Terms and Conditions
THIS WEBSITE
This document relates to the Delicates website hereinafter referred to as the “Site”. We ask you to take the time to read these terms and conditions carefully. Unless stated otherwise herein, the relationship between Delicates and its users is exclusively governed by these Terms and Conditions that are deemed read and accepted by the User. If you do not agree to these terms and conditions in their entirety, please do not use the Site.
Delicates may from time to time amend the Terms and Conditions. Use by you after such changes have been posted shall constitute acceptance of such changed terms.
For the meaning of the definitions used in these Terms and Conditions, please refer to “Definitions” below.
ACCURACY OF CONTENT
Delicates uses its best efforts to keep the information on the Site updated. However, it is not possible to guarantee the complete absence of errors on the Site. The information and other material published on this Site may include inaccuracies or typographical errors. We have made reasonable efforts to ensure that product information is accurate and to display as accurately as possible the colors of our products.
Changes are periodically made to the information on the Site without notice to you. Delicates reserves the right to change the Site at any time, at its discretion. Delicates does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. Delicates shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein.
Each product and service purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. Please note, however, that all product and service descriptions and images are for display purposes only and do not represent the finished product.
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product and service descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order.
DELIVERY
We will use all reasonable efforts to deliver our services within the timescales indicated on the individual order confirmation to the User. Such timescales are not guaranteed delivery times and should not be relied upon.
Erroneously communicated addresses are the responsibility of the User and may lead to extra charges that will be recovered from the User. We always require someone to sign off for delivery. You accept that a delivery is signed-off for by a person other than the User, provided that such person is present at the indicated address and an adult of 18 years or over.
If there is no one present at the time of delivery, you will be asked to contact us to arrange an alternative delivery date. There may be an additional charge for this.
INDEMNITY
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.
USE LIMITATIONS AND INTELLECTUAL PROPERTY RIGHTS
All brand names, product names and titles used on the Site are trademarks or trade names of Delicates or third-party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks or trade names as this may constitute an infringement of the holders’ rights. All Site design, texts, documents, movies and other services and the selection and arrangement thereof, and all other material on this Site are protected by copyright. You are only allowed to electronically copy and print portions of the Site to the extent this is necessary for the purpose of placing an order, or for using the Site as a shopping resource. You are not allowed to make any other use of the information and materials on the Site, including reproduction for the purposes other than those noted above, modification, distribution, or (re)publication. Should you wish to use materials and information from this Site, you need to obtain Delicates’ prior written consent.
USE OF INFORMATION
In the event you provide to Delicates or post any material, information, suggestions or comments on or through the Site about the Site, the way in which Delicates conducts its business or the operation of the Site, Delicates reserves the right to use such material, information, suggestions or comments in its discretion, with no compensation or credit to you. You hereby grant to Delicates a non-exclusive, perpetual, worldwide, royalty-free license to utilize and publish such information and material, in whole or in part. However, use by Delicates of information by which you may be identified (such as your name, address, social security number and telephone number), will be governed by the Site’s Privacy Policy, discussed below.
PRIVACY POLICY
We do not store credit card details nor do we share financial details with any 3rd parties. We may contact you using details you have supplied to us to ask about the service you have received from Delicates. Your contact details will not be shared with any 3rd parties unless required by law. Please see our Privacy Policy for details.
GOVERNING LAW
Any dispute regarding the validity, the interpretation and/or the execution of the Terms and Conditions is solely governed by the laws of Kuwait and the Kuwaiti courts.
If any of the Terms and Conditions may be declared null and void or not applicable, the other terms and conditions will remain valid and the portion declared null and void will remain applicable within the boundaries set by law.
ENTIRE AGREEMENT
These Terms and Conditions supersede all prior terms applied with the User. For any questions, remarks or technical issues with respect to this Site, please contact us.
SERVICES
These Conditions explain the rights, obligations and responsibilities of both Delicates and you, the Customer, in relation to the Services to be provided by Delicates. Delicates undertakes to exercise the utmost care in processing articles entrusted to us and use such processes which, in our opinion, are best suited to the nature and condition of each individual article. However, Delicates cannot assume responsibility for the inherent weakness of, or defects or stains that are not readily apparent prior to processing. This applies particularly, but not exclusively, to suede and leather.
OUR SERVICES
Delicates reserves the right to refuse services to any customer or reject any item.
CLEANING
We use a highly specialist cleaning system which is unique to Delicates, however this does not guarantee to remove all stains, defects and faults which were previously camouflaged in manufacture and 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 other techniques employed by the manufacturer.
All items are therefore only accepted by us for work at your own risk.
With age, leather and suede shoes and handbags can become worn and discolored. Dirt on the item can sometimes hide this wear & 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 color 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. Delicates are not responsible for the loss of shine during the cleaning process. The basic price of cleaning does not include the removal of heavy or ingrained stains.
.
STAIN REMOVAL
We cannot guarantee the removal of 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 on a leather item, we will endeavor to cover the stain with the appropriate color. This process cannot be done on suede, nubuck, canvas or fabric. This service is not included within 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, colors can become faded with cleaning, and any embossed print can be affected.
.
RESTORATION WORK and dyeing
During the Color Restoration process, we cannot guarantee that any contrast colored stitching will remain untouched.
The more work that is required to restore your item the more processes and products will be required. This may in certain circumstances slightly alter the way your shoes or bag feel. At all times we will endeavor to keep the item to as near to the original as possible.
TIMESCALES
Our estimated service turnaround time is 5 – 10 days depending on what services have been requested.
