AFS Dry Cleaning Limited
TERMS AND CONDITIONS
1.1 We are AFS Dry Cleaning Limited T/A: A Fresh Start, a company registered in Companies House under company number 10926261 and with our registered office at The Howarth Armsby Suite, United Kingdom EN8 9SH. Henceforth referred to as (“we“, “our“, “us” or “AFS“).”
1.2 If you are a consumer then references in these terms and conditions (the “Terms”) to “you” are to the individual using the Services for private and non-commercial purposes. If you are a business, references in these Terms to “you” are to the business that you have the authority to bind in accordance with section 2.
1.4 You should print a copy of these Terms or save them to your computer for future reference.
1.5 We amend these Terms from time to time as set out in section 12. Every time you wish to order Services, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were most recently updated in June 2019.
1.6 In these Terms:
1.6.1 “Cleaning Bags” means the bags provided to you by the delivery driver pursuant to an Order for packaging of your Items. The bags will be marked according to the cleaning process;
1.6.2 “Collection Window” means the time period specified on the website for collection of your Items;
1.6.3 “Customer Account” means a customer account which has been opened by you in respect of the Services and is identified by way of an allocated account number generated by us;
1.6.4 “Return Window” means the time period specified on the website for return of your Items once washed and folded/dry-cleaned (as applicable);
1.6.5 “Items” means the items that you send to us to process individually in a ‘Per item’ bag pursuant to the Services.
1.6.6 “VAT” means Value Added Tax;
1.6.7 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
1.6.8 a reference to a party includes its successors or permitted assigns;
1.6.9 a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
1.6.10 any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
1.6.11 a reference to writing or written includes e-mails
2. The order process. The Services shall be performed in accordance with the process set out in this section
2.1.1 if you are using the website for the first time, you shall place an order for the Services in accordance with the process outlined on the website (an “Enquiry“);
2.1.2 in placing your first Enquiry, you will be required to open a Customer Account through which all of your Enquiries will be processed;
2.1.3 if you use our services for the first time, we will create a Customer Account for you after you provided us with the payment information during the ordering process.
2.1.4 you shall place your Items into the Cleaning Bag(s) provided to you with a copy of your Order printed from your computer so that the items can be identified as containing your Items and relating to your Order.
2.1.5 we do not guarantee the use of specific detergents, softeners or other commonly used cleaning products;
2.1.6 we try to accommodate special requests as much as possible, however we are under no obligation to inform the customer prior to processing of the items if these requests cannot be followed;
2.1.7 we do not guarantee the full and successful removal of stains;
2.1.8 we will dry-clean/wash and pack your Items pursuant to the specification of your Order; and
2.1.9 we will return your Items to you during the Return Window.
2.1.10 We reserve the right to refuse to process any items that we believe may be damaged if processed.
3. The items
3.1 You shall ensure that, throughout the term of this Agreement, the Items are and shall remain your property, or that you have the permission and authority of the person who owns the Items to use the Services in relation to the Items.
3.2 You shall be responsible to us for any losses we suffer relating to any actions, proceedings, costs, claims and demands arising out of any breach, non-observance or non-performance of this section.
3.3 We reserve the right not to process any items that are not in our price list – any items submitted to us that are not in the price list will be returned to the customer unprocessed.
3.4 The Items must not include any of the following:
3.4.1 any item with a value of over £300 (unless you are willing to accept all liability for such item to the extent that its value exceeds £300);
4. Restrictions on your use of the service
4.1 You must not;
4.1.2 use the Services except as expressly permitted by this Agreement;
4.1.3 use or interact with the Services in any unlawful or fraudulent way or for any unlawful or fraudulent purpose;
4.1.4 disrupt, damage or interfere with the Service in any way; or
5. Payment and charges
5.1 The charges for the Services are set out on the Order confirmation and will be deducted from the credit card account attributed to your Customer Account at the time you place the Order
5.2 All charges are inclusive of VAT. If the rate of VAT changes, we may adjust the VAT you pay on the charges, such adjustment becoming effective as from the effective date of the change in the rate of VAT.
5.3 Form of rebate (i.e. voucher promotion, refund, etc.) can only be applied up to the final amount of the order.
5.4 You shall pay all amounts due under the Order in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
6. Limitation of liability
6.1 You acknowledge that we are not aware of the value of the Items you send to us for cleaning.
6.2 You must inspect the Items following the return of the Items from our cleaning facility and, if you believe that the Items are lost or damaged in any way, you must promptly inform us about such loss or damage within 24 hours of receiving the items, and we reserve the right to inspect and take pictures of any alleged damage to any Items.
6.3 We shall not be liable to you for any loss, mis-delivery of and/or damage to any Items as a result of:
a. any seizure or forfeiture under legal process;
b. any normal wear and tear;
c. any colour loss, bleeding or shrinkage of garments, in particular for items included in the wash and fold service
d. any act, omission, misstatement or misrepresentation by you or your servants or agents;
e. any inherent vulnerability to wastage, defect or inherent defect, natural deterioration or fragility of the Items (even if marked “Fragile”);
f. insufficient or improper packing;
g. insufficient labelling; or
l. incorrect labelling on the manufacturer’s behalf, or incorrect instructions from the customer.
