BIOROWER Rental and Hire Purchase Terms and Conditions
§ 1 General
a) The “lessee” is a customer of BIOROWER GmbH, with the address Petritschgasse 6/2/2, 1210 Vienna, Austria, hereinafter referred to as “BIOROWER”. The rental contract applies between these two parties.
b) BIOROWER rents and the renter rents sports equipment from BIOROWER GmbH during the term of this contract. The renter pays the rental costs under the following conditions. At the end of the rental period, the renter returns the equipment to BIOROWER.
c) The renter can purchase the rental equipment after the rental period has expired. The rent already paid will not be fully credited in the event of purchase. The purchase price of the device is calculated as follows:
50% down payment, 2.07% monthly rental, maximum rental period: 36 months.
After expiry of the maximum rental period and only under the condition that all outstanding items have been paid in full and on time, the rental item’s ownership is transferred to the customer, while BIOROWER will keep the initial deposit.
d) BIOROWER is entitled to carry out a credit check at the expense of the renter and to request proof of creditworthiness.
§ 2 Ownership of the equipment and location
a) All rented devices of BIOROWER GmbH remain the property of BIOROWER during the term of the rental contract. The renter may not remove the inscriptions, serial numbers or other permanently affixed stickers from the device. Nor may any conversions or technical modifications be made to the rented item. During the rental period, the renter may never give the impression to third parties that he is the owner of the device or pledge the device.
b) The lessee may not sublet the rental item or lend it to a third party without the express written permission of BIOROWER. The renter may not use the rented item for commercial purposes without the written permission of BIOROWER.
c) The rented item shall remain at the address agreed in the rental agreement during the term of the rental agreement. The lessee shall inform BIOROWER immediately in the event of relocation.
d) The rental item may be replaced by BIOROWER with an equivalent item at any time. BIOROWER will announce this replacement at least six weeks in advance.
1) Replacement by means of a forwarding agent
In this case, the tenant is obliged to pack the current rental item in the original packaging supplied for transportation and to keep it ready for collection at a location that is accessible to the forwarding agent at ground level and protected from theft, damage and weather conditions. BIOROWER is responsible for the shipping costs to and from the site in the event of a replacement during the year. If the tenant does not comply with his obligation to cooperate, BIOROWER is entitled to commission technicians to collect the goods and to charge the costs to the tenant.
2) Replacement by BIOROWER technicians
As an alternative to a replacement by a forwarding agent, the customer is free to request a replacement by BIOROWER technicians. BIOROWER (the lessor) expressly reserves the right to refuse this request at any time without giving reasons. In the event of acceptance, the renter will receive a cost estimate / offer for this service and, if accepted by the renter, will be debited from the credit card or by direct debit before the service is carried out.
However, after 36 months at the latest, the rented item must be returned in its original packaging at the expense of the lessee. Alternatively, BIOROWER is free to offer the rented item to the lessee for purchase in accordance with the list set out in this contract.
§ 3 Terms of payment
a) The prices listed on the Internet (www.biorower.com) and the prices agreed in the rental agreement are valid for a maximum of 12 months. After this period, BIOROWER has the right to increase the rental prices by a maximum of 1% above the inflation rate officially set by the government. In the event of a rent increase, the tenant will be informed in writing one month prior to the price increase.
b) All rentals are paid monthly in advance until the time of return of the equipment. In the event of late payment, BIOROWER is entitled to charge interest on arrears at a rate of 5% above the prime rate (for consumers within the meaning of the Consumer Protection Act) and 9% above the prime rate (for companies).
c) The tenant authorizes BIOROWER to deduct the monthly rents from the tenant’s credit card entered in the rental agreement or to debit the account via SEPA basic direct debit. BIOROWER has the right to charge the full amount of the damage to the renter’s credit card in the event that the renter fails to return the equipment(s) at the end of the rental agreement or in the event that the equipment(s) is/are returned in a significantly worse condition than usual. Normal signs of wear and tear caused by the use of the device(s) will not be taken into account. The repair of damage to returned equipment will be charged at the applicable service technician hourly rates and spare parts prices. As of September 19, 2023, these are EUR 120 plus VAT for the technician working hour, the spare parts prices apply according to the price list or the respective valid online prices on biorower.com. Technician hourly rates are continuously adapted according to the respective inflation rate and cost adjustments and may be higher than stated in these rental conditions.
