General Terms and Conditions of Storage

GENERAL TERMS AND CONDITIONS OF OOMEN OPSLAG

Article 1 – Definitions

General Terms and Conditions: these General Terms and Conditions of Oomen Opslag.
Lessor: Oomen Opslag B.V., established at Taanderstraat 2 in Katwijk.
Lessee: the natural or legal person with whom Lessor has concluded an Agreement.
Leased Space: the exclusive storage capacity allocated to Lessee in Lessor's complex, provided by means of a closed sea container or other storage space that forms part of the complex.
Rent: the fee that Lessee owes Lessor monthly for the use of the Leased Space.
Agreement: the "Oomen Opslag Agreement" entered into by Lessor on the one hand and by (or on behalf of) Lessee on the other, under which Lessee obtains the right to use the Leased Space.
Mijn Oomen Opslag: the online portal https://mijn.oomenopslag.nl/ in which all information can be found.
Parties: Lessor and Lessee.

Article 2 – Applicability

These General Terms and Conditions apply to and form part of all agreements of Oomen Opslag B.V. between Lessor and Lessee.

Article 3 – The agreement

The Agreement is concluded:

By placing an order via Mijn Oomen Opslag;
By accepting a (digital) quotation from Oomen Opslag;
By ordering (additional) storage space orally or electronically at one of Lessor's branches;
As soon as Lessee actually starts using a storage space of Lessor.

Article 4 – Commencement, term, notice and cancellation

Unless agreed otherwise, the lease is entered into for an indefinite period, commencing on the start date selected online, which can be found in the confirmation and on Mijn Oomen Opslag.
Either Party may terminate the lease for an indefinite period at any time, subject to a notice period of one month.
If a lease has been concluded for a fixed period, the lease is converted on expiry into a lease for an indefinite period with a notice period of one month.
In the event of termination/cancellation before the start date of the agreement, one month's rent is payable in the case of a storage period for an indefinite period.
The rental of storage space for a fixed period cannot be terminated in advance or in the interim, without prejudice to the provisions of article 9.6 and article 23.5 (termination by a consumer in the event of indexation and amendment of the terms and conditions respectively).
In the event of cancellation of extra services, such as transport, placing a storage box at the door, removal assistance, etc., 50% of the agreed amount is charged.
If Lessee is a consumer (a natural person not acting in the exercise of a profession or business) and the Agreement was concluded at a distance or off-premises, Lessee has the statutory right to dissolve the Agreement within 14 days without giving reasons, unless no right of withdrawal applies by law.
If Lessee requests that the rental and/or extra services commence during the withdrawal period and Lessee subsequently withdraws, Lessee owes a proportionate part of the agreed price for the part provided up to the moment of withdrawal.
The cancellation fees in this article do not apply insofar as Lessee validly withdraws.

Article 5 – Purpose and use of the Leased Space

Lessor leases to Lessee exclusive storage capacity in Lessor's complex, in accordance with the provisions of the Agreement, for the sole purpose of storing (permitted) goods.
The Leased Space is known by the container number that can be found in Mijn Oomen Opslag and in the confirmation. The Leased Space is known to the parties and they do not require any further description of it.
Throughout the term of the Agreement, Lessee must ensure that the Leased Space remains in good condition and free of defects, with the exception of normal wear and tear and ageing.
Lessee is obliged to use the Leased Space properly and personally in accordance with the purpose referred to in article 1.1 of the Agreement. Lessee is not permitted to use the Leased Space for any other purpose.
The Agreement is personal and Lessee agrees that it is prohibited to transfer the Agreement to third parties without the prior written consent of Lessor. The right to use the Leased Space can only be exercised by Lessee.
Lessee expressly acknowledges and agrees that nothing in the Agreement or in the General Terms and Conditions may be interpreted as meaning that Lessee acquires a right of ownership or any other right in rem in respect of the Leased Space. Moreover, Lessor will never act as holder, guard or bailee in respect of the Leased Space and/or the goods stored in it by Lessee. Lessor has no knowledge of and accepts no responsibility for the nature, value or condition of the goods stored by Lessee.
Lessee is obliged to use the Leased Space in such a way that no breach occurs of the Agreement, the General Terms and Conditions, any law, any local by-law or any regulation of the government, utility companies and insurers.
When using the building or complex of which the Leased Space forms part, Lessee may not cause any hindrance or nuisance.
Lessee is obliged to take appropriate measures in good time to prevent damage to or in the Leased Space or the complex of which the Leased Space forms part. Lessee must inform Lessor immediately of any damage that has occurred.
Lessee must always lock the Leased Space properly. Lessee understands and accepts the level of safety and security of the Leased Space and of the complex in which the Leased Space is located. Lessor is not liable for Lessee's expectations regarding safety and security.
All stated dimensions of the Leased Space are estimates. Any difference between the actual size of a storage space and the size stated in the Agreement does not give either party any right and can never lead to a price adjustment.
The storage capacity allocated to Lessee is exclusive to Lessee for the term of the Agreement. Lessor has the right, subject to prior notice of at least 14 days, to move Lessee's goods to an equivalent alternative storage space within the complex, without this affecting Lessee's exclusive right to the agreed storage capacity.

