Terms and Conditions – Delivery Area Germany

1. Scope of application

1.1 These general terms and conditions (GTC) apply to all business relationships between Jonny Fresh GmbH (hereinafter referred to as: Jonny Fresh) and the customer. The version in effect at the time of contract conclusion shall apply.

1.2 Customers can download, print out, or save the GTC.

2. Service Description

2.1 Jonny Fresh offers textile cleaning and laundry services, as well as related services, via its website, app, and phone. Once the contract is concluded, Jonny Fresh collects the textiles and delivers them back to the customer after cleaning. Customers may freely choose collection and delivery addresses within the service area when placing an order. The collection and delivery locations must be within the same regional service area.

Customers can select the collection and delivery dates, ensuring adherence to the processing time displayed in the order form, which is generally at least two working days. The available collection and delivery time slots will be displayed to the customer. If multiple time slots are available on a given day, the customer can choose one during the order process. For phone orders, Jonny Fresh staff will confirm service options with the customer.

2.2 Jonny Fresh is entitled to use third parties to perform any services, particularly collection, cleaning, and delivery, in whole or in part.

2.3 Jonny Fresh’s services are only available within the service area, the current extent of which is described on the website staging-www.jonnyfresh.com/en/ by entering the desired postal code.

3. Using the website staging-www.jonnyfresh.com/en/ or the app

3.1 Customers must first create a user account to place cleaning orders via the app.

3.2 Using staging-www.jonnyfresh.com/en/ for cleaning orders also requires a user account.

3.3 Creating a user account establishes a usage contract between Jonny Fresh and the customer, to which additional terms (Section 4 of these GTC) apply. For registered customers, Jonny Fresh stores collection, delivery, and billing addresses. Please refer to our separate privacy policy for information on data protection.

3.4 There is no entitlement to the use, technical availability, or further development of staging-www.jonnyfresh.com/en/ or the app. Confirmed orders remain unaffected.

4. Special stipulations for registered customers

4.1 The data requested during registration are mandatory for contract performance and must be provided completely and accurately. The use of artist names, pseudonyms, or other fictitious designations is not permitted. Registration with false or unauthorized information is prohibited. Jonny Fresh will confirm the data provided during registration via email to the email address provided by the customer. The registration does not use a double opt-in procedure.

4.2 After successful registration, the customer can use the website or app through the login section by entering the registered email address and password.

4.3 There is no entitlement to conclude a usage contract. Jonny Fresh may reject a registration without stating reasons and will delete any data provided by the customer during registration without delay.

4.4 The password chosen during registration must be kept confidential and not shared with third parties. Customers must promptly update any changes to their account details, especially email addresses, in their account settings.

4.5 Customers are not permitted to maintain more than one account simultaneously. Jonny Fresh reserves the right to delete duplicate registrations and exclude customers from all other services.

4.6 Customers can terminate the usage contract at any time without providing reasons or adhering to any notice periods by deactivating their account. This can be done by sending an email from the registered email account to support@jonnyfresh.com with the subject “Delete Account” or directly through the customer account. Jonny Fresh may also terminate the usage contract at any time without notice. Termination for cause remains unaffected. Upon successful account deletion, any existing credit will be refunded to the customer within 14 days to an account specified by the customer.

5. Order process and payment

5.1 The customer can place dry cleaning orders through the staging-www.jonnyfresh.com/en/ website.

5.2 Pre-existing damage, heavy wear, and natural deterioration may cause damage to clothing during cleaning. Customers must inform Jonny Fresh of any relevant circumstances and specifics during the order process, such as damage, stains, or unique material properties. If the garment’s value exceeds EUR 500.00, this must also be disclosed. These details should be entered in the “Order Notes” field during checkout.

