GENERAL TERMS AND CONDITIONS | DEELEN
1 INTRODUCTION
1.1 These general terms and conditions of the Deelen Services (hereinafter “GTC”) govern the contractual relationship between the Luxembourg limited liability company Invictus Wisdom S.à r.l.-S, established and having its registered office at 4, Rue Pierre Blanc, L – 1241 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B292756 (hereinafter “IW”), operator of a digital rental and selling platform – accessible on https://deelen.lu/ (hereinafter “Deelen”) and the natural or legal persons (the “Users”) wishing to consult Deelen and use the Services (as defined below). The Users and IW are hereinafter collectively referred to as the “Parties”.
1.2 The GTC constitute a binding agreement between the Parties regarding the use of Deelen and the Services, as defined below. IW reserves the right to amend these GTC at any time, providing one (1) month notice to Users registered on Deelen. During this notice period, Users may unsubscribe from Deelen if they do not accept the changes.
2 DESCRIPTION OF DEELEN AND THE SERVICES
2.1 Deelen allows Users to (i) offer products for rent or sale, either as a professional or as a private individual, (ii) book products that are offered for rent and sale (a “Booking”) and (iii) finalize the rental or sale and take possession of the product based on the listings of other Users, either as a professional or as a private individual (hereinafter collectively referred to as the “Services”).
2.2 IW acts as a mere intermediary with respect to the Services offered. IW is neither the owner nor responsible for any of the products or listings posted on the Deelen platform. Rental or purchase agreements and the resulting legal relationships are exclusively between the User offering products for sale or rent (hereinafter the “Lessor”) and the User wishing to benefit from the rental or sale (hereinafter the “Lessee”).
2.3 In particular, the relationship between the Parties under these GTC is a relationship between independent persons, which cannot be interpreted as (i) giving one of the Parties the power to direct and control the activities of the other, or (ii) authorizing one Party to act on behalf of and for the account of the other Party. Neither Party shall be bound by the acts, statements, or behavior of the other Party.
2.4 Users agree not to use Deelen for illegal purposes, contrary to these GTC or contrary to public order and good morals, or for any other purpose not reasonably foreseen by IW. Additionally,Users agree not to rent or sell regulated products, including but not limited to tobacco, medications, controlled substances, weapons, ammunition, explosives, or any other items that are restricted or prohibited under applicable laws and regulation.
3 REGISTRATION PROCEDURE AND ACCESS TO SERVICES
3.1 In order to access the Services, Users are required to register on Deelen and accept these GTC. Registration on Deelen is completed by filling out the dedicated registration form available at the following address: https://deelen.lu/signup/. During the registration process, IW may verify the identity of Users by securely collecting identity documents. More information on the personal data collected and processed during the registration process and any subsequent use of Deelen can be found in the privacy notice available at the following address: https://deelen.lu/privacy-policy/. Registration is open to any adult natural person aged 18 or over, and any legally constituted legal entity with the capacity to contract.
3.2 The information provided during registration must be accurate, complete, and up to date. The User undertakes to promptly notify IW of any changes to the information provided during registration, including the User’s email address, which will be used for contacts between the User and IW.
3.3 The account on Deelen is strictly personal and may not be transferred, in whole or in part, to any third party. The User is responsible for safeguarding the confidentiality and security of their password and any other authentication methods provided by IW for account access. Sharing login credentials with third parties is strictly prohibited, and the User bears full responsibility for all activities conducted through their account. In the event of loss, theft, or any unauthorized use, the User must promptly notify IW, which will take the necessary actions.
4 CONDITIONS RELATING TO LISTINGS AND RENTAL OR SALE
4.1 When offering products for rental or sale, the Lessor should ensure:
(a) that any listings posted by the Lessor provide complete and accurate information about the products available for rent or sale and images included in the listing accurately represent the products;
(b) all essential contractual terms and conditions for the sale or rental of the item are outlined in the listing, ensuring that the sale or rental can proceed, provided they do not contradict these GTC;
(c) having all necessary rights to rent or sell the products and that they will not infringe any third party’s rights;
(d) that the products are lawful, safe to use, and suitable for their intended purpose, whether for their typical use or as advertised by the Lessor;
(e) that they shall comply with the terms of the agreement with the Lessee and all applicable laws related to the products and their sale or rental, including consumer protection laws if applicable, as well as product regulations.
4.2 The Lessor is solely responsible for setting the price of their offer for rent or sale, including the collection of applicable taxes, unless otherwise required by law. The price advertised on Deelen for the products should be the total price for the sale or the rental of the products, including all applicable taxes and costs for delivery, if applicable. The Lessor agrees to comply with all relevant tax regulations, including making all the necessary tax declarations to the competent tax authorities. If required, Deelen may have to cooperate with tax authorities to ensure compliance with tax regulations.
