Terms and conditions

GENERAL CONDITIONS FOR THE USE OF PAY2WASH
Date: November 25, 2018

Article 1 - Definitions

In these general terms and conditions, the following terms shall have the following meanings:

Provider:
The party that has one or more Pay2Wash facilities operated and paid for by means of Pay2Wash.

Customer:
A person or entity using a Pay2Wash facility or on whose Pay2Wash Account a Pay2Wash facility is used.

Genergal terms and conditions:
The present general conditions apply to all use of Pay2Wash.

App:
An app for iOS and Android that is made available by Service Provider for the use of Pay2Wash.

Pay2Wash:
A service of Service Provider that makes it possible to enter into and pay for transactions at Pay2Wash facilities by means of the App and the Website.

Pay2Wash Account:
An account for the Pay2Wash service by registering with a Provider via the Website.

Pay2Wash facility:
A numbered washing machine, tumble dryer or other facility that is accessed and paid for through Pay2Wash.

Pay2Wash tariff:
The rate set by the Provider for the use of a Pay2Wash facility per transaction or time unit including VAT, which rate may be adjusted by the Provider from time to time (see article 4 paragraph 1 of these General Terms and Conditions).

Service provider:
The private company with limited liability Van de Weijer Laundry B.V., located in Geldrop, which has been contracted by Provider to make the Pay2Wash facilities accessible.

Location:
The location where the Pay2Wash facilities are located. Each location can be identified by a unique location code that can be found in the room where the Pay2Wash facility is located.

My environment:
A personal account page within the Website or App, which is only accessible to the Customer and on which the Customer can view, enter and change personal data.

Agreement:
The agreement for the supply or purchase of Pay2Wash, which is concluded between the Customer and the Service Provider each time the Customer uses a Pay2Wash facility.

Privacy statement:
The privacy statement of Service Provider as stated on the Website, which applies to the Agreement and any use of a Pay2Wash facility.

Transaction:
A transaction or delivery relating to a Pay2Wash facility by means of Pay2Wash.

Transaction costs:
The cost of a Transaction based on the Pay2Wash tariff.

Website:
The website pay2wash.app of Service Provider on which one can register for a Pay2Wash Account with a Provider and which provides access to My environment.

All definitions can be used in the singular or plural while retaining their validity.

Article 2 - Applicability of General Terms and Conditions

2.1

The General Terms and Conditions apply to every Agreement and every use of the Pay2Wash facility, the Website and the App. Service Provider adheres to the legal rules regarding privacy and the protection of personal data. The provisions in the Privacy Statement apply accordingly.

2.2

The Customer is always bound by the most recent version of the General Terms and Conditions. The most recent version of the General Terms and Conditions is always published on the Website and shall, upon first request, be sent to the Customer by (electronic) mail free of charge. The applicability of any general terms and conditions of the Customer is explicitly rejected.

Article 3 - Use of Pay2Wash

3.1

For the use of Pay2Wash, a potential customer must log in via the App or the Website by registering name, email address, Location (through a so-called location code) and choosing a password. The Customer is responsible for entering the aforementioned data correctly. After accepting the General Terms and Conditions, registration is completed and the Customer can log in to the Website and the App. Starting a Transaction takes place by selecting the desired Pay2Wash facility. If there is sufficient credit/balance in the customer's My environment, the Transaction can be confirmed. After confirming, it may still be necessary to start the relevant Pay2Wash facility locally, such as a washing machine or dryer. The customer is responsible for starting the right Transaction, the right Pay2Wash facility or the right duration or unit. Transactions that have been entered or started are not refundable. The Customer's login details for the Pay2Wash facility are personal and non-transferable. The Customer is responsible for the careful handling and use of the login details for My Environment and any other access or PIN codes, as well as for the loss or use of these details by third parties.

3.2

Being registered with Pay2Wash does not also imply the consent of the Provider for the use of the Pay2Wash facilities at the relevant Location. The Customer must have permission from the Provider for the use of the Pay2Wash facilities. The Provider does not guarantee the availability of the Pay2Wash facility. The Customer must comply with the Provider's (user) instructions, guidelines and conditions and all national and local laws and regulations applicable.

3.3

The termination of a Transaction takes place either automatically after the Pay2Wash facility has completed a programme, the available time has expired or by a termination by the Provider or (if possible) the Customer.

3.4

After initiating a Transaction, the Customer agrees to direct delivery of the service through the selected Pay2Wash facility. The Customer waives his right of withdrawal, if any, after the Transaction has been completed.

Article 4 - Costs

4.1

The Pay2Wash tariff can consist of a fixed tariff or a tariff per time unit. In addition, a minimum or maximum rate can apply per Transaction. The Pay2Wash tariff is indicated after selecting a Pay2Wash facility. The Provider is free to periodically change the Pay2Wash tariff for future Transactions after prior notification thereof in the App, the Website or at the Location.

