"Customer" means you and all other persons who purchase the services under your Login.
“Drycleaning Order” means a set of garments provided by the Customer to Preens for the purposes of having Services performed.
"GST" means goods and services tax.
"Intellectual Property" Unless otherwise stated, Preens Drycleaners is the owner or licensee of all copyright, trademarks and other intellectual property rights relating to this site and its contents. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and software that are included in this website. Preens ownership of, or licensed right to use, such intellectual property, is protected by both New Zealand and international law.
"Login" means a Customer’s personal password and access to Preens Drycleaners Online under that Customer’s registration.
"Preens" means Preens Drycleaners Ltd who is the provider of services offered for sale on Preens Drycleaners Online.
"Preens Drycleaners Online” means this internet site owned by Preens and the means by which Services are offered for sale by Preens to the Customer.
“Services" means all services and goods offered for sale in Preens Drycleaners Online including drycleaning services, laundry services, pressing and ironing services, clothing repair and alteration services , fabric re-proofing services and a pick-up and delivery service.
1.2. Sale of all Services subject to Terms and Conditions:
All Services sold by Preens are sold subject to the following terms and conditions. The terms and conditions apply to every contract of sale unless expressly varied by Preens.
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. Preens discretion to accept registration:
Preens has the absolute discretion to refuse the registration of a potential customer on Preens Drycleaners Online for any reason whatsoever.
1.5. Termination of Registration:
Preens has the absolute discretion to terminate the registration of any of its Customers from Preens 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 Preens for all claims, damages and loss whatsoever incurred or made by Preens 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:
Preens shall use its best endeavours to prevent any unauthorised entry into Preens Drycleaners Online. However Preens 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 Preens 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. Garment bag:
A garment bag is provided by Preens to the Customer. The garment bag will be delivered alongwith with the Customer’s first completed drycleaning order. All garments for pick-up must be placed by the Customer in the garment bag.
2.6. Variation of order and price:
If the Customer requests a variation to the order which Preens accepts then the price payable for the order will be adjusted accordingly to reflect the variation. Once a Delivery Order has been notified to Preens, the Customer will become liable for the full cost of the Delivery Order, and Preens may decide at its sole discretion whether to allow any variation of a Delivery Order.
2.7. Preens may set credit limits:
Preens 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 Preens, but Preens shall not be liable to any person if Preens declines to supply a Service for any reason whatsoever.
3.2. Availability of pick-up and delivery service:
Preens reserves the right to limit the availability of the pick-up and delivery service to certain areas.
3.3. Disabling account or Preens Online:
Preens reserves the right to disable a Customer’s account or Preens Drycleaners Online for any reason whatsoever, including routine maintenance and upgrading of Preens 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 Preens 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 Preens delivers to, but it is not a guarantee that Preens will deliver to any particular area. If a delivery suburb is listed in the registration area, this does not imply that Preens will deliver to all addresses within that suburb.
5.2. Right to withhold delivery:
Preens withholds the right to provide the pick-up and delivery service to the Customer for any reason whatsoever.
5.3. Change to Payment Policy:
Preens 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 Preens 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:
Preens 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 Preensor 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 Regal Drycleaners Online. Upon receipt of a Drycleaning Order by Regal, 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 Regal Drycleaners Online. Where there is a variance Regal will attempt to advise the Customer of this. In any event the number of items confirmed during Regal’s physical check will be final, and Regal 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 Preens is authorised to make any warranties, representations or unauthorised warranties, representations or statements. The Customer expressly acknowledges and agrees that Preens assumes no obligation or liability for any advice given.
No liability for indirect loss: Preens shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Preens 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 Preens Drycleaners Online shall at all times remain the property of Preens. The trade marks PREENS and the PREENS logo are owned by Preens. The Customer is strictly prohibited from copying or using any material contained on the Preens Drycleaners Online site without Preens prior written consent, and is not granted any license of any nature to use such material.
12. FORCE MAJEURE
If the performance by Preens of its obligations under Preens 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 Preens) Preens shall be excused from such performance to the extent of such prevention.
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 3 4772140 fax + 643 4790455 our postal address P.O Box 2023, South Dunedin, New Zealand.
ABOUT THIS WEBSITE
This website (“Website”) is owned and operated by Image Services Ltd , a New Zealand company (“we”, “our” or “us”). We make our Website and other Services available to you for the purpose of providing information about us and our services and, where applicable, to enable you to register online and use our services.
Where your access and use are on behalf of another person (such as a company), you agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms. “You” means you or (if applicable) both you and the other person on whose behalf you are acting.
Please read these Terms carefully. You must immediately stop using our Website and other Services if you do not agree to them. These Terms were last updated on Wednesday 10th February 2021.
You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
If you are given a unique name and/or password to access certain parts of our Website or other Services (“Password”), you must keep your Password secure and:
not permit any other person to use your Password, including not disclosing or providing it to any other person; and
immediately notify us if you become aware of any disclosure or unauthorised use of your Password.
You must not attempt to compromise, damage or interfere with our Website, other Services or any network, system, software, data or material that underlies or is connected to our Website (for example, introducing a virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature).
Unless we agree otherwise, you must access our Website and other Services via standard web browsers only and not by any other method (for example, scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
We prefer that you ask for our consent before you link to any part of our Website. We reserve the right, in our sole discretion, to reject or withdraw any linking deemed to be inappropriate, offensive, or associated with any illegal activities, or for any other reason.
