Terms of service

1. Purpose

These general terms and conditions apply, without limitation or reservation, to all online rentals made by the company EDDY'S ADVENTURE GmbH (hereinafter: "EDDY'S ADVENTURE" or the "Company") through the website https://www.eddysadventure.de/ (hereinafter referred to as: "the Website").

The Website is an e-commerce platform through which private customers (hereinafter referred to as "Users") can rent durable consumer goods (hereinafter referred to as "the Products") (hereinafter referred to as "Services").

The aim is to offer users a new model of use for the products, with a focus on rental rather than direct purchase.

The purpose of these General Terms and Conditions is to establish the terms and conditions for the online rental and delivery of the Products with regard to the rights and obligations of the parties related thereto.

These terms and conditions are accessible via a direct link at the bottom of the website page and can be printed at any time.

The applicable version of the General Terms and Conditions of Sale is the one that can be consulted online through the Website on the day of the User's order, a copy of which will be sent to him with his order confirmation.

These general terms and conditions take precedence over any other general or special terms and conditions not expressly approved by EDDY'S ADVENTURE.

 

1. Company identification and contact details

EDDY'S ADVENTURE is the operator of the website, represented by: EDDY'S ADVENTURE GmbH with registered office at Tannenkampstraße 19, 26131 Oldenburg, Germany.

EDDY'S ADVENTURE can be reached by email at the contact form or by phone at +49 441-35042938.

 

1. Legal capacity and acceptance of the General Terms and Conditions

3.1 Legal capacity

The website can be reached by:

- Any natural person who has full legal capacity and is willing to enter into an obligation under the provisions of these General Terms and Conditions. A natural person who does not have the corresponding full legal capacity may only access the Website with the consent of his legal representative.

- Any artificial person who acts as a natural person and has the legal capacity to enter into a contractual relationship in the name and on behalf of the artificial person.

3.2 Acceptance of the General Terms and Conditions

The acceptance of these General Terms and Conditions by the User is formally confirmed by a tick in the order form. This acceptance can only be complete.  Any conditional acceptance will be considered null and void.  Any User who does not agree to be bound by these Terms and Conditions may not place an order on the Website.

 

1. Product Features

Before placing an online order, the user must familiarize himself with the characteristics of each product he wishes to order on the website.

The products are proposed for online rental, subject to available stock.

The User is informed and agrees that the ordered Product is rented "as is" and that it may have been rented before.

Deviations from the photos and descriptions of the products proposed for online rental are possible.

The User is informed and agrees that the Product rented and delivered to the User does not correspond to the exact Product model photographed and presented on the Website at the time of ordering.

 

1. Orders

5.1 Placing an order

Any user can place an order for one or more products without first registering on the website.

To place an order, in the case of items marked as rental products, the user must select the selected rental period, then select the product of their choice and add it to their shopping cart. In the case of purchased products, there is no choice of rental period and the item is selected directly in the shopping cart.

He can consult a summary of the shopping cart at any time until the order has been confirmed and correct any errors in the information entered.

The order is considered to have been received by EDDY'S ADVENTURE when the company has access to it.

When placing an order, the user is asked to provide their contact details for delivery and billing purposes. He must fill in all the fields marked as mandatory in the form provided for this purpose. Orders that do not contain all the required information cannot be confirmed.

The User confirms that the information provided by him in the order form is correct, up-to-date, truthful and in no way misleading.

He is informed and accepts that this information constitutes proof of his identity and is binding on him after confirmation.

5.2 Order Confirmations

After completing the order, the user will receive an order confirmation email that:

• lists the items in the order and the estimated delivery date,
• the general terms and conditions in force on the day of the order,
• as well as the invoice for the order.

The User must ensure that the contact details provided when placing the order are correct and that they are sufficient for the order confirmation e-mail to be delivered correctly. If they do not receive the email, the User must contact EDDY'S ADVENTURE using the contact details provided for in Article 2.

EDDY'S ADVENTURE recommends that the user carefully store the information contained in the order confirmation.

The order confirmation is considered to have been received by the user when he or she can access it.

 

1. Prices and Terms of Payment

6.1 Prices

The rental prices for the products are displayed on the website. This is in euros including VAT.

EDDY'S ADVENTURE reserves the right to propose promotional offers or price reductions at its sole discretion and under conditions in which the company is solely involved.

