GENERAL TERMS AND CONDITIONS FOR USERS
This General Terms and Conditions for Users (hereinafter, "the General Conditions") governs the access and use of the website accessible through the domain name www.cleanzy.com/es-es, its subdomains and the services of any mobile application (hereinafter, the "Website" and "the Application", respectively, or "the Platform" together), as well as the hiring of cleaning products and / or services marketed by independent professionals and / or legal persons (hereinafter, "the Providers of Cleaning Services") through these. The simple access to the Platform attributes to the person who performs it the condition of User of the Platform (hereinafter, "the User") and implies the acceptance of all the terms included in these General Conditions. If you do not agree with these General Conditions, the User must immediately abandon the Website and / or Application without using it.
By means of the acceptance of these General Conditions, the User states:
1. That the User has read, understood and accepted what is stated here.
2. That, if the User is willing to buy a product and / or service, the User has sufficient capacity to do so.
3. That the User accepts all the obligations set forth herein.
1. General information of the Platform
In compliance with the provisions of Article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the following is the general information of the Platform:
Owner: Cleanzy ITALIA, S.R.L. (hereinafter referred to by its trade name, "Cleanzy").
Headquarters and establishment: Piazza Castello, number 19, 20121, Milan (Italy)
Tax identification number: 10252110969
E-mail: [email protected]
Registration data: Company Registry of Milan, with the number R.E.A MI-2516908
"Cleanzy.com" website is managed by Cleanzy in which different services are offered.
"Cleaning Services Providers" refers to any individual or legal entity that provides cleaning services to the Users and who are self-employed workers acting with their own means and without the obligation of subordination and / or near-subordination with Cleanzy.
"User": natural person who uses the Platform to access the hiring of Cleaning Services of the Service Provider.
"Cleaning services": cleaning service performed by the Service Providers which the Users can reserve and contract through the Platform.
"Reservation": a request in which the User intends to contract for the services via the Service Provider which are offered in the Platform.
"Price": price of Cleaning Services per hour to reserve the Service Providers via the Platform.
"Contracting Fee": amount charged by Cleanzy to the User for each hour of service contracted and paid for by the User.
2. Access to the Platform and Registration
2.1. The simple access to the Platform is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.
2.2. Cleanzy reserves the right to eliminate, limit or prevent access to the Platform when technical difficulties arise due to events or circumstances beyond Cleanzy that, in its sole discretion, reduce or annul the security levels.
2.3. In general, to access and browse the contents of the Platform, it is not necessary to register the User beforehand. However, the use of certain services and content may be conditioned to the prior registration of the User. In such case, the data entered by the User must be accurate and current.
2.4. The registered User will be responsible at all times for the data provided via the Platform. For these purposes, the completion of the data will be deemed carried out by the User, who will respond in any case to the entered data. The User will be responsible for any false or inaccurate information and information provided to Cleanzy.
2.5. Likewise, the registered User will be responsible at all times for the custody of their access codes (username and password), assuming as a consequence of the damages that may be derived from the improper use of their access codes, as well as the cession, disclosure or loss of them.
2.6. For these purposes, the accesses to restricted areas of the Platform made under the access codes of a previously registered User shall be deemed carried out by the User, who shall respond in any case to said access and use.
2.7. In the event that the User suspects that his/her access codes are being used by third parties, without a prior consent, he/she must notify Cleanzy as soon as possible through the means of contact indicated in these General Conditions of Use.
2.8. The access of the User to the Platform does not imply for Cleanzy the obligation to control the absence of viruses, bugs or any other harmful computer element, provided that the existence thereof cannot be considered direct and exclusive responsibility of Cleanzy, who will use the means to its scope to guarantee the security of the Platform. It is up to the User to use appropriate tools for the detection and disinfection of harmful computer programs.
2.9 Cleanzy is not responsible for any damage caused to the software and computer equipment of the User or third parties during access to the Platform when the cause of their existence is foreign to Cleanzy's activity.
2.10. Cleanzy is not responsible for damages or losses of any kind that may cause the User to have failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Platform service during the provision of the same or with character previous.
