Terms & Conditions
Welcome to flatratecleaners.com. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE ("Site"). This Agreement (the "Agreement") is an agreement between you and "Flat Rate Cleaners" or "flatratecleaners.com" that states the terms and conditions under which you may use the Site and receive flatratecleaners.com Service, which includes processing and delivery of product orders. Your use of the Flat Rate Cleaners Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the Flat Rate Cleaners Service. Please acknowledge and accept the terms and conditions of use by clicking "I Agree" during the order process.
If you have any questions about this Agreement or the Site please email us at service@flatratecleaners.com.
Satisfaction Guaranty and Limits of Liability for Items in Our Care
ALL OUR PRODUCTS AND SERVICES ARE BACKED BY A 100% SATISFACTION GUARANTY, IF YOU ARE UNHAPPY WITH HOW AN ITEM WAS CLEANED, CALL US AT (646) 825-3857 OR EMAIL US AT SERVICE@FLATRATECLEANERS.COM WITHIN 48 HOURS OF RECEIVING YOUR GARMENT AND WE WILL GLADLY CLEAN IT AGAIN FREE OF CHARGE.
Please keep in mind, that while we aim to remove all stains, some stains may never completely be removed. In particular, this includes failure to follow care instructions, further complicating a stain by using a home remedy such as water or soda, chemical damage from spillage of alcoholic beverages, medications, perfumes, after shaves, hair dyes, perspiration and shrinkage of garments due to improper washing techniques.
In the rare case where garments are damaged please contact us within 48 hours of receiving your garment. We will pick up your garment and send it to our laboratory for a thorough analysis. We will contact you within 14 business days to resolve the dispute.
If we determine that we are responsible for the damage, flatratecleaners.com will provide you store credit for the fair value of that garment, as explained in the American National Standards Institute National Fair Claims Guide for Consumer Textile Products. The value of the garment depends on the age and condition of the item. If it is unclear who is responsible for the damage, flatratecleaners.com will pay to have the garment analyzed by The National Cleaners Association's garment analysis laboratory. Restitution will be made based upon the lab's report.
WE CANNOT ASSUME RESPONSIBILITY FOR INHERENT WEAKNESSES OF OR DEFECTS IN MATERIALS THAT ARE NOT READILY APPARENT PRIOR TO PROCESSING. This applies particularly, but not exclusively, to suedes, leathers, silks, satins, double face fabrics, vinyls, polyurethanes, etc. We cannot assume responsibility for trimmings, buckles, beads, buttons, belts and sequins.
DIFFERENCES IN COUNT MUST BE REPORTED AT THE TIME OF RECEIPT, if you are missing an item you must let the driver know at the time of receipt. flatratecleaners.com cannot assume responsibility for lost garments once it has been received by a customer, neighbor or other designated recipient and building personnel (doorman, concierge, security, superintendent, etc.). THE COMPANY'S LIABILITY WITH RESPECT TO ANY LOST ITEM SHALL NOT EXCEED 10 TIMES OUR CHARGE FOR PROCESSING THE ITEM.
flatratecleaners.com Service
Orders must be received before 2PM for same day pick up(See Pick-up and Delivery below for details). You can place your order anytime, up to one week before your pick up or delivery date.
Price
At flatratecleaners.com we believe in offering our customers the best service at the best price. flatratecleaners.com reserves the right to change prices at any time and is not responsible for typographical errors on the website related to pricing information. We will inform you if a typographical error has resulted in a difference in pricing for your order before charging your credit card. If an order is in process, we will bill you using prices in effect at the time your order was placed on the Site.
Delivery of Products
To receive delivery, you, your designated receiver or authorized building personnel (doorman, concierge, security, superintendent, etc.) must be present to receive your order from our driver during your selected delivery window. When someone other than yourself receives delivery or handles pick-up, the same terms and conditions that would apply had you accepted the delivery yourself apply. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If neither you, your designated receiver nor authorized building personnel (doorman, concierge, security, superintendent, etc.) is present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery for that night in such case. If we are unable to redeliver the order to you for any reason, you will be charged a fee to reschedule a delivery.
In an effort to meet the committed delivery time for all of our customers, our delivery personnel cannot wait for a detailed inspection of the items delivered (i.e. checking each garment for stain removal). Your order will arrive with an invoice that will list all of the items you have received and were billed for. Differences in count must be reported within 24 hours of delivery time. flatratecleaners.com cannot assume responsibility for lost garments once it has been received by you, your designated receiver or building personnel (doorman, concierge, security, superintendent, etc.). The company's liability with respect to any lost item shall not exceed 10 times our charge for processing the item.
In the case of inclement weather, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a significant delay, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will deliver your order the first possible moment the conditions permit. If your designated delivery location (i.e., street, avenue, etc.) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.
