Terms and Conditions Click Dryclean
1. Contractual relationship
,(also knows as “we”, “us”, “Click Dryclean” “Application”, “the App”), provide you with the access to www.clickdryclean.co.uk and Click Dryclean mobile application (together, “Website”, “Application”, “Application”, “the App”). Your use of the App and the website is subject to these Terms.
1.2 Please read these Terms carefully before placing an Order or using our Services. Note that unless you accept these Terms (by ticking the acceptance box on the Order Checkout page, you will not be able to place an Order. In this agreement the words “including”, “include” mean “including, but not limited to”.
1.3 Click Dryclean reserves the right to amend these Terms from time to time. We will take all reasonable steps to notify you of such changes. Amendments will be effective upon Click Dryclean posting of such updated Terms on the Website. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2.1 App: “Click Dryclean”, “the App”, “Application”, “Website”.
2.2 Event outside our / dry cleaners' provider control: any occurrence or circumstances over which we or dry cleaner have no control as described in paragraph 14 and including (without limitation) the unavailability dry cleaner, key personnel or key materials without which we or dry cleaner are unable to provide the Services;
2.3 Item: any garment or article collected from you in connection with an Order for one or more of the listed services;
2.4 Order: your order for the Services submitted via the App
2.5 Services provided by dry cleaners: dry cleaning, laundry, shoe repair, key cutting, curtain wash services collected from and delivered to your nominated address by third party dry cleaners;
2.6 Service Providers: dry cleaners, “third party service providers” we have an agreement with that provide their services via our platform (“the App”) and appear on general listing of dry cleaners on the Website;
2.7 Customer: “User”, “You”
2.8 We/Our/Us: Click Dryclean, registered as Click Dryclean Ltd, 08907250, address: 1 Prescot street, London, E1 8RJ;
2.9 When we use the words “writing” or “written” in these Terms, this will include e-mail, text messages and any notifications via the App or Website.
3. The services
3.1 The Services constitute a technology platform that enables users of Click Dryclean mobile application to arrange and schedule pick up and delivery of dry cleaning and other related services with choosen dry cleaner..
3.2 Unless otherwise agreed by Click Dryclean in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
3.3 By agreeing with these Terms you acknowledge that Click Dryclean does not provide any of the Services. Our services may be used by you to make an order for the Services provided by third party dry cleaning service providers using our App and you agree that Click Dryclean has no responsibility or liability to you related to any of the services provided by the dry cleaner.
3.4 We do not guarantee the suitability or ability of the dry cleaners. It is solely your responsibility to determine if a dry cleaner will meet your need and expectations.
3.5 Click Dryclean will not participate in disputes between you and dry cleaners, by using the Services, you acknowledge that we shall not have any liability arising from or in any way related to your transactions or relationship with dry cleaners.
4. Placing an Order
4.1 Please ensure that you check the details of your Order before submission, as neither us no dry cleaners will be liable to you for any errors you make. For example, please check carefully that you correctly identify each Item. If you think that you may have made a mistake, please contact our customer service. Should there be any changes, amendments to your order we will send you notification.
4.2 Submission of an order does not create a contract between us. The contract arises when we send you an email confir'ming acceptance of your order by the dry cleaner.
4.3 If for any reason none of the dry cleaners can fulfill your order, you will be notified.
5. Cancelling your Order
5.1 You can cancel a submitted order from My Orders section in the App until the dry cleaner has accepted your order.
5.2 Once the Order has been accepted by your dry cleaner you cannot cancel the order.Therefore, you should check details carefully before placing the order. You may contact our Customer Support team and we will attempt to communicate your request to the dry cleaner. However, there is no guarantee that the dry cleaner will agree to your request as they may have already started processing your order.
5.3 Please be advised that refund transactions may take up to ten working days before they appear on your bank statement as they have to go through your banks clearing processes. Just because you ordered through Click Dryclean does not mean you cannot contact dry cleaner directly with any questions or concerns should you need tom do so.
