Article 1: Applicability Definitions
1. These general terms and conditions apply to every offer from us and to all our contracts for services that we conclude with you.
2. If (part of) a provision is void or destroyed, the other provisions of these general terms and conditions will continue to apply.
3. In the event of a discrepancy between these general terms and conditions and a translation thereof, the Dutch text shall apply.
4. These general terms and conditions also apply to follow-up or partial assignments.
5. All provisions in these terms and conditions are written for both our business clients and consumers. We use the term “consumer” when a provision contains a derogation/addition that applies only to consumers. A “consumer” is: a natural person who acts outside his trade or profession.
6. We also use the following terms in these general terms and conditions:
a. offer: any offer from us, whether or not in the form of a written offer;
b. in writing: by letter, e-mail, fax or any other form of communication that can be equated with this, such as WhatsApp messages;
c. information: both physical/digital documents and other (oral) data;
d. assignment: an assignment for cleaning/washing/steaming and related treatments of textiles (linen, kitchen textiles, clothing, etc.);
e. things: the textile products you offer us for cleaning and the like.
Article 2: Offer prices
1. Unless we state a validity period in/with our offer, this is a non-binding offer. We may revoke an offer without obligation within 2 working days after receipt of your acceptance.
2. A composite offer does not oblige us to deliver part of the offered performance against a corresponding part of the price.
3. If we base our offer on your information and this information turns out to be incorrect/incomplete or changes afterwards, we may adjust the stated prices and/or terms accordingly.
4. Our offer and prices do not automatically apply to new or follow-up orders.
5. Samples and examples of treated textiles shown or provided to you, descriptions of treatment methods and results and other descriptions in brochures, promotional materials or on our website are as accurate as possible, but are indicative only. You can not claim any rights to this.
6. The samples and samples provided remain our property. As soon as we request this, please return it to us. The costs of return are for your account.
7. If we incur costs for our offer, we may pass these costs on to you. We will inform you in advance.
8. Our prices stated in an offer or price list are exclusive of VAT and any costs, such as transport costs and declarations from engaged third parties.
9. If we are faced with (cost) price-increasing circumstances after concluding the agreement, we may adjust the prices agreed with you accordingly. (Cost) price-increasing circumstances are in any case changes in laws and regulations, government measures, currency fluctuations, changes in the prices of required (cleaning) agents or changes in the rates of third parties engaged.
10. Are you a consumer and does it concern a price change within 3 months after the conclusion of the agreement? Then you may dissolve the agreement within 5 working days of our notification of the change. Dissolution takes place by means of a written statement addressed to us.
11. With continuing performance contracts, we are allowed to implement a regular price increase every year and pass it on to you. We will inform you no later than one month before the start date of the increase.
Article 3: Conclusion of agreement
1. The agreement is concluded after you have accepted our offer. If your acceptance deviates from the offer, the agreement will only be concluded after we have agreed to the deviations in writing.
2. We are only bound by:
a. an assignment without prior offer;
b. oral agreements;
c. additions to or amendments to the terms and conditions or agreement;
after we have confirmed this to you in writing or as soon as we have started – without your objection – with the execution of the assignment or agreements.
Article 4: Enabling third parties
We may have work performed by third parties.
Article 5: Obligations -information
1. You ensure that:
a. you provide us in a timely manner with all information required for the execution of the agreement, such as details about specific contaminants;
b. you make the business to be handled available to us in a timely manner and in the agreed manner;
c. you separately pack items that we have to chemically clean and mark “chemical cleaning”;
d. you must pack valuables – such as unique items, haute couture, etc. – individually and label them as “precious” or report them to us in advance;
e. pockets of clothing are empty and you remove loose objects such as belts, buckles, epaulettes, etc. You are liable for any damage we suffer (for example to our equipment) from such items left behind;
f. you collect or take receipt of the goods at the agreed time;
g. you inform us immediately if you receive items back that are not your property. You keep these items carefully for us until we have collected them.
