Terms and Conditions

These General Terms and Conditions constitute, together with the Confirmations in force at the time in question, an agreement between the Customer and Ytterstad Consulting AB with the Rekitchen brand. We provide private individuals the opportunity to rent kitchen products and equipment via our website, www.rekitchen.nu

As a consumer, consumer legislation applies to your order. Certain provisions in the Terms and Conditions only apply once a consumer relationship is in place. In this instance, this will be explicitly stated.

The Terms and Conditions apply to all Orders placed via the Website.

1 APPLICATION AND DEFINITIONS

1.1 Scope of application. These General Terms and Conditions shall be applied when Rekitchen rents kitchen products and kitchen equipment as well as other Rental Objects (as defined below) to the Customer.

The provisions of these General Terms and Conditions are applicable to all types of transactions between Rekitchen and the Customer unless otherwise stated for a specific provision or group of provisions and provided that Rekitchen and the Customer have not agreed otherwise in writing.

1.2 Consumer Terms and Conditions. Rekitchen’s liability is subject to the applicable consumer protection legislation and the provisions of these General Terms and Conditions are applied only to the extent that they do not conflict with mandatory provisions.

1.3 Definitions. These General Terms and Conditions contain the following defined terms that shall be interpreted as set out below: “Agreement” refers to the agreement between Rekitchen and the Customer regarding the rental of the Rental Object or such other agreement between Rekitchen and the Customer which (i) is entered into via the Website (as defined below) or otherwise; and (ii) is confirmed by Rekitchen by Confirmation (as defined in clause 2.1); “Rekitchen” refers to Ytterstad Consulting AB, Corp. ID no. 559334-6983, or any other company within the Rekitchen group that is indicated as a party to the Agreement.

“Rental Object” refers to each of the objects (kitchen equipment, kitchen product, kitchen machinery, home furnishings and/or other equipment or other movable property) that Rekitchen shall rent out to the Customer in combination as set out in the Agreement; “Customer” refers to the party with whom Rekitchen entered into the Agreement; and “Website” refers to Rekitchen’s website at the current web address www.rekitchen.nu

1.4 Relationship to the Agreement. These General Terms and Conditions form an integral part of the Agreement, and any references in these General Terms and Conditions to the “Agreement” also form part of these General Terms and Conditions. Non-conformities must be agreed in writing in order to come into effect.

2 Rekitchen GENERAL TERMS AND CONDITIONS WHEN RENTING

2.1 Order. An Agreement between Rekitchen and the Customer has only been entered into once Rekitchen has confirmed or otherwise approved the order (the “Confirmation”).

2.2 Payment. Payment for rent shall be made as set out in the provisions in the Confirmation or as Rekitchen otherwise instructs. In the event of late payment, late payment interest of 8 per cent is payable from the date the monthly payment should have been paid. Rekitchen reserves the right to demand compensation for any payment reminders issued and for delayed payment penalties according to Rekitchen’s policy in force at the time in question.

2.3 Prices. All prices for rent are stated in SEK including VAT, unless otherwise stated. For delivery to the Customer of the Rental Object, a delivery fee is added as indicated in the information on the Website. Rekitchen reserves the right to annually adjust the price for ongoing rentals in compliance with the Consumer Price Index (CPI) or another index applied by Rekitchen.

2.4 Rental Period. The rental period is calculated from the day the Rental Object as stated in the Agreement and the agreement with the Logistics Partner (as defined in clause 2.9) has been delivered to the location designated by the Customer. The duration of the rental period is specified in the Agreement and ends once the Rental Object is returned.

2.5 Right of Use. Rekitchen grants the Customer a limited right of use to the Rental Object in accordance with the terms and conditions of the Agreement. Nothing in the Agreement implies or shall be interpreted as the Customer obtaining ownership of the Rental Object. The right of use ends immediately once the rental period has expired.

