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YAUNDRY - TERMS AND CONDITIONS OF SERVICES

Updated 04/12/2019
Introduction

This page (together with our Privacy Policy, Terms of Use and Cookies Policy) tells you information about us and the legal terms and conditions (the "Terms") on which we sell any of the services (the "Services") listed on our website ("our site") or on our app ("our app") to you.

These Terms will apply to any contract between us for the sale of Services to you (the "Contract"). Please read these Terms carefully and make sure that you understand them before ordering any Services from our app. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Services from our app. You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 8. Every time you wish to order Services from us, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.

1. Information about us

1.1 We operate the website yaundry.ie and the app Yaundry. We are 2Clean Collection & Delivery Limited t/a Yaundry (the "Company"), a company registered in Ireland under company number 583848 with our registered office at 1 Terenure Place, Dublin 6w. The Company is a private company limited by shares.

1.2 The purpose of our service is to provide on-demand laundry collection and delivery for the Dublin area.

2. Contacting us

2.1 If you wish to contact us with a general enquiry or in relation to an order you have placed you can do so by using the Feedback button on this page.

2.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

3. Use of our app and site

3.1 Your use of our app and site is governed by our Privacy Policy, Terms of Use and Cookies Policy. Please take the time to read these, as they include important terms which apply to you.

4. How we use your personal information

4.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

5. If you are a consumer

5.1 This clause 5 only applies if you are a consumer. If you are a consumer, you may only purchase Services from our app if you are at least 18 years old.

6. If you are a business customer

6.1 This clause 6 only applies if you are a business.

6.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our app to purchase Services.

6.3 These Terms and our Privacy Policy, Terms of Use and Cookies Policy constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

6.4 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy, Terms of Use and Cookies Policy.

6.5 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

7. How the contract is formed between you and us

7.1 Our app will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at the cart on the checkout screen.

7.2 Once an order is placed on the app payment is immediately taken and a confirmation email is sent. We will confirm our acceptance to you by sending you an e-mail that confirms that the Services have been purchased (the "Order Confirmation"). The Contract between us will only be formed when we send you the Order Confirmation.

7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Services have been purchased (the "Purchase Confirmation"). The Contract between us will only be formed when we send you the Purchase Confirmation.

7.4 If we are unable to supply you with our Services we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount including any delivery costs charged as soon as possible.

8. Our right to vary these Terms

8.1 We amend these Terms from time to time and do so at our sole discretion. Please check the website regularly for updates. We are not obliged to update you.

8.2 Every time you order Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.

8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

8.3.1 changes in relevant laws and regulatory requirements; and/or

8.3.2 changes in any specifications in respect of our Services.

8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.

9. Cancelling an Order

9.1 This clause 9 only applies if you are a consumer. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive a Service, you can notify us of your decision to cancel the Contract and receive a refund.

9.2 If you would like to cancel your order, you can do so by contacting us using the Feedback button on this page within a reasonable time and before your items have begun the laundry process. If you cancel your order prior to collection we will refund you in full. If you cancel your order following collection but prior to the laundry service we will refund you in full except for our €5 collection & delivery fee.

10. Collection & Delivery

10.1 Our Services operate across the service areasgreater Dublin area. If you live outside of the service areas and place an order we will contact you by email to inform you of this and you will receive a full refund.

10.2 We will provide you with an estimated collection and delivery date of your items (the “service items") upon Purchase Confirmation. Occasionally our collection and delivery of the service items may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.

10.3 If no one is available at your address at the time a collection or delivery attempt was made we will leave you a note that such attempt was made and will also contact you by email to rearrange collection/delivery.

10.4 If upon inspecting your collected items we discover that you have overpaid for the items in your order we will contact you and with your permission we will credit your account with the difference.

10.5 If upon inspecting your collected items we discover that you have underpaid for the items in your order we will contact you and with your permission we will debit your account with the difference.

10.6 Delivery of an order shall be completed when we deliver the Service Items to the address provided. Risk of loss and damage of the Service Items passes to you on the date when the Service Items are delivered or on the date of first attempted delivery by us.

11. Price of Services

11.1 The prices of the Services will be as quoted on our app and site at the time you submit your order. We take all reasonable care to ensure that the prices of Services are correct at the time when the relevant information was entered onto the system. However, please see clause 11.5 for what happens if we discover an error in the price of Services you have ordered.

11.2 Prices for our Services may change from time to time, but changes will not affect any order you have already placed.

