General conditions

Article 1 – Applicability.

1. These general conditions apply to all services and products as offered by the limited liability company kledinginvriezen.nl, registered in the Commercial Register of the Chamber of Commerce under file number 88258599, having its registered office in Leiden. On the understanding that these general conditions also apply to all services and products as offered by its affiliated franchisees, whose establishments are visible on www.kledinginvriezen.nl.
2. All offers, quotations, order confirmations and agreements as well as the execution of work shall take place exclusively under these general terms and conditions. These general terms and conditions shall prevail over any terms and conditions used by the client, unless expressly agreed otherwise in writing. By issuing an order to perform work, the client agrees to the applicability of these terms and conditions.

Article 2 – Offers, quotations, agreements

1. All quotations are without obligation unless the contrary is expressly stated.
2. An agreement shall be deemed to have been concluded only after the order has been confirmed in writing or, in the absence thereof, as soon as the execution of the order has commenced.

Article 3 – Prices

1. Due to the performance of work, the price agreed upon for that purpose will be charged.
2. In case of change of price determining factors after the offer or after the conclusion of the agreement kledinginvriezen.nl reserves the right to pass on these changes to the client.
3. Prices fixed in the quotation are valid for 3 months.
4. The prices agreed upon when entering into the agreement are based on the price level used at that time. Kledinginvriezen.nl has the right to adjust prices each year according to indexation.

Article 4 – Execution of work

1. The work will be performed in the manner and at the time(s) as agreed, assuming normal working hours and working days. Possibly evening, weekend, and night work at additional cost.
2. Unless expressly indicated otherwise, the indicated time of performance shall be considered to be agreed upon approximately.
3. Kledinginvriezen.nl will have the execution of the agreement carried out under the supervision of a person competent to do so.
4. The client will ensure that all instructions from or on behalf of kledinginvriezen.nl, which relate to these activities and the execution thereof in the most responsible manner possible, will be followed.
5. The client must ensure, that kledinginvriezen.nl can start work immediately after arrival.
6. To this end, among other things, free access must be granted to areas, premises, grounds, etc. where work is to be done.
7. Any refusal to grant access shall not relieve the client of his obligation to pay the agreed price.
8. If execution cannot take place or cannot take place in time due to a cause which lies within the sphere of risk of the client, the client will compensate Kledinginvriezen.nl for the damage caused by this and if possible enable Kledinginvriezen.nl to carry out the work in question at times to be agreed.
9. If necessary, the client is obliged to provide all necessary and usual auxiliary tools and auxiliary materials, free of charge, during the performance of the work.
10. If the cause of not or not timely implementation lies within the sphere of risk of Kledinginvriezen.nl, it will as soon as possible still proceed to implementation and, in so far as there is a question of fault on the part of Kledinginvriezen.nl, will also be liable for any damage directly caused by the delay in the implementation of the agreed work.
11. However, the latter liability shall never exceed the amount at which the work in question was or would have been performed.
12. If as a result of one or more causes, not within the sphere of risk of either party, the execution does not take place or does not take place on time, in consultation with the client, the execution will take place as soon as possible without any compensation for damages on both sides.
13. Causes not within the sphere of risk of either party shall include: war, revolution, disruptions in the regular supply of raw and auxiliary materials, water and electricity, strike, occupation, fire, transport difficulties and weather conditions that prevent the responsible performance of the agreed work.

Article 5 – Additional costs, more and less work

1. Costs incurred as a result of the client’s failure to enable the execution or progress of the work shall be charged extra, without prejudice to the provisions of Article 4. This includes additional travel/advance costs.
2. For contract work, if a problem or concern is reported in the online system, the action items should be implemented by the client. If causes are not remedied by the client (construction/ hygiene), follow-up visits may be charged.
3. Additional and/or less work will be settled in fairness at the time of assignment or at the end of the work.
4. In general, additional work includes: all work and deliveries not included in the contract and required by the client.
5. If after the conclusion of the agreement appears, that the implementation of the work has become extremely difficult or impossible due to force majeure, kledinginvriezen.nl has the right to claim that the implementation of the work is changed in such a way, that the objections to the implementation wholly or largely lapse or the impossibility of implementation is removed if this is possible. The greater or lesser costs arising from this change, will be settled, while kledinginvriezen.nl will also have the right to compensation of already incurred but unused costs.
6. The aforementioned arrangement does not affect our authority to demand dissolution of the contract.

Article 6 – Payment

1. Wherever possible, invoices will be sent by email to the email address known to kledinginvriezen.nl. If invoices need to be sent to a different email address or by mail, this can be communicated to the administration department.
2. Unless otherwise agreed, payment shall be made net, without discount or deduction within 10 days of the invoice date.
3. Without prejudice, if this term of payment is exceeded, interest equal to the Dutch Bank’s promissory note discount rate plus 2% shall be payable from the invoice date.
4. Kledinginvriezen.nl has at all times the right before the execution of the agreement or a part thereof, to require cash payment.
5. When selling, kledinginvriezen.nl has at all times the right to require full payment before the time of delivery.
6. Any costs of collection will be borne entirely by the client, as well as other ancillary costs.

