Terms and conditions

Terms and conditions – Wedio Subscription 

These Terms and Conditions ("Terms and Conditions") apply to every Wedio Subscription order you make from 01.01.2020 and ahead. If you have any questions or do not want to accept the terms and conditions, our customer service is always happy to help you by phone on +45 23 44 04 77 or by e-mail at subscription@wedio.com.

 

1. Scope of Application

These Terms and Conditions apply to all subscription agreements, which are concluded regarding services provided at www.subscription.wedio.com, (hereafter “website"). The customer's contractual partner is subject to the subscribed goods:

 

Wedio ApS

Nørre Allé 70A, 1.

8000 Aarhus, Denmark

VAT Identification Number: DK39462419

Hereafter "Wedio”

 

Customers will be informed of the contracting party (Wedio) via e-mail in text form. Wedio will be the "provider" within the meaning of these terms and conditions. Some clauses only apply to you if you are a consumer (“B2C”) or entrepreneur (“B2B”). You are a consumer if you use the service for purposes neither mainly associated with your commercial activities nor mainly associated with your self-employment. An entrepreneur is a natural person, legal entity or partnership, which or who acts within their commercial activities or their self-employment when concluding this contract. The provider expressly makes clear any limitation of applicability of the respective clause.

The agreements made between the provider and the customer result exclusively from the following Terms and Conditions, the Privacy Policy, and the subscription and purchase confirmation. Deviating or supplementary regulations of the customer do not apply. They do not apply even if the provider does not explicitly object to them.

The contract language is English. The Terms and Conditions may be displayed and saved as a PDF here. The customer is also entitled to print the Terms and Conditions.

 

2. Subject of the Contract

This contract regulates the subscription as well as the subsequent possible purchase of new and used goods (hereafter "goods") via the website.

The hiring can also take place through the intermediary of a stationary dealer used by the provider as a distribution partner (hereinafter "cooperation partner"). Via the platform the customer selects the product(s) available from the cooperation partner and makes a subscription request.

 

3. Conclusion of the Subscription Contract, Dispatch of the Goods

a. Conclusion of contract

(i) When ordering through the website:

(a) Order:

The presentation of the goods on the website is non-binding, i.e. they do not constitute a binding offer to conclude a subscription agreement. The customer can only place an order if they are accepted by Wedio.

The order process leading to the contract includes the following steps:

  1. Selection of the goods in the desired specification (type of object, duration of contract / frequency of payments, as well as the size and color of the object, where applicable)
  2. Putting the goods in the cart
  3. Entering the billing and delivery address
  4. Confirmation by the client that no insolvency proceedings have been opened, have been initiated or are imminent in the foreseeable future (if requested).
  5. Customer select recurring payment through Stripe 

The customer only submits a binding offer to conclude a contract by clicking on the button “Confirm Order”. Before, the details of the customer's order are displayed on an overview or by e-mail. The customer can correct the entries and the goods in the cart. With the order of the goods the customer will receive a non-binding confirmation of the subscription inquiry. Upon successful completion of the order by checking out and providing payment details, the customer receives an e-mail from the provider of the selected goods, hereafter "order confirmation". The order confirmation will be sent by Wedio - subject to the provider of the goods - in his/her own name. Upon receipt of this order confirmation the subscription agreement is concluded.

 

(b) Order renewal:

Customer may renew current orders with effect from the beginning of the next full month of the contract period. The offer to renew is non-binding, i.e. it does not constitute a binding offer to extend the subscription contract. The order process leading to the contract includes the following steps:

 

  1. Selection of the corresponding goods in the customer account
  2. Check out and confirm the order

 

The customer only submits a binding offer to conclude a contract by clicking on the button “Confirm Order”. Before, the details of the customer's order are displayed on an overview or by e-mail. The customer can correct the entries and the goods in the cart. With the order of the goods the customer will receive a non-binding confirmation of the subscription inquiry. Upon successful completion of the order by checking out and providing payment details, the customer receives an e-mail from the provider of the selected goods, hereafter "order confirmation". The order confirmation will be sent by Wedio - subject to the provider of the goods - in his/her own name. Upon receipt of this order confirmation the subscription agreement is concluded.

 

(ii.) When ordering through a cooperation partner:

The presentation of the goods in the distribution portal is non-binding, i.e. they do not constitute a binding offer to conclude a rental agreement. The customer may be registered for the order by the cooperation partner or, if he is already registered, place an order as a registered customer.

 

The order process leading to the contract includes the following steps:

Selection of the goods in the desired specification (type of object, duration of contract / frequency of payments, as well as the size and color of the object, where applicable) with the help of the cooperation partner via the platform.

