The Rental Service Provider and Identity of the enterprise
Name: Run-It
Business address: Kleine Negenbundersstraat 44, 3511 Kuringen, Belgium
Email address: brechtc@run-it.be
VAT identification number: BTW BE1019077050
Phone: +32497744321
General Rental Agreement version 25.1 dated 25/02/2025
Background
Run-It
(hereinafter referred to as "the Provider") offers a rental service
for performance running shoes (hereinafter referred to as "the
Service"). The Service is made available to individuals (hereinafter
referred to as "the Renter") who wish to rent running shoes for
personal use. The Provider is operated by Brecht Colemont, a self-employed
professional under Belgian law acting in a secondary occupation. By offering
this Service in a personal, self-employed capacity, the Provider explicitly
disclaims any representation or implication that the Service is provided by a
corporate entity or that any employer-employee relationship exists. The
Provider’s operations, obligations, and liabilities are limited to those
expressly set forth in these Terms & Conditions, and the Provider shall not
be held responsible for any claims arising out of its status as a self-employed
individual. This Rental Agreement (hereinafter referred to as "the
Agreement") sets forth the terms and conditions governing the rental of
running shoes from the Provider by the Renter. By engaging with the Service,
the Renter acknowledges and agrees to be bound by the terms and conditions
outlined in this Agreement.
The Agreement applies to the rental of performance running shoes offered by the
Provider through the Service. The Service is available to Renters located
within Belgium.
The Agreement shall become effective upon the Renter's acceptance of these terms
and conditions, which shall be deemed to have occurred upon the Renter's first
rental of running shoes from the Provider.
In the event of any conflict or ambiguity between the terms and conditions of this
Agreement and any other document or communication, the terms and conditions of
this Agreement shall take precedence.
By clicking the “I have read and agreed with the Rental Agreement” button, you, the
Renter, acknowledge and agree that you have read, understood, and accept all
terms and conditions contained in this Rental Agreement. Your click serves as
your electronic signature and constitutes a binding agreement between you and
the Rental Service Provider. The personal information you provide during
registration (such as your name, address, email, and phone number) will be
associated with your acceptance of this Agreement and maintained as part of our
records.
By entering into this Agreement, the Renter acknowledges that they have read, understood, and agreed to be bound by the Terms & Conditions and Disclaimer. These documents outline additional rights, responsibilities, limitations of liability, and conditions applicable to the rental service. The Renter further acknowledges that they have had the opportunity to review these documents and seek clarification on any provisions before accepting this Agreement.
Definitions
Agreement means this written document, including all terms, conditions, and attachments, governing the rental of
running shoes from the Provider to the Renter.
Provider or Run-It means
Run-It, the entity operated by Brecht Colemont, a self-employed professional in
a secondary occupation providing the rental service for running shoes.
Renter means the individual or entity
renting the running shoes from the Provider, as identified in this Agreement.
Rent means the act of temporarily providing running shoes to the Renter in exchange for payment, under the terms outlined in this Agreement.
Rental Period means the
duration for which the Renter is authorized to use the rented running shoes, as
specified in this Agreement.
Rental Fee means the
non-refundable fee charged by the Provider to the Renter for the rental of
running shoes.
Security Deposit means the
refundable amount paid by the Renter to the Provider as a guarantee against
damage, loss, or non-return of the rented shoes.
Late Fee means the additional fee charged by
the Provider to the Renter if the Renter fails to return the rented shoes by
the agreed-upon due date.
Damage Fee means the fee
charged by the Provider to the Renter for excessive wear, unauthorized
modifications, or damage to the rented shoes beyond normal use.
Normal Use means the
expected and reasonable use of the rented running shoes for their intended
purpose, without causing excessive wear, damage, or modifications.
Excessive Wear means damage
or deterioration of the rented shoes beyond what is considered normal use,
including but not limited to scuffs, tears, permanent stains, or alterations
that affect the shoes' performance or appearance.
Unauthorized Modifications means
any changes, alterations, or additions made to the rented shoes without the
prior written consent of the Provider, including but not limited to applying
substances, attaching accessories, or altering the shoes' structure or
materials.
Rental Terms
Rental Eligibility
The Renter
must be at least 18 years of age or have verifiable parental or legal guardian
consent to enter into this Agreement.
The Service
is available only to individuals residing within Belgium.
The Provider reserves the right to verify the Renter's identity and eligibility
through appropriate means, including but not limited to requesting
government-issued identification documents.
Rental Process
The Renter
shall follow the prescribed reservation or booking process to secure the rental
of performance running shoes from the Provider.
TheProvider shall make available a selection of shoe models for rental, subject to
availability and at the Provider's sole discretion.
The Renter
shall select the desired rental duration from the options provided by the
Provider, which may include 3-day rental periods.
The Renter
shall follow the Provider's procedures for pickup and return of the rented
shoes, including any specified locations, dates, and times.
Rental Fees and Charges
The Renter
shall pay the applicable rental fee, as determined by the Provider's fee
structure.
The Renter
shall pay a refundable security deposit, as specified by the Provider, which
shall be refunded upon the acceptable return of the rented shoes.
