Terms of cleaning and complaints Rules

I. INTRODUCTORY PROVISIONS

1. These general terms and conditions ("Business Conditions") of the company D-Eco Friendly Company s.r.o., with its registered office at Radlická 2343/48, Prague 5, Postal Code 150 00, ID No. 08 08 52 18, VAT ID No. 08 08 52 18 registered in the Commercial Register maintained by the Municipal Court in Prague, section C, insert 312767, operating the business brand Daja Dry Cleaners ("Contractor"), establish mutual rights and obligations of the Contracting Parties arising in connection or on the basis of a contract for work concluded between the Contractor and the Orderer, who has ordered the performance of Services offered by the Contractor ("Orderer"), in particular through branches and the Contractor’s Internet pages ("Contract").
2. Provisions of these Business Conditions are an integral part of the Contract. Deviations from these Business Conditions can only be agreed upon in writing. For the purposes of this paragraph, the exchange of emails or other electronic messages shall not be considered written form.
3. Based on the Contract, the Contractor undertakes to properly and timely perform the services provided by him, in particular maintenance and modification of items, which the Orderer wishes to carry out. Maintenance of an item is considered to be chemical or wet cleaning of the item. Modification of the item is considered to be making adjustments to the item within the scope arising from the order, most often repairs and alterations of clothing. The Contractor from the Orderer at the agreed place and at the agreed time, after subsequent maintenance and modification and handing over the completed Order at the agreed place and at the agreed time back to the Orderer ("Order"), and the Orderer undertakes to accept the completed Order from the Contractor and to pay the Contractor the Price for the performance of the Order in accordance with paragraph IV of these Business Conditions. The Contracting Parties undertake to provide each other with all cooperation necessary for the proper and timely fulfillment of obligations arising from the Contract (including these Business Conditions).
4. Items for the maintenance of the item in the sense of the subject of the work according to the Contract can only be those items that the Contractor explicitly offers at branches and on the Internet pages, and for which the price for maintenance is listed in the Price List. Any other items than those mentioned in the previous text ("Non-standard items") can be items only based on the agreement of the Contracting Parties.
5. The Provider operates the Service at branches only in the territory of the capital city of Prague and Hradec Králové. The Internet pages are especially compatible with the following browsers: Internet Explorer, Google Chrome, Safari, Mozilla Firefox, and Opera.

II. USER ACCOUNT

1. Based on the registration made at a branch or on the Internet pages, the Orderer has access to his user interface within the Internet pages ("User Account"). Through the User Account, the Orderer can, in particular, place an Order for the Contractor's Service, communicate with the Contractor, or perform other actions that the Internet pages allow.
2. During registration, the Orderer is obliged to correctly and truthfully provide the following information. For a natural person, the name and surname, residential address, email address, telephone number. For a legal entity or a self-employed individual, the company name/name/surname and first name, registered address, ID number, email address, telephone number, name and surname of a contact person. Furthermore, the Orderer will choose a password for access to the User Account, which he is obliged to confirm again during registration.
3. Upon completion of registration, the Orderer will receive confirmation to the email address provided during registration with all entered information. For successful login to the User Account, the Orderer is obliged to enter in the appropriate field on the Internet pages his email address and the password he chose during registration.
4. The Orderer is obliged to maintain confidentiality regarding the information necessary for access to his User Account. The Orderer is not authorized to allow the use of his User Account by a third party.
5. The Contractor is entitled to cancel the Orderer's User Account, especially in the case where the Orderer has not used his User Account for more than 1 year, or in the case where the Orderer breaches his obligations under the Contract (including these Business Conditions).
6. The Orderer acknowledges that his User Account may not be continuously available, especially with regard to the necessary maintenance of the Contractor’s or third parties' hardware and software equipment.

