General terms

Article 1. General provisions

These general terms and conditions apply to all offers, agreements and all resulting actions between Student Movers thodn Moversdirect hereinafter: Student Movers and you, the customer.

Article 2. When is there an agreement?

All Student Movers offers are without obligation and valid for 30 days, unless otherwise agreed in writing. The offer is based on the information provided by you. If this information turns out to be incorrect, Student Movers may adjust the offer and the costs will be at your expense.
When you receive a quote from Student Movers, you must sign it (digitally) and return it to Student Movers within 30 days of receipt. The agreement is concluded by receipt of the signed quote or by Student Movers actually starting the work.
If a change to the agreement results in higher costs, Student Movers may pass this on to you.
You cannot derive any rights from previous offers or advertising material made by Student Movers.

Article 3. How does the service work?

Student Movers will provide every service as agreed in writing and Student Movers may use third parties for this purpose.
You are obliged to purchase the services of Student Movers at the time that Student Movers offers the services to you. If you refuse to purchase the services, Student Movers may terminate the agreement. The costs incurred by Student Movers and any damage, including loss of income, that Student Movers incurs in this case, will be charged to you or recovered from you.
The items will be collected from you by Student Movers and delivered to the addresses you have provided. You must ensure that the (storage) location where Student Movers must collect and deliver the items is accessible without obstruction and without risks.
Materials required for the performance of the services, including furniture doggies, moving blankets & roller containers, remain the property of Student Movers at all times. Only with written approval from Student Movers can the items be taken over by you.

Article 4. What can you expect from Student Movers?

Student Movers will perform its work carefully to the best of its knowledge, experience and science. Student Movers will represent your interests to the best of its ability.

Article 5. What are your obligations?

You must provide Student Movers with all information that Student Movers needs to perform its work properly, on time and in full. You are responsible for ensuring that this information is correct.
If Student Movers comes into contact with dangerous goods or substances as referred to in the Transport of Dangerous Substances Act during the performance of the agreement, you are obliged to inform Student Movers of the nature of the substances, so that Student Movers has the opportunity to take precautionary measures.
You are obliged to inspect and check items immediately after moving. Any objections, defects or faults must be reported to Student Movers in writing immediately (within two days after you have discovered them). Without this notification, the items in question are deemed to have been delivered without damage, defects or faults and it is assumed that Student Movers has performed its services in accordance with the agreement.
Complaints regarding defects and/or faults that are not immediately visible must be reported in writing to Student Movers immediately (within two days) after detection so that Student Movers is able to investigate the complaint and, if necessary, carry out repairs.
Reporting a complaint does not suspend your payment obligation.
You must ensure that:
Student Movers is granted access to the location(s) where the work is being performed at the previously announced (working) times. The location(s) and access must comply with the statutory safety requirements and other government regulations;
Student Movers can have any necessary data and approvals (such as parking permits and exemptions) in a timely manner. You will discuss this with Student Movers if necessary;
if third parties also have to perform work at the location in question, you ensure that this work is completed before Student Movers starts its work, so that Student Movers can perform its work unhindered. If this is not possible, you ensure that coordination is carried out effectively on site;
Student Movers will be notified within a reasonable period before the date on which the work is to commence according to the agreement if Student Movers cannot carry out the work at the agreed time;
Student Movers can have sufficient facilities in a timely manner for the supply, storage and/or removal of materials and resources;
the place(s) where the work is to be carried out are free of excess materials, etc.;
Student Movers can provide connection options for any energy required;
Student Movers can make use of other reasonably desired facilities, without incurring any costs for Student Movers.
You are liable for loss of and/or damage to the goods, materials, tools and machines, etc. that Student Movers has stored with you during the execution of the work.
If you do not meet the aforementioned obligations or do not meet them in time, Student Movers is entitled to suspend the execution of the agreement until you have met your obligations. The costs related to the delay incurred, or the costs for performing additional work, are for your account.

Article 6. What are the costs of Student Movers' services?