The Renter
shall be liable for late fees, as specified by the Provider, for any delay in
returning the rented shoes beyond the agreed-upon rental period.
The Renter
shall be liable for charges related to excessive wear, damage, or loss of the
rented shoes, as determined by the Provider's assessment and in accordance with
the terms of this Agreement.
All Rental Fees, Security Deposit amounts, and other charges listed by the Provider include VAT (if applicable) unless explicitly stated otherwise.
Rental Period and Extensions
The rental
period shall commence upon the Renter's possession of the rented shoes and
shall expire on the agreed-upon return date.
The
Provider may impose limitations or restrictions on the extension of the rental
period, including but not limited to additional fees or charges.
In the event that delivery is delayed by circumstances beyond the Renter’s control,
the rental period shall commence on the actual day the Renter takes possession
of the shoes and shall continue for the full designated rental duration. For
example, if the shoes are received on Tuesday instead of the scheduled Monday,
the return deadline shall be correspondingly adjusted to ensure that the Renter
receives the full rental period originally agreed upon.
For the purposes of this Agreement, the rental shall be deemed complete for the Renter
on the designated return day upon either (a) the postal office's formal
registration of the package containing the rented shoes, or (b) the Provider’s
formal acceptance of the shoes at the Provider’s stock location.
If the Renter fails to collect the shoes promptly when they have been delivered as
scheduled, the rental period shall still be deemed to have commenced on the
original delivery date, and no extension of the rental period shall be granted.
Renters who opt for home delivery shall be solely responsible for ensuring
their availability to receive the package. In instances where the shoes are
left at the designated delivery address due to the Renter’s absence, the rental
period shall be deemed to have begun on the date of delivery.
Rental Limitations and Restrictions
The Renter
shall use the rented shoes solely for personal use and shall not resell,
sublet, or use the rented shoes for commercial purposes.
The Renter
shall not modify, alter, or make unauthorized changes to the rented shoes.
The
Provider may impose geographical limitations or restrictions on the use of the
rented shoes, which shall be communicated to the Renter.
The Renter
acknowledges and agrees that the rental shoes provided under this Agreement are
expressly designed for road running and are not intended for trail running or
off-road use. The Renter further acknowledges that using the shoes on terrains
other than those for which they are designed may result in excessive wear,
damage, or deterioration. Accordingly, the Provider shall not be liable for any
such damage incurred as a result of unauthorized use. The Renter is hereby
obligated to adhere strictly to the usage guidelines as set forth in this
Agreement.
Rental Termination
The
Provider reserves the right to terminate the rental agreement early in the
event of a material breach of this Agreement by the Renter, including but not
limited to non-payment of fees, unauthorized use, or violation of rental
limitations and restrictions.
The Renter
may terminate the rental agreement early by following the Provider's prescribed
procedures and shall be subject to any applicable fees or penalties.
In the
event of early termination, the Renter shall promptly return the rented shoes
to the Provider and shall be liable for any outstanding fees, charges, or
penalties.
Rental Modifications
The
Provider reserves the right to modify the terms and conditions of this
Agreement at any time, with or without prior notice to the Renter.
The
Renter's continued use of the Service after any modifications shall constitute
acceptance of the modified terms and conditions.
Rental Cancellations
The Renter
may cancel a rental reservation or booking, subject to the Provider's
cancellation policy and procedures.
The
Provider's cancellation policy shall specify any applicable fees, charges, or
penalties, as well as refund policies for cancellations.
Rental Renewals
The Renter
may not request to renew or extend the rental agreement, subject to the
Provider's approval and availability of the rented shoes.
The
Provider may impose limitations or restrictions on the renewal or extension of
the rental agreement, including but not limited to additional fees or charges.
Rental Inspections
The
Provider reserves the right to inspect the rented shoes upon return to assess
their condition and determine any applicable charges or penalties.
The Renter
shall be liable for any charges or penalties resulting from the failure of the
rented shoes to pass the Provider's inspection, including but not limited to
charges for excessive wear, damage, or loss.
Upon
receipt of the rented shoes, the Renter shall promptly inspect the shoes to
verify that the size and fit conform to their requirements. Should the Renter
determine that the size or fit is incorrect, the Renter shall return the shoes
in accordance with the Provider’s return instructions. Upon receipt and
satisfactory condition of the returned shoes, the Provider shall issue a code
enabling the Renter to rent the same shoe model in an alternative size at no
additional rental fee. The Renter acknowledges and agrees that all shipping
costs incurred in connection with such an exchange, including both the return
shipment and the subsequent delivery of the replacement shoes, shall be borne
solely by the Renter.
Rental Records and Documentation
The
Provider shall maintain accurate records and documentation related to the
rental of shoes, including but not limited to rental agreements, payment
records, and inspection reports.
The Renter
shall provide any necessary documentation or information required by the
Provider for the rental process, including but not limited to identification
documents and payment information.
Rental Compliance
The Renter
shall comply with all applicable laws, regulations, and industry standards
related to the rental and use of the (performance) running shoes.