4.3 The Lessor may require a security deposit from the Lessee to cover potential damages or non-returns. The Lessor is solely responsible for setting the price of the security deposit. If a deposit is required:
(a) it shall be released within 24 hours after the Lessor has confirmed that the product has been returned to them without damages;
(b) In case of a dispute between the Lessor and the Lessee (e.g. whether the product has been returned without damages), IW may temporarily hold the deposit until a resolution is reached;
(c) In any case, the Lessor shall confirm whether the product has been returned within 24 hours after said return. Failure to do so within such timeframe will result in the automatic release of the security deposit.
4.4 The Lessee is responsible for ensuring that:
(a) they are legally permitted to use any products rented from the Lessor and that they comply with all applicable laws when using the products;
(b) they comply with the terms of the agreement with the Lessor and follow any reasonable instructions provided by the Lessor to ensure the safe use of the products;
(c) in case of a rental, they return the item in the same condition as when it was collected from the Lessor, except for reasonable wear and tear.
5 BOOKINGS AND CANCELLATION OF BOOKINGS
5.1 The Lessee may book the products available for rent or sale by selecting the appropriate option on the listing posted by the Lessor. The Booking request is subject to the acceptance of the Lessor within 48 hours of the Booking request; failure of the Lessor to accept the Booking request within 48 hours will result in such request being automatically cancelled. Once the Booking request is accepted by the Lessor, both the Lessor and the Lessee acknowledge that a binding rental or purchase agreement is formed between them under the terms specified in the listing.
5.2 A Lessee or Lessor wishing to cancel a Booking may do so by sending an email to the following email address: help@deelen.lu. Cancellation of a Booking is not available for sales and the Lessee should directly contact the Lessor in this case, especially for the exercise of a withdrawal right in accordance with consumer laws as the case may be.
5.3 Cancellations of a Booking made through the platform may result in refunds, partial refunds, or no refunds, as well as potential penalties in accordance with the Cancellation Policy available at Cancellation Policy. Additionally, cancellations may lead to deductions of loyalty points, as stipulated in the Deelen Loyalty Policy available at Deelen Loyalty Policy.
5.4 In the event that a User is unable to fulfill their obligations due to a force majeure event, including but not limited to natural disasters, pandemics, government-imposed restrictions, or any other unforeseeable and unavoidable circumstances beyond their control, the User shall notify IW as soon as possible. Such notification must be accompanied by all necessary supporting evidence demonstrating the occurrence and impact of the force majeure event. Upon receipt of the request, IW shall assess the validity of the claim at its sole discretion. If the request is accepted, the User shall be entitled to a full refund, including any fees paid to IW.
6 FEES
6.1 IW applies a 18% commission on the total rental or sale price, which is deducted directly from the amount paid to the Lessor. This commission covers the platform’s operational costs, including connecting users, managing transactions, and providing customer support. This commission is non-refundable, even in the event of a late cancellation by the Lessee. To ensure that each transaction covers the necessary operational expenses, Deelen imposes a Minimum Commission Fee as follows: Lessor Minimum Commission Fee: €1 per transaction. In the event that the calculated commission based on the applicable percentage is lower than the Minimum Commission Fee, the Minimum Commission Fee shall apply.
- IW also applies to every transaction a fixed administrative fee of €2, which is added to the total amount paid by the Lessee. This administrative fee is non-refundable, even if the Lessee cancels the Booking.
6.3 It is the Lessor ‘s responsibility to communicate to IW that it is acting as a professional when using Deelen (as the case may be). In this respect, it shall request from IW, if needed, the drawing up of an invoice and transfer to Deelen all necessary information (such as RCS number or VAT number) in this respect. In principle, Deelen does not apply VAT to professionals on the commission.
6.4 Payments on Deelen are processed through the available payment methods (such as bank transfer with a valid IBAN number to be transferred to us) or provided by our authorized third-party payment service provider.
7 CONTENT, RATINGS, AND COMMENTS
7.1 Users can make content available to other Users on Deelen, such as texts, photographs, images, videos, etc., within the framework of Booking and renting or selling (the “Content”).
7.2 Users are solely responsible for the Content they make available on Deelen and undertake to provide Content that is not illegal or unlawful, contrary to public order or good morals, and that does not infringe any third-party rights, including third-party intellectual property rights.