The prices do not include shipping costs, which may be incurred for the delivery of the products and will be invoiced as a surcharge. The shipping costs incurred are displayed before the user confirms the order.

The applicable price is the one displayed on the Website at the time of booking the User's order.

6.2 Payment Terms

The total rental price for the Product selected by the User is payable at the time of ordering for a one-time rental.

The terms and conditions for concluding a rental agreement for a product and the financial conditions associated with it are described on the Website and are made available to the User before placing an order.

In any case, the user will be informed of a payment to EDDY'S ADVENTURE. The User undertakes to make a payment to EDDY'S ADVENTURE when entering into an agreement for the rental in question. The price will be displayed on the website at the time of ordering.

All shipping costs are displayed on the website.

Payment is made online:

• by credit card using the secure online payment service indicated on the Website
• or by any other means proposed on the Website at the time of ordering.

The User assures EDDY'S ADVENTURE that he/she has the necessary authorizations to use the chosen means of payment.

EDDY'S ADVENTURE reserves the right to block or cancel an order and/or delivery in the event of non-payment of an amount payable by the User, in the event of non-payment or in the event of fraud or attempted fraud in relation to the use of the Website.

 

6.3 Invoicing

The invoice will be sent to the user by e-mail. On request, we will also be happy to send you a printed invoice by post.

 

1. Delivery

7.1 Shipping Methods

The Products ordered on the Website will be shipped to the address indicated in the User's order as the "delivery address" (which may differ from the billing address) - which, unless expressly agreed otherwise between the parties in accordance with the provisions of Article 7.1, may only be located in one of the countries specified in the article.

The User will be informed of the possible delivery methods for the ordered product and of the delivery times and costs before confirming their order.

The user must select the desired delivery method and provide all the necessary information to enable effective delivery of the product through this method.

7.2 Delivery dates/delivery times

For each product proposed for rental, the Website mentions the delivery times, which are provided for information purposes only, according to the geographical area selected by the User and the delivery methods selected by the User.

The actual delivery date will be confirmed to the user in the order confirmation email.

If the delivery does not take place within the above-mentioned lead time, the user can cancel the order in writing by e-mail.

The contract is considered cancelled when EDDY'S ADVENTURE receives the letter or other written article informing of this cancellation. Unless EDDY'S ADVENTURE has fulfilled the obligations in the meantime.

If the contract is terminated in accordance with the above conditions, the User will receive a refund for all amounts paid, including delivery costs. The refund will be made within 14 days from the day the contract was terminated.

EDDY'S ADVENTURE reserves the right to contact the user in any case to propose alternative solutions for the refund of the rental price of the products and delivery costs. The User must clearly express their agreement to choose an alternative refund method on a durable medium.

7.3 Conditions for returning products

The User must return the rented Product and the accompanying shipping packaging to EDDY'S ADVENTURE in accordance with the terms and conditions indicated on the Website at the time of the order.

If the product is not returned within a maximum of 2 working days after the end of the rental period, the user will be charged the daily rental rate for the previously rented equipment until the products arrive back at Eddy's Adventure.

The products must be returned in the designated shipping package that the user received from Eddy's Adventure. This shipping packaging provides the necessary protection for the products. If the User uses a different shipping packaging and the Products are damaged as a result, the User may be required to pay damages in the amount of the replacement value of the Products.

 

1. Right of withdrawal

Users have a right of withdrawal up to seven working days before the start of the rental period. They can exercise this right by contacting customer service through the website's contact form. The form must be duly completed and should be sent before the above deadline. The request will be sent automatically to the contact details specified in Article 2.

As an exception to the previous paragraph, Users are expressly informed and accept that certain services may commence before the expiry of the aforementioned withdrawal period, bzw.in certain cases, the rented product may also be delivered to them before the end of the said period.

Consequently, any User who decides to exercise their right of withdrawal if the Product has already been delivered to them at their express request before the expiry of the withdrawal period must pay EDDY'S ADVENTURE an amount corresponding to the service provided up to the time of notification of their withdrawal decision, this amount being offset against the total rental price agreed at the time.

The Products must be sent in their original packaging (shipping bag) without undue delay, but no later than within 14 calendar days from the date of notification of the User's wish to withdraw from the Rental Agreement. The user will be held liable if the products are damaged during their return to EDDY'S ADVENTURE.