The
Provider reserves the right to take appropriate action, including but not
limited to termination of the rental agreement and legal action, in the event
of the Renter's non-compliance with applicable laws, regulations, or industry
standards.
Payment and Charges
The Renter
shall pay a non-refundable Rental Fee to the Provider before the shipment of
the rented shoes. The Rental Fee shall be determined by the Provider and
communicated to the Renter prior to the rental transaction.
The Renter
shall pay a refundable Security Deposit to the Provider, which shall be equal
to 40% of the retail value of the rented shoes. The Security Deposit shall be
refunded to the Renter upon the acceptable return of the shoes, subject to the
terms and conditions of this Agreement.
If the
Renter fails to return the rented shoes on or before the due date, the Renter
shall be liable to pay a Late Fee of €15 per day for each day after the due
date, up to a maximum amount equal to the full retail value of the rented
shoes.
The
Provider reserves the right to charge Damage Fees to the Renter for any
excessive wear, modifications, or damage to the rented shoes beyond normal use.
"Normal use" shall be defined as the expected wear and tear resulting from the
intended use of the rented shoes for personal running activities, subject to
adherence to the care guidelines provided by the Provider.
"Excessive
wear" shall include, but is not limited to, significant scuffs, tears, or
discoloration beyond what is considered normal use.
"Unauthorized modifications" shall include any alterations, additions, or changes to the
rented shoes without the prior written consent of the Provider.
The Damage
Fees shall be determined by the Provider based on the extent of the damage and
may be charged up to the full amount of the Security Deposit.
If the
Renter fails to return the rented shoes within 7 days after the due date, the
Security Deposit shall be forfeited, and the Renter shall be charged the full
retail value of the rented shoes.
The Renter
hereby authorizes the Provider to charge the provided payment method for any
applicable fees, including but not limited to the Rental Fee, Late Fees, Damage
Fees, and the full retail value of the rented shoes in case of non-return or
theft, without further consent from the Renter.
The
Provider shall accept payment from the Renter via the provided payment methods.
The Renter shall maintain valid payment details on file with the Provider
throughout the rental period and any subsequent periods during which fees may
be incurred.
Discounts
and promotions offered by the Provider shall be subject to the terms and
conditions specified by the Provider. Unless explicitly stated otherwise,
discounts and promotions cannot be combined or applied cumulatively.
Shoe Usage and Care
The Renter
shall use the rented shoes solely for personal, non-commercial purposes. The
Renter is strictly prohibited from reselling, subletting, or using the rented
shoes for any commercial or business-related activities.
The Renter
shall not make any unauthorized modifications, alterations, or excessive wear
to the rented shoes beyond normal use. The application of unauthorized
substances, such as waterproof sprays, glue, dyes, or any other materials, to
the rented shoes is strictly prohibited.
The Renter
shall return the exact same shoes that were rented from the Provider.
Substitutions or counterfeits will be considered fraudulent and may result in
legal action against the Renter.
The Renter
shall adhere to the following care guidelines during the rental period:
The Renter shall use the provided SmellWell
pouches or similar odor-absorbing products to maintain the freshness and
hygiene of the rented shoes.
The Renter shall keep the rented shoes clean
and dry before and after testing, avoiding exposure to excessive moisture,
dirt, or other damaging conditions.
Failure to
follow the care guidelines may result in additional cleaning fees or penalties.
Unauthorized
modifications, excessive wear beyond normal use, or failure to follow the care
guidelines may result in penalties, including but not limited to:
Forfeiture of the security deposit, either
partially or in full.
Additional damage fees or charges.
Termination of the rental agreement.
The Renter
shall inspect the rented shoes upon receipt and report any issues or defects
immediately to the Provider. By using the rented shoes, the Renter accepts
their condition and assumes responsibility for their proper care and
maintenance during the rental period.
Shipping and Returns
The
Provider shall ship the rented shoes to the Renter using a reputable carrier.
The Provider shall not be responsible for any delays or issues arising during
the shipping process.
The Renter
shall inspect the rented shoes immediately upon receipt and notify the Provider
of any defects or issues within 24 hours of delivery.
The Renter shall
return the rented shoes to the Provider by the due date specified, which shall be:
For a
rental of one (1) pair of shoes, the return date shall be the Wednesday
following the Monday delivery.
For a
rental of two (2) or three (3) pairs of shoes, the return date shall also be Wednesday following the Monday delivery.
If the
Renter fails to return the rented shoes by the due date, the Renter shall be
subject to a late fee of €15 per day, up to the maximum of the full retail
price of the rented shoes.
If a
Renter's rental is delayed due to a previous Renter's failure to return the
shoes on time, the affected Renter shall receive a discount voucher for free shipping to
be applied towards their next rental.
The Renter may rent running shoes by selecting a rental period and choosing between Local Pickup or Shipping:
-
Local Pickup: Shoes can be collected from the Provider’s business address from Sunday (day before the start of the rental period) after 4 PM until Wednesday (day of the end of the rental period). The Renter must return them before the rental period ends.
