Terms of Service
“Customer” means you and any other persons who use services under your Login.
“Drycleaning Order” means any garments provided by the Customer to Hernebay Drycleaners for the purposes of having Services performed.
“GST” means goods and services tax.
“Login” means a Customer’s Username and password to access to Hernebay Drycleaners Online under that Customer’s registration.
“Hernebay” means Hernebay Drycleaners Ltd who is the provider of services offered for sale on Hernebay Drycleaners Online.
“Hernebay Drycleaners Online” means this internet site owned by Hernebay and the means by which Services are offered for sale by Hernebay to the Customer.
“Services” means all services and goods offered for sale in Hernebay Drycleaners Online including drycleaning services, laundry services, pressing and ironing services, services and a pick-up and delivery service.
1.2. Sale of all Services subject to Terms and Conditions:
All Services sold by Hernebay are sold subject to the following terms and conditions. The terms and conditions apply to every contract of sale unless expressly varied by Hernebay.
1.3. Terms and conditions to prevail:
These terms and conditions shall prevail over any other document purporting to have a contractual effect.
1.4. Hernebay’s discretion to accept registration:
Hernebay has the absolute discretion to refuse the registration of a potential customer on Hernebay Drycleaners Online for any reason whatsoever.
1.5. Termination of Registration:
Hernebay has the absolute discretion to terminate the registration of any of its Customers from Hernebay Drycleaners Online for any reason whatsoever.
1.6. Customer liable for every order:
The Customer will be liable for every order made under its Login and agrees to indemnify Hernebay for all claims, damages and loss whatsoever incurred or made by Hernebay or any third party arising from the actions of a person placing orders for the Services using the Customer’s Login.
1.7. Security of information:
Hernebay shall use its best endeavours to prevent any unauthorised entry into Hernebay Drycleaners Online. However Hernebay shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.
2.1. No registration costs:
The Customer shall not be liable for any registration costs to register with Hernebay Drycleaners Online
The prices of all Services are displayed in New Zealand currency.
2.3. Prices inclusive of GST:
All quoted prices are inclusive of Goods and Services Tax and are subject to change without notice.
2.4. ISP Charge:
The Customer shall be individually responsible for its ISP charge and any other costs of internet usage incurred by the Customer.
2.5. Variation of order and price:
If the Customer requests a variation to the order which Hernebayaccepts then the price payable for the order will be adjusted accordingly to reflect the variation. Once a Delivery Order has been notified to Hernebay, the Customer will become liable for the full cost of the Delivery Order, and Hernebay may decide at its sole discretion whether to allow any variation of a Delivery Order.
2.6. Hernebay may set credit limits:
Hernebay may from time to time set credit limits and/or conditions for individual Customers.
3. AVAILABILITY OF SERVICE
3.1. Fulfillment of orders:
Every effort will be made to fulfill orders placed with Hernebay, but Hernebay shall not be liable to any person if Hernebay declines to supply a Service for any reason whatsoever.
3.2. Availability of pick-up and delivery service:
Hernebay reserves the right to limit the availability of the pick-up and delivery service to certain areas.
3.3. Disabling account or Hernebay Online:
Hernebay reserves the right to disable a Customer’s account or Hernebay Drycleaners Online for any reason whatsoever, including routine maintenance and upgrading of Hernebay Drycleaners Online.
4.1. Payment by credit card:
The Customer shall make payment of each order by credit card. The Customer’s credit card will be processed and charged on the day the order is received.
4.2. Debt collection:
The customer is liable for all costs (including reasonable legal and agency fees) associated with debt collection where the Customer has defaulted in payment for an order(s). The Customer authorizes Hernebay to pass any unpaid amount under this Agreement to a debt collection agency if such amount remains unpaid for 60 days.
5.1. Delivery areas:
The map displaying areas delivered to is indicative of the areas that Hernebay delivers to, but it is not a guarantee that Hernebay will deliver to any particular area. If a delivery suburb is listed in the registration area, this does not imply that Hernebay will deliver to all addresses within that suburb.
