These terms and conditions apply to any agreement between Qarwash.com BV, established in Rotterdam (Qarwash.com) and the user of the platform (defined below) offered by Qarwash.com (the User), upon which Qarwash.com these terms and conditions declared applicable. The services offered by Qarwash.com consist of the provision of a platform where car wash programs are offered to Users (the Platform), as well as a pick-up and return service of the User's car to and from the car wash (the Service).
The Platform facilitates the bringing together of car washes and Users. The Platform is not responsible for the car wash programs offered and performed by the affiliated car washes.
If the User uses the Service, he must be at home at the address indicated by him where the car will be collected and returned.
Qarwash.com has the right to engage third parties in the performance of the Service. The applicability of article 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is excluded.
The Service User guarantees that his car meets the following requirements:
a) the car meets all basic safety requirements and registrations in the Netherlands;
b) the car is at least insured for civil liability (WA);
c) the car has a valid registration number, which registration number is registered in the Netherlands;
d) the car can be used normally and contains sufficient necessary fluids, such as gasoline, engine oil, brake fluid and coolant.
The User ensures that all data relating to his car that is necessary for the performance of the Service is provided to Qarwash.com in a timely manner. Qarwash.com is not liable for damage, of whatever nature, because Qarwash.com relied on incorrect or incomplete information provided by the User.
The prices stated on the Platform include VAT.
4.1. Payment for the services of Qarwash.com takes place by means of an online payment method on the Platform. The agreement is concluded as soon as payment has been made.
If the User cancels the Service before his car has been collected, the work performed by Qarwash.com and the expenses incurred will be charged to the User in the form of the pick-up & delivery costs. Once the User's car has been collected, it is no longer possible to cancel the Service.
If the User is not present when collecting the car, does not pay or otherwise fails to fulfill his obligations under the agreement with Qarwash.com, Qarwash.com has the right to refuse future services to that User.
If the User is in default or fails to fulfill its payment obligations, any costs for enforcing payment (including collection costs) will be borne by the User.
Qarwash.com is not liable for damage suffered by the User in connection with the use of the Platform and the Service.
If Qarwash.com is nevertheless liable for damage to the User arising from the agreement, this will be limited to the amount that the insurer of Qarwash.com pays out in that specific case.
Qarwash.com is not liable for a shortcoming in the fulfillment of the agreement if the shortcoming is the result of force majeure.
The above does not apply if the damage is the result of intent or willful recklessness on the part of Qarwash.com.
The User indemnifies Qarwash.com against any claims from third parties who suffer damage in connection with the execution of the agreement and whose cause is attributable to others than Qarwash.com. If Qarwash.com should be addressed by third parties and this claim is related to the agreement, then the User is obliged to assist Qarwash.com both outside and in law and to immediately do everything that can reasonably be expected of him. If the User fails to take adequate measures, Qarwash.com is entitled to do so itself without notice of default. All costs and damage on the part of Qarwash.com and third parties arising as a result, are for the account and risk of the User.
All intellectual property rights relating to the Platform and the Service, including copyrights, software rights, trademark rights, patent rights, design rights, trade name rights and know-how are fully vested in Qarwash.com.
If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or should be annulled, the remaining provisions of these general terms and conditions will remain fully applicable.
Qarwash.com treats the User's personal data in accordance with the General Data Protection Regulation.
Dutch law applies to the agreement, the agreements arising from this agreement and the assignment.
All disputes that may arise as a result of the agreement or these general terms and conditions will be submitted to the competent court in Rotterdam, unless Qarwash.com chooses to submit the dispute to the competent court of the location of the User or another according to the competent court.