klin (the “Company”), is a Luxembourg law governed limited liability company, having its registered office at L-3895 Mondercange-Foetz, 3A , rue du Commerce, registered with the Luxembourg Trade and Companies’ Register under number B214530.
The Company’s cleaning facilities are located at its registered office and open to the public on weekdays during normal business hours (i.e 8 am to 6 pm).
The Company provides its services to the customer (the “Customer“) subject to the present terms and conditions (the “T&C“). By registering with the Company (i.e. article 3 below), you agree to be bound by these T&C. All services provided by the Company are subject to the present T&C and the Customer is deemed to have fully read and accepted the T&C when calling upon the Company’s services.
a) Basic service
The Company is a business specialized in dry-cleaning and laundry services, including traditional cleaning of garments.
The Company’s basic services encompass more specifically all of the services specified on the Company’s website (www.klin.lu) (the “Website“) under the tab “Services” (the “Basic Services”).
b) The Pick-Up and Delivery Service
Upon request, the Company further offers the possibility for its Customers to have their laundry/dry-cleaning items (the “Items“) picked-up and delivered back to them when cleaned (the “Pick-Up & Delivery Service” and together with the Basic Services, the “Services”).
The Pick-Up & Delivery Service is only available in Luxembourg, in the villages/communes listed on the Website under the tab “Coverage map“.
The Company undertakes to provide its Services in compliance with professional standards. All of the Company’s obligations are to be treated as obligations of means (obligations de moyens). In line with the foregoing, the Company endeavors to return all Items cleaned to the Customer. Considering that certain stains/marks may however not be removed or that removing such stains/marks would impair the Item, the Company does not guarantee to be able to successfully clean all of the Items submitted to its care.
With respect to its Pick-Up & Delivery Service, the Company will deploy its best efforts to arrive at the date and time scheduled for pick-up and delivery. Considering however that traffic is only predictable to a certain extent, the Company does not guarantee to be always able to pick-up or deliver the Items on time. The Company may in no case be held liable for any delay in that respect.
In order to benefit from the Company’s Services, the Customer must register for and maintain an active personal account (the “Account”) with the Company. To that end, the Customer may either complete the online application form accessible on the Website, register through the Company’s hotline mentioned for such purposes on the Website or register in store in the Company’s premises.
When registering with the Company, the Customer is required to provide a certain number of personal and billing information to the Company such as his/her name, address, mobile phone number, age, as well as at least one valid payment method (either a credit card or other accepted payment partner). The Customer agrees and undertakes to maintain accurate, complete, and up-to-date all information in his/her Account. The failure to maintain accurate, complete, and up-to-date the Account information, including having an invalid or expired payment method on file, may result in the Customer’s inability to access and use the Services of the Company and the immediate termination of the agreement entered into with the Customer by the Company. The Customer is responsible for all activity that occurs under his/her Account, and agrees to maintain the security and secrecy of his/her Account username and password at all times. Unless otherwise permitted by the Company in writing, a Customer may only possess one Account.
Once the registration is complete, the Customer gets a confirmation of his/her registration (the “Registration Confirmation“). The Customer undertakes to notify the Company if any of the information summarized in the Registration Confirmation is inaccurate or become inaccurate from time to time.
By creating an Account, the Customer agrees that the Company may send him/her text (SMS) messages as part of the normal business operation of his/her use of the Services.
In consideration for the Services requested from the Company, the Customer undertakes to pay the price determined pursuant to the chart published on the Company’s website under the tab “Pricing“. All rates indicated include applicable Luxembourg VAT. The rates for the Company’s Services may be modified or updated from time to time. It is the Customer’s responsibility to remain informed about the current applicable rates for the Services.
The Pick-Up & Delivery Service is free of charge as of an order of twenty-five euro (EUR 25.-). Below such amount, the Company charges five euro (EUR 5.-) for the Pick-Up & Delivery Service.
When registering online via the Website, the Customer will have to indicate the payment method of his choice. To that effect, the Customer is requested to provide the details of a valid payment method (either a credit card or other accepted payment partner).
When completing the online order, and in particular by pushing the button “submit order”, the Customer is submitting a paying order. Within 48 hours, as of pick-up of the Items, the Company will send the Customer an order confirmation (the “Order Confirmation“), specifying the details of the order as well as the consideration price to be paid by the Customer (the “Price”).
The Price will be automatically debited from the Customer’s credit card or accepted payment partner, which the Customer explicitly agrees herewith. No reimbursement is admitted. Once payment is successfully processed, the Company will send you an email receipt of your order (the “Receipt”).
When registering through telephone, or in store, the Customer has the option to provide a virtual paying method. Payment will then be processed as stated here above. Alternatively, the Customer may choose to pay upon delivery in cash or by credit card or other accepted payment partner through a payment terminal.
The Company may from time to time provide certain selected Customers with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained, and the Customer hereby agrees that such promotional offers and discounts, unless also made available to him/her, shall have no bearing on his/her use of the Services or the Price applied for requesting Services. The Customer may elect to cancel his/her request for Pick-Up & Delivery Service at any time prior to the arrival of the Company’s driver at the agreed pick-up location on the agreed time and date, in which case the Customer may be charged a cancellation fee of five euro (EUR 5.-).
The Customer may choose to pick-up his/her Items in the premises of the Company on weekdays during regular business hours (i.e 8 am to 6 pm). Items are returned to the Customer only upon presentation of the Receipt or any other form of receipt validly issued by the Company.