7 If you are a consumer:
7.1.1 we only supply the Services to you for your domestic and private use and you agree not to use the Services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
7.1.2 if we fail to comply with the Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the agreement; and
7.1.3 All refund claims, whether successful or not, require the completion of a refund form provided by us. AFS will only consider refund requests once the forms have been filled in and returned via email or post. The sending of refund forms does not constitute any approval of a refund request.
7.1.4 our total liability in respect of the Items, 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, cleaning or return, shall not in any event exceed the lower of:
(i) the cost price of the lost or damaged Items;
(ii) the current replacement cost of the Items; or
(iii) six times the listed price for the damaged item in the price list for dry cleaning and three times the listed price for the processing of a wash & fold bag.
8. How we use your personal information
9. Our right to vary these terms
9.1 We may revise these Terms from time to time.
9.2 Every time you place an Enquiry, the Terms in force at that time will apply to any corresponding Order.
10. Right to cancel
10.1 If you are a consumer:
10.2 you have the legal right to cancel this Agreement, and may request a refund only if you have already made a payment to us, and only before the order has been processed
10.3 if you wish to cancel in accordance with section 13.1.1 you must inform us of your intention to cancel using the contact details set out at section 13.3
10.4 if your Return Window is on a date which is before the cancellation period set out at section 13.1.1 expires, then the Services will have commenced on that date and you shall then no longer have the right of cancellation.
10.5 Whilst we believe that you will be very happy with the Services, if you are not satisfied with the Services please contact us immediately in order that we may address your concerns. In particular, please contact us to resolve any issues before executing a chargeback through your bank.
11.1 You shall:
11.1.2 ensure that the information you include in your Enquiry is complete and accurate; and
11.1.3 ensure that you only purchase Services if you are at least 18 years old.
12.1 You may terminate this Agreement at any time by requesting the return of your Items and paying any outstanding charges due to us.
12.2 We may terminate this Agreement with immediate effect by notice in writing to you if:
12.2.1 you fail to pay any amount due under this Agreement, including any interest accrued, by the date due; or
12.2.2 you are in breach of any term of this Agreement.
12.3 We may terminate this Agreement for any reason by giving you not less than 30 days’ written notice.
13. Consequences of termination
13.1 Upon termination of this Agreement for any reason:
13.1.1 you must contact us promptly to arrange for return of the Items. If within 30 days following termination of this Agreement for any reason you fail to arrange for return of the Items, then we may dispose of the Items in accordance with the provisions of section 9.3;
13.1.2 you shall immediately pay to us all of our outstanding unpaid invoices and interest;
13.1.3 the accrued rights, remedies, obligations and liabilities of each party as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
13.1.4 sections which expressly or by implication have effect after termination shall continue in full force and effect.
Each party shall keep in strict confidence all information which is of a confidential nature and which has been disclosed by one party to the other party. This section 14 shall survive termination of this Agreement.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, the Services that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
15.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, 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, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.
15.3 If an Event Outside Our Control takes place that affects the performance of the Services:
15.3.1 we will contact you as soon as reasonably possible to notify you;
15.3.2 we shall not be liable to you as a result of any delay or failure to perform the Services as a result of an Event Outside Our Control; and
15.3.3 we shall use reasonable endeavours to minimise any disruption to the Services.
16.1 Notices to you
16.1.1 Any notice given by us to you under this Agreement must be in writing and may be served by e-mail, by personal delivery to the person notified or its address, or by prepaid post.
16.1.2 Your address for service of notices shall be your e-mail and/or postal address specified in your Customer Account or any other address in England, Scotland or Wales which you have previously notified to us in writing.
16.2 Notices to us
16.2.1 Unless you are a consumer making a complaint or wishing to cancel your Order (for which see section 13.1.2), any notice given by you to us must be in writing and maybe served by personal delivery, by pre-paid post or by e-mail at email@example.com.
16.2.2 Our address for service of notices shall be our address set out in these Terms.
16.3 A notice will be served at the time of personal delivery or 48 hours after it has been placed in the post, or at the time the e-mail was sent by the sender, provided that the sender of the email does not receive an e-mail message stating that the email message has not been received by the intended recipient.
16.4 You will inform us in writing of any changes to your billing details, contact details, alternative contact details, authorised persons, insurance details or access details stated in your Customer Account.
17. Other important terms
17.1 All intellectual property rights in or arising out of or in connection with the Services shall, as between you and us, be owned by us.
17.2 These Terms are only available in the English language.
17.3 If any of these Terms conflict with any terms of an Order, the Order will take priority.
17.4 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.5 Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
17.6 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.7 If you are a consumer, you have legal rights in relation to Services not carried out with reasonable care and skill. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.
17.8 If you are a consumer, please note that the Agreement is governed by English law. This means an Agreement for the purchase of Services and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in connection with any such dispute or claim.
18. Recleans and quality
18.1 If you are not satisfied with the quality of cleaning or ironing, you must promptly inform us within 24 hours of receiving the items. We will then re-clean your items free of charge. The re-clean offer will be valid for 7 days.
18.2 The re-cleaning offer only applies to items which have been cleaned by AFS.
18.3 Please note it is not always possible to remove stains. If we cannot remove a stain customers will be informed according to the ticket which is attached to their items. In this instance, we are not able to offer a complimentary re-clean.
18.4 Recleans can only be offered to customers if the customer has a valid card on file.