4.2

After starting a Transaction, the Transaction costs are determined based on the Pay2Wash tariff as mentioned in article 4 (1). Costs for starting a Transaction by third parties who have used the Buyer's Pay2Wash Account will be borne by the Buyer.

Article 5 - Payment

5.1

The Service Provider shows all transactions and associated Transaction Costs to the Customer via My environment. The Customer must check these carefully and, if inaccuracies or complaints are found, notify the Service Provider of this immediately, but in any event within 14 days.

5.2

Before a Transaction can take place, there must be sufficient balance in My Environment. This can be added directly in My environment via iDEAL, bank transfer, credit card or PayPal, among others. Payments take place via a secure connection which is provided by the Payment Service Provider (PSP) for the relevant payment method. For transactions through PayPal, PayPal is also the PSP. The other payment methods use Mollie as PSP. Depending on the payment method chosen, the general terms and conditions of the PSP concerned apply to the transaction. For PayPal, these can be found at www.paypal.com and for Mollie they can be found at www.mollie.com.

5.3

Service Provider is authorised to suspend and/or terminate the further use of Pay2Wash by the Customer with immediate effect, without being liable for any damages or costs, in the case of:

a. failure of the Customer to fulfil his payment obligation or to do so on time;
b. the non-fulfilment of any other obligation under this Agreement by the Customer, after the Customer has been given notice of default in writing;
c. improper use or abuse by the Customer of the Pay2Wash facilities;
d. suspension of payment, declaration of bankruptcy or application of the Debt Rescheduling (Natural Persons) Act or an application to that effect in relation to the Customer;
c. attachment of a significant part of the (business) assets of the Customer;
d. the Customer being placed under guardianship or administration, or any other loss of his power of disposition or ability;
e. termination of the business of the Customer, if this concerns a business customer;
f. death of the Customer;
g. not using a Pay2Wash facility for a period of 90 consecutive days whereby there is also no balance in the Customer's My environment;
h. not using a Pay2Wash facility during a period of 365 consecutive days when there is a balance in the Customer's My environment.

Service Provider reserves at all times the right to cancel or refuse Pay2Wash or the Pay2Wash facilities it provides to the Customer with immediate effect.

Article 6 - Liability for disturbances

6.1

The Provider and the Service Provider will make reasonable efforts to achieve regular operation of the Pay2Wash facilities and to prevent malfunctions as much as possible. Neither the Service Provider nor the Provider guarantees fault-free use of the Pay2Wash facilities. A Customer is requested to report malfunctions and damage to the Pay2Wash facilities immediately to the Provider via the contact form on the Website or App. If the malfunction concerns the App or Website it should be reported to the Service Provider via .

6.2

Disruptions in the supply of electricity or water to the Pay2Wash facilities, disruptions in the Pay2Wash facilities themselves or inability to operate the Pay2Wash facilities due to communication disruptions with (mobile) telephone companies or Internet providers are not for the account and risk of Service Provider or Provider.

6.3

Service Provider is not liable for damage or costs that the Customer or third parties suffer as a result of the Transaction, the Pay2Wash facility or in the event of non-fulfilment of any obligation under the Agreement, unless otherwise stipulated in this article. Service Provider will only be liable for direct and material damage suffered by the Purchaser with a limitation of EUR 250.00 per event, if there is intent or deliberate recklessness on the part of Service Provider or third parties engaged by them. A connected series of events will be considered as one event. Liability for indirect damage, such as, but not limited to, loss of profit and loss of turnover, as well as for immaterial damage is excluded. The total liability of the Service Provider under the Agreement, the Transaction, Pay2Wash and/or the Pay2Wash facility is at all times limited to EUR 500.

Article 7 - Liability of Customer

7.1

The Purchaser is liable, subject to mandatory statutory limitations, for all direct damage (i.e. not consequential damage) caused by him to the Offeror, Service Provider and/or third parties engaged by the Offeror or Service Provider, as a result of the use by the Purchaser of the Pay2Wash facilities.

7.2

The Customer shall indemnify the Offeror and Service Provider against claims, damages and/or costs of third parties, arising from situations as referred to in paragraph 1 of this Article.

Article 8 - Invalidity of one or more provisions

8.1

The invalidity of any provision of the General Terms and Conditions shall not affect the validity of the remaining provisions.

8.2

If and to the extent that any provision of the General Terms and Conditions must, under the given circumstances, be deemed unreasonably onerous, unacceptable according to standards of reasonableness and fairness, or invalid, a provision will apply between Service Provider, Offeror and Customer which, taking all circumstances into consideration, is acceptable and most closely approximates the purport of the provision deemed inapplicable in that case.

Article 9 - Applicable law and competent court

9.1

These General Terms and Conditions are exclusively governed by Dutch law.

9.2

All disputes arising from an Agreement, the services of Pay2Wash and the General Terms and Conditions shall be exclusively settled by the competent court in Oost-Brabant in Eindhoven, or - if the Customer is a consumer residing in the Netherlands - the court where the Customer has his residential address.