§ 1 Subject of the terms and conditions
The following conditions apply to the cleaning and care of vehicles. The customer places the order in accordance with Price list or order and The Cleaner accepts the order on the following conditions:
§ 2 making appointments
a) Appointments are generally made by mutual agreement between the two business parties. Rush orders must be declared separately by the customer as such. A corresponding express service from The Cleaner is non-binding. Its execution and calculation depend on the order situation of The Cleaner.
b) Appointments also represent orders and are viewed as such in the legal sense. Irrespective of this, the customer must sign a written order confirmation on site immediately before the vehicle cleaning / cleaning begins, or send such a written order to The Cleaner by fax or email.
§ 3 Failure to meet an appointment
a) Appointments generally remain valid until the agreed date. This does not apply only if a business party cancels the appointment at least three hours before the agreed execution date.
b) In the event of force majeure or official orders, an appointment can be declared void at short notice.
c) In the event of the cancellation of an appointment due to force majeure or an official order, neither party will have any claims for damages against the other party.
d) In the event of significant delays that have an extraordinary impact on our workflow and which were caused by the customer, we reserve the right to arrange a new appointment or to postpone the completion date. Should it still be possible for us to meet the agreed date, we reserve the right to charge a rush surcharge.
§ 4 Terms of payment / payment agreement
Companies that have placed an order pay when the vehicle is handed in after receiving the invoice on site using one of the payment methods offered.
§ 5 complaints
a) A claim for rework in the area of vehicle cleaning or vehicle maintenance can only be asserted if the vehicle cleaning was clearly defective and there is no willful intent or gross negligence on the part of the customer.
b) In the event of justified complaints, The Cleaner must ensure that this is compensated accordingly.
c) Complaints regarding vehicle cleaning are to be reported immediately by the customer and are subject to the documentation obligation (pictures).
§ 6 liability and guarantee
a) The Cleaner assumes liability for damage caused deliberately, through gross negligence or improper handling of the vehicle.
b) No liability is expressly assumed for objects remaining in the vehicle.
c) In the case of paint damage caused by The Cleaner but originating in damaged paint (e.g. stone chips, paint flaking, poorly processed paint, scratches, etc.), vehicle cleaning and its employees cannot be held responsible or for claims for damages will.
d) Damaged car accessories such as defective rims, antennas, exterior mirrors, improperly fitted interiors and accessories that are damaged or destroyed by vehicle cleaning and their employees also do not have any claims for damages, unless the vehicle cleaning company and its employees to prove a clear fault.
e) In the case of heavily soiled interior fittings that have stains and bruises, slightly aggressive chemicals can be used for cleaning. This can lead to color fading and color deviations. With The Cleaner's General Terms and Conditions, the customer accepts these possible damages at his own expense
f) Liability for damage that was present on the vehicle in question before the vehicle was cleaned and that was increased by the work on the vehicle is not accepted, see § 6 b, c, d.
g) If it is doubtful from the outset whether a certain success can be achieved at all, only the provision of the services and not their success is owed. The customer will be informed of this condition in the consultation, at the latest before the start of work, insofar as this is foreseeable beforehand.
h) Should moisture-sensitive installations such as mobile devices, hi-fi systems or accessories, alarm systems or similar. in the vehicle, we reserve the right to limit cleaning performance.
i) The customer undertakes to inform The Cleaner in advance of the work to be carried out about the aforementioned electrical components (see h), provided that their location is not in view. Otherwise, in the event of damage caused by vehicle cleaning, no claims for damages can be made.
j) In the event of damage, image documentation of the damaged object must be created immediately.
k) The damage must be reported to The Cleaner employee on site immediately after becoming known to the customer.
l) Damages complained about later, which could have been caused by a later event, will not be recognized.
§ 7 formalities and written confirmation
a) Before starting work on the customer's vehicle, the customer must sign the order.
b) With his signature, the customer recognizes the general terms and conditions
(Terms and Conditions) or the extraordinary agreements noted on the order.
8 prices / package prices
a) The costs of cleaning or vehicle maintenance depend on the respective effort. This depends on the condition of the vehicle before cleaning starts.
b) Price information on vehicle cleaning information is for guidance only and does not constitute a binding price offer. The actual final price may vary depending on the degree of pollution of the vehicle from the price list.
c) The final prices of the services to be provided are set immediately before the start of work and noted on the order confirmation.
d) Flat-rate price agreements are an exception. They are valid for a period of two weeks. Flat rate agreements can be terminated by either party at any time without stating a reason.
e) With his signature, the customer accepts the price stated in the order confirmation and the offer on which the price agreement is based. We are committed to our offers two weeks after placing the order.
f) In the case of heavy soiling such as animal hair, faeces, paints, etc., which only become apparent during the course of cleaning, an additional charge can be claimed regardless of previous price agreements.
g) Additional or special services will be charged to the customer in the form of our hourly rates or the material price (€ 40.00 / hour) for cleaning.
h) Vehicle transfer and pick-up and delivery service are included in our service. Liability insurance for car cleaning is available for this service.
i) The Cleaner is only liable for damage during the vehicle transfer if the damage was caused intentionally or through gross negligence by the vehicle cleaners or their employees (drivers). The vehicle is adequately insured through The Cleaner's general liability.
§ 9 Validity of the general terms and conditions
a) These general terms and conditions apply unless other agreements have been made between the business parties.
b) Agreements that deviate from the conditions listed here must be in writing to be valid. Verbal collateral agreements do not exist.
c) Other agreements that affect one or more parts of these terms and conditions do not affect the validity of the remaining conditions.
§ 10 Redeeming gift vouchers
a) Gift vouchers (vouchers that can be purchased) can be purchased online at www.thecleaner-service.net to purchase The Cleaner services. However, they cannot be used to purchase additional gift vouchers.
b) The credit of a gift voucher is neither paid out in cash nor interest. Purchased and paid vouchers cannot be returned. Remaining amounts do not expire and can be used for further orders until the entire amount has been used up.
c) Gift vouchers and credits can only be redeemed before the order process is completed. Subsequent crediting is not possible.
d) Our customer service team can only cancel the purchase of a gift voucher if the gift voucher has not yet been redeemed. A gift voucher is considered redeemed if it has been offset against an order or has been credited to a credit account.
e) If the credit of a gift voucher is not sufficient for the order, the difference can be compensated with the payment options offered.
f) We accept no liability for loss, theft or illegibility of voucher cards that is not our fault. We also accept no liability for typographical errors in the voucher recipient's email address.
g) The gift voucher is transferable. The use of the vouchers for commercial purposes is not permitted. The duplication, editing or manipulation of the vouchers is also not permitted.
h) If you used a gift voucher with your purchase, we reserve the right to credit the amount you paid with the gift voucher to your gift voucher account if you cancel the order or order.
i) If the date for an order with the redemption of vouchers (own The Cleaner vouchers or vouchers from other sales partners) is not made or missed by the customer, the redeemed amount of the voucher expires completely. Failures caused by The Cleaner are excluded.
§ 11 Severability clause
Should one or more provisions or regulations of these general terms and conditions be ineffective or incomplete, the other provisions and regulations will not be affected. The ineffective or incomplete provision or regulation should be replaced by a regulation, as intended by both parties when placing the order or how this comes closest to the legal provisions. We reserve the right to make changes.
The place of jurisdiction is Cologne, the location of The Cleaner agreed between the parties.