Terms of Service
Last updated: Mar. 02nd, 2017
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE OR ANY OF THE SERVICES AND APPLICATIONS. If you do not agree to these Terms and Conditions, please do not access or use this website or the products or services offered thereby.
Welcome to Washapp!
These terms and conditions (“Agreement”) apply to Washapp (Pvt) Ltd (“Washapp”) website (Washapp.lk) and the related mobile application and/or selected other domains, existing or future, and related content, products and services (collectively, the “Services”) As used in this Agreement, “Washapp,” “we,” “us,” or “our” shall mean Washapp (Pvt) Ltd.
1. CONTRACTUAL RELATIONSHIP
1.1. These Terms will apply to any Order we accept from you via the mobile App, website and/or selected other domains, existing or future, and related content, products and services, including any Order that is changed to the reasons set forth. Note that unless you accept these Terms (by ticking the acceptance box when you set up your account, you will not be able to place an Order. Please read these Terms carefully and make sure that you understand them before placing an Order. The Terms restrict our liability to you in certain circumstances.
1.3. As a condition of this Agreement, you further acknowledge that we may, in our sole discretion, change the Terms from time to time and it is the current version which will apply to each Order when you place it. That notice may be given (i) by notification through our website or mobile applications or by e-mail, or (ii) by posting a revision to these Terms and Conditions and changing the last updated notice above. Your continued access or use of the Services after such notice or posting constitutes your consent to be bound by the Agreement, as amended. You affirm that you will review this Agreement periodically, so that you are aware of any and all modifications made to this Agreement.
1.4. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms, if any, will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over the terms of this Agreement in the event of a conflict with respect to the applicable Services.
2. PLACING AN ORDER
2.1. We will assign an order number to each Order and inform you of it when we accept the Order. Please quote the order number in all subsequent contact with us.
2.2. Submission of an Order does not create a contract between us. The contract arises when we send you an email confirming acceptance of your Order. The email will include your billing information.
2.3. Please ensure that you check the details of your Order before submitting it as we will not be liable to you for any errors you make. For example, please check carefully that you correctly identify each Item.
2.4. If for any reason we are unable fulfil your Order, We will let you know by email.
3. CHANGES TO YOUR ORDER
3.1. You may make a change to an Order at any time before 8.00am on the collection date using the mobile app or website.
3.2. With your consent and at our discretion, we may make a change to your Order in the circumstances where it becomes a necessity.
3.3. Where changes are made to an Order, we will either re-issue the Order confirmation to you via email or send you the amended invoice at the Delivery.
4. CANCELLING YOUR ORDER
4.1. You may cancel your Order in the following circumstances:
4.1.1. At any time before 8.00am on the collection date using the mobile app or website.
4.1.2. At any time before 8.00am on the collection date contacting our Customer Care at firstname.lastname@example.org
4.2. After we have collected your Item(s) if we are affected by an Event outside Our Control by contacting our Customer Care at email@example.com. Event outside Our Control means any occurrence or circumstances over which we have no control including (without limitation) the natural disasters, Acts of God, unavailability of key personnel or key materials without which we are unable to provide the Services.
4.3. You acknowledge that once an Item has been collected from you we have begun to provide the Services to you and that any rights of cancellation you may have under the Consumer Contracts Regulations or any equivalent law or regulations will be lost.
4.4. Cancelling your order after 8.00am on the collection date or failing to be present for collection is due will incur you negative points in our customer grading.
4.5. Our rights to cancel your Order: We may cancel your Order and the contract between you and Us in the following circumstances:
4.5.1. As a result of an Event Outside Our Control; or
4.5.2. If you fail to make Items available for collection; or
4.5.3. If we consider that any Item does not correspond with the Order, is damaged, has no information about its content or cleaning instructions, or does not fall within those Items which we accept
4.6. If we cancel your Order we will contact you by phone or email and
4.7. where We have already started work on your Order, We will not charge you anything and you will not have to make any payment to Us;
4.8. We will arrange to redeliver the Item(s) to you at the original redelivery time or as soon as reasonably possible.
5. MINIMUM PRICE ORDER
5.1. The minimum order price is as cited on Washapp’s Services and may change from time to time.
6. PICK-UP AND REDELIVERY
6.1. Our goal is to provide valuable and timely service to all of our customers and partners. Therefore, you can edit the time of a pickup up or/and delivery prior to 8am on the day of the originally scheduled time for pick-up or/and delivery.
6.2. We will use reasonable endeavors to collect and re-deliver Items at the times specified in the Order but we cannot guarantee to do so. We will use reasonable endeavors to communicate any delay to you by phone or email.
6.3. Garments will only be returned on production of the corresponding invoice and in the instance where such invoices are lost or misplaced, upon production of the NIC of the customer (or the representative of the customer who presented garments).
6.4. If you are not available to accept redelivery of Items, we will contact you by phone or email to arrange redelivery at your convenience.
