Terms & conditions


Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are trading as Shoe Care Clinic of 13 Chestnut Grove, Balham, London, SW12 8JA with email address shoecareclinics@gmail.com; (the Supplier or us or we).

2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

1. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

2. Contract means the legally-binding agreement between you and us for the supply of the Services;

3. Delivery Location means the Supplier's premises or other location where the Services
are to be supplied, as set out in the Order;

4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

5. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

6. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;

7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

8. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;

9. Website means our website https://shoecareclinic.co.uk/ on which the Services are advertised.

Services

1. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.

2. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

3. All Services which appear on the Website are subject to availability.

4. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

1. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

2. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal information and Registration

1. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

2. We retain and use all information strictly under the Privacy Policy.

3. We may contact you by using e-mail or other electronic communication methods and by
pre-paid post and you expressly agree to this.

Basis of Sale

1. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

3. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all
information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.

4. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 5 days from its date, unless we expressly withdraw it at an earlier time.

5. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business. 

Fees and Payment

1. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.

2. Fees and charges include VAT at the rate applicable at the time of the Order.

3. You must pay by submitting your credit or debit card details with your Order and we can
take payment immediately or otherwise before delivery of the Services.

Delivery

1. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
   1. in the case of Services, within a reasonable time; and
   2. in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

2. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.

3. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
   1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
   2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

4. If you treat the Contract at an end, we will (in addition to other remedies) promptly return
all payments made under the Contract.

5. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

6. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

7. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

8. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

9. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the
Delivery Location, we may charge the reasonable costs of storing and redelivering them.

10. The Goods will become your responsibility from the completion of delivery or Customer
collection. You must, if reasonably practicable, examine the Goods before accepting
them.

11. If we can not deliver your shoes after numerous attempts or after a month of the shoes in our possession after the first delivery date we are allowed to dispose of them.

Damaged Items
Any damaged item must be reported within seven (7) days of the date of delivery of the garments to www.shoecareclinic.co.uk or through in-app chat. Shoe Care Clinic reserves the right to reject any claim made more than seven (7) days after the successful delivery of the garments to the customer.
Taking care of your garments is our number one priority. We strive to provide exceptional service. While we are very cautious to treat all garments carefully, we cannot guarantee against colour bleeding, colour loss, or shrinkage of garments associated with a manufacturing defect. In addition, we do not take responsibility for any deteriorated or flawed garments, which could result in small holes or tears associated with the conditions a garment is exposed to during wear. Damages to garments may occur due to our cleaning and ironing processes, as well as due to defects in the fabric, material, and stitching of the garments. We will, to the best of our ability, assess the damages impartially and determine the root cause of the damage.
For any items deemed damaged because of our process, Shoe Care Clinic may reimburse you by paying up to Three (3) times of the price of the clean regardless of brand, price or condition of the item Any damaged items must be reported to Shoe Care Clinic and inspected by Shoe Care Clinic within seven (7) days through digital photos and in-person.
For any items deemed damaged because of a perceived defect, Shoe Care Clinic may reimburse you by paying up to ten (10) times the charge for cleaning the item regardless of brand, price or condition of the garment.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law and according to the industry practices, Shoe Care Clinic’s aggregate liability shall in no event exceed three times the amount of the clean price, where applicable, the equivalent of that amount in the currency used by you for the payment for Cleaning.
Claims made more than seven (7) days after delivery will be assessed on a case-by-case basis.
In case any damaged item claim cannot be resolved amicably according to terms and conditions, Shoe Care Clinic will refer the customer to file a claim with the applicable consumer rights authority. The resolution of the claim will be as per the terms of the impartial decision made by the independent authority.

Withdrawal and cancellation

1. You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind without giving us a reason, but the deposit paid kept.

2. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
   1. goods that are made to your specifications or are clearly personalised;
   2. goods which are liable to deteriorate or expire rapidly

 

Right to cancel

1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

2. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

4. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website https://shoecareclinic.co.uk/. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.

5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Commencement of Services in the cancellation period

1. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.

Effects of cancellation in the cancellation period

1. Except as set out below, if you cancel this Contract, we will reimburse you a partial payment which is  received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Payment for Services commenced during the cancellation period

1. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for the supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.

Timing of reimbursement

1. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
    1. 14 days after the day we receive back from you any Goods supplied, or
    2. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

2. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

3. We will make the reimbursement using the same means of payment you used for the
the initial transaction, unless you have expressly agreed otherwise; in any event, you will not
incur any fees as a result of the reimbursement.

Returning Goods

1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 13 Chestnut Grove, Balham, London, SW12 8JA without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

2. For the purposes of these Cancellation Rights, these words have the following
meanings:

    1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

    2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

2. Upon delivery, the Goods will:
    1. be of satisfactory quality;
    2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely on, or it is unreasonable for you to rely on, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    3. conform to their description.

3. It is not a failure to conform if the failure has its origin in your materials.

4. We will supply the Services with reasonable skill and care.

5. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

1. The Contract continues as long as it takes us to perform the Services.

2. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
    1. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
    2. is subject to any step towards bankruptcy or liquidation.