III. CONCLUSION AND AMENDMENT OF THE CONTRACT

1. The Orderer may make an Order for the provision of Online Services with the Contractor, in particular, by correctly filling in and sending the order form available through the E-shop. The Orderer is obliged to correctly and truthfully provide all the mandatory data in the Order, in particular:
   • (I) name, surname, email address, and telephone number;
   • (II) designation of the type and number of items that the Orderer wishes to have cleaned;
   • (III) specification of contamination of individual items by selecting the corresponding type of "stain" from the E-shop offer;
   • (IV) date, time, and address of the place for picking up the Items to be cleaned from the Orderer, indicating the name of the street and descriptive, orientation, or identification number;
   • (V) date, time, and address of the place of delivery of the cleaned items back to the Orderer, indicating the name of the street and descriptive, orientation, or identification number;
   • (VI) If the Orderer wishes the Provider not to iron a certain item of Clothing, which is otherwise usual, after cleaning, they must indicate in the Order comments the instruction "do not iron".
   and choose one of the offered payment methods. If the Orderer is logged into his User Account within the E-shop, the data according to point (i) of this paragraph will be filled in automatically in the Order and the Orderer does not need to fill in these data. The Orderer has the opportunity to change automatically filled in data.
2. Online payment is only possible by card in advance, at branches in cash or by card.
3. If the Orderer is interested in cleaning a Non-standard item, an Order can be made via email sent to the email address of the Contractor.
4. The Order is a binding proposal of the Orderer for the conclusion of the Contract (offer) within the meaning of § 1732 paragraph 1 of the Civil Code. A proposal to perform a Service made by the Contractor by advertising, in a catalogue or by displaying goods (including the Contractor's Internet pages) is not in itself an offer but is considered an invitation to make Orders. All photographs displayed on the Contractor's Internet pages are illustrative only and are not a template or sample determining the quality or execution of the Service.
5. Before sending the Order through the Contractor's E-shop, the Orderer has the opportunity to check and change the data entered into the Order and choices made during the creation of the Order. The Orderer sends the Order to the Contractor by clicking on the " [Bind to order]" button. The Contractor immediately confirms the receipt of the Order to the Orderer via an email message sent to the Orderer's email address specified in the Order.
6. By sending the Order, the Orderer confirms that he has become acquainted with the entire content of these Business Conditions and the Cleaning Conditions, considers none of their provisions to be surprising, and expressly agrees with all provisions of these Business Conditions and the Cleaning Conditions. The Orderer agrees with the use of remote communication means when concluding the Contract. The Orderer himself bears the costs incurred by using remote communication means in connection with the conclusion and performance of the Contract (e.g., costs for internet connection or telephone calls), which do not differ from the basic rate.
7. The contract between the Orderer and the Contractor is concluded at the moment of printing the tax document at the branches or Online when the Orderer receives the acceptance (acceptance) of the Order from the Contractor. Silence or inaction of the Contractor are not in themselves an acceptance (acceptance) of the Order.
8. The contract can be concluded particularly in the Czech language and further in languages that the E-shop allows.
9. The Orderer expressly agrees, according to § 1823 of the Civil Code, that the Contractor will begin fulfilling his obligations arising from the Contract during the withdrawal period from the Contract.
10. Unless otherwise stated in these Business Conditions, the Contract concluded in writing can only be changed by a written agreement of the Contracting Parties or by an oral agreement of the Contracting Parties through the individual branch where the Order is cleaned. Written form is understood to include the exchange of emails or other electronic messages (including editing the Order within the E-shop). The Orderer agrees that telephone calls between the Contractor and the Orderer may be recorded for the purpose of improving the Contractor's services. Editing an already confirmed Order by the Orderer via the E-shop is also considered a proposal to change the Contract from the Orderer.
11. The Orderer is entitled to make a proposal to the Contractor to change the Contract regarding (I) the type or number of items to be cleaned and/or (II) the time or place of picking up the items to be cleaned no later than 2 hours before the agreed time for picking up the items.
12. If, after the conclusion of the Contract, circumstances change to such an extent that performance becomes more difficult for the Contractor, especially in the case of an increase in the Contractor's costs of performance, the Contractor has the right to demand from the Orderer the reopening of negotiations on the Contract, provided that (I) the Contractor could not have reasonably anticipated or excluded the change, and (II) the change occurred only after the conclusion of the Contract, or became known to the Contractor only after the conclusion of the Contract. In such a case, the Contractor is entitled to postpone the performance for a reasonable period. If the Contracting Parties do not agree on a change in the Contract within a reasonable time, which would restore the balance of rights and obligations of the Contracting Parties, either of the Contracting Parties is entitled to withdraw from the Contract.

