Additional General Terms and Conditions Homie B.V.
(v5.9, October 2024)
Homie_Additional_general_terms_and_conditions_2024 7 October.docx
Order_Date
All Homie services are subject to the General Terms and Conditions in accordance with the Thuiswinkel Waarborg Certificate. This agreement contains additional terms, obligations and arrangements.
1. Parties
Service provider: Homie B.V., also trading under Homie Pay-Per-Use (hereinafter referred to as "Homie\"), a company registered in the Netherlands with Chamber of Commerce registration number 66592429, established at Wagenmakersweg 3, 3449 HV Woerden, the Netherlands.
Contact details:
phone: 015 – 7601615
email: info@homiepayperuse.com
User: Sell_to_Customer_Name (hereinafter referred to as "User\"), residing at Sell_to_Address], Sell_to_Post_Code, Sell_to_City, the Netherlands.
Contact details:
phone: Phone_No_
e-mail: E_Mail
2. Service offered
Homie provides the User with a properly functioning appliance. Any repairs and replacements are included. The appliance is and remains the property of Homie during and after the term of the subscription.
- 3. Homie's obligations
3.1 To provide the User with a properly functioning appliance. 3.2 Homie aims to deliver the ordered products to the User within a delivery period of five working days. 3.3 Where applicable, Homie will arrange free responsible disposal of an old appliance at the time of delivery of the new appliance, provided the old appliance has been disconnected and is ready for transport at the time of collection. 3.4 Homie will arrange repair or replacement in the event of a defect in the User's Homie appliance. Homie does this entirely free of charge, unless the damage was caused by careless or improper use of the appliance by the User. Once the fault has been reported by the User by email or telephone, Homie will inform the User as soon as possible of the planned corrective measures (repair or replacement). 3.5 Homie arranges standard installation, assuming the required connection facilities are present (such as drainage/supply/electricity). Homie is not responsible for water damage and consequential damage.
- 4. User's obligations
4.1 To provide correct information during the ordering process about the accessibility of the address and the location where the appliance will be installed, and about the availability and accessibility of power, water and drainage. Unexpected additional costs resulting from deviating circumstances on site may be charged by Homie. This will be discussed on-site and decided where possible.
4.2 To be present during the delivery date and the communicated time slot, to be able to identify yourself, to sign for receipt, and to ensure that the location where the appliance is to be installed is easily accessible for the delivery personnel. The space must also be hygienic and safe to enter. If this is not the case, Homie may refuse delivery and terminate the contract immediately. In this case the deposit will be retained.
4.3 To handle the appliance with care and to use the appliance only in accordance with the manufacturer's instructions. The appliance must be clean and undamaged upon receipt and must function properly with all original parts present.
4.4 The User may allow third parties to use the appliance, as long as this concerns neighbours and/or friends. The User bears responsibility for this third-party use. Commercial use of the appliance is not permitted.
4.5 To notify Homie of any malfunctions with the appliance within one week at the latest.
4.6 Not to make or have made any modifications or repairs to an appliance.
4.7 To notify Homie at least one month in advance in the event of relocation. The User moves the appliance themselves and the risk and any costs are borne by the User.
4.8 To grant Homie immediate access to the appliance upon first request, so that Homie can inspect its condition and resolve any problems.
4.9 In the event of theft, to immediately file a report with the police and subsequently immediately provide Homie with a copy of the police report. The User is personally liable for the replacement costs of the appliance including the purchase costs of the appliance.
4.10 To protect the appliance against external causes (for example water or fire damage). The User is liable for the costs Homie must incur to repair or replace the appliance including the purchase costs of the appliance, in the event of such damage during use.
4.11 Not to sell, alienate, rent out or pledge the appliance without written consent from Homie, or to act in any other way contrary to Homie's interests.
4.12 Homie may at any time transfer ownership of the appliance and all rights and obligations under the agreement to third parties.
4.13 To permit Homie to use the collected User data after anonymisation for modelling and research purposes, including in collaboration with Homie's business partners.
5. Rates and other costs
5.1 Homie arranges delivery and installation, any repairs and if necessary, replacement of the appliance.
5.2 The monthly amount is stated in the ordering process on the website, in the confirmation email and in the user account on the website. All prices stated on the website and in the agreement are inclusive of VAT.