The User will receive the refund as soon as possible, but no later than 14 days from the date on which EDDY'S ADVENTURE actually received the withdrawal request. The refund will be made for the full amount paid by the User for their rental equipment, after deduction of the return shipping costs, if applicable, which will be borne by the User. However, EDDY'S ADVENTURE reserves the right to postpone this payment until the products have actually been properly processed.

 

1. Legal guarantees

The User benefits from the legal guarantees against non-compliance and hidden defects of the rented items, including conformity-related defects resulting from the packaging of the product ordered through the Site.

If the User determines that the Product suffers from a defect, a conformity problem or is damaged for him, he/she must inform EDDY'S ADVENTURE by using the contact details in Article 2 of this Agreement, which indicates the nature of the defect, non-conformity or damage found and provides all appropriate evidence, including in the form of photographs,  be communicated.

EDDY'S ADVENTURE will organize the return and inform the User by all appropriate means. EDDY'S ADVENTURE will cover the costs of the return transport.

The products must be returned to EDDY'S ADVENTURE in their original packaging.

Product returns that do not meet the above criteria will not be considered.

EDDY'S ADVENTURE will carry out the necessary checks and suggest replacing the product if possible. If the replacement of the Product is not possible, EDDY'S ADVENTURE will refund the User the full price paid for the rental of the Products and the corresponding delivery costs by all appropriate means, as soon as it is possible at the time. No later than 14 days from the date on which EDDY'S ADVENTURE informed him that it was impossible to replace the product.

 

1. Obligations of Users

Users are solely responsible for their use of the Products. It is their responsibility to verify the suitability of the products for their specific requirements before renting the said products.

You will also be informed and accept that the rented product is not in "like-new" condition and that it has been cleaned and refurbished prior to rental.

To use the rented items with care only according to their function and conditions of use.

 

Users also agree to the following terms:

• The rented equipment must be protected from open fires. Damage caused by fire, flying sparks and ash is not damage in the context of normal wear and tear.
• Insect spray and sunscreen can cause lasting damage to the fabrics of the equipment (e.g. tent fabric) and must therefore not come into contact with the equipment.
• For tents, to protect the inner tent floor from sharp rocks and objects, use a footprint supplied by Eddy's Adventure. If the tent underlay is not used and the tent floor is damaged by this circumstance, the user/customer will be charged for the damage in part or in full.
• Sleeping mats and sleeping bags can be damaged by sharp stones or objects and must therefore only be used on soft ground or in a tent.
• Mould growth causes lasting damage to the products, so that they can no longer be rented out. To avoid this, the rented equipment must be packed absolutely dry. This also applies in particular to the return shipment to Eddy's Adventure.
• The equipment must not be washed with detergent or dry cleaned, otherwise the products may be damaged. It can only be cleaned of coarse dirt and must be packed dry.
• The equipment must not be washed in a washing machine.
• Drying the equipment using a spin dryer or tumble dryer can damage materials and is therefore not permitted.
• Disclosure to third parties is not permitted.

Users also agree to the following terms and conditions:

• To provide EDDY'S ADVENTURE with its valid information about your last name, first name, postal address, telephone number and email address;
• that they will not acquire any ownership rights in the product;
• not to sublet the Product or transfer its rights and obligations under the terms of these Terms and Conditions to any third party;
• use the product responsibly and for its intended purpose,
• return the product within the period indicated on the website at the time of the order, but no later than 2 working days after the end of the rental period.
• keep the product in good condition;
• return the product in the condition in which it was issued to them;
• use the product for personal use only.

 

1. Liability of the Company

11.1 EDDY'S ADVENTURE undertakes to carry out regular checks to verify the operation and access to the Website. To this end, EDDY'S ADVENTURE reserves the right to temporarily suspend access to the website for maintenance reasons.  Likewise, EDDY'S ADVENTURE cannot be held liable for any difficulty in accessing or inability to access the Website due to circumstances beyond its control, force majeure or any other problems with telecommunications networks.

11.2 EDDY'S ADVENTURE does not warrant to the User that the Products will be suitable for their requirements, expectations and limitations.

11.3 The contractual and statutory liability of EDDY'S ADVENTURE for damages for slight negligence, regardless of the legal grounds, is limited as follows:

In the event of a breach of essential obligations arising from the contractual relationship, EDDY'S ADVENTURE shall be liable in the amount limited to the foreseeable damages typical for the contract;

EDDY'S ADVENTURE is not liable for breach of non-material obligations arising from the contractual relationship or for slight negligence in other respects.

