GENERAL TERMS AND CONDITIONS OF THE AGREEMENT
1. Applicability
These general terms and conditions apply to all assignments in accordance with the input quote between HappyHus AB (publ), org.nr 559431-7355, (“HappyHus”) and you as a Customer. Customer refers to the private person who has entered into an agreement with HappyHus regarding household services such as cleaning, washing and ironing in the home (the “Service”). HappyHus and the Customer are each referred to as the “Party” and jointly the “Parties”.
2. Background
HappyHus operates in the service sector and offers various Services as described above and as stated on our website www.happyhus.se. The Customer has declared himself to be in need of HappyHus’’s Services and the Parties have accordingly agreed on the performance of these Services in accordance with what is stated in these general terms and conditions and in the quotation (collectively, the “Agreement”). The Agreement is entered into with the Customer’s acceptance of the offer and these general terms and conditions shall be considered an integral part of the Agreement and binding on the Customer with the Customer’s acceptance of the quotation. Any deviating contract terms and conditions against these general terms and conditions must be expressly specified in the quotation signed by the Parties or in special terms and conditions of the Service in order to be valid. Special contract terms may apply to additional services to the Service.
3. Commitment
3.1 HappyHus undertakes to perform agreed Services in a professional and professional manner. In the performance of the Services, HappyHus shall use competent and appropriate personnel.
3.2 The customer shall inform and consult with HappyHus’s staff about all conditions that the staff / HappyHus needs to know in order to be able to perform the assignment professionally and correctly.
3.3 HappyHus assumes that neither the Customer nor the Customer’s affiliates employ, engage or otherwise contract HappyHus’s staff, either directly or indirectly through agents / other companies to perform the Services mentioned in this Agreement in such a way.
3.4 HappyHus has the right to subcontract for the performance of HappyHus’s commitment under this Agreement. HappyHus is responsible for subcontracting’s work as for its own.
4. Terms of the agreement
4.1 The agreement is valid until further notice with a mutual notice period of one (1) month. Termination must be made in writing. During the notice period, the Customer is not entitled to cancellation and rebooking no later than seven (7) days in advance, as stated in 7.1.
4.2 HappyHus shall provide the Service in accordance with what has been jointly agreed with the Customer.
4.3 HappyHus has the right to terminate the Agreement with immediate effect if special reasons exist. However, HappyHus shall immediately inform and consult with the Customer. Special reasons mean, for example, that the work environment is substandard or unhealthy or otherwise such that HappyHus cannot perform the Service in an efficient and good way or that the cooperation between the Customer and HappyHus or its staff does not work satisfactorily. HappyHus may also terminate this Agreement with immediate effect if the Customer is in delay in payment for the Service, is insolvent, is bankrupt or for some other reason cannot fulfil its payment obligations or if the Customer materially violates the Agreement.
5. Payment and payment terms
5.1 The Customer shall pay HappyHus compensation for services performed in accordance with prices / fees applicable at any given time. Current prices/fees at the conclusion of the Agreement are stated in the quotation. Price adjustment is made in accordance with paragraph 6.
5.2 Invoicing takes place according to the specified invoice. The invoice must be paid within 15 days from the invoice date. When paying after the due date, interest on arrears is paid in accordance with interest rates, reference interest with an addition of eight (8) percentage points and a reminder fee. It is the Customer’s responsibility to check that the ceiling for tax reduction has not been exceeded. In the event that the tax reduction has been fully utilised or that the Swedish Tax Agency does not entitle the Customer to a tax reduction, the Customer shall pay HappyHus the unpaid amount as stated on the invoice.
5.3 An agreement with even invoicing means that HappyHus can offer the Customer the same monthly cost. This means that the cost of the total number of home service sessions per year is divided by the months of the year. Agreements with invoicing (straight) per occasion mean that the cost per month depends on the number of home service sessions performed and hours.
6. Price adjustment and amendment of the Agreement
6.1 HappyHus has the right to adjust the price list regarding agreed Services. Such adjustment will be notified to the Customer no later than one (1) month in advance before such prices begin to apply.
6.2 In the event that the Customer is employed by a company with which HappyHus has a special agreement, such agreement’s prices and otherwise agreed conditions apply as long as the Customer is employed by that company. If the employment ends, HappyHus has the right to adjust prices and conditions in accordance with general prices and conditions.
7. Cancellation/rebooking
Cancellation/rebooking in case of even invoicing
7.1 In the event of cancellation and rebooking of the booked Service in the event of an Agreement with even billing, it will be notified to HappyHus no later than seven (7) days in advance. If cancellation/rebooking is made later than seven (7) days in advance, the Customer will be charged and invoiced as usual and the cancelled/rescheduled hours will not be added to the hourly bank. If cancellation / rebooking is made in a timely manner, the hours are saved by the hourly bank and rebooked to a later time in consultation with the Customer. Invoicing takes place as usual. The hours in the hourly bank for the different Services have different values. This means, for example, that one (1) weekly cleaning hour cannot be directly replaced by one (1) window cleaning hour, as detailed on HappyHus’s website. The balance in the hourly bank should not exceed one month’s home service. What is stated about cancellation and rebooking in this clause 7.1 shall not apply during the Customer’s notice period specified in 4.1
7.2 In the event that the Customer wants to cancel / rebook the Service, due to the Customer becoming ill, later than seven (7) days before the performance of the Service, this normally does not constitute an obstacle for HappyHus to perform the assignment anyway. In the event that the Customer or HappyHus still wishes to cancel / rebook the Service, the opportunity is rescheduled for another day, provided that the Customer has notified HappyHus that he is ill and that he wishes to reschedule the time, no later than two (2) hours before the assignment was intended to begin. If such notice is not provided no later than two (2) hours before the assignment was to begin, the Customer will be charged and invoiced as usual and the cancelled / rescheduled hours will not be entered into the hourly bank.
