1. Scope of application
These General Terms and Conditions (“GTC”) shall apply to all offers, services and deliveries of any kind whatsoever (in short: services) provided by The Netu GmbH within the framework of the Internet portal operated under the domain “www.babybob.at” or the website accessible via this Internet portal. By accepting or using the services, the customer submits to these GTC in any case. Any deviations from these GTC require the express prior written consent of The Netu GmbH in each individual case.
2 Subject matter of the contract
The contract, hereinafter referred to as the “rental contract”, provides for the rental of new and used goods, hereinafter referred to as “goods” or “rental item” or “rental items”, for use via the platform. The objective of the contract is that the customer receives the goods exclusively for use against payment of the agreed rent. In addition, the contract may regulate the purchase of the rented goods.
A rental contract can only be concluded as a registered customer. Registration is possible when placing an order as well as independently of an order. When registering, the customer is obliged to provide only accurate data
(e.g. name, address, e-mail address, bank details, VAT identification number, commercial register number, if applicable), not to provide any data of third parties and to notify The Netu GmbH immediately of any change in the data. There is a liability for misuse of the access data by third parties. This may also lead to an obligation to pay usage fees for rental items that the registered user has not ordered themselves. Natural persons can only register and place orders if they are of age and have full legal capacity. Legal entities can also register and place orders. The registration of a legal person as a customer and orders of legal persons may only be placed by a natural person authorised to represent the legal person or by a person authorised by the legal person, who must be named, hereinafter
“authorised representative”. Upon successful registration, The Netu ein GmbH shall create a customer account.
4. Conclusion and extension of the rental agreement, shipment or handover of the goods
The presentation of the rental items on the platform does not constitute a binding offer to conclude a rental agreement. The rental items can be placed in the rental basket on the website by clicking the respective button on the offer page. The amount of the rent to be paid is displayed on the offer page.
A binding offer to conclude a contract is only concluded by clicking the respective button on the summary page. Up to this point, customers can check their details in the order form at any time and correct them if necessary. After this order, the customer receives a confirmation of his order. After successful verification of the order, the customer receives an e-mail confirming the rental of the selected goods, hereinafter referred to as “contract confirmation”. Upon receipt of this contract confirmation, the rental contract is concluded.
Via the customer account, the current rental contracts can be extended or amended (in particular with regard to the minimum contract period) as follows: A binding offer to extend or amend a current rental agreement is only made by the customer clicking on the respective button. After successful review of the extension request by The Netu GmbH, the customer will receive an email confirming the extension of the rental period or the change, hereinafter referred to as “contract confirmation”. Upon receipt of this contract confirmation, an agreement on the extension or change of the rental contract is concluded. The agreed new contract or minimum contract period shall then apply. A change to a shorter minimum contract term is then not possible.
The order process leading to the conclusion of the contract or the extension may include, among other things, verification of the cell phone number by the customer via his smartphone as well as an identity and age check. If the order for the rental item is placed via the website, the rental item will not be shipped until the customer has paid the first month’s rent. As long as the condition of the first payment is not fulfilled, The Netu GmbH is entitled to retain the rental item. No usage fee is payable for the period between dispatch of the rental item and delivery to the customer. The obligation to pay the rent shall only commence upon delivery of the rental item to the customer.
5. Commencement of rental, term of contract, termination
The term of the lease shall commence upon delivery of the leased property to the customer, hereinafter referred to as “delivery”. Delivery shall be effected by delivery or handover by The Netu GmbH or a supplier commissioned by it.
The term of the contract depends on the choice made by the customer when placing the order. Unless otherwise agreed in individual cases, the contract shall run for an indefinite period.
The parties have the right to terminate the contract with a notice period of four weeks to the end of each contract month without giving reasons, but, if a minimum term has been agreed, at the earliest at the end of the agreed minimum contract term.
The right to extraordinary termination for good cause remains unaffected. In particular, The Netu GmbH shall be entitled to extraordinary termination if
- the customer is in default of payment of two consecutive usage fees;
- the customer misses payment of the usage fee, although they have already been warned or reminded due to repeated delays in payment;
- the customer transfers the rented item to third parties without authorization; or
- the customer violates the rights of The Netu GmbH by significantly endangering the rented item through neglect of the care incumbent upon them, lack of care or improper use.