-
Shipping: The shoes shall be delivered on the designated date. The Renter is required to return them either by depositing them at a PostNL pickup point or by delivering them in person to the business address before the expiration of the rental period.
The Renter choosing Local Pickup must notify the Provider at brechtc@run-it.be of their expected pickup and return times.
If the Renter selects Local Pickup, no shipping fees apply. However, the Renter must ensure timely pickup and return within the agreed rental period
Unless
otherwise specified, the Renter shall bear all costs associated with the (return)
shipping of the rented shoes to the Provider.
If the
Renter fails to return the rented shoes within seven (7) days after the due
date, the Renter's security deposit shall be forfeited, and the Renter shall be
charged the full retail price of the rented shoes.
Damage, Loss, and Theft
Security
Deposit. The Renter shall pay a refundable security deposit equal to fifty
percent (32%) of the retail value of the rented shoes ("Security
Deposit") prior to the commencement of each rental period. The Security
Deposit shall be held by the Provider as security for the Renter's full and
faithful performance of all terms and conditions of this Agreement.
Damage and Excessive Wear.
The Renter
shall be responsible for any damage to the rented shoes beyond normal wear and
tear, as well as any excessive wear or unauthorized modifications made to the
shoes during the rental period.
"Damage"
shall include, but is not limited to, cuts, tears, stains, discoloration,
deformation, or any other alteration that impairs the functionality or
appearance of the shoes.
"Excessive
wear" shall be determined by the Provider based on the condition of the
shoes upon return, taking into account the duration of the rental period and
the expected level of wear for normal use.
Unauthorized
modifications shall include, but are not limited to, the application of any
substances (e.g., waterproof sprays, glue, dyes), alterations to the shoe's
structure or materials, or any other changes made without the Provider's prior
written consent.
In the
event of damage, excessive wear, or unauthorized modifications, the Provider
reserves the right to deduct an amount up to the full Security Deposit from the
Renter to cover the cost of repairs, cleaning, or replacement of the shoes.
Loss or Theft.
The Renter
shall be solely responsible for the rented shoes during the rental period and
shall take all reasonable precautions to prevent their loss or theft.
In the
event of loss or theft, the Renter shall immediately notify the Provider in
writing, but in no event later than twenty-four (24) hours after becoming aware
of such loss or theft.
Upon
notification of loss or theft, the Renter shall be liable for the full retail
value of the rented shoes, and the Provider shall be entitled to deduct such
amount from the Security Deposit and charge the Renter for any remaining
balance.
Return of Substituted or Counterfeit Shoes.
The Renter
shall return the exact same shoes that were rented from the Provider.
The return
of substituted or counterfeit shoes in place of the original rented shoes shall
be considered fraudulent and may result in legal action against the Renter, in
addition to the forfeiture of the Security Deposit and any other applicable
fees or charges.
Liability for Damages.
The Renter
shall be solely responsible for any damages or losses caused by their actions
or negligence during the rental period, including but not limited to damage to
the rented shoes or any third-party property.
The
Provider shall not be liable for any damages, injuries, or losses resulting
from the use of the rented shoes by the Renter or any third party.
Inspection and Documentation.
The Renter
shall inspect the rented shoes upon receipt and promptly report any
pre-existing damage or issues to the Provider.
The
Provider shall document the condition of the rented shoes before and after each
rental period.
In the
event of a dispute regarding the condition of the rented shoes or the
assessment of any fees or charges, the Provider's documentation shall be
considered as prima facie evidence of the shoes' condition.
Dispute Resolution.
Any
disputes arising from the assessment of damages, excessive wear, or fees
related to the rented shoes shall be resolved through good-faith negotiations
between the Renter and the Provider. In the event that such negotiations do not
result in a mutually acceptable resolution, the dispute shall be subject to the
exclusive jurisdiction of the Belgian courts and governed by Belgian law. If
the parties are unable to reach a resolution within thirty (30) days, the
dispute shall be submitted to a mutually agreed upon third-party arbitrator or
mediator, whose decision shall be final and binding upon both parties.
Hygiene and Sanitation
The
Provider shall ensure that all rented shoes undergo strict cleaning and
sanitation procedures before each rental, in accordance with applicable health
and safety regulations.
The Renter
shall be responsible for maintaining the cleanliness and hygiene of the rented
shoes during the rental period. The Renter shall follow all care guidelines
provided by the Provider, including but not limited to the use of SmellWell
pouches and keeping the shoes clean and dry.
The Renter
shall not apply any unauthorized substances, such as waterproof sprays, glue,
dyes, or any other chemicals, to the rented shoes. The Renter shall not make
any unauthorized modifications or alterations to the shoes.
If the
shoes are returned in an unsanitary condition, such as excessive dirt, odor, or
stains, the Provider reserves the right to impose additional cleaning fees on
the Renter. An "unsanitary condition" shall be determined at the sole
discretion of the Provider and may include, but is not limited to, visible
stains, strong odors, or the presence of foreign substances on the shoes.
The
Provider shall inspect the returned shoes for cleanliness and hygiene. If the
Provider deems the shoes to be in an unsanitary condition, the Provider shall
notify the Renter and provide an itemized list of additional cleaning fees to
be charged.
