GENERAL TERMS AND CONDITIONS OF SERVICE
Article 1 : APPLICATION ET OPPOSABILITÉ DES CONDITIONS GÉNÉRALES
1.1. Ordering services on the www.zaWash.ch website
(hereinafter, zaWash) implies the Customer's full and unreserved acceptance of these General Terms and Conditions.
1.2. No particular condition can prevail against the General Conditions of Services..
1.3. In the event of force majeure, zaWash is released from its obligation to deliver its service to the customer and will reimburse the customer if no other date is suitable.
1.4. The Customer designates any natural or legal person, professional or consumer, who has ordered one or more services described in article 3 below.
Article 2 : OBJET
zaWash is an ecological washing activity without water of motor vehicles in car parks, mainly in Geneva. The purpose of these General Conditions is to set the terms and conditions under which zaWash will perform the services, described in article 3, ordered by the Customer.
Article 3 – DESCRIPTION OF THE SERVICES COVERED BY THE CONTRACT
3.1. The services offered by zaWash:
Washing service: Details of each of these services are displayed on the zaWash website. The list of centers is also available on the same website.
3.2 zaWash does not treat leather or fabric.
Article 4. PRICE
4.1. The services are provided at the price in force at the time of validation of the order. They are expressed in Swiss francs
and are all taxes included.
4.2. The prices of the services, and any promotional offers, are displayed on the zaWash website at the following address: www.zawash.ch
4.3. zaWash reserves the right to modify its prices at any time and to update the display on the website accordingly.
Article 5. ORDERS FOR A SERVICE
5.1. : To place an order, the Customer must correctly complete the form on the website.
5.2 : The price of parking in the car park in which the washing center is located is the responsibility of the Customer.
5.3 : zaWash staff will help the customer place an order on the site, specifying the service requested, its price, the date of pick-up of the vehicle, the registration number, the Customer's contact details, etc....
Article 6. PAYMENT TERMS
6.1. Payment of a benefit per unit
6.1.1. : The price of services ordered individually is payable in cash on the site or to staff by card only before the service.
6.1.2. : Payment is made by card only, either on site or with staff equipped with a payment terminal.
Article 7. PERFORMANCE OF SERVICES
7.1. : After payment, under the conditions of article 5.1.3, the Customer entrusts his vehicle and his keys to the staff of zaWash, for the purpose of carrying out the service.
7.2. : The vehicle will not be moved within the car park and will be cleaned in the space indicated on the order form.
7.3 : It is indicated to the Customer, as an indication, the time at which he must collect his vehicle, evaluated according to the orders received by zaWash. However, zaWash cannot, under any circumstances, be held responsible in the event that the schedule is not respected.
7.4 : The service hours in the car parks and defined places differ; they are displayed directly on the website: www.zawash.ch
7.5. In the event that the Customer has not come to pick up his vehicle before the car park closes, the methods for recovering the keys, which may differ depending on the location, will be displayed in each of them (for example, provision of keys with the car park warden or in a code box, etc.). If no solution can be found, the Customer must collect his vehicle the next day, during the opening hours of the car park; any additional costs, in particular transport, will then be borne by the Customer.
7.6 Toute résiliation faite en "temps inopportun" c'est à dire moins de 24h avant le service, nous empêchant de fait de remplacer le client ou faire une autre tâche permettant de compenser la perte due à l'absence ou annulation du client pourra donner lieu à un dédommagement s'élevant à 50% du montant total de la prestation annulée.
7.7 Toute résiliation faite le jour même du rendez-vous (ainsi que les "no show") seront intégralement dues.
Article 8 : RESPONSIBILITY
8.1 : zaWash undertakes to take out civil liability insurance with a solvent company for the repair of damage for which it is civilly liable as a result of the intervention of its staff.
8.2 : zaWash can in no way be held responsible for damages that may be caused, even partially, by the defect of the Customer's vehicle.
8.3 : zaWash can in no way be held responsible for damage to the Customer's vehicle that would be caused by any third party and by any event presenting the characteristics of force majeure.
8.4: In the event that the Customer's vehicle to be cleaned is equipped with fragile materials requiring special attention, the Customer must inform zaWash; otherwise, he would waive any recourse against zaWash.
8.5: In general, the Customer must make his vehicle available to zaWash in such a condition that zaWash staff can perform the services under normal conditions. Consequently, zaWash will not be liable for the mistaken removal and disappearance of any objects or documents found in the vehicle.
8.6: It is the Customer's responsibility not to leave in the vehicle to be cleaned any valuable cash or bill of exchange, any confidential document or other document of value; otherwise, and in the absence of express information from the Customer on the presence of such elements in the vehicle, zaWash cannot be held liable.
8.7 : In the event of theft or loss of the keys to the Customer's vehicle, zaWash's liability will be strictly limited to the replacement of these items.
Article 9. PERSONAL DATA
The General Data Protection Regulation of April 27, 2016 (hereafter GDPR, which stands for General Data Protection Regulation) is applicable from May 25, 2018. It imposes strict rules and conditions on companies and traders in the context of the processing of the personal data of their customers and prospects, in order to protect their privacy.
Through this, we intend to provide you with clear and precise information concerning the processing of your personal data.
9.2.The data privacy officer
The "data privacy officer" of your personal data is the manager of the site you have used and to which you have communicated data.
9.3. Legal bases for data processing and use
We can only use your personal data for purposes that are both legitimate and necessary (art 6 of the GDPR):
This specifically means that we process your personal data, whether or not in electronic form, for
legitimate purposes in the context of the contractual relationship, business and safety/security.
These purposes include, but are not limited to, the following:
Communication of information, offers and prospects;
Communication in the context of the performance of a contract;
9.4. What is personal data
Personal data includes all information which relates to you and on the basis of which you can be identified. Anonymous data, which does not allow you to be identified, is therefore not considered personal data. Your personal data may therefore include:
Data relating to your identity (surname, first name, address, VAT number, company number, etc.)
Personal status data (telephone number, personal e-mail, ...)
Financial data (bank account number, billing details, ...)
Data relating to the execution of the contract concluded with us (object of the contract, billing address, professional data, etc.)
Data relating to the use of electronic equipment, such as computers (password, log data, electronic identification data, billing details, ...)
The processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, as well as the processing of genetic data, data concerning the sex life or sexual orientation of a natural person are prohibited. We undertake to strictly respect this prohibition.
Article 10. DISPUTES
Any disputes on the nature or quality of the services delivered by zaWash must be the subject of a denunciation by the Customer within twenty-four hours of the event giving rise to the dispute. This denunciation must imperatively be sent to zaWash by registered letter with acknowledgment of receipt to the following address: 4 bis route des Jeunes, 1227 Acacias. After this period, or in the event of non-compliance with the form of the denunciation, any complaint will be considered null and void.
Article 11. TRIBUNAL COMPETENT ET LOI APPLICABLE
These general conditions are subject to Swiss law. All disputes relating to their interpretation or execution will, in the absence of an amicable agreement, be brought before the competent courts of the defendant's domicile.