When Items are either not picked-up by the Customer or could not be delivered by the Company due to the absence of the Customer on the date and time scheduled for delivery, the Company is free to dispose of the Items and has no obligation to keep the Items in its care after a period of three (3) months as of issuance of the Order Confirmation by the Company.
With regard to Clients that have requested the Pick-Up & Delivery Service, the Customer is required to be available and present on the agreed point of contact for delivery during the time slot chosen and confirmed in the Order Confirmation. In the absence of the Customer on the agreed point of delivery within the time slot chosen to that effect by the Customer, the Company’s drivers will not be waiting for more than ten (10) minutes.
When delivery of the Items has been impossible due to the absence of the Customer, a new appointment for delivery may be scheduled through the Website or by sending an email to the following address : email@example.com. The Customer will be charged additional five euro (EUR 5.-) for such service. Alternatively, the Customer may pick-up his/her Items in the Company’s premises during regular business hours within three (3) months as of issuance of the Order Confirmation.
If an Item gets lost or stolen, the Customer is entitled to a compensation payment based on the actual value of the Item, limited however to fifteen (15) times the price agreed for cleaning said Item and half (1/2) of the price of the Item if bought new. The latter needs to be proven based on the receipt of sale of such a new Item. The damaged Item will be retained by the Company and transferred to the Company’s insurance company.
The Company may not be held liable for the shrinking, deformation or lengthening of an Item during the washing/dry-cleaning process. Further, the Company declines all liability caused by invisible defects of an Item, including notably color defects, printing defects or defects of the fabric of an Item. The Company may not be held liable for any damage caused to any accessories of an Item, including notably zippers, buttons, pearls, glitter, suede or leather accessories.
In general, the Company may not be held liable for any damage caused unless such damage has been caused by its gross negligence or willful misconduct.
The Company provides its Customers with a non-exclusive, non-transferrable license to use the Website for his/her personal, non-commercial use provided that the Customer complies with these T&C.
All data, text, idea, drawings, graphic, information, images, photograph, software, video, names, logo are protected by copyrights, data base rights, trademarks, patents or/and other proprietary rights and are the property of the Company or/and its partners.
With the exception of the right to use the Website for personal purpose, any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of the Website without the prior written consent of the Company is prohibited and constitutes an infringement of its intellectual property rights.
In addition to any obligations resulting from any other articles of the present T&C, the Customer undertakes and guarantees or acknowledges, as relevant:
In accordance with the provisions of the data protection laws applicable to the Grand-Duchy of Luxembourg, any local laws and regulations where applicable, as well as the Regulation n°2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “Data Protection Laws), the Company, acting as data controller, collects, stores and processes, by electronic or other means, the Personal Data supplied by the Customer for the purpose of fulfilling the services ordered by the Customer and complying with its legal and regulatory obligations. The data processed includes in particular the name, contact details (including postal or email address), valid address for pick-up and delivery, banking details, of the Customer (the “Personal Data”)
The Customer has a right to:
(i) access his/her Personal Data;
(ii) ask for his/her Personal Data to be rectified where it is inaccurate or incomplete;
(iii) object to the processing of his/her Personal Data;
(iv) ask for erasure of his/her Personal Data if the conditions provided under the Data Protections Laws in this respect are met;
(v) ask for data portability under certain conditions set out under the Data Protection Laws.
The Customer may exercise the above rights by writing to the Company at its registered office and/or email address : firstname.lastname@example.org. The Customer also acknowledges the existence of his/her right to lodge a complaint with a data protection supervisory authority.
Personal Data supplied by the Customer is processed, in particular, for the purposes of dry-cleaning and laundry services and account registration and management. In addition, Personal Data may be processed for the purposes of marketing (e.g. invitations to events or notifications of commercial nature). The Customer has the right to object to the use of his/her Personal Data for marketing purposes by writing to the Company at its registered office and/or email address: email@example.com.
The Company may process and store Personal Data of the Customer on servers located in the United States of America. As the United States does not ensure an adequate level of protection of Personal Data, the Customer consents to the transfer of his/her Personal Data to the aforesaid servers located in the United States.
Personal Data will not be retained for a period longer than necessary for the purpose of the data processing, subject to applicable legal minimum retention periods as provided by the Data Protection Laws.
The Company reserves the right to unilaterally amend the present T&C without the consent of the Customer. Any order placed after such an amendment will be subject to the amended T&C. Any order placed prior to the amendment, is subject to the T&C as in effect prior to the relevant amendment.
If one or more of the provisions of this T&C is or becomes invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected and any invalid provision shall be deemed to be severable.
The Customer may not assign any of his/her rights under these T&C without the written consent of the Company. In particular, the personal account created for each Customer when registering with the Company, may not be assigned to another person.
Without prejudice to any of its obligations hereunder, the Customer may at any time terminate his/her Account with the Company by sending a clear and unequivocal request for termination to the following email address: firstname.lastname@example.org.
The Company reserves the right to immediately terminate the Services and the use of the Website should the Customer not comply with any of the rules set forth in the present T&C or infringe any other of his/her obligations pursuant to the present T&C.
The Company will communicate with the Customer by e-mail, post, fax or telephone. The Company cannot guarantee the security or confidentiality of any of such communication means and declines all liability in that respect.
This T&C are governed by and to be construed in accordance with the laws of the Grand Duchy of Luxembourg. The parties irrevocably agree to submit any disputes related to the present T&C to the courts of the city of Luxembourg, Grand Duchy of Luxembourg.