Article 6 – Personal data

If Lessee is a natural person, by signing the Agreement when entering into it Lessee gives Lessor permission to include/process Lessee's personal data in a file.
Lessee is itself responsible for complying with the provisions of the General Data Protection Regulation (GDPR). Lessee must take this into account when storing privacy-sensitive items such as, but not limited to, medical records and/or legal files. Lessor is not aware of the contents of the Leased Space.

Article 7 – Delivery and return of the Leased Space

By signing the Agreement, Lessee confirms that Lessee has visited and inspected the Leased Space, that the Leased Space is suitable for the lawful and agreed purpose and use that Lessee expects to make of it, and that Lessee accepts the Leased Space in good condition. If, when (digitally) signing the Agreement, Lessee did not have the opportunity to inspect the Leased Space, Lessee must notify Lessor of any damage or defects to the Leased Space immediately and in writing.
At the end of the Agreement, Lessee is obliged to return the Leased Space to Lessor clean, completely cleared, unlocked, broom-clean and in the same condition as on the start date of the Agreement (taking normal wear and tear into account). If Lessee fails to do so, Lessor is entitled to clean and/or repair the Leased Space (or have it cleaned and/or repaired) at Lessee's expense and Lessee reimburses all costs involved; for cleaning and removal work, at least the rates of article 11 apply.
If, after the end or dissolution of the Agreement, Lessee leaves goods behind in the Leased Space, Lessor is entitled to remove these goods (or have them removed) at Lessee's expense and to store them (temporarily) at a location to be determined by Lessor. The costs involved (including providing access, removal, transport and (additional) storage) are for Lessee's account, with at least the rates of article 11 applying. Lessor will summon Lessee in writing (including by email) to collect the goods left behind within fourteen (14) days of the date of the summons and to pay all outstanding amounts, unless a longer period is reasonable in the circumstances. If Lessee is a consumer, Lessor applies a reasonable period. If, after this period has expired, Lessee has not collected the goods and/or has not fully complied with his obligations, Lessor is entitled to exercise its rights in accordance with article 19 and, where applicable, article 17, including the right to sell the goods (or have them sold) in accordance with the law. Goods are only destroyed or disposed of if sale is not reasonably possible or no proceeds can be expected, and after prior warning to Lessee with a reasonable period to still collect the goods, unless immediate removal is necessary for reasons of safety, perishability or (imminent) danger. Any proceeds from the sale are set off in accordance with article 19; any balance remaining after set-off is paid to Lessee. Nothing in this paragraph affects Lessor's right to full payment of all amounts owed by Lessee and to compensation for costs and damage.

Article 8 – Invoicing and payment of the Rent

The initial Rent is the amount agreed in the quotation.
Lessor invoices monthly in advance, unless agreed otherwise.
At its own discretion, Lessor may issue paper or electronic invoices and use the email address provided by Lessee for sending them.
The Rent owed is paid in advance by direct debit, unless expressly agreed otherwise.
The Rent is collected each month approximately 7 days before the start of the next rental period. If the direct debit has failed for any reason, the amount owed must have been credited no later than 3 days before the start of the next rental period.
For each failed or reversed direct debit, the lessee owes €15 in administration costs.
If no Rent has been agreed, Lessor is entitled to set a Rent in accordance with reasonableness and fairness.