The Renter
shall be responsible for paying any additional cleaning fees imposed by the
Provider for the return of shoes in an unsanitary condition. The Provider
reserves the right to deduct such fees from the Renter's security deposit or
charge the Renter's payment method on file.
The
Provider reserves the right to reject the return of shoes deemed unsanitary and
impose appropriate fees or penalties, including but not limited to forfeiture
of the security deposit and charges for the full retail value of the shoes.
Cancellations and Refunds
The Renter
may cancel a rental order by submitting a cancellation request to Run-It
through the designated communication channel (e-mail) before 12:00 AM on the
Friday preceding the scheduled delivery date.
Upon timely
cancellation, the Renter shall be entitled to a refund of any rental fees paid
in advance, subject to the following conditions:
Rental fees are non-refundable if the
cancellation request is received after the deadline.
Membership fees paid by the Renter are
non-refundable under any circumstances.
Security deposits paid by the Renter shall be
refunded only upon the acceptable return of the rented shoes.
If the Renter fails to submit a timely
cancellation request in accordance with the cancellation policy, the Provider reserves the
right to charge the Renter the full rental fee and any applicable penalties or
fees as outlined in this Agreement.
Refunds, when applicable, shall be processed
and credited back to the Renter's original payment method within 7-10 business
days from the date of the cancellation request or the acceptable return of the
rented shoes, whichever is later.
The Provider may deduct any outstanding fees,
penalties, or charges owed by the Renter from the refund amount before
processing the refund.
In the
event of exceptional circumstances, such as force majeure events or errors
attributable to the Provider, the Provider may, at its sole discretion, waive
or modify the cancellation and refund policies outlined in this Section.
14-Day
Withdrawal Period and Limitations
Notwithstanding the Renter's statutory right to withdraw from this Agreement within fourteen (14) days of receipt of the rented shoes, such withdrawal right shall not apply once the shoes have been delivered to the Renter and the rental period has commenced. By accepting delivery of the rented shoes, the Renter acknowledges that the rental service has been made available in full. Accordingly, any request for cancellation or withdrawal after delivery shall not entitle the Renter to a full refund. The Provider reserves the right to refuse any refund or, at its sole discretion, withhold a reasonable portion of the Rental Fee to account for the availability and presumed use of the rental service, regardless of whether actual use can be verified
Liability and Waivers
The Renter
acknowledges and agrees that they are using the rented shoes at their own risk
and assumes all risks associated with the use of the rented shoes, including
but not limited to potential injuries, accidents, or damages.
The
Provider (Run-It and Brecht Colemont) shall not be liable for any injuries,
accidents, or damages resulting from the use of the rented shoes, including but
not limited to:
Running-related injuries, such as blisters,
muscle strain, stress fractures, or any other injuries sustained during or as a
result of running or physical activity while wearing the rented shoes.
Accidents, slips, falls, or collisions that may
occur while wearing the rented shoes.
Third-party property damage caused while using
the rented shoes.
The Renter hereby waives their right to file
any legal claims against the Provider regarding the fit, performance, or
condition of the rented shoes, including but not limited to claims related to
the suitability of the shoes for the Renter's intended use.
The Provider shall not be liable for any
indirect, consequential, or special damages, including but not limited to lost
training time, missed race opportunities, or diminished performance, arising
from the use of the rented shoes.
The limitation of liability and waiver of
claims set forth in this section shall be in compliance with Belgian consumer
protection laws and any other relevant regulations, and shall not attempt to
waive liability for gross negligence, willful misconduct, or any other
situations where liability cannot be legally waived.
Nothing in this Agreement shall limit any mandatory rights that the Renter, as a consumer, may have under Belgian consumer protection laws. In the event of any conflict between this Agreement and such mandatory consumer protections, the latter shall prevail.
If any part
of this section is found to be invalid or unenforceable, the remaining portions
shall remain in full force and effect.
Payment Security
The
Provider shall implement and maintain industry-standard security measures to
protect the confidentiality, integrity, and availability of the Renter's
payment information and personal data. These measures shall include, but are
not limited to, encryption, access controls, and secure storage.
The
Provider shall comply with all applicable laws and regulations related to data
protection and payment security, including but not limited to the General Data
Protection Regulation (GDPR) and the Payment Card Industry Data Security
Standard (PCI DSS).
The
Renter's payment information shall be processed securely using
industry-standard encryption protocols and shall be transmitted and stored in
compliance with PCI DSS requirements.
The
Renter's personal data shall be collected, processed, and stored in accordance
with the GDPR and other applicable data protection laws and regulations.
The
Provider shall only use the Renter's personal data for the purposes of
providing the Service, processing payments, and complying with legal
obligations.
The
Provider shall not share the Renter's personal data with third parties, except
as required by law or for the purposes outlined in this Agreement.
The
Provider shall retain the Renter's payment information and personal data only
for as long as necessary to fulfill the purposes for which it was collected, or
as required by applicable laws and regulations.