If several rental agreements exist between The Netu GmbH and the customer and The Netu GmbH is entitled to terminate one rental agreement for cause without notice, The Netu GmbH may also terminate the other rental agreements for cause without notice if the maintenance of the other rental agreements is unreasonable due to grossly disloyal behaviour on the part of the customer. This is particularly the case if the customer
- intentionally damages a rental object;
- culpably conceals or attempts to conceal damage to the rented item towards The Netu GmbH; or
- intentionally causes damage to The Netu GmbH.
The customer may terminate the contract (at the next possible termination date) by (i) declaration in text form or (ii) online in the customer portal by pressing the button.
The customer is obligated to return the rental item with all accessories to The Netu GmbH immediately after the end of the contract. The customer shall return the rented item – apart from normal signs of use – in the condition in which it was received.
If the rented item is returned without the accessories rented with it or incomplete, the customer is obliged to return the missing accessories and the missing component within one week of being requested to do so by The Netu GmbH. If the missing accessory or component is not returned within one week despite The Netu GmbH’s request, The Netu GmbH shall be entitled to demand the residual value of the missing accessory or component, which shall be calculated based on the current market value.
If the use of the rented item is continued by the customer after the end of the contract, the rental relationship shall be deemed to be extended by a further month in each case, unless The Netu GmbH objects. Sections 1114 ff of the General Civil Code (ABGB) shall not apply.
The rental agreement shall also end in the event of the effective exercise of an agreed purchase option.
Rental period 1 week:
If the customer has not returned the rental object after the expiry of the agreed rental period, the rental period shall be extended by a further week, regardless of whether the rental object has been returned before the expiry of the second extended rental period. If the customer wishes to purchase the rental item after the expiration of the agreed rental period of one week, he/she will be granted a generous discount.
Rental period 1 month/3 months/6 months:
If the customer has not returned the rental item after the expiration of the agreed rental period, the rental period will be extended by another month, regardless of whether the rental item has been returned before the expiration of the second extended rental period. The rental fee remains the same for the extension of the rental period, depending on the chosen rental option. The rental agreement is then automatically extended by the rental period originally chosen. If the customer wishes to purchase the rental object after the expiry of the agreed rental period, a generous discount will be granted to the customer.
The customer can extend the rental agreement, depending on the chosen rental option, as follows:
- original rental period 1 month is extended as follows: 3/6/12/24 months.
- original rental period 3 months is extended as follows: 3/6/12/24 months
- original rental period 6 months is extended as follows: 12/24 months
If the customer wishes to purchase the rental item after the expiration of the agreed rental period of one week, they will be granted a generous discount.
Rental period 1 year:
If the customer wishes to rent the rental item for one year, the rental fee will be payable monthly by debiting it from their bank account. If the customer has not returned the rental object after the expiry of the agreed rental period, the rental period will be extended by another month. If the customer wishes to purchase the rental item after the expiration of the agreed rental period, the customer will be granted a generous discount.
Rental period 2 years:
If the customer wishes to rent the rental item for two years, the rental fee will be payable monthly by debiting it from their bank account. The customer can rent another product at the end of the rental period, and the shipping costs will be paid by the customer. If the customer has not returned the rental item after the expiration of the agreed rental period, the rental period will be extended by another month.
If the customer wishes to purchase the rental item after the expiration of the agreed rental period, the customer will be granted a generous discount.
Obligations of the Lessor
- The rental object is to be handed over in a proper functional condition
- The rental object is to be sent at the agreed time and place, by means of courier delivery service
- The lessor expressly agrees to the use of the rental object during the agreed rental period
Obligations of the lessee
- The rental object is to be returned in a proper functional condition.
- The Lessee undertakes to pay the agreed rent in accordance with the present General Terms and Conditions of Business.
- The Lessee undertakes to bear in full any repair costs or a new acquisition of the rental object, which have arisen due to improper use of the rental object or loss.
- The Lessee undertakes to notify the Lessor of the extension of the lease no later than 24 hours before the expiry of the lease.
Cancellation of subscription before expiration:
In the event of a premature termination of the subscription, The Netu GmbH will issue a final invoice. This invoice is carefully calculated based on the actual period for which the customer rented the product.
