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References and links
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Copyright, Clean-4estate.ch GmbH
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General Terms and Conditions of Clean-4estate.ch GmbH Version 1.1
1. Applicability These General Terms and Conditions (“GTC”) apply to the entire business of Clean-4estate.ch GmbH (hereinafter referred to as the “Company”). The Company offers cleaning services for private households. In addition, the Company sells all cleaning agents and equipment.
2. Conclusion of the contract The contract is concluded by acceptance of the Company’s offer regarding the procurement of products and/or services by the customer. The contract will become effective in any case when the customer uses the services offered by the Company and/or orders or purchases products directly via the Company’s online shop.
3. Prices Subject to other offers, all prices are understood to be in Swiss francs (CHF). All prices are understood exclusive of any applicable value added tax (VAT). Prices are understood exclusive of further applicable taxes, if any, and exclusive of packaging and shipping costs. The Company reserves the right to change the prices at any time. The prices apply, which are valid on the date of the signing of the contract, as published on the Company’s website and according to the Company’s price list.
4. Payment The Company offers the customer the following payment options: invoice, credit card, PayPal, prepayment. The customer is obligated to pay the invoiced amount within 10 (ten) days from the invoice date. If the invoice is not paid within the aforementioned payment period, the customer will be automatically in default. As of the default date, the customer shall owe default interest in the amount of 5% (five percent). Offsetting the invoiced amount against any of the customer’s receivables from the Company is not permissible. The Company has the right to refuse the delivery or service performance in the event of a delay of payment.
5. Age limit By accepting these GTC, the customer confirms that he or she meets the required age limit for the receipt of the products and services offered by the Company.
6. Company’s duties
6.1. Delivery/delivery dates The delivery shall be made within 7 (seven) working days after receipt of the order. If a timely delivery is not possible, the customer shall be informed by the Company within 5 (five) working days after receipt of the order and the new delivery date shall be communicated. Subject to agreements stating otherwise, the place of performance is the place of the Company’s registered office. The Company shall fulfil its performance obligation by handing over the ordered products to the carrier. If no carrier is agreed upon, it shall be up to the Company to choose a carrier. The agreed costs for shipment may not be increased due to the choice of carrier.
6.2. Service performance Subject to agreements stating otherwise, the Company shall fulfil its obligations by performance of the agreed services. If no further provisions are agreed, the place of fulfilment shall be the place of the Company’s registered office.
6.3. Assistants The Parties have the express right to hire assistants for the fulfilment of their contractual duties. They shall ensure that the involvement of the assistants complies with all mandatory legal regulations and collective labour agreements, if applicable. The Company confirms to have purchased all obligatory insurance covers for its employees, in particular accident insurance.
7. Customer’s duties The customer is obligated to take all measures without delay, which are required for the Company’s performance of the service. The customer shall take the measures at the agreed place, the agreed time, and to the agreed extent. Depending on the circumstances, this also includes the provision of suitable information and documents to the Company. The Company shall perform cleaning work, in particular regular maintenance cleaning, seasonal cleaning, and special cleaning. This cleaning work will be performed at the customer’s site and upon individual agreement, respectively. The Company may perform both regular as well as one-off service calls. The Company has the express right to hire assistants for the completion of this work. The Company undertakes to ensure that all assistants meet the legal requirements to the full extent and that the provisions of the collective labour agreement of the cleaning industry (GAV) are observed. The contract volume, the hourly rate and the start as well as the duration of the contract follow directly from the contract concluded between the customer and the Company. The Company has the right to change the kind, scope, price, procurement conditions and procurement channels for the services provided by it. The conditions valid at the time of the conclusion of the contract shall apply in all cases, unless the customer has agreed to differing terms in writing. The Company furthermore has the right to entirely refuse the performance of its services in the event of default of payment or other breaches of duty.
8. Non-solicitation and non-hiring clause The customer may neither solicit nor hire, whether for its own or third-party account, the employees or other assistants of the Company without the Company’s explicit written agreement. Even after termination of the contractual relationship, the customer shall be prohibited from employing employees or other assistants of the Company directly or indirectly in any way and manner. This prohibition shall apply for up to one year after the termination of the contractual relationship and be limited to the area of work of the relevant employee or assistant.
9. Acceptance If the products or services necessitate an acceptance, it shall take place in accordance with the separate acceptance document of the Company, which is attached to these GTC.
10. Withdrawal Both Parties have the right to withdraw from the contract at any time. The expenses already incurred shall be refunded in the full amount to the other Party. If a withdrawal is made at an inopportune time, any damage compensation claims shall remain reserved.
11. Cancellation of agreed dates If dates have been scheduled for the performance of the contractual service, a cancellation up to 24 (twenty-four) hours before the scheduled date shall be free of charge.
