Terms and conditions rental loan phone
Between the entrepreneur and the customer, it is agreed that the customer will rent a loan phone from the entrepreneur during the duration of their own phone repair, according to the following terms and conditions:
Table of contents:
Article 1 - Definitions
Article 2 - Terms and Conditions for Renting a Loan Phone
Article 3 - Conditions Regarding Shipment between the Entrepreneur and the Customer
Article 4 - Other Provisions
Article 1 - Definitions
- Entrepreneur: Overnight Telecom.nl (part of Overnight Projects, Hoofdstraat 14, 4564 AP Sint Jansteen, Chamber of Commerce number: 68550340, VAT identification number: NL002236988B16)
- Customer: The individual (already a customer of the entrepreneur) who has rented a loan phone from the entrepreneur.
- Own Phone: The phone that the customer previously purchased from the entrepreneur, which is currently defective and requires repair.
- Loan Phone: The phone that the customer rents from the entrepreneur during the repair period, for which this agreement is established. This phone is fully functional, but it may not meet the same quality or have the same features as the customer's own phone. Additionally, it may have minor damages. It is intended to bridge the repair period.
- Base Price of Loan Phone: When renting a loan phone, the base price of this phone, including accessories, is stated in the product description on the website.
Article 2 - Terms and Conditions for Renting a Loan Phone
- After approval by the entrepreneur for sending a loan phone to the customer, the customer will receive the following by mail:
- The loan phone;
- Protective case/cover;
- Pre-applied screen protector;
- USB charger and USB charging cable;
- SIM ejector tool;
- A return envelope to package the own phone and a return envelope to package the loan phone later;
- A shipping label to send the return envelope with the own phone via PostNL. This shipping label is valid for 1 week (7 calendar days). And also a shipping label to return the loan phone afterwards (also valid for 1 week (7 calendar days)).
- The customer agrees to use the loan phone carefully and protect it against damage.
- The customer is fully responsible for any damage to the loan phone, except in the case of normal wear and tear or pre-existing damage.
- The costs for repairing or replacing any damage or loss to the loan phone - and accessories - will be assessed by the entrepreneur, the manufacturer, or a third-party repair company (such as ThePhoneLab) and will be charged to the customer. The customer enters into a payment obligation to pay these costs to the entrepreneur.
- The customer receives the loan phone before sending the own phone to the entrepreneur for repair (or as otherwise agreed). The customer can choose to transfer the data from the own phone to the loan phone or store it elsewhere.
- The customer must send the own phone to the entrepreneur within 1 week (7 calendar days) after receiving the loan phone, using the shipping label provided by the entrepreneur.
- The customer will receive the own phone back after the repair period and can choose to transfer the data from the loan phone (back) to the own phone or store it elsewhere.
- The customer must send the loan phone to the entrepreneur within 1 week (7 calendar days) after receiving the own phone, using the shipping label provided by the entrepreneur.
- After repair (or as otherwise agreed), the customer will be notified by the entrepreneur via the email address known to the entrepreneur that the own phone will be returned to the customer.
- For the customer's privacy, the customer must restore both the own phone and the loan phone to factory settings, thereby permanently deleting all data, before sending them (back) to the entrepreneur.
- The customer agrees not to use the loan phone for illegal activities.
- If the customer fails to return the loan phone to the entrepreneur within 1 week (7 calendar days) after receiving the own phone, the customer enters into a payment obligation to pay the base price of the loan phone - including accessories - to the entrepreneur. This value may vary per loan phone and is stated in the product description under the name "base price of the loan phone" on the entrepreneur's webshop.
Article 3 - Conditions Regarding Shipment between the Entrepreneur and the Customer
Both the own phone and the loan phone need to be shipped between the entrepreneur and the customer. The following conditions apply:
- The loan phone will always be shipped in full - including accessories (see Article 1, section a).
- When sending the loan phone and the own phone from the entrepreneur to the customer, a PostNL label and shipping envelope are included for the customer to use to send the own phone (after receiving the loan phone) or the loan phone (after receiving the own phone) back to the entrepreneur.
- A phone is only shipped via PostNL and is always sent with registered (insured up to 500 euros) or insured (insured up to 5000 euros) shipping, depending on the value of the phone.
- No other accessories need to be sent to the entrepreneur. This includes no eSIM/SIM cards, SD cards, or cases. A screen protector may remain on the phone. The entrepreneur is not liable for the loss of accessories in any case.
- The customer must ensure that both the own phone and the loan phone are properly packaged before sending them to the entrepreneur. The customer is responsible for damage during shipping due to insufficient or careless packaging. Use additional padding material if needed to protect the phone adequately. A loose phone without additional protection in a shipping envelope is not considered sufficient packaging: the phone itself must also be protected within the envelope with additional padding material.
- Likewise, the entrepreneur is also responsible for adequately and carefully packaging the loan phone and the own phone when sending them to the customer.
- The entrepreneur will ship the loan phone and the own phone to the same delivery address provided by the customer when ordering (renting) the loan phone.
Article 4 - Other Provisions
Furthermore, the following provisions apply:
- The entrepreneur reserves the right to reclaim the loan phone at any time if the customer does not comply with the terms and conditions.
- The entrepreneur is not liable in any case for the loss of data on the own phone and the loan phone.
- By purchasing (renting) a loan phone, the customer agrees to these terms and conditions.
- The customer must be 18 years of age or older.
- By signing this agreement, the customer agrees to the General Terms and Conditions of the entrepreneur, which can be found at https://overnighttelecom.nl/en/pages/algemene-voorwaarden