IV. SERVICE PRICE

1. Unless agreed upon in writing between the Contracting Parties otherwise, the price of the Service ("Price") is determined according to the Contractor's Price List valid at the moment of sending the Order to the Contractor.
2. The Contractor has the right to issue a new Price List with amended content at any time. The Contractor shall always state the effective date of the new Price List and make it available to the Orderer on his Internet pages. The validity of the new Price List terminates the validity of the preceding one.
3. In the event that, predominantly due to reasons on the Orderer's side, there is a failure to pick up the items to be cleaned from the Orderer or to deliver the cleaned items back to the Orderer, especially because the Orderer does not show up at the agreed time at the place determined according to the Contract and does not ensure the fulfillment of this obligation through a third party or otherwise does not provide the Contractor with the cooperation necessary to pick up items from the Orderer or to deliver the cleaned items back to the Orderer, the Contractor is entitled to charge the Orderer as part of the total Price a handling fee of 250 CZK ("Wasted Journey Fee").
4. The total Price is composed mainly of the sum of individual prices for cleaning each item according to the Price List and the Costs of transportation and the Wasted Journey Fee if charged in accordance with these Business Conditions. If the sum of individual prices for cleaning items according to the Price List exceeds 1500 CZK (including VAT) in an individual case, the Costs of transportation within a distance of 5 km from the branch are not part of the Price and the Orderer is not obliged to pay them to the Contractor. This does not affect the possible obligation of the Orderer to pay the Contractor the Wasted Journey Fee.
5. If, as a result of a change in the Contract or for any other reason according to these Business Conditions, the Service is provided in a different scope than was originally agreed in the Contract ("Change of Service"), without a specific change in Price being agreed, the new Price will be determined based on the Price List valid at the moment of the Change of Service coming into effect. If the originally agreed Price has already been paid by the Orderer at the time the Change of Service comes into effect, any Overpayment or Underpayment between the Contracting Parties will be settled by online payment before the delivery of the cleaned items back to the Orderer, or by another method according to the agreement of the Contracting Parties.
6. If the Contracting Parties agree that the Service will include activities of the Contractor not listed in the Price List, in particular, that among the items there will be Non-standard items, the Price will be determined by the agreement of the Contracting Parties.
7. Any discount on the Price provided by the Contractor to the Orderer ("Discount") can be applied by the Orderer by entering the unique discount code received from the Contractor ("Discount Code") into the appropriate field of the E-shop and clicking on the "Activate" field. If the Orderer does not click on the "Activate" field after entering the Discount Code, the Discount will not be applied in the Order. Any Discount, to which the Orderer is not entitled by law, is always provided on the condition that the Price is paid by the Orderer properly and on time. If the Orderer does not fulfill this condition, the Contractor is entitled to demand additional payment of the monetary amount corresponding to the provided Discount. Individual Discounts cannot be combined. The Orderer has the option to further draw a discount in the form of membership points earned on the membership card for previous orders. Information about the requirement to draw points should be mentioned in the Order notes. The Contractor will deduct the full number of accumulated points from the Orderer's account.

V. PAYMENT CONDITIONS

1. The Orderer is obliged to pay the Contractor for the provision of the Service the Price determined in accordance with Section 4 of these Business Conditions, via cashless payment on the E-shop through the Payment Gateway.
2. For cashless payments, the Orderer is obliged to pay the Contractor the Price via the payment gateway accessible within the E-shop ("Payment Gateway"), no later than at the moment of delivery of the cleaned items to the Orderer ("Cashless Payment"). A Cashless Payment is considered paid at the moment the corresponding amount is credited to the Contractor's bank account. The Orderer acknowledges that the Payment Gateway is operated by a third party, namely ČSOB a.s., with its registered office at Radlická 333/150, 150 57 Prague 5, ID No.: 00001350, VAT ID: CZ69900761, registered in the Commercial Register maintained by the Prague City Court, section BXXXVI, insert 46 ("Payment Gateway Operator"). Before making a Cashless Payment, the Orderer is obliged to familiarize themselves with the conditions of using the Payment Gateway issued by the Payment Gateway Operator and available at the internet address www.CSOB.cz.
3. If the Orderer becomes delinquent with the fulfillment of any monetary debt to the Contractor, the Contractor is entitled to suspend the fulfillment of his obligations from all Contracts concluded with the Orderer until the end of the Orderer's delay.
4. Payments made by the Orderer to the Contractor's account prior to the provision of the Service and the items handed over to the Contractor for cleaning are not a deposit, the forfeiture of which would entitle the Orderer to withdraw from the Contract.
5. The Orderer is not entitled to unilaterally offset any of his claims against the claim of the Contractor arising from the Contract, its breach, or the provision of the Service on the basis of an invalid or canceled Contract.

