These terms apply to all agreements with Wastas.nl, part of Strijkservice Haaglanden B.V. (hereinafter also: Wastas).
Article 1 – Applicability
These terms form part of all agreements with Wastas and apply to all its (other) actions and legal acts, unless expressly agreed otherwise in writing. Deviations from these terms apply only insofar as expressly agreed in writing. General terms supplied by the customer that deviate from these terms apply only insofar as Wastas has accepted them in writing.
Article 2 – Definitions
In these terms the following words have the meanings set out after them:
- a. Material: all fabrics from which the textiles are composed.
- b. Equipment: all machines and installations, including peripherals, with which the textiles are processed, as well as their components.
Article 3 – Offers
Offers, quotations, prices and price lists, whether or not appearing in price lists, advertisements and the like, are wholly without obligation, unless expressly stated otherwise.
Article 4 – Performance of work / delivery times
The period within which, or the moment at which, Wastas is required to have performed the agreed work or delivery is set in the expectation that the circumstances under which (de)livery will take place will not change after acceptance of the order.
If such a change in circumstances occurs, regardless of foreseeability, causing delay, the agreed time of (de)livery shall be postponed accordingly, without prejudice to article 12 below in the event Wastas is unable to perform a contract concluded between the parties, temporarily or permanently, due to force majeure.
Shipping, transport and/or transfer of goods, including materials, is always at the customer's expense and risk.
Article 5 – Customer cooperation
The customer shall always provide Wastas in good time with all cooperation, data and information that Wastas considers necessary and useful in order to perform the assigned work or deliveries properly. If textiles are submitted that are known to have defects, the customer must inform Wastas in advance. Laundry intended for the ironing-only service must be supplied clean and intact. You are requested to check your clothes for personal items. Please supply hangers for blouses and/or shirts. If no hangers are supplied, Wastas may provide them at a charge. Should you not be present at the agreed time of pickup or delivery, we are obliged to charge additional delivery costs.
Article 6a – Warranty
The Wastas warranty means that Wastas will remedy defects in the services it has delivered free of charge. When Wastas grants warranty, the customer is obliged to provide all cooperation. Cooperation includes, among other things: making the submitted textile available again so that it can be treated once more. Items are washed according to the care labels; should an unexpected deviation nevertheless occur, Wastas is not liable.
Article 6b – No warranty
The warranty lapses at the moment that the customer makes changes to the services delivered by Wastas without permission from Wastas. Wastas has the right to suspend the warranty if invoices are not paid within the set term.
Article 7 – Prices
The prices stated by Wastas are inclusive of VAT, but exclude any other charges imposed by the government, unless expressly agreed otherwise. Prices in the Netherlands rise annually due to inflation. This also affects our costs. Any price changes may be implemented at any time. Current prices are published on the website.
Article 8 – Payment
Payments shall be made strictly at the agreed times in the manner notified by Wastas to the customer. If the customer fails to pay on time, Wastas is entitled to charge interest of 1% of the invoice amount for every month or part thereof by which the payment term is exceeded. All amounts charged to the customer must be paid without discount, deduction or set-off, in any Dutch legal tender; the customer never has the right to suspend the payment obligation. Wastas is entitled, before performing (further), to require the customer to make advance payment up to the amount Wastas has or will have to claim from the customer.
In addition to invoice amounts and interest, Wastas is entitled to claim from the customer all extrajudicial costs caused by late payment. Extrajudicial costs are due in any case when Wastas has secured the assistance of a third party for collection. They will be calculated in accordance with the collection rate recommended by the Dutch Association for the Judiciary's working group on extrajudicial costs, with a minimum of € 100. The mere fact that Wastas has secured third-party assistance demonstrates the magnitude of, and the obligation to pay, the extrajudicial costs. Any amount Wastas receives from the customer shall first be applied to any interest and costs due, and then always to the longest outstanding invoice.
Article 9 – Interim termination and dissolution
If the customer fails to fulfil any obligation arising from an agreement properly or within a set term, the customer is in default and Wastas is entitled, without notice of default or judicial intervention:
- to suspend performance of the agreement and any directly related agreements until payment is sufficiently secured; and/or
- to dissolve that agreement and all directly related agreements in whole or in part, after the suspension has lasted fourteen days, without prejudice to other rights of Wastas under any agreement with the customer, and without Wastas being liable for any compensation.
In the event of (provisional) suspension of payment, bankruptcy, closure or liquidation of the customer, all agreements with the customer shall be dissolved by operation of law, unless within a reasonable period Wastas notifies the customer that it requires performance of (part of) the agreement(s). In that case Wastas is entitled, without notice of default:
- to suspend performance of the relevant agreement(s) until payment is sufficiently secured; and/or
- to suspend any obligations toward the customer, all without prejudice to all other rights under any agreement with the customer and without Wastas being liable for any compensation.
The customer may terminate an open-ended agreement at any time, observing a notice period of two months. Subscriptions are invoiced in advance per period at the start of each period. A termination may be effected for a subsequent period observing a two-month notice period. After one year the notice period is one month.
Article 10 – Subscriptions
Subscriptions are invoiced per period and the invoiced amount is collected from your account. All subscriptions have a two-month notice period. After one year the notice period is one month. Suspension of a subscription can never be retroactive.
Article 11 – Liability
Wastas is not liable for damaged or lost laundry and/or ironing items, unless this is due to intent or negligence on the part of Wastas. If Wastas can be held liable for damage to the items, it shall be determined on the basis of the use value of the items, and compensation can never exceed € 50 per order, per customer.
Use value here means the original purchase value of the item, less depreciation for the period of use. For valuable items not declared as such and not reasonably required to be treated as such by Wastas, the purchase value will be set at the normal value of a comparable item. Wastas is also not liable for the loss of objects or money left in the laundry. Wastas is never liable for any indirect damage to the customer or third parties, including consequential damage, immaterial damage, business or environmental damage.
The customer indemnifies Wastas against third-party claims relating to damage caused by use made of what Wastas has delivered.
Article 12 – Force majeure
Wastas is not liable insofar as it cannot meet its obligations due to force majeure. Force majeure means any external event, as well as any circumstance that should reasonably not be at Wastas's risk. Delay or non-performance by suppliers, transport options and strikes expressly count as force majeure. To the extent Wastas cannot temporarily meet its obligation due to force majeure, any missed rounds will be made up at a later time.
Article 13 – Disputes
Dutch law applies exclusively to all agreements. All disputes arising from offers and agreements, by whatever name, shall be submitted to the civil court competent in Wastas's place of business, unless statutory provisions prevent this.