The
Provider shall implement secure disposal procedures for the Renter's payment
information and personal data after the retention period has expired.
The Renter
shall provide accurate and up-to-date payment information and personal data to
the Provider and shall promptly notify the Provider of any changes or suspected
unauthorized access or use.
The
Provider shall not be liable for any unauthorized access, use, or disclosure of
the Renter's payment information or personal data, except in cases of gross
negligence or willful misconduct by the Provider.
The Renter
shall indemnify and hold the Provider harmless from and against any claims,
losses, damages, or expenses arising from the Renter's failure to comply with
their obligations under this section.
The
Provider shall implement and maintain appropriate incident response and
notification procedures to address any suspected or confirmed data breaches or
security incidents involving the Renter's payment information or personal data.
The
Provider shall promptly investigate and respond to any such incidents and shall
take reasonable measures to mitigate the potential consequences.
The
Provider shall notify the Renter of any data breach or security incident
involving the Renter's payment information or personal data, as required by
applicable laws and regulations.
If the
Provider uses third-party service providers for payment processing or data
storage, the Provider shall ensure that such service providers comply with
relevant security and data protection standards, including PCI DSS and GDPR.
Dispute Resolution
This Rental
Agreement shall be governed by and construed in accordance with the laws of
Belgium. Any disputes arising from or related to this Agreement shall be
subject to the exclusive jurisdiction of the courts in Belgium.
In the
event of any dispute or disagreement arising out of or relating to this
Agreement, the parties shall first attempt to resolve the dispute through good
faith negotiations and mediation.
Either
party may initiate negotiations by providing written notice to the other party,
setting forth the nature of the dispute and a proposed resolution.
If the
dispute cannot be resolved through negotiations within thirty (30) days from
the date of the written notice, either party may request the appointment of a
mediator to assist in resolving the dispute.
The
mediator shall be appointed by mutual agreement of the parties or, if the
parties cannot agree, by the President of the Belgian Centre for Arbitration
and Mediation (CEPANI).
The
mediation shall be conducted in accordance with the CEPANI Mediation Rules, and
the costs of the mediation shall be borne equally by the parties.
If the
dispute cannot be resolved through mediation within sixty (60) days from the
appointment of the mediator, either party may submit the dispute to binding
arbitration in accordance with the CEPANI Rules of Arbitration.
The
arbitration shall be conducted by a sole arbitrator appointed by mutual
agreement of the parties or, if the parties cannot agree, by the President of
CEPANI.
The seat of
arbitration shall be Brussels, Belgium, and the language of the arbitration
proceedings shall be English.
The
decision of the arbitrator shall be final and binding upon the parties, and the
award may be enforced in any court of competent jurisdiction.
If the
parties do not agree to submit the dispute to arbitration, or if the dispute
cannot be resolved through arbitration, either party may pursue legal action in
the appropriate courts of Belgium.
The
prevailing party in any legal proceedings or arbitration shall be entitled to
recover from the other party all reasonable costs and expenses incurred,
including attorneys' fees, arbitration fees, and court costs.
Any legal
action or claim arising out of or relating to this Agreement must be brought
within one (1) year from the date on which the cause of action accrued, or it
shall be barred.
During the
dispute resolution process, the parties shall continue to perform their
respective obligations under this Agreement, unless otherwise agreed or ordered
by a court or arbitral tribunal.
If you have a complaint about our services, you may also contact the Belgian Consumer Mediation Service (via consumentenombudsdienst.be) or the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
If any
provision of this Section is found to be invalid or unenforceable, the
remaining provisions shall remain in full force and effect.
Force Majeure
For the
purposes of this Agreement, "Force Majeure Event" shall mean any
event or circumstance beyond the reasonable control of either party, including
but not limited to acts of God, natural disasters, wars, civil disturbances,
labor strikes, pandemics, governmental actions, or any other cause that renders
performance of the Agreement impossible or impracticable.
In the
event of a Force Majeure Event, the Provider shall have the right to adjust the
rental period or delivery schedule as necessary to account for any delays or
disruptions caused by the Force Majeure Event.
The Renter
shall not be held responsible for any late returns or penalties resulting from
a Force Majeure Event.
If a Force
Majeure Event prevents the Provider from delivering the rented shoes or makes
it impossible to fulfill the rental agreement, the Provider may, at its sole
discretion, cancel the rental and issue a refund or reschedule the rental for a
later date.
Both
parties shall promptly notify the other party of any Force Majeure Event that
may impact the performance of this Agreement and shall cooperate in good faith
to mitigate the effects of such an event.
The Force
Majeure Event shall not excuse either party from obligations that can still be
reasonably performed despite the occurrence of the event.
The Force
Majeure Event shall not apply to financial difficulties or other circumstances
within the control of either party.
If a Force
Majeure Event persists for an extended period, rendering performance of the
Agreement impossible or impracticable, either party may terminate this
Agreement upon written notice to the other party, without further liability or
obligation, except for any obligations that arose prior to the Force Majeure
Event.
Neither
party shall be liable for any damages or losses resulting from a Force Majeure
Event, except for obligations that arose prior to the Force Majeure Event.