5.4 You acknowledge that once your item/s have been collected from you, dry cleaner has begun to provide the Services to you and that any rights of cancellation you may have under the Consumer Contracts Regulations or any equivalent law or regulations will be lost.
6. Dry cleaners' right to cancel your Order
6.1 Dry cleaner may cancel your Order in the following circumstances:
6.1.1 as a result of an Event Outside Of Their Control;
6.2 If the dry cleaner cancels your order you will be notified as soon as reasonably possible.
6.3 Dry cleaner will arrange to redeliver the item/s to you as soon as reasonably possible.
7. Payment and Charges for the Services
7.1 In the event of the order containing just standard item/s (plain cotton/polyester items only), the payment will be taken at the moment the dry cleaner accepts your order.
7.2 In the event of order containg non-fixed price item/s i.e. item/s requiring delicate care, the quote for the services for delicate item/s in the checkout will be provisional. After your order is placed and item/s are collected, the dry cleaner will submit the final quote/s to you for the services on delicate item/s which you can accept or reject.
7.3 Once the quote/s for delicate item/s is/are submitted, you will have up to two hours to accepts or reject the final quote/s of the dry cleaner .In case you will not make the payment within two hours from the submission of the quote/s, those will be automatically accepted and the payment taken according to order details and instructions if any.
7.4 If you reject the quote, please note that you will incur the minimum order charge set by each dry cleaner.
7.5 If after the collection of your item/s the dry cleaner will find out the mismatch in the quantity (i.e.5 shirts booked but 6 shirts collected) or level of service (cotton shirt booked but silk shirt collected) comparing to original order, they will submit an additional invoice or refund the difference.
7.6 In case of submission of the additional invoice, you will have up to two hours to reject or accept the additional invoice. If you do not respond, the item/s in question won't be processed and will be returned to you in the same condition with no service performed with the minimum order charge applied set by each dry cleaner.
7.7 We take commission from each order placed and the rest goes to the dry cleaner. If for any reason we are unable to make payment you will become liable to us and dry cleaners for the sum due plus interest at the rate of 3% a year above the base lending rate of Barclays Bank PLC from time to time. Interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount.
8. Damaged / Poor Condition Item/s
8.1 If the item/s that you have submitted is/are damaged or in such a poor condition that the services considered to be impossible to be performed, the dry cleaner will notify you and may submit a picture of the item/s with the description of the damage to you via the app.
8.2 You will have up to two hours to confirm the instruction to proceed to the dry cleaner; by such you will agree that the dry cleaner will take no responsibility for the outcome of the dry cleaning of damaged garment. We will take all reasonable measures to notify you, however, if you do not respond within two hours, no service will be performed and the item/s will be returned to you in the same condition with a minimum order charge applied set by each dry cleaner.
8.3 If you agree to proceed, by agreeing to these terms you acknowledge that neither dry cleaner nor us shall be responsible for any damage of the item/s.
8.4 If dry cleaner declares not able to proceed with the services for damaged item/s,( i.e. item/s impossible to repair and / or wash), the item/s will be returned to you in the same condition with a minimum order charge applied set by each dry cleaner.
9. Collection and Delivery
9.1 Dry cleaners will use reasonable endeavors to collect and deliver item/s at the time specified in the order but are under no obligation to guarantee to do so. Dry cleaners will use reasonable endeavors to communicate any delay to you via the app or by email.
9.2 If you miss collection/delivery of item/s, you will be contacted to arrange collection/delivery at convenience of both parties (dry cleaner and customer).
9.3 Should you miss second attempt of collection/delivery, you will incur a minimum charge set by dry cleaner (typically £5).
9.4 If you have failed to accept or arrange redelivery of an item/s for more than 90 days after the delivery date specified in the order, dry cleaner may exercise the right to dispose the Item/s or donate to a charity of their choice.
