GENERAL TERMS AND CONDITIONS

TRUESHINE SARL-S

01.09.2023

 General terms of use

  1. General

The following general terms and conditions (hereafter the “General Terms and Conditions” or “GTC”) apply to and explain the use of this website (hereafter the “Website”) as well as the use of any and all services (hereinafter the “Services” or a “Service”) proposed by TrueShine S.à r.l.-S, a Luxembourgish simplified limited liability company with registered office at 14, rue de Kriibsebaach, L-6185 Gonderange, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Registry under number B 278731, represented by its manager in office (hereafter “TrueShine”, “we”, “us” or “our”).

TrueShine reserves the right to modify the present General Terms and Conditions at any time and at its sole discretion. In case of any modifications to these GTC, the modified General Terms and Conditions will be published on the website of TrueShine. TrueShine will inform its customers timely about any changes to the GTC by e-mail prior to their date of entry into force. The updated General Terms and Conditions will automatically apply to any new Service.

TrueShine will provide access to the Website and Services to Customers on a 24/7 basis, subject to limitations as mentioned in the present GTC.

The GTC are applicable, excluding any other conditions unless otherwise explicitly agreed upon and approved in writing by TrueShine.

By accessing the Website and/or using the Services you signify that you have read, understood and accepted the present GTC and that you are aware of the Privacy Policy, whether or not you are a recurrent customer of our Services.

The “General terms of use” (I.) and the “terms and conditions specifically governing our cleaning services” (II.) both form an integral part of the General Terms and Conditions.

TrueShine strives to be fully transparent and create clear terms and conditions for customers using our services.

  1. Definitions

2.1 “Customer”, “you”, “your” means any person or entity using the Website and/or the Services.

2.2 “Customer”, “you”, “your” means any person or entity using the Website and/or the Services.

2.3 “One-time-customer” means any person or entity using the Services on a one-time basis opposed to Regular Customers.

2.4 “Data” means all data, including personal information transmitted to TrueShine to benefit from the Services.

2.5 “Party/Parties” means the Customer or TrueShine individually or together.

2.6 “Technical Conditions” means the technical conditions and restrictions for using the Website and/or the Services.

2.7 “After-Cleaning Report” refers to a document that outlines the details and results of a cleaning service that has been provided. It includes information such as the date and time of the cleaning, the specific areas or items that were cleaned, any issues or concerns that were noted during the cleaning process. The After-Cleaning Report is completed by TrueShine for One-time-customers after a cleaning and is submitted to them on demand.

  1. Registration

3.1 When subscribing to our Services through the Website, via e-mail or chat you must communicate your personal information to TrueShine (name, e-mail address, etc.) in a correct and truthful manner in order to benefit from the relevant Services. In case of changes, you hereby commit to update your personal information.

3.2 If your Data appears to be incorrect or incomplete, TrueShine reserves the right to suspend the Services.

  1. Maintenance

By using the Website and/or Services, you acknowledge and accept that TrueShine will perform maintenance operations of the Website and that interruption of access to the Website and unavailability of the Services due to such maintenance operations shall not be deemed to be a faulty behaviour of TrueShine according to these GTC.

  1. Warranties

5.1 By using the Website and/or Services, you acknowledge and accept that the Services are provided on an « as is » and « as available » basis for their use, without warranties of any kind, either express or implied.

5.2 By using the Website and/or Services you agree that TrueShine shall not be liable in case of Internet Protocol system interruption due to an act of the Internet service provider or any act outside TrueShine’s control.

5.3 If you breach any of your obligations as described in these GTC, such as using the Services for illegal purposes, TrueShine may suspend the Services, restrict your access to the Website or terminate any contract without prior notice.

  1. Responsibility

6.1 By using the Website and/or Services you guarantee at all times that you will not use the Website and/or the Service in order to :

  • (i) represent or advocate for illegal activities, as well as false or misleading information;
  • (ii) provide an illegal or unauthorized copy of works protected by copyright, patents and trademarks;
  • (iii) stimulate, induce or encourage the transmission of e-mails, chain letters, unsolicited mass mailing, instant messages, unwanted advertising messages or unsolicited mail;
  • (iv) promote or encourage any criminal activity or business, or provide guidance or instruction on how to promote illegal activities, invasion of privacy, dissemination or creation of computer viruses;
  • (v) solicit passwords or personal information from other users for illegal commercial purposes;
  • (vi) distribute, reproduce, publish or modify material protected by copyright, trademark or other proprietary rights of third parties in any way without their prior consent.

