MyBabythings

This Rental Agreement is a legal contract between you and Ex Machinae GmbH (“MyBabythings“) for renting certain products through our online rental service. The service allows members to rent baby products on a flexible, month-to-month basis through our website and mobile applications. By renting our products, you agree to all the terms and conditions set forth in this agreement.

Please carefully read and understand this Rental Agreement. By clicking “I accept,” ordering the rental of any Rental Products, or accepting delivery of any Rental Products, you acknowledge that you have read, understood, and agreed to be bound by this Rental Agreement and any other terms and policies referenced herein, including the MyBabythings Membership Terms of Service and Privacy Policy.

This Rental Agreement is part of the MyBabythings Membership Terms of Service which you have accepted or are currently accepting. By agreeing to this Rental Agreement, you also agree to the MyBabythings Membership Terms of Service. If any words are capitalized in this Rental Agreement without definition, they have the same meaning as in the MyBabythings Membership Terms of Service.

Modifications to the Agreement. 

MyBabythings can change this Rental Agreement and its fees at any time without giving specific notice. The changes will be effective as soon as they are posted on the Site. If you continue to use the Service or any Rental Products, you agree to the new Rental Agreement. If you don’t agree, stop using the Service and return any Rental Products. Make sure to review the Rental Agreement, Membership Terms of Service, and Privacy Policy regularly to understand all the terms, conditions, and policies that apply to renting Rental Products.

Rentals.

(a) Renting Products

– You can rent baby products from MyBabythings by placing an order through the website or by contacting customer service.

– Your order is an offer to rent the products under this Rental Agreement.

– MyBabythings has the right to accept or decline your order.

– You can rent up to 10 products at a time.

– If you place an order through customer service, MyBabythings can access your User Account to reflect the order.

(b) Rental Period

– If MyBabythings accepts your order, you can rent the products on a month-to-month basis.

– The rental period starts when the products are delivered to you and ends when you return them or terminate the rental as set forth in the agreement or the Membership Terms of Service.

(c) Commercial Renters

– If you are renting products on behalf of a customer, they must accept the terms of the Rental Agreement before using the products.

– You need to provide their email address so MyBabythings can send them the terms and conditions.

• You may need to take further steps to document your customer’s acceptance of the terms.

Rental Products.

(a) Rental Products:

– Rental products may have been previously used but are deep-cleaned and sanitized before delivery.

– You cannot refuse delivery of rental products just because they’ve been used before.

– Rental products may appear different from photos on the site.

(b) Title to Rental Products:

– MyBabythings retains ownership of all rental products.

– You acquire no ownership or equity in the rental products; you only have limited rental rights.

– You cannot grant a security interest in rental products and must keep them free of any liens or encumbrances.

– If anyone else tries to claim an interest in rental products, you must inform MyBabythings.

(c) Assembly:

– Some rental products require minor assembly after delivery.

– You’re responsible for assembly and must follow the manufacturer’s instructions.

– MyBabythings isn’t liable for any assembly-related issues.

(d) Installation:

– Some rental products require minor installation before use.

– You’re responsible for installation and must follow the manufacturer’s instructions.

– MyBabythings doesn’t provide in-home delivery or installation services.

(e) Rental Product Defects:

– MyBabythings inspects rental products before rental, but defects may still exist.

– If a rental product is defective, stop using it and contact MyBabythings for a replacement.

– MyBabythings will replace defective products if the defect wasn’t caused by you or your violation of the rental agreement.

(f) Exchange of Rental Products:

– You can cancel your rental and order a different rental product if you’re dissatisfied or if a rental product doesn’t meet your needs.

– Rental fees and other charges are fully earned and non-refundable, except for defective rental products.

(g) Cancellation of Orders:

– If you need to cancel an order, notify MyBabythings immediately.

– You can cancel an order before 7 days of the scheduled delivery window.

– If you cancel an order within 7 days of the delivery window, you’ll be charged a cancellation fee equal to one month’s rental fee.

(h) Recalls:

– MyBabythings reserves the right to exchange rental products that are subject to recall or potential safety issues.

• You must stop using any rental product subject to recall or safety issue and cooperate with MyBabythings to exchange it.

Use Restrictions and Obligations.

This is a rental agreement for baby products, and as the renter, you are responsible for using the products safely and following all applicable laws and manufacturer instructions.

You are not allowed to alter, repair, or sell the products, and you cannot use them for any commercial purpose.

You must make any necessary adjustments to the products yourself, and you are not allowed to take them outside of the designated service area without written consent from the rental company. If you plan to relocate, you must notify the rental company, and they may terminate the rental and retake possession of the products.

Delivery.

(a) Delivery:

MyBabythings will deliver the rental products to the address you specified in your order. You must be present during delivery and may need to show a photo ID to the delivery personnel. If you are not present, the rental products may be left at the address, and you assume all risk upon delivery.