2. You guarantee that the information provided to us is correct and that you indemnify us against claims by third parties arising from the incorrect/incompleteness of this information.
3. We keep all information that we receive from or about you when concluding/executing the agreement. We only provide this information to third parties insofar as this is necessary for the execution of the agreement.
4. We process information that falls under the GDPR (General Data Protection Regulation) in accordance with the GDPR and also report any breaches of security of the information in accordance with the GDPR.
5. Do you not (timely) comply with the aforementioned obligations or your other obligations under the agreement/these general terms and conditions? Then we may suspend the execution of the agreement until you have fulfilled your obligations. The costs and other consequences (for example damage) arising from this are for your account and risk.
6. If you fail to meet your obligations and we do not demand immediate performance, this will not affect our right to request performance from you at a later date.
Article 6: Treatment agents and methods
1. Unless we agree otherwise, we ourselves choose the appropriate treatment resources and methods for the execution of the assignment, according to the standards applicable in the industry at that time.
2. When choosing specific agents and methods, we may rely on the information as stated on labels attached to the goods about material composition and treatment recommendations.
3. If we do not know what effect your desired means/methods have on the business or the end result, or if we explicitly advise against the means/methods, we will inform you about this. Do you want us to use these resources/methods anyway? Then we are not liable for the consequences of this use and the resulting damage.
4. If we believe that the means/methods you want to use are harmful or endanger our staff, we may refuse their use. We will then consult with you about alternative means/methods.
5. We may refuse to handle items if we find that treatment with the means/methods available to us is not possible or may lead to damage to the items. We will then return the relevant items to you. You do not owe the agreed price for these items.
Article 7: Delivery -terms -progress and execution of the agreement
1. We make every effort to deliver the agreed performance on time, but agreed terms are never strict deadlines. Do we not fulfill our obligations (on time)? In that case, you must still allow us a reasonable period of time for compliance with written notice of default.
2. If there is a delay in the start, progress or completion of an assignment because: a. we do not receive all necessary information from you in time; b. we do not have access to the matters to be handled in time; c we do not receive an agreed (advance) payment from you on time; d. there are other circumstances that are for your account and risk; we are entitled to a reasonable extension of the agreed term and to reimbursement of the costs involved and damage, such as possible waiting times.
3. Do we expedite the execution of the agreement at your request? Then we may pass on the overtime hours and other costs involved.
4. The risk for items to be returned transfers to you as soon as the items leave our premises or we inform you that you can collect the items.
5. Transport of the goods is at your expense and risk. We are not liable for damage related to transport.
6. Are you a consumer? Then the risk for these items transfers to you as soon as you or a third party designated by you receive the items. Do you designate a carrier yourself? Then the risk passes to you when the goods are received by this carrier. Shipping or transport is at your expense.
7. Do we collect the goods ourselves or do we return the goods to you ourselves? In that case, the transport of the goods is at our risk, but we may charge you transport costs.
8. We may store the items at your expense and risk if we are unable to return the items to you, if you do not collect these items or if we are unable to carry out the order and the cause of this is at your risk. We will give you a reasonable term within which you give us the opportunity to return the goods, to still carry out the order or to collect the goods after all.
9. Do you fail to fulfill your (purchase) obligation after this reasonable period? Then you are immediately in default. We may dissolve the agreement in whole or in part – by means of a written statement addressed to you – and sell or destroy the goods to third parties, without having to pay any damage, interest and costs to you. This also does not affect our right to compensation for our (storage) costs, damage and loss of profit or our right to still request compliance from you.
10. Upon receipt of items to be handled, we provide a receipt. Unless you inform us about the loss/theft of your receipt, we will only hand over items to be returned to the person who can show us this receipt.
11. We carry out the agreed work properly and in accordance with the standards applicable in our industry, but give no further guarantee than we expressly agree with you.
