Article 1 General Provisions

1.1. Welcome to Clean My Couch B.V.! Clean My Couch B.V. specializes in the cleaning of upholstery, car interiors, mattresses, floor coverings, etc.

1.2. These general terms and conditions apply to everything we do at Clean My Couch B.V., including but not limited to offers and agreements between us and our clients, referred to as “Client” hereafter.

1.3. Any deviations from these general terms and conditions must be agreed upon in writing and expressly between us and the Client.

1.4. We expressly reject any purchasing or other conditions of the Client.

1.5. If one or more provisions in these general terms and conditions are declared invalid, void, or annulled, the other provisions remain in force. We will replace the invalid, void, or annulled provisions with new provisions that closely match the invalid, void, or annulled provisions as much as possible.

1.6. The fact that we do not demand compliance with one or more provisions of the agreement, including the provisions in these general terms and conditions, at any given time, does not waive our rights to demand compliance by the Client at a later time.

1.7. These general terms and conditions do not apply if we deviate from them in the agreement between us and the Client.

Article 2 Offers, Formation, and Amendment of Agreement

2.1. At Clean My Couch B.V., we strive to make the best offers to our clients, but all our offers are non-binding unless expressly stated otherwise in the offer.

2.2. An agreement is only concluded when Clean My Couch B.V. and our Client reach written agreement through a booking confirmation via WhatsApp, email, or any other means indicating the establishment of a contractual agreement.

2.3. Once we have an agreement, it can only be amended if we reach written agreement with the Client. For example, we can only agree in writing to changes in the quantity or price of the products or services we provide.

Article 3 Prices and Payment

3.1. Prices and VAT.
All prices stated by Clean My Couch B.V. include VAT and other government-imposed levies, unless expressly stated otherwise.

Payments must be made including VAT and/or other levies.

3.2. Additional Goods, Works, and Services.
The prices apply only to the goods, services, and works specifically mentioned in the agreement.

All additional goods, works, and/or services provided by Clean My Couch B.V. will be invoiced separately at prices valid on the day of delivery or service provision.

3.3. Price Changes.
Prices provided by Clean My Couch B.V. are based on the prevailing purchase prices, taxes, and other similar factors at the time of quotation.

If one or more of the mentioned factors change after the conclusion of the agreement, Clean My Couch B.V. is entitled to modify the agreed price.

3.4. Payment Terms.
All invoices/payments will be paid by the Client according to the agreed payment conditions stated on the invoice or upon settlement of the service on location.

In the absence of such conditions, the Client must pay within 14 days from the invoice date.

3.5. Default.
If the Client fails to pay the due amounts within the agreed period, the Client will be in default by operation of law.

The Client will be liable for the statutory interest on the outstanding amount, without prejudice to its other obligations.

3.6. Collection Costs.
All collection costs, both judicial and extrajudicial, are borne by the Client.

3.7. Order of Payment.
Payments made by the Client will be applied first to cover any due interest and costs, and second to the oldest outstanding invoices.

Article 4 Complaints

4.1. Objection to Invoice.
If the Client objects to an invoice from Clean My Couch B.V., the Client must notify this in writing within 5 days of the invoice date. If the Client does not make a timely complaint, its entitlement to correction of the invoice will expire.

4.2. Consequences of Complaint.
A complaint from the Client does not suspend its payment obligations. This means that despite the objection, the Client must pay the invoice within the agreed-upon period.

4.3. Client’s Obligation to Examine, Guarantees, and Complaint Procedure.
It is the responsibility of the Client to inspect the goods, services, and works upon receipt for visible defects. If visible defects are found, the Client must notify Clean My Couch B.V. in writing via email or WhatsApp within a maximum of 24 hours after receipt or completion. If a request for complaint is not filed within 24 hours, the right to do so will be forfeited.

4.5. Burden of Proof in Complaints.
In the event of a complaint from the Client, the burden of proof lies with the Client that the delivered goods do not comply with the agreement. If Clean My Couch B.V. deems the complaint valid, it will proceed with repair, rectification, or replacement of the delivered goods.

4.6. Statute of Limitations.
A complaint from the Client is valid only if made within a reasonable period. Although a specific period is not mentioned in the law, in practice, a period of 2 months after discovering the defect is considered reasonable. Complaints filed after this period will no longer be considered.

Article 5 Termination and Cancellation

5.1. Termination by Clean My Couch B.V.
Clean My Couch B.V. may, without being liable for any damages, terminate its agreement with the Client in whole or in part in writing with immediate effect and without judicial intervention if:

• The Client applies for suspension of payment or bankruptcy, or is declared bankrupt, or offers an extrajudicial settlement outside bankruptcy, or has a part of its assets seized;
• The Client is placed under guardianship or curatele;
• The legal debt restructuring scheme is applied to the Client;
• The Client ceases its activities, ceases to pursue its statutory purpose, decides to liquidate, loses its legal personality, or transfers or merges its business;
• The Client fails to perform one or more obligations arising from the agreement in a timely and proper manner.

