Article 1 – Introductory provisions

1. These terms and conditions apply to all agreements with regard to textile cleaning and services directly related thereto, in which a consumer and a member of the Dutch association of textile cleaners NETEX act as parties.
2. These terms and conditions apply to activities in the Netherlands. 3. The nullity or voidability of one or more provisions of these terms and conditions or of any provision in an agreement concluded between the parties does not affect the operation of the other provisions of these terms and conditions or of that agreement.

Article 2 – Definitions In these terms and conditions the following definitions apply:

a. Conditions: the present General Conditions;
b. Consumer: the natural person not acting in the exercise of a profession or business who offers textiles for cleaning;
c. Textile care provider: the other party of the consumer, being a member of NETEX;
d. NETEX member: the company that is affiliated with NETEX as a member at the time of concluding the agreement with the consumer;
e. NETEX: Dutch Association of Textile Cleaners NETEX, PO Box 10, 4060 GA Ophemert;
f. NETEXCARE: the NETEXCARE Dispute Settlement, PO Box 10 4060 GA Ophemert;
g. Valuables: items that are not immediately recognizable as valuable items, but whose replacement value is nevertheless considerably higher than may be expected given the replacement value of comparable items intended for the same use.

Article 3 – Conclusion of the agreement

1. The agreement is concluded because the consumer offers textiles for cleaning and the textile caretaker accepts this textile for cleaning.
2. When entering into the agreement, the textile provider will:
a. make a clear agreement with the consumer regarding the price and the collection date; b. issue a receipt to the consumer;
c. draw the consumer's attention to the applicability of these terms and conditions; the textile caretaker will hand over these conditions to the consumer at the request of the consumer or send them within three days.
3. The agreement can also be concluded electronically (remotely) via the MyOrder app, if the dry cleaner participates in this service.
4. If the agreement is concluded electronically, the dry cleaner will provide the customer with the following information: – The identity and address details of the dry cleaner; – The main features of the service; – The price of the service, including all taxes and/or surcharges; – If applicable: the costs of collection and delivery; – The method of payment, the method of collection and delivery and performance of the service; – If these are passed on to the customer: the costs for the communication technology used for the distance agreement; – The period for accepting the offer or the period of validity of the price; – The visiting address of the textile cleaner where the consumer can submit a complaint; – If applicable: information regarding the guarantee for the service in question.
5. By concluding an agreement via the MyOrder app, the consumer expressly agrees that the textile cleaner will start performing the agreement before the expiry of the statutory cooling-off period in Article 7:46d paragraph 1 of the Dutch Civil Code.
6. As a result of the permission, Article 7:46d paragraph 1 of the Dutch Civil Code does not apply and the consumer does not have the right to dissolve the agreement without giving any reason.

Article 4 – Obligations of the textile caretaker

1. The textile caretaker undertakes to: a. keep the goods offered for cleaning as a good keeper and to keep them available to the consumer from the date agreed for this purpose; b. to choose an adequate cleaning method for the items offered and to carry out the cleaning and layout of the items offered professionally. c. if the goods presented for cleaning have not yet been collected after the agreed collection date, the textile caretaker will remind the consumer of this by telephone or in writing where possible. The textile caretaker does not have to make more than two attempts to do this, the last attempt of which must take place at least one month before the expiry of the term as referred to in Article 7, paragraph 4.
2. When choosing an adequate treatment method for an item offered and in the implementation of that treatment method, the textile care provider may, in principle, rely on the correctness of labels attached to those items that provide information about the composition and/or method of treatment of the item presented.
3. The textile caretaker is not obliged to clean or otherwise treat an item offered if it is clear to the textile caretaker upon reasonable investigation that cleaning of the item in question using the methods and means available to the textile caretaker is not possible, or would involve a serious risk of damage to the item in question. In that case, the textile caretaker will return the item concerned to the consumer without the consumer being obliged to pay the stipulated price, insofar as that price related to the treatment of the untreated item.

Article 5 – Obligations of the consumer

The consumer undertakes to:
a. when entering into an agreement relating to the cleaning of one or more valuables that are not recognizable as such, to explicitly point out the valuable nature of the items offered for cleaning to the textile caretaker;
b. to collect the goods offered on the agreed date or at the latest within fourteen days after that date, unless a longer term is indicated on the receipt.

Article 6 – Liability of the textile caretaker

1. The textile caretaker guarantees careful storage, professional treatment and timely provision of the goods offered.
2. Unless, upon professional consideration, the textile caretaker should have noticed the circumstances referred to under a up to and including the circumstances mentioned below and could reasonably have avoided the resulting damage, the textile caretaker cannot be attributed:
a. damage to goods insofar as this damage is the result of: – wear and/or shrinkage that usually occurs during the handling of the goods in question; – inherent defect of the damaged item, including low strength, weaving errors, insufficient loop resistance of pile fabrics, insufficient authenticity of dyes, damage caused by chemicals used during dyeing or printing or by any weighting, finishing or impregnating agents present, faulty confection ( for example, hemming hems and seams too short), the effect of substances that got into the case during use, the presence of non-stainless metal objects on the case;
b. damage to goods insofar as this damage is the result of unfamiliarity with the composition of the goods offered, which cannot be attributed to the textile caretaker, which is the case in principle, among other things, with incorrect, incomplete or illegible labelling, as well as labeling or material designation in a non-visible place; c. damage resulting from objects in or on the goods, as well as damage caused as a result of loss or damage to buttons, buckles, zippers, rubber trims and taped belts, which are attached to the goods to be handled ;
d.incomplete cleaning and/or incomplete removal of stains, if the contamination present on the item cannot be removed without damage using the cleaning methods and agents usually available in the industry.
3. The textile care provider is obliged to compensate the consumer for any damage suffered in the event of attributable shortcomings, but not to a higher amount than the value of the item that is missing or no longer suitable for normal use due to damage. 'Value' in this context is understood to mean the purchase value of the item less as much as is reasonable by way of depreciation for the useful life of that item. In the case of valuables that were not offered as such and did not reasonably need to be recognized as such by the textile caretaker, the normal value of a comparable consumer item will be used when determining the purchase price. In the event of partial handling, i.e. if a part of a composite item has been processed, only the purchase value of the part being processed will be taken as a starting point for the calculation of the compensation.