6.2 TrueShine is not able to guarantee a continuous and permanent availability of the Website and the Services. TrueShine will do its best efforts to provide the most efficient Services to its Customers, subject to maintenance periods.

6.3 As stated in Article 4, TrueShine reserves the right to interrupt the Website and Services for maintenance operations. These Services’ interruptions may not result in any compensation for the Customer.

6.4 For all Services, you may report problems and/or complaints via e-mail to trueshine.lu@gmail.com, via letter to 14, rue de Kriibsebaach, L-6185 Gonderange or via chat. TrueShine will do its best efforts to resolve these problems as soon as possible, provided that:

  • (i) you have described them precisely in your e-mail or through other means of communication,
  • (ii) you fully cooperate with TrueShine and that,
  • (iii) such failures were not generated by your misuse of the Services.

6.5 TrueShine shall not be liable for unavailability of the Website or Services or a loss of Data caused by your faulty act or omission.

6.6 More generally, TrueShine shall not be responsible in case of interruption or malfunctions of the Website and/or Services due to:

  • (i) Your non-compliance with these GTC or any of TrueShine’s recommendations;
  • (ii) Your inappropriate or illegal use of the Website and/or Services;
  • (iii) Force majeure events;
  • (iv) Events depending on third parties such as telecommunication operators;
  • (v) Your wrongful act or omission.

6.7 TrueShineTrueShine6.7 TrueShine assumes responsibility for its employees and their actions according to the general and special conditions of its signed insurance policy. Any damages will exclusively be paid according to TrueShine’s insurance policy. Any compensation will be based on the data assessed by the insurer.

6.8 In the event of any unresolved incidents, TrueShine will review the matter to ensure a fair resolution.

  1. Violation of GTC

7.1 In case of a breach of your obligations under these GTC, TrueShine is entitled to terminate or suspend any access to the Website and / or the providing of the Services.

7.2 Suspension, termination, or cancellation of Services or access to the Website due to the violation of your obligations in regard to the present GTC shall not entitle you to compensation of any kind.

  1. Intellectual Property

8.1 The Software remains the sole property of TrueShine. Licenses granted to you for certain Services do not constitute a transfer of intellectual property rights on the Software.

8.2 If applicable, TrueShine hereby grants to you, for the duration of a Service, a non-exclusive, non- transferable and personal license relating to the use of the Software.

8.3 If the Software includes third parties software editors’ rights, the terms of these licenses will apply to you. In this regard, TrueShine may not, under any circumstances, grant more rights to you than its editors granted to TrueShine on their respective software.

8.4 As a consequence, TrueShine undertakes to hold you harmless from any third party’s editor claim that the intellectual property rights within the Software are infringing its intellectual property rights.

8.5 The present article is mainly applicable to TrueShine’s website.

  1. Protection of personal information

9.1 TrueShine acknowledges and works to comply with the laws and regulations governing the processing of personal data, in particular with the General Data Protection Regulation (EU) 2016/679 of the 27 April 2016 (GDPR) and any other national law or regulation governing the processing of personal data in connection with the provision of the Website or the Services.

9.2 To know our policy of protection of your personal data and your related rights, please read our Privacy Policy.

  1. Cookies

A cookie is a small data file that the Site can send to the hard disk of a Customer’s computer and then track. Some of the Site’s personalised services use temporary cookies for their proper operation and require the User to accept them. If the User’s browser is configured to refuse cookies, access to these services may be impaired or even impossible. The cookies used on the Site also make it possible to identify the services and sections that the User has visited, and more generally the User’s visiting behaviour. This information is useful to better personalise the services, content, promotional offers and banners that appear on the Site. The User may deactivate cookies or delete them by using the options on their browser. As each browser is different, the User is invited to consult the instructions for their browser in order to configure it as they see fit.

  1. Governing Law and jurisdiction

These General Terms and Conditions are governed by and construed in accordance with Luxembourg law.

In case of dispute and if the Parties are unable to reach an amicable settlement of their dispute, they agree to solely submit any disputes arising from the conclusion, interpretation, construction, performance or termination of these General Terms and Conditions to the courts of Luxembourg-city.

Terms and conditions specifically governing our cleaning services

  1. 100% Satisfaction Guarantee Policy

12.1 In accordance with our 100% Satisfaction Guarantee Policy, if a Customer is not satisfied with the cleaning results, they may be eligible for a full refund, a partial refund, a discount, or a free correction cleaning session if TrueShine acknowledges the complaint deems it as justified. To file a relevant complaint, Customers must submit it in writing via e-mail to trueshine.lu@gmail.com within 24 hours of the cleaning appointment, including photos depicting any neglected areas and an explanation. In case of a free correction cleaning session, it will be scheduled no later than 3 days after the initial cleaning.