Customer sends a rental subscription request via the platform

The cooperation partner accept the request

The customer signs a binding contract and checkout

 

The customer only submits a binding offer to conclude a contract by clicking on the button “Confirm Order". Before, the details of the customer's order are displayed on an overview. The customer can correct the entries by using the change buttons. With the order of the goods the customer receives a non-binding confirmation of the rental inquiry. Upon successful completion of the order, the customer receives an e-mail from the provider accepting the rent of the selected goods (hereafter "order confirmation") by e-mail. A rental agreement is concluded as with the order via the website (see section 3.a. (i.)) upon receipt of the order form.

 

b. Customer and access data

The customer assures that all data provided by him during registration or order (e.g. name, address, e-mail address, bank details, VAT-ID) are correct and that he has not used any data from third parties. The customer undertakes to inform the provider immediately of any changes to the data. The customer is liable for the misuse of the access data by third parties, insofar as he is responsible for this. This may also result in him being obliged to pay usage fees for goods that he has not ordered himself.

For the personal data of the user collected during registration, our Privacy Policy applies.

 

With the order the provider enters into contractual relationships only with persons of legal age who are fully contractually capable. We ensure the minimum age by using a reliable procedure including a personal identity and age check. Orders can also be made by a legal entity or partnership. The registration of a legal entity or partnership as a customer may only be carried out by a natural person who is authorized to represent or a person authorised by the representing person, who has to be named, hereinafter referred to as "authorized representative".

 

c. Shipping or delivery of the goods:

(i.) When ordering through the website:

If the goods are ordered via the website, the goods will not be sent until the customer has paid the first month's rent. As long as the condition of the successful first payment is not fulfilled, the provider is entitled to retain the goods. No usage fee is payable for the period between dispatch of the goods and their delivery to the customer (see clause 7.). The rent against payment does not begin until the goods have been delivered to the customer.

(ii.) When ordering through a cooperation partner:

If the goods are ordered through the intermediary of a cooperation partner, the goods are handed over to the customer by the cooperation partner after conclusion of the contract and payment of the first monthly rent. In the case of corporate customers, the delivery is made exclusively to the authorized representative. Upon delivery of the goods the rent against payment begins.

 

4. Purchase of the rental object

Where offered by Wedio, the customer may have, upon conclusion of the Rental Agreement, the right granted by Wedio to purchase the goods through the website at a later date, hereinafter referred to as "Purchase Option".

 

a. Purchase price:

The purchase price results from the presentation of the offer in the subscription contract. The price is understood as gross price including the statutory value added tax valid at the time of the order. The shipping costs are calculated separately. If the customer makes use of the purchase option, the rent paid by the customer until the exercise of the purchase option leads to a partial deduction of the purchase price, as stated in the offer presentation.

 

b. Conclusion of the purchase contract:

The customer makes a binding offer to conclude a purchase contract for the goods only by clicking the “Pay now“ button. Before, the details of the customer's order are displayed on an overview. The customer can correct the entries with the help of change buttons. Upon successful completion of the order, the customer receives an e-mail from the provider confirming the purchase of the selected goods (hereafter "confirmation of purchase"). The confirmation of purchase will be sent by Wedio Group - subject to the provider of the goods - in his own name or on behalf of Wedio Finance I or Wedio Finance II. Upon receipt of this purchase confirmation, the purchase contract is concluded between customer and provider.

 

c. Terms of payment and delivery:

The customer is obliged to pay in advance, whereby only the payment methods mentioned in section 10, paragraph 1 are available to him. Payment is due immediately after conclusion of the purchase contract. The terms of delivery stated in section 7 of these Terms of Use shall apply.

 

5. Right of Withdrawal

If the customer is a consumer and has rented the goods through the website (clause 3.a. (i)) or purchased (clause 4), he is entitled to withdraw from his contractual declaration following the general legal rights at forbrug.

Information about the conditions of the exercise of the withdrawal of rent and purchase and its legal consequences are provided in the separate instruction on withdrawal that is hereby referred to. If the customer withdraws from the purchase contract, he does not have to send the goods back to the provider contrary to the information in the instruction on withdrawal, under the condition that he rents the goods. In the event of withdrawal by the customer, the provider, when repaying the amount due to you, reserves the right to use a different method of payment than the one the customer used.

6. Rental Start, Contract Period, Termination

If the customer has rented the goods via the website (section 3.a. (i.) (a)), the term of the lease begins with delivery of the goods to the customer, hereinafter "delivery", if the term is extended (section 3.a. (i) (b)) with the next due monthly payment, upon conclusion of the rental agreement with the help of a cooperation partner (clause 3.a. (ii.)) with delivery of the goods to the customer or the authorized representative by the cooperation partner. The goods are regarded as delivered within the meaning of this provision if the provider commissioned by the provider has delivered the goods to the customer. The term of the contract and the right of termination depend on the choice of the customer when placing the order.