5.2. Right to withhold delivery:
Hernebay withholds the right to provide the pick-up and delivery service to the Customer for any reason whatsoever.
5.3. Change to Payment Policy:
Hernebay may change at any time the way in which the Customer pays for the Service, and any change will be notified to the Customer prior to he/she placing his/her next order.
5.4. Change of Address:
The Customer is to notify Hernebay immediately of a change to its delivery address and in such case the notification shall be treated as a new application for registration.
5.5. Delays to delivery:
Hernebay shall not be liable for failure to deliver any Drycleaning Order on a timely basis whether the delay has been due to causes beyond the control of Hernebay or otherwise.
5.6. Delivery deemed to have taken place:
If the Customer fails or refuses to take delivery of any Drycleaning Order, the goods shall be left at the delivery address and be deemed delivered at that point in time.
Risk in all Drycleaning Orders shall pass to the Customer upon delivery to the Customer’s delivery address.
6.2. Login and email:
The customer is obligated to keep their login and password details safe and confidential at all times.
7. RECEIPT OF GOODS
The Customer must confirm the number of items in each Drycleaning Order placed under Hernebay Drycleaners Online. Upon receipt of a Drycleaning Order by Hernebay, the order will be checked to see if the number of items physically received corresponds with the number given when the order was placed under Hernebay Drycleaners Online. Where there is a variance Hernebay will attempt to advise the Customer of this. In any event the number of items confirmed during Hernebay’s physical check will be final, and Hernebay will accept no liability for any claims from the Customer that any items within a Drycleaning Order have been lost in transit.
8. CARE FOR GARMENTS
To protect your garments, we follow the Care Label instructions on each item we process. If you request garment treatment which is contradictory to that indicated on the Care Label instructions, we will make an attempt to contact you and advise you of the potential risks associated with proceeding with the treatment. If we are unable to gain your informed approval to proceed, we shall refrain from cleaning the garment in question. If you authorise us to proceed, you must assume responsibility for any damage to the garments.
We accept no liability for garments that have missing or removed Care Labels.
We check garments for any damage that could be exacerbated by the laundering/dry-cleaning process. If we have any concerns regarding a garment, we will make an attempt to contact you and obtain your approval to tailor the garment ahead of cleaning it. If we are unable to gain your approval, we shall refrain from cleaning the garment in question. Likewise, if we have any concern about the colourfastness, age, or condition of the garment, we will contact you in a similar fashion to obtain your approval, or return the garment to you untreated.
8.2 SAFE CLEANING GUARANTEE
We offer a safe cleaning guarantee. This means we will process every garment we accept safely. This does not mean we will remove every stain from every garment. If it is our professional opinion that stain removal will be unsafe, or will compromise our safe cleaning guarantee, stain removal efforts will cease.
Except in respect of any warranties and other terms implied by law that cannot be lawfully excluded (including as provided in the Consumer Guarantees Act 1993), all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded. No agent or representative of Hernebay is authorised to make any warranties, representations or unauthorised warranties, representations or statements. The Customer expressly acknowledges and agrees that Hernebay assumes no obligation or liability for any advice given.
No liability for indirect loss: Hernebay shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Hernebay be liable for any damage or loss caused by the Customer’s servants, agents, buyers or other persons whatsoever.
11. INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Hernebay Drycleaners Online shall at all times remain the property of Hernebay. The trade marks Hernebay and the Hernebay logo are owned by Hernebay. The Customer is strictly prohibited from copying or using any material contained on the Hernebay Drycleaners Online site without Hernebay prior written consent, and is not granted any license of any nature to use such material.
12. FORCE MAJEURE
If the performance by Hernebay of its obligations under Hernebay Drycleaners Online is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Hernebay) Hernebay shall be excused from such performance to the extent of such prevention.