12. When executing the order, we take into account the relevant legal regulations and government decisions. The costs for complying with this are for your account.
13. If applicable, we point out imperfections, errors, possible problems, etc. in/in the by or on behalf of you:
a. information provided;
b. prescribed/desired treatment methods and resources;
c. given directions;
insofar as these imperfections, errors, problems, etc. are relevant to our performance and we are aware of them or can reasonably be expected to be.
14. We also inform you about the consequences for agreed prices and terms:
a. if you want to make changes to an assignment;
b. if during the execution of the assignment it appears that we cannot perform it in the agreed manner due to unforeseen circumstances. We will consult with you about a possible modified version. Do the aforementioned circumstances make implementation impossible? In that case, we are in any case entitled to full reimbursement of the work already performed and the costs incurred by us.
15. We will agree additional and less work with you in writing. We are only bound by oral agreements after we have confirmed them to you in writing or as soon as we have started the implementation without your objection. Additional work in any case concerns all additional work arising at your request or necessarily from the execution of the assignment that is not included in the offer/your assignment. We may pass on the costs involved separately to you.
Article 8: Complaints
1. You inspect the handled items immediately upon receipt and report any visible defects, damage, missing items and/or deviations in returned types, colors, etc. on the waybill/accompanying note. In the absence of a consignment note/accompanying note, you must report these complaints to us within 2 working days of receipt, followed by a written confirmation. Do you not report these complaints in time? Then the goods are deemed to have been received by you in good condition and to be in accordance with the agreement.
2. You must report other complaints about the goods (eg complaints about incorrect handling) to us in writing immediately after discovery – but before use and at the latest within one month after receipt of the return. All consequences of failing to report immediately are at your risk.
3. Do you not report a complaint in time? Then you cannot invoke an agreed guarantee.
4. Complaints do not suspend your payment obligation.
5. The previous paragraph does not apply to consumers.
6. You enable us to investigate the complaint and provide us with all relevant information. Is it necessary for the investigation that you make the business data available to us or do we have to investigate the complaint on the spot? Then this is at your expense, unless your complaint turns out to be well-founded. You always bear the transport risk.
7. No complaints are possible about:
a. imperfections in/matters that are inherent in the nature of the materials from which the items are made;
b. items that have already been used, worked or processed by you after receipt.
8. In the event of a justified complaint, we have the choice between carrying out the agreed work, free of charge and in the correct manner, or a refund of/discount on the agreed price. In the event of additional damage, the provisions of the liability article apply.
9. Are you a consumer? In that case, you may always opt for the work to be carried out – free of charge and in the correct manner – unless this cannot reasonably be asked of us. In the latter case, you may dissolve the agreement – by means of a written statement addressed to us – or request a discount on the agreed price.
Article 9: Liability
1. Except for the results/quality requirements expressly agreed with you or guaranteed by us, we do not accept any liability.
2. We are only liable for direct damage. Any liability for consequential damage, such as trading loss, loss of profit and loss, delay damage, personal injury or injury, is expressly excluded.
3. You take all necessary measures to prevent or limit the damage.
4. If we are liable, our compensation obligation is always limited to a maximum of the amount that our insurer pays out in the appropriate case. Is there no payment or is the damage not covered by an insurance policy taken out by us? In that case, our obligation to pay compensation is limited to a maximum of the value of the items that are missing or that are no longer suitable for normal use due to damage, etc., with a maximum of the invoice amount for the work performed.
5. By the “value” of the items in the previous paragraph, we mean the purchase value of the items in question, less a reasonable depreciation, taking into account the age/usage of the items. Does it concern valuables that you have not certified or reported to us when you made them available? In that case, we do not base the purchase value on the actual value, but on the average purchase value of a comparable textile product. For example: for haute couture trousers, we then assume the average value of a pair of ready-to-wear trousers. An item is considered missing if we do not return it to you within one week of your report of the loss.