The agreement specifies the costs you have to pay in euros.
All costs include VAT.
Unless otherwise agreed in writing in the quotation, the following costs are not included and will be charged to you separately:

The use and (deposit of) moving and/or book boxes and packing materials;
using a moving lift;
use of ferries and pontoons, tolls to be paid, parking permits and exemptions;
border and customs costs and reasonable costs incurred for taking unforeseeable measures to preserve or deliver the removal goods;
costs for hotel stays for (inter)national long-distance moves.

Student Movers has the right to change the price during the contract period in connection with price developments. This includes: changes in taxes, levies, wages, social security contributions, exchange rates, energy prices or other circumstances that entail an increase in costs for Student Movers. Changes will take effect within one month after they are announced. Do you disagree with the change in costs? Then you can cancel the agreement with Student Movers in writing within eight days after the announcement of the change, against the date on which the change in question takes effect.
If you have not yet fulfilled all your (payment) obligations under the agreement, Student Movers may postpone its obligations until you have fulfilled all your (payment) obligations.
You accept that the amount of the costs of the agreement can be influenced when parties decide to change the approach, method and/or scope, regardless of which party gave the reason for this. Costs for additional work/products will be discussed verbally and charged to you separately.

Article 7. How do you pay for Student Movers products/services?

Student Movers will send a payment request immediately after the assignment has been completed, which can be paid via iDeal. The Senior mover will then immediately send the invoice by email.
For professional parties, if you do not pay within the agreed term, you will immediately be in default and will owe interest after the due date of the invoice. This interest will be equal to the statutory commercial interest. You must also pay all (extra)judicial collection costs of Student Movers. These costs amount to at least 15% of the principal sum with a minimum of € 150.00.
Student Movers has the right to demand security from you for the fulfillment of your (payment) obligations. Student Movers is also authorized to change the payment conditions if it believes that your financial position or your payment behavior gives reason to do so.

Article 8. When and how does the agreement end?

If you cancel the agreement, you must reimburse the costs that Student Movers has incurred or will incur as a result and compensate the damage it suffers, up to a reasonable amount, without prejudice to the right of Student Movers to claim compensation, if and to the extent that the damage exceeds the reasonable amount . The reasonable amount is calculated on the basis of the following scale:
in case of cancellation up to 8 days before commencement of the work: 25% of the quotation;
in case of cancellation more than 1 day less than 8 days before commencement of the work: 50% of the quotation;
in case of cancellation 1 day or less before commencement of the work: 75% of the quotation.
Student Movers may immediately suspend or terminate the agreement in whole or in part without prior notice to you if:
you do not fulfil your obligations under the agreement (in a timely manner) and/or refuse to provide payment security;
there is bankruptcy, (provisional) suspension of payments, receivership, debt restructuring or closure, liquidation or full or partial transfer of your company or death.

Student Movers then does not have to pay you any compensation and also has the right to claim compensation and/or payment itself. If one of these circumstances occurs, you are immediately in default.

Student Movers has the right to continue to perform the agreement.

Article 9. When is there force majeure and what are the consequences?

Force majeure means that there are circumstances that prevent Student Movers from fulfilling its services, or from doing so in a timely manner or properly, without it being able to exert any influence on this. If there is force majeure, there is no attributable shortcoming on the part of Student Movers.
Force majeure includes, but is not limited to: fire, theft, molestation, riot, strike, occupation of premises, business disruption, war, severe weather, situations of actual inaccessibility of work, changes in regulations and failure to comply by a supplier of Student Movers.
In the event of force majeure, Student Movers may suspend the performance of the agreement or (partially) terminate the agreement without having to pay you any compensation.
If Student Movers has already fulfilled part of its obligations under the agreement when force majeure occurs, Student Movers is entitled to invoice the part already delivered or the work carried out separately.
If the force majeure lasts longer than 60 consecutive days, you may terminate the agreement in writing. Student Movers is not liable to pay you any compensation.