 

Unless otherwise agreed:

 

If there are several rental agreements between the provider and the customer, and the provider is entitled to terminate a rental agreement without notice for good cause, he may also terminate the other rental agreements without notice if the maintenance of the other rental agreements is unreasonable for him due to grossly unfaithful conduct on the part of the customer.

This is particularly the case if the customer

  • willfully damages a rented object;
  • culpably conceals damage to the rented object from the provider or tries to conceal such damage;
  • willfully causes damage to the provider; or
  • uses a rented object during or for committing intentional criminal offences.

Termination must be in text form. The customer can also cancel the contract online in the customer portal by pressing the "End your rental" button and then returning the goods. The cancellation becomes effective upon receipt by the provider. If the provider terminates a rental agreement, the customer is obliged to return the rented items including all accessories to the provider without delay. Payments made in advance will not be refunded, regardless of when the customer returns the device.

 

7. Delivery Conditions

If the customer has rented the goods via the website (section 3.a. (i.) (a)), the following terms of delivery apply. The product will be delivered to the shipping address provided by the customer. The provider is entitled to partial deliveries to a reasonable extent. Should the provider when processing the order discover that the product ordered by the customer is not available despite careful examination of the stock and for reasons for which the provider is not responsible, the customer will be informed by e-mail and a contract will not be concluded. If the provider has previously accepted the contract offer of the customer by the rental or purchase confirmation, the provider is entitled to withdraw from the contract. Any payments made will be reimbursed immediately. The delivery times stated in connection with the presentation of the offer are approximate. They shall therefore only be deemed to have been agreed as approximate. If the stated delivery date is exceeded by more than four weeks, each party is entitled to withdraw from the contract. If the provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by his own providers, although a corresponding covering transaction was concluded in good time, the provider has the right to withdraw from the respective contract with the customer. The customer will be informed immediately and any services received, in particular payments, will be refunded. The obligation to compensate for damages caused by delay is limited to foreseeable, typically occurring damages. This limitation of liability shall not apply in the event of intentional or grossly negligent breach of contract. The above limitation of liability shall not affect the provider's liability for delay due to culpable injury to life, body and health.

 

8. Retention of Title

The supplied goods remain in the property of the provider

  1. a) in case of a rent permanently,
  2. b) in case of a purchase until full payment of the purchase price.

 

10. Payment

Payment is processed by Stripe recurring payments. Further information is available on the website of the respective payment service provider. When paying by credit card, the customer must be the legal cardholder. The final charge to the credit card will be made upon confirmation of the rental request.

If there is a usage fee, they are to be paid by the customer in advance and independent of the actual time of use of the object and will not be refunded if the customer returns the object to the provider before the end of the contract term. There is no entitlement to partial reimbursement or crediting. In the case of a contract with a minimum term, the usage fee is due upon conclusion of the rental contract, but before dispatch of the goods (see section 3, paragraph 5) (cf. section 1) and subsequently on the first day of the first month of the respective contract extension. In the case of a contract with an indefinite term, the first monthly installment is due on conclusion of the rental contract, but before dispatch of the goods (see section 3, paragraph 5) on the first day of the new month of use.

If the customer is in default of payment, the provider is entitled to charge default interest in the amount of 9 percentage points above the base interest rate, unless the customer is a consumer. In this case, the default interest shall be 5 percentage points above the base interest rate. The provider reserves the right to prove a higher damage. With respect to the payment claim of the provider, customers may only set off claims that the provider does not contest or that have been legally recognized against the payment claims of the provider. This shall not apply if the customer's claim has arisen from a claim in kind entitling the customer to refuse performance. Customers may only exercise a right of retention if their counter-claim is based on the same contractual relation.

 

11. Responsibility of the Customer and Reduction of the Self Participation

The use has to be carried out with customary due care while minimizing the expected damages. In the event of any damage or other impairment of the rented object during the rental period, the customer is obliged to inform the provider immediately in writing of all details of the event which led to the damage of the object. In the event of damage to and other violations of the rental contract concluded between the customer and the provider, the customer is generally liable in accordance with the statutory provisions and Wedio Global Insurance. Wedio Global Insurance covers theft, burglary and robbery assaults. However, Wedio Global Insurance does not include voluntary parting. Wedio do not offer any additional insurance for these cases, and the subscriber will be responsible to pay the rest of the purchase price to Wedio or the lender.

When subscribing, the rules of Wedio Global Insurance takes place.

