GENERAL TERMS AND CONDITIONS

Article 1. General Provisions

These general terms and conditions apply to all offers, agreements and all acts arising therefrom between Student Movers, trading under the name Moversdirect, hereinafter referred to as “Student Movers”, and you, the customer.

Article 2. When is an Agreement Concluded?

All offers made by Student Movers are non-binding and remain valid for 7 days, unless otherwise agreed in writing. The offer is based on the information provided by you. If this information proves to be incorrect, Student Movers is entitled to adjust the offer and the resulting additional costs will be charged to you.
When you receive a quotation from Student Movers, you must sign and return it to Student Movers (digitally) within 7 days of receipt. The agreement is concluded upon receipt of the signed quotation or when Student Movers actually starts performing the work.
If an amendment to the agreement results in higher costs, Student Movers is entitled to charge these additional costs to you.
No rights may be derived from previous offers or advertising materials issued by Student Movers.

Article 3. How is the Service Provided?

Student Movers shall perform each service as agreed in writing and may engage third parties for this purpose.
You are obliged to accept the services of Student Movers at the time Student Movers offers to provide these services to you. If you refuse to accept the services, Student Movers may terminate the agreement. Any costs incurred by Student Movers and any resulting damage, including loss of income, may be charged to you or recovered from you.
The goods will be collected and delivered by Student Movers at the addresses provided by you. You must ensure that the location where Student Movers is required to collect and deliver the goods, including any storage location, is freely accessible and can be reached safely and without obstruction.
Materials required for the performance of the services, including furniture dollies, moving blankets and roll containers, remain the property of Student Movers at all times. Such items may only be acquired by you with the prior written approval of Student Movers.

Article 4. What Can You Expect from Student Movers?

Student Movers shall perform its services with due care and to the best of its knowledge, experience and ability. Student Movers shall make every reasonable effort to protect your interests.

Article 5. What Are Your Obligations?

You must provide Student Movers, in a timely and complete manner, with all information required to properly perform its services. You are responsible for ensuring that this information is accurate.
If Student Movers comes into contact during the performance of the agreement with dangerous goods or substances as referred to in the Dutch Transport of Dangerous Goods Act (Wet Vervoer Gevaarlijke Stoffen), you are obliged to inform Student Movers of the nature of these substances so that Student Movers has the opportunity to take appropriate precautionary measures.
You are obliged to inspect and check the goods immediately after the move. Any objections, defects or damage must be reported to Student Movers in writing immediately, and in any event within two days after you discover them. If no such notification is made, the relevant goods shall be deemed to have been delivered without damage or defects, and Student Movers shall be deemed to have performed its services in accordance with the agreement.
Complaints relating to defects and/or damage that are not immediately visible must be reported to Student Movers in writing immediately, and in any event within two days after discovery, so that Student Movers has the opportunity to investigate the complaint and, where necessary, carry out repairs.
Submitting a complaint does not suspend your payment obligations.
You must ensure that:
Student Movers is granted access, at the previously agreed working times, to the location(s) where the work is to be performed. The location(s) and access routes must comply with statutory safety requirements and other applicable government regulations;
Student Movers has timely access to any required information and approvals, such as parking permits and exemptions. You shall consult with Student Movers regarding this where necessary;
Where third parties are also required to perform work at the relevant location, you ensure that such work has been completed before Student Movers begins its work, so that Student Movers can carry out its activities without obstruction. If this is not possible, you must ensure that effective coordination takes place on site;
Student Movers is notified within a reasonable period before the agreed start date if Student Movers is unable to perform the work at the agreed time;
Student Movers has timely access to sufficient space and facilities for the delivery, storage and/or removal of materials and equipment;
The location(s) where the work is to be performed are free from unnecessary materials and other obstacles;
Student Movers has access to connections for any required utilities or energy supplies;
Student Movers can make use of any other facilities reasonably required for the performance of the work without incurring any costs as a result.
You are liable for any loss of and/or damage to goods, materials, tools, machinery and similar items stored at your premises by Student Movers during the performance of the work.
If you fail to comply, or fail to comply in a timely manner, with the above obligations, Student Movers is entitled to suspend performance of the agreement until you have fulfilled your obligations. Any costs resulting from the delay, or costs for additional work, shall be borne by you.

Article 6. What Are the Costs of Student Movers' Services?

The costs payable by you are stated in euros in the agreement.
All costs include VAT.
Unless otherwise agreed in writing in the quotation, the following costs are not included and will be charged separately:

The use of, and deposit for, moving and/or book boxes and packing materials;
The use of a furniture lift;
The use of ferries, toll charges, parking exemptions and parking permits;
Customs and border-related costs and reasonably incurred costs for taking unforeseen measures to preserve or deliver the moving goods;
Hotel accommodation costs for long-distance national or international moves.