(b) Return:

You must return all rental products to MyBabythings at the end of the rental period. You can return them by scheduling a pick-up or following other procedures specified by MyBabythings. You must give at least 7 days’ notice of your intent to return the rental products, and you will be liable for any rental fees until the rental products are in the possession of MyBabythings.

(c) Scheduling:

You can schedule delivery or pick-up by contacting MyBabythings or using the scheduling function in your user account. Delays may occur due to factors outside of MyBabythings’ control. You must ensure that your contact information and delivery/pick-up address are accurate, and you must be present at the time of delivery or pick-up.

(d) Rescheduling:

You can reschedule delivery or pick-up up to 24 hours before the originally scheduled window. Failure to be present or late cancellations/rescheduling may result in cancellation fees.

(e) Condition of rental products on return:

Normal wear and tear is expected, and you are not responsible for such damage or the loss of minor accessories. However, you are responsible for any damage beyond normal wear and tear or loss of accessories that retail for more than CHF50. Charges for damage or loss will be assessed by MyBabythings, and you authorize them to charge your payment method. If rental products are not returned as required, the rental term will be deemed terminated upon receipt of full payment for any charges assessed.

Purchase of Rental Products.

This text outlines the terms for purchasing rental products from MyBabythings. During the rental term, you may have the option to purchase certain rental products at the then-current buy-out price, which is equal to the retail price of a new unit of the product minus the sum of all monthly rental fees paid by you during the rental term. Buy-out purchases are only available if the retail price exceeds the aggregate rental fees for the product, and may not be available for all rental products.

All buy-out purchases are final and non-refundable, and MyBabythings is not liable for any defects in the product. Your rental obligations remain in full force until the effective date of the buy-out purchase, at which point the rental agreement terminates.

After a buy-out purchase, you may elect to initiate a “take-back” and return ownership and possession of the purchased rental product to MyBabythings. You will not receive any compensation for the return, and the product becomes the sole property of MyBabythings.

Term and Termination.

This agreement is valid while you use the Service. MyBabythings can terminate or limit your access to the Service or your User Account without notice, and can change or stop the Service at any time. If the agreement is terminated, you are still responsible for any charges due, and must return any Rental Products immediately.

Certain sections of the agreement will continue to apply even after the agreement has ended.

Rental Fees and Other Charges.

To rent or buy products from MyBabythings, you must have a valid payment method, like a credit card, and authorize charges for rental fees, delivery fees, insurance fees, restocking fees, and other charges.

Rental fees are non-refundable, and your rental will automatically renew each month until you cancel it or buy out the product. If you pay more in rental fees than the product’s retail price, you won’t have to pay rental fees for the remainder of the rental term.

You can cancel your rental at any time, but you won’t receive a refund for any fees or costs already paid. You are responsible for paying any taxes, and promotions may have separate terms and conditions.

Privacy. 

You acknowledge and agree that all information collected by MyBabythings is subject to our Privacy Policy . By accessing or using the Service, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

Disclaimer of Warranties.

This legal text means that all rental products provided by MyBabythings are provided “as is,” without any warranties or guarantees, except for any express warranties stated in the agreement. MyBabythings disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quality, and any warranties arising from course of dealing, usage, or trade practice. MyBabythings makes no representations or warranties regarding the reliability, availability, suitability, quality, or safety of the rental products, or any outcomes that may result from their use.

As the renter, you are solely responsible for assessing the suitability of the rental products and assume all risks associated with them. If any rental products require installation or assembly, you are responsible for installing and assembling them at your own discretion and risk. You are also responsible for any and all liability, losses, and damages resulting from your installation, assembly, or use of the rental products.

It is your sole responsibility to operate, store, maintain, and use the rental products in full compliance with all manufacturer instructions and warnings and all directions provided by MyBabythings.

Indemnity. 

You agree to protect and not hold MyBabythings and its partners accountable for any damages, fees, or losses resulting from your violation of this Rental Agreement, including unauthorized use of Rental Products, violating laws or Manufacturer Instructions, assembling or installing Rental Products, or not following instructions from MyBabythings, including stopping use in case of any safety concerns. This includes all costs and expenses, like legal fees, that arise from any claims or lawsuits related to the above.

Limitation of Liability.

MyBabythings is not responsible for any indirect or consequential damages, or for any damages related to lost profits, business, or data, even if they were warned of the possibility of such damages. MyBabythings’ total liability for any issues related to this rental agreement or the rental products is limited to the total rental fees paid by you. This limitation of liability applies even if MyBabythings is at fault for any issues. However, in some jurisdictions, certain damages or liability cannot be limited by law.

If any part of this agreement is found to be unenforceable, the limitations on damages and liability in this agreement will still apply to the extent allowed by law.

Applicable law/jurisdiction

This Agreement is subject to Swiss law. The place of jurisdiction is Zurich.