 

13. Return of the Rented Item

The rental contract ends upon expiry of the agreed contract term or by termination at the time specified in the termination notice. The customer is obliged to return the goods including accessories to the address given by the provider. The customer must return the item in the condition in which he took it over. If the customer continues to use the object after expiry of the rental period agreed in this respect, the rental relationship shall be deemed extended for a further month, unless the provider objects. If the customer returns the item undamaged and complete and the provider determines the same condition category as at the time of shipment to the customer, the customer can receive benefits in the form of discounts and other credits. However, there is no claim to receive such benefits.

When the product is not as the same condition as when rented, the rules of Wedio Global Insurance takes place.

 

14. Warranty

The statutory liability for defects shall apply, unless otherwise specified below. In General, the warranty follow the rules of forbrug and the individual warranties from the brands.

 

15. Liability of the Provider

The provider is liable for damages without limitation, insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by the provider, a legal representative or vicarious agent. The provider is only liable for negligent conduct in the event of breach of an obligation, of which the fulfilment is essential for the purpose of achieving the contract and the compliance with which the contractual partner may regularly rely on cardinal obligation, insofar as the provider typically had to reckon with the damage caused under the circumstances known at the time the contract was concluded. In all other regards, the liability of the provider - also for vicarious agents is excluded. The previously mentioned limitation of liability shall not apply to claims for damages arising from injury to life, body or health, the assumption of a quality guarantee or fraudulent concealment of defects by the Provider. Liability under the Product Liability Act remains unaffected. Any statutory liability privileges in favour of the provider remain unaffected.

 

16. Indemnity of the Provider

The customer keeps the provider indemnified against all claims asserted by third parties against the provider as a result of improper and unlawful use of the leased object, unless he is not responsible for these. In the case of an indemnification according to sentence 1, the customer shall compensate the provider for any damage that the provider suffers due to improper and illegal use, including any costs of legal defence. The user supports the provider in legal defence.

 

17. Use of the Website

The provider expressly points out that the use of web services entails risks. This applies in particular to risks caused by the sending of malware, spamming (unsolicited sending of advertising e-mails), theft of passwords, electronic intrusion, as well as manipulation, hacking and other forms of unauthorised disclosure of user data, harassment and forgery. The provider will make reasonable efforts to minimise these risks. This shall not constitute purchase obligation. The use of the website is at the customer’s own risk. Maintenance, retrofits or upgrades, errors or bugs and other causes or circumstances can lead to interruptions or errors in the operation of the platform. The provider will immediately remedy technical malfunctions within the scope of technical possibilities.

See privacy policy.

 

18. Prohibition of Assignment, Pledging, Transfer of Use

Claims or rights of the customer against the provider may not be assigned or pledged without his consent, unless the customer has proven a justified interest in the assignment or pledge. During the term of the rental agreement, any goods in the possession of the customer, which are nevertheless the property of the provider or one of his business partners, sister or subsidiary companies or other contractual partners, may not be transferred by the customer to a third party, nor may they be rented, leased, sold, encumbered with a lien or otherwise made the subject of a transaction in any other way.

 

19. Data Protection

Please see our Privacy Policy for more information.

 

20. Online Dispute Resolution and Consumer Arbitration Body

If the customer is a consumer, the following note applies: The European Commission offers an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr/. The provider is neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

 

21. Customer Service

You can reach our customer service Monday to Thursday between 9.00 am and 4.00 pm, on Fridays between 10.00 am and 3.00 pm at +45 30 86 47 14 or by email at info@wedio.com

 

22. Amendments

The provider is entitled to make amendments to the Terms of Use at any time, unless material provisions of the contractual relationship (especially type and scope, term, termination) are affected. The customer will be notified of the conditions amended in text form at least six weeks before they take effect. The amendments shall be deemed to have been accepted if the customer does not object to them within six weeks of receipt of the notification. The provider will separately inform the customer of the possibility to object and the deadline to do so. If the right of objection is exercised, the amendments shall not become part of the contract and the contract shall be resumed unchanged. The right of termination remains unaffected.

In the event of a timely objection by the customer to the changed terms and conditions, the provider is entitled, with due regard for the legitimate interests of the customer, to terminate the contract with the customer at the time when the change enters into force. Corresponding contents of the customer are then deleted in the database. The customer cannot assert any claims from this against the provider.

 

22. DISPUTES

If a dispute arises on the basis of the services, website and services or related matters in the relationship between you and Wedio, the dispute must be decided in accordance with Danish law and in the Danish courts with the Copenhagen City Court as agreed venue.

 

In case of dissatisfaction with our services or our treatment of a given case, you should always contact us directly. If we are unable to find a solution jointly, complaints can be filed with Formedlemklagenævnet (Consumer Complaints Board) if you are a consumer. You can read more at www.forbrug.dk.

 

 

 

 

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