3. Rules for using the Platform
The User is obliged to use the Platform and all its content and services in accordance with the provisions of the law, morals, public order and these General Conditions, and will not use them to carry out illicit or criminal activities that violate the rights of third parties and / or that violate any norms of the applicable legal system.
The User agrees to:
1. Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, that advocates terrorism or violates human rights.
2. Do not introduce or disseminate on the network data programs (viruses and harmful software) that may cause damage to the computer systems or the Platform of the access provider, its suppliers or third users of the Internet network.
3. Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and by the international treaties.
4. Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illicit or disloyal advertising.
5. Not transmit unsolicited or authorized advertising, advertising material, "junk mail", "chain letters", "pyramidal structures", or any other form of solicitation, except in those areas (such as commercial spaces) which have been exclusively conceived for it.
6. Not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
7. Not impersonate other Users using their registration keys to the different services and / or contents of the Platform.
8. Do not impersonate other Users using his/her name or identifier. The User must provide accurate, current and truthful information at all times.
9. Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the Platform or to third parties.
10. Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and the legislation of personal data.
The User undertakes to hold Cleanzy harmless against any possible claim, fine, penalty or sanction that may be required to be born as a result of the User's failure to comply with any of the aforementioned rules of use, reserving, in addition, Cleanzy has the right to request compensation for damages that correspond.
4. Conditions of contract
4.1. Procedure for purchasing products and / or services.
The language in which the User may formalize the contract is Spanish or English at the User's option.
The procedure for contracting services and / or products through the Platform is as follows:
1º.- From the button "Reserve service" distributed in different points of the Website and / or Application, the User may select the cleaning service modalities that suit his/her needs and once selected, he/she must click on the button labeled as "Continue."
2º.- Next, he/she must register or log into Cleanzy, and he/she must click on the button labeled "Register" or "Register and continue".
4º.- Next, the User must select one of the following available forms of payment:
• Credit / debit card through Stripe which accepts Visa, Mastercard, American Express, Discover, JCB and Unionpay. Payment will be made in secure mode through the Stripe virtual gateway www.stripe.com available on the Platform until the service has been effectively completed by the Cleaning Services Providers.
5º.- Next, the User must enter the information requested according to the means of payment chosen and confirm the payment.
6º.- The User will receive an e-mail in which the User would have given at the time of making the Reservation, confirming the correct completion of the purchase process and the creation of his User account, if applicable.
7º.- Finally, in order to enjoy the services, the User must follow the guidelines established in his/her Reservation.
Cleanzy will keep electronic versions of the contracts conducted for the User. Registered Users may access, through their account, the history of purchases made on the Platform and download their contracts.
4.2. Correction and identification of errors in data entry
If the User forgets to complete any data marked as mandatory by means of a red asterisk, in that case he/she will not be able to advance in the hiring or validation process until it is completed. A message on the screen will warn the User of this circumstance.
As stated in the description of the purchase procedure contained in these General Conditions, the User may review and modify the details of the order before finalizing it.
The User, at any time, may modify and / or update the data provided during the registration process as a customer, by entering his / her User account.
The prices indicated for each product include, unless expressly indicated against, the Value Added Tax (VAT) and, in any case, are expressed in the Euro currency (€). Said prices, unless expressly indicated otherwise, do not include any other additional services and attachments to the product and / or service purchased.
The price established for the Cleaning Service which shown in the Platform may have different modalities according to the frequency of service provision.
4.4. Promotional codes and Happy Points
The User at the time of making the payment will have the possibility of add a discount/promotion code or Happy Points which will be applied to the price of the product and / or service that the User wishes to purchase.
The User may obtain the promotion codes through notifications and emails by Cleanzy, provided that the User has given his consent to this type of communication.
The use of these codes will be subject in general to the following conditions, as long as they are not subject to specific conditions at the time of their issuance:
1. Only one promotion code can be used per purchase.
2. The promotion code cannot be applied to a purchase once made.
3. The promotion code that is subject to a deadline may not be used after the expiration of the period.
4. Cleanzy will not be responsible for the use of the promotion code by another natural person that uses the User's profile. For this reason, the registered user will be responsible at all times for the custody of his/her promotional codes, assuming as a consequence of the damages that may be derived from the improper use of their access codes, as well as the cession, disclosure or loss of the same.