6. In the case of continuing performance contracts, our compensation obligation is limited to the invoice amount owed over the last 3 months/instalments if our insurer does not pay out or the damage is not covered by our insurance.
7. All your claims for compensation for damage suffered will become statute-barred in any case 6 months after you became aware of/could have known about the damage suffered by you and could therefore have sued us for this.
8. Contrary to the previous paragraph, a term of 1 year applies to consumers.
9. We are not liable -and you cannot invoke the applicable warranty -if the damage is caused by:
a. incompetent/insufficient maintenance of the goods or incorrect/inexpert pre-treatment of the goods by you or a third party engaged by you;
b. your inexpert safekeeping (storage) of the handled cases;
c. incorrect handling as a result of not offering the goods to be handled in the agreed manner;
d. or consists of usual wear or shrinkage occurring during the treatment;
e. an inherent defect of the goods, such as poor quality/faulty production (for example, cutting seams and seams too short), weaving errors, insufficient loop strength of pile fabric, insufficient fastness/adhesion of dyes, deterioration of the goods as a result of chemicals used in the painting/printing of the goods, weighting agents, sizing or impregnating agents present and the effect of substances adhered to them during the use of the goods;
f. an unfamiliarity with the composition of the materials of the things that cannot be attributed to us. For example, in the absence of labels on/in the business or in the event of illegible/incorrect labels;
g. objects in or on the goods, such as non-stainless metal objects;
h. or as a result of loss/damage of buttons, buckles, zippers, rubber facings, glued belts, etc. to the goods;
i. or as a result of the fact that the items cannot be completely cleaned with the usual and available means/methods in the industry without damage being caused. This applies unless we could reasonably have avoided the damage through a professional assessment;
j. errors, incompleteness, problems, etc. in the information or treatment means/methods provided or prescribed to us by/on behalf of you;
k. your directions or instructions;
l. or as a result of a choice made by you that deviates from our advice or customary;
m. or because (repair) work or changes/processing to the handled cases have been carried out by/on behalf of you, without our express prior consent.
10. In the situations referred to in the previous paragraph, you are fully liable for the resulting damage and you indemnify us against claims from third parties.
11. The limitations of liability included in this article do not apply if the damage is due to our intent or willful recklessness or if the limitations are contrary to mandatory statutory provisions. Only in these cases do we indemnify you against claims from third parties.
Article 10: Payment
1. We may always request a (partial) advance payment or other security for payment.
2. Unless we agree otherwise, you pay within 14 days of the invoice date. The correctness of the invoice is established if you do not object within this payment term.
3. Have you not paid (in full) within the payment term? Then you owe us default interest of 2% per month, to be calculated cumulatively on the principal sum. We count parts of a month as a full month. What does this cumulative monthly interest mean? In the first month after the payment term has expired, we calculate the interest on the principal. In each subsequent month that you do not pay, we calculate the interest on the principal plus the interest already accrued in the previous month(s).
4.We charge consumers a default interest of 6% per year, unless the statutory interest is higher. In that case, the statutory interest applies.
5. If your payment is still not received after a reminder, we may also charge you extrajudicial collection costs amounting to 15% of the invoice amount with a minimum of € 40.00.
6. In the event of a reminder, we give consumers at least a period of 14 days after receipt of this reminder to still pay. If payment is not made again, the extrajudicial collection costs for the consumer are:
a. 15% of the amount of the principal over the first €2,500.00 of the claim (with a minimum of €40.00);
b. 10% of the amount of the principal over the next €2,500.00 of the claim;
c. 5% of the amount of the principal over the next €5,000.00 of the claim;
d. 1% of the amount of the principal over the next €190,000.00 of the claim;
e. 0.5% of the greater of the principal.
All this with an absolute maximum of € 6,775.00.
7. For the calculation of the extrajudicial collection costs, we may increase the principal sum of the claim after 1 year with the default interest accrued in that year.