7.3 Users guarantee that their Content does not infringe upon the rights of any third party, including but not limited to intellectual property rights, or violate any applicable laws, regulations, or the provisions of these GTC. In the event of any such infringement, the User shall indemnify and hold IW harmless against any claims, legal actions, or proceedings brought against it. The User further agrees to bear all associated legal costs and any damages that IW may be required to pay.
7.4 Deelen allows Users to leave comments and assign ratings regarding a Lessor or a Lessee. This option is only available to the Lessor and Lessee who have genuinely concluded an agreement through Deelen.
7.5 Comments and ratings left by Users must be truthful and meet the same conditions as the Content described above. In particular, Users are prohibited from publishing insulting, defamatory, or denigrating comments, or from engaging in any form of collusion.
7.6 IW reserves the right not to publish or to delete the Content, comment, and rating of a User that do not comply with the above conditions.
7.7 Users can respond to any comment left about them. In case of a dispute about a comment or rating, Users can contact IW at the following address: complaints@deelen.lu with appropriate justifications.
8 INTELLECTUAL PROPERTY
8.1 Deelen and its content, including but not limited to texts, graphics, logos, icons, video, sound, and software, are protected by intellectual property rights owned by IW and/or third parties and therefore cannot be copied, reproduced, distributed, posted, downloaded, transmitted, or used without the prior written consent of IW. The User cannot claim any intellectual property rights on Deelen and its content.
8.2 By uploading Content through Deelen, Users grant IW, free of charge, a non-exclusive and freely transferable license on the intellectual property rights related to the Content, valid both in the Grand Duchy of Luxembourg and in any other countries and for the duration of the validity of said intellectual property rights. Under this license, Users authorize Deelen to use, reproduce, display, distribute, broadcast, communicate, grant a sublicense, and make the Content available in order to provide the Services on Deelen and promote them.
9 RESTRICTIONS, SUSPENSIONS AND OTHER SANCTIONS
9.1 IW reserves the right to monitor the use of Deelen by Users to avoid any fraudulent accounts and impose restrictions on the use of Deelen, temporarily suspend accounts, or permanently terminate accounts in accordance with the provisions of clause 12 of these GTC, in cases where Users violate these GTC or for other justified reasons, including but not limited to:
(a) engaging in fraudulent, deceptive, or unlawful activities;
(b) infringing the rights of third parties, including intellectual property rights;
(c) using Deelen in a manner that disrupts its integrity, security, or proper functioning;
(d) providing false or misleading information during registration or use of Deelen;
(e) repeatedly cancelling Bookings without reasons of force majeure;
(f) failing to comply with requests from Deelen regarding compliance with these GTC.
9.2 To ensure platform security, Deelen may conduct identity verification checks, request additional information, or temporarily suspend accounts suspected of fraudulent activity. Users attempting to bypass Deelen’s transaction system (e.g., direct cash payments, circumventing platform fees) may face account suspension or permanent banning.
9.3 Any such measures will be imposed in a proportionate manner, considering the nature and severity of the violation. Unless exempted by applicable law, IW will provide Users with a statement of reasons for the decision.
9.4 Users who believe that a restriction, suspension, or termination was imposed in error or unfairly may appeal the decision by contacting complaints@deelen.lu. Appeals will be reviewed on a case-by-case basis, and Users will be informed of the outcome within a reasonable timeframe.
10 RECOMMENDER AND RANKING SYSTEMS
10.1 Deelen does not use a specific ranking system. In general, offers are displayed based on their relevance to the search terms provided by the User when using Deelen. The relevance is determined through automated processes that match the content of the offers with the User’s query.
10.2 Additionally, certain offers may be highlighted manually by IW in a dedicated “Trending Now” section of Deelen based on multiple criteria, ranked in order of importance. First, offers are selected according to the number of points earned, in accordance with the Deelen Loyalty Policy . They are then evaluated based on the number of views, interactions, and inquiries they generate. Lastly, their relevance to the time of year is also considered—for example, Christmas-related items may be prioritized before the holiday season, or Halloween-related offers before Halloween.
10.3 All the main parameters used for ranking and their relative importance can be found at the following link: Deelen Loyalty Policy . Otherwise, Deelen does not apply any differentiated treatment between Users in the ranking or display of offers.
11 PERSONAL DATA AND ACCESS TO DATA
11.1 Personal data is processed in accordance with the terms of the privacy policy of Deelen (the “Privacy Policy”). Users’ personal data is handled with the highest standards of security and confidentiality, in compliance with applicable data protection laws.