5.2. Consequences of Termination.
Termination results in immediate maturity of all outstanding claims on both sides.

The provisions in the preceding paragraph do not affect the other rights granted to Clean My Couch B.V. in the event of a breach of obligations by the Client, such as the right to claim damages and/or performance of the agreement.

5.3. Termination by Parties.
If the nature and content of the agreement do not lead to termination by specific performance and the agreement is entered into for an indefinite period, either party may terminate it after good consultation and stating reasons in writing.

If no notice period has been agreed upon between the parties, a reasonable notice period must be observed in the termination.

In this case, Clean My Couch B.V. will not be liable for damages due to termination.

Article 6 Termination or Suspension of the Agreement

If due to force majeure, Clean My Couch B.V. is unable to fulfill the agreement without default, it has the right to terminate the agreement in whole or in part or temporarily suspend the execution of the agreement, without being liable for any damages.

6.2. Definition of Force Majeure.
Force majeure is understood to mean any circumstance that prevents the performance of the agreement and is not attributable to Clean My Couch B.V. Examples include strikes and illness of staff, business disruptions, government measures, and transportation disruptions, whether they occur at Clean My Couch B.V. or its suppliers.

6.3. Partial Performance.
If Clean My Couch B.V. has already partially fulfilled its obligations before the occurrence of force majeure, or if it can only partially fulfill its obligations due to force majeure, it is entitled to invoice the already delivered or deliverable part separately. The Client is obliged to pay this invoice as if it were a separate agreement.

6.4. Invoking Force Majeure After Expiry Date.
Clean My Couch B.V. has the right to invoke force majeure, even if the non-attributable circumstance preventing the performance of its obligation occurs after the time when it should have fulfilled its obligation.

Article 7 Liability

7.1. Limitation of Liability.
Clean My Couch B.V. is not liable for damages except in the cases described in this article.

7.2. Exclusion of Indirect Damage.
Clean My Couch B.V. is not liable for indirect damage, including consequential damage, lost profits, missed savings, and damage due to business interruption. Examples include damage to floors or other objects in the vicinity of the items to be cleaned. The Client is responsible for securing any object(s) in the vicinity of the items to be cleaned. Clean My Couch B.V. will not move any objects unless specifically requested by the Client, and this will be done at the Client’s risk.

7.3. Limitation of Direct Damage.
Clean My Couch B.V. is only liable for direct damage resulting from an attributable failure in its obligations under the agreement or due to unlawful acts, up to an amount equal to the amounts invoiced or to be invoiced to the Client pursuant to the agreement, excluding VAT and other government-imposed levies, up to a maximum of €50,000.

7.4. Conditions for Liability.
Clean My Couch’s liability only arises if the Client has informed Clean My Couch B.V. in writing of the default and has allowed a reasonable period for rectifying the default, and Clean My Couch B.V. continues to fail to fulfill its obligations after that period.

7.5. Force Majeure.
Clean My Couch B.V. is not liable if the default is a result of force majeure.

7.7. Statute of Limitations.
Any liability of Clean My Couch B.V. expires 24 hours after the occurrence of the damage, with the understanding that any liability of Clean My Couch B.V. in any case expires 24 hours after the termination of the agreement most closely related to the damage.

Article 8 Indemnification

8.1. Indemnification in case of Non-Fulfillment of Obligations.
The Client indemnifies Clean My Couch B.V. against all possible claims from third parties arising from the Client’s non-fulfillment of the obligations resting on the Client under an agreement and these general terms and conditions.

8.2. Indemnification in case of Damage.
The Client further indemnifies Clean My Couch B.V. against claims from third parties regarding damage arising in connection with the execution of an assignment. If the Client is addressed by a third party in respect of damage for which the Client and/or the third party holds Clean My Couch B.V. (jointly) liable, the Client must notify Clean My Couch B.V. in writing within 3 days of the third party’s claim.

8.3. Handling of Claims.
The Client shall handle such claims only in consultation with Clean My Couch B.V., on pain of forfeiture of the Client’s claims against Clean My Couch B.V.

Article 9 Confidentiality

9.1. Parties acknowledge the confidential nature of the information they receive from each other under the agreement. They undertake to keep all confidential information confidential and to use it only for the purpose for which it was provided.

9.2. Confidential information means all information, in any form, that has been designated by one of the parties as confidential or that can reasonably be assumed to be confidential in nature.

9.3. Parties will take all reasonable measures to protect the confidential information and will not disclose this information to third parties, except to the extent necessary for the performance of the agreement or as required by law.

9.4. The obligation of confidentiality remains in force even after termination of the agreement.

9.5. If a party must provide information to a third party, such as a government agency or a regulator, the party will inform the other party immediately, unless a legal provision prohibits the party from notifying the other party.

9.6. In case of breach of the confidentiality obligation, the breaching party is liable for the damages suffered by the other party as a result.

Article 10 Disputes and Applicable Law

10.1. Dispute Resolution.
If disputes arise between the Client and Clean My Couch B.V. that cannot be resolved amicably, they will be submitted to a competent court. Both parties will comply with the judgment of this court ruling.

10.2. Applicable Law.
All agreements between the Client and Clean My Couch B.V. are governed by Dutch law. Any disputes between the parties will be settled according to Dutch legislation and jurisprudence.