5.3 a) Prices for private customers: All prices displayed on staging-www.jonnyfresh.com as well as in the app for private customers are total prices and include statutory VAT and all other price components. Shipping and delivery fees may apply. The applicable order value for free delivery as well as any minimum order value depends on the respective sales area and will be displayed to the customer during the ordering process.

b) Prices for business customers: For registered business customers, the prices displayed on staging-www.jonnyfresh.com are net prices, each plus statutory VAT, or the prices that have been separately agreed with Jonny Fresh through a written offer. A handling fee of EUR 2.95 is charged for each invoice issued to business customers. Business customers may place orders via staging-www.jonnyfresh.com or the app. If agreed, orders may alternatively be placed by automatic triggering of a recurring pickup appointment (“regular appointment”) without a new order. Orders may also be placed on demand via email or phone. In such cases, the order will be created based on the customer data stored with Jonny Fresh and the agreed conditions. Shipping and delivery fees as well as a minimum order value may apply depending on the respective sales area. The applicable amounts and conditions will be communicated to the customer during the ordering process, when agreeing on a regular appointment, or when placing an order on demand.

5.4 Customers can select “Express Checkout” during the order process, which entails collection and delivery without selecting specific product categories. Pricing is determined after the items are received, based on the product price list available on staging-www.jonnyfresh.com/en/.

5.5 Various payment options such as invoice, monthly billing, SEPA direct debit, PayPal, or credit card may be offered, subject to availability. No entitlement to specific payment methods exists.

5.6 Jonny Fresh stores contract data necessary for performance and fulfillment and makes them available to the customer.

5.7 When paying via credit card, SEPA direct debit, Google Pay, PayPal, or Apple Pay, the customer authorizes Jonny Fresh to charge the amount after delivery, accommodating adjustments for deviations between the ordered and actual basket size.

6. Contract conclusion for textile cleaning

6.1 The products and services in the online store or in the app do not constitute a legally binding offer within the meaning of Section 145 et seq. BGB, but rather a non-binding online catalog. The customer submits a binding offer by clicking on the “Order for a fee” button. Confirmation of receipt of the offer follows immediately after the offer is sent and does not yet constitute acceptance of the contract. Jonny Fresh can tacitly accept the customer’s offer by sending an order confirmation by email or by confirming the pick-up date within 24 hours before the pick-up date.

6.2 Deviating from Section 6.1, contracts with business customers may also be concluded upon the collection of the cleaning items, the transportation container containing the cleaning items, or by any other form of acceptance of the cleaning items by Jonny Fresh. If the quantity and type of cleaning items are not fully declared by the customer at the time of handover, the determination will be made during an inspection before cleaning. In such cases, the cleaning contract is concluded over the textiles determined by the inspection, provided Jonny Fresh accepts the items for cleaning. The acceptance of the cleaning items upon collection does not constitute an inspection. The inspection (counting and checking of items) takes place before cleaning. It is presumed that the customer handed over the items identified during the inspection (specifically regarding quantity and condition) to Jonny Fresh, unless the customer can prove otherwise, such as discrepancies in quantity or condition upon collection.

6.3 If Jonny Fresh does not accept the customer’s offer, the customer will be informed. Any payments already made by the customer will be refunded promptly.

6.4 The contract between Jonny Fresh and the customer is defined by the cleaning items actually handed over at the time of collection (Section 7). If the items handed over differ from the order due to additional or fewer textiles being submitted or incorrect declarations, Jonny Fresh is entitled to adjust the order accordingly based on the price list applicable at the time of the order. Jonny Fresh may also refuse to clean incorrectly or undeclared items. The customer will be informed of changes to the order or the refusal of cleaning via email, unless otherwise agreed.

6.5 The contract includes not only cleaning services but also the collection and delivery of the items. The collection and delivery time slots are displayed to the customer before the order is placed and are accepted by the customer upon ordering.

6.6 The timing of collection and delivery may be delayed by events of force majeure. Force majeure includes events such as strikes, lockouts, official interventions, shortages of energy and raw materials, unavoidable transport bottlenecks, operational disruptions, and machine damage, as well as other obstacles beyond Jonny Fresh’s control. Jonny Fresh will inform the customer about the expected duration of the impediment. If the delay exceeds one week, the customer is entitled to withdraw from the contract. Further claims, particularly those for damages, are excluded.

