Terms of Service

SERVICE TERMS AND CONDITIONS

Exclusive Dry Cleaners Inc. (“we”/“Exclusive Dry Cleaners”) owns and operates the website located at www.exclusivedrycleaners.ca (“Website”). These Terms of Service (“Terms”) apply to all users of the Website, including users who upload any materials to the Website, users who use services provided through this website, and users who simply view the content on or available through this Website (“you”/“user”).

By using this Website and/or our services, you indicate your acceptance of these Terms.  If you do not accept these Terms, then do not use this Website or any of its content or services.  These Terms may be amended or updated by Exclusive Dry Cleaners from time to time without notice and the Terms may have changed since your last visit to this Website.  It is your responsibility to review these Terms for any changes.  Your use after any amendments or updates of these Terms shall signify your acceptance of such revised Terms.  Any new features that may be added to this Website from time to time will be subject to these Terms, unless stated otherwise.  You should visit this page periodically to review these Terms.

Additionally, after your first order with Exclusive Dry Cleaners any subsequent orders or weekly service you use indicate your acceptance of these Terms and your authorization to charge your selected payment method on file.

1. PRICE AND PAYMENT

All prices are subject to applicable taxes of the Province of Ontario. Prices and delivery charges are subject to change at any time.

By submitting an order online and using our service, you authorize us to charge your selected payment method, you are fully responsible for the cleaning or repair cost of any items submitted as part of your order or any additional items added to the order, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this Agreement. You have the option to pause or skip any pickups prior to the night before the pickup date at 11:59pm preceding your pickup. Skipping Weekly Pickups and/or order cancellation requests require advanced notice to Exclusive Dry Cleaners, as set forth more specifically via email communication. If you miss these deadlines, you will be responsible for paying the applicable amount of $12.00 plus tax.

There is a minimum charge of $20.00 plus tax per order. If the total charge before tax is less than $20.00, then the minimum charge will be applied to the order.

Payment needs to be made to us in full before we can release items back to you. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to charge your selected payment method, as it may be updated. We reserve the right to suspend servicing you if old orders remain unpaid.

2. DROPPING OFF OR COLLECTION OF ITEMS

You will be given an order number. Check the order pickup confirmation email as count and description of your items is final. You should contact Exclusive Dry Cleaners at support@exclusivedrycleaners.ca if you find any discrepancies in count and description of your items.

If you believe the depreciated value of your garment/item exceeds 10 times our service charge, please declare the value. In which case the garment/item will be serviced at 1/10th of the declared value of the item.

We will require a completed and signed Customer Consent Form to authorize the processing of any item that we consider a risk. We also request this form to be completed for processing - curtains, rugs, leather and suede, wedding/ beaded/evening dresses, and or other household or non-clothing items.

3. DELIVERY OF ITEMS

To receive delivery, you must live in a residential apartment or home, or receive permission from employer or business owner to receive shipments from a business address. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your concierge, and your receiver are not present, we will use commercially reasonable efforts to contact you. If you cannot be reached and we have permission to make an unattended delivery, the items will be left at the indicated delivery address. Redelivery fees will apply should a second delivery visit be required. We reserve the right not to accept an order, to cancel an order or terminate your account if no response or unable to gain access for collection and/or delivery occurs repeatedly, or if there is reason to suspect our staff may be at risk of physical or verbal abuse upon collection or delivery of your items.

Check your order is complete -no liability for missing items once the items are not within our possession.

Uncollected and repeated attempts to deliver items may be disposed of after 90 days. We will not be held liable for any loss that you may suffer in such an event.

We endeavour deliver your items when expected, however, due to Toronto traffic, circumstances may arise which make it impossible to deliver at the time originally booked. In these rare instances we will endeavour to inform you of the delay ahead of time and reschedule the delivery at your convenience, subject to availability.

4. GENERAL EXCLUSIONS

Sorry but we cannot be liable for:

(a) Any item which suffers colour loss / shrinkage/ damage, during the cleaning process, whereby the manufacturer’s care label instructions have been adhered to

(b) Any feather / down filled item

(c) Any accessory attached to or contained within any item. An “accessory” means (but is not limited to) belts, buckles, buttons, broaches, beading, painted logos, leather trims, furs, signs, zips, hoods, collars and inner linings.

(d) Any item which is damaged by any accessory on that item

(e) Any ink marks left behind by our poly-marking label system

(f) In the event that any garment / item is lost / damaged by us and is part of a set E.G. two piece suit / furnishings / curtains / upholstery / laundry, We will only compensate for that lost / damaged item that is documented on the customer's order. We will not compensate for retrospective value of set loss / damage.

(g) Any item that does not show cleaning instructions

(h) Any item that has deliberate crinkles or creased effects on the fabric which are removed during our cleaning process

(i) Any item with faulty adhesives or interfacing which leave a mark after cleaning

(j) Any item which, due to wear and tear or due to its integral nature, is unable to withstand an industrial laundered or dry-cleaned process

(k) Curtains, blinds (venetian, roman) - For the avoidance of doubt we are not responsible for the following :

• Glued-on trims – many adhesives will not withstand the solvents used in cleaning, especially if affected by exposure to light or if more than one year old

• Tassels – these may have been weakened by the effects of light

• Tie-backs – many of these are not designed to be dry-cleaned. Some are stiffened with plastic liners and often glued during make-up for ease of manufacture

• Weights in the bottoms of curtains – these can be small, round, lead weights or chains that can do untold damage during cleaning as they are smashed against the cage sides during the tumbling action. Customer must remove if possible

• Swags and tails – these are often cut on the cross (bias) to aid the drape. They can be pulled out of shape during cleaning.

