Terms and conditions

All offers, contracts and deliveries of DESIGN4RENT (hereinafter lessor) are solely conducted under the following terms and conditions which are after due notice accepted and by placing an order expressly confirmed in writing by the contract partner (hereinafter client) Any deviations from these terms and conditions shall only be binding when agreed upon in writing. Contradicting and/or colliding terms and conditions of lessee are not accepted. Should individual clauses of these terms and conditions become ineffective, then the invalid clause shall be replaced with the respective norm of the applicable to the respective law of the invoicing DESIGN4RENT company. This shall not affect the validity of the remaining provisions.
All material fotos, designs, texts and advertising are property of DESIGN4RENT ITALY - Chilli S.r.l. The material of the site may be viewed online or downloaded but it remains property of DESIGN4RENT ITALY - Chilli S.r.l. and may not be used by other parties for commercial purposes,published in magazines or on websites,or copied on cd's without previous consent from DESIGN4RENT ITALY - Chilli S.r.l.
The scope of supply and services shall be deemed to be stipulated in the written offer by lessor. The scope and the extent of the lease shall be agreed upon by placing an order in writing and returning the written offer of lessor signed and stamped by the client. Any prior undertakings are thereby rescinded. Oral undertakings and subsidiary agreements are in general non committal. Any alterations and amendments are only legally binding if expressly consented to and confirmed in writing. Catalogues and the internet pages of lessor are non binding.
The objects of the respective lease are only provided for the duration and the purpose stipulated in the respective lease agreement. The proprietary in all the objects of a respective lease agreement remains at all times with lessor. The application of advertising material on the leased objects is only allowed after both consultation with and consent of lessor.
Vis maior, collective actions, riots, official measures and miscellaneous unpredictable and inevitable events exempt lessor for the duration and in the extent of the interference of his contractual obligations. This applies also if the above mentioned events occur when lessor is behind schedule. In such cases both contracting parties commit to adapt theirs respective agreements on the basis of the principle of utmost good faith.
Lessor is obliged to supply leased objects of average kind and quality, i.e. the leased object is not new and the client declares not only to be aware thereof but also to expressly accept it and is therefore waiving any exceptions in this respect. Lessor is entitled to exchange ordered leased objects with equivalent or superior leased objects in case lessor is, due to what reason ever, unable to supply the leased object or material (in general furniture, light elements and decoration items).
In case of duly notified defects (see paragraph 3) as well as in case of ascertained defects of the objects of delivery lessor shall either mend or replace the respective objects of the delivery. Multiple attempts to mend are admissible. In case no attempts to mend the defective objects of delivery are taken in due time or the replacement delivery is defective as well, lessee is entitled to demand a reduction of the respective rent. Excluded from the obligation to mend or replace the objects of the lease are all defects and damages that are the result of natural and operational wear and tear, improper use, operating error, negligent conduct of the client, incorrect assembly, non-observance of the assembly and connection instructions or changes on the delivered leased object. Notices of defects of leased objects, wrong delivery or quantity variance shall – as long as they are instantly detectable upon delivery by reasonable examination – immediately be effected by the client to lessor in writing, at the latest within a period of 8 (eight) days. After expiry of the eight-days-period and no notification in due time the respective delivery shall be deemed approved.
The delivery shall be ex storage. In case the client wants delivery/pickup at/from an address stipulated by himself, lessor shall offer the respective shipping costs in writing in advance. Shipments shall in principle be for the client’s account and risks, i.e. in case of delays caused by vis major, blockade of transport, atmospheric incidents or natural disaster the client is unable to claim compensation from lessor.
Assembly and dismantling are additional services which are in advance separately offered by lessor in the written offer. Additional costs of lessor’s man power due to stand-by time caused by the client or other suppliers of the client will be charged to the client based upon a detailed list of hours worked.
Either the client or a representative appointed by the client shall be present at delivery and pickup of the material. In case neither client nor his representative are present at delivery, the leased objects shall be – if procurable – left at the stipulated place of delivery. In this case the client acknowledges that the delivery is complete and duly made.