5. If a promotion code does not work properly due to, but not limited to, fraud or technical errors, and affects the operation, administration, security or use of the promotion code, Cleanzy reserves the right to cancel, modify or suspend the Promotion code.
6. Promotion codes cannot be reimbursed for money.
7. In the event that Cleanzy detects that the Registered User has commercialized its promotion code and / or carried out actions contrary to its use, Cleanzy reserves the right to cancel the code.
4.5. Sending receipts and invoices
The User knows and accepts that Cleanzy will only send his/her receipts to the email address that the User has provided during the registration process. However, the User may request at any time that the receipts are sent to him/her on paper, for which he/she must send his request to [email protected]
The invoices issued must be claimed from the Cleaning Services Providers who promote their products and / or services on the Platform and will be available 48 hours after the purchase of the Service and / or Product.
5. Cancellation and return policy
The User has the right to cancel the services and / or products contracted through Cleanzy under the following conditions:
Cancellations / returns of purchases made on the Platform can only be managed through it.
2.2. Terms and conditions
The cancellation / modification of a Reservation of cleaning services will be subject to the following:
i. The User has the right to cancel and / or modify the date and time of the execution of the Cleaning Services until 09:00 the day before the date established for the execution of the Services without any sanction. Then, Cleanzy will reimburse the User for the amounts charged, subtracting the costs of payment management.
ii. The Users can also modify the date and time of the execution of the Services between 09:01 and 20:00 the day before the date for the execution of the Cleaning Services without any sanctions.
iii. In case of cancellation on the same day, the Cleaning Services Provider will be compensated with the total cost of the Reservation and the Commission will be kept by Cleanzy.
iv. Users may also change the time when the Services are provided, even after 8:01 pm the day before the date established for the provision of the Services without any sanction. In case of modification on the same day, the Cleaning Services Provider will be compensated with the 50% cost of the Reserve and the Commission will be kept by Cleanzy.
v. In the event that the User wishes to modify and / or cancel the Cleaning Services in the two hours prior to the date on which the Service should have been provided, Cleanzy will have the right to retain all the amounts received.
6. Right of withdrawal
6.1. Period of exercise
The User has the right to desist from the contract signed through the Platform within a period of 14 calendar days without the need for justification.
To exercise the right of withdrawal, the User must notify Cleanzy of his decision to withdraw from the contract through an unambiguous statement (for example, an email).
To comply with the withdrawal period, the User must use this right and make the communication before the corresponding deadline expires.
6.2. Consequences of the withdrawal
In the event of withdrawal, Cleanzy will return all payments received from the User, including the delivery costs (with the exception of the additional expenses resulting from the User's choice of a delivery method different from the less expensive mode of ordinary delivery that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which the User informs Cleanzy of his decision to withdraw from the contract. Cleanzy will proceed to make the reimbursement using the same means of payment used by the User for the initial transaction, unless the latter has expressly provided otherwise; in any case, the User will not incur any expense as a result of the refund.
6.3. Assumption of non-application of the right of withdrawal
In accordance with the provisions of Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, the User gives the express consent and is aware that he / she cannot desist from the provision of services, once the service has been completely executed or when the execution of said service has begun.
6.4. Complaints, claims and requests for information
The User can write their complaints, claims or requests for information to the Cleanzy Customer Service, using any of the following methods:
• Sending an email to the address: [email protected]
Cleanzy will respond to the complaints received in the shortest possible time and in any case within a maximum period of one month from the filing of the claim.
Cleanzy has official complaint / complaint / complaint forms that the User can request from the Cleanzy Customer Service.
7. Contents and services linked through the Platform
The Platform may contain technical linking devices, directories and search tools that allow the User to access other Internet pages and portals (hereinafter, "Linked Sites"). In these cases, Cleanzy will only be responsible for the contents and services provided in the Linked Sites to the extent that it has effective knowledge of its illegality and has not deactivated the link to them with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, the User may contract with Cleanzy.
In no case shall the existence of Linked Sites presuppose the formalization of agreements between Cleanzy and those responsible or owners thereof, nor the recommendation or promotion of the Linked Sites and / or its contents by Cleanzy.
