Terms & Conditions
This document comprises the terms and conditions on which we supply any of the services (“Services”) listed on our Website www.dry greenonly.co.uk (“Our Site”) to you. Please read these terms and conditions carefully before ordering any Services. You should understand that by ordering any of our Services (whether on-line or off-line), you agree to be bound by these terms and conditions. If ordering online, you should print a copy of these terms and conditions for future reference.
If ordering online, please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from Our Site.
1. INFORMATION ABOUT US
1.1 www.drygreenonly.co.uk is a site operated by Dry Green Limited (Company No. 7169865), registered in England & Wales at 23 Charnley Drive, Leeds, LS7 4ST (“We” or “Us” or “Our”).
2. SERVICE AVAILABILITY & YOUR STATUS
2.1 Our Site is only intended for use by people resident in the UK. We reserve the right not accept orders from individuals outside the UK.
2.2 By placing an order through Our Site, you warrant that you are legally capable of entering into binding contracts.
3. DRY GREEN CARD
3.1 You may apply for a Dry Green Card through Our Site. When your application for a Dry Green Card is accepted you will be required to purchase a number of credits for the card. You will not be provided with a Dry Green Card unless you also purchase credits for the card. You may use the credits stored on your Dry Green Card to pay for Our Services. Services purchased through your Dry Green Card are available at a discount to our usual prices for such Services.
Your Dry Green Card will record the number of credits you have purchased, when you use those credits, and the value of our Services against which you redeem those credits. When all the credits on your Dry Green Card have expired, or if the credit on 1 your Dry Green Card is not of sufficient value to be able to pay for Our Services, you should purchase further credit for your Dry Green Card. Alternatively, you can always pay for Our Services direct in cash without redeeming the credits on your Dry Green Card, but in those circumstances you will pay the full price for Our Services, rather than the discounted price that is available to users of Dry Green Card credits.
3.3 The Dry Green Card remains our property at all times. You possess a Dry Green Card with Our consent at all times during our contractual relationship with you, but the Dry Green Card cannot be transferred to or given to any other person. When your application for a Dry Green Card is accepted we will also send to you a Dry Green suit bag, which is yours to keep.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Ordering on Our Site
4.1 After placing an order for the purchase of credits on a Dry Green Card, you will receive an e-mail from us acknowledging that we have received your order. The contract between us (“Contract”) will be formed when we send you the order acknowledgement. Your Dry Green Card will be sent to you, loaded with the credits you have purchased. You can then use the Dry Green Card to pay for Our Services.
4.2 Our prices and these terms and conditions are made available to all customers. By ordering Services from Us (whether using a Dry Green Card to pay for the Services or not), you appoint Us to supply the Services to you in consideration of the price for such Services set out in our price list (to be discounted accordingly if you pay with credits on a Dry Green Card) and subject to these terms and conditions. These terms and conditions will prevail over any inconsistent terms or conditions contained or referred to in any purchase order, acceptance of a quotation, confirmation of order or implied by law, trade custom or course of dealing.
5. OUR SERVICES
5.1 You may purchase Services either by using the credits on your Dry Green Card (to the extent that your card has remaining credits sufficient to meet the value of the Services you order) or by paying by cash/cheque/credit card/debit card.
5.2 If the performance of our obligations under the Contract is prevented or delayed by any act or omission by you or by any failure by you to comply with your obligations in this Contract, We shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention, delay for failure.
5.3 We may provide links on Our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking hat products or Services you purchase from third party sellers through Our Site, or from companies to whose website we have provided a link on Our Site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.
5.4 All Intellectual Property Rights in the content of Our Site and in our trade name and trade indicia belong to us or our licensors. You may not use any of our Intellectual Property Rights without our prior written consent.
6. CONSUMER RIGHTS
6.1 The provisions of this clause 6 only apply where (i) you have ordered Services on Our Site and you have not come face to face with Us before doing so, AND (ii) you are contracting with Us as a consumer (that is, you are a natural person acting for purposes outside your business).
6.2 You may cancel a Contract at any time within seven working days, beginning on the day after the Contract is formed in accordance with clause 4.1 above, but subject always to clause 6.3.