7. Pickup and acceptance of cleaning

7.1 Jonny Fresh will collect the cleaning items from the customer within the time slot confirmed in the order confirmation. The confirmed time slot serves as an estimate, and minor deviations must be tolerated by the customer.

7.2 If the customer cannot adhere to the agreed collection time, they must inform Jonny Fresh at least 24 hours before the start of the collection window via email to arrange a new time. Alternatively, the customer may reschedule the appointment in their account (app or website) up to 12 hours before collection or delivery. If no rescheduling has been arranged and the customer is not present at the collection time, Jonny Fresh is entitled to charge a compensation fee of EUR 10.00 for the inconvenience and necessary rebooking. The customer may prove that Jonny Fresh incurred no or lower damages.

7.3 Customers with a registered email address will be notified via email if the quantity or categories of items determined upon receipt differ from the order. In principle, all items received during inspection will be cleaned and invoiced.

7.4 Jonny Fresh reserves the right to refuse cleaning certain textiles if the available methods and resources are unsuitable for a careful, professional, and effective cleaning. If acceptance is refused during collection, the refused items remain with the customer. If acceptance is refused later, the refused items will be returned along with the accepted items.

7.5 Jonny Fresh is entitled to charge a minimum quantity surcharge in the amount required to reach the minimum order value. The customer will be informed about the levying of a minimum quantity surcharge in the order overview before the order or via the offer previously submitted by Jonny Fresh.

7.6 The customer must remove all objects from the cleaning items before handing them over to Jonny Fresh. The customer must also check all openings, in particular pockets.

8. Performance of cleaning services

8.1 Jonny Fresh will choose an appropriate cleaning method for each textile, relying on the care labels attached to the items.

8.2 Instructions and directives from the customer related to the cleaning process do not need to be followed if they contradict the care instructions on the textiles or if Jonny Fresh considers deviations necessary for technical reasons. Deviations may be necessary if they ensure gentler cleaning or a better cleaning result. Alternatively, Jonny Fresh may refuse the cleaning.

8.3 If neither care instructions nor customer directives are available, Jonny Fresh will choose a suitable and promising cleaning method or may refuse the cleaning.

9. Delivery and return of the items to be cleaned

9.1 The cleaning items will be delivered to the customer within the time window specified in the order confirmation. If delivery cannot take place on the specified day due to reasons attributable to Jonny Fresh, the customer will be informed, and a replacement date will be agreed upon.

9.2 If the customer cannot adhere to the agreed delivery time, they must inform Jonny Fresh at least 24 hours before the start of the delivery window via email to arrange a new time. Alternatively, the customer may reschedule the appointment in their account (app or website) up to 12 hours before collection or delivery. If no rescheduling has been arranged and the customer is not present at the delivery time, Jonny Fresh is entitled to charge a compensation fee of EUR 10.00 for the inconvenience and necessary rebooking. The customer may prove that Jonny Fresh incurred no or lower damages.

9.3 Upon return, the customer must check the completeness of the cleaning items and confirm receipt. Upon explicit customer request, Jonny Fresh may leave the items at a pre-agreed suitable location. The customer is responsible for protecting the items from weather and third-party access.

9.4 If the customer requests or if it becomes necessary due to a lack of transaction capability to change the payment method, Jonny Fresh is entitled to charge up to EUR 5.00 for the effort. The customer may prove that Jonny Fresh incurred no or lower damages.

9.5 The customer must inspect the cleaning items for damages or other deficiencies, such as improper cleaning, upon return. Visible damages and deficiencies must be reported to Jonny Fresh immediately and no later than three days after return. Claims made after this period will be void. Hidden damages must be reported promptly after discovery.

9.6 Complaints about deficiencies or damages may be reported to Jonny Fresh via email (support@jonnyfresh.com) or the contact form on staging-www.jonnyfresh.com/en/. Jonny Fresh will respond within three working days, if possible, issue a return document if necessary, and arrange a new collection date with the customer.