Unless expressly indicated otherwise in the Platform, Cleanzy does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages that its illegality, quality, outdated, unavailability, error and uselessness can produce the User or any third party.
8. Intellectual and industrial property
All the contents of the Platform, understood by these as merely enunciative texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes, are the intellectual property of Cleanzy or of third parties.
The trademarks, trade names or distinctive signs published on the Platform are the property of Cleanzy or third parties, without any right to be assigned to the User.
9.1. Cleanzy will be considered as only the service provider of the information society, being subject to the liability regime contained in articles 16 and / or 17 of Law 34/2002, of July 11, Services of the Society of the Information and Electronic Commerce.
9.2. The User acknowledges and accepts that any contractual or extra-contractual relationship that the latter establishes with the Cleaning Services Providers through the Platform and the services provided by Cleanzy will be formalized exclusively between the User and the Cleaning Service Provider in question.
9.3. In this sense, Cleanzy acts as a simple agent on behalf and on behalf of the User in regard to the Providers of Cleaning Services and the management of the provision of cleaning services requested by the User.
9.4. The information that Cleanzy provides through the Platform about the Providers of Cleaning Services is based on the data and information that they provide to Cleanzy or those are available on the website owned by them.
9.5. Cleanzy cannot guarantee that this information is accurate, complete or correct, although it will use all the means at its disposal to verify the accuracy and veracity of it.
9.6. Likewise, any information contained in the Platform should not be construed as a recommendation or promotion of Cleaning Service Providers by Cleanzy.
9.7. Cleanzy shall not be liable for any claim or claim for damages of any nature attributable to the Users or the Providers of derived Cleaning Services, including, but not limited to, or excluding, the breach or partial compliance with the contractual or non-contractual obligations, the infringement of the intellectual and industrial property rights of third parties, the performance of acts of unfair competition and unlawful advertising, the violation of the secrecy of communications and the legislation of personal data, the violation of fundamental rights and public freedoms recognized constitutionally and in international treaties, of illicit activities or constituting an offense that violate the rights of third parties and / or the violation of any applicable legal regulations.
9.8. Cleanzy will not be responsible, in any case or circumstance, for the unlawful, negligent, fraudulent use or contrary to the content of these General Conditions, of the products, contents and / or services of this Platform by the Users.
9.9. Cleanzy will answer unlimitedly against the User for the damages caused by fraud. In all other cases, the responsibility of Cleanzy (including its administrators, managers, employees and partners) against the User with respect to any type of claim arising from these General Conditions, will be limited to the direct damages and losses, caused by the exclusive negligence of Cleanzy. In any case, the responsibility shall not exceed the amount corresponding to the amounts actually paid by the User to Cleanzy for the price of the products and / or services during the month prior to the date on which the event causing the damage occurred.
9.10. Cleanzy will not be liable to the User for indirect damages; non-pecuniary damage; lost profits; loss of income, profits or goodwill and loss of data and / or use.
10. Data protection
10.1. The personal data that the User provides through the Platform will be treated according to the established in the Privacy and Cookies Policy of the same, accessible through the following link https://cleanzy.com/es-es/privacidad
10.2. The personal data may be communicated to the Providers of Cleaning Services in order to carry out the provision of services.
11. Nullity and ineffectiveness of the clauses
If any clause included in these General Conditions is declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, subsisting these General Conditions in everything else, considering that provision totally or partially not included.
12. Applicable legislation and competent jurisdiction
These General Conditions will be governed and interpreted in accordance with Spanish legislation.
In the event of dispute between Cleanzy and the User, the User may bring his / her action before the Italian courts corresponding to the domicile of Cleanzy, or before the courts of the place where the User is domiciled.
Cleanzy informs Users that, in the event of dispute, they may alternatively go to the online dispute resolution platform created by the European Commission under Regulation (EU) 524/2013 of the European Parliament and of the Council, of 21 May 2013, relating to the resolution of online dispute in consumer matters. This platform is accessible through the following link: http://ec.europa.eu/consumers/odr
Last update: January 21, 2019.