12. Replacement Replacements of products are generally not permissible.
13. Revocation The customer has the right to revoke the contract within 2 (two) days from mailing the order by giving a written notice (by letter, email, fax, etc.) or implicitly by returning the products. The timely mailing of the revocation or of the product shall be sufficient to observe the revocation period. In the case of a revocation, the customer shall bear the costs for the return shipment. In case of an effective revocation, services exchanged and received by both Parties shall be returned. The return shipment of the products shall be made in their original packaging, otherwise, the customer shall hold the Company harmless to the full extent for any damages caused by the opening of the packaging and, respectively, for any damage on the product.
14. Warranty The statutory provisions for warranty apply. The Company shall grant the aforementioned warranty for a duration of at most 24 (twentyfour) months. Any defect shall be reported immediately to the Company. It is at the Company’s discretion to decide whether the defective product shall be repaired or replaced. The customer shall only be entitled to the reduction or refund of the purchase price if a replacement or repair is impossible. A claim for a refund of the costs is excluded in the case of repairs by third parties. During the time of the repair, the customer shall not be entitled to the receipt of a replacement product. The warranty shall begin anew for the repaired element and the original warranty period shall continue for the remaining elements of the product. The Company warrants that it will perform the agreed services so that they meet the common quality standards in the industry.
15. Liability Liability for any indirect damages and all consequential damage from defects is fully excluded. Liability for direct damages is limited to CHF 1,000.00 (one thousand Swiss francs). This liability limitation shall not apply to direct damages that are caused by gross negligence or intent. The customer is obligated to immediately report any damages to the Company. Any liability of assistants is fully excluded.
16. Intellectual property rights All rights to the products, services and any brands are held by the Company or it is authorised to use them by their owners. Neither the content of these GTC nor the content of the related individual agreements shall be construed to mean any transfer of intellectual property rights, unless this is explicitly mentioned. In addition, any further use, publication, and making accessible of information, pictures, texts or other materials received by the customer in the context of these provisions is prohibited, unless expressly approved by the Company. If the customer uses contents, texts or picture materials on which third parties hold property rights, the customer shall ensure that no property rights of third parties are infringed upon in any way that relates to the Company.
17. Data privacy The Company may process and use data gathered in the course of the conclusion of the contract for the fulfilment of the duties under the contract. The Company shall take the measures that are required for the security of the data in accordance with the legal regulations. The customer declares its full consent to the storing and use of his or her data by the Company in accordance with the contract and he or she is aware that the Company is obligated and authorised on order by courts or authorities to disclose information from the customer to these institutions or to third parties. The Company may use the data for marketing purposes, unless the customer has expressly prohibited this. The data needed for the performance of the service can also be transferred to contracted service partners or other third parties. The data protection regulations apply in addition.
18. Changes These General Terms and Conditions can be changed at any time by the Company. The new version shall take force 30 (thirty) days after the Company has uploaded it to the website (https://www.clean-4estate.ch/disclaimer). Generally, the version of the GTC, which is in effect on the date of the signing of the contract, applies to the customer, unless the customer had agreed to a newer version of the GTC.
19. Priority These GTC shall take precedence over all older terms and conditions and contracts. Merely the provisions under individual agreements, which specify the provisions of these GTC even further, shall take precedence over these GTC.
20. Severability clause If individual provisions of this contract or an annex to this agreement should be or become invalid, this shall not affect the validity of this contract in the remaining part. The Parties shall replace the invalid provision with a valid provision, which comes closest to the economic purpose of the invalid provision. The same also applies to any omissions in the contract.
21. Confidentiality Both Parties as well as their vicarious agents undertake to treat all information having been provided or obtained in connection with the services as confidential. This obligation shall also continue to apply after the termination of the contract.
22. Force majeure If the timely performance by the Company, its suppliers or hired third parties is impossible due to force majeure, such as natural disasters, earthquakes, volcano eruptions, avalanches, severe weather, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damages, and pandemics, the Company shall be released from the performance of the affected duties for the duration of the force majeure and an appropriate lead time following its end. If the force majeure persists for more than 30 (thirty) days, the Company can withdraw from the contract. The Company shall refund any payment already made to the customer in the full amount. Any further claims, in particular damage compensation claims in consequence of force majeure are excluded.
23. Specific provisions Hand-off of keys: The customer shall hand off the required keys to the property to be cleaned to the Company or its assistants. The Company undertakes to retain the keys carefully after receipt. In addition, the Company warrants proper handling, as concerns access to the rooms. Without the explicit permission from the customer, access to its rooms outside of the contractually agreed times is strictly prohibited for the Company and its assistants. Whenever keys are handed off, the customer shall receive a corresponding receipt for the keys.
24. Applicable law/place of jurisdiction These GTC are governed by Swiss law. Unless compulsory legal regulations provide otherwise, the court at the place of the Company’s registered office shall have jurisdiction. It is at the Company’s discretion to file lawsuit in the court at the place of the defendant’s registered office. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (SR [Swiss Law] 0.221.211.1) is excluded