Terms of Service
The following general terms and conditions apply to the use of the domain waescheservice-frankfurt.de and corresponding applications for mobile devices.
§ 1 General contract information, subject matter of the contract
1.1. The Frankfurt Laundry Service, owner Rainer Thorman, Allerheiligen Str. 7 60313 Frankfurt am Main, represented by the owner Rainer Thormann (hereinafter referred to as “operator”) acts as the technical operator and operates the domain waescheservice-frankfurt.de and corresponding applications for mobile devices a service in the field of dry cleaning and laundry.
1.2. The operator enables the registered commercial dealers and service providers (hereinafter collectively referred to as service providers) to offer their services online and takes over the mediation of the contracts concluded between the service providers and end customers.
1.3. The operator is responsible for providing the online service as well as receiving and transmitting the declarations of the contracting parties that are relevant for the conclusion of the contract. The operator does not make any statements of its own.
1.4. The waescheservice-frankfurt.de online service can be used by registering once and free of charge. Companies or natural persons (hereinafter jointly referred to as “user” and/or “end customer”) who have reached the age of 18 can register.
1.5. There is no entitlement to registration and use of the Frankfurt Laundry Service. In particular, the operator reserves the right to refuse the registration of a user.
1.6. The users are obliged to provide the information required for the proper processing of the order truthfully, conscientiously and completely, in particular with regard to payment data, address and e-mail address. Users are liable for all orders, including abusive ones, that are made using the registration.
§ 2 Conclusion of contract, contracting parties
2.1. The cleaning contract relating to the main service is concluded exclusively between the service providers and the end customer.
The main obligation to perform consists of the collection, cleaning and delivery of the items to be cleaned. The items to be cleaned are personally accepted by the service providers or delivered to the end customer. The end customer also has the option of making use of a so-called “cabinet service”, insofar as such is offered by the respective service provider during the ordering process. There is no entitlement to use the locker service. Here, the items to be cleaned are deposited in a “cabinet device” provided for this purpose, both for collection and for delivery; for the associated, separate risk assumption regulations, see Section 6.4 (at the end). The operator determines the planned collection and delivery times in consultation with the service providers and the end customer. The operator reserves the right to change or discontinue the locker service option at any time. The fulfillment of the contractual obligations from the order is the sole responsibility of the service providers.
2.2. The end customer's order via the operator's laundry service Frankfurt represents a binding offer to conclude a contract. The operator accepts this offer on behalf of the service provider. The contract is concluded when the operator sends the end customer an order confirmation and declares acceptance of the contract offer on behalf of the service provider.
2.3. The end customer is responsible for ensuring that the service can be received within the agreed period and at the agreed place in circumstances acceptable to the service provider.
2.4. The end customer must bear the additional costs incurred as a result of delayed acceptance. In this case, the operator reserves the right to charge flat-rate default costs of €5.00 per delivery attempt. The end customer is permitted to prove that, in individual cases, significantly less damage than the lump sum or no damage at all has occurred.
2.5. The service provider reserves the right not to accept individual items due to their condition, size or weight or to charge additional cleaning fees. Upon receipt of the goods, the service provider may adjust the number of items to be cleaned and washed if there is a discrepancy between the items specified online and the items actually delivered. Before determining a delivery date, the end customer must first settle the difference.
§ 3 Terms of Payment
3.1. All prices include VAT at the statutory rate.
3.2. Payment and payment processing takes place via external licensed payment service providers. The payment method via the payment service provider is bindingly selected by the end customer during the ordering process. The end customer is forwarded to the respective online portal of the external payment service provider, where he makes the payment himself.
3.3. Payment is made in advance. The end customer can pay using various payment services, such as Paypal or in cash when picking up the laundry.
3.4. The licensed payment service provider may automatically save individual customer data, which can make it easier to enter future orders if the end customer agrees to this. The operator reserves the right to offer further payment services or to no longer make payment methods available.
3.5. The end customer is obliged to ensure sufficient funds on the relevant account for online payments. The end customer bears the additional costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrectly transmitted payment data.