9.7 Partial deliveries are permitted if reasonable for the customer.

9.8 After two failed delivery attempts due to customer fault, Jonny Fresh will store the items for free for one year for the customer to collect and will demand the invoice amount. Collection options will be provided to the customer upon request via email or phone. After one year, Jonny Fresh may donate or dispose of the items at no cost.

10. Shipping Box (CleanBox Service)

10.1 If the customer selects the CleanBox Service (shipping box option), the following provisions apply instead of the regulations outlined in Sections 7.1, 7.2, and 9.2 regarding collection and delivery.

10.2 Jonny Fresh will provide the customer with one or more high-quality reusable boxes. The customer fills the shipping box with the items to be cleaned and hands it over to the shipping provider with the attached return label at the scheduled pickup time.

10.3 As part of the Cleanbox Service, Jonny Fresh may charge a one-time service fee for the initial provision of the Cleanbox (onboarding) as well as for the return of the Cleanbox upon termination of the business relationship (deboarding). These fees serve to partly cover the logistics costs incurred by third-party providers for the shipment and retrieval of the Cleanbox. The applicable fees are specified in Jonny Fresh’s individual offer.

10.4 Before delivery, Jonny Fresh will pack the cleaned items neatly-and, if agreed upon, folded-into the shipping box. Since shipping occurs via postal service, Jonny Fresh cannot completely prevent the items from wrinkling or creasing during transport. Such transport-related issues do not constitute a defect.

10.5 The shipping box remains the property of Jonny Fresh GmbH. It is a high-quality reusable box valued at EUR 40.00 (netto) per box. The customer is required to handle the box with care and use it exclusively for sending cleaning items to Jonny Fresh. Unless otherwise agreed, the box remains with the customer after delivery for future orders. If the customer does not wish to retain the box or if Jonny Fresh requests its return, the customer must return it to Jonny Fresh. If the customer fails to return the box within three weeks of a return request, they must reimburse Jonny Fresh for the value of the box (EUR 40.00 netto). Ownership of the box then transfers to the customer.

10.6 If the customer paid a deposit for the shipping box, Jonny Fresh will refund the deposit within 10 days of receiving the returned box.

10.7 Shipping is at the customer’s risk and subject to the liability conditions of the respective logistics provider.

11.Textile cleaning warranty

11.1 Warranty claims by the customer require that the customer has properly fulfilled their obligations to provide information, inspection, and notification.

11.2 Warranty is primarily fulfilled through re-cleaning.

11.3 If the warranty issue is due to insufficient cleaning and re-cleaning is not reasonably feasible with available cleaning methods, Jonny Fresh may refund the portion of the order fee corresponding to the defective cleaning items instead of performing a re-cleaning.

11.4 Warranty is excluded if properly conducted cleaning results in defects due to the unusual nature of the items. This includes, but is not limited to, low material durability, fabric defects, insufficient thread strength, lack of color fastness, and inadequate rust protection for metal parts.

11.5 Warranty claims expire within one year of the return of the cleaned items, provided the limitation period is governed by § 634a Abs. 1 Nr. 1 BGB (German Civil Code). The shortened limitation period does not apply in cases of fraud, where Jonny Fresh guaranteed certain properties or characteristics of the service, or for damages related to injury, life, or health, or damages caused by gross negligence or intent. In these cases, statutory limitation periods apply.

12. Liability

12.1 Jonny Fresh is not liable for damages caused by the condition of the cleaning items that could not be identified during proper inspection. This includes, but is not limited to, insufficient color fastness of dyes and prints, inadequate fastening or quality of buttons, clasps, elastic bands, padding, and zippers, shrinkage, prior improper treatment, hidden foreign objects, or other latent defects.

12.2 Jonny Fresh is not liable for the loss or damage of items left in the textiles in violation of the customer’s obligations (Section 7.6). The customer is liable for damages caused by such items to Jonny Fresh property or third parties.

12.3 Jonny Fresh is not liable for minor negligence, except in cases of injury to life, body, or health, breaches of warranties, or claims under the German Product Liability Act. Liability for essential contractual obligations, gross negligence, and intent remains unaffected. The same applies to breaches of duty by vicarious agents.