13. PRIVACY ACT
Collection of information: The Customer authorises Hernebay to collect, retain and use personal information about the Customer for the purposes of:
1. Assessing the Customer’s credit-worthiness
2. Undertaking any dealings or transactions with the Customer.
3. Enforcement of any legal or other rights Hernebay may have against the Customer in any manner that Hernebay sees fit.
4. Ensuring your security online.
5. Making such disclosures as may in Hernebay opinion be required for any of the above purposes.
6. Sending the Customer any advertising or promotional material.
Information collected by Hernebay: Registration and use of Hernebay Drycleaners Online requires you to provide the following information:
1. Your name and delivery address;
2. The name of your company;
3. Your phone number, mobile phone number and email address;
4. A user name and password; and
5. Your credit card number and expiry date.
Statistical data: Hernebay may collect statistical data in respect of your usage of Hernebay Drycleaners Online. You will be informed when such information will be collected, and you may choose whether to disclose this information to Hernebay or not.
Collection from other sources: The Customer further authorises Hernebay to collect personal information about the Customer from the Customer or any other source available to Hernebay including but not limited to credit referral agencies, the Customer’s bank or banks (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer may have been associated.
Hernebay right to refuse application: The Customer is aware that in the event that sufficient personal information is not supplied, or is not satisfactory to Hernebay then his/her application for registration to Hernebay Drycleaners Online may not be accepted.
Information retained by Hernebay: The Customer is aware that any personal information supplied by the Customer will be retained by Hernebay and will be accessible Hernebay employees and other persons or body corporates engaged by Hernebay for or in relation to any of the purposes listed in clause 13.1 above, or otherwise disclosed in these Terms and Conditions or on Hernebay Drycleaners Online.
Disclosure: The Customer authorizes Hernebay to disclose all or any part of any personal information provided by the Customer to credit referral agencies.
Retention of information: The Customer acknowledges that Hernebay shall retain all personal information supplied by the Customer until such time as the Customer is deregistered from Hernebay Drycleaners Online.
Customer rights: The Customer is aware of his/her rights under the Privacy Act 1993 to have access to personal information held by Hernebay and to request correction to, or deletion of, the information and to be informed of action taken in response to any such request and/or to request that there be attached to the information a statement which the customer can supply to Hernebay relating to the fact that the customer has requested a correction. The customer agrees to pay Hernebay the reasonable charges requested by Hernebay in relation to time and attendances involved in complying with the Customer’s request in this regard.
Session cookies are used as an integral part of the identification process for Hernebay Drycleaners Online. This is for security purposes to determine that you are who you say you are and to provide you with your confidential account information during the time you are using Hernebay Drycleaners Online. No personal information is kept in the cookie and the cookie is not written to your hard drive. When you log out of Hernebay Drycleaners Online the cookie is no longer valid and is discarded when you close your browser.
Hernebay Drycleaners Online contains links to sites run by third parties. Hernebay takes no responsibility for any content at such other sites, or any contracts you may enter into with any third party as a result of following such links. Hernebay in no way makes any representations or warranties in respect of such sites or such third parties.
16. VARIATION OF TERMS AND CONDITIONS
Hernebay may at any time vary these Terms and Conditions by posting new terms on this page.
Entire Agreement: These Terms and Conditions and any other policies, rules or guidelines posted by Hernebay on Hernebay Drycleaners Online constitute the sole agreement between you and Hernebay relating to your use of this site and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms and Conditions shall bind either the Customer or Hernebay.
Severability: Any of these Terms and Conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining Terms and Conditions or affecting the validity or enforceability of these Terms and Conditions in any other jurisdiction.
Your satisfaction is important to us, We will make every effort to produce and present the best quality of cleaning and presentation possible.. If any garment you receive from us is unacceptable due to a potential issue in the transition in the courier, please let us know as soon as possible. On return of the garments / PPP box we will do our best to rectify the issue and return to you at no cost.
Cancellation of order
On-line or fax/phone cancellation of orders can be made at any time up until the goods have been processes. Once the goods are processed then the transaction can not be cancelled and they become your responsibility.
If you change your mind and the garments have not been processed we will return the garment to you at no charge to you. We will arrange a reversal of any charges.
For customer service please contact us at email@example.com our phone numbers, +64 9 377 0222 our postal address P.O Box 226, Auckland, New Zealand.