7.3 If the time of performance of the Service falls on a public holiday, HappyHus will rebook the hours for the Customer.
7.4 If the Customer terminates the Agreement and has a negative balance in his hourly bank, i.e. has used more hours than payment intended, HappyHus has the right to charge these hours by additional invoice.
Cancellation/rebooking for (straight) invoicing per occasion
7.5 In the event of cancellation and rebooking of the booked Service in the case of a straight invoicing agreement, it will be notified to HappyHus no later than seven (7) days in advance. In such cases, the Customer will not be charged. If cancellation is made later, full charge will be made.
7.6 In the event that the Customer wants to cancel / rebook the Service, due to the Customer becoming ill, later than seven (7) days before the performance of the Service, this normally does not constitute an obstacle for HappyHus to perform the assignment anyway. In the event that the Customer or HappyHus still wishes to cancel / rebook the Service, the opportunity is rescheduled for another day, provided that the Customer has notified HappyHus that he/she is ill and that he wishes to reschedule the time, no later than two (2) hours before the assignment was intended to begin. If such notice is not provided no later than two (2) hours before the assignment was to begin, the Customer will be charged as usual and the cancelled / rescheduled hours will not be entered into the hourly bank.
7.7 If the time of performance of the Service falls on a public holiday, HappyHus will rebook the hours for the Customer.
8. Equipment
8.1 HappyHus shall provide fully functional equipment such as irons and vacuum cleaners with accessories, in accordance with the specification provided by HappyHus for the performance of ordered Services.
9. Limitation of Liability
9.1 HappyHus has liability insurance that applies to personal injury and damage to property. HappyHus’s liability to the Customer is limited to the maximum amount that applies according to HappyHus’s insurance. If HappyHus or its staff negligently (negligence) has caused property or personal injury, HappyHus will indemnify such damage or loss or remedy the damage.
9.2 The Customer is not entitled to value-adding measures. Claims valuation and compensation are made in accordance with the terms of HappyHus’s liability insurance in force at any given time.
9.3 HappyHus shall not be liable for damage in the event of delay in the performance of Services if HappyHus can show that the delay is due to circumstances beyond HappyHus’s control (such as fire, spread of disease, labour conflict, blockade, or changed government regulation) and which HappyHus could not reasonably foresee when the Agreement was entered into or when the Services were performed and the consequences of which HappyHus could not reasonably have avoided or overcome.
10. Right of withdrawal, complaint & claim
10.1 When entering into a contract for the purchase of Services, fourteen (14) days of withdrawal applies in accordance with applicable consumer protection legislation. The withdrawal period begins to run on the day on which the Agreement is concluded. This means that the Customer as a starting point has the right to cancel his purchase without giving any reasons by notifying HappyHus in writing within fourteen (14) days from the time the Agreement was entered into. However, the Customer has no right of withdrawal to the extent that the service has been completed during the withdrawal period. In the event that the Customer has been invoiced for the Service before the execution, and the Customer still has the right to cancel the purchase, HappyHus will refund the amount within fourteen (14) days.
10.2 The customer can exercise his right of withdrawal by using the standard form available on the Swedish Consumer Agency’s website (link to the so-called withdrawal form: https://publikationer.konsumentverket.se/kontrakt-och-mallar/angerblankett or by using the withdrawal form available upon request from HappyHus management. .
10.3 For complaint notification regarding errors or lack of performed Service, we ask you to do such to HappyHus no later than within 48 hours of the Service performed so that we can evaluate and remedy the possible deficiency. However, the complaint notification must last be made within a reasonable time from the time the Customer noticed or should have noticed the error.
10.4 If the Customer does not complain within the time that follows from the paragraph above, the right to invoke the error is lost.
10.5 Damage notification for damage to property that has occurred due to the service performed must be made to HappyHus no later than the nearest working day after the damage has occurred, or most recently within a reasonable time, so that HappyHus can limit the damage and / or remedy the damage and take a position on the issue of liability. Receipt and other relevant documentation must be submitted for the claim the Customer considers himself to have.
10.6 The Customer’s notice of complaint to HappyHus shall state what is wrong with the Service. Contact information for HappyHus can be found on the quote and on www.happyhus.se
11. Security and Privacy
HappyHus shall receive from the Customer two sets of keys and possibly two sets of alarm trays and alarm codes. Keys are numbered and cannot be traced to the Customer. All staff have read and signed non-disclosure agreements and wear company attire.
12. Processing of personal data
For the processing of personal data within the Service, HappyHus applies the applicable privacy policy at any given time, which is made available on HappyHus’s website. The Privacy Policy shall be considered an integral part of the Agreement between the Parties.
13. Applicable law and dispute
13.1 The agreement between the Parties shall in all parts be interpreted and applied in accordance with Swedish law.
13.2 If the dispute cannot be resolved in agreement with HappyHus’s customer service, the Customer may primarily turn to the General Complaints Board (www.arn.se), Box 174, 101 23 Stockholm.
13.3 The Customer also has the opportunity to submit complaints directly online via the European Commission’s online platform for mediation in disputes, which the Customer can find via the following link: www.ec.europa.eu/consumers/odr. If the Customer submits a complaint through this platform, your case will automatically be forwarded to the competent, national, responsible dispute resolution body. This dispute resolution body then contacts HappyHus and tries to resolve the dispute without the involvement of a court.
13.4 Disputes arising in connection with the Agreement shall be finally settled in Sundsvall District Court to the extent that they cannot be settled in accordance with the above. In accordance with the Code of Civil Procedure, the Customer also has the right to bring an action in the place where the Customer is domiciled.