3. On termination of the Contract for any reason, any of our respective remaining rights and
liabilities will not be affected.

Successors and our sub-contractors

1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

1. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).

Privacy

1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://shoecareclinic.co.uk/) and cookies policy (https://shoecareclinic.co.uk/).

3. For the purposes of these Terms and Conditions:
    1. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
    2. 'GDPR' means the UK General Data Protection Regulation.
    3. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

4. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

5. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.

6. For any enquiries or complaints regarding data privacy, you can e-mail:
shoecareclinics@gmail.com.

Excluding liability

1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

2. Items damaged in transit. We never knowingly dispatch or attempt to deliver damaged goods. Occasionally, however, things do get lost or damaged in transit. For this reason, our delivery charges include insurance where we deem necessary. If your items arrive and look damaged we advise you to ask the courier to wait whilst you inspect it. In the event that your item is damaged please tell the courier you wish to reject
the delivery. If you are unable to open the package in the presence of the courier, please sign for it as “Damaged package; goods not yet inspected” or similar. This will warn the courier that an insurance claim may yet be forthcoming.

On delivery please check all Products carefully within 24 hours for any possible defects
or missing pieces.

    Items damaged in transit: Procedures. If you believe that your items have been damaged while in transit, please notify us immediately. We may ask you to provide us with copies of all relevant documentation, including proof of damage to any packaging and your items. This is because such evidence may be required by our couriers when we pass on an insurance claim to them. We ask that you take reasonable care of the items
while your claim is being investigated. Please do not return them to us unless requested.

   Delivery & Collection: When we have finished the Work on your Item(s) we will contact you to notify you of delivery or collection. For delivery;

3. We shall deliver the Item(s) to the location specified by yourself at point of contact;

4. We reserve the right to charge you for re-delivery of any item which has been returned to us by the Couriers as undelivered where you have failed to take delivery. All items unless stated otherwise are sent on a Next Working Day Service, you must notify us of any issues with receiving your package within 72 hours of reviving confirmation of your shipment.

5. We offer Standard Delivery insured up to £100, and Premium Delivery (£15) which has Extended Liability added up to £5000 with DPD/UPS. The value of the Item in the event of a claim is the Depreciated Value of the item and is the liability of DPD/UPS.

6. We will give you an approximate delivery date and will not be held responsible for any delays as a result of factors outside of Our control.

7. Delivery charges may apply to items returned to the customer, even if no Services are
carried-out.

8. We take no responsibility for any items lost or damaged that are not within our care. We will not be responsible for any Customs issues, charges or delays.

9. We reserve the right not to deliver any item until payment has been received.

10. Items damaged in transit: liability cap. We will not be liable for any direct or indirect
loss of profits or any other financial loss or damage arising out of defective, damaged, or
wrongly delivered items, over and above the market value of the goods themselves on
the date on which we made them ready for delivery to you, or £250, whichever is lower.
In the event that you provide us with goods with a market value over £250, it is your
responsibility to insure for any accidental loss and/or damage that might be incurred over
this £250 cap. 

11. Our Products and Services
12. Cleaning. Our specialist and unique cleaning techniques and technologies often yield great results. However, we do not promise, warrant or guarantee to remove any or all stains, defects and faults present or pertaining to your items. This includes latent stains, defects and faults which only become apparent during the cleaning, repair or restoration process. Similarly, we cannot promise, warrant or guarantee that we will be able to disguise natural flaws or remove any adhesives, or achieve any other desired result. It is also possible that, notwithstanding our best efforts, any attempt to clean, repair or restore your items may aggravate, worsen or make more apparent these latent defects, stains or faults. We bear no liability for any such damage. Please note that you bear the risks of all works performed on the items. In particular, we note that with age, leather and suede shoes and handbags can become worn and discoloured. Dirt on the item can sometimes hide this wear and tear which can be exposed during the cleaning process. If this happens you will be notified and offered an upgrade to your service to restore the colour to these areas where possible. It is not our cleaning process that has caused this damage and so we will not be liable for it. Dirt can also be mistaken for shine, which in the cleaning process will be removed. Shoe Spa are not responsible for the loss of shine during the cleaning process.

Stain removal: We cannot guarantee the removal of any and all stains. Linings that are heavily soiled may be particularly difficult to clean satisfactorily. The basic price of cleaning does not include the removal of heavy or ingrained stains. If a stain cannot be removed from a leather item, we will endeavour to cover the stain with the appropriate colour. This process cannot be done on suede, nubuck, canvas or fabric. This service is not included in the price of cleaning. Suede/Nubuck – some types of stains may not be removable and stains already present may become more obvious with cleaning. Because of the nature of the material, significant improvements are not always possible. In some cases, colours can become faded with cleaning, and any embossed print can be affected. 

Governing law, jurisdiction and complaints


  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  3. We try to avoid any dispute, so we deal with complaints as follows: f a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

 

Model cancellation Form

To
trading as Shoe Care Clinic
13 Chestnut Grove
Balham
London
SW12 8JA
Email address: shoecareclinics@gmail.com