6.5. If delivery is not possible due to customer being unavailable at the designated time, a nominal redelivery charge of Rs.100 will be charged for each consequent attempt of delivery. Washapp will endeavor to find a suitable redelivery time. However, if a redelivery is urgent, it is the customer’s responsibility to organize a same day courier or collection from the Facility.
6.6. If you have failed to accept or arrange redelivery of an Item for more than 30 days after the redelivery date specified in the Order we may dispose of the Item or donate it to an accredited charity of Washapp’s choice.
6.7. All items collections and re-deliveries must be acknowledged by a signature.
6.8. It shall be the sole responsibility of the customer to check the number of articles presented with the entries in the invoice and the failure of which we shall not be responsible / or in any way liable for any articles declared but not collected by the customer in the first instance.
6.9. You may arrange to have Items collected from, or re-delivered to, a third party, on condition that you do so at your own risk and the third party is prepared to sign an acknowledgement on your behalf.
6.10. You may, by written instructions to us, request us to leave an Item in an agreed location without providing us with a signature of acknowledgement. If you do so, it is at our discretion and entirely at your own risk and we shall not be liable to you for any damage or loss of Items re-delivered on this basis.
6.11. Please be sure of the number of articles prior to depositing and collection.
6.12. Please check your pockets for valuables. The hotel will not be responsible.
6.13. Items will not be delivered outside of business hours.
7. SERVICE STANDARDS
7.1. We will provide the Services with reasonable care and skill in accordance with good industry standards.
7.2. We will not be liable for any delay or non-performance of our Services where you have failed to provide accurate information in your Order, for example if an address is incomplete or inaccurate, or if you fail to accept redelivery of Items in accordance with an order.
7.3. We may contact you by phone or email if we consider any Items submitted to us to be at an increased risk of damage, including, but not limited to, Items:
7.3.1. with special requirements or instructions for cleaning;
7.3.2. with no label indicating cleaning instructions;
7.3.3. which are damaged or stained; and
7.3.4. Bearing an extraneous or hazardous thing, e.g., pins, jewelry, coins, pens, etc.
And at our discretion and with your consent may agree to provide the Services at your risk in respect of those Items.
7.4. We reserve the right to refuse laundering of any item which appears susceptible to damage upon the specified treatment or of any other reason the authorized personnel of the laundry seems fit.
7.5. In case of discrepancy or undeclared defects. i.e damage or discoloration of the garments, the laundry will execute the order after further clarification.
7.6. Garments will be inspected before cleaning, of they are stained or damaged, we will contact you first for approval before processing.
8. PRICE AND PAYMENT
8.1. You understand that use of the Services may result in payments by you for the services you receive (“Charges”). After you have received the service ordered through your use of the Service and Applications, Washapp will process payment of the applicable Charges, at the time of the delivery, using the preferred payment method (Cash, Credit card, Debit Card or/and any other available methods).
8.2. The price of the Services will be set out in our price list as set out in the App or at website and will be the price in force at the time you place your Order. Our prices may change at any time, but price changes will not affect Orders that we have accepted.
8.3. Our prices exclude VAT. The total purchase price, VAT and other charges, if any, will be displayed in the shopping cart prior to confirming the order. However, if the rate of VAT changes between the date we accept your Order and the date of payment, we will have to adjust the rate of VAT that you pay.
8.4. Washapp may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
9. OUR LIABILITY TO YOU
9.1. All Laundry/Dry cleaning/Pressing is accepted by the Washapp at the owners’ risk. While the utmost care will be exercise by the Washapp, our liability for either loss or damage shall be limited to the fair value of time it was received, after taking into consideration depreciation in value to age, fashion and use, but will not exceed the amount of 10 times the item charged in the corresponding laundry invoice, regardless of brand, price or condition of the garment.
9.2. In the event we issue compensation for damage caused to an item(s) in our care, be it monetary or a replacement, Washapp reserves the right to retain permanent ownership of damaged item(s) (For insurance claim). Further, it is considered reasonable for Washapp to ask for receipts, bank or credit card statements confirming the purchase price prior to agreeing any compensation. Failure to produce a valid proof of purchase may limit the compensation amount offered. All or any claim in the relation to any loss or damage garment should be brought to the attention of the manager within 24 hours.
9.3. Subject to the following sub paragraphs, we will be compensating for loss or damage which is due to Our Negligence.
9.3.1. We will not be responsible to you for any loss or damage that is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into a contract for the Services.