2.6 Terms and Conditions of Use and Insurance. When using the Rental Object and over the course of the agreed rental period, the Customer shall take into account and comply with the following terms and conditions:

(a) The Customer is charged with a general duty of care in relation to the Rental Object, meaning that the Customer shall always maintain the Rental Object to ensure that it does not deteriorate beyond what is considered normal wear and tear and otherwise observe all the care that can reasonably be required;

(b) The Customer may only use the Rental Object in accordance with the Agreement and any associated instructions and for the purposes for which the Rental Object is typically intended;

(c) The Rental Object is rented in its existing condition, whereby it is specifically recorded if other customers have used the Rental Object previously, which may have resulted in normal wear and tear;

(d) During the rental period, the Customer shall handle and store the Rental Object in such a way that it is not exposed to any damage or unauthorised use or access;

(e) The Customer may not, without special permission from Rekitchen, sublet or sublease the Rental Object. (f) The Customer may not relabel or otherwise change the identification of the Rental Object. The Customer shall notify Rekitchen immediately if the Rental Object’s marking or other identification has been erased or has otherwise become illegible;

(g) The Customer must not incorporate or join the Rental Object with fixed or movable property;

(h) The Customer may not pledge, assign, rent or otherwise assign rights to the Rental Object to third parties

2.7 Delivery. Rekitchen’s logistics partner (the “Logistics Partner”) delivers Rental Objects to the Customer. The delivery time is indicated provisionally upon placement of order. Once the order is ready for delivery, the Customer will be contacted by the responsible Logistics Partner to schedule the delivery. Deliveries are made as far as possible at the time and to the location and address specified by the Customer. When receiving delivery, the Customer shall be able to present valid identification. If delivery is received on behalf of someone else, the recipient shall be able to show its own identification as well as that of the actual recipient. The Customer is responsible for facilitating the delivery of the Rental Object to the specified address and location. The Logistics Partner is entitled to refuse delivery to the requested location if it involves a risk of injury to persons, or damage to property, or if the delivery is not possible or can reasonably be considered unreasonable to execute in the opinion of the responsible Logistics Partner. Rekitchen reserves the right to demand compensation for any costs incurred if the delivery cannot be carried out due to circumstances attributable to the Customer, for example but not limited to the Customer not being available at the agreed time or at the location specified for the consignment. The Customer is obliged to check the delivered Rental Object upon receipt of delivery. Damages and non-conformities that are visible at the time of delivery must be notified directly to the driver or another party that the Customer has been notified is to receive the information and be noted on the shipping document. Rekitchen is not liable in relation to the Customer for any damages that occur in connection with the delivery. If the Customer wishes to make a claim due to the damages that occurred in connection with the delivery, the claim shall be submitted to the Logistics Partner who executed the delivery. The Rental Object is considered delivered to the Customer once the Rental Object is made available at the delivery location specified by the Customer.

2.8 Duty to Inspect. The Customer shall immediately carry out the necessary checks and thoroughly examine the Rental Object after receiving the Rental Object, and always before the Rental Object begins to be used. If the Customer discovers any damage or non-conformity during the inspection, the Customer shall immediately notify Rekitchen as set out in the terms and conditions stated in clause 2.11.

2.9 Complaints. Complaints in relation to a Rental Object shall be notified to Rekitchen immediately and no later than two weeks after the Rental Object has been made available to the Customer in order to be enforceable. If the Customer does not comment on the condition of the Rental Object within the above period, the Rental Object shall be considered as received in perfect condition.

2.10 Faults in the Rental Object. If the Rental Object is not in conformance with what has been stated in the Agreement to such an extent that the Rental Object can be considered faulty, and the fault or deficiency is not due to such damage for which the Customer is liable as stated in the terms and conditions of the Agreement, Rekitchen shall without unreasonable delay after the Customer’s complaint has been filed in accordance with clause 2.9 remedy the fault or the deficiency or perform a redelivery. The Customer is not obliged to pay rent during this remedial period.

2.11 Returns. The Customer reports planned returns to Rekitchen via the Website or otherwise in accordance with Rekitchen’s instructions provided at the time. The Customer shall then pack the goods in packaging of their choice in a secure manner. The Customer will then be sent a return shipping slip.

A Rental Object shall be considered as returned once the Rental Object is picked up by the Logistics Partner. Upon return, the Rental Object shall be in good condition, taking into account normal wear and tear. The product does not need to be cleaned. Rekitchen is otherwise entitled, in addition to invoking measures in the terms and conditions in the Agreement, to carry out the necessary cleaning, safety checks and repairs at the Customer’s expense. For all return deliveries, for example at the end of the rental period, the Customer shall assist Rekitchen and the Logistics Partner to enable the return delivery.

