Terms and conditions
1.1. These general terms and conditions apply to all offers, orders, and agreements between WOSH SRL (hereinafter referred to as "WOSH"), registered under number BE0719790082 with its registered office at Chaussée de Boondael 386, 1050 Brussels, and the client. WOSH is a company specializing in the IT sector, particularly in the development of digital platforms connecting clients with industrial textile cleaning operators (hereinafter referred to as "Partners"), as described in detail on the website www.wosh.be.
1.2. WOSH also offers management software for Partners, enabling them to manage their activities through solutions such as an order-taking app, a point-of-sale system, a delivery app, and production management software. These services are provided exclusively to Partners under the conditions specified in a separate contract.
1.3. The client acknowledges having read these terms and conditions via the website or application before entering into any business relationship with WOSH and accepts them in their entirety. Any deviation from this rule must be made in writing.
1.4. WOSH reserves the right to update, modify, or revise these general terms and conditions at any time without notice to clients. It is the client's responsibility to regularly review any changes to the terms and conditions on the company’s website.
1.5. Acceptance of these general terms and conditions also implies that the client waives the application of their own general terms and conditions.
1.6. WOSH acts exclusively as a platform for connecting and providing digital support. The Partner is solely responsible for the services they provide to clients, including quality, timelines, and compliance. Clients are encouraged to review the Partner’s terms and conditions for additional information about their rights and obligations. The Partner's terms and conditions are available in the "My Laundry" section on the app, upon written request, or on the Partner's website.
2.1. The prices applicable to orders are those in effect when WOSH or the Partner processes the laundry. The applicable prices are available on the app or provided in writing by WOSH. No rights can be derived from apparent errors in the composition, printing, diction, or writing of the shared or online price lists.
2.2. The final cost of each order will be determined after a thorough inspection of the laundry by the Partner. Variations from the price initially provided on the app or through written or verbal communication may occur based on the requested service, the type of textiles to be processed, actions needed to ensure quality treatment, potential repairs, or requests for express delivery. In case of disagreement with the final cost or the validated order details, the client must notify the Partner or WOSH by email within 4 hours of receiving the modification notice. Beyond this deadline, no cancellation or refund can occur.
2.3. The Partner reserves the right to apply a minimum amount or quantity to an order, without further notice, to cover associated administrative and operational costs. The standard minimum is 5 kilograms for weight-based laundry.
2.4. WOSH and the Partner also reserve the right to adjust service prices in response to significant market changes, material costs, and/or wages multiple times a year without prior notice. Prices are typically adjusted annually in January following the Belgian Textile Care Federation index (www.fbt-online.be) or an equivalent index from another country.
2.5. Any quote is valid for the duration specified on it. If no duration is indicated, the quote is valid for 30 calendar days.
3.1. Unless otherwise indicated, payment for services must be made in advance online via the app or website at the time of order confirmation using the payment method selected by the client. The list of available payment methods can be viewed on the app. The client guarantees to WOSH that they have the necessary authorizations to use the chosen payment method.
3.2. Payment procedures on the app are handled by the payment service provider STRIPE (https://stripe.com/be). An expert in payment security, STRIPE ensures sensitive data is transmitted and stored according to the highest security and quality standards. In all secure areas where the WOSH.be URL begins with https:// (where "s" means secure), information is encrypted and thus protected before being transferred online.
3.3. Invoices are payable on the due date specified on the invoice. If no due date is indicated, invoices must be paid within 30 days of the billing date. Payment fees are the sole responsibility of the client.
3.4. In the event of non-payment of an invoice by the due date, default interest of 1% per month on the unpaid invoice amount will be charged automatically and without prior notice.
3.5. If delivery repeatedly fails or is abandoned by the client, the goods become the property of WOSH or the Partner six months after deposit without any form of compensation.
4.1. Delivery and execution times communicated are purely indicative, but the Partner commits to adhering to them as best as possible. If there is an abnormal delay (more than 5 working days beyond the initially estimated execution timeframe), the client has the right to terminate the contract or dispute the service in writing without judicial intervention. Under no circumstances shall missed delivery deadlines result in claims for damages.
4.2. The Partner reserves the right to make partial deliveries. Partial delivery of the order cannot justify refusal of payment for the delivered goods or a claim for damages.
4.3. The Partner reserves the right to charge additional delivery fees for failed deliveries or collections due to incorrect information provided by the client or their absence during the agreed-upon hours.
5.1. WOSH acts as an intermediary between the client and the Partner and assumes only limited responsibility for services provided by the Partner. Claims regarding services must be addressed directly to the Partner, in accordance with their own terms and conditions. If the Partner’s terms and conditions lack provisions, the following default rules apply. However, the Partner's terms and conditions take precedence.
5.2. In the event of a dispute, WOSH can assist in facilitating communication between the client and the Partner but does not guarantee resolution of the dispute.
5.3. The Partner commits to providing quality services but cannot guarantee specific results in all cases. The Partner is bound by an obligation of means regarding the work performed, not by an obligation of results.
5.4. The client agrees to label all items with care labels or maintenance instructions. In the absence of such labels, the Partner disclaims all liability for any defects.
5.5. Any visible defects or missing items related to the services provided must be reported in writing and in detail to the Partner immediately, and no later than 48 hours after delivery, in-store collection, or order pickup at a collection point. Claims submitted after this deadline will not be accepted.
5.6. If the client undertakes repairs or modifications by themselves or through others, they immediately forfeit all claims or warranties. The client also loses their claim rights if damage results from non-compliance with professional standards, usual instructions, or misuse of the textile.