You may use this Website only for the purpose of which it is provided. You must not use this Website for any fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this Website.
You must not do, or attempt to do, anything that:
is prohibited by any laws which apply to our Website, other Services or to your use of them;
we would consider inappropriate; or
which might bring us, our Website or other Services into disrepute
(collectively, “Prohibited Acts”).
Examples of what we consider to be Prohibited Acts include (without limitation):
breaching an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using our Website or other Services to defame, harass, threaten, menace or offend any person;
interfering with any user using our Website or other Services;
using our Website or other Services to send unsolicited email messages;
accessing the Website via non- standard web browsers by methods such as scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method; and
facilitating or assisting a third party to do any of the above acts.
EXCLUSION OF COMPETITORS
You are prohibited from using our Website and other Services, including the information and materials available on them, in any way that competes with our business. If you breach this obligation, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Any payments will be made through our third party payment processor or by any other payment method we choose. The terms of payment will be set out in the terms that you agree to when purchasing our Services.
Materials and information on our Website and other Service (“Content”) are subject to change without notice. We do not undertake to keep our Website and other Services up-to-date, and we are not liable if any Content is inaccurate or out-of-date.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
our Website and other Services being unavailable (in whole or in part) or performing slowly;
any error in, or omission from, any information made available through our Website and other Services;
any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use our Website or other Services.
To avoid doubt, you are responsible for ensuring the process by which you access and use our Website or other Services protects you from this and any Website linked from our Website or other Services. Any link on our Website or other Services to other websites does not imply any endorsement, approval or recommendation of, or responsibility for, those Websites or their contents, operations, products or operators.
We make no representation or warranty that our Website or other Services are appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of our Website or other Services is not illegal or prohibited, and for your own compliance with applicable local laws.
Our Website or other Services may from time to time contain advertisements or other content provided by third parties and links to third party Websites. This is provided for your convenience only and we are not responsible for any third-party content on our Website or any website to which our Website contains links. The inclusion of any such content or link does not imply our endorsement or approval of any linked Website or any association with its owners or operators.
We (and, where applicable, our licensors or content suppliers) own all proprietary and intellectual property rights in our Website and other Services (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and any network, system, software, data or material that underlies or is connected to our Website and other Services.
Your use of our Website and other Services, plus your use of and access to any Content, does not grant or transfer to you any rights, title or interest in relation to our Website, other Service or Content. You must not, without our prior written consent:
copy or use, in whole or in part, any Content;
reproduce, modify, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
breach any intellectual property rights connected with our Website, other Services or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another Website or platform, or creating derivative works from the Content.
You indemnify us against all Loss we suffer or incur as a direct or indirect result of:
your failure to comply with these Terms, including any failure of a person who accesses and uses our Website or other Services by using your Password.
b. any content or information you submit, post, transmit or make available through the website or otherwise using our Services.
The word “Loss” in these Terms includes loss of profit, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor-client basis.
This indemnity is a continuing obligation, independent from the other obligations under these Terms, and it continues after these Terms end. It is not necessary for us to suffer or incur any Loss before enforcing a right of indemnity under these Terms.
To the maximum extent permitted by law:
you access and use our Website or other Services at your own risk; and
we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, our Website or other Services or your access and use of (or inability to access or use) our Website or other Services.
This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
This includes Loss suffered by you or any third party, arising from or in connection with:
any inaccessibility of, interruption to or outage of our Website or other Services;
any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date; and/or
any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use our Website or other Services. (To avoid doubt, you are responsible for ensuring the process by which you access and use our Website and other Services protects you from this).
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Loss.
To the maximum extent permitted by law, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed $100 NZD.
Personal information is information about an identifiable individual (a natural person).
You are not required to provide personal information to us, although in some cases if you choose not to, we will be unable to make certain sections of our Website or other Services available to you. For example, we may need to have your contact information in order to provide you with updates from our Website or other Services.
SUSPENSION AND TERMINATION
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to or use of our Website or other Services (or any part of them). We may also remove your profile or any content posted by you, plus cease providing services to you.
On suspension or termination, you must immediately cease using our Website or other Services and must not attempt to gain further access.
In the event of termination, all restrictions imposed on you and limitations of liability set out in these Terms will survive.
Any disputes between users of our Website or other Services with other users or must be dealt with by those parties without our involvement. In the event of any dispute between us which arises from, or is in connection with, these Terms (“Dispute”), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days of receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. If the parties do not resolve the Dispute within 21 days after receipt of the notice, they must agree on an alternate method to resolve the Dispute or the Dispute may be referred by either party (by notice in writing to the other party) to mediation.
We may change these Terms from time to time by updating them on our Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use our Website and other Services, you agree to the amended Terms. If you do not agree to the changes, you must stop using our Website and other Services.
The Terms were last updated on Wednesday 10th February 2021
If we need to contact you, we may do so by email or by posting a notice on our Website or other Services. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms, our Website or other Services are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
For us to waive a right under these Terms, the waiver must be in writing. Without prejudice to any other provision of these Terms we have no liability for any lack of performance, unavailability or failure of the services, the Website or any content on or accessed through the Website or any failure of us to comply with the Terms that is caused by any matter beyond our reasonable control.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of our Website or other Services and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to our Website or other Services that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.