• Silver and gold painted designs – most pigments only adhere lightly to the surface of the fabric and can be lost during cleaning. Some may survive the first or second clean, but loss can be progressive over each clean, depending on the amount of mechanical action they are subjected to. Please be aware we are not responsible for this loss

• Flocked velvet may change in nature and become hardened

• Watermarks contained within the fabric - May not be possible to be removed during cleaning

• Old or Poor Stitching - May loosen during cleaning

• Weakened Fabric as a result of ultra violet light exposure - May only be noticeable after they are taken down. Weak fabric may be damaged during cleaning

• Shrinkage - In the cleaning process may be up to 10%. Stretching post-cleaning may restore some of this length, but they may relax over time.

(l) Household items (duvets, bedspreads, upholstery covers), leather and suede items

Please note that adhesives, defects and faults which were previously camouflaged in manufacture may become more apparent after the cleaning process, and although every care is taken, we cannot always disguise natural flaws or totally remove adhesives, or stretching techniques employed by the manufacturer. These items may “age” after cleaning. All items are therefore only accepted by us for cleaning at your own risk.

5. CUSTOMER SERVICE

In the unlikely event you are not satisfied, please contact our customer service by phone or email with your order number and email, ensuring it is returned unworn / unused with the original packaging. You will receive a Customer Service Form that must be fully completed. Failure to do so will invalidate any potential complaint.

Please notify us of any such complaints within 48 hours from collecting your item. After those 48 hours we will not be responsible for any such claims.

6. CLAIMS

Liability for any reason (including, but not limited to, lost or damaged items) is limited to the lesser of 10 times the cleaning cost or the depreciated value of the item as determined by the International Fabricare Institute (I.F.I.) guidelines.

We will not be liable for any item(s) not collected more than 90 days after dropping-off or picked-up such item(s) with us.

• Any claim settled by us will be on condition that it is accepted by you as full and final settlement

• We will not be liable for any damage which is not related to or caused by the cleaning process

• We will not be liable for any claim which is excluded under the General Exclusions paragraph above or if you have not followed the process for making a claim under the Customer Service paragraph above

• We follow the International Fabricare Institute (I.F.I.) industry guidelines for fair compensation. From these guidelines we would potentially compensate you once liability is proven by us, only once the age, original value and proof of purchase from you is clearly established. We do not replace old for new and therefore need to establish the age, state and condition of the item(s) prior to any compensation being paid out. We will calculate adjustment value which utilizes the average life expectancy of the textile and the actual age of the article.

7. PROMOTIONS

We may offer discount promotions and other types of vouchers.  In order to redeem a voucher, you must register for an account with us.

A voucher may only be used once by its holder and may not be reproduced or transferred to another party. Vouchers are non-refundable and may only be used to redeem the promotion associated with the applicable voucher.

8. INFORMATION COLLECTION

We will ask customers to provide personally identifiable information necessary to fulfill a dry cleaning order that will include name, billing address, delivery address, telephone and email address. The customer will receive order and delivery confirmation emails to communicate with the customer the status of the order.  By signing up to use our service or registering with Exclusive Dry Cleaners you consent to receive communications from us electronically and agree that we may communicate with you by email or text message.

9. DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND EXCLUSIVE DRY CLEANERS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY FOR A PARTICULAR PURPOSE.  EXCLUSIVE DRY CLEANERS DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND EXCLUSIVE DRY CLEANERS SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL EXCLUSIVE DRY CLEANERSBE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY (INCLUDING WITHOUT LIMITATION ANY ALLERGIC REACTIONS TO ANY PRODUCTS RECEIVED THROUGH THE SERVICES) OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES.  THESE LIMITATIONS SHALL APPLY EVEN IF EXCLUSIVE DRY CLEANERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCLUSIVE DRY CLEANERS LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID EXCLUSIVE DRY CLEANERS IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

11. INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD EXCLUSIVE DRY CLEANERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES, ANY VIOLATION BY YOU OF THESE TERMS, OR ANY VIOLATION BY YOU OF ANY APPLICABLE LAW OR REGULATION.

12. OTHER

These Terms of Service, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the Services.  These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms by us.  If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.  The failure of Exclusive Dry Cleaners to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.  Any waiver of any right or provision by Exclusive Dry Cleaners must be in writing and shall only apply to the specific instance identified in such writing.  You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Exclusive Dry Cleaners prior written consent. We may assign these Terms to anyone at any time.  These Terms shall be governed by the laws of the Province of Ontario without regard to conflict of laws principles.  You hereby irrevocably attorn to the exclusive jurisdiction of the courts of Ontario for any disputes related to these Terms.