Article 7 – Complaints

1. Complaints regarding the performance or quality of the agreed work must be made in writing within 8 days of such performance, failing which any right of the client in this regard shall lapse, unless otherwise agreed in writing.
2. As long as a claim by kledinginvriezen.nl has not yet been decided, the client is normally obliged to fulfill his obligations, and thus payment.

Article 8 – Non-performance and termination.

1. If non-performance of the contract is due to one or more of the following causes: war, revolution, disruptions in the regular supply of raw and auxiliary materials, water and electricity, strike, occupation, fire or transport difficulties, the non-performance shall be deemed to be the result of force majeure.
2. In other cases where one of the parties fails to fulfill its obligations, as well as in the event that one of the parties applies for a moratorium, is declared bankrupt or is liquidated, the other party shall have the right to suspend or dissolve the agreement without judicial intervention, without being liable for compensation and without prejudice to all further rights accruing to it.

Article 9 – Warranties and liability

1. Announcements by or on behalf of kledinginvriezen.nl concerning the quality of the work(s) performed, the treatment in the broadest sense, the properties of the resources used, etc., will only apply as a guarantee if they are made in writing and explicitly in the form of a guarantee.
2. Kledinginvriezen.nl undertakes to make every effort to perform the agreed work to the best of its ability in light of the intended result.
3. In general, the nature of these services does not allow kledinginvriezen.nl to commit to achieving the intended result.
4. Kledinginvriezen.nl is not liable for damage which may arise during or in connection with the execution of the work to goods of the client or third parties or to persons, unless this damage is a result of intent or gross negligence on the part of Kledinginvriezen.nl. In the latter case, liability will not exceed the amount at which the work was performed.
5. When selling products, kledinginvriezen.nl guarantees that they are authorized.
6. Any liability of Kledinginvriezen.nl for damage caused as a result of the products in question is excluded, unless it is caused by a gross error or negligence of Kledinginvriezen.nl. In that case, liability will in any case be limited to the amount at which the product in question was sold.
7. Kledinginvriezen.nl is not liable for any damage to goods as a result of their handling.

Article 10 – Protection of personal data

1. Client may, in the context of the execution of an order or in the context of complying with legal obligations, personal data about Client and/or persons related to and/or working at or for Client (or have such data processed) by Kledinginvriezen.nl. kledinginvriezen.nl will ensure an appropriate level of security in view of the risks involved in the processing and the nature of the personal data to be protected. However, this only if and insofar as they are in the (computer) systems or infrastructure of Kledinginvriezen.nl. Processing of personal data takes place in accordance with the General Data Protection Regulation (AVG).
2. Kledinginvriezen.nl will handle the personal data provided by the client with care. Personal information is only accessible to Kledinginvriezen.nl and will not be provided to third parties, except in connection with the implementation of an agreement and / or cases where Kledinginvriezen.nl is obliged to do so under the then applicable laws and regulations and / or a court ruling.
3. In case of a data breach client will, if necessary and reasonably possible, cooperate with kledinginvriezen.nl so that it can comply with its obligation to report in accordance with what is stipulated in the AVG.
4. The Client is solely responsible for complying with the applicable laws and regulations regarding the protection of personal data and indemnifies kledinginvriezen.nl for costs and damages resulting from third party claims in connection with the Client’s non-compliance with the AVG.

Article 11 – Notice and termination

1. Continuing agreements shall only be terminable subject to three months’ notice, but only by the end of the agreed term, unless otherwise agreed in writing. The agreement is always tacitly renewed for the same period for which it was initially entered into. Until valid notice of termination has been given, the client shall at all times remain liable for all obligations and payment(s) arising from the agreement.
2. Upon cancellation of an agreement as a result of any cause whatsoever, kledinginvriezen.nl is entitled to charge the client all costs incurred up to that time, as well as a percentage of 30% of the amount, which is involved in the agreement in connection with loss of profit. If specific products and/or products with expiration dates are used on a rental basis, other arrangements will be made.
3. In the event of non-performance of the agreement by either party, the agreement may be immediately suspended or dissolved by the other party without judicial intervention, unless the first party, after having been given the opportunity to do so, still fulfills its obligations within a reasonable period of time; without judicial intervention, one of the parties may also dissolve the agreement immediately in the event that the other party applies for a suspension of payment, is declared bankrupt or is liquidated, all this without being liable for compensation and without prejudice to all further rights to which he is entitled.
4. Only with the express permission of kledinginvriezen.nl can the client transfer its obligations towards kledinginvriezen.nl to a third party.

Article 12 – Delivery and transfer of ownership

1. The products will be handled at the kledinginvriezen.nl location. unless otherwise agreed upon.
2. The indicated delivery date will be considered a target date unless otherwise agreed upon.
3. As soon as the Buyer receives notice that the products are ready for delivery, or, in the absence thereof, from the time of delivery, the products will be at the Buyer’s expense and risk.
4. Ownership of the products concerned will pass to the buyer at the time when kledinginvriezen.nl has received full payment of the amount invoiced in respect of those products.
5. In case of rental of materials, kledinginvriezen.nl remains the owner of these. During the term of contracts Kledinginvriezen.nl will check the numbers thereof each time and if necessary supplement them to the agreements made in offers and/or agreements. Costs for replenishment incurred due to demonstrable fault of or improper handling by client will be charged.