5.7. The Partner is not responsible for lost or damaged objects left attached to or inside processed items (e.g., buttons, zippers, jewelry, belts, keys, pens, coins, etc.). Loss or damage caused by such objects is also not covered.
5.8. The Partner is not responsible for pre-existing defects or damages in the items, including weaknesses or flaws inherent to the materials, caused by wear, weather conditions, improper storage, or manufacturing defects.
5.9. The Partner is not liable for damage or deformation if the client provided oral or written consent (e.g., via the app) for treating sensitive or delicate items.
5.10. If the Partner is deemed responsible for a fault, they commit to resolving the issue by offering a second treatment, a repair, or financial compensation. For lost or damaged items, compensation is calculated based on the residual value of the item, taking into account depreciation. Compensation is capped at 10 times the price paid for the item's treatment. For items charged by weight, the item’s weight serves as the basis for compensation.
5.11. When part of a set (e.g., a two-piece suit) is processed, compensation will only apply to the lost or damaged part, not the entire set.
5.12. The Partner’s liability is voided if the client fails to return the item for analysis within five working days of notification.
5.13. The Partner is responsible for items from the moment they are collected by their staff or representatives until delivery to the client. However, they bear no responsibility for items before collection or after delivery. Any damage, loss, or incident occurring before collection or after delivery (e.g., items left at a collection point or events post-delivery) is the sole responsibility of the client.
5.14. If the Partner and the client cannot reach an agreement on restoration, replacement, or compensation, they may appeal exclusively to the Belgian Arbitration Commission "CACET" or an equivalent body in the service country.
6.1. The digital tools provided by WOSH (order-taking app, point-of-sale system, delivery app, production management software, etc.) are exclusively intended for professional use by Partners. Access and use are subject to a separate agreement outlining the terms of use, rights, and obligations of the Partners.
6.2. WOSH cannot be held responsible for consequences arising from improper or non-compliant use of these digital tools.
7.1. If any provision (or part thereof) of these terms and conditions is deemed unenforceable or contrary to mandatory legal provisions, this shall not affect the validity and enforceability of the other provisions. In such cases, the parties will negotiate in good faith to replace the unenforceable or contradictory provision with a valid and enforceable one that closely aligns with the original intent and purpose.
8.1. All intellectual property rights related to the software, platforms, logos, trademarks, and any other content or tools provided by WOSH (hereinafter referred to as "Intellectual Property") remain the sole and exclusive property of WOSH or its licensors.
8.2. The client and Partners are granted a limited, non-exclusive, non-transferable, and revocable license to use WOSH's software and platforms solely for the purposes outlined in their contract or these terms and conditions.
8.3. The client and Partners shall not:
- Copy, reproduce, modify, decompile, reverse-engineer, or otherwise attempt to extract the source code of any software or tools provided by WOSH.
- Use WOSH's trademarks, logos, or branding without prior written consent.
- Exploit, distribute, or share WOSH's Intellectual Property in a manner inconsistent with the agreed-upon terms.
8.4. Any unauthorized use of WOSH's Intellectual Property will result in immediate termination of access and may lead to legal action to protect WOSH's rights.
8.5. The client and Partners agree not to remove, alter, or obscure any copyright, trademark, or proprietary notices from any software, tools, or content provided by WOSH.
8.6. All feedback, suggestions, or ideas provided by the client or Partners related to the improvement of WOSH’s services or software will be deemed non-confidential and may be used by WOSH without restriction or obligation.
9.1. WOSH uses cookies that pose minimal risk to users and, according to the Electronic Communications Act of 13 June 2005 (ECA), do not require explicit consent. However, in accordance with Article 129, 1° of the ECA, WOSH informs visitors of its website about its use of cookies.
9.2. Cookies are small text files stored on the visitor's computer that contain information such as language preferences, allowing the visitor to avoid re-entering this information on subsequent visits. Some cookies enhance graphical display, while others ensure the proper functioning of web applications.
9.3. If users do not wish to allow cookies, they can adjust their browser settings to block cookies. However, disabling cookies may affect the functionality of the website, such as the proper display of graphics or access to specific applications.
10.1. The WOSH website may contain hyperlinks to third-party websites and references to external information sources. These links are provided for informational purposes only.
10.2. WOSH does not control the content or policies of these websites and cannot guarantee the quality, completeness, or legality of the information provided. WOSH disclaims all responsibility for inappropriate, illegitimate, or illegal content found on third-party websites and any damage resulting from their use.
10.3. WOSH cannot guarantee that third-party websites comply with Regulation (EU) 2016/679 (GDPR) on data protection. Users are encouraged to review the privacy policies of these websites before sharing personal information.
10.4. Users who wish to create hyperlinks to the WOSH website are required to contact the webmaster for approval. WOSH reserves the right to accept or decline such requests.
11.1. These Terms and Conditions are governed by Belgian law.
11.2. In the event of a dispute arising from or related to the use of WOSH’s services, the parties agree to attempt mediation before pursuing legal action. If mediation fails, the dispute will be submitted to the jurisdiction of the competent courts in Brussels (Belgium).
11.3. WOSH reserves the right to refer the dispute to another competent court if deemed appropriate.
CONTACT & LEGAL INFORMATION
Wosh SRL
hello@wosh.be
02 430 25 96
Chaussée de Boondael 386
1050 Ixelles
TVA: BE 0719.790.082
This Terms and Conditions are effective as of 12/12/2024