VI. PICK-UP OF ITEMS FOR CLEANING

1. The Orderer is obliged to hand over the items for cleaning to the Contractor as per the Contract, at the place and time agreed in the Contract, either personally or through a third party designated by the Orderer. It is advisable to hand over the items to the Contractor in a bag or sack. A designated courier is authorized to accept the items on behalf of the Contractor. The Orderer or the third party designated by the Orderer are obliged to respond to the courier's call to hand over the items for cleaning, which the courier will confirm online. The courier is not responsible for the count of items in the order.
2. The Orderer is obliged to remove any parts and accessories that are not firmly attached to the items (e.g., decorations, clasps, detachable badges, hooks) before handing them over to the Contractor, which could damage other items in the possession of the Contractor or a third party during cleaning, and to also empty all pockets and storage compartments of the items. The Contractor is not liable for any damage, loss, or destruction of items that the Orderer failed to remove in violation of this provision.
3. The Contractor is obliged to check whether the items received from the Orderer correspond to the item positions according to the Contract only after their delivery to the Contractor's premises. In case of a discrepancy found, the Contractor is obliged to contact the Orderer and suggest such a change to the Contract that would resolve this discrepancy. If the Contracting Parties do not agree on a change to the Contract, the Contractor is entitled to withdraw from the Contract. If the Contractor does not withdraw from the Contract according to the previous sentence, they are obliged to clean only those accepted items that correspond to the originally agreed item positions according to the Contract.
4. If the pick-up of items from the Orderer is thwarted, the Contractor will contact the Orderer and offer a new pick-up date. If the Contracting Parties do not agree on a new date for picking up the items for cleaning, the Contractor is entitled to withdraw from the Contract.

VII. CLEANING OF ITEMS

1. As part of the Service, the Contractor is committed to providing professional care and maintenance of usual quality for the Orderer, mainly involving the removal of stains and other contaminants by cleaning, washing, or other appropriate methods. If it is usual for the individual items, ironing is also included in the Service, unless the Orderer specifies in the Order that they wish certain items not to be ironed.
2. The Contractor is obligated to clean individual items in accordance with the Orderer's instructions and the manufacturer's instructions regarding material composition and proper maintenance, which are firmly attached to the items in the form of standard graphic maintenance symbols.
3. If certain items lack maintenance symbols, or the manufacturer’s instructions indicate that the item should not be cleaned at all, or if the Contractor deems the item unsuitable for cleaning, particularly if there is a risk of damage to the item or other items as a result of cleaning ("Risky Item"), the Contractor is required without undue delay to contact the Orderer, notify them of the existence of the Risky Item, and request their consent for cleaning, whether to clean the Risky Item anyway, and if so, how. The Contractor is entitled to set a reasonable deadline for the Orderer to give instructions. Once the Contractor receives the instructions, they must inform the Orderer of any inappropriateness of the given instructions. If the Orderer insists on cleaning the Risky Item despite the Contractor's warning about the inappropriateness of the instructions, the Contractor is entitled to request that the Orderer confirm the Maintenance Conditions of the item in writing (e.g., by email). The Contractor is entitled to reasonably extend the agreed delivery date of the cleaned items back to the Orderer by the time they waited for the Orderer's relevant instruction, but not exceeding the deadline set for the Orderer to give instructions.
4. The Contractor is entitled to refuse cleaning of a specific item if:
   1. it concerns a Risky Item and the Orderer has not given instructions on further action in time, although the Contractor has invited them to do so; or
   2. it concerns a Risky Item and the instructions given by the Orderer regarding further action are clearly inappropriate for the performance of the Service, according to the Contractor's assessment; or
   3. it is an item requiring special care or a technological cleaning process that the Contractor does not offer, or if its cleaning would require extraordinary costs on the part of the Contractor; or
   4. extraordinary circumstances on the part of the Contractor that could not be foreseen at the time of concluding the Contract and are not caused by the Contractor (force majeure), especially the lack of energy or raw materials, epidemic, pandemic, strike, lockout, official measures, or delays or failure of sub-supplies.
5. The use of the Contractor's right according to Article VII.4 of these Business Conditions is considered a Change of Service, and the Contractor is obliged to inform the Orderer of this without undue delay. The Change of Service in such a case becomes effective at the moment the Orderer is informed about the Contractor's right to refuse cleaning of a specific item.
6. The Orderer acknowledges that despite the exercise of professional care and the use of modern technological processes and equipment, it may happen that some stains or contamination cannot be completely removed from the items.