In the event of early termination of the subscription, the customer must strictly observe the following guidelines for the return of the rented product:
- Timely return: The customer is obliged to return the product to The Netu GmbH within 3 days after termination.
- Responsibility for Shipping Costs: All shipping costs associated with returning the product are the responsibility of the customer. The customer is obliged to ensure a secure and traceable method of shipment and to fully assume the costs incurred as part of the return process.
- Product condition: When returning the product, the customer must ensure that the product is in the same condition in which the customer received it. Reasonable signs of wear and tear are excluded. The Netu GmbH reserves the right to inspect the condition of the product upon return to determine if additional charges need to be levied on the customer.
6. Purchase of the rental object
If the subject of the offer is also a purchase option and this purchase option has become part of the contract, the following provisions shall apply: The customer can exercise his purchase option at any time during the rental period. By clicking the button, the customer acquires the goods. After checking the order, the customer receives an e-mail confirming the purchase of the selected goods, hereinafter
The purchase price results from the offer presentation. The purchase price is understood to be the gross price, including the statutory sales tax valid at the time of the order. If the customer makes use of the purchase option, the rent paid up to the exercise of the purchase option shall be credited against the purchase price. The customer is obliged to pay in advance and the payment is due immediately after exercising the purchase option.
The purchased rental object shall remain the property of The Netu GmbH until the purchase price has been paid in full. The customer is obligated to keep it free from third party rights until the purchase price has been paid in full.
7. Right of revocation
If the customer is a consumer and has rented the rental object via the website, they are entitled to revoke his contractual declaration. Customers who are entrepreneurs have no right of revocation.
The revocation is possible within fourteen days from the day of the conclusion of the contract without giving reasons. For this purpose, the customer must inform The Netu GmbH by means of a clear declaration (e.g. a letter sent by post, fax or email). The revocation must be sent to the following address:
The Netu GmbH
Wehleweg 9/32 1030 Wien
To comply with the revocation period, it is sufficient that the customer sends the notification of the exercise of the right of revocation before the end of the revocation period.
If the contract is revoked by the customer, all payments made so far, including delivery costs, will be refunded no later than fourteen days from the
day on which the notice of the contract revocation is received by The Netu GmbH. The same means of payment used by the customer in the original transaction will be used for this refund. The Netu GmbH may refuse the refund until the rental object has been returned to them.
The customer shall return the rented item to the following return address without delay and in any case no later than within fourteen days from the day on which they informed The Netu GmbH of the cancellation of the contract: Workpoint-Adresse.
The deadline is met if the customer sends the rental object before the deadline of fourteen days expires.
The costs of returning the rental object are to be paid by the customer. Returning the rental object to the wrong address may sometimes result in a delay in the refund.
8. Delivery conditions
The delivery of the rental object shall be made to the shipping address provided by the customer. The Netu GmbH shall be entitled to make partial deliveries to a reasonable extent. Any additional costs incurred as a result shall be borne by The Netu GmbH. Should The Netu GmbH discover during the processing of the order that the ordered rental item is not available despite careful examination of the inventory and for reasons for which The Netu GmbH is not responsible, the customer shall be informed of this by e-mail and a contract shall not be concluded. If the
The Netu GmbH has previously accepted the customer’s contract offer by confirming the contract, it shall be entitled to withdraw from the contract. Any payments made will be refunded immediately. The delivery times stated in connection with the presentation of the offer are approximate. If the stated delivery date is exceeded by more than four weeks, either party shall be entitled to withdraw from the contract. If The Netu GmbH is not responsible for a permanent obstacle to delivery, in particular due to force majeure (including pandemics such as COVID-19) or non-delivery by its own suppliers, although a corresponding covering transaction was made in good time, it shall have the right to withdraw from the contract. The customer will be informed immediately and received services, especially payments, will be refunded.
9. User fees, Deposit, Shipping Costs
The Netu GmbH charges user fees for the use of the rental object. The amount of the usage fees results from the presentation of the offer. The total rental price is calculated from the following components: usage fee per month multiplied by the number of months of the contract period. The Netu GmbH reserves the right to demand a deposit of € 200 per rental item for tourists or those customers who use a daily rental period or a rental period with a term of less than 30 days. The deposit paid will be refunded to the customer after the returned rental item has been checked if there are no defects in the rental item, otherwise the necessary repair costs will be deducted or the deposit paid will be retained in full.
