Terms and Conditions for USERS of the Deliwash App

Art.1 Subject Matter

Art 2. Information Obligations, Services Provided, and Liability

Art 3. Applicable regulations

Art 4. Information Obligations of the Service Provider and Intermediary

Art 5. Contract Terms and Privacy Policy

Art 6. Provisions of services

Art 7. Payment methods

Art 8. Order Processing and Refusal of execution by the Business Operators

Art 9. Order confirmation

Art 10. Right of Withdrawal

Art 11. Complaints and Dispute Resolution

Art 12. Delivery of the Order

Art 13. Advertising and Newsletters

Art 14. Cookie Policy

Art 15. Penalties and Liability

Art 16. Confidentiality Obligation of the parties

Art 17. Jurisdiction

1. Subject Matter

DELIWASH S.r.l.s. provides users with a system for submitting their orders ("Orders") for laundry services ("Services") to the laundry businesses ("Commercial Operators") listed on the Website or App.

The contract for the provision of services is concluded exclusively between the user and the Commercial Operator to whom the user transmits the order. DELIWASH S.r.l.s. acts on behalf of, and as an agent for, the Commercial Operators in all cases, whether the contracts fall under B2B (business-to-business) or B2C (business-to-consumer) relationships.
Under no circumstances shall DELIWASH S.r.l.s. be obligated to facilitate or promote the conclusion of contracts between the Commercial Operators and the users.

2. Information Obligations, Services Provided, and Liability

DELIWASH S.r.l.s. shall bear exclusive responsibility, without any joint or mutual liability, for:

  1. Complying with the informational obligations mandated by applicable law;
  2. Processing the Order and transmitting it to the selected Commercial Operator.

The Commercial Operator shall bear exclusive responsibility, without any joint liability, for:

  1. Complying with the informational obligations mandated by applicable law;
  2. Confirming the Order;
  3. Performing the requested laundry services diligently and within the timeframe specified
    during the order and confirmation phases.

In the event that, in the Order phase, the user activates the service of "Home Pickup and Delivery", for If the user opts for the "Pick-Up and Delivery" service during the Order phase, DELIWASH S.r.l.s., shall bear exclusive responsibility for performing this service, without joint liability, and must carry it out diligently and within the specified timeframe, unless the selected Commercial Operator directly manages the pick-up and delivery services.

3. Applicable Regulations

For matters not expressly provided for in this contract and the respective "terms and conditions of the conditions," the parties refer to the provisions of the Civil Code, the Consumer Code, and any other applicable laws, including but not limited to:

  • Legislative Decree No. 114/98 (reforming trade regulations under Article 4, paragraph 4 of Law No. 59 of March 15, 1997);
  • Legislative Decree No. 185/99 (implementing Directive 97/7/EC on consumer protection in distance contracts);
  • Legislative Decree No. 70/2003 (implementing Directive 2000/31/EC on certain legal aspects of information society services in the internal market, particularly electronic commerce);
  • Council Directive 2002/38/EC and subsequent directives and regulations (Value Added Tax regime applicable to broadcasting, television, and certain services supplied by electronic means).

4. Information Obligations of the Service Provider and Intermediary

The parties (Deliwash S.r.l.s and the laundries businesses) undertake to make the following information easily accessible to the recipients of the service, in a direct and permanent manner:

  1. name, business name, or corporate name;
  2. domicile or registered office;
  3. contact details, including an email address and phone number (to which complaints should also be addressed) and, for companies, a certified email (P.E.C.) address;
  4. REA number or company registration number;
  5. Value Added Tax number;
  6. the paid-up share capital, if in liquidation or held by a sole shareholder (for limited liability, SRL, or joint-stock companies, SPA).

5. Contract Terms and Privacy Policy

The terms and conditions of the contract offered to the recipient of the services must be made available in a format that allows them to be stored and reproduced.
The privacy policy must be kept constantly updated, presented in a clear, easily accessible, and understandable manner to users. It must include all information required by Articles 13 and 14 of the GDPR.
Prior to the submission of an order by the recipient of the services, the parties (DELIWASH S.r.l.s. and the laundry businesses) are required to provide the following information in a clear, comprehensible, and unequivocal manner:

  1. The technical process to be followed to conclude the contract;
  2. The method by which the concluded contract will be archived and how the recipient can access it;
  3. Any technical tools available to the recipient to identify and correct data entry errors before submitting the order;
  4. Any codes of conduct to which the parties adhere, as well as instructions on how to access these electronically;
  5. The languages available for concluding the contract, in addition to Italian;
  6. Clear information regarding the procedures for resolving disputes.

6. Provision of Services

During the order process, users will be provided with the following information:

  1. Price and rates of the services offered by the laundry, labeled "VAT included."
  2. In the case of discounts: the initial price, the applied discount, and the final discounted price;
  3. The commission percentage applied by DELIWASH S.r.l.s. on the net amount to be paid;
  4. The fees for pick-up and delivery services, and where optional any additional costs;
  5. Payment methods and procedures for the collection of the items and, in the case of home services, the timeframe for pick-up and delivery;
  6. The handling of complaints;
  7. Any information about the right of withdrawal, including conditions, terms, and procedures for exercising that right.