We reserve the right to reject complaints that are not submitted within the 24 hour timeframe of the cleaning or are deemed unjustified.

12.2 We reserve the right to reject any quality complaints due to the actions of the Customer such as limiting the cleaning extent or reducing the recommended cleaning duration.

  1. Appointment Booking, Appointment Confirmation and Cancellation

13.1 Customers shall request a cleaning session by means of our online contact form available on our website, via e-mail to trueshine.lu@gmail.com, via text message or chat to the number +352 621 170 552. TrueShine reserves the right to approve or deny any such requests at its sole discretion.

13.2 Customers must provide at least 48 hours’ notice to cancel, reschedule, or modify an appointment without incurring any additional charges. Should an appointment be cancelled, rescheduled, or modified in less than 48 hours prior to the scheduled cleaning service, a cancelation fee equivalent to one (1) hour of the ordered cleaning will be applied.

13.3 If TrueShine approves a booking request made via any of the means of communication listed in article 13.1, the Customer agrees to be bound by the terms and conditions set forth in its present General Terms and Conditions. This acceptance is equivalent to a duly signed contract between the parties. Regardless of the method of booking, the Customer agrees to provide accurate and complete information to facilitate the provision of cleaning services by TrueShine.

  1. Access to your home

14.1 Prior to commencement of the first service, arrangements regarding access to your home shall be discussed. Customers may provide a copy of a key/ more keys to TrueShine, thereby alleviating the need to remember to leave a hide-a-key or to be present at each cleaning visit to let TrueShine into the property. Such an option also avoids lockout charges.

14.2 In the event that TrueShine is unable to enter your property at the agreed start time, the cleaner(s) shall wait at your doorstep for a period of 15 minutes. If there is no answer, despite calling via phone and ringing the doorbell, the cleaner(s) may leave the premises after waiting for the aforementioned time period. In such cases, a fee equivalent to two (2) hours of cleaning will be charged to compensate TrueShine.

  1. Arrival Day

15.1 TrueShine strives to schedule a predetermined date and time for its arrival. However, in the event of staff illness or unforeseeable circumstances, we reserve the right to reschedule the appointment. We shall endeavour to provide Customers with as much advance notice as feasible.

  1. Arrival Time, Cleaning Duration & Pricing structure

16.1 Cleaning services are available for booking 24 hours a day, 7 days a week. As each home or office varies in the time it takes to clean, TrueShine cannot guarantee an exact arrival or departure time, nor can an exact cleaning duration estimate be provided prior to a booked cleaning appointment.

16.2 In the event that a booking cannot be made due to limited availability on a particular day, the Customer will be notified by TrueShine via e-mail to arrange alternative booking dates.

16.3 The minimum cleaning duration is two (2) hours. If the cleaning service is completed in less time, Customers will still be charged for the two (2) hours.

16.4 The Customer is charged per each started two (2) hours of cleaning service. When booking a cleaning service, Customers may request special services, such as steam cleaning, sanitization, doing laundry, ironing, folding clothes and others. For more information, please contact us via our contact form, phone, e-mail or chat.

  1. Breakages

17.1 It is inevitable that breakages or damages may occur during cleaning despite the precautions taken by our cleaning staff. For hazardous situations that may result in damages or breakages we cannot take responsibility. TrueShine is responsible for any breakage or damage resulting from their deliberate actions according to the general and special conditions of its signed insurance policy. We encourage Customers to remove unstable and breakable items from areas that are to be cleaned to avoid such incidents.

17.2 We do not accept responsibility for any breakages or damages that occur unintentionally during the cleaning service. Nevertheless, we are committed to ensure prompt resolution of any issues. Any complaints or remarks regarding breakages or damages must be reported to TrueShine within 24 hours according to article 12.1 above. TrueShine is fully responsible for any damage or breakage according to article 6 above.

17.3 TrueShine is only liable for any loss, damage, or theft of items left unattended by the Customer during the cleaning service according to the general and special conditions of its signed insurance policy. The same applies for any loss or damage that may occur due to the cleaning staff entering the customer’s property. Any compensation will be based on the data assessed by the insurer.

