Terms of service

Article 1 (General Rules)
The terms of use (hereinafter referred to as the “Terms”) define the conditions for using the goods rental service “Astoness” (hereinafter referred to as the “Service”) provided by Astoness GmbH (hereinafter referred to as the “Company”).

In order to use this service, it is necessary to read the entire text of this agreement and agree to all provisions. At the time of applying for this service, it is assumed that the user has understood the content of this agreement and has consented to all provisions of this agreement.

Article 2 (Definition of Terms)
"Service" means a product rental service or rental service that allows users to rent products managed by the Company to users.

“Website” means the website related to the Service operated by the Company whose domain is “https://astoness.de” or “https://www.astoness.de”. Says.

"User" means an individual, corporation, or group that applies for and uses the Service.

“Organization” means a non-competent association with a designated representative.

"Goods" means items that the Company rents to users and that users can rent from the Company.

“Rental” means that the Company rents a product to a User and that a User rents a Product from the Company.

Article 3 (Contents of this service)
The user shall apply for the rental service within this website.

A rental contract shall be established between the Company and the user when the Company accepts the application from the user and notifies the user of the completion of the rental reservation procedure.

The Company will send the product to the delivery address specified by the user based on the details of the rental reservation.

If the product arrives is defective or is different from the content of the application, the user shall stop all use and promptly notify the Company. If there is no notification, the Company shall not be obligated to exchange the product or refund the service usage fee for the reason.

In order to return the product, the user shall request the shipment of the product to the delivery company designated by the Company by using the collection service or bringing the product to the sales office, store, or agency of the delivery company. Delivery of the product to the designated delivery company shall be completed by the return deadline.

The user shall manage the product with the same duty of care as one's own property.

The products may not be used by anyone other than the user without the consent of the Company.

Article 4 (Usage Fee and Payment Method)
Rental fees for products and usage fees for rental services are displayed on this website.

Fees for this service shall be paid by the method specified in the notation based on the Act on Specified Commercial Transactions.

Payment fees shall be borne by the user.

Shipping charges shall be determined in the shipping policy.

Cancellation fees are subject to the refund policy.

Article 5 (Eligibility for Use)
1. Persons who fall under any of the following items shall not be able to use this service.

(1) Individuals under the age of 18

(2) Individuals who do not have a resident registration (current address) in Germany, Austria, France, United Kingdom, Denmark, Netherlands, Belgium, Liechtenstein, Luxembourg, Italy, Spain, Portugal, and Switzerland

(3) An association without legal capacity without a designated representative

2. Our company may restrict or cancel the use of this service if the user falls under any of the following items.

(1) If there are false or omissions in the contents of the application, or if there is a suspicion of false declaration

(2) When there is a product whose rental period is overdue

(3) If there is a delay in payment of the usage fee for this service, or if payment has not been made in the past

(4) When it is determined that there is no communication

(5) If the product has been damaged or defaced when using this service in the past

(6) When there is a hindrance to our business performance

(7) Other cases that the Company deems inappropriate.

3. Even if the use is canceled in accordance with the preceding paragraph, the user shall pay the usage fee, etc. incurred by the use of this service until then, and the Company shall not be responsible for any liability or compensation. Masu.

Article 6 (Conclusion of Application and Rental Agreement)
If the user wishes to rent products handled by this service, the user shall agree to this agreement and apply for service use according to the procedure specified by our company. The user shall select or enter the necessary items specified by the Company (hereinafter referred to as application information) on this website when applying, and submit the identity verification document or the identity verification document and the purchase order by the method specified by the Company. .

When the Company confirms an application from a user, the Company will perform identity verification and examination by a prescribed method, and determine whether or not to accept the application. The Company may, at its discretion, refuse to accept the application from the user and reject the application if any of the following items apply.

(1) When the Company determines that the application information is incomplete or false;

(2) When the Company cannot contact the user regarding the application, or when the user does not respond to the communication from the Company

(3) If there is a delay in the past rental contract or if there is an unreturned product

(4) If the product is damaged or defaced due to past rental agreements

(5) In addition to the preceding items, if the Company determines that it is not appropriate to accept the order.

The Company will notify the user when accepting the application from the user. A rental contract shall be established between the Company and the user at the time when the Company notifies the user of the acceptance of the rental application.

Article 7 (Rental Period)
The rental period in the rental contract shall be the date on which the delivery of the product from the Company or the delivery company to the user is completed, or the date on which the first delivery is attempted, whichever is earlier. The end date of the rental period shall be the last day of the rental period selected in .

The end date of the rental period is called the return deadline, and the user shall complete the product shipping procedure by the return deadline.

The user can apply for an extension of the rental period by applying for an extension of use by the method specified by the Company at least two days before the return deadline. However, if the rental period cannot be extended due to product availability or other circumstances, the Company may reject the user's application for extension of the rental period.

Article 8 (Delivery and Delivery)
We will state the number of days required to deliver the goods on this website (delivery policy). However, the number of days required for actual delivery may differ from the number of days shown on this website due to the availability of products, circumstances of delivery companies, traffic conditions, and other reasons.

The Company shall not be liable for any damages incurred by the User due to delivery delays due to the circumstances of the delivery company, traffic conditions, or other reasons.

Delivery of the product will be deemed complete when the product applied for by the user has been delivered to the delivery address specified in the application information or has been attempted to be delivered.

Article 9 (Company's response to defects, failures, etc., and cancellation by the user)
Due to the characteristics of the rental service and products, the products are as-is, and the Company will not be held responsible if they can be used normally.

