PLEASE NOTE THAT THESE ARE IMPORTANT CONDITIONS AFFECTING YOUR RIGHTS AND SHOULD BE READ CAREFULLY.
In this agreement unless the context indicates otherwise:
“solecleanse” means Sole Cleanse Shoe Polishing, a company organised under the laws of the United Arab Emirates; and
“Customer” means all of the persons, jointly and severally, who are purchasing products and services from solecleanse and/or who hold an individual account with solecleanse.
The Customer warrants that they are (i) not a minor, (ii) are entitled and have the capacity to enter into this agreement, and (iii) that all particulars given to solecleanse are true and correct.
solecleanse will provide services and products to the Customer as requested by the Customer from solecleanse in accordance with these Service Terms.
With respect to cleaning services, solecleanse shall make every effort to ensure complete and thorough cleaning of any items provided. However, solecleanse cannot guarantee the results or effectiveness of cleaning on any individual item.
With respect to shoes in particular, cleaning may result in the following:
- Additional minor wear and tear
- May cause material types to become tender, stiff, brittle and potential cause minor peeling and buckling
- Potential shrinkage of all material types is unpredictable and may occur
- Slight colour changes in shades or top coat may occur on all material types
- Pre-existing scars on leather, breaks and skin lines may show to be more apparent after the cleaning process
solecleanse shall seek to process and clean items within the time frame indicated to the Customer, but shall not be liable for any delays.
4. Cancellation of Orders & Refunds
Any purchases of services or products from solecleanse shall be legally binding.
Purchase orders may be cancelled by the Customer only in the circumstance that it occurs prior to solecleanse bearing any costs including the cost of pick-up from our delivery partners.
Refunds will be done only through the Original Mode of Payment.
5. Pickup and Delivery
solecleanse.ae will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
Pickup and/or delivery of Customer items shall be made by solecleanse’s delivery partners at the address indicated by the Customer. solecleanse reserves the right to refuse pickup or delivery to a post office box or to any other location at which a person is not available to accept physical pickup or delivery. Pickups and deliveries shall be subject to any additional terms indicated on solecleanse’s website.
It shall be the Customer’s responsibility to ensure timely handover, collection and/or physical reception of any item from their requested pickup or delivery address. In no event shall solecleanse be liable for any delays or costs resulting from the Customer’s failure to be present for any pickup or delivery at their requested address. Multiple shipments/delivery may result in multiple postings to the cardholder’s monthly statement.
All items shall be deemed to have been delivered to the Customer or their duly authorised representative in good order and repair, without any damage, unless otherwise recorded in writing and signed by solecleanse (or its delivery agent) and the party accepting delivery of the item.
6. Items Not Collected
With respect to any items left for in-store collection, in the event that such items are not collected within 90 (ninety) calendar days, solecleanse reserves the right to dispose of them as it sees fit and shall not be held liable for any loss that the Customer may suffer in such an event.
7. Service Rates and Charges
The Customer agrees to pay solecleanse the service rates plus all other charges and fees opted for or utilised by the Customer, as per the rates indicated on solecleanse’s website or as otherwise communicated to the Customer.
The Customer shall also be liable for all costs incurred by solecleanse (including, without limitation, all fees of lawyers and other advisers) in recovering any outstanding expenses not paid by the Customer.
All payments are due on demand. All charges payable by the Customer shall be payable by credit card, unless the Customer has a valid credit account with solecleanse, in which case the Customer may use its credit as payment.
solecleanse may at its absolute discretion elect to accept cash payment, in which case a cash handling fee may be charged by solecleanse. solecleanse may also, at its absolute discretion, elect to accept payment by other means, such as PayPal for example.
The Customer will not be entitled to set-off or withhold payment of any amounts due in terms of this agreement for any reason whatsoever.
If solecleanse has agreed to accept payment from the Customer by credit card or charge card, the Customer’s acceptance of this agreement will constitute irrevocable authority for solecleanse to obtain authorisation and/or payment. This will also constitute irrevocable authority for the issuer of the card to debit them with the total amount due to solecleanse including but not limited to any late penalties or other losses suffered by solecleanse.
If any amount is not paid on the due date, solecleanse may without prejudice to any rights it may have, charge interest on the overdue amount at a rate of 5% p.a. or the maximum amount allowed under the law, whichever is lower, and in the sole discretion of solecleanse.
A certificate of any director, manager or accountant of solecleanse as to any amount owed by the Customer to solecleanse shall constitute prima facie proof of that amount.
solecleanse may provide, as an additional service, the possibility for the Customer to insure any items provided to solecleanse against loss or damage. Any such insurance shall be governed by a separate insurance policy.
In the absence of insurance, and as set out below (see Limitation of Liability / Indemnity of Solecleanse by Customer), in no event shall Solecleanse be liable for any loss or damage to any shoes, items or other property provided by the Customer to Solecleanse.
10. Limitation of Liability / Indemnity of Solecleanse by Customer
Neither solecleanse nor any of its directors, officers, employees, service providers or agents shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from the purchase of services or products by the Customer, including, without limitation, any damage to Customer property (howsoever arising and of whatever nature) and whether such loss or damage results from breach of contract or negligence or gross negligence or otherwise which may be suffered by the Customer and/or any third party.
solecleanse, its directors, officers, employees, affiliates or agents are accordingly indemnified by the Customer against any claim of any nature whatsoever and howsoever arising from any damages or loss which might be instituted against solecleanse, its directors, officers, employees, affiliates or agents arising from or connected with or pursuant to any services or products provided by solecleanse.
This document contains the entire agreement between the parties regarding the matters contained herein and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded in writing by solecleanse.
If any provision of this agreement is found by a court of law to be invalid or void such provision will be severed from the agreement, without affecting the remainder of the provisions hereof.
No extension, latitude or other indulgence that may be given or are allowed by any party in respect of performance of any obligation hereunder, and no delay or forbearance in the enforcement of any party arising from this agreement, and no single or partial exercise of any right of any party under this agreement will in any circumstances be construed as implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any party’s rights in terms of or arising from this agreement or stop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
This agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the United Arab Emirates. The Customer consents to the jurisdiction of the courts of the United Arab Emirates with respect to any disputes arising out of this agreement.