All rental prices are final prices and include the statutory sales tax. In addition to the final prices, there are additional costs depending on the shipping method, which are displayed before the order is shipped.
The Netu GmbH is entitled to change the user fees for the period after the end of the minimum contract period. The Netu GmbH will inform the customer of this no later than six weeks before the change comes into effect. If the customer does not agree with the change, they can terminate the contract up to two weeks before the price change takes effect. If there is no termination, the customer’s consent to the price change is fictitious. The Netu GmbH will point out the possibility of termination and compliance with the deadline separately.
10. terms of payment
Payment processing shall be carried out by The Netu GmbH. The customer has exclusively the following options for payment: payment service provider (e.g. PayPal), credit card, VISA debit card, under certain circumstances SEPA direct debit and, if expressly agreed, bank transfer. When using a payment service provider, the payment service provider enables the payment to be processed among themselves. In doing so, the payment service provider forwards the customer’s payment to The Netu GmbH. Further information can be found on the website of the respective payment service provider. When paying by credit card, the customer must be the rightful cardholder. The final charge to the credit card will be made upon confirmation of the rental request. In the course of a SEPA direct debit, the credit institution, BIC and IBAN of the customer’s bank account are required. By selecting the SEPA direct debit procedure, the customer authorises The Netu GmbH to collect payments from their bank account by direct debit. At the same time, the customer instructs their credit institution to honour the direct debits drawn on their bank account by The Netu GmbH. The debit of the customer’s bank account takes place after completion of the order.
The usage fees are to be paid by the customer in advance and regardless of the actual use of the rental item and will not be refunded if the customer returns the rental item to The Netu GmbH before the end of the contract period or does not use it for other reasons. There is no entitlement to partial reimbursement or crediting.
In the case of a contract with a minimum term, (i) the first payment of the usage fee shall be made upon conclusion of the rental contract, but before shipment or handover of the goods, and (ii) all further payments shall be made from the 2nd month of usage, i.e. one month after the delivery date in each case (e.g. if the order is placed on March 1 and delivery is on March 10, the 1st payment shall be due on March 1 and the 2nd payment on April 10, the 3rd payment on May 10, etc.).
If the customer is in default of payment, The Netu GmbH shall be entitled to charge default interest in the amount of 9.2 percentage points above the base interest rate, unless the customer is a consumer. In this case, the default interest shall be 4 % points above the base interest rate. The Netu GmbH reserves the right to prove higher damages.
Customers may only set off claims against the payment claim of The Netu GmbH that are undisputed by The Netu GmbH or have been legally established against The Netu GmbH. The customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.
11. Use, Damage and Loss of the Rented Item
The customer receives the rental object exclusively for use over a certain period of time. They may not modify it. No modification of the rented item shall be deemed to be a removal of a defect in accordance with the provisions of § 1097 ABGB (Austrian Civil Code). The customer shall not be entitled to any reimbursement of expenses for modifications made by them in accordance with § 1097 ABGB or other statutory provisions. The Netu GmbH is entitled to restore the original condition after the end of the contract at the expense of the customer. This shall not apply if the original condition can only be restored at disproportionately high expense; in this case, claims of The Netu GmbH for damages shall remain unaffected.
The use shall be customary and careful, minimising the damage to be expected. In the event of any damage or other impairment to the rented item during the rental period, the customer is obliged to inform The Netu GmbH immediately in writing of all details of the event that led to the damage to the rented item or other impairment. In the event of damage to the rented item and other violations of the contract concluded between the customer and The Netu GmbH rental contract, the customer is liable for the reason according to the statutory provisions.
12. Data protection/Confidentiality
The Netu GmbH is entitled to process, in particular to store, personal data of the Customers, such as first name(s), surname, gender, academic degree, date and place of birth, address, billing address, identification document, citizenship, profession/industry, telephone number, fax number, e-mail address, within the limits of the Data Protection Act for the purpose of providing access to Services as well as for the use of Services.