9.5 You may arrange to have your item/s collected from or re-delivered to a third party, on condition that you do so at your own risk and the third party is prepared to sign an acknowledgement on your behalf.
9.6 You may, subject to dry cleaners' discretion, request them to leave item/s in an agreed location without providing them with a signature of acknowledgement. If you do so, it is entirely at your own risk and dry cleaners shall not be liable to you for any damage or loss of Items re-delivered on this basis.
10. Service standards
10.1 Dry cleaners will provide the services with reasonable care and skill in accordance with good industry standards. However, Click Dryclean bears no responsibility for the service standards provided by dry cleaners.
10.2 Dry cleaners shall not be liable for any delay or non-performance of the services where you have failed to provide accurate information in your order, for example if an address is incomplete or inaccurate, or if you fail to accept redelivery of Item/s in accordance with an order or in case of the order consisting delicate items which were not chosen at the time of placing the order.
10.3 If dry cleaners consider any item/s submitted to them to be at an increased risk of damage, including, but not limited to, item/s:
10.3.1 with special requirements or instructions for cleaning;
10.3.2 with no label indicating cleaning instructions;
10.3.3 which are damaged or stained; and
10.3.4 bearing an extraneous or hazardous thing, e.g., pins, jewelry, coins, pens, etc.
they can provide the services at your risk in respect of these item/s and will take no responsibility for any damage.
11. Limitation of dry cleaner's liability
11.1 Subject to the following sub-paragraphs, in case of liability, the dry cleaner will be responsible to you only for loss or damage you suffer that is a foreseeable result of their breach of these Terms.
11.2 Dry cleaners will not be responsible to you for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of their breach of the Terms.
11.3 You agree not to use the services for any commercial, business or re-sale purpose, and third party service providers have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.4 Dry cleaners will not be responsible for any loss or damage (including, without limitation) any color loss, shrinkage or other damage, resulting from the following:
11.4.1 failure to notify them of any special requirements or instructions for cleaning the Item;
11.4.2 the fact that the item/s has no label indicating cleaning instructions;
11.4.3 any existing damage to the item/s at the time of collection;
11.4.4 any extraneous or hazardous thing left in or on the item/s, e.g., pins, jewelry, coins, pens, buttons or embellishments, etc.;
11.4.5 dry cleaners’ acceptance of item/s, which they agree to provide the Services for;
11.4.6 their agreement to re-deliver Items;
11.4.7 their disposal of item/s that were not arranged by you for redelivery within 90 days;
11.5 You must inspect the item/s following the return of the item/s by dry cleaner and if you believe that the item/s is/are lost or damaged in any way, you must promptly inform the dry cleaner via the App about such loss or damage within 24 hours of receiving the item/s, and you must send the picture of the damaged item/s to the dry cleaner.
11.6 Each item/s will be washed by the dry cleaner following the instruction on the label. The dry cleaner will take no responsibility should this result in a damage of the item/s due to manufacturer's fault. As such should the label contain for example P letter abbreviation that stands for dry cleaning, and the garment after having being dry cleaned according to label, gets damaged, such instances are regarded as manufacturers fault. In these circumstances, the dry cleaner shall not in any way be responsible for any damage arisen. No refund will be applicable and the item/s will be returned to you.
11.7 Dry cleaner shall not be liable to your for any loss, mistake in delivery/collection, and/or damage to the item/s as a result of:
11.7.1 Any seizure or forfeiture under legal process;
11.7.2 any normal wear and tear;
11.7.3 any color loss, bleeding or shrinkage of garments;
11.7.4 any act, omission, misstatement or misrepresentation by you or your servants or agents;
11.7.5 any inherent vulnerability to wastage, defect or inherent defect, natural deterioration or fragility of the Items (even if marked “Fragile”);
11.7.6 insufficient or improper packing;
11.7.7 insufficient labeling or addressing; or
11.7.8 item/s not being made available for collection or delivery during Collection Window or Return Window (as applicable).