8. Is your payment not forthcoming? Then we may dissolve the agreement – by means of a written statement addressed to you – or suspend our obligations under the agreement, until you still pay or provide us with proper security for this. We already have this right of suspension before you are in default with your payment, if we already have good reasons to doubt your creditworthiness.
9. Payments received will first be deducted from all interest and costs owed and then from the longest outstanding due and payable invoices, unless you state in writing with the payment that this relates to a later invoice.
10. You may not set off our claims against any counterclaims you believe you have against us. This also applies if you apply for a (provisional) suspension of payments or if you are declared bankrupt.
11. The previous paragraph does not apply to consumers.
Article 11: Your property lien
1. If you make items available to us for cleaning, etc., these remain your property. We do not use these properties other than is necessary for the execution of the assignment.
2. We may, however, suspend the return of your property if -and during the period that -you:
a. has not (fully) paid the costs of (previous) work on these properties;
b. has not (fully) paid other due and payable claims that we have against you.
3. We are not liable for any damage – of whatever nature – arising from the right of retention exercised by us.
Article 12: Bankruptcy – lack of jurisdiction, etc.
1. We may terminate the agreement – by means of a written statement addressed to you – at the time when you:
a. is declared bankrupt or has filed for bankruptcy;
b. apply for a (provisional) suspension of payments;
c. is affected by an enforceable attachment;
d. is placed under guardianship or administration;
e. otherwise lose the power of disposal or legal capacity with regard to (parts of) your assets.
Article 13: Force Majeure
1. If we fail to fulfill our contractual obligations towards you, this cannot be attributed to us in the event of force majeure.
2. In the following circumstances, in any case, there is force majeure on our side:
a. war, riot, mobilization, domestic and foreign disturbances, government action or threat of these/similar circumstances;
b. disruption of the currency relations existing at the time of entering into the agreement;
c. operational disruptions due to fire, burglary, sabotage, power failure, internet or telephone connections, cybercrime, strikes, natural phenomena, (natural) disasters, etc.;
d. due to weather conditions, roadblocks, accident, measures that impede import and export, a (temporary) lack of the (cleaning) resources required for the work, etc. transport difficulties and delivery problems.
3. In the event of force majeure, we may dissolve the agreement – by means of a written statement addressed to you – or adjust our work/deliveries or suspend them for a reasonable period. In that case, we do not have to pay you any compensation.
4. Does the force majeure situation occur after we have already partially performed the agreement? Then we are entitled to compensation for work already performed.
Article 14: Cancellation -suspension
1. If you cancel an order before or during execution, we may charge you a fixed compensation for:
a. all costs incurred (such as cleaning agents already purchased for the work);
b. our damages suffered as a result of the cancellation including lost profits.
Depending on work already performed and costs incurred, this compensation is 20 to 100% of the agreed price/compensation.
2. If you cancel/move a scheduled appointment less than 24 hours in advance or are not present at the agreed time, we may charge you for the reserved time.
3. You indemnify us against claims from third parties arising from the cancellation.
4. We may set off the compensation owed against all amounts paid by you and any counterclaims you may have.
5. Are you asking us to suspend the execution of the order? Then we may immediately claim the compensation for all work performed and charge it to you. This also applies to costs incurred, costs arising from the suspension and hours that we/third parties engaged by us have already reserved at that time for the suspension period.
6. Costs that we incur for resuming work are also for your account. Can we not resume the execution of the assignment after the suspension? Then we may dissolve the agreement by means of a written statement addressed to you.
Article 15: Applicable law – competent court
1. Dutch law applies to our agreements.
2. We submit disputes to the competent court in our place of business. In addition, we always reserve the right to submit the dispute to the competent court in your place of business or residence.
3. As a consumer you can always choose the legally competent court, even if we choose another court. You will then inform us of your choice within one month of receipt of the summons.
4. If you are established/resident outside the Netherlands, we may also submit the dispute to the competent court in the country or state where you are/live.