Student Movers is entitled to change its prices during the contractual period due to price developments. This includes, among other things, changes in taxes, levies, wages, social security contributions, exchange rates, energy prices or other circumstances resulting in an increase in costs for Student Movers. Price changes will take effect within one month after notification. If you do not agree with the price change, you may terminate the agreement with Student Movers in writing within eight days of notification of the change, effective from the date on which the relevant change takes effect.
If you have not yet fulfilled all your payment obligations under the agreement, Student Movers is entitled to suspend its obligations until you have fulfilled all your payment obligations.
You accept that the costs under the agreement may be affected if the parties decide to change the approach, method of working and/or scope of the work, regardless of which party initiated the change. The costs of additional work/products will be discussed verbally and charged to you separately.

Article 7. How Do You Pay for Student Movers' Products/Services?

Immediately after completion of the assignment, Student Movers will send a payment request, which can be paid via iDEAL. The Senior Mover will then immediately send the invoice by email.
For professional parties, if you fail to pay within the agreed payment period, you will immediately be in default and interest will be due after the invoice due date. This interest shall be equal to the statutory commercial interest rate. You will also be liable for all extrajudicial and judicial collection costs incurred by Student Movers. These costs amount to at least 15% of the principal amount, with a minimum of €150.00.
Student Movers is entitled to require security from you for the fulfilment of your payment obligations. Student Movers is also entitled to amend the payment terms if it considers that your financial position or payment behaviour gives reason to do so.

Article 8. When and How Does the Agreement End?

If you cancel the agreement, you must reimburse the costs incurred or still to be incurred by Student Movers as a result of the cancellation, as well as the damage suffered by Student Movers, up to a reasonable amount, without prejudice to Student Movers' right to claim additional damages if and insofar as the actual damage exceeds the reasonable amount. The reasonable amount is calculated according to the following scale:
Cancellation up to 8 days before the start of the work: 25% of the quotation;
Cancellation more than 1 day but less than 8 days before the start of the work: 50% of the quotation;
Cancellation 1 day or less before the start of the work: 75% of the quotation.
Student Movers may immediately, without prior notice, suspend performance of the agreement or terminate the agreement in whole or in part if:
you fail to fulfil your obligations under the agreement, or fail to do so in a timely manner, and/or refuse to provide security for payment;
you are declared bankrupt, granted (provisional) suspension of payment, placed under guardianship, admitted to a debt restructuring scheme, or if your business is suspended, liquidated or wholly or partially transferred, or in the event of your death.

Student Movers shall not be liable to you for any damages in such circumstances and shall additionally be entitled to claim damages and/or payment itself. If any of these circumstances occurs, you shall immediately be in default.

Student Movers shall retain the right to continue performing the agreement.

Article 9. When Is There Force Majeure and What Are the Consequences?

Force majeure means circumstances as a result of which Student Movers is unable, unable in time, or unable to properly perform its services, without Student Movers having any influence over such circumstances. In the event of force majeure, there is no attributable failure to perform on the part of Student Movers.
Force majeure includes, but is not limited to: fire, theft, vandalism, riots, strikes, occupation of business premises, operational disruptions, war, severe weather, situations in which the work location is physically inaccessible, changes in legislation or regulations, and failure by a supplier of Student Movers to fulfil its obligations.
In the event of force majeure, Student Movers may suspend performance of the agreement or terminate the agreement, in whole or in part, without being liable to pay you any compensation.
If Student Movers has already fulfilled part of its obligations when the force majeure event occurs, Student Movers is entitled to invoice the part already delivered or the work already performed separately.
If the force majeure situation continues for more than 60 consecutive days, you may terminate the agreement in writing. Student Movers shall not be liable to you for any compensation.

Article 10. Confidential Information and Personal Data

The parties are obliged to keep confidential all confidential information they receive concerning the business of the other party. This obligation also applies to third parties engaged by either party.
Information is considered confidential if it has been designated as such by either party.
Where Student Movers is the data controller within the meaning of the General Data Protection Regulation (GDPR), Student Movers is responsible for protecting personal data whose processing is necessary for the proper preparation of the quotation and performance of the agreement.
Student Movers processes personal data with the utmost fairness and care and in accordance with the GDPR.
Student Movers shall only use personal data to the extent necessary to provide services to you or to perform the agreement with you. Personal data will not be retained for longer than legally permitted or necessary to fulfil obligations arising from the agreement.
Student Movers shall implement appropriate technical and organisational measures to ensure an appropriate level of security for personal data, taking into account the state of the art and the nature of the processing. Student Movers shall impose the same requirements on third parties with whom it enters into a data processing agreement.
If you wish to exercise any of your rights under the GDPR, you may submit a written request via [email protected]. Student Movers will process your request within the statutory time limits.