The costs for the pick-up and delivery service may vary depending on factors such as the user's location, the chosen Commercial Operator, and the value of the items in the Order.
However, such costs will always be disclosed to the user before completing and paying the Order.
Once the user has accepted the terms and conditions and consented to the processing of their personal data, they will complete the order and proceed to payment.

7. Payment Methods

Orders may be paid via credit/debit card, other electronic payment methods through the Website or App, or in cash at the time of pick-up or delivery for home services.
When payment is made by credit/debit card or other electronic means, DELIWASH S.r.l.s. is authorized by the laundry to collect payment on its behalf. The payment made to DELIWASH S.r.l.s. fully satisfies the user's payment obligation to the laundry.
For home services managed directly by DELIWASH S.r.l.s. , the applicable fees will be charged directly by DELIWASH S.r.l.s. as the principal and not as a commercial agent of the laundry. If payment authorization is not granted, the Order will not be processed or transmitted to the laundry.

8. Order Processing and Refusal of execution by the Business Operators

Upon receipt of the Order, DELIWASH S.r.l.s. will forward it to the Laundry and notify the user that the Order has been received and is being processed. Upon receiving the Order, the laundry must promptly notify DELIWASH S.r.l.s. of any refusal to execute the Order.
In such cases, DELIWASH S.r.l.s. will notify the user of the refusal, and any payment already made in connection with the same shall be returned to the user.

9. Order Confirmation

Upon receipt of the Order, the laundry shall send DELIWASH S.r.l.s. an order confirmation containing the following details:

  1. The order summary of the purchase services;
  2. The total price;
  3. Pick-up and delivery fees and any additional charges (If applicable);
  4. The payment method used;
  5. The right of withdrawal, if applicable;
  6. The terms and conditions of the contract.

DELIWASH S.r.l.s. will notify the user that the Order has been confirmed.

10. Right of Withdrawal

Even in derogation of the regulations governing B2C contracts, the user may exercise the right of withdrawal up until the laundry has communicated the confirmation of the order, and in any case, the right of withdrawal cannot be exercised later than the activation of the courier for pick-up.
At the Order stage, the user is entitled to receive all information regarding the right of withdrawal, including conditions, terms, and procedures for exercising such a right.
In case of a regular and timely exercised right of withdrawal, the user will not be required to make any payment, and any payments already made will be refunded.

11. Complaints and Dispute Resolution

Users may lodge complaints directly with DELIWASH S.r.l.s. or with the Business Operator providing the service.
Complaints must be submitted via the designated channels indicated on the Website or App, specifying the nature of the complaint and providing all relevant details, including the Order number.
Complaints related to services rendered by the Business Operator will be forwarded to the respective operator for resolution. DELIWASH S.r.l.s. will facilitate communication between the user and the Business Operator to resolve the issue amicably.
In cases where an agreement cannot be reached, disputes will be handled through the mechanisms provided in the terms and conditions of the contract. If applicable, users may also refer to alternative dispute resolution (ADR) mechanisms or mediation services.

12. Delivery of the Order

The estimated times provided at the Order stage for pick-up or delivery are purely indicative.
Neither DELIWASH S.r.l.s. nor the laundry service guarantees that the Orders will be delivered or available for pick-up within the estimated timeframes.
If the home pick-up and delivery service is selected, the user shall indicate the preferred address and time slot.
In the event the user is not present on the selected day and at the chosen time, DELIWASH S.r.l.s. (except in cases where the home service is directly managed by the laundry) undertakes to contact the user using the provided contact information.
Should it not be possible to contact the user, DELIWASH S.r.l.s. reserves the right to leave the items at the indicated address or another nearby location deemed more appropriate. In any case, pick-up and delivery to the upper floors are not provided.

13. Advertising and Newsletters

The parties agree to comply with all legal obligations concerning advertising, newsletters, and other commercial communications, which require the recipient's prior consent and must, from the first communication, include the following clear and unambiguous information:

  1. an indication that the message is an advertisement, newsletter, or other commercial communication;
  2. the identity of the sender of the commercial communication;
  3. a description of any promotional offers, including discounts, prizes, or gifts, and the applicable terms and conditions;
  4. if applicable, a description of promotional contests or games and the relevant participation conditions;
  5. a link for opting out or requesting to no longer receive commercial communications.

14. Cookie Policy

The cookie policy must inform users about the cookies used by the e-commerce website, in accordance with Directive 2002/58/EC.
For profiling cookies, users must provide informed consent through a cookie banner, which must specify that the website uses profiling cookies, including third-party cookies, ifapplicable.

15. Penalties and Liability

In case of violation of the legal obligations imposed on the parties, the responsible party shall bear the sole liability for any sanctions imposed, without joint liability.

16. Confidentiality Obligations of the Parties

The parties mutually agree to maintain the utmost confidentiality and not to disclose to third parties any personal data of the users acquired during the provision of laundry services, including data collected during the registration, ordering, payment, or service execution phases.

17. Jurisdiction

For any disputes regarding the interpretation, application, or execution of this private agreement, the exclusive jurisdiction is assigned to the Court of Rome.