Delicates, however, cannot be held responsible for delays to the service caused by unforeseen circumstances or additional requirements.
PRICING & PAYMENT
All payments are handled by Delicates. Once received by Delicates your shoes or bag will be assessed and the work required confirmed. If you have already had an estimate for the work, we reserve the right to suggest other services if the wrong treatments have been requested.
All work will be agreed with the customer prior to any work taking place. You will be contacted for payment for the work prior to treatments being carried out. All items must be fully paid before the item is dispatched back. Our system notes a record of emails sent and/or telephone messages left and this will be deemed evidence of contact with you. Where an item has not been paid for within 30 days we reserve the right to charge additional fees for storage of your item. We do not store credit card details nor do we share financial details with any 3rd parties.
EXCLUSIONS TO LIABILITY
Delicates are a cleaning repair & restoration service and any Items that are sent to us are in a damaged and/or devalued state. We cannot be held liable for:
– Any damage to, or defect in, an item which we have not been contracted to work on (this includes hardware).
– Delays or failures which are due to any cause beyond our reasonable control.
– Failed repairs due to inherent problems within the material or structure of the item – please note that charges may still apply for any work already completed.
– ‘Loss of value’ against manufacturer original models after the service has been carried out.
– Any damage which is not related to or caused by our services.
– Delicates use the most advanced industry standard techniques and professional materials, we do not warrant the use of, or employment of, the manufacturer original materials or processes. Where original materials are not available, parts and colors will be matched as closely as possible to the original – or to the agreed specification (such as color matched to a particular part of the Item).
Delicates cannot be held liable for the loss or damage of any accessories, such as dust bags, locks, credit cards etc. that are not noted on our system during the booking in procedure. If an item is repaired to a reasonably satisfactory standard no liability will be accepted for depreciation in value. If any service recommended to you by Delicates is rejected, Delicates cannot be held responsible for the outcome of any work carried out that does not meet the customer’s expectations Delicates will not pay compensation for anything that falls outside the work we provide.
GUARANTEE
We guarantee our labor and materials for a period of 3 months after work has been completed providing that the item has been maintained using the recommended ‘Delicates’ products which will be offered to you on completion of your shoes/bag. Hardware repairs and stitching are guaranteed only under normal use. If Delicates feel that at any time the item has been misused within this period, the guarantee will be null and void.
COMPLAINTS
You must notify us of any problem or complaint you have with the workmanship on the Item(s) within seven days of you receiving or collecting the Item(s). If you notice a mark, stain or blemish that is on the Item you must notify us of this within 24 hours of receiving or collecting the Item (as above). Where there is a dispute over any work carried-out, the record on our Management System is taken as the final order for the work.
We cannot accept returns or requests for refunds on the basis of the customer’s change of heart. We cannot accept returns or requests for refunds where a change to an order had been requested and that change could not be fulfilled.
We will not be liable for any damage to – or deterioration of/in – the item resulting from use or application of inappropriate products or inappropriate use/misuse of the Item following delivery of the order. If we are found to be at fault we will endeavor to repair and/or alter the Item to your satisfaction at our cost. In all circumstances, this will be the first course of action. Where the item has to be returned to us for this purpose, we will reimburse your costs of dispatch with evidence of a valid receipt/invoice.
If the fault is through misuse or customer liability any work to rectify the fault will be at your own cost.
Any claim settled will be on the condition that it is accepted by the customer as a full and final settlement.
USING A DROP OFF POINT/AGENT
DROPPING OFF YOUR ITEM
You will be given a receipt for your item(s) when you visit one of our agents (Drop off points). Your signed receipt will confirm your acceptance of our Terms and Conditions. If your shoes or bag are received without a signed receipt you will be asked for confirmation of acceptance when your shoes or handbag are booked in at Delicates. The agent is responsible for your item until it has been collected. Items booked in with one of our agents will be collected and delivered free of charge to the nominated drop off point. When we have finished the work on your Item(s) we will contact you to notify you of the return delivery to the agent.
PRICING & PAYMENT
Payments are handled by Delicates and not the Drop off Point. Once received by Delicates your shoes or bag will be assessed and the work required confirmed If you have already had an estimate for the work we reserve the right to suggest other services if the wrong treatments have been requested. All work will be agreed with the customer prior to any work taking place.
You will be contacted for payment for the work prior to treatments being carried out. All items must be fully paid before the item is dispatched back to the drop off point. Our system notes a record of emails sent and/or telephone messages left and this will be deemed evidence of contact with you. Where an item has not been paid for within 30 days we reserve the right to charge additional fees for storage of your item.
LIABILITY
Whilst your item is in the care of one of our Drop off Points the Drop off Point will be liable for any loss or damage to your item. Once your item has been collected by one of our couriers and is in our care you are insured up to the full item value or depreciated value minus the cost of any services provided.
ITEM STORAGE
Once your item is ready for pickup we can store it for up to one month free of charge. Subsequently, we reserve a right to charge a discretionary storage price of KD 10 per item per month. In case an item is not picked up within a period of six month time, we reserve a right to donate the item to a charity of our choice.
This will cover your Item(s) in the event that they are lost, stolen or damaged beyond repair in circumstances beyond our control. Items in our care are:
– Any Item currently having our services carried out or waiting for our services to be carried out.
– Any Item in transit with our Courier.
– Any item waiting for payment
.
TERMS & CONDITIONS
We reserve the right to make changes to our terms & conditions at any stage without prior notice.