Article 10. Confidential information and personal data

Parties are obliged to keep secret all confidential information they receive about the other party's business. This also applies to third parties engaged.
Information is confidential if it has been designated as such by one of the parties.
Where Student Movers is the controller within the meaning of the General Data Protection Regulation (hereinafter: GDPR), Student Movers is responsible for the protection of personal data, the use of which by Student Movers is necessary for the correct preparation of the quotation and execution of the agreement.
Student Movers processes personal data with the utmost fairness and care and in accordance with the GDPR.
Student Movers uses personal data only to the extent necessary to be of service to you, or to execute the agreement with you. Personal data will not be stored longer than legally permitted or necessary to fulfill obligations under the agreement.
Student Movers takes technical and organizational measures to ensure an appropriate level of security with regard to personal data, taking into account the state of the art and the nature of the processing. Student Movers also demands this from third parties with whom it concludes a processing agreement.
If you wish to invoke one of the rights you have under the GDPR, this request can be submitted in writing via [email protected]. Student Movers will process this 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 in the execution of the agreement, if this is covered by its carrier liability insurance. Student Movers is insured for a maximum amount of € 23,000 per household.
Student Movers is not liable for damage caused by a circumstance that it could not have avoided and to the extent that the consequences thereof could not have been prevented by Student Movers.
Student Movers is not liable for any (consequential) damage suffered by you or a third party during the performance of the work by Student Movers, including the (consequences of) (dis)assembly work as referred to in Article 13, insofar as there is no intent or deliberate recklessness in the performance of the work on the part of Student Movers.
If Student Movers is liable for damage, this liability is limited to the amount paid out per event in relation to this damage by the carrier liability insurance of Student Movers. If the maximum insured amount is higher than the amount of the order, then Student Movers is only liable up to the amount of the order, which is related to the services provided.
Damage is defined as the difference between the value of the insured items immediately before and immediately after the event, or, at the insurer's discretion, the repair costs determined by experts immediately after the event, plus the reduction in value not remedied by the repair as determined by experts.
Student Movers is in any case not liable for damage to an item that has occurred:

through your own actions or through people you have engaged;
to fragile items such as crockery, glassware, vases or lamps, which you have packed in a moving box not provided by Student Movers;
when moving furniture via a stairwell, while there is an option to use a moving lift and you have not chosen to use a moving lift;
to objects that are fragile due to old age;
when moving or relocating non-dismantled furniture, such as linen cupboards, desks or dining tables;
art, antiques, jewels or ornaments. Transport of these items is always at your own risk.

If Student Movers is liable for damage to an item, Student Movers will, in consultation with you, have the item repaired at its own expense or will give a discount on the costs of the agreement. If Student Movers arranges for repair, it will take the item away immediately after determining the damage.
If you are approached by a third party for compensation for damages, you cannot submit this claim to Student Movers.

Article 12. Storage

If there is storage of items, you will make an inventory list prior to the actual storage, in which you must indicate the value of all items stored. Student Movers may ask you to provide a valid ID.
You can cancel the storage agreement at any time, subject to a notice period of one month.
Student Movers is obliged to return the goods in storage in the condition in which they received them before the expiry of the notice period. Upon return, you must still pay the storage costs as well as any other costs that are for your account. The time of return will take place in consultation as much as possible.
Student Movers may terminate the storage agreement in the event of termination of business or if continuation cannot reasonably be expected of it. In doing so, it must terminate the agreement in writing with a notice period of two months.
If you have not collected the goods placed in storage after the notice period has expired, the storage will take place at your expense and risk. In that case, the payment of the storage costs will also continue.
In addition to article 11 of these conditions, Student Movers is obliged to be insured against liability risks under the law and these conditions. Items that are stored by Student Movers on your behalf are insured for the first 30 days under the carrier liability insurance of Student Movers.
Student Movers would like to point out that, in order to be insured against risks for which Student Movers is not liable, you must take out temporary storage insurance for removal goods for the storage and that you must transfer your own household contents insurance to the address of the storage during the storage. You must take care of this yourself.
In the case of long-term storage, Student Movers may adjust the storage fee annually.
The goods in storage will be returned to you if you have paid the costs for the storage. Student Movers has the right of retention (retention) on the stored goods until you have fully met your payment obligations.
Upon return, the goods in storage will be handed over to the person authorized by you in writing or electronically. If there is no authorized person, they will be handed over to the person who is entitled to return them under the storage agreement, unless they have been seized and the prosecution of this seizure results in an obligation to surrender them to the seizing party.
The storage agreement ends upon your death, when you are placed under guardianship, when you are granted a moratorium or when you are declared bankrupt. The costs of storage are then due up to and including the month following the month in which the event in question occurred. The heir or the guardian or the administrator is/are obliged to take back the removal goods before the end of the period for which storage fees must be paid.
Student Movers shall not be liable for damage resulting from special risks associated with one or more of the following circumstances, provided that it has fulfilled its duty of care and unless proven otherwise:

damage to or loss of the removal goods taken into storage if the damage or loss results from inherent defect or inherent spoilage of these removal goods;
damage to goods not packed, wrapped or unpacked by the custodian or its personnel and not attributable to the actions of the custodian or its personnel;
damage caused by leakage of liquids from lamps, bottles, barrels and the like;
damage to electrical, electronic and mechanical equipment, clocks, barometers to the extent that damage is exclusively related to the nature or condition of the item concerned;
the film of mirrors running off or being damaged;
damage to the removal goods such as by moth, woodworm or rust, provided that the agreed care measures have been carried out;
damage resulting from the nature of the items taken into custody themselves, such as freshly polished or painted furniture, the release of glue from pieces of furniture, the effect of the atmosphere on pastel drawings, the detuning of pianos, the deterioration of the quality of information carriers such as audio and video tapes and the like, provided that the agreed care measures have been carried out;
damage resulting from the loss of furniture keys, unless these were handed over to the custodian or her staff and this is evident from the inventory list;
damage resulting from the loss of items such as banknotes, coins and tokens, negotiable instruments, precious metals, precious stones, jewellery, documents and collections if it does not appear from the inventory list or another document signed by the customer and the custodian that these items have actually been deposited.

13. If Student Movers proves that it cannot return the stored goods in the condition in which it received them and this is a consequence of one or more of the special risks mentioned in paragraph 12 above, it is presumed that failure to comply with the careful storage obligation results from this, without prejudice to your right to provide evidence to the contrary.

Article 13. (Dis)assembly

If you have agreed that Student Movers will perform disassembly and/or assembly work for you, you are responsible for the soundness of the materials provided by you and for the correctness of the information provided. Student Movers in turn is responsible for the good and proper delivery in accordance with the agreements made about this.
You are responsible if:

you provide inaccuracies in the work assigned;
there are inaccuracies in constructions and working methods;
there are obvious defects in the item on which the work is being carried out;
in case of defects in or unsuitability of materials or resources made available by you. Student Movers is obliged to point this out to you.

3. You bear the risk for damage caused by:

inaccuracies in the work assigned;
inaccuracies in the constructions and methods you require;
defects of the item on which the work is being performed;
defects in or unsuitability of materials or resources provided by you.

4. After the (dis)assembly work has been carried out by Student Movers, the work will be delivered. You must respond within two working days and accept or refuse the work, with or without reservation, indicating any defects.

Article 14. Amendment of these terms and conditions

Student Movers may change the general terms and conditions at any time without prior notice.
Student Movers may announce changes to these terms and conditions by posting them on its website or communicating them in another way. Changes also apply to existing agreements.

Article 15. Complaints and disputes

Are you dissatisfied with the services provided by Student Movers? Student Movers would appreciate it if you let them know first so that they can take your complaint seriously. To ensure that they can handle the complaint properly, the complaint must be submitted to Student Movers within two months after you have become aware of the complaint.
Should a dispute nevertheless arise, you must contact the competent court at the East Brabant District Court. The possibility to start a dispute with the court expires after one year after the reason for the dispute arose.

Article 16. Applicable law

Dutch law applies to all agreements and these general terms and conditions and actions resulting from them.

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