If the Customer has notified a return, the Customer shall, on Rekitchen’s behalf, take reasonable measures to maintain the Rental Object until the Rental Object is returned to Rekitchen. If the Customer fails to return a Rental Object to Rekitchen at the end of a fixed rental period, the Customer shall always pay rent for the Rental Object until the Rental Object is returned to Rekitchen as well as a delayed penalty as set out in Rekitchen’s policy in force at the time in question.

2.12 Theft. In the event of theft of the Rental Object during the rental period, the Customer is responsible for notifying and submitting a police report to Rekitchen. Until the police report is received by Rekitchen, the agreed rent for the Rental Object will be charged.

2.13 Damage to the Rental Object. The Customer is liable during the rental period for any losses attributable to the Rental Object and for all damages that do not constitute normal wear and tear. Rekitchen is entitled to compensation for all losses or damage. Damage shall be reported to Rekitchen pending a decision on whether and, if so, how the damaged Rental Object is to be repaired or replaced. If Rekitchen assesses that the Rental Object has been damaged to such an extent that it cannot be repaired, the Customer shall pay compensation to Rekitchen.

2.13 Damage to Other Property or Injury to Person. The Customer is responsible during the rental period for any damage or injuries that the Rental Object causes to the Customer’s or a third party’s property or staff. The Customer shall indemnify Rekitchen against all possible claims from third parties arising from any damage to property or injury to persons caused by the Rental Object and all consequential damage from such damage or injury during the rental period. Rekitchen is not responsible for the inappropriate or incorrect use, faulty assembly or installation of delivered Rental Objects by the Customer or a third party, nor for the careless handling, improper maintenance or any construction defects, provided that these circumstances are not attributable to Rekitchen.

2.14 Extenuating Circumstances. Rekitchen is exempt from any penalties for failure to execute an obligation as set out in this Agreement if the failure is based on such extenuating circumstances that are beyond the control of the parties and which prevents the performance thereof, such as but not limited to extreme weather conditions (including but not limited to fire, drought, flood and extreme cold), war, seized goods, currency restrictions, insurrections and riots, scarcity of raw materials, general scarcity and reductions in the supply of motive power and prolonged disruptions to transport, data or telecommunications or power supply.

2.15 Notice of Extenuating Circumstances. If a party wishes to invoke extenuating circumstances, the party shall immediately notify the other party of when the event began and when it is expected to end. The time for fulfilling the relevant obligation shall be extended for the duration of the extenuating circumstances.

2.16 Right of Termination. Both Rekitchen and the Customer (“Entitled Party”) are entitled to terminate the Agreement by written notice to the other party to enact immediate termination if the other party in the Agreement:

(a) fails to meet its obligations as set out in the Agreement or applicable law, if such a failure is of material importance to the Entitled Party, and provided that the party in breach has not taken remedial action no later than seven (7) days after written notification to this effect, specifying information on how the Entitled Party considers this to constitute a breach of the agreement;

(b) fails to make payment within the agreed time, suspends its payments, begins settlement negotiations with its creditors, becomes the subject of an application for personal bankruptcy, or the like, or (c) on repeated occasions fails to meet its obligations as set out in the Agreement, regardless of whether the individual failure is of material importance and the Entitled Party has given the party in breach written notice of this in compliance with clause 2.19(a) above.

2.17 Immediate Repossession. If a party terminates the Agreement with immediate effect based on clause 2.16 or another provision in the Agreement, Rekitchen is entitled to immediately repossess the Rental Object. In the event of such a repossession, the Customer shall assist Rekitchen and the Logistics Partner if engaged. If Rekitchen terminates the Agreement based on clause 2.16 or another provision in the Agreement, Rekitchen is entitled to full compensation for, for example, but not limited to lost rental income.

2.18 Exclusive Penalties. The penalties that are expressly stated in this Agreement are exclusive to the Customer, and consequently the Customer is not entitled to enforce other penalties due to Rekitchen’s failure to comply with the Agreement, unless otherwise required by mandatory law.

2.19 Rekitchen’s Liability. Rekitchen is only liable for direct damage arising as a result of Rekitchen’s negligence, and Rekitchen is therefore not liable for indirect damage such as loss of use, loss of data or other consequential financial loss.