11.3 The price of all Services includes VAT (where applicable) at the time of purchase confirmation at the applicable current rate chargeable in the relevant jurisdiction for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.

11.4 The price of a Service does not include collection and delivery charges. Our collection and delivery charges are as advised to you during the check-out process, before you confirm your order. A €5 delivery and collection fee will apply to orders that are less than €20.

11.5 We provide a wide range of Services on our app. It is always possible that, despite our reasonable efforts, some of the Services on our app or site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.

12. How to pay

12.1 You can pay for Services using a debit card or credit card.

12.2 Payment for the Services and all applicable delivery charges is in advance. We will not charge your debit card or credit card until you have received a Purchase Confirmation.

13. Our liability if you are a business

13.1 This clause 14 only applies if you are a business customer.

13.2 Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

13.2.1 any loss of profits, sales, business, or revenue;

13.2.2 loss or corruption of data, information or software;

13.2.3 loss of business opportunity;

13.2.4 loss of anticipated savings;

13.2.5 loss of goodwill; or

13.2.6 any indirect or consequential loss.

13.3 Subject to clause 13.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services ordered to which any issue applies.

13.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

14. Our liability if you are a consumer

14.1 This clause only applies if you are a consumer. To the extent permitted by law, we provide our Services on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Services, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, we shall not have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Services. In the event that we are found to be liable to you our total aggregate liability is limited to the purchase price you have paid for in your order. This does not include or limit in any way our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

14.2 In the unlikely event of loss or damage to an item, we will pay compensation for the damaged or lost item, taking into account the age of the item and allowing for wear and tear, where such item has been damaged or lost due to our negligence. We may ask for receipts, bank or credit card statements to provide proof of purchase in such circumstances. Failure to provide a valid proof of purchase may limit the compensation amount offered.

14.3 Notwithstanding clause 14.2 we will not be responsible for any loss or damage (including, without limitation) any colour loss, shrinkage or other damage, resulting from the following:

14.3.1 failure to notify us of any special requirements or instructions for cleaning the item;

14.3.2 the fact that the item has no label indicating cleaning instructions;

14.3.3 any damage to the item which existed at the time of collection;

14.3.4 any extraneous objects left in or on the item, including but not limited to keys, jewellery, pens or pins;

If we become aware of any of the above we will notify you and ask whether you wish to continue with the Contract. If you provide your consent the Services will be provided at your own risk and we will not be liable to you for any damage arising therefrom.

14.4 Please note that we will not be responsible for any single item valued at more than €250 unless the value of this item has been brought to our attention when placing your Order.

14.5 Subject to clauses 14.1 and 14.4, we shall not have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Services. In the event that we are found to be liable to you our total aggregate liability is limited to the purchase price you have paid for in your order. This clause 14 does not include or limit in any way our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

14.6 We have no liability whatsoever to you for any loss of profit, loss of business, business interruption, or loss of business opportunity by your use of the Services.

15. Events Outside Our Control

15.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.

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, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

15.3.1 we will contact you as soon as reasonably possible to notify you; and

15.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us.

16. Communication between us

16.1 When we refer, in these Terms, to "in writing", this will include e-mail.

16.2 If you are a consumer you may contact us as described in clause 1.2.

16.3 If you are a business:

16.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

16.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.

16.3.3 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, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

17. Other important terms

17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.5 If we fail to insist that you perform any of your obligations under these Terms, 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.

17.6 If you are a consumer, please note that these Terms are governed by Irish law. This means a Contract for the purchase of Services through our app and any dispute or claim arising out of or in connection with it will be governed by Irish law. You and we both agree to that the courts of the Republic of Ireland will have non-exclusive jurisdiction.

17.7 If you are a business, we both irrevocably agree that the courts of Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims). Any Contract shall be governed by and construed in accordance with the law of the Republic of Ireland provided however that nothing in these Terms shall be deemed to preclude us from issuing proceedings or taking any other legal action in any jurisdiction or to enforce a judgement or court order in favour of us in any jurisdiction. You hereby expressly submit and consent to such jurisdiction and waive any objections to any action we may take in another jurisdiction with respect to your compliance with these Terms.

17.8 Words denoting any gender include all genders and words denoting the singular include the plural and vice versa.

17.9 We may contact you by email from time to time with special offers and discounts. You can opt out of receiving further contact by using the opt out link in any emails you receive.

Have a question about our Terms? Get in touch