11.4 The aforementioned limitations of liability do not apply in cases of mandatory statutory liability (in particular under the Product Liability Act) or in the case of culpably caused bodily injury. In addition, they do not apply if and to the extent that EDDY'S ADVENTURE has assumed a warranty.

11.5 Paragraphs 11.3 and 11.4 shall apply mutatis mutandis to EDDY'S ADVENTURE'S liability for futile expenses.

11.6 In all circumstances, the liability that EDDY'S ADVENTURE may incur under this Agreement shall be limited to the direct losses incurred by the User.

 

1. Obligations of the User in the event of loss and/or damage

12.1 In particular, the User is obliged to:

(a) to avert and mitigate any damage and/or loss as far as possible;

(b) inform EDDY'S ADVENTURE immediately, but no later than upon return of the EDDY'S ADVENTURE Rental Product, of any loss or damage to the EDDY'S ADVENTURE Rental Product, including the reasons and circumstances thereof, to the extent that it is aware of them.

(c) to assert claims for compensation against third parties (e.g. rail, post office, shipping company, airline) in due form and within the deadline or to secure them in any other way;

(d) to do everything that may be useful for clarifying the facts of the case;

(e) to provide EDDY'S ADVENTURE without undue delay with all receipts proving the claim for compensation against the insurance company in terms of reason and amount, insofar as the user can reasonably be expected to obtain them,

(f) to report any damage or loss caused by criminal acts (e.g. theft, robbery, intentional damage to property) immediately to the appropriate police station, submitting a list of all affected EDDY'S ADVENTURE rental products and to provide EDDY'S ADVENTURE with a copy of the report without delay; or

(g) to make enquiries at the lost property office in the event of damage caused by loss.

 

1. Intellectual Property Rights

The systems, software, structures, infrastructure, databases and contents of all forms (texts, images, graphics, music, logos, brands and trademarks, databases, etc.) used by EDDY'S ADVENTURE on the website are protected by all applicable intellectual property rights or database producers. Any disassembly, decompilation, decryption, extraction, reuse, duplication or, in general, any reproduction, representation, distribution and use of any of these factors, whether in whole or in part, without the consent of EDDY'S ADVENTURE is strictly prohibited and may give rise to legal action.

 

1. Personal data

EDDY'S ADVENTURE implements a policy on the protection of personal data, the details of which are explained in the document entitled "Data Protection", with which the user must expressly familiarize himself.

 

1. Prohibited Conduct

15.1 The following is strictly prohibited:

• any conduct that is likely to interrupt, suspend, slow down or impede the proper working of the Website,
• Intruders or attempted intrusions into EDDY'S ADVENTURE's systems,
• misuse or misappropriation of the Site's resources,
• Acts that are likely to disproportionately overload the infrastructure of the website,
• any attempt to circumvent security or use authentication measures,
• any action that is likely to affect the rights and financial, business or moral interests of EDDY'S ADVENTURE or the users of the Website,
• any practices that affect the use of the website for purposes other than those for which it was designed and, finally, more generally
• any failure to comply with these Terms and Conditions or applicable laws and regulations.

15.2 Likewise, it is strictly prohibited to trade, rent, sell or assign, in whole or in part, access to the Website and the information contained therein.

15.3 In the event of a breach of any of the provisions of this article or, more generally, of a breach of laws and regulations, EDDY'S ADVENTURE reserves the right to take all appropriate measures and to take legal action.

 

1. Changes

EDDY'S ADVENTURE reserves the right to amend these Terms and Conditions at any time. In this case, the conditions in force will apply on the day on which the User places their order.

 

1. Language

If these Terms and Conditions are translated into one or more languages, the language used to interpret the Terms shall be the English language in the event of any contradiction or dispute regarding the meaning of a term or provision.

 

1. Mediation

The User has the right to invoke the European Commission's online dispute resolution platform free of charge: http://ec.europa.eu/consumers/odr/ for the amicable settlement of disputes with EDDY'S ADVENTURE regarding the performance of this Agreement.

 

1. Applicable law and jurisdiction

These General Terms and Conditions are subject to German law.

The exclusive place of jurisdiction in the event of disputes about the validity, interpretation and/or fulfilment of these General Terms and Conditions is the state court responsible for our registered office in Oldenburg (Oldenburg).