Data Privacy
The
Provider collects and processes the Renter's personal and payment information
solely for the purposes of facilitating the rental service, processing
transactions, and communicating with the Renter regarding their rental. The
Renter hereby consents to the collection and use of their personal data for
these purposes.
The
Provider’s online platform is hosted on Shopify, which maintains its own
Privacy Policy governing the collection, storage, and use of personal and
payment information. Accordingly, to the extent that any such data is processed
via Shopify, such processing shall be subject to and governed by Shopify’s
Privacy Policy, which is available at Privacy policy – Run-It.
The Renter
has the right to access, rectify, or delete their personal information held by
the Provider, as well as the right to object to or restrict certain data
processing activities, in accordance with applicable data protection laws and
regulations.
In the
event of a data breach involving the Renter's personal information, the
Provider shall promptly notify the Renter and take appropriate measures to
mitigate the potential consequences of the breach, in compliance with
applicable laws and regulations.
The
Provider reserves the right to update or modify its data privacy and security
policies as necessary, while ensuring compliance with applicable laws and
regulations. The Renter shall be notified of any significant changes to these
policies.
The
Provider shall comply with all applicable data protection laws and regulations,
including but not limited to the General Data Protection Regulation (GDPR) and
any relevant national laws in Belgium.
Social
Media and Activity Reporting Requirement:
As a condition of
using the rental service, the Renter is required to personally tag the Provider
on their Strava posts and follow the Strava profile of the Provider, related to runs performed while wearing the rented shoes,
using the prescribed text provided by the Provider. By doing so, the Renter expressly
consents to the collection, processing, and use of the aggregate distance data
(i.e., total kilometers run) from such posts solely for verifying usage during
the rental period. The Provider shall not utilize, analyze, or process any
additional information from these posts, nor shall any data from Strava be
exported or shared by the Provider except for the aforementioned distance data.
The Renter
warrants and represents that the required tagging and following on Strava (or any comparable
running metrics application) shall be executed solely using the Renter’s own
account and under their own identity, and not by any third party on their
behalf. The Renter further agrees that during the rental period—and for any
subsequent rental periods—only one account may be used to tag the Provider. The
first account used to upload the required tag shall be deemed the Renter’s
official account for the purposes of this Agreement. Any tagging from a
different account, or any attempt to use an account not clearly attributable to
the Renter, shall be deemed fraudulent and constitute a material breach of this
Agreement. In the event of such fraudulent activity, the Provider reserves the
right to impose additional fees as compensation for the breach and any
resulting administrative or remedial costs.
In the
event that the Renter does not utilize Strava, the Renter shall, upon return of
the rented shoes, manually report the total kilometers run during the rental
period. This manual reporting requirement applies whether the Renter is using
another tracking application, in which case the Renter shall provide the
kilometers as recorded by that application, or if no tracking application is
used, in which case the Renter shall provide a reasonable estimate of the total
kilometers run. Such information shall be used exclusively to verify usage and
shall be processed in accordance with the Provider’s data privacy practices as
set forth herein.
By using
the Service, the Renter acknowledges and agrees to the foregoing conditions and
expressly consents to the collection and processing of the aforementioned data
for the purposes described.
Modifications and Amendments
The
Provider reserves the right to modify or amend the terms and conditions of this
Agreement at any time, without prior notice to the Renter.
Modifications
or amendments to the Agreement will be communicated to the Renter through one
or more of the following methods: (i) posting on the Provider's website, (ii)
sending an email to the Renter's registered email address, or (iii) providing
in-app notifications within the Service.
The Renter
is responsible for regularly reviewing the Agreement for any modifications or
amendments. Continued use of the Service by the Renter after the effective date
of any modifications or amendments shall constitute acceptance of such changes.
In the
event of any significant modifications or amendments to the Agreement, the
Provider will provide the Renter with a reasonable notice period of at least
thirty (30) days before the changes become effective.
If the
Renter does not agree with any modifications or amendments to the Agreement,
the Renter may terminate this Agreement by providing written notice to the
Provider within thirty (30) days after the effective date of such changes.
If any
provision of this Agreement is found to be invalid or unenforceable, the
remaining provisions shall remain in full force and effect.
Any
disputes arising from modifications or amendments to this Agreement shall be
governed by and construed in accordance with the laws of Belgium.
Termination
Termination by the Provider
The
Provider reserves the right to terminate this Agreement and the Renter's access
to the Service, effective immediately, in the event of any of the following
circumstances:
The
Renter's breach of any term or condition of this Agreement, including but not
limited to failure to make timely payments, unauthorized use or modification of
the rented shoes, or any fraudulent or illegal activities.
The
Renter's engagement in conduct that the Provider deems inappropriate, abusive,
or detrimental to the Service or the Provider's reputation.
In the
event of termination by the Provider, the Renter shall immediately return all
rented shoes in their possession and pay any outstanding fees, charges, or
penalties owed to the Provider.
Termination by the Renter
The Renter
may terminate this Agreement and their participation in the Service at any time
by providing written notice to the Provider.
