1 GENERAL

1.1. Definitions:

"Customer" means you and all other persons who purchase the services under your Login.

“Drycleaning Order” means a discrete set of garments provided by the Customer and delivered to Regal for the purposes of having Services performed and contained within one garment bag (such bag to be provided by Regal).

"GST" means goods and services tax.

-"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 registrable by any means, and the right to file an application for registration thereof.

"Login" means a Customer’s personal password and access to Regal Drycleaners Online under that Customer’s registration.

"Regal" means Regal Drycleaners Ltd who is the provider of services offered for sale on Regal Drycleaners Online.

"Regal Drycleaners Online” means this internet site owned by Regal and the medium by which Services are offered for sale by Regal to the Customer.

“Services" means all services and goods offered for sale in Regal 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 Regal are sold subject to the following terms and conditions. The terms and conditions apply to every contract of sale unless expressly varied by Regal.

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. Regal’s discretion to accept registration:
Regal has the absolute discretion to refuse the registration of a potential customer on Regal Drycleaners Online for any reason whatsoever.

1.5. Termination of Registration:
Regal has the absolute discretion to terminate the registration of any of its Customers from Regal 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 Regal for all claims, damages and loss whatsoever incurred or made by Regal 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:
Regal shall use its best endeavours to prevent any unauthorised entry into Regal Drycleaners Online. However Regal shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.


2. PRICE
2.1. No registration costs:
The Customer shall not be liable for any registration costs to register with Regal Drycleaners Online

2.2. Currency:
The prices of all Services are displayed in New Zealand currency.

2.3. Prices inclusive of GST:
The prices of the Services are inclusive of GST and any other sales tax.

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. Pick-Up and Delivery Fee:
Regal shall charge the Customer a pick-up and delivery fee. This fee relates to the costs associated with the pick-up and delivery of your order. The fee shall be identified and included in the total price of the order. Regal is entitled to vary this fee at any time.

2.6. Customised garment bag:
A customised garment bag is provided by Regal to the Customer free of charge. 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. If, for whatever reason, the Customer chooses to stop using this service after an initial trial period of up to 3 months, Regal reserves the right to request the return of the bag.

2.7. Variation of order and price:
If the Customer requests a variation to the order which Regal accepts then the price payable for the order will be adjusted accordingly to reflect the variation. Once a Delivery Order has been notified to Regal, the Customer will become liable for the full cost of the Delivery Order, and Regal may decide in its sole discretion whether to allow any variation of a Delivery Order.

2.8. Regal may vary prices:
Regal may vary the prices of the Services at any time without notice.

2.9. Regal may set credit limits:
Regal 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 Regal, but Regal shall not be liable to any person if Regal declines to supply a Service for any reason whatsoever.

3.2. Availability of pick-up and delivery service:
Regal reserves the right to limit the availability of the pick-up and delivery service to certain areas.

3.3. Disabling account or Regal Online:
Regal reserves the right to disable a Customer’s account or Regal Drycleaners Online for any reason whatsoever, including routine maintenance and upgrading of Regal Drycleaners Online.



4. PAYMENT
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 Regal to pass any unpaid amount under this Agreement to a debt collection agency if such amount remains unpaid for 60 days.


5. DELIVERY
5.1. Delivery areas:
The map displaying areas delivered to is indicative of the areas that Regal delivers to, but it is not a guarantee that Regal will deliver to any particular area. If a delivery suburb is listed in the registration area, this does not imply that Regal will deliver to all addresses within that suburb.

5.2. Right to withhold delivery:
Regal withholds the right to provide the pick-up and delivery service to the Customer for any reason whatsoever.

5.3. Change to Payment Policy:
Regal 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 Regal 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:
Regal 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 Regal 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.


6. RISK
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 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. WARRANTIES
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 Regal is authorised to make any warranties, representations or unauthorised warranties, representations or statements. The Customer expressly acknowledges and agrees that Regal assumes no obligation or liability for any advice given.



9. LIABILITY
9.1.
No liability for indirect loss: Regal shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Regal be liable for any damage or loss caused by the Customer’s servants, agents, buyers or other persons whatsoever.



10. INTELLECTUAL PROPERTY
10.1.
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Regal Drycleaners Online shall at all times remain the property of Regal. The trade marks REGAL and the REGAL logo are owned by Regal. The Customer is strictly prohibited from copying or using any material contained on the Regal Drycleaners Online site without Regal’s prior written consent, and is not granted any license of any nature to use such material.



11. FORCE MAJEURE
11.1.
If the performance by Regal of its obligations under Regal 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 Regal) Regal shall be excused from such performance to the extent of such prevention.



12. PRIVACY ACT
12.1.
Collection of information: The Customer authorises Regal 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 Regal may have against the Customer in any manner that Regal sees fit.

4. Ensuring your security online.

5. Making such disclosures as may in Regal’s opinion be required for any of the above purposes.

6. Sending the Customer any advertising or promotional material.

12.2.
Information collected by Regal: Registration and use of Regal 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.

12.3.
Statistical data: Regal may collect statistical data in respect of your usage of Regal Drycleaners Online. You will be informed when such information will be collected, and you may choose whether to disclose this information to Regal or not.

12.4.
Collection from other sources: The Customer further authorises Regal to collect personal information about the Customer from the Customer or any other source available to Regal 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.

12.5.
Regal’s right to refuse application: The Customer is aware that in the event that sufficient personal information is not supplied, or is not satisfactory to Regal then his/her application for registration to Regal Drycleaners Online may not be accepted.

12.6.
Information retained by Regal: The Customer is aware that any personal information supplied by the Customer will be retained by Regal and will be accessible to Regal employees and other persons or body corporates engaged by Regal for or in relation to any of the purposes listed in clause 12.1 above, or otherwise disclosed in these Terms and Conditions or on Regal Drycleaners Online.

12.7.
Disclosure: The Customer authorises Regal to disclose all or any part of any personal information provided by the Customer to credit referral agencies.

12.8.
Retention of information: The Customer acknowledges that Regal shall retain all personal information supplied by the Customer until such time as the Customer is deregistered from Regal Drycleaners Online.

12.9.
Customer rights: The Customer is aware of his/her rights under the Privacy Act 1993 to have access to personal information held by Regal 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 Regal relating to the fact that the customer has requested a correction. The customer agrees to pay Regal the reasonable charges requested by Regal in relation to time and attendances involved in complying with the Customer’s request in this regard.


13. COOKIES
13.1.
Session cookies are used as an integral part of the identification process for Regal 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 Regal 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 Regal Drycleaners Online the cookie is no longer valid and is discarded when you close your browser.


14. LINKS
14.1.
Regal Drycleaners Online contains links to sites run by third parties. Regal 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. Regal in no way makes any representations or warranties in respect of such sites or such third parties.


15. VARIATION OF TERMS AND CONDITIONS
15.1.
Regal may at any time vary these Terms and Conditions by posting new terms on this page.


16. MISCELLANEOUS
16.1.
Entire Agreement: These Terms and Conditions and any other policies, rules or guidelines posted by Regal on Regal Drycleaners Online constitute the sole agreement between you and Regal 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 Regal.

16.2.
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.