The Netu GmbH shall not make personal data of the customers available to third parties. The personal data and information provided by the customer shall be protected against unauthorised access by third parties with the greatest possible care. The Netu GmbH will take all reasonable measures to ensure the security of personal data. However, it is pointed out to the customer that the World Wide Web is accessible to everyone worldwide and, in particular, misuse cannot be ruled out, so that unauthorised access by third parties to such data and information cannot be ruled out.
Hyperlinks to websites operated by The Netu GmbH may only be set with the prior written consent of The Netu GmbH. Any consent granted shall in any case only be deemed to have been granted subject to revocability at any time. The setting of frame and inline links is prohibited in any case.
The inclusion of a website brokered or operated by a third party in the Internet portal operated by The Netu GmbH does not constitute any recommendation or guarantee with regard to the services offered or contained therein, in particular information, as well as any goods or services offered. Insofar as The Netu GmbH refers to websites that are not operated by The Netu GmbH by means of links, this is only done as an additional service for the customer in order to enable access to such websites. In these cases, however, The Netu GmbH shall not assume any warranty and/or liability for the content of such websites.
The services offered by The Netu GmbH are not created for the individual requirements and needs of a single person, but for the general public. The Netu GmbH will carefully select the services offered (such as information). However, The Netu GmbH does not assume any warranty and/or liability for the correctness, up-to-dateness, accuracy or completeness of the offered services (e.g. information) as well as for a certain usability or usability of the same.
In particular, The Netu GmbH also offers services (such as information) to customers on the Internet portal that are brokered, created or otherwise made available by third parties. The Netu GmbH shall use its best efforts to ensure that the operation of the Internet portal does not infringe any third-party rights, in particular, but not exclusively, copyrights, exploitation rights, trademark rights or other rights of use. However, The Netu GmbH does not guarantee that the services (such as information) used by users are free of third-party rights, in particular, but not exclusively, copyrights, exploitation rights, trademark rights or other rights of use. Liability for any resulting damages is excluded.
The liability of The Netu GmbH shall in any case be limited to intent and gross negligence. Liability of The Netu GmbH for financial loss due to slight negligence is excluded.
The obligation to compensate for damage caused by delay shall be limited to damage that was foreseeable and typical at the time the contract was concluded. This
limitation of liability shall not apply in the event of intentional or grossly negligent breach of contract. The above limitations of liability shall not apply to claims for damages arising from injury to life, body, health, the assumption of a guarantee of quality or fraudulent concealment of defects by The Netu GmbH.
Liability under the Product Liability Act remains unaffected. Any statutory liability privileges in favour of The Netu GmbH shall remain unaffected.
In the event of defects in the rented item, The Netu GmbH shall be entitled to repair the rented item or to provide the customer with an equivalent item as a replacement.
If the customer exercises the purchase option and is an entrepreneur, the warranty shall be excluded; if the customer is a consumer, the warranty period shall be limited to one year for the used rental item when exercising the purchase option.
The customer shall indemnify The Netu GmbH against all claims asserted by third parties against The Netu GmbH due to improper use of the rented item, use in breach of the contract or use in breach of the law, unless the customer is not responsible for such use. In the event of an indemnification pursuant to sentence 1, the customer shall compensate The Netu GmbH for any damage incurred by The Netu GmbH due to improper use, use in breach of contract or illegal use, including any costs of legal defence. The customer shall inform The Netu GmbH without delay if third parties assert claims due to improper use, use in breach of contract or illegal use of the rented item and shall support The Netu GmbH in its legal defence.
15. Exploitation and usage rights
All services offered by The Netu GmbH, in particular the information, data, texts, images, graphics etc. provided, may only be used for the private use of the Customer. Commercial use, in whatever form, is inadmissible in any case.
In particular, the customer undertakes to refrain from any exploitation or use of the services offered, in particular any reproduction, storage, distribution, publication, sale or processing, in particular of information, texts, graphics, files, databases, layouts, etc., in any way whatsoever. The customer shall take all measures to comply with these obligations.
16 Use of the Platform
The Netu GmbH expressly points out that the use of the platform involves risks. This concerns in particular risks caused by the sending of malware, spamming (unsolicited sending of advertising emails), theft of passwords, electronic burglary as well as manipulation, hacking as well as other forms of unauthorised disclosure of customer data, harassment and forgery. The Netu GmbH will make reasonable efforts to minimise these risks. This shall not constitute any obligation to indemnify. In this respect, the use of the platform is at the user’s own risk.