Article 11. Who Is Liable for What?

Student Movers provides its services to the best of its knowledge and ability. However, Student Movers cannot guarantee that a desired result will be achieved at a specific time.
Student Movers is only liable for material damage caused by it during the performance of the agreement if such damage is covered by its carrier's liability insurance. Student Movers is insured for a maximum amount of €23,000 per household inventory.
Student Movers is not liable for damage caused by circumstances that it could not avoid and the consequences of which it could not reasonably prevent.
Student Movers is not liable for any direct or consequential damage suffered by you or a third party in connection with the performance of the work by Student Movers, including damage or consequences arising from disassembly and assembly work as referred to in Article 13, unless such damage results from intent or wilful recklessness on the part of Student Movers in performing the work.
If Student Movers is liable for damage, its liability shall be limited to the amount paid in respect of that damage per event under Student Movers' carrier's liability insurance. If the maximum insured amount exceeds the value of the assignment, Student Movers' liability shall be limited to the value of the assignment relating to the services provided.
Damage shall be understood as the difference between the value of the insured goods immediately before and immediately after the event, or, at the insurer's discretion, the repair costs determined by experts immediately after the event, increased by any loss of value not eliminated by the repair, as determined by experts.
Student Movers shall in any event not be liable for damage to an item caused:

by your own actions or by persons engaged by you;
to fragile items such as crockery, glassware, vases or lamps that have been packed by you in a moving box not supplied by Student Movers;
during the moving of furniture through a staircase where a furniture lift was available and you chose not to use one;
to objects that were already fragile due to age;
during the moving or transportation of furniture that has not been disassembled, such as linen cupboards, desks or dining tables;
to mattress toppers containing pocket springs;
to (U)LED, Q-LED or (O)LED televisions, unless they are transported in their original packaging;
to ceramic barbecues;
to works of art, antiques, jewellery or precious items. Transportation of such items is always at your own risk.

If Student Movers is liable for damage to an item, Student Movers shall, in consultation with you, arrange for the item to be repaired at its expense or provide a discount on the costs of the agreement. If Student Movers arranges the repair, it shall take the item with it immediately after the damage has been established.
If you are held liable for damages by a third party, you cannot pass this claim on to Student Movers.

Article 12. Storage

If goods are placed in storage, you must prepare an inventory list before the actual storage begins, stating the value of all goods placed in storage. Student Movers may require you to provide valid identification.
You may terminate the storage agreement during the contractual period subject to one month's notice.
Student Movers is obliged to return the stored goods in the condition in which they were received before the expiry of the notice period. Upon return, you must pay the storage fees and any other costs for which you are responsible. The date and time of return shall, as far as possible, be agreed in consultation with you.
Student Movers may terminate the storage agreement in the event of cessation of its business or if continuation of the agreement can no longer reasonably be expected of Student Movers. In such cases, Student Movers must terminate the agreement in writing with a notice period of two months.
If you have not collected the stored goods after expiry of the notice period, the goods will remain in storage at your expense and risk. The storage fees will continue to be charged in such circumstances.
In addition to Article 11 of these terms and conditions, Student Movers is obliged to maintain insurance against liability risks arising from applicable law and these terms and conditions. Goods placed in storage by Student Movers on your behalf are covered by Student Movers' carrier's liability insurance for the first 30 days.
Student Movers points out that, in order to insure against risks for which Student Movers is not liable, you should take out temporary storage insurance for the stored goods and transfer your own household contents insurance to the address of the storage facility for the duration of the storage period. You are responsible for arranging this yourself.
In the case of long-term storage, Student Movers may adjust the storage fee annually.
Stored goods will be returned to you once you have paid the storage fees. Student Movers has a right of retention over the stored goods until you have fully fulfilled your payment obligations.
Upon return, the stored goods will be handed over to the person authorised by you in writing or electronically. If no authorised person has been appointed, the goods will be handed over to the person who is entitled to receive them under the storage agreement, unless the goods have been seized and the enforcement of such seizure requires them to be handed over to the attaching party.
The storage agreement ends upon your death, when you are placed under guardianship, when a suspension of payment is granted to you, or when you are declared bankrupt. Storage fees remain payable through the month following the month in which the relevant event occurred. The heirs, trustee or administrator must take back the stored goods before the end of the period for which storage fees are payable.
Provided that Student Movers has fulfilled its duty of care and unless proven otherwise, Student Movers shall not be liable for damage resulting from special risks associated with one or more of the following circumstances:

