RENTAL TERMS AND CONDITIONS
RENTAL TERMS AND CONDITIONS
Valid from 16.12.2021
1.1.Rentor – Lapseväli OÜ
1.2.Rentee – the person who the Rentor concluded the contract with.
1.3.Party – Rentor or Rentee
1.4.Rent point – Rentors website lapsevali.ee
1.5.Rental order – a rental order (hereafter Order) for toys, books and accessories (hereafter Goods) in which there are fixed Goods, rental fee and other agreements. An Order is a confirmation message issued to the Rentee’s e-mail address after payment on the Rent point for usage of the rented Goods for a certain Rental period.
1.6.Goods – Toys or other assets fixed in Rental confirmation message based on the Order.
1.7.Rental period – The date from which the Rentee received the Goods to the date on which the Rentee returned the Goods to the Rentor.
1.8.Days of Rental – Rental period in calendar days.
1.9.General Conditions – The General Conditions of Rental given in this document, fixed by the Rentor and are applicable to all Goods Rental confirmation messages issued by the Rentor.
1.10.Property – Address of the property which the Goods are used in.
1.11.Regulation – General Regulation (EU) 2016/679
2.1.By submitting the Order, the Rentee gives the Rentor the following confirmations:
2.1.1.The Rentee has all the rights about the Goods to make the Order and there are no known circumstances that could hamper or make it impossible for the Rentee to fulfill all the responsibilities given by this document.
2.1.2.The Rentee has read up and the Rentor has informed the Rentee enough of the following: the qualities of the rented Goods, rental fee, general conditions and manuals if any. The Rentee has got all the answers about using and qualities of the Goods from the Rentor.
2.1.3.The Rentee agrees that the Rentor has the right to process the Rentee’s personal data, including first and last name, national identification number, place of residence, given during the process of conducting and filling the Order.
2.1.4.The Rentee agrees that the Rentor has the right to forward personal data referred in Article 2.1.3., including the failure to complete the responsibilities of the Order and the size of the debt, to third parties (including collection companies, legal advisors, law firms), in order to collect debt, return the Goods and to complete the creditworthiness assessment on the Rentee.
3.ORDERING AND DEADLINE
3.1.Rental period is appointed by each rental product separately and is measured in days: first day being the day of receiving the Goods and the last day being the day of returning the Goods.
3.2.To rent Goods, the customer need to select the start and end dates of the rental, add the desired products to the shopping cart, fill in the required data fields and select the appropriate method of product delivery. The screen will then display the amount of the fee, which can be paid securely through the following payment methods:
3.2.1.Estonian banking links: Swedbank, SEB, Luminor, LHV, Coop bank, Citadele, Pocopay
NB! When paying with a bank link, be sure to click the “Back to Merchant” button on the bank’s page.
3.2.2.Payments are mediated by Maksekeskus AS. Payment takes place outside the Rent point in a secure environment – when paying with a bank link in the secure environment of the respective bank and The Rentor does not have access to the customer’s bank details.
3.2.3.Lapseväli OÜ is the chief processor of personal data and forwards the personal data necessary for making payments to the authorized processor Maksekeskus AS.
3.2.4.The Order enters into force upon receipt of the amount due to the Rentors account EE242200221078187051.
3.3. If the ordered Goods cannot be delivered due to the end of the Goods or for any other reason, the client will be notified as soon as possible and the money paid (incl. Delivery costs) will be refunded immediately, but not later than within 7 (seven) working days of sending the notice.
3.4.The rental relationship starts starts from the moment of placing the Order and ends when the Deposit is returned to the Rentee’s bank account.
4.DELIVERY AND RETURN OF GOODS
4.1.The Goods will be transferred to the Rentee at the Rentor’s Rental Point on the basis of the Order confirmation.
4.2.The Goods are sent within Estonia. Delivery costs are borne by the Rentee and the corresponding price information is displayed next to the shipping method. Delivery costs will be added to the rental fee for the selected products in the shopping cart before submitting the payment order. The Goods will be delivered according to the delivery option chosen by the Rentee:
4.2.1.By parcel machine: Omniva, Itella Smartpost and DPD parcel machines
4.2.2.By courier: we deliver in Tallinn and Harju County.
4.2.2.By picking up: picking up on the spot Aiandi 8/1 Mustamäe, Tallinn between 6-7PM and by agreement at another time
4.3.Shipments within Estonia generally reach the destination specified by the client within 2-3 working days after confirming the Order. In exceptional cases, the right to deliver the Goods within up to 10 working days.