5.3 The monthly amounts are structured as follows: For household appliances and products a fixed monthly amount is charged.
5.4 If the User is not at home at the agreed time of a delivery, service visit or collection visit, Homie will charge the User €75.00 for unnecessary logistical costs incurred.
- 6. Invoicing and payment
6.1 The User owes the monthly amount and the one-off costs from the moment the User has concluded the agreement. The first automatic debit of the monthly amount takes place on the installation date. The User pays the monthly amount in advance on this day each month, prior to the applicable month, including any surplus from the preceding month.
6.2 The agreement is dissolved at the moment Homie has received the appliance back. From this moment onwards, subsequent direct debits will cease.
6.3 Payment is made by direct debit, carried out by the third party BUCKAROO B.V. designated by Homie B.V. The User is obliged to ensure sufficient balance in their bank account. This direct debit is authorised by means of the first transaction during the ordering process on the website. If the User does not agree with the monthly debit, the User can have it reversed by contacting their bank in time. If an automatic debit fails or is rejected due to action or inaction of the User (for example if there are insufficient funds in the User's bank account to effect the debit), then Homie may charge the User the costs of the failed debit (regarding costs of the debit processor).
6.4 The deposit is collected by Homie via BUCKAROO B.V. This occurs immediately upon placing an online order, prior to delivery of the Appliance.
6.5 If payment of the monthly amount and/or the one-off costs cannot be made via direct debit, the User is in default by operation of law and the User fails to meet their obligations to Homie. Homie will then request the User to still pay within 14 days. If within 14 days of the payment request referred to in article 6.1 the monthly amount including any additional costs has not been paid by the User, Homie may refer the claim for collection. In that case the User must also pay all extrajudicial and judicial costs. For extrajudicial collection costs Homie adheres to the following guidelines: a maximum of 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500 and 5% on the next €5,000 with a minimum of €40.
6.6 Upon termination of the contract by Homie, all outstanding payments together with any additional costs between the parties will be settled in a final statement.
6.7 In the event of late payment, Homie is entitled to remotely switch off or block the appliance, and to suspend relocation, maintenance and repair.
6.8 In the event that the User fails to comply with the provisions of this agreement, the User is in default and Homie is entitled to terminate the agreement immediately and reclaim the appliance. If Homie deems a visit to the User necessary, Homie may charge the User €75 for logistical costs incurred.
- 7. Subscription period and cancellation
7.1 Homie may assess the creditworthiness of the User and on that basis impose additional conditions or refuse to enter into an agreement with the User, if the User:
Has a negative creditworthiness;
Lives on one of the Wadden Islands;
Is under 18 years of age;
Is not a consumer but acts in the exercise of their profession or business;
Does not have their own wifi internet connection (if required)
Has outstanding invoices with Homie B.V.
Does not (or no longer) meet the conditions included in the Agreement;
Does not have a fixed home address and/or is under guardianship or administration unless the administrator agrees in writing.
7.2 This agreement comes into force as soon as the User has placed an order via the Homie website and Homie has accepted this order.
7.3 The User has the right to withdraw from the agreement with Homie within a period of 14 days without stating reasons. The withdrawal period expires 14 days after the day on which you received the product. The User must contact Homie or use the model withdrawal form (see page 9). The User is only required to pay any costs for the service up to the moment of dissolution. After Homie has installed the appliance, Homie may charge the User any costs incurred for installing the product. If more has been done with the product than necessary to establish the nature, characteristics and functioning of the product, Homie may charge costs. No refund is applicable given that Homie delivered the product free of charge. For the return shipment, the User must return or send back the product at their own expense. The standard procedure is that Homie collects the product, for which €75 return transport costs will be charged to the User.
7.4 The User agrees that Homie may replace the Appliance at any time with a similar product.
7.5 The Agreement is entered into for the definite duration agreed by Homie and User upon entering into the Agreement, in accordance with the conditions of the relevant Subscription. The Agreement ends at the moment the Appliance has been received by Homie.