Article 7 – Delivery and payment

1. The textile caretaker is entitled to hand over the item presented to it to the bearer of the receipt. In case of doubt about the identity of the bearer of the receipt, the textile caretaker can ask the consumer to provide (further) identification.
2. The goods will only be returned to the consumer against cash payment, unless agreed otherwise.
3. In the event of non-payment by the consumer and when the term as referred to in Article 5 sub b of these terms and conditions has expired, all costs that the textile care provider must reasonably incur for the storage of the goods and for the collection of the amounts due to her as well as the legally due interest for the account of the consumer.
4. The textile caretaker cannot be held responsible for the loss of or damage to the item offered if the item cannot be returned to the consumer within a period of one year from the collection date for the item in question agreed between the consumer and the textile provider, due to non-payment by the consumer or because the consumer has not collected the item offered.
5. The consumer is obliged to inform the textile caretaker as soon as possible of receiving goods that are not his property. The consumer shall keep these items at the disposal of the textile caretaker.

Article 8 - Complaints

1. Complaints about damage or incorrect handling of goods must be brought to the attention of the textile care provider in writing by the consumer within three weeks after the goods have been returned. The consumer must demonstrate, for example by showing a mark affixed to the treated item by the textile caretaker, that the matter in question has been treated by the NETEX textile caretaker.
2. An item is deemed to be missing if the textile caretaker has informed the consumer of acknowledging the loss, or if a period of one week has elapsed after the item has been reported as missing by the consumer, without the item being returned to the consumer.
3. In the event of claims regarding both loss and damage or incorrect handling of goods, the consumer must, at the request of the textile caretaker, provide all information about the item that can reasonably be deemed necessary to reach a satisfactory solution. If possible, the consumer will provide statements of the price for which and the date on which the item in question was purchased.
4. The textile care provider undertakes to make its point of view known in writing to the consumer with regard to complaints submitted to it regarding damage or incorrect handling of goods within three weeks of submitting the complaint.
5. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the NETEXCARE Dispute Settlement Scheme.

Article 9 - Disputes

1. Disputes between a consumer and a NETEX textile care provider about the formation or the performance of agreements with regard to services and goods to be delivered or delivered by this textile care provider can be submitted by the textile care provider to NETEXCARE: NETEXCARE Disputes Settlement, Postbus 10, 4060 GA Ophemert .
2. If the consumer wishes to submit a dispute to NETEXCARE, the textile care provider is bound by this choice.
3. A dispute will only be handled by NETEXCARE if the consumer has first submitted his complaint in writing to the NETEX textile care provider.
4. After the complaint has been submitted to the textile care provider, the dispute must be submitted to NETEXCARE no later than three weeks after it arose. If the complaint is not submitted within three weeks after collection of the item, the right to submit the complaint to NETEXCARE lapses, unless submitting the dispute to NETEXCARE within three weeks could not be accepted by the parties according to standards of reasonableness and fairness. required.
5. NETEXCARE compiles a file and makes a decision with due observance of the provisions of the regulations applicable to it. These regulations can be found on the NETEX website: http://www.netex.nl. The regulations of NETEXCARE will be sent on request.
6. In the first instance, an informative assessment is drawn up by NETEXCARE's independent technical expert to support the parties in resolving the dispute. If no solution is reached on the basis of the informative assessment, the consumer or the textile cleaner can request NETEXCARE for a formal assessment in the form of a binding advice. A lawyer will then assess the case on legal grounds. An examination by a technical lab may also form part of the procedure.
7. The NETEX textile care provider is bound by the binding advice of NETEXCARE, for which a compliance guarantee of a maximum of €1000 applies per case. 8. Only the court or the NETEXCARE referred to above is authorized to take cognizance of disputes. If the consumer or the textile cleaner requests NETEXCARE for a formal assessment, the parties can no longer submit the dispute to the court during the procedure. The consumer has the option of submitting the formal assessment to a court within two months after it has been sent by NETEXCARE, if he is of the opinion that being bound by the decision of NETEXCARE in connection with the content or method of formation thereof in the given circumstances would be unacceptable according to standards of reasonableness and fairness. The court will not reassess the full scope of the dispute, but will only test it marginally.

Article 10 – Compliance guarantee

1. NETEX guarantees compliance with binding advice by its members. If the textile cleaner does not comply with his obligations from the formal assessment, NETEX will pay the consumer up to a maximum amount of € 1.000 per case. For the excess, NETEX has a best efforts obligation to ensure that the member complies with the binding advice. The consumer is offered to transfer his claim of a maximum of € 1000 to NETEX, after which NETEX will pay this claim to the consumer and recover payment from the textile supplier in court.
2. NETEX does not provide a compliance guarantee if:
• there has been fraudulent conduct or incorrect or incomplete information provided by the consumer;
• for the purpose of handling the dispute by the consumer, the formal collection requirements specified for this purpose have not been met (payment of handling costs, return of a completed and signed questionnaire and any deposit);
• granted suspension of payment to the member;
• the member has been declared bankrupt;
• the business activities have actually ended. Decisive for this situation is the date on which the business termination is registered in the Trade Register or an earlier date, of which NETEX can make it plausible that the business activities have actually ended.

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