§ 4 Right of withdrawal and instruction
4.1. The end customer, who is a consumer within the meaning of § 13 BGB, has a right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
The right of withdrawal does not exist if one of the exclusions of § 312g Para. 2 BGB applies, especially if the goods are not prefabricated and the production of which is an individual selection or determination by the consumer or which is clearly tailored to personal needs are tailored to the consumer (§ 312g Para. 2 No. 1 BGB) or sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery (§ 312g Para. 2 No. 3 BGB) or goods that were inseparably mixed with other goods after delivery due to their nature (§ 312g Para. 2 No. 4 BGB). The operator receives the end customer's declaration of revocation for the service provider as a representative.
4.2. Cancellation policy You have the right to cancel this contract within 14 days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of withdrawal, you must send us (Rainer Thormann, Allerheiligen Str. 7, D-60313 Frankfurt am Main, Tel.: 0160 7969990, email: email@example.com) a clear statement (e.g . a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this, but it is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
4.3. Consequences of the revocation If you revoke this contract, we have all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you use a different type of delivery than the one offered by us, have chosen the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
4.4. Sample withdrawal form
If you want to revoke the contract, please fill out this form and send it back to us.
– To the Frankfurt Laundry Service, Rainer Thormann, Allerheiligen Str. 7, D-60313 Frankfurt am Main,
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)____________/ the provision of the following service _____________(*)
− Ordered on _______________(*)/received on _________________(*)
- Order number ______________(*)
− Name of consumer(s)____________________
− Address of the consumer(s)__________________
− Signature of the consumer(s) (only if notification is made on paper)
(*) Delete where inapplicable.
§ 5 Liability of the operator
5.1. The operator is not liable to the service providers vs. the end customer with regard to the implementation of the mediated contract regarding the main obligation to perform. The operator assumes no liability for the quantity, quality or other services of the service providers registered on the service.
5.2. The operator is liable for damages - for whatever legal reason - in the event of intent and gross negligence. In the event of lesser and gross negligence, the operator is only liable for damage resulting from injury to life, limb or health and for damage resulting from the breach of an essential contractual obligation. An essential contractual obligation is an obligation the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the end customer regularly relies and may rely.
5.3. In the event of a breach of an essential contractual obligation, however, the liability of the operator is limited to compensation for the foreseeable, typically occurring damage.
5.4 The operator is not liable for damage caused by third-party faults or interruptions in the availability of the service for which the operator is not responsible (e.g. technical problems on the Internet that the operator cannot influence, UMTS transmission).
5.5. The operator's service also contains links to other websites. The operator is not responsible for the content of the linked content and assumes no liability or guarantee for the correctness of the linked pages. Data protection on the linked pages is also not part of these terms and conditions.
5.6 Insofar as the liability of the operator is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
§ 6 Liability of the service provider
6.1. However, the contractual relationship between the end customer and the service provider is exclusively governed by the general terms and conditions specified by the service provider.
6.2. When ordering, the end customer must point out all circumstances and special features that are worth noting when cleaning. This includes, above all, those circumstances and special features that impair the cleaning success or make it possible that the items to be cleaned, other items to be cleaned or the equipment used during cleaning may be damaged. In particular, the end customer should draw attention to damage, dirt, stains and special material properties. In the case of high-priced items to be cleaned, the end customer must also provide information about the value of the item of clothing.
6.3 In the event of damage, the current value of a textile applies according to the specifications of the German Textile Cleaning Association. The following items and services are excluded from liability:
- Any item for which liability has been excluded in advance
- Buttons, cuffs, beads and buckles receive a special coating before the washing and cleaning process to minimize the risk of damage. Unfortunately, liability for damage and loss cannot be accepted.
- Material defects caused by the manufacturer and revealed by the treatment. This also applies to all items of inferior quality.
- Age-related damage to items that exceed the average life expectancy according to the German Textile Cleaning Association.
- Articles that have been manufactured privately or custom-made, have been modified privately or commercially, have been processed with glue of any kind, with embroidery, fashionable discoloration and fashionable added holes are excluded from the complaint.
- Any item without enclosed manufacturer's care instructions or by removal by the customer, for example by cutting out the tag. Additional insurance cannot be taken out for an unmarked item.