Article 9 – Indexation of the Rent

The rent is indexed annually. For this purpose, Lessor uses the Services Producer Price Index (DPI) with code 4942 ("Index") published by Statistics Netherlands (CBS). The choice of this index reflects the fact that Lessor's operating costs, including personnel costs, transport equipment, site facilities and maintenance, largely follow the same cost development as the sector to which Lessor belongs.
The Rent is adjusted annually as at 1 January in accordance with the Index.
The adjustment is made according to the formula: New Rent = Current Rent × (Index_new / Index_old), where Index_new is the index figure published by CBS for the fourth quarter (Q4) of the calendar year preceding 1 January and Index_old is the index figure for the fourth quarter (Q4) of the calendar year before that. The result is rounded to two decimal places. If CBS changes or replaces the index series, the successor, comparable index series is applied.
The adjustment consists solely of indexation in accordance with paragraph 9.3. Lessor has no power to apply an additional increase or surcharge above the result of the formula.
Lessor informs Lessee in writing (including by email) no later than one month before 1 January of the index figures applied, the calculation and the new Rent.
If Lessee is a consumer and does not wish to agree to the Rent adjusted as at 1 January, Lessee is entitled to terminate the agreement in writing with effect from the day before 1 January, provided that Lessor has received the notice of termination no later than 31 December. Any minimum rental period does not prevent this termination.
If the Index falls, the Rent remains unchanged. In that case no reduction takes place.

Article 10 – Default

If Lessee does not pay on time, Lessee is in default by the mere expiry of the payment term.
If Lessee is a consumer, extrajudicial collection costs are only charged after Lessor, following the occurrence of default, has sent Lessee a free reminder that meets the statutory requirements (including a period of fourteen (14) days after receipt to still pay free of charge).
In the event of late payment of the Rent by a Lessee who is not a consumer, the extrajudicial collection costs owed amount to at least 15% of the unpaid amount. The foregoing is without prejudice to Lessor's right to charge Lessee the higher costs it has incurred.
If Lessor finds it necessary to initiate legal proceedings against Lessee, the costs involved are for Lessee's account insofar as and to the extent that these costs can be awarded by the court under the law. If Lessee is a consumer, this only applies to costs that the court awards in an order to pay the costs of the proceedings.
If Lessee is in default, Lessor has the rights referred to in articles 17 and 19 of the General Terms and Conditions, including the right to lock the Leased Space with an additional lock to which only Lessor has the key. Lessor is also entitled to deactivate the access PIN code to the complex of which the Leased Space forms part. Lessee will thereafter only be able to gain access to the Leased Space by still fulfilling his obligations.
If Lessee is in default in the performance of the Agreement or the General Terms and Conditions, other than late payment of the rent, Lessee forfeits to Lessor an immediately payable penalty as set out in the Agreement. The foregoing is without prejudice to Lessor's right to full compensation, insofar as the damage suffered exceeds the penalty forfeited.

Article 11 – Deposit, expenses and penalties

If agreed, Lessee will provide Lessor with a deposit. Lessee has no entitlement to set off any amount against the deposit, nor to any interest.
Lessor may recover from this deposit all unpaid rent, fees and costs arising from non-compliance with the Agreement or the General Terms and Conditions.
As soon as Lessor has drawn on the deposit, Lessee is obliged to immediately provide a new deposit or to top up the deposit to the amount referred to above.
If the Leased Space is not returned by Lessee in the same condition (at least broom-clean) as at the start of the agreement, Lessor will clean the Leased Space at Lessee's expense. The costs of this amount to at least €50 excluding VAT (for consumers: insofar as reasonable and to be specified on request).
Goods left behind in the Leased Space, within the building or on the site of Lessor are removed by Lessor at Lessee's expense. A minimum of €80 per m³ excluding VAT applies for this (for consumers: insofar as reasonable and to be specified on request), with at least €250 excluding VAT being charged each time (for consumers: insofar as reasonable and to be specified on request).
The amounts referred to in this article are minimum (expense) fees and are without prejudice to Lessor's right to (additional) compensation and/or contractual penalties. If Lessee is a consumer, penalties and/or (minimum) expense fees are only payable insofar as they constitute reasonable compensation for the damage suffered and costs incurred by Lessor. Lessor will specify the costs charged on request.