Upon
termination by the Renter, the Renter shall immediately return all rented shoes
in their possession and pay any outstanding fees, charges, or penalties owed to
the Provider.
The
Provider shall refund any applicable security deposits or prepaid fees, subject
to the deduction of any outstanding charges or penalties.
Effect
of Termination
Upon
termination of this Agreement, all rights and obligations of the parties shall
cease, except for those provisions that expressly survive termination,
including but not limited to provisions related to liability, indemnification,
confidentiality, and intellectual property rights.
The Renter
shall immediately cease all use of the Service and the rented shoes upon
termination.
Automatic
Termination
This
Agreement shall automatically terminate, without notice, in the event of
insolvency, bankruptcy, or dissolution of either party.
Post-Termination
Obligations
Upon
termination of this Agreement, the Renter shall promptly return all rented
shoes to the Provider in the same condition as received, subject to normal wear
and tear.
The
Provider shall refund any applicable security deposits or prepaid fees, subject
to the deduction of any outstanding charges, penalties, or costs associated
with the return or repair of the rented shoes.
The
Provider shall delete or destroy any personal data or confidential information
related to the Renter, subject to any legal obligations or record-keeping
requirements.
Remedies
for Breach
In the
event of a material breach of this Agreement by either party, the non-breaching
party shall be entitled to pursue all available legal remedies, including but
not limited to damages, injunctive relief, and specific performance.
Governing
Law and Jurisdiction
This
Agreement and any disputes arising from or related to its termination shall be
governed by and construed in accordance with the laws of Belgium, without
regard to its conflict of laws principles.
Any legal
action or proceeding arising from or related to this Agreement or its
termination shall be brought exclusively in the courts of Belgium, and the
parties hereby consent to the personal jurisdiction of such courts.
Severability
If any
provision of this Agreement is determined by a court of competent jurisdiction
to be invalid, illegal, or unenforceable, such determination shall not affect
the validity, legality, or enforceability of the remaining provisions of this
Agreement, and the offending provision shall be reformed, modified, or revised
to the minimum extent necessary to make it valid, legal, and enforceable, while
preserving the original intent and economic effect of the Agreement as closely
as possible.
The
determination of the validity, legality, or enforceability of any provision of
this Agreement shall be governed by and interpreted in accordance with the laws
of Belgium.
Any
disputes or proceedings related to the determination of the validity, legality,
or enforceability of any provision of this Agreement shall be subject to the
exclusive jurisdiction of the courts of Belgium.
The Renter
and the Provider agree not to challenge the enforceability of the remaining
provisions of this Agreement if any part is found to be invalid, illegal, or
unenforceable.
The
remaining provisions of this Agreement shall continue to be binding and
enforceable upon the parties, regardless of the invalidity, illegality, or
unenforceability of any other provision.
Entire Agreement
This
Agreement, including all schedules, exhibits, and attachments hereto,
constitutes the entire agreement between the parties concerning the subject
matter hereof and supersedes all prior or contemporaneous agreements,
representations, and understandings, whether oral or written, relating to the
subject matter of this Agreement.
Neither
party has relied on any representations, warranties, or statements not
expressly set forth in this Agreement. Any such external representations,
warranties, or statements shall not be binding or have any legal effect.
No
amendment, modification, or waiver of any provision of this Agreement shall be
effective unless made in writing and signed by authorized representatives of
both parties.
If any
provision of this Agreement is held to be invalid, illegal, or unenforceable,
the remaining provisions shall remain in full force and effect. The invalid or
unenforceable provision shall be modified or partially enforced to the extent
necessary to make it valid and enforceable while preserving the intent of the
parties.
This
Agreement is executed in the English language, and in the event of any
discrepancy or conflict between different language versions, the English
version shall prevail.
Notices
Any notice,
request, demand, or other communication required or permitted under this
Agreement shall be in writing and shall be deemed duly given if delivered by
any of the following methods:
(a) Personal
Delivery: Delivered by hand to the addresses specified below.
(b) Postal
Mail: Sent via registered or certified mail, postage prepaid, to the
addresses provided herein. Such notice shall be deemed received on the date of
delivery as indicated by the postal service’s records.
(c) Electronic
Mail: Sent to the email addresses specified below, provided that a
confirmation of transmission is retained by the sending party. Notices sent via
email shall be deemed received on the date of transmission, provided no error
message is generated.
(d) Facsimile:
Sent by facsimile to the facsimile numbers provided below, with confirmation of
transmission.
Addresses
for Notices:
For the
Provider (Run-It):
Run-It
Kleine Negenbundersstraat 44
Kuringen, 3511
Belgium
Phone: +32 497 744 321
Email: brechtc@run-it.be
For the
Renter:
The Renter shall provide their current mailing address and email address at the
time of rental registration. The Renter agrees to notify the Provider of any
changes to such contact information promptly. Notices sent to the last known
address or email shall be deemed effective.
Effectiveness:
Notices shall be deemed effective upon receipt as determined by the method of
delivery specified above. The failure of either party to update their contact
information shall not relieve the other party of its obligations under this
Agreement.