12.4 For processing damages or loss, liability is generally limited to the replacement value. Replacement value is determined by the cost of purchasing the item at the time of replacement in the market, minus the depreciation due to usage and time.

13. Right of withdrawal

13.1 The customer shall only be entitled to the following right of revocation if they acted in a consumer capacity as per section 13 BGB (German Civil Code) when concluding the cleaning contract.

13.2 You have the right to withdraw from this contract without giving a reason within fourteen days. The term for withdrawal amounts to fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you will have to inform us (Jonny Fresh GmbH, Invalidenstraße 115, 10115 Berlin, Email: support@jonnyfresh.com, Tel.: +49 30 536 034 570) of your decision to withdraw from this contract with a clear declaration (e.g. a letter sent in the mail or an email). You may use the attached sample withdrawal form for this, though doing so is not mandatory. In order to observe the withdrawal period, you must send notification that you will be exercising your right to withdrawal before the withdrawal period runs out.

14. Consequences of withdrawal

14.1 If you withdraw from this contract, we must refund to you all payments that we have received from you, including delivery costs (with the exception of additional costs arising when you choose a type of shipping that differs from the most inexpensive standard shipping that we offer) immediately and no later than within fourteen days of the day that notification of your withdrawal from this contract was received. In order to complete the refund, we will use the same payment method you used for the original transaction, unless we explicitly come to another agreement with you; under no circumstances will you be awarded additional compensation due to this refund.

14.2 If you have required that services start during the withdrawal period, you must pay us an appropriate amount that corresponds to the proportion of services that have already been provided up to the point when you notified us of your withdrawal from the contract out of the total amount to be paid for the services as agreed under the contract.

14.3 Sample withdrawal form (If you would like to withdraw from the contract, please fill in this form and send it to us.)

• Jonny Fresh GmbH, Invalidenstraße 115, 10115 Berlin, E-Mail: support@jonnyfresh.com
• I/we (*) hereby withdraw from the contract I/we (*) have concluded for the
• purchase of the following product(s) (*) / the provision of the following service(s) (*)
• Ordered on (*) / received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only for notification on paper)
• Date

(*) cross out if inapplicable

15. Address and contact information

Jonny Fresh GmbH, Invalidenstraße 115, 10115 Berlin, Telefon: +49 (0)30 536 034 570 E-Mail: support@jonnyfresh.com

16. Final provisions, data privacy

16.1 Jonny Fresh has the right to change these GTC – if they are incorporated into the contractual relationship with the customer – without participation of the other party at any time and without advance notice, as long as this is necessary in order to adapt to changed legal or technical conditions or for other important reasons. Jonny Fresh will inform the customer of this and of the content of the changed regulations via email or through a notification on the website staging-www.jonnyfresh.com/en/. Registered customers are informed via email. The changes will become part of the contract with registered customers if the customer does not dissent from the changes within 6 weeks of receipt of the change notification for inclusion in the contractual relationship with Jonny Fresh. Dissent can be submitted in text or written form.

16.2 Jonny Fresh adheres closely to the applicable stipulations of data privacy law when collecting and handling personal information. Further information on our handling of customer information can be found in our data privacy declaration.

17. Applicable law, place of jurisdiction, safeguarding clause

17.1 German law applies to the legal relationship between Jonny Fresh and the customer, excluding the reference norms of international privacy law and excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is the consumer, the law where the customer lives may apply insofar as mandatory provisions are concerned

17.2 If the customer is a merchant, then the court that is factually and locally responsible for the location of the Jonny Fresh headquarters (Jonny Fresh GmbH, Invalidenstraße 115, 10115 Berlin) will be responsible for all disputes related to the business relationship.

17.3 Should individual stipulations in these general terms and conditions be ineffective in part or in full, if an unexpected hole is discovered, or if they later lose their validity, then this does not affect the effectiveness of the remaining terms and conditions. The respective legal regulations must be used instead of the ineffective or lacking conditions.