Article 12 – Maintenance and repair of defects

Lessor has access to the Leased Space at all times in order to carry out (or have carried out) work and inspections in the context of maintenance, repair, renovation and extension, re-partitioning, including the installation of additional facilities.
Renovation and/or repair/maintenance work of or to the Leased Space does not constitute a failure in performance by Lessor, not even if this work on the one hand (temporarily) restricts or prevents the enjoyment and use of the Leased Space and on the other hand gives Lessor access to the Leased Space.
Lessee will tolerate the renovation and/or repair/maintenance work and give Lessor the opportunity to carry it out, without any right to a reduction of the rent or any other payment obligation, full or partial dissolution of the Agreement and/or compensation as a result of the renovation and/or the work. For consumers, this paragraph only applies insofar as mandatory law permits.
Lessee takes the necessary precautions to prevent damage to the Leased Space or the property of third parties. In the event of damage to the property of third parties or the property of Lessor, Lessor is entitled at all times to carry out repair work at Lessee's expense. Lessee agrees to pay the invoices for such repair work within 7 days of an invoice being sent.
If Lessor needs access to the Leased Space or if the goods stored by Lessee in the Leased Space need to be moved from the Leased Space for the purposes stated above, Lessor will inform Lessee of this if time and circumstances allow. If necessary, Lessor will ask Lessee to move the goods to another storage space within a reasonable period. If Lessee fails to do so, Lessor may enter the Leased Space in order to move the goods stored in it to another storage space itself, with the necessary care but at Lessee's risk.

Article 13 – Prohibitions

Lessee is not permitted to:

use the Leased Space for illegal, criminal or immoral activities, including but not limited to activities in connection with tax fraud;
use the Leased Space as a workshop;
carry out trading activities from the Leased Space;
use the Leased Space as the place of business, domicile or registered office of a company;
transfer the access code to third parties;
give third parties access to the premises and/or the Leased Space without Lessee accompanying them;
sublet the Leased Space in whole or in part or otherwise make it available to third parties for use;
change the form, appearance or layout of the Leased Space without Lessor's prior written consent;
anchor objects in any way to the floor, walls or ceiling without Lessor's prior written consent;
bring or park items in or near the Leased Space as a result of which a higher than normal premium for fire insurance and/or a higher excess for buildings, contents or goods could be charged to Lessor or other lessees;
connect electrical appliances, installations or other devices or services in the Leased Space without Lessor's prior written consent. If written consent has been given, these must always be switched off in Lessee's absence;
leave waste or (parts of) goods outside the Leased Space.

In the event of a breach of item 12, Lessee forfeits a penalty in accordance with the Agreement. In addition, Lessee reimburses all clearing, removal and disposal costs (with at least the rates of article 11 applying) and all other damage, without prejudice to Lessor's right to full compensation.

If Lessee is a consumer, penalties and/or (minimum) expense fees are only payable insofar as they constitute reasonable compensation for the damage suffered and costs incurred by Lessor. Lessor will specify these costs on request.

Prohibited goods (non-exhaustive list)

Lessee is strictly prohibited from storing the following goods in the Leased Space:

items that give off smoke, odours or stench;
animals or other living organisms;
waste and waste materials, including animal and toxic or hazardous waste;
food and other perishable items, unless these are packed in such a way that no vermin or other nuisance can arise;
firearms, ammunition or explosives;
illegal substances and goods, including drugs, illegal items and illegally obtained goods such as contraband or stolen goods;
chemicals, radioactive substances or biological agents;
asbestos and/or blue leather;
(artificial) fertiliser;
gas cylinders and/or batteries;
fireworks;
car and/or motorcycle wrecks.

The storage of (classic) cars and/or motorcycles that are not wrecks is permitted provided that:

a protective tray or mat approved by Lessor is present under the vehicle to prevent environmental damage from leakage;
the amount of fuel in the tank is kept to a minimum;
Lessee maintains adequate insurance at all times, as vehicles are not covered by the insurance taken out by Lessor.

combustible and flammable materials or liquids, including petrol and diesel, with the exception of the permitted minimum for vehicles as referred to in item 24;
all other toxic, flammable or hazardous substances or preparations designated as such in applicable laws and regulations, including among others: explosive substances and preparations such as aerosol cans, sprays and liquefied gases (LPG, hydrogen, acetylene, propane, butane); oxidising substances and preparations such as peroxides, chlorates and strong acids; (highly) flammable substances such as paraffin, benzene, methylated spirits, methanol, turpentine, white spirit, acetone, paint and glue; (very) toxic substances and preparations such as methanol, stain removers and pesticides; harmful substances such as cleaning agents, paint thinners, wood preservatives and paint strippers; corrosive substances such as drain cleaner, descaler, caustic soda, strong acids and oven or toilet cleaners; irritant, sensitising, carcinogenic, mutagenic or reprotoxic substances; substances hazardous to the environment such as CFCs, PCBs, pesticides and heavy metals. Toxic, flammable or hazardous substances can usually be recognised by the internationally applicable hazard symbols.