damage to or loss of stored moving goods where the damage or loss results from an inherent defect or inherent deterioration of the stored goods;
damage to goods that were not packed, packaged or unpacked by the custodian or its employees and that was not caused by the actions of the custodian or its employees;
damage caused by leakage of liquids from lamps, bottles, containers or similar items;
damage to electrical, electronic or mechanical equipment, clocks and barometers, insofar as such damage is solely related to the nature or condition of the relevant item;
peeling or damage to the foil or coating of mirrors;
damage to stored goods caused by moths, woodworm or rust, provided that the agreed protective measures have been carried out;
damage arising from the inherent nature of the stored goods themselves, such as freshly polished or painted furniture, loosening of glue in furniture components, atmospheric effects on pastel drawings, pianos going out of tune, deterioration in the quality of information carriers such as audio and video tapes and similar items, provided that the agreed protective measures have been carried out;
damage resulting from lost furniture keys, unless these keys were handed over to the custodian or its employees and this is recorded on the inventory list;
damage resulting from the loss of items such as banknotes, coins and tokens, negotiable securities, precious metals, gemstones, jewellery, documents and collections, unless the inventory list or another document signed by both the customer and the custodian shows that these items were actually placed in storage.

If Student Movers demonstrates that it cannot return the stored goods in the condition in which they were received and that this is the result of one or more of the special risks referred to in paragraph 12 above, it shall be presumed that the failure to comply with its duty of care arose from such circumstances, without prejudice to your right to provide evidence to the contrary.

Article 14. Assembly and Disassembly

If you have agreed that Student Movers will perform assembly and/or disassembly work for you, you are responsible for the suitability of the materials provided by you and for the accuracy of the information supplied. Student Movers, in turn, is responsible for properly and adequately completing the work in accordance with the agreements made.
You are responsible if:

you provide incorrect information regarding the work to be performed;
there are inaccuracies in the construction or working method;
there are apparent defects in the item on which the work is being performed;
there are defects in or unsuitability of materials or tools provided by you.

Student Movers is also obliged to point these matters out to you.

You bear the risk of damage caused by:

inaccuracies in the work instructions;
inaccuracies in the constructions and working methods requested by you;
defects in the item on which the work is being performed;
defects in or unsuitability of materials or tools provided by you.

Once the assembly and/or disassembly work has been completed by Student Movers, the work will be handed over to you. You must respond within two working days and accept or reject the work, whether subject to reservation or not, specifying any defects.

Article 14. Borrowing Moving Boxes – Deposit and Return Period

Moving boxes made available by Student Movers are provided on a loan basis against payment of a deposit. The moving boxes remain the property of Student Movers at all times.
The customer is obliged to return all borrowed moving boxes in good condition and in full within a maximum period of three (3) months from the moving date.
For moves where Student Movers' storage facilities are also used, the three-month period starts on the date on which the return move has taken place.
If the moving boxes are not returned in full and undamaged within this period, the right to a refund of the deposit automatically expires. In that case, the deposit shall be regarded as compensation for failing to return the materials on time, without prejudice to Student Movers' right to claim additional damages if the actual damage exceeds the amount of the deposit.
Any damage, loss or incomplete return may be deducted from the deposit.

Article 15. Protection of Floors

The customer is responsible for protecting floors, stairs and other vulnerable surfaces in advance of the move where these may be subjected to loads or damage during the move. This applies in particular to wooden floors, parquet, resin floors, natural stone and other vulnerable or special floor finishes. Student Movers does not routinely provide floor covering or protection.
Student Movers offers various suitable protective materials through its webshop, which the customer may purchase in advance.
If desired, Student Movers may, by prior agreement and in consultation with the customer, provide the necessary floor protection. Any costs will be agreed with the customer in advance and may be charged separately.
If the customer provides the floor protection themselves, the customer is responsible for selecting, purchasing and correctly applying the protective materials used. Student Movers is not responsible for damage resulting from the absence of, or insufficient or incorrect application of, such protection.
The customer must inform Student Movers in advance of any particularly vulnerable, recently installed or recently treated floors for which specific protective measures may be required.
Without prejudice to the above, Student Movers shall perform the moving work with due care and shall make reasonable efforts to prevent damage to floors, stairs, walls, door frames and other parts of the property.

Article 16. Amendments to These Terms and Conditions

Student Movers may amend these general terms and conditions at any time without prior notice.
Student Movers may announce amendments to these terms and conditions by publishing them on its website or communicating them in another manner. Amendments shall also apply to existing agreements.

Article 17. Complaints and Disputes

If you are not satisfied with the services provided by Student Movers, Student Movers would appreciate it if you notify it first so that it can properly address your complaint. In order to ensure that the complaint can be dealt with properly, it must be submitted to Student Movers within two months after you became aware of the complaint.
If a dispute nevertheless arises, it must be submitted to the competent court of the District Court of East Brabant (Rechtbank Oost-Brabant). The right to initiate legal proceedings expires one year after the event giving rise to the dispute occurred.

Article 18. Applicable Law

All agreements, these general terms and conditions and all acts arising therefrom shall be governed by Dutch law.

General terms