Terms & Conditions
1. “Customer” means you and all other persons who purchase the services under your Login.
2. “Drycleaning Order” means a set of garments provided by the Customer and delivered to Vogue Drycleaners for the purposes of having Services performed and contained within one drycleaning bag.
3. “GST” means goods and services tax.
4. “Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registerable by any means, and the right to file an application for registration thereof.
5. “Login” means a Customer’s personal password and access to Vogue Drycleaners Online under that Customer’s registration.
6. “Vogue“ means Vogue Drycleaners who is the provider of services offered for sale on Vogue Drycleaners Online.
7. “Vogue Drycleaners Online” means this internet site owned by Vogue and the medium by which Services are offered for sale by Vogue Drycleaners to the Customer.
8. “Services” means all services and goods offered for sale in Vogue Drycleaners Online including drycleaning services, laundry services, pressing and ironing services, clothing repair and alteration services and a pick-up and delivery service.
1.2 Sale of all Services subject to Terms and Conditions: All Services sold by Vogue are sold subject to the following terms and conditions. The terms and conditions apply to every contract of sale unless expressly varied by Vogue.
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 Vogue‘s discretion to accept registration: Vogue has the absolute discretion to refuse the registration of a potential customer on Vogue Drycleaners Online for any reason whatsoever.
1.5 Termination of Registration: Vogue has the absolute discretion to terminate the registration of any of its Customers from Vogue Drycleaners Online for any reason whatsoever.
1.6 Security of information: Vogue shall use its best endeavours to prevent any unauthorised entry into Vogue Drycleaners Online. However Vogue shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.
2.1 Currency: The prices of all Services are displayed in New Zealand currency.
2.2 Prices inclusive of GST: The prices of the Services are inclusive of GST and any other sales tax.
2.3 ISP Charge: The Customer shall be individually responsible for its ISP charge and any other costs of internet usage incurred by the Customer.
2.4 Vogue may vary prices: Vogue may vary the prices of the Services at any time without notice.
3. AVAILABILITY OF SERVICE
3.1 Fulfillment of orders: Every effort will be made to fulfil orders placed with Vogue but Vogue shall not be liable to any person if Vogue declines to supply a Service for any reason whatsoever or is unreasonably late.
3.2 Disabling account or Vogue Drycleaners Online: Vogue reserves the right to disable a Customer’s account or Vogue Drycleaners Online for any reason whatsoever, including routine maintenance and upgrading of Vogue 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. In the event the card is declined the Customer shall be advised immediately and goods will be returned to the customer.
5.1 Regular orders will be returned by 4 pm, two week days later (orders received by 9am Monday will be returned by 4pm Wednesday).
Express orders will be returned by 4 pm, the next week day (orders received by 9am Monday will be returned by 4pm Tuesday).
5.2 Delivery areas: Vogue will deliver to business address within the Hamilton area but it is not a guarantee that Vogue will deliver to any particular area. If a delivery area is listed in the registration area, this does not imply that Vogue will deliver to all addresses within that area. Vogue reserves the right to limit the availability of the pick-up and delivery service to certain areas.
5.3 Right to withhold delivery: Vogue withholds the right to provide the pick-up and delivery service to the Customer for any reason whatsoever.
5.4 Change to Payment Policy: Vogue 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.
5.5 Change of Address: The Customer is to notify Vogue immediately of a change to its delivery address and in such case the notification shall be treated as a new application for registration.
5.6 Delays to delivery: Vogue 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 Vogue or otherwise.
5.7 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.
6.1 Goods: 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
7.1 The Customer must confirm the number of items in each Drycleaning Order placed under Vogue Drycleaners Online. Upon receipt of a Drycleaning Order by Vogue, 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 Vogue Drycleaners Online. Where there is a variance Vogue will attempt to advise the Customer of this. In any event the number of items confirmed during Vogue ‘s physical check will be final, and Vogue will accept no liability for any claims from the Customer that any items within a Drycleaning Order have been lost in transit.
8.1 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 Vogue is authorised to make any warranties, representations or unauthorised warranties, representations or statements. The Customer expressly acknowledges and agrees that Vogue assumes no obligation or liability for any advice given.
9.1 No liability for indirect loss: Vogue shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Vogue be liable for any damage or loss caused by the Customer’s servants, agents, buyers or other persons whatsoever.
10. FORCE MAJEURE
10.1 If the performance by Vogue of its obligations under Vogue 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 Vogue) Vogue shall be excused from such performance to the extent of such prevention.
11. PRIVACY ACT
11.1 Collection of information. The Customer authorises Vogue to collect, retain and use personal information about the Customer for the purposes of:
1. Undertaking any dealings or transactions with the Customer.
2. Enforcement of any legal or other rights Vogue may have against the Customer in any manner that Vogue sees fit.
3. Ensuring your security online.
4. Sending the Customer any advertising or promotional material.
11.2 Information collected by Vogue: Registration and use of Vogue 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.
11.3 Retention of information: The Customer acknowledges that Vogue shall retain all personal information supplied by the Customer until such time as the Customer is deregistered from Vogue Drycleaners Online.
11.4 Customer rights: The Customer is aware of his/her rights under the Privacy Act 1993 to have access to personal information held by Vogue 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 Vogue relating to the fact that the customer has requested a correction. The customer agrees to pay Vogue the reasonable charges requested by Vogue in relation to time and attendances involved in complying with the Customer’s request in this regard.
11.5 Vogue is 100 per cent committed to protecting their customers security and privacy.
11.6 Vogue will not pass on any buyers details to any third party.
12.1 Promotions and offers are limited to one per customer and cannot be used with any other offer.
12.2 All promotions and offers exclude wedding gowns.
12.3 The maximum discount for any offer or promotion is $50.00.
13.1 Vogue Drycleaners Online contains links to sites run by third parties. Vogue 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. Vogue in no way makes any representations or warranties in respect of such sites or such third parties.
14. VARIATION OF TERMS AND CONDITIONS
14.1 Vogue may at any time vary these Terms and Conditions by posting new terms on this page.
15.1 Entire Agreement. These Terms and Conditions and any other policies, rules or guidelines posted by Vogue on Vogue Drycleaners Online constitute the sole agreement between you and Vogue 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 Vogue.
15.2 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.