Liability and supervision

If Lessee acts in breach of this article, Lessee is liable towards Lessor for all damage suffered by Lessor and/or third parties as a result.
Lessee takes note that Lessor does not check the goods stored by Lessee and does not verify whether they are suitable for storage or comply with statutory provisions and these terms and conditions.
If it is suspected that Lessee is acting in breach of the Agreement or these General Terms and Conditions, Lessor has the right to inform the competent authorities and to give them access to the Leased Space for verification purposes. All related costs are for Lessee's account. Lessor is not obliged to notify Lessee of this in advance.

Article 14 – Access to and leaving the Leased Space

Lessee is required to comply with and follow all (safety) instructions given by Lessor.
Lessee receives a personal access code or other means by which access to Lessor's complex is obtained. Whenever Lessee wishes to access the Leased Space, Lessee must use that means. Lessee may not enter or leave Lessor's complex by going in/out with or via another lessee without using the personal access code or other means provided specifically for access to the Leased Space.
Lessee must always make sure that all doors and gates are closed after entering or leaving Lessor's complex.
An access code or other means provided specifically for access to the Leased Space is strictly personal and may under no circumstances be used by third parties.
Unless agreed otherwise, the Leased Space is accessible to Lessee during Lessor's opening hours. Access outside these permitted hours and days is not permitted.
Lessee can only use the Leased Space during the opening hours specified by Lessor.
Lessor is not responsible for any temporary technical failures, snow or inconveniences etc. that prevent Lessee from entering or leaving the Leased Space or that make the use of the lifts impossible.

Procedure in case of emergencies / fire

Lessee is responsible for becoming familiar with the safety procedures in the event of emergencies or fire and for learning the fire and escape routes.
Lessee may never block emergency exits and must keep these exits clear at all times.
Lessee may only use the emergency exits in situations that require an emergency evacuation, such as fire or a power failure. In the event of misuse, Lessor will recover all costs caused as a result from Lessee.

Within Lessor's complex

The maximum speed for motorised vehicles is at all times the lower of a) a safe speed or b) 15 km/h.
Parking is only permitted in the designated places. The statutory traffic rules apply within the complex.
A strict smoking ban applies within Lessor's complex.
The use of trolleys, motor vehicles, lifts or any other equipment made available by Lessor is always at Lessee's own risk.
Lessee is obliged to ensure that children do not use or operate the equipment made available by Lessor. Children may not be left alone anywhere within Lessor's complex.
Trolleys owned by Lessor may not be stored by Lessee in the Leased Space, on pain of a penalty stated in the Agreement.
Lessee may not store goods if this would exceed the maximum load-bearing capacity of the floor.
Lessee is responsible for compliance with this and Lessee must discuss the maximum load capacity with Lessor.
Goods in the Leased Space must always be stored safely, without exerting pressure on the walls.
Lessor is not responsible and accepts no liability whatsoever for injuries and/or damage caused by or to the goods stored by Lessee in the Leased Space.
Lessor has no obligation whatsoever to accept goods on behalf of Lessee.

Article 15 – Liability

All goods that Lessee stores in/at/on the Leased Space are and remain entirely for Lessee's account and risk. Lessor only makes the Leased Space available and accepts no duty of supervision or safekeeping. Lessor has no knowledge of the nature/value of the goods and does not supervise them.
Except insofar as mandatory law provides otherwise and without prejudice to article 15.3, Lessor is not liable for loss, theft, disappearance, damage or depreciation of Lessee's goods in/at/on the Leased Space, whatever the cause, including fire, water/moisture, weather conditions and malfunctions or failure of facilities/installations. Lessor is not liable for consequential damage, loss of profit, business interruption or other indirect damage.
The exclusions and limitations in this article do not apply insofar as the damage is the direct result of intent or deliberate recklessness on the part of managers belonging to Lessor's management. For consumers, this article only applies insofar as permitted by law.
If, taking article 15.3 into account, Lessor is nevertheless liable, that liability is limited to direct damage and to a maximum of the amount paid out by Lessor's liability insurer, plus the excess. This limitation also applies to damage related to the (re)location, removal or other handling of goods by Lessor in the context of the Agreement and/or these General Terms and Conditions.
Lessee insures the stored goods in accordance with article 16. In view of the absence of supervision by Lessor and the amount of the Rent, Lessee considers the exclusions and limitations in this article fair and reasonable.