6+ month subscription
This subscription type has a minimum term of 6 months. After the minimum term has expired, the agreement is automatically renewed for an indefinite period. The notice period is then one month.
In the event of early termination during the minimum term, Homie will charge the User the minimum monthly amounts for the remaining term of the subscription. Collection costs apply to a cancellation within 12 months:
Large household appliances: Homie charges €75 in collection costs when the User has a large household appliance collected within 12 months of delivery.
Small household appliances: For small household appliances (vacuum cleaners, combination microwave ovens) we charge €35 return costs upon cancellation within 12 months.
3+ year subscription
This subscription type has a minimum term of 3 years. After this minimum term has expired, the agreement is automatically renewed for an indefinite period. The notice period is then one month. In the event of early termination during the minimum term, Homie will charge the User the minimum monthly amounts for the remaining term of the agreement.
5+ year subscription
This subscription type has a minimum term of 5 years. After this minimum term has expired, the agreement is automatically renewed for an indefinite period. The notice period is then one month. In the event of early termination during the minimum term, Homie will charge the User the minimum monthly amounts for the remaining term of the agreement.
7.6 After the minimum term, either party may terminate the agreement with a notice period of one month.
7.7 Cancellation by the User is done in writing via the contact form on the website.
7.8 Transferring the Homie appliance to another User is possible when the appliance remains at the same location. Notify Homie (in good time) by email or via the Customer account. The new User can take over the appliance, not the subscription. The new User must place an order on the website. The subscription of the former User will then be cancelled free of charge. Upon transfer of the appliance, any collection costs are waived.
7.9 All conditions and prices in this agreement are guaranteed for a period of at least 12 months after installation of the appliance. Prices may be changed in accordance with the consumer price index and take effect 1 month after notification. Any other price change also takes effect 1 month after announcement. If the User does not accept the revised conditions, the contract will be automatically terminated.
7.10 If the User has not returned the appliance to Homie fully or at all within 14 days of termination of the agreement, Homie will charge the User the replacement value of the appliance and any additional costs incurred. Homie determines this value unilaterally.
7.11 In the event that the User has both an appliance and a Homie Living product, both must always be cancelled and returned at the same time. In the case of a machine transfer to a new resident, this new User must take over all rented products or the current User must return the living product themselves to Homie B.V.
7.12 Homie has the right to terminate the agreement immediately and prematurely, without notice of default and without any obligation to reimburse costs or damages of the User, if:
the User is or threatens to become insolvent;
suspension of payments is granted or the User's bankruptcy is threatened to be filed for;
seizure is made or threatens to be made at the User's location where the appliance is situated;
a request for the application of the debt restructuring scheme for the User has been submitted;
there is non-payment by the User;
the User passes away;
the User no longer resides at their stated home address;
the User is or will be placed under guardianship;
the User has provided incorrect information as a result of which Homie would not have entered into the Agreement (under the same conditions);
the User no longer has the product in their possession. The User notifies Homie within 24 hours if any of the aforementioned situations occurs and immediately informs the administrator, trustee or bailiff of the fact that the appliance is the property of Homie.
7.13 After expiry of the 14-day withdrawal period as referred to in article 7.3, Homie has the right to charge the following costs in the event of early termination during the minimum term:
the (minimum) Monthly amounts for the remaining term of the Agreement;
the replacement value of the appliance if the appliance is not or incompletely returned to Homie within 14 days of termination. Homie determines this value unilaterally.
Model withdrawal form
(Complete and send/email this form when you wish to withdraw from your agreement with Homie B.V.)
To: Homie B.V.
Postal address: Wagenmakersweg 3, 3449 HV Woerden
Email address: info@homiepayperuse.com
I/We* hereby give notice that I/we* withdraw from our agreement concerning the sale of the following product:
- Product: washing machine / dryer / dishwasher / refrigerator / other
namely……………………………………………………..*
- Ordered on [day – month – year]: ……………………………………………………..*
- Name of consumer: …………………………………………………………………………….*
- Address of consumer: …………………………………………………………………………….*
- Email address of consumer: …………………………………………………………………………….*
- Signature (only when this form is submitted by post; no signature required if submitted by email):
…………………………………………………………………………….*
*Delete or provide supplementary information, as applicable