VIII. DELIVERY OF CLEANED CLOTHING TO THE ORDERER

1. The Contractor is obliged to hand over the cleaned items back to the Orderer at the time and place agreed upon in the Contract, via a designated courier. The Orderer is required to receive the cleaned items from the courier at the time and place according to the Contract, either personally or through a third party designated by the Orderer. The receipt of the cleaned items must be confirmed in writing by the Orderer or the third party designated by the Orderer.
2. The moment the items are received by the Orderer is considered the completion of the Service. The Service is also considered completed if the Orderer does not provide the Contractor with the cooperation necessary to receive the cleaned items.
3. Before delivery of the cleaned items to the Orderer, the Contractor will hang and wrap the items in appropriate packaging. The costs of hangers and packaging as well as packing costs are charged separately according to the service price list.
4. If the delivery of cleaned items back to the Orderer is thwarted, the Contractor will store the items at its facility where the order was cleaned ("Storage") and contact the Orderer to arrange an alternative delivery date. If the Contracting Parties do not agree on an alternative delivery date, or if the delivery of the cleaned items is thwarted even on the alternative date, the Orderer is obliged to pick up the cleaned items from the Storage without undue delay after being prompted by the Contractor. The costs associated with picking up the cleaned items from the Storage are borne by the Orderer.
5. If the Orderer does not pick up the items from the Storage within 6 months from the date they were prompted by the Contractor, the Contractor is entitled to sell the uncollected items at the expense of the Orderer in an appropriate manner. Against the proceeds from the sale of the items, the Contractor is entitled to offset its receivables due from the Orderer arising from the Contract, including costs reasonably incurred for the storage of items.

IX. RIGHTS FROM DEFECTIVE PERFORMANCE

1. The Contractor is responsible to the Orderer for the Service being free of defects. The Orderer is obliged to notify the Contractor of any obvious defect in the Service without unnecessary delay after they could have discovered it with due attention. The Orderer is obliged to notify the Contractor of any hidden defects in the Service without unnecessary delay, after they could have discovered it with due attention, but no later than two years from the day of receiving the cleaned items from the Contractor.
2. In case of a Removable defect of the Service, the Orderer has the right to request the Contractor to remedy the defect free of charge (especially by repeated cleaning of the relevant item position), or a reasonable discount on the Price. In case of an Irremovable defect, the Orderer has the right to demand from the Contractor a reasonable discount on the Price or to withdraw from the Contract.
3. The Orderer does not have rights from defective performance regarding a defect or damage that the items had before being handed over to the Contractor, or that occurred after the Service was provided for reasons other than a breach of duty by the Contractor. The Orderer also does not have rights from defective performance regarding a defect of the Service that arose as a result of insisting on cleaning a Risky item, even though they were previously warned by the Contractor of the unsuitability of such an action in accordance with Article VII.3 of these Business Conditions.