In the event that a defect or natural failure occurs in the product that does not withstand normal use, regardless of the user's responsibility, the product will be returned, and the rental fee will be refunded or a replacement product will be sent. However, if it is possible to prove to the user that the product returned by the user to our company does not have the defects or failures reported by the user and that the product can be used normally, our company shall not be obliged to refund the user, and shall be able to charge the user for the usage fee and shipping fee for the substitute product determined by the Company.

Even if the user wishes to exchange the product due to a defect or failure of the product, it may not be possible to send a replacement product due to the product inventory status of the Company. It will be refunded.

The user can cancel the rental contract even after the rental contract has been concluded. However, in principle, no refunds will be made for midterm cancellations.

Article 10 (Delay or damage, etc.)
If the user does not ship or return the product to the company by the return deadline, the user shall pay the late fee specified by the company.

The overdue fee will be double the daily usage fee for each overdue day. The extension fee, which is the basis for calculating the late fee, shall be stated on the rental period extension application page of this website.

The user shall pay the overdue fee charged by the Company within 3 days after the invoice.

If the product is damaged, lost, or stolen by a third party due to the user's intention or negligence, or if the product is not returned after the return deadline has passed without prior contact to the company, the user will be liable for the rental fee, overdue In addition to the fees, we will bear the amount determined by our company up to the amount equivalent to the acquisition price of the rented product. In addition, the Company shall be able to transfer the right to claim against the user to a third party at its own discretion, and the user shall consent to such transfer without objection in advance.

Article 11 (Payment of rental fees, etc.)
When the user rents products using this service, the user shall bear the expenses separately specified by the Company in addition to the rental fee.

The user shall pay the rental fee for the product rented on this service by selecting one of the multiple payment methods specified by the Company.

If the user delays payment of the service fee or other payments based on the use of this service, the user shall pay to the Company delay damages at a rate of 14.6% per year.

Article 12 (Management Responsibility)
The user shall manage the product with the duty of care of a good manager. We are not responsible for any damages caused by the use of this website in an unusual way or due to user's carelessness.

The user shall not transfer, sublease or allow the use of the product to a third party without the prior written or electromagnetic record consent of the company. However, only if the user is a corporation or group, the user may allow a third party to use the product without the prior consent of the Company.

Article 13 (Prohibited Acts)
When using this service, the user shall not engage in any act that falls under or may fall under any of the following items by themselves or through a third party.

(1) Acts that violate laws and regulations, court judgments, decisions or orders, or administrative measures that are legally binding, and acts that encourage them

(2) Fraud or threats against us or other third parties

(3) Acts that violate public order and morals or harm good morals

(4) Intellectual property rights of the Company and other third parties (hereinafter referred to as copyrights, patent rights, utility model rights, trademark rights, design rights and other intellectual property rights (obtaining those rights or including the right to apply for registration, etc.), portrait rights, privacy, honor, and other rights or interests.

(5) Acts that impose an excessive load on the network or system of this service

(6) Acts of illegally accessing the entire system connected to this service without authorization and illegally rewriting or erasing information accumulated in our equipment

(7) Actions aimed at collecting information on other users

(8) Acts of impersonating the Company, other users, or other third parties

(9) Acts of providing benefits to antisocial forces, etc.

(10) Acts contrary to the purpose and purpose of this agreement and this service

(11) Other acts that the Company deems inappropriate

Article 14 (Cancellation of Rental Agreement)
If the User falls under any of the items in the preceding article, the Company may cancel the rental agreement without any notice or demand and immediately request the User to return the product. In this case, the Company shall not refund the fees paid by the User for any reason.

Article 15 (Revision and change of this agreement)
The Company may, at its discretion, change or add to the contents of these Terms at any time. Unless otherwise specified by the Company, the revised Terms of Use will be posted or notified on this website.

If the User continues to use the Service after the Terms have been changed, the User shall be deemed to have agreed to the changed Terms.

Article 16 (Changes, Additions, Suspension, Termination of the Service)
The Company may change or add all or part of the content of the Service without prior notice to the User.

If the Company suspends or terminates the provision or operation of all or part of the Service, the Company will notify the User in a manner deemed appropriate by the Company. However, in case of emergency, we may not notify the user.

The Company shall not be liable for any damages incurred by users or third parties due to changes, additions, interruptions or termination of this service.

Article 17 (Non-involvement with Antisocial Forces)
Users themselves belong to organized crime groups, organized crime group members, organized crime group companies, corporate racketeers, social movement goro, political movement goro, special intelligence gangs, and other anti-social forces (hereinafter referred to as anti-social forces such as gangs). Or not applicable, express that you are not involved with anti-social forces such as organized crime groups, and promise that you will not belong to or be involved in, or be involved with, in the future.

If the Company determines that the User belongs to or falls under an anti-social force such as an organized crime group, or is involved without justifiable reason, the User will be We may take measures such as prohibiting the use of this service.

The Company shall not be held responsible for compensating the User for any damages caused by the measures set forth in the preceding paragraph.

Article 18 (Severability)
Even if any provision of this agreement or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of this agreement and part thereof shall be invalid or invalid. The remainder of the provisions held to be unenforceable shall continue in full force and effect. The Company and users agree to comply with the intent of such invalid or unenforceable clauses or parts, endeavor to ensure an equivalent effect, and agree to be bound by the amended Terms. .

Even if any provision or part of this agreement is determined to be invalid or unenforceable in relation to a certain user, it will not affect the validity, etc. in relation to other users. Shall not.

Article 19 (Governing Law, Agreed Jurisdiction)
This agreement shall be governed by and construed in accordance with the laws of Switzerland. In the event that any dispute arises out of or in connection with this agreement, the competent courts of Zurich, Switzerland shall have exclusive jurisdiction as the court of first instance.

(Supplementary Provisions)
Established and enforced on 26th August, 2023