4.4.When receiving the Goods the Rentee is obliged to check the quantity, the quality and general condition of the products and to notify the Rentor as soon as possible, but not later than the day of receiving the Goods, of all drawbacks known in relation to the Goods. The Order will be considered complete and without complaints the day after the day of receival, meaning the Objects correspond to quantity and the Rentee has no pretensions over quality or general condition of the Goods.
4.5.The Rentee may return the Goods before the deadline at any day when settling with the Rentor.
4.6.There are several ways to return the goods:
4.6.1.Free return is included in the courier price in Tallinn and Harju County
4.6.2.Spot-return: the Rentee shall return the Goods on spot at Aiandi 8/1 in Mustamäe, Tallinn between 6-7 PM or at another time by agreement. In this case, return to the customer free of charge.
4.6.3.PIN-return: the Rentee send the Goods with Omniva and DPD parcel machine to Tallinna Mustika Keskuse parcel machine on Karjavälja 4 and with Itella Smartpost parcel machine to Tallinna Mustika Prisma parcel machine on Tammsaare tee 116 using the code required for return in the message and e-mail upon receipt of the parcel. Minimum code duration is 14 calendar days and maximum duration is 100 calendar days. In this case, return to the customer free of charge.
4.6.4.Submission of a transport order is not considered to terminate the Rental.
4.7.If the Rentee wishes to return the Goods in several instalments and at different times, the Rentee must notify the Rentor via e-mail.
4.8.The Goods must be in the same package and condition as they were when the Rentee received them, considering normal usage. If the Rentor detects the Goods rendering unusable or the value of the Goods has been decreased significantly, caused by the Rentee, the Rentor has the right to demand the Rentee for a compensation for the amount equivalent to new purchase price of the Goods. The Goods will be considered lost if the Goods have not been returned to the Rentor within 5 (five) working days from the end of the rental period.
4.9.In case the Rentee has not returned the Goods within 5 (five) working days from the end of the rental period, the Rentor has the right to take action to restore the Goods and to turn to third parties (including collection companies, legal advisors, law firms).
5.RENTAL FEE AND SECURITY DEPOSIT
5.1. The Rentor shall rent the Goods agreed in the Order to the Rentee based on the rental fee valid during the time of transfer. The Rentor may change the valid rental fee at any time but it would not affect the rental fee of the Goods already handed over to the Rentee before the change.
5.2. The company Lapseväli OÜ is not a VAT (value-added tax) payer and the prices do not include VAT.
5.3.Rental fee is determined separately for each rental product at the Rental point and includes the fee only for the use of the Goods. Product prices and payments are only in euros.
5.4.The Rentor has the right to demand payment of the security deposit from the Rentee before handing over the Goods. The amount of the security deposit is determined by the Rentor but it may not exceed the new purchase price of the Goods to be rented to the Rentee.
5.5.The security deposit is set separately for each rental product at the Rental Point and it is displayed in the “Deposit” box in the shopping Cart. The security deposit for each selected product will be added to the rental fee before submitting the payment.
5.6.The Rentor has the right to clear and reduce the security deposit by the amount in which the Rentor has a financial claim to the Rentee considering the rental of the Goods. Upon premature termination of the Rental relationship, the security deposit will also be settled.
5.7.The Rentor is not obligated to keep the security deposit, paid by the Rentee, on a different account or to pay interest to the Rentee from the security deposit.
5.8.The Rentee has the right to demand the Rentor to pay back the security deposit after a 7 (seven) working days from returning the Goods at the latest.
5.9.The Rentee is obliged to compensate the damage caused by misuse of the Goods, including costs of legal advice and collection service use.
6.SALE OF ASSETS
6.1.By agreement between the Parties, the Rentor may sell the rented product to the Rentee for a separate fee.
7.OBLIGATIONS OF THE PARTIES
7.1.The Rentee is obliged:
7.1.1.to use rented Goods prudently and only in accordance with the Goods intended use.
7.1.2.to follow all instructions introduced by the Rentor when using the Goods; provide the introduction of the instructions to the children on the Property and perform supervision over the children using the Goods. In order of whatever obscurity or questions the Rentee is obliged to contact the Rentor immediately.
7.1.3.to not change, modify or repair on its own initiative the Goods without the Rentor’s written approval on e-mail.
7.1.4.to notify the Rentor immediately on whatever damage, impairment of functions, destruction, also the losing of the Goods.
7.1.5.to not give the Goods to third party’s possession or usage without getting a written approval from the Rentor. Third party does not include the Rentee’s children and guests.