The client is obliged to return the leased object after the expiry of the respective stipulated lease duration in the same condition as delivered save damages resulting form normal and contractually stipulated wear and tear. If pick-up by lessor is agreed upon, the client is after expiry of the stipulated lease duration obliged to keep the leased object ready for pick-up. Otherwise lessor is entitled to charge the client for stand-by time and/or additional rent.
In case the client does not return the leased object after the expiry of the lease duration, the client shall pay a compensation fee for each commencing rental unit until pick-up in the amount of the stipulated rent. Lessor is entitled to assert compensation in the amount of the catalogue-price of the not-returned leased object if the client despite respite does not comply with his returning obligation.
The client acknowledges that in case of delivery of a multitude of components and that inspection is impossible at pick-up, the final count and inspection is conducted at the storage of lessor. The lessor ensures that during the time commencing with the pick-up of the leased objects until final count at lessor’s storage no losses or damages occur.
The client is for the duration of the respective lease agreement obliged to treat the leased object duly and properly and to use it only as stipulated in the respective lease agreement.
The client is obliged during the lease duration to ensure that the proprietary of lessor is not damaged by third parties or otherwise prejudiced. The client is obliged to inform third parties who intent to interfere, in particular to seize the leased object that it is in the proprietary of lessor. The client is obliged to immediately notify damages or any other miscellaneous impairments of the leased object and is not allowed save express prior written consent of lessor to repair the damaged leased object by himself or by third parties.
The client is obliged to properly insure the leased objects. At the request of the client the leased objects shall be insured at client’s costs against theft, damage in transit, fire loss, water damage as well as miscellaneous risks inasmuch as this corresponds with the respective insurance requirements. A copy of the insurance policy shall be available. In case the leased objected are insured by lessor, the client is obliged in case of theft, loss, demise, damage or any other prejudice to immediately upon determination thereof inform the competent police authorities and within 24 hours lessor in writing. Any breach of this obligations leads to the loss of the insurance coverage and shall make the client liable for the incurred damage.
The client is liable for all damages, in particular, but not exclusively for those which result from improper use, operating error, negligent behaviour of the client, incorrect assembly, non-observance of the assembly and connection instructions or changes on the delivered leased object The client is obliged to make good the damages to goods and/or persons caused by the use of the leased objects either by concluding an own separate insurance policy (third party liability) or by being personally liable and in this regard indemnifies lessor. The client is oblige to reimburse lessor the repairing charges in case of mendable damage. In case the leased object can not be mended or is lost the client is obliged to effect to lessor the “Value of Insurance/Versicherungswert” issued on the internet page www.design4rent.com. This regardless whether the damage or loss of the leased object was caused by the client or a third party. Lessor is entitled to request that client transfers all claims of damages against third parties to lessor.
Lessor is liable only for damages caused by gross negligent or intent. Any claim of damages based on slight negligent of lessor is excluded. Both intent and gross negligent of lessor has to be proven by the client. In any case, claims of damages by the client only comprise actual damage, not consequential loss and lost profit. Furthermore any liability of lessor shall be limited to the double amount of the lease price (in case of transport and other services the respective price stipulated therefore in the offer of lessor).
Invoices are to be paid accordingly to the payment periods stipulated in both offer and invoice. In case prepayment or instalments prior delivery are stipulated lessor is without any additional reminder entitled not to delivery or prior to the stipulated pick-up date pick up the leased object if the client is not or not duly complying with his payment obligation. In such a case no claim for damages can be deduced by the client. If necessary, lessor is entitled to charge an appropriate deposit for the leased objects. In case of a prospect lessor is entitled to deliver only against prepayment.
The client is entitled to terminate the lease agreement after reservation and before commencement of the lease duration. In this case the client is obliged to pay 50% of the net rent plus VAT, if termination is effected in less than 30 days before commencement of the lease duration. If the client terminates the respective lease agreement within less than 14 days before the commencement of the lease duration, the client is obliged to pay 100% of the net rent plus VAT. The provision set out above applies also to all additional services, transport, man power all of which are included in the written offer of lessor.
All lease prices are in Euro, net-prices excluding transport, assembly and dismantling.