  1. Cleaning equipment

18.1 Customers should provide TrueShine with all necessary cleaning equipment. Basic cleaning equipment is including but not limited to basic cleaning solvents, a vacuum cleaner, a mop, minimum five (5) dishcloths and a ladder.

18.2 If a specific cleaning equipment is necessary, the exact fee will be determined by consulting with TrueShine in advance. The Customer will be notified of such a charge and of the specific fees via e-mail before the service is provided. For further information, kindly reach out to us.

  1. Dedicated cleaners

19.1 It is our usual practice to assign the same cleaner to your property following the first-time cleaning. However, due to unforeseen circumstances, we may be unable to guarantee the same cleaner for each cleaning session. In such cases, if possible, the Customer will be notified in advance of the replacement for an unavailable cleaner.

19.2 Each property has a dedicated cleaner and a dedicated replacement cleaner, meaning that in principle only the same two people will have access to your home. If this solution does not suit you, the cleaning must be cancelled according to the cancellation rules set forth above.

  1. Getting ready for the cleaning

20.1 To optimize the quality of the cleaning and to minimize the overall cleaning duration, the Customer is advised not to “clean” before TrueShine arrives, but to “pick up” as much as possible in the rooms/ areas that require cleaning. TrueShine may decline to clean heavily cluttered areas (shelving, countertops, etc.) to avoid possible breakages, unless otherwise arranged for in advance in writing.

20.2 During the first-time cleaning, the Customer or any person in his/her replacement is encouraged to be present to show the assigned cleaner around the property and provide a comprehensive explanation of their requirements to ensure that the cleaner fully understands their needs.

  1. Health and safety & occupation of the premises

21.1 For reasons of health and safety, cleaners are unable to clean up human, pest (including flea and rodent infestations), or pet waste and bodily fluids. If TrueShine enters a home that requires this type of cleaning, they will skip the cleaning of the affected rooms. We request to be informed beforehand of such incidents to provide you with possible solutions.

21.2 Cleaners are required to wear closed-toed, non-skid shoes while cleaning. Therefore, TrueShine may not be able to provide cleaning services for „shoes off” households.

21.3 It is kindly requested that the property (i.e., apartment, house, office, etc.) be unoccupied during the time of cleaning in order to ensure that the cleaners can be as efficient as possible and provide the best results. However, it is understood that this may not always be feasible, and such cases will need to be discussed between parties before setting up the cleaning service.

  1. Subscription – regular customer – One-time-customer

22.1 TrueShine differentiates between Regular Customers and One-time-customers. By subscribing as a Regular Customer by signing a service providing contract with TrueShine, you may receive special discounted rates for Regular Cleaning services. The regular cleaning package may only be booked by Customers with an active and valid subscription. Regular cleanings can be arranged on any given day of the week (Monday-Friday) with one of the 5 frequency options available: twice a week, every week, every two weeks, every three weeks, or once per month.

22.2 Regular Customers may cancel their subscription by respecting a three (3) months’ notice period. The scheduled cleaning session according to the chosen frequency must be paid in full until the end of the three (3) months’ notice period even if the Customer does not wish to receive the cleaning services during this time. TrueShine must be informed in writing via e-mail. The notice period always starts on the 1st day of the month following the cancellation by the Customer.

22.3 No cancellation is possible by the Customer in the first six (6) months of a subscription. In the event of doing so, the Customer will have to pay the cleaning sessions according to the chosen frequency in full until the end of the first 6 months

22.4 TrueShine may cancel any contract with the Customer following a one (1) month notice period. In serious and justified circumstances, the contract may be terminated by TrueShine with immediate effect. In any of these two cases, no compensation will be due to the client.

  1. Payments, payment terms & interests on arrears

23.1 Any payment by the Customer to TrueShine for its carried out services is due after the completion of every service, unless other arrangements have been agreed upon in writing.

23.2 The final payment is due no later than seven (7) days after receiving an invoice, unless other arrangements have been made in writing. Invoices generated by TrueShine are saved in PDF format and sent to the e-mail address provided by the Customer. The invoices are deemed to have been received by the Customer on the day and time of its sending via e-mail. On request, invoices may be printed and sent via post with an additional charge. Invoices are issued after each cleaning or at the end of each month depending on the status of the Customer (Regular Customer or One-time-customer) unless otherwise agreed in writing between the parties.

23.3 Accepted payment methods by TrueShine are bank transfers to the bank account of TrueShine and payments made via the online platform Payconiq. Cash payments are not accepted.