11.2 The Lessor and the Lessee may only access the personal data of other Users through their Deelen account as explicitly set out in the Privacy Policy. Such access is strictly limited to the data necessary for Users to fulfil an offer they have made or accepted through Deelen. Users may only access the specific information required to execute a rental or sale, as made available through their Deelen account. Users may also access their own personal data.
11.3 IW does not provide access to any other personal data or business-related data of Users beyond what is strictly necessary for the fulfilment of an offer. Additionally, upon termination of these GTC, Users will no longer have access to any personal or other data they have provided, transmitted, or generated through the platform.
11.4 Deelen does not share personal data or other information with third parties unless such sharing is necessary for the proper functioning of the platform or required by law as set out under the Privacy Policy. In cases where data sharing with third parties is not essential for Deelen’s operation, Users will be informed thereof.
11.5 For further details on how personal data is processed and accessed, Users may access the Privacy Policy at https://deelen.lu/privacy-policy/.
12 ENTRY INTO FORCE, DURATION, AND TERMINATION
12.1 These GTC come into force upon their acceptance by the User during the registration process on Deelen, and for an indefinite period. The User can unsubscribe at any time by choosing the appropriate option on the Deelen platform, thus terminating these GTC Notwithstanding the termination of these GTC, clauses related to reservations and cancellations (clause 5), intellectual property rights (clause 8), limitation of liability (clause 13), and any other provisions which by their nature are intended to survive termination shall remain in full force and effect.
12.2 In this case, finalized Bookings still in progress at the time of unsubscribing and termination of the GTC are considered cancelled by the User, and clause 5 of these GTC applies.
12.3 IW may terminate these GTC for cause and close the User’s account with one (1) month notice sent by email to the email address provided by the User during registration. IW may also immediately terminate these GTC and close the User’s account if:
(a) IW is subject to a legal or regulatory obligation which requires it to terminate the provision of Deelen in a manner which does not allow it to respect that notice period;
(b) there is an imperative reason for the immediate termination pursuant to national law; or
(c) IW can demonstrate that the User concerned has repeatedly infringed the applicable GTC, resulting in the termination of the provision of Deelen.
12.4 Termination by IW shall be accompanied by a statement of reasons, in accordance with the conditions and timeframes set forth in applicable laws, unless an exemption from this obligation is provided under such laws
13 LIMITATION OF LIABILITY
13.1 IW will make every reasonable effort to maintain the availability of the Site. However, IW cannot guarantee that the use of the Site will be uninterrupted or error-free. Access to the Site may be temporarily restricted or suspended due to maintenance, updates, technical issues, or other factors beyond IW’s control.
13.2 IW is not a party to, nor does it assume any involvement in, the contractual relationship that may arise or exist between the Lessee and the Lessor. Accordingly, Users acknowledge and agree that IW shall bear no liability whatsoever, whether towards Users or any third parties, in connection with such relationship.
13.3 The User shall fully indemnify and hold IW harmless from and against any claims, actions, or proceedings initiated against IW by a third party arising from or in connection with (i) the contractual relationship between the Lessor and the Lessee, (ii) the User’s failure to comply with these GTC, or (iii) the User’s violation of any applicable laws or regulations. In such cases, the User shall bear all associated legal costs, expenses, and any damages or amounts that IW may be required to pay.
13.4 IW’s liability shall be strictly limited to instances of gross negligence or willful misconduct on its part. Moreover, IW shall only be liable for direct and foreseeable damages resulting from the proper performance of the Services. Under no circumstances shall IW be held liable for indirect or unforeseeable losses or damages suffered by the User or any third party, including, but not limited to, loss of profits, financial loss, commercial harm, loss of revenue, loss of clientele, or loss of opportunity.
14 SEVERABILITY – WAIVER – NOTICE – ASSIGNMENT
14.1 Unless otherwise stipulated, any notice or other communication in connection with the GTC shall be made by email, (i) to the User using the email address registered by the User during the registration process and (ii) to Deelen, using the following email address: [e-mail address]. It is the User’s responsibility to communicate any update of their email address.
14.2 If any provision of the GTC is or becomes invalid, void, or unenforceable, this shall not affect the validity or enforceability of the other provisions of the GTC to the extent permitted by applicable law.
14.3 Any failure or delay by Deelen in exercising a right, power, or remedy under these GTC shall not constitute a waiver of that right, power, or remedy, nor shall it affect the subsequent exercise by Deelen of any of its rights, powers, or remedies under the GTC.
15 APPLICABLE LAW AND JURISDICTION
15.1 These GTC and more generally the Services are exclusively subject to Luxembourg law. In the event of a dispute, of any nature whatsoever, it shall fall under the exclusive jurisdiction of the courts of Luxembourg City.