Article 16 – Insurance

Lessee is obliged to maintain adequate insurance for the goods that Lessee stores in the Leased Space for the term of the Agreement. If desired, Lessee can take out this insurance through Lessor.
Lessee is responsible for the insured amount, the cover and the correct information provided to the insurer.

Article 17 – Right of pledge

The movable property stored in the Leased Space serves as additional security for everything that Lessee owes and/or will owe Lessor. By storing movable property in the Leased Space, a right of pledge is created in favour of Lessor on all movable property present in the Leased Space, for all existing and future claims of Lessor against Lessee and/or the owner of that property.
Lessee declares that no prior rights have been created on the movable property stored in the Leased Space and that he is authorised to create the right of pledge referred to in paragraph 1 in favour of Lessor.
If Lessee is married or has a registered partner and stores (also) goods of that spouse or registered partner in the Leased Space, by entering into the Agreement the other spouse or registered partner gives consent to the pledging of those goods.
With regard to the existence and amount of Lessor's claims, Lessor's records constitute full evidence, subject to evidence to the contrary to be provided by Lessee.
The sale of any collateral takes place for the account of Lessor in the manner prescribed by law or, if agreed, privately.
Lessor does not accept a right of pledge on items that it considers worthless; in that case the right of pledge on those items is deemed to have lapsed.
The creation of the right of pledge is without prejudice to Lessor's right to take other collection and legal measures.

Article 18 – Notices

From the start date of the Agreement, Lessor is entitled to address all notices and communication to Lessee either by post to the address stated in the Agreement, or by email or other electronic means of communication to the email address provided by Lessee or any other electronic address provided by Lessee.
Lessee is obliged to inform Lessor in writing of any change to his postal address, electronic address(es) and/or telephone number before such a change takes effect.
If Lessee has not notified Lessor of a change of (email) address, all correspondence sent by Lessor is deemed to have reached Lessee validly and in good order.

Article 19 – Remedies

If Lessee (1) fails to fulfil any obligation under the Agreement and/or these General Terms and Conditions (including late payment); and/or (2) acts in breach of laws or regulations or instructions of competent authorities; and/or (3) is declared bankrupt, applies for/obtains a suspension of payments, or otherwise becomes subject to an insolvency measure, Lessor is entitled to exercise its statutory and contractual rights, including the measures referred to in this article, without prejudice to its other rights.
If Lessee is in default pursuant to article 10, Lessor is entitled to (temporarily) deny access to the Leased Space, including by fitting (or having fitted) an additional lock and/or by blocking means of access/codes, until Lessee has fully complied with all his obligations towards Lessor.
Insofar as this is reasonably necessary to protect its rights (including the right of retention, right of pledge, safety and prevention of damage), Lessor is entitled to gain access to the Leased Space and to take measures to obtain actual control over the Leased Space and/or the goods in it, with due observance of the applicable statutory provisions. The reasonable costs involved are for Lessee's account.
Lessor is entitled to remove the goods present in the Leased Space (or have them removed) and to transfer them to one or more alternative storage locations if this is reasonably necessary (for example due to non-payment, safety reasons, necessary business operations or termination of the Agreement). Lessor is only liable for any damage to the goods as a result of removal and/or transfer in the event of intent or gross negligence. The reasonable costs of removal, transport and (additional) storage are for Lessee's account.
Lessor is entitled to dissolve the Agreement if Lessee fails to perform. Dissolution is effected by written notice. If Lessee is a consumer, Lessor applies, insofar as required by law, a reasonable period to still perform, unless performance is permanently impossible or dissolution without a period is permitted by law.
After the end or dissolution of the Agreement, Lessee must vacate the Leased Space and remove all goods within the period stated in the notice of termination/dissolution, which for consumers is at least fourteen (14) days, unless a longer period is reasonable in the circumstances.
If Lessee does not vacate on time and/or does not pay in full, Lessor is entitled to exercise its right of retention and/or right of pledge and to sell the goods (or have them sold) in accordance with the law. Prior to the sale, Lessor will send Lessee at least one (1) final written warning with a reasonable period to still pay and/or collect, unless a shorter period is legally permissible (for example in the case of perishability or danger).
The sale takes place in the manner prescribed by law. A private sale only takes place if this is permitted by law and/or if Lessee agrees to it in writing or the court gives permission for it.
Goods are only destroyed or disposed of if sale is not reasonably possible or no proceeds can be expected, and after prior warning to Lessee with a reasonable period to still collect the goods, unless immediate removal is necessary for reasons of safety, perishability or (imminent) danger.
The sale proceeds are used to pay: (1) reasonable costs of providing access, removal, transport, (additional) storage, sale, disposal/destruction and collection; and then (2) all other outstanding claims of Lessor against Lessee under the Agreement and/or these General Terms and Conditions. Any remaining balance of the proceeds is paid to Lessee.
If Lessee cannot be located or fails to accept any remaining balance, Lessor holds this balance for a reasonable period for Lessee's account and risk.
Lessor is entitled to claim (additional) compensation, including but not limited to removal costs, additional storage costs, repair costs and other damage suffered by Lessor, without prejudice to its other rights.
Extrajudicial collection costs and other collection costs are for Lessee's account in accordance with the law. If Lessee is a consumer, extrajudicial collection costs are only charged with due observance of the statutory requirements (including a reminder with a period of fourteen (14) days after receipt to still pay free of charge).