23.4 Late payment interests incur for each Customer in case the final payment is not received in the timeframe set out in article 23.2. Legal rules in force at the time of the late payment will apply.

23.5 For businesses, according to the Law of 18 April 2004 on payment periods and interests on arrears as amended, the late payment interest rate equals to the legal interest rate applicable to commercial transactions increased by two (2) percentage. The current legal interest rate is 12%. The late payment interests will be claimed after one (1) month by TrueShine without any reminders. According to article 5 of the aforementioned law a lump sum of 200,00.-EUR will be additionally charged as recovery costs.

23.6 For Customers qualified as consumers according to Luxembourg law, the late payment interest rate is fixed by a yearly Grand-Ducal regulation. The applicable legal late payment interest rate at the time of the late payment will be claimed by TrueShine after a period of three (3) months. The current legal interest rate for the year 2023 is 2,25 %.

  1. Opt-out option

24.1 Should a Customer choose to cooperate directly with one or more of TrueShine’s cleaners, they may opt-out of the contract binding them. However, this requires the payment of an opt-out fee to TrueShine for introducing one or more cleaners to a Customer, allowing them to work together outside of TrueShine operating as an employer without violating the present GTC.

24.2 A Customer may only opt-out of the contract binding them to TrueShine with respect to each relationship with the introduced and assigned cleaner(s) by paying an opt-out fee for each such relationship. The Opt-Out Fee for each relationship (per cleaner) is 4.000,00.-EUR (four thousand euros).

24.3 To pay the Opt-Out Fee, a Customer must send an email to trueshine.lu@gmail.com requesting the opt-out option and specifying which cleaner(s) they would like to cooperate directly with. TrueShine will charge the Customer the Opt-Out Fee, and confirm the opt-out within 5 working days after receiving the due fee from the Customer.

  1. Pets

Customers are requested to ensure the safety of cleaners by securing any pet that may pose a threat. Furthermore, our cleaners are not authorized to clean up after sick pets or pet accidents. In the event that a pet may escape during the cleaning, the Customer is liable and is advised to secure their pet. TrueShine is not responsible for any loss or harm to the pets.

  1. E-Mail communication & marketing

26.1 By completing your personal information in the contact form available on TrueShine’s website (trueshine.lu) or contacting us via e-mail, phone, text message or chat in relation to the offered cleaning services, you explicitly consent to receiving electronic communications from us. These communications may include, but are not limited to, updates on new services, company updates, promotions, helpful news or tips on cleaning.

26.2 If you no longer wish to receive these communications or newsletters from us, please send an e- mail to trueshine.lu@gmail.com with a relevant request to unsubscribe. We advise against flagging messages from our mailing lists as spam, as this does not prevent further messages from being sent to you. It is the Customer’s responsibility to inform us of their request to unsubscribe, and we will promptly remove their e-mail address from our mailing list.

  1. Tipping

Gratuity is strictly voluntary. We cannot restrain anyone from demonstrating their gratitude for exceptional cleaning services rendered. Any additional bonus provided to a cleaner to feel valued and committed is always appreciated.

  1. Travel and parking surcharge

28.1 Additional charges may be applicable as compensation for travel time and travel costs based on the distance between the registered office of TrueShine and the Customer’s location. In principle, no additional travel costs will occur for properties within a 25 km radius of TrueShine’s headquarters.

28.2 If applicable, the Customer will receive information about the travel costs via e-mail. If the applied travel costs are deemed unacceptable, the Customer must inform TrueShine about it in writing (via e- mail) no later than two (2) days (48 hours) prior to the scheduled cleaning. If such communication occurs, the booked cleaning service is cancelled and the deposit refunded in full.

28.3 The cleaning service with applied travel costs is considered confirmed if a Customer accepts the travel costs via e-mail or does not respond and pays a deposit for the booked service. In both cases, the cleaning service with applied travel costs is deemed confirmed.

28.4 In addition to travel costs, TrueShine may also request a parking fee as compensation for parking costs if there is no free parking available at the Customer’s location. This fee will be communicated to Customer via e-mail prior to the scheduled cleaning. If the applied parking fee is not acceptable, the Customer must inform TrueShine about it in writing (via e-mail) no later than two (2) days (48 hours) before the scheduled cleaning. In such cases, the booked cleaning service is cancelled and a deposit refunded in full.

28.5 The cleaning service with applied parking fee is confirmed provided that Customer accepts the parking fee via e-mail or does not respond and pays the deposit for the booked service.

The General Terms of Use are applicable from 1st September 2023.

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