9.4. We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.5. We will not be responsible for any loss or damage (including, without limitation) any colour loss, shrinkage or other damage, loss of buttons, belts, slackness of elastic, damage to design/embroidery in the garment, ornaments or anything left in the garments and for water based stains after dry cleaning, resulting from the following:
9.5.1. failure to notify us of any special requirements or instructions for cleaning the Item;
9.5.2. the fact that the Item has no label indicating cleaning instructions;
9.5.3. any existing damage to the Item at the time of collection;
9.5.4. any extraneous objects left in or on the Item, including but not limited to: coins, buttons, jewelry, cufflinks, collar stiffeners, pens or tie clips
9.5.5. and extraneous packaging provided with the Item, including but not limited to: clothes hangers, suit bags or personal laundry bags
9.6. We will not be liable for any consequential loss.
9.7. We will not be liable for any damage to buttons, zips, and other similar parts (fastenings/embellishments/etc.).
9.8. We will not be liable for blisters or a wrinkled effect on the jacket.
9.9. All heavy items, quilts, blankets, bed sheets, bed covers, comforters, curtains, etc are given to the laundry to carry out the specified services at the customer’s risk, as labels containing manufacturer’s instructions as to color fastness, shrinkage etc are unreliable.
9.10. Spot removing is done at the customer’s risk.
9.11. In the event we issue compensation for damage caused to an item(s) in our care, be it monetary or a replacement, Washapp reserves the right to retain permanent ownership of damaged item(s).
9.12. Reimbursement will be made after 30 days from date of receipt of the claim of complaint.
10. Offers, Discounts, Vouchers and promotions
10.1. Vouchers are subject to expiry dates and value for particular promotions.
10.2. Only one voucher or code may be used per transaction.
10.3. Vouchers cannot be used in conjunction with any other Washapp voucher or any other offer.
10.4. Vouchers are strictly non-transferable, and have no cash value. Placing a voucher for sale is strictly prohibited and renders the voucher void.
10.5. Washapp reserves the right to reject a voucher with reasonable cause.
10.6. Washapp reserves the right to withdraw this offer at any time and without warning.
10.7. To redeem a voucher you must present the code found on the voucher at checkout.
10.8. Once activated, vouchers must be used within a 24 hours, unless otherwise mentioned.
10.9. Vouchers are issued on and limited to a one per household basis.
10.10. Vouchers cannot be applied to shop items or shoe services.
10.11. Vouchers cannot be applied when purchasing items from “Offers” category, as these bundles are already heavily discounted.
10.12. One offer cannot to be used in conjunction with any other offer. Where we apply a special discount, it cannot be used for purchasing the offers category.
10.13. New member discount code cannot be used by the existing customers.
10.14. Each user can only use one email address, multiple email addresses cannot be used for the same customer.
11.1. If an existing customer refers a friend using the referral code created in the app, we will give the referrer a value off Washapp voucher. The referred friend will receive a value off Washapp voucher. Value will be decided by us time to time.
11.2. Referral can only be used while referring to friends and family. The referral program does not allow to be used by the same person by creating different accounts.
11.3. To benefit from the referral offer, the existing customer must use the referral code created in the app.
11.4. The existing customer will only receive their referral voucher once the referred friend has completed a transaction and the order payment has been processed successfully. Voucher codes will be issued by email.
11.5. Referral vouchers will not be issued for installations. Washapp will only accept referrals for new customers.
11.6. Referral vouchers cannot be used in conjunction with any other customer offer or promotion.
11.7. Referral vouchers are issued on and limited to a one per household basis.
11.8. Referral vouchers cannot be applied to shop items and shoe services.
12. Washapp Quality Guarantee
12.1. We check each and every garment before it is returned. However, if you are not completely satisfied then simply contact us within 24 hours of delivery and we guarantee to re-clean your items free of charge. Any re-clean requests submitted after 24 hours will be considered on a discretionary basis.
12.2. To request re-cleaning for your items please email our Customer Care team, explain the problem and attach any relevant photos. A Customer Service agent will contact you to arrange a suitable time for recollection.
13. Re-cleaning policy
13.1. The re-cleaning only applies to individual items which have been cleaned by Washapp and the original dry cleaning ticket must be attached.
13.2. Please note it is not always possible to remove stains. If we cannot remove a stain customers will be informed according to the ticket which is attached to their items. In this instance, we are not able to offer a complimentary re-clean.
14. Events Outside Our Control
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
14.2. An Event Outside Our Control means any act or event beyond Our reasonable control, or the reasonable control of any of our Service Providers including (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or closure or failure of public infrastructure or public or private telecommunications networks.
14.3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
14.3.1. We will contact you as soon as reasonably possible to notify you; and
14.3.2. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; or
14.3.3. You may cancel your Order or we may cancel it.
14.3.4. If your Order is cancelled we will return your Item(s) to you at no cost to you.
15. Other important terms
15.1. We may transfer our rights and obligations under these Terms to another organization, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
15.2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4. The Services, including, but not limited to, the text, content, photographs, images, video, audio, graphics, and any software (including any files or images incorporated in or generated by the software, or any data accompanying the software) available on or through the Services, or contained in the Services (“Materials”) are owned and operated by Washapp. The Services and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the Sri Lanka and other countries.
15.5. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Washapp does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.