The Netu GmbH provides all services in accordance with the existing technical, economic, operational and organisational possibilities. Therefore, The Netu GmbH shall not be liable for any interruptions, malfunctions, delays, deletions, transmission errors or memory failures in connection with the use of services or communication with the user.
The customer acknowledges that the services offered by The Netu GmbH may also be offered with the involvement of third-party network operators. The availability of the services may therefore be dependent on the technical provision of third-party network services. The Netu GmbH does not assume any obligation to keep the services offered uninterrupted and available on the Internet at all times. The customer is aware that The Netu GmbH has no influence on the possibility of Internet access, the transmission speed or the availability and stability of network connections and accesses.
The Netu GmbH is entitled to interrupt the services for an appropriate period of time for internal reasons, such as for maintenance purposes. In particular, for reasons of force majeure, in the event of strikes, lockouts and official orders, as well as due to technical changes to the facilities of The Netu GmbH or due to other measures required for proper or improved operation (e.g. maintenance work, repairs, etc.), services may be temporarily restricted. The customer will not derive any claims from this, but The Netu GmbH will work towards a quick elimination of the disturbance.
The customer is entitled to use the services of The Netu GmbH in each case at their own risk and expense and is obligated to use only suitable technical devices, such as appropriate computers, modems, etc., for this purpose. The customer is also obligated to use the services only in compliance with the legal provisions and in particular to refrain from any improper use of the services.
Insofar as services are provided free of charge, The Netu GmbH reserves the right to provide them for a fee at any time after prior notification. In any case, there shall be no claim to the provision of services free of charge.
17. prohibition of assignment, transfer of use, pledging
Claims or rights of the customer against The Netu GmbH may not be assigned or pledged without the consent of The Netu GmbH, unless the customer has proven a justified interest in the assignment or pledge.
During the term of the lease, the customer may not, without the prior written
consent of The Netu GmbH, transfer the use of the leased property to a third party for use, and in particular may not sell, give away, rent or lend it. Exempt from this is the free use by persons belonging to the customer’s household or employees of the customer, to the extent permitted by law.
The customer is obligated to keep the rental object free from rights of third parties for the duration of the rental.
During the term of the Lease, any Leased Property in the Customer’s possession may not be leased, encumbered with a lien, or otherwise made the subject of a transaction.
18. Customer service
The customer service of The NETU GmbH can be reached via email at the email address firstname.lastname@example.org.
The Netu GmbH is entitled to make changes to these General Terms and Conditions (“GTC”) at any time, provided that the changes do not concern main service obligations or the remuneration for the main service, or the changes are equivalent to the conclusion of a new contract, or concern a change in remuneration that is aimed at a payment exceeding the agreed remuneration for the main service. The customer shall be notified of the amended terms and conditions in text form at least six weeks before they come into force. The amendments shall be deemed to have been approved if the customer does not object to them within six weeks of receipt of the notification. The customer shall be informed separately of the possibility of objection and compliance with the deadline.
If the right of objection is exercised, the changes shall not become part of the contract and the contract shall continue unchanged. In the event of an objection by the customer to the amended terms and conditions within the time limit, The Netu GmbH shall be entitled, while safeguarding the legitimate interests of the customer, to terminate the existing contract with the customer at the point in time at which the amendment comes into force. Corresponding contents of the customer will then be deleted from the database. The customer may not assert any claims against The Netu GmbH as a result of this.
20 Jurisdiction/Place of Performance/Applicable Law
The place of jurisdiction for all disputes arising between the customer and The Netu GmbH is agreed to be the Commercial Court of Vienna, which has subject matter and local jurisdiction. The place of performance for all claims and obligations shall be the registered office of The Netu GmbH. The substantive Austrian law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The invalidity or ineffectiveness of individual provisions of the GTC shall not affect the legal effectiveness of the remaining provisions; in this case, those agreements shall be deemed to have been made which are legally effective and come closest to the original objective of The Netu GmbH. Insofar as written form is required in these GTC, transmission by fax or e-mail shall also satisfy this requirement.