7.1.6.to notify the Rentor immediately of the Goods Property address change. Taking the Goods out of the territory of Republic of Estonia without the Rentor’s written approval is not allowed.
7.1.7.to return the Goods to the Rentor at the end of the Rental period under the conditions and pursuant to the procedure specified in the Order.
7.2.The Rentor is obliged:
7.2.1.to provide the transfer of the Goods to the Rentee at a way, time and place and the Goods accordance as agreed in the Order.
7.2.2.to return the security deposit to the Rentee’s bank account within 7 (seven) days after receiving the Items and checking their condition.
8.PROCESSING OF PERSONAL DATA
8.2.By filling the order and processing personal data, the Parties:
8.2.1.comply with the requirements which are decreed in protection of personal data Regulations, protection of personal data law and other legislations which regulate the processing of personal data.
8.2.2.work together and offer mutual help as much as possible so that the other Party can fill obligations which arise from regulating legislations of processing of personal data.
8.2.3.guarantee the rights of the data subject which are decreed in Regulations, including answers to data subject’s queries, applications or complaints.
8.2.4.notify each other in writing if there has been a violation relevant to personal data in relation to the other Party’s forwarded personal data, noting the nature, reach and measures taken or recommended for mitigation of adverse effects.
8.3.2.is obliged to adduce evidence of submission of information from Article 8.3.1. if the Rentor demands it.
8.3.3.will not forward the Rentor the personal data of the people who have not been informed of transmitting information to the Rentor or processing of personal data by the Rentor.
8.3.4.has to provide that the prohibition laid down in Article 8.3.3. will be followed by all of the people involved in the Order by the Rentee.
8.3.5.reacts adequately to the Rentor’s notifications about repairs, extinctions or restrictions on the processing of personal data which has been forwarded to the Rentee of the Rentor’s representatives for the purpose of performing the Order. For that the Rentee obliges:
184.108.40.206.to accept the Rentor’s notifications and assure the Rentor of receiving them;
220.127.116.11.to take corrective action on personal data and other actions which are provided for in the notifications and thereby notify the Rentor of executing them;
18.104.22.168.to notify the Rentor of correction, extinction or restriction of processing personal data of the Rentee’s children and representatives;
8.4. Obligations laid down in Articles 8.2 and 8.3.5. does not apply to a self-employed Rentee if the Rentee processes personal data forwarded to the Rentee invariably during personal or domestic activities.
9.1.The Parties shall be liable for any damage caused to the other Party by the breach of the Order.
9.2.The Rentee is responsible for the disappearance, destruction or damaging of the Goods, including the malfunctions of the Goods, except for the malfunctions that are caused by the Goods normal wear or by the Rentor’s failure to fulfill an obligation of control, for the entirety of the Rental period.
9.3.In case of disappearance or destruction of the Goods the damage shall be deemed the same Goods new product price.
9.4.The Rentor is not responsible for the damage caused to the Rentee while using the Goods by the Rentee or third parties.
9.5.The Rentor’s liability in the event of the Goods destruction during the Rental period is limited to just the Goods replacements within a reasonable time of receipt of the notification and the Goods return by the Rentee to the Rentor. In the event of partial or complete cessation of the functions of the Goods, the Rentor shall not be liable for any damage caused to the Rentee in this connection during the Rental period.
9.6.The risk of accidental destruction and damage of Goods, as well as the obligation to compensate for damage caused in connection with the possession of the Goods, is transferred to the Rentor on the basis of the transfer of the Goods to the Rentor.q
EXPIRY AND TERMINATION OF RENTAL
10.1.The Rental relationship ends upon the return, termination and fulfillment of all obligations of the Order by the Parties.
10.2.The Rentor has the right to terminate the Order by notifying the Rentee in writing via e-mail at least 1 (one) calendar day ahead.
10.3.The Rentee has the right to terminate the Order with the right of returning the Goods, notifying the Rentor in writing via e-mail at least 1 (one) calendar day ahead.
11.1.All notifications between the Parties related to the Order must be presented in writing via e-mail.
11.2.The Rentor has the right to change the conditions of the at any time but the Rentee will have the same conditions as they were on the day of confirming the order.
11.3.Any dispute between the Parties arising from the performance of the order will be solved through negotiations. If the agreement is not reached, the dispute will be settled in Harju County Court.
11.4.The Law of Obligations Act’s provisions will be applied to the Rental Relationship.
11.5.Each personal data which have become known during the placing Order on lapsevali.ee will be addressed as confidential information and will not be shared with third parties. The crypted data communication channel with banks guarantees the safety of personal data and bank requisites of the client. Lapsevali OÜ also does not have access to them.