2.20 Amount Limitation. Rekitchen’s total liability as set out in the Agreement shall not exceed fifty (50) per cent of the rental compensation paid by the Customer at the time of the damage of the Rental Object associated with the damage.

2.21 Transfer of the Agreement. The Customer is not entitled to assign parts or the whole of the Agreement to another party without Rekitchen’s written approval.

2.22 Intellectual Property Rights. The Customer understands that Rekitchen may rent out Rental Objects in which Rekitchen or third parties own intellectual property rights. Nothing in the Agreement shall imply that such intellectual property rights are transferred to the Customer or that the Customer otherwise acquires the right to use such intellectual property rights.

2.23 Updates to General Terms and Conditions. Rekitchen reserves the right to update the General Terms and Conditions. In the event of any updates, we will notify existing customers. If the Customer does not accept the new terms and conditions, the Customer is entitled to terminate the Agreement. To the extent that the terms and conditions are updated, new orders are subject to the new General Terms and Conditions as of the day they are published on the Website.

2.24 Statutory Right of Withdrawal for the Customer. If the Customer makes an assertion as a consumer in relation to Rekitchen, the Customer has a statutory right under the Act (2005:59) on distance contracts and off-premises contracts to cancel the Agreement (“Right of Withdrawal”). The Customer is entitled to exercise the Right of Withdrawal in relation to Rekitchen, which means a right to withdraw from the Agreement and return the Rental Object without giving any reason within fourteen (14) days. The cancellation period of fourteen (14) days runs from the day the Customer or a third party indicated by the Customer, but not the Logistics Partner, has received possession of the last Rental Object as set out in the Agreement. If the Customer wishes to exercise the Right of Withdrawal, the Customer shall clearly inform Rekitchen of this, for example through a notification to the following address: Ängsvägen 18, SE-435 43 Pixbo, Sweden, or via e-mail to: info@rekitchen.nu. The Customer can also use the standard form for exercising the Right of Withdrawal available on the Swedish Consumer Agency’s (Konsumentverket) website. For the Customer to be considered to have exercised the Right of Withdrawal in time, it is sufficient for the Customer to notify Rekitchen that the Customer intends to exercise the Right of Withdrawal before the cancellation period has expired. The Customer is obliged to, without undue delay, and at the latest within fourteen (14) days from the day the Customer notified Rekitchen of their wish to exercise the Right of Withdrawal, return the Rental Objects which, according to the agreement, are covered by the Customer’s Right of Withdrawal. The Rental Objects shall be returned by the Customer to the address indicated by Rekitchen AB. The return shipment costs shall be paid for by the Customer. Return shipment costs can differ greatly in size depending on the varying nature of the order in terms of the quantity and dimensions of the products. By way of example, Rekitchen estimates a return shipment cost of an average order at SEK 120. If the Customer exercises the Right of Withdrawal, Rekitchen will refund all payments received by Rekitchen as stated in the cancelled Agreement from the Customer, including shipment costs. The refund will be made as soon as possible and no later than fourteen (14) days from the day Rekitchen received the Customer’s notification of the wish to exercise the Right of Withdrawal. Rekitchen will use the same payment method for the refund that the Customer used for the order in question, unless Rekitchen and the Customer expressly agree otherwise. Rekitchen reserves the right to delay the refund until Rekitchen has received the returned Rental Object from the Customer or the Customer has provided proof that the Customer has returned the Rental Object. A condition for a full refund is that the Rental Object is sent back in the same condition as the Rental Object was in when the Customer received the Rental Object. If a decrease in value can be determined due to the Customer’s handling of the Rental Object (other than what is necessary to determine the properties and performance of the Rental Object), the Customer is obliged to compensate for it. The Customer’s Right of Withdrawal does not apply to the extent that the Rental Object has been manufactured or adapted in line with the consumer’s instructions with features beyond Rekitchen’s standard range or that has otherwise been given a clear personal touch.

2.25 Applicable Law. Swedish law shall apply to the Agreement

2.26 Dispute Resolution. Disputes arising from this Agreement shall ultimately be settled according to Swedish law and by a general court in cases where the parties do not agree in writing on arbitration.

2.27 Personal Data Processing. Rekitchen’s processing of personal data in relation to the signing of the Agreement is regulated by Rekitchen’s Privacy Policy published on the Website available here.