11.8 In the event of the liability of the dry cleaner in respect of the item/s, the services or any breach of this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, including loss or damage during collection, return, services performed, the total compensation shall not in any event exceed up to six times of order price for the item/s in question contained in the order details.
12. Events Outside Our / Dry cleaners' Control
12.1 Neither us nor dry cleaner will be liable or responsible for any failure to perform, or delay in performance of, any of obligations under these Terms that is caused by an Event outside our / dry cleaners' control.
12.2 An Event outside our / dry cleaners' control means any act or event beyond our reasonable control, or the reasonable control of any of our third party service providers including (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or closure or failure of public infrastructure or public or private telecommunications networks.
12.3 If an event outside our / dry cleaners' control takes place that affects the performance of our or dry cleaners' obligations:
12.3.1 We will take all reasonable steps to notify you as soon as reasonably possible; and
12.3.2 Dry cleaners' obligations under these Terms will be suspended and the time for performance of dry cleaners' obligations will be extended for the duration of the event outside our / dry cleaners' control.
Subject to your compliance with these Terms, Click Dryclean grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the services; and (ii) access and use any content, information and related materials that may be made available through the services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Click Dryclean.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Click Dryclean; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
15. Terms of Permitted Use
15.1 You are permitted to use the Website and the App and print and download extracts from the Website and the App for your own personal non-commercial use on the following basis:
15.1.1 You must not misuse the Website or the App (including in particular by hacking or “scraping” code).
15.1.2 Unless otherwise stated, the copyright and other intellectual property rights on the Website, the App and the material published on it (including without limitation photographs and graphical images) are owned by us. These works are protected by copyright laws, trade mark and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Website or the App other than in accordance with this clause is prohibited.
15.1.3 You must not modify the digital or paper copies of any materials that you print off in accordance with this clause and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
15.1.4 You must ensure that our status as the author of the material on the Website and the App is always acknowledged.
15.1.5 You are not allowed to use any of the materials on the App or the Website for commercial purposes without obtaining a written license from us to do so.
15.1.6 Limitation on use: except as stated in clause, no part of the Website or the App may be used, reproduced or stored in any other website or the App included in any public or private electronic retrieval system or service, without our prior written permission.
15.1.7 Reservation of rights: any rights not expressly granted in these Terms are reserved.
16.1 While we try to ensure that information on the Website and in the App is correct, we do not promise it is
accurate or complete. We may make changes to the material on the Website or in the App.
16.2 The Services are provided “as is” and “as available”. Click Dryclean disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including the implied warranties or merchantability, fitness for a particular purpose and non-infringement.
16.3 In addition, Click Dryclean makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any goods or Services obtained through the use of the Services with dry cleaners. We do not guarantee that these Services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the Services obtained in connection therewith, remains solely with you, to the maximum extent permitted by applicable law.
17. Limitation of Our Liability
17.1 Click Dryclean shall not be liable to you for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost item/s, damaged item/s, lost data, personal injury, or property damage. We shall not be liable for any damages, liability or losses incurred by you arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and the dry cleaner . We shall not be liable for any interruptions, errors or technical issues in the Website or in the App.
You agree to indemnify and hold and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) our use of your User Content; or (iv) your violation of the rights of any third party, including third party service providers.
19. How we may use your personal information
19.1 We will use the personal information you provide to us to:
19.1.1 provide the information to the dry cleaners tin order to perform relevant Services
19.1.2 process your payment for such Services; and
19.1.3 inform you about similar products or services that we provide, unless you indicate that you do not wish to receive such communications by clicking the ‘Unsubscribe’ link at the bottom of any Click Dryclean promotional email communication.
19.2 We will not give your personal data to any third party other than dry cleaners.
20. Other important terms
20.1 We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
20.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.4 These Terms are governed by English law and will be subject to the exclusive jurisdiction of the English courts. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts. In case of the dispute such must be resolved with Mediation only.