Article 20 – Applicable law and competent court

The Agreement and these General Terms and Conditions are governed exclusively by Dutch law.
All disputes arising from or related to the Agreement and/or these General Terms and Conditions are, subject to the provisions of paragraph 3, submitted to the competent court of the place where Lessor is established. This is without prejudice to Lessor's right to submit a dispute to another court that has jurisdiction under the applicable legislation.
If Lessee is a consumer, there is no exclusive choice of forum. In that case, disputes are submitted to the court with jurisdiction under the law, with Lessee always remaining entitled to litigate before the court of his place of residence or habitual residence, insofar as the law permits.

Article 21 – Order of precedence

If and insofar as the provisions of these General Terms and Conditions deviate from or conflict with provisions in a separate Agreement drawn up by Lessor, the provisions of that Agreement prevail.
If one or more provisions of the Agreement and/or these General Terms and Conditions are void or are annulled, this does not affect the validity of the other provisions.
In the event that a provision is void or annulled, the parties will replace this provision with a valid provision that, insofar as legally possible, comes closest to the intention and economic effect of the original provision.

Article 22 – Limitation and expiry

If Lessee is a consumer (a natural person not acting in the exercise of a profession or business), only the statutory limitation and expiry periods apply and no contractual shortening applies.
If Lessee is not a consumer, any claim against Lessor lapses by the mere passage of 12 months after the end of the lease, unless mandatory law provides otherwise.

Article 23 – Amendment

Lessor is authorised to amend these General Terms and Conditions.
Amendments do not take effect earlier than thirty (30) days after the day on which the amendments were announced to Lessee by Lessor, unless a later date of entry into force is stated in the announcement.
Lessor will announce the amendment of the General Terms and Conditions to Lessee in writing in good time, that is at least thirty (30) days before it takes effect.
With effect from the date of entry into force, Lessee and Lessor are bound by the amended General Terms and Conditions.
If Lessee is a consumer and does not wish to agree to the amended General Terms and Conditions, Lessee is entitled to terminate the Agreement in writing with due observance of the applicable provisions as set out in article 4 of these General Terms and Conditions.

Article 24 – Other

The provisions of the Agreement and these General Terms and Conditions apply in full to third parties to whom Lessee has given access to the Leased Space in any way whatsoever. Lessee guarantees that these third parties comply with the Agreement and the General Terms and Conditions.
By entering into the Agreement, Lessee cooperates in advance, in the event of a full or partial transfer of Lessor's business, with the (partial) transfer of his legal relationship with Lessor to a third party. In that case this third party is obliged to fulfil the obligations towards Lessee arising from the Agreement.
The Parties expressly agree that the Agreement cannot be regarded as a contract of bailment within the meaning of article 7:600 of the Dutch Civil Code.
Lessee declares that he has taken note of the General Terms and Conditions, accepts them and agrees that the General Terms and Conditions have been made available free of charge, both on paper and digitally via Lessor's website.