6.3 Where the Services (including without limitation the provision by you to us of any items for us to dry clean) will be provided before the end of the cancellation period referred to in clause 6.2 above, the cancellation period will end prior to the commencement of the Services.
6.4 To cancel a Contract, you must inform us in writing. You will receive a full refund of the price paid for the Services. We will process the refund due to you within 30 days of the day you give notice of your cancellation. We will usually refund any money received from you using the same method used by you to pay for your purchase.
6.5 This provision does not affect your statutory rights. For the avoidance of doubt, this clause 6 does not apply where you contract with us otherwise than as a consumer.
7.1 We will notify you (either verbally or in writing) of the date upon which your items will be ready for collection. However, time will not be of the essence of the Contract.
7.2 If you fail to pick up your items within 48 hours of the pick up time advised by us to you, we reserve the right to dispose of your dry cleaning without any liability to you.
8. PRICE AND PAYMENT
8.1 The price of the Services (“Contract Price”) will be as quoted on Our Site from time to time or as otherwise notified to you by us prior to you entering into a Contract with Us. Prices on Our Site are liable to change at any time.
8.2 If you pay for Services using your Dry Green Card, the Contract Price for such Services will be offset against the value of credit remaining on your Dry Green Card. The amount of credit on your card will be reduced accordingly. If the value of credit on your Dry Green Card is less than the Contract Price of Services you have used, we reserve the right to invoice you for the shortfall. You will pay any such invoice within 30 days of the invoice date.
8.3 If you pay for Services otherwise than with a Dry Green Card, you will provide us with payment when you pick up your items. We will not return your items to you until payment in full of the Contract Price has been made.
8.4 If you lose your Dry Green Card, We will provide you with a replacement card at a price of £5 per card.
9. OUR LIABILITY
9.1 We warrant to you that we will perform the Services with reasonable care and skill.
9.2 Our liability for losses you suffer as a result of Us breaching any term of the Contract (including without limitation by Us damaging any item you have given to Us to clean) is strictly limited to the Contract Price actually paid by you and any losses which are a foreseeable consequence of Us breaching the Contract (but limited in the case of lost or damaged items to the replacement value on a like-for-like basis of such item).
9.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) For fraud or fraudulent misrepresentation; or
(c) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) Loss of income or revenue
(b) Loss of business
(c) Loss of profits or contracts
(d) Loss of anticipated savings
(e) Loss of data, or
(f) Waste of management or office time
However arising and whether caused by tort (including negligence), breach of contract or otherwise.
9.5 In relation to any item that you give us to clean, it is your responsibility to (i) remove all valuables from pockets, and (ii) to notify us of any special cleaning requirements of the item. We will not be liable for any losses incurred by you as a result of your failure to comply with this clause (subject always to clause 9.3).
10.1 Without prejudice to any other rights or remedies which the parties may have, any party (the “Terminating Party”) may terminate the Contract immediately on giving notice to the other (the “Breaching Party”) if:
(a) The Breaching Party commits a material breach of any of the terms of the Contract and (if such breach is remediable) fails to remedy the breach within 14 days of being notified in writing of the breach;
(b) The Breaching Party suffers any bankruptcy or insolvency event.
11. WRITTEN COMMUNICATIONS
Where you contract with us on Our Site, applicable laws require that some of the information or communications we send to you should be in writing. When using Our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on Our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Mark Lidster at the address shown in clause 1 above. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11. Notice will be deemed received and properly served immediately when posted on Our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, 5 in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The Contract between you and us is binding on you (whether or not it is you who will actually receive the Services) and us and on our respective successors and assigns. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14.EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
14.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15.2 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15.3 These terms and conditions (and the applicable price in our standard price list from time to time) represent the entire agreement between Us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing.
15.4 We each acknowledge that, in entering into a Contract, neither of Us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Us prior to such Contract except as expressly stated in these terms and conditions.
15.5 We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Services from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
15.6 Your personal data (as the same is defined in the Data Protection Act 1998) acquired by us will be processed by us or on our behalf in connection with the Services and may be used by us for marketing other similar services to you.
15.7 The Contract will be governed by English law. Any dispute arising from, or related to, the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.