X. WITHDRAWAL FROM THE CONTRACT

1. In accordance with § 1829 paragraph 1 of the Civil Code, the Orderer is entitled to withdraw from the Contract without stating reasons within a period of 14 days from the date of conclusion of the Contract ("Withdrawal Period"). However, if the Contractor performs the Service before the expiry of the Withdrawal Period, the Orderer is entitled to withdraw from the Contract only until the Service is performed, in accordance with § 1837 letter a) of the Civil Code.
2. If the Orderer withdraws from the Contract, they are obliged, in accordance with § 1834 of the Civil Code, to pay the Contractor a proportionate part of the agreed Price for the performance provided by the Contractor up to the moment of withdrawal from the Contract. If the Orderer withdraws from the Contract, they are obliged to bear the costs associated with returning the items back to the Orderer.
3. The Orderer may exercise their right to withdraw from the Contract by delivering to the Contractor their unilateral legal act which clearly indicates the Orderer's intent to withdraw from the Contract. In the withdrawal, the Orderer shall also state the reason for withdrawal unless it is a case where the Orderer is entitled to withdraw from the Contract without stating a reason in accordance with the law. If the Orderer withdraws from the Contract under § 1829 paragraph 1 of the Civil Code, they may also use the sample form for withdrawal from the Contract, which forms Annex No. 1 to these Business Conditions. Withdrawal from the Contract can be delivered to the Contractor especially in printed form at the address of the Contractor's registered office or in electronic form to the email address info@cistirna-odevu-daja.cz. The period for withdrawal from the Contract is considered preserved if the Orderer sends the notification of withdrawal to the Contractor within this period.
4. In addition to the reasons stated elsewhere in these Business Conditions and the reasons arising from the law, the Contractor is entitled to withdraw from the Contract in the case that:
   1. The Orderer insists on cleaning a specific item even though they have been previously warned by the Contractor of the inappropriateness of such procedure in accordance with Article VII.3 of these Business Conditions; or
   2. Extraordinary circumstances on the part of the Contractor, which could not be foreseen at the time of concluding the Contract and are not caused by the Contractor (force majeure), in particular, lack of energy or raw materials, strike, epidemic, pandemic, lockout, official measures, or delays or failures of sub-supplies; or
   3. The Orderer becomes insolvent within the meaning of § 3 paragraph 1 of the Insolvency Act;
   4. Insolvency proceedings are initiated against the Orderer; or
   5. The Orderer enters into liquidation.
5. Withdrawal from the Contract does not affect the right to payment of contractual penalties or interest on arrears, if they have already fallen due, the right to compensation for damage caused by a breach of contractual obligation, or arrangements intended to bind the Contracting Parties even after withdrawal from the Contract. If the debt was secured, withdrawal from the Contract does not affect the security.
6. If a gift is provided to the Orderer along with the provision of the Service, the donation agreement between the Contractor and the Orderer is concluded with a dissolving condition that if the Orderer withdraws from the Contract, the donation agreement regarding such a gift becomes ineffective, and the Orderer is obliged to return the provided gift to the Contractor. The Orderer bears the costs associated with returning the gift back to the Contractor.

XI. FINAL PROVISIONS

1. If the relationship established by the Contract contains an international (foreign) element, then the Contracting Parties agree that their relationship is governed by Czech law. This does not affect the rights of the Orderer - consumer arising from generally binding legal regulations.
2. Unless explicitly stated otherwise in these Business Conditions, or unless the Contracting Parties have agreed otherwise in writing, no obligation arising from the Contract by the Contracting Parties is considered a fixed obligation in the sense of § 1980 paragraph 1 of the Civil Code. For the purposes of this paragraph, the exchange of emails or other electronic messages shall not be considered written form.
3. If any provision of the Contract (including these Business Conditions) is invalid or ineffective, or becomes so, instead of the invalid provisions, provisions whose meaning comes closest to the invalid or ineffective provision shall apply. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions of the Contract.
4. The Orderer assumes the risk of changed circumstances according to § 1765 paragraph 2 of the Civil Code.
5. The Contractor is not bound by any codes of conduct in relation to the Orderer in the sense of § 1826 paragraph 1 letter e) of the Civil Code.
6. The Contract including the Business Conditions is archived by the Contractor in electronic form and is not accessible.
7. The Contractor is entitled to provide the Service based on a trade license. Trade control is carried out within its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority performs supervision in a defined scope, including compliance with the Consumer Protection Act. The Contractor's contact details are listed on the Contractor's website.
8. Annex No. 1 of these Business Conditions contains a sample form for withdrawal from the Contract, which is also available on the Contractor's website.
9. These Business Conditions are effective from March 1, 2024.