d) If rental amounts are outstanding or overdue or if the tenant violates this agreement, BIOROWER has the right to terminate the rental agreement in writing with a notice period of 7 days and to take all steps to retrieve the device(s). The tenant confirms to support BIOROWER in this. The renter shall bear all costs incurred, including legal and consultancy costs and interest between the time of termination of the rental agreement and the successful retrieval of the device(s).
e) BIOROWER must be informed immediately of any changes of address, credit card or bank account. If the tenant fails to do so, the tenant is obliged to bear the costs incurred (expenses for registration inquiries, bank chargeback costs, reminders, etc.).
f) When the customer takes over the device, administration costs of EUR 20 are due. These are usually offset against the refund of the deposit.
g) Upon termination of the rental contract by the customer, Euro 50,- for administration and collection of the device by BIOROWER are due. This is usually offset against the refund of the deposit.
§ 4 Deposit
BIOROWER charges a product deposit of 50% of the net purchase price. BIOROWER will retain this deposit until the end of the rental period and will credit it back to the tenant after return, in the event that the device has been returned in the same condition as it was delivered by BIOROWER to the tenant at the beginning of the rental period. Excluded from this are normal signs of wear and tear. If, at the time of return, rent has not yet been paid or other amounts are outstanding, BIOROWER has the right to offset these against the deposit. The tenant is not entitled to interest on the deposit. In the case of a so-called “buy-out”, i.e. in the event that the customer buys (out) the rented item, the deposit will be offset against the purchase price. The deposit does not bear interest.
§ 5 Repairs and maintenance
a) The Hirer shall bear the repair costs for any damage (with the exception of normal signs of wear and tear) to the appliance(s) and packaging caused during the term of the rental agreement and through the use of the appliance by the Hirer. The lessee shall also bear the costs in the event that the device is damaged during return transportation due to improper packaging. The renter must adhere to the packaging instructions provided by BIOROWER.
b) BIOROWER recommends the renter to insure the device against accidental damage or theft, as the renter is liable for these cases.
c) During the rental period, the customer is obliged to maintain the rental item in accordance with the manufacturer’s instructions and to document the maintenance work in accordance with the manufacturer’s instructions. Costs for service work and spare parts shall be borne by the Lessee.
d) Defects in the device that are covered by the warranty cannot be used as a reason for withholding rental payments.
e) If no service contract with on-site service has been concluded, BIOROWER will only supply the spare parts in warranty cases and offer remote support for self-installation. BIOROWER is not responsible for sending service technicians for warranty work. Should this be explicitly requested by the customer, labor and travel costs will be charged.
§ 6 Malfunction of the equipment
The tenant is obliged to inform BIOROWER immediately in the event that the device(s) is/are not functioning properly or is/are damaged. The tenant may not carry out any repair work on the appliance(s) without prior written confirmation from BIOROWER. BIOROWER will ensure to replace the appliance(s) within a practicable period of time in the event of an interruption in the operation of the appliance(s) (the appliance(s) cannot be used). This only applies in the event that a simple repair on site is not possible. This applies unless the device(s) has/have been misused or used for purposes for which it/they is/are not designed.
§ 7 Assignment of the rental agreement
a) BIOROWER is entitled to transfer the rental agreement in whole or in part to a third party by written notification to the tenant.
§ 8 Termination of the contractual relationship
a) The contractual relationship shall end upon written notification by the tenant to BIOROWER. The contractual relationship shall exist for a minimum of 3 months after delivery of the device(s) to the lessee. If the contract is not terminated by the tenant, the contractual relationship is automatically extended by a further month after the first three months. The notice period for terminating the rental contract is at least 4 weeks before the start date of your rental contract and must be given in writing.
b) At the time of termination of the contract, the renter must comply with the collection instructions that are current at that time. The contractual relationship ends automatically in the event that the tenant files for bankruptcy, makes an affidavit or is insolvent for other reasons.
c) In case of default of payment of two monthly installments, the contract can be terminated unilaterally by BIOROWER and the immediate return of the rental object can be demanded.
a.In this case, the rental item must be properly packed (as received) in the original packaging and handed over to the forwarding agent or directly to BIOROWER GmbH in Vienna within 7 calendar days. BIOROWER is entitled to have the item returned at the expense of the renter. Missing, damaged or incomplete original packaging will be charged to the customer. Likewise, any costs incurred for the return of the rented item will be charged to the lessee insofar as it is necessary to send packaging material for the return or, in the event that the lessee is unwilling or unable to pack the rented item as described above, to send a team of technicians with their own vehicle and packaging for the return.
