General terms and conditions

Applicability

These general terms and conditions apply to every offer, quotation or agreement regarding the rental of items between Cachet BVBA (hereinafter referred to as “Cachet”), with registered office at 1080 Brussels, Bouvierstraat 14, Box 2, registered in the Crossroads Bank for Enterprises under number 0713.610.291 and the customer.

The general terms and conditions take precedence over the customer’s own general or special terms and conditions, the application of which is expressly excluded.

If any provision of the general terms and conditions is found to be wholly or partially invalid or unenforceable, the other provisions will remain fully applicable and this invalid or unenforceable provision will be considered to have been amended to the extent necessary to make it enforceable, whereby the amendment will be as close as possible to the purpose and scope of the original provision.

Deviations from these general terms and conditions are only possible if they are expressly agreed in writing.

Failure by Cachet to insist on the execution of any provision of these general terms and conditions cannot be construed as a waiver of a right or a limitation thereof. Waiver of one provision does not in any case affect the enforceability of the other provisions.

Price, deposit and payment

The rental price of each item is stated on the website and is always expressed in euros and calculated per day. Transport costs are calculated and stated separately, if applicable.

Prior to the use of the rented item and unless otherwise agreed in writing, the customer is obliged to pay Cachet a deposit equal to 100% of the rental price of the rented item for the period provided for in the order. This deposit will be settled in the final invoice.

Unless otherwise agreed in writing, Cachet's invoices are payable no later than 30 days after the date of the invoice.

In the event of full or partial non-payment of an invoice on the due date, the customer shall automatically and without prior notice of default owe default interest on the unpaid invoice amount at the statutory interest rate plus 5%, without this interest being lower than 10% per year, and this for each month already started. Furthermore, in the event of late payment of the invoice, the customer shall automatically and without prior notice of default owe a fixed compensation amounting to 10% of the unpaid invoice amount, with a minimum of EUR 125.00, without prejudice to Cachet's right to claim higher compensation.

In the event of non-payment of an invoice on the due date, all other claims on the customer that have not yet fallen due shall also automatically and without prior notice of default become due and payable.

Collection/Delivery

The customer collects the rented item from the Cachet depot, located at 9000 Ghent, Dreef 20 and will return it to this location at the end of the rental period, unless otherwise agreed in writing. Upon collection, the customer is responsible for the rented item as soon as it has left the Cachet depot.

If agreed in writing, Cachet, or a third party appointed by it, can be responsible for the delivery of a rented item. Upon such delivery, the customer is responsible for the rented item as soon as it has been unloaded at the delivery address. At the time of delivery, the customer must sign the delivery note for the rented item for receipt.

The customer must thoroughly inspect the rented item upon collection/delivery. Any comments about pre-existing damage or defects must be reported to Cachet in writing by the customer immediately upon collection/delivery and no later than 12 hours after collection/delivery. The use of the rented item by the customer implies the irrevocable acceptance thereof, so that a report of pre-existing damage that is only made after use is no longer admissible.

In view of article VI. 53, 12° of the Belgian Code of Economic Law, the customer has no right of withdrawal.

Returns

Unless otherwise agreed in writing, the customer returns the rented item to Cachet no later than 1 working day after the end of the rental period or, in the event of agreed collection by Cachet, the customer makes the item available to Cachet at the agreed location, or to a third party appointed by Cachet responsible for collection.

In the event of late return or making available for collection, the corresponding rental price will be charged to the customer per day of delay and per rented item.

The customer is responsible for returning the rented item in the condition in which it received it, which is validly proven by Cachet by the photos