6.4. Before handing over the items to be cleaned, the end customer must remove all objects from the items to be cleaned. The end customer must also check all openings, especially bags, especially for any valuables, metal and plastic objects, ballpoint pens and/or other pens, cosmetics such as lipstick, and paper. The end customer in whose clothing the causal items were is liable for damage to third parties caused by the whereabouts of the items described above. 6.5. The end customer must receive the items to be cleaned at the agreed delivery time. The end customer bears the risk of accidental loss from the time of acceptance or, if the cupboard service is used, from the time at which the items to be cleaned are verifiably deposited in the cupboard for collection or delivery.
6.6. When returning the items to be cleaned, the end customer must examine them for completeness, damage and other defects, such as improper cleaning. Damage and other cleaning defects must be reported within a reasonable period of time. If damage and defects are obvious, the period is two weeks. If damage and defects are not obvious, the end customer must report them immediately after discovery. The display takes place against the operator. This forwards notifications of defects and complaints and processes them on behalf of the service providers. However, the operator is not obliged to do this.
6.7. In the case of reverse processing, the operator carries out both the order and the payment reverse processing.
6.8. The operator assumes no responsibility for the content posted by users. This content does not reflect the opinion of the operator. By publishing the content, the operator does not adopt it as his own.
§ 7 Set-off / right of retention
7.1. The end customer is only entitled to set-off if his counterclaim has been legally established, is not disputed by us or is disputed but ready for a decision or is recognized or has a close synallagmatic relationship to the claim.
7.2. The end customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 8 Rating Portal
8.1. On the online service, the operator offers end customers the opportunity to rate the services of the service providers and the processing of orders by means of comments or the awarding of stars.
8.2. By posting texts and other content, end customers agree to their content being saved, published or made publicly accessible on the online service. The end customers are solely responsible for the content; the operator only provides storage space in this respect.
8.3. The responsibility for the ratings lies exclusively with the end customer. The end customer undertakes not to violate applicable legal regulations when submitting ratings and ensures in particular that the ratings do not infringe the rights of third parties (especially personal rights).
8.4. In the event of violations of the obligations arising from these GTC by the registered user, the operator is entitled to block the user's access to the online service, to block or delete content on the online service, to deactivate accounts or in the event of obviously improper registration or use delete it immediately, as well as take other appropriate measures to protect against such violations. The same applies in the event that there is sufficient suspicion of such violations.
8.5. In the event of a culpable violation, users are liable to the operator for compensation for all direct and indirect damage arising from this, including financial damage. In the event of non-compliance with the obligations arising from these General Terms and Conditions, the violation of third-party rights or a violation of statutory provisions, the user shall indemnify the operator against any third-party claims and any resulting costs that may be incurred against the operator, his legal representatives and /or vicarious agents are asserted due to this violation. All other claims remain reserved.
§ 9 Termination / Cancellation
9.1. The contractual relationship between the operator and the user regarding the use of the online service can be terminated by the user at any time without giving reasons. The mutual contractual obligations from the main service contract are not affected by this. The operator can terminate the contract with a notice period of two weeks to the end of each calendar month. The right to termination without notice for important reasons remains unaffected. The cancellation can be made in text form (e.g. by e-mail or contact form).
9.2. The operator reserves the right to cancel the order at any time if there are indications of an improper order (e.g. a joke order / misuse of vouchers / fraud with payment).
9.3. The operator reserves the right to offset invoices that have already been paid as a voucher or to top up the personal prepaid card. A payout of the personal prepaid card or a voucher is excluded.
§ 10 Dispute Resolution Procedure
10.1 The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
§ 11 Final Provisions
11.2. Verbal ancillary agreements and supplements at the time the contract is concluded do not exist. Subsidiary agreements, changes or additions must be in text form to be effective. The cancellation of the text form requirement also requires the text form.
11.3. Should individual provisions of these general terms and conditions be wholly or partially invalid, have an unforeseen gap or later lose their legal validity, the validity of the remaining terms and conditions will not be affected. The respective statutory regulations shall take the place of invalid or missing provisions.
11.4 If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and the operator is Frankfurt am Main.
As of 06/14/2022