All costs associated with the collection of the outstanding items shall be charged to the Lessee.
d) In the event of premature termination of the contract, the monthly installments shall be billed as rent. A refund is not provided for.
§ 9 Guidelines for collecting the device(s)
The customer must adhere to the collection guidelines provided by BIOROWER. The costs incurred in connection with the collection of the appliance(s) and stipulated in the rental agreement may be increased by a maximum of 1% above the inflation rate officially set by the Federal Statistical Office every 12 months.
§10 Liability
a) BIOROWER is not liable for any personal injury that occurs during the term of the rental contract. This also applies to persons and other living beings who use the device(s) or are in contact with the device(s) during the rental period. The hirer is advised to consult a doctor before using the device(s).
b) The renter is obliged to have taken out health insurance (private or statutory) which adequately covers injuries or death resulting from the use of the device(s).
c) Before the device(s) is/are used by the renter for training, the renter must ensure that all users of the device(s) have been instructed in detail about safe use, as described in detail in the BIOROWER user manual supplied.
§ 11 Warranty on purchase of the rental device(s)
a) If the renter decides to purchase the rental device(s) according to the specifications of the hire-purchase program, BIOROWER GmbH is liable for 1 year after conclusion of the purchase contract (invoice date) for any defects that occur on the basis of the statutory warranty requirements for used devices. The prerequisite for this is maintenance in accordance with the specifications. The customer can initially only demand repairs as a warranty. If the customer makes use of this right, BIOROWER GmbH is entitled to remedy the defect by repair and/or delivery of spare parts. The customer must provide the serial number of the device(s) when reporting the defect. After receipt of the replacement part, the defective part must be returned to BIOROWER GmbH, otherwise the warranty part will be invoiced.
b) If the repair or replacement part delivery fails, the customer is entitled to demand a reduction in price.
c) The warranty does not extend to damage for which the customer is solely responsible, such as damage caused exclusively by natural wear and tear, moisture, excessive heating of the rooms, other temperature and weather influences or improper handling of the goods.
d) Warranty claims for obvious defects expire if the customer does not report the defects within two weeks.
§12 Other provisions
a) Deviating agreements and/or additions to the rental contract must be made in writing. Should individual provisions be or become legally invalid or should there be a gap in the rental contract, this shall not affect the validity of the remaining content of the contract. Ineffective provisions shall be deemed to be replaced by such provisions, gaps shall be filled in such a way as best corresponds to the purpose expressed in the contract.
§ 13 Data protection
All data processing operations (e.g. collection, processing and transmission) are carried out in accordance with the statutory provisions. Your data required for business transactions will be stored by us for at least the duration of the tenancy. To the extent permitted by law and taking into account your respective interests worthy of protection in the exclusion of transmission or use, we may pass on address data to other companies, e.g. SCHUFA, for credit and credit checks before conclusion and during the tenancy. We reserve the right to inform tenants of new developments and changes to the rental program or the product itself.
§ 14 Place of jurisdiction
For all disputes arising from the contractual relationship, the competent court for the registered office of BIOROWER applies.
SCHUFA clause on service applications (special regulation for Germany)
The tenant hereby agrees that BIOROWER GmbH may transmit data to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, about the application, commencement and termination of this service contract and receive information about the tenant from SCHUFA. Irrespective of this, BIOROWER GmbH will also transmit data to SCHUFA due to non-contractual behavior (e.g. amount receivable after termination). According to the Federal Data Protection Act, these reports may only be made insofar as this is permissible after weighing up all the interests concerned. SCHUFA stores and transmits the data to its contractual partners in the European Single Market in order to provide them with information for assessing the creditworthiness of natural persons. SCHUFA’s contractual partners are primarily credit institutions, credit card and leasing companies. In addition, SCHUFA provides information to commercial, telecommunications and other companies that provide services and deliveries in return for credit. SCHUFA only provides personal data if a legitimate interest in this has been credibly demonstrated in individual cases. SCHUFA discloses address data to determine debtors. When providing information, SCHUFA can also provide its contractual partners with a probability value calculated from its database to assess the credit risk (score procedure). I can obtain information from SCHUFA about the stored data concerning me. The address of SCHUFA is: SCHUFA Holding AG, Verbraucherservice, Postfach 5640, 30056 Hannover, Germany
Alternatively, analogous rules apply for other countries.
§ 15 Severability clause
Should parts of these terms and conditions violate local mandatory law and be null and void, it shall be deemed agreed to make alternative arrangements for the affected parts that serve the purpose. Furthermore, all other parts of this agreement shall remain unaffected and valid.