We always strive to pick up and deliver on time. However, the safety of our employees, other motorists and pedestrians takes precedence. In cases of inclement weather, civil disturbance or other occurrences it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a significant delay, a customer service representative may call or email you to let you know the status of your delivery time. We will deliver your order the first possible moment the conditions permit. If your designated delivery location (i.e., street, avenue, etc.) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date. You will not be subject to a reschedule fee in these instances.
Flat Rate Cleaners Drivers are allowed to accept tips. Customers are under no obligation to tip Drivers but have the option of doing so if exceptional service is provided by the Driver.
Payment
Your credit card will be charged for your order on the day your order is placed. flatratecleaners.com will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Flat Rate Cleaners reserves the right to collect funds for any uncollected transactions owed to it. Flat Rate Cleaners may charge a nominal fee of up to $5 per order should a payment made via credit card be declined resulting in the need for alternate payment or exception processing. Flat Rate Cleaners does not accept cash or checks at this time except in the case where a credit card charge was declined. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Flat Rate Cleaners may charge such amount directly to the credit card identified in your Customer Account Information and Flat Rate Cleaners may suspend or terminate your access to the Flat Rate Cleaners Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Flat Rate Cleaners may incur in its efforts to collect any unpaid balances from you. Your right to use the Flat Rate Cleaners Service is subject to limits established by Flat Rate Cleaners and/or by your credit card issuer.
License and Proprietary Rights
Copyright and Ownership. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Flat Rate Cleaners. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Flat Rate Cleaners is strictly prohibited. You acknowledge that Flat Rate Cleaners and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Flat Rate Cleaners reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Flat Rate Cleaners.
Trademarks. "Flat Rate Cleaners," all Flat Rate Cleaners logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Flat Rate Cleaners or otherwise proprietary to Flat Rate Cleaners and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks. Service marks, product names, and company names or logos appearing in the Flat Rate Cleaners Service and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or the Flat Rate Cleaners Service.
Access to the Flat Rate Cleaners Service
Access. The user of this system assumes all responsibility and risk for the use of this server and the internet generally. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the Flat Rate Cleaners Service and the Site. You agree to comply with all laws applicable to your activities on the Flat Rate Cleaners Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder or if you are a minor (under 18 years of age), a parent or legal guardian has authorized you to view and use the Site.
You acknowledge that from time to time the Flat Rate Cleaners Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Flat Rate Cleaners may undertake from time to time; or (iii) causes beyond the control of Flat Rate Cleaners or which are not reasonably foreseeable by Flat Rate Cleaners. Under no circumstances shall Flat Rate Cleaners be liable for a special, indirect or consequential damage or any damages whatsoever resulting from use, loss of use, data, revenue or profits, whether in an action of contract, intellectual property infringement, negligence or other tortious action, arising out of or in connection with the use of information provided by Flat Rate Cleaners whether in physical or electronic form.
User and Password. Access to the Flat Rate Cleaners Service is accomplished through the use of a user name and a password that will be issued to you upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Flat Rate Cleaners Service with your password. You agree to notify Flat Rate Cleaners promptly of any unauthorized use of your password and you will remain liable for any use of the Flat Rate Cleaners Service until you notify Flat Rate Cleaners of the unauthorized use of your password.
Your Account. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Flat Rate Cleaners Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and alternate receiver for your order. You can update your information on our Web site. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Flat Rate Cleaners, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement. Flat Rate Cleaners' secure server encrypts your credit card information so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. Flat Rate Cleaners will exercise commercially reasonable efforts to ensure that your credit card information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you the Flat Rate Cleaners Service. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with encryption software. Our Site encrypts your credit card number prior to transmission over the Internet using secure socket layer (SSL) encryption technology. Please refer to PRIVACY POLICY for more information on Security.
Privacy Policy. Please review our Privacy Policy, which also governs your visit to the Flat Rate Cleaners Site and use of the Flat Rate Cleaners Service, to understand our practices.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Flat Rate Cleaners Service, which includes, without limitation, use of the Flat Rate Cleaners Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the Flat Rate Cleaners Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by Flat Rate Cleaners to be in conflict with the spirit or intent of this Agreement.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE FLAT RATE CLEANERS SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE FLAT RATE CLEANERS SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITIED BY APPLICABLE LAW, FLAT RATE CLEANERS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FLAT RATE CLEANERS SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE FLAT RATE CLEANERS SERVICE; FLAT RATE CLEANERS DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. FLAT RATE CLEANERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE FLAT RATE CLEANERS SERVICES. FLAT RATE CLEANERS DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER FLAT RATE CLEANERS NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "FLAT RATE CLEANERS PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE FLAT RATE CLEANERS SERVICE, OR THE INTERNET. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE FLAT RATE CLEANERS SERVICE AND TO TERMINATE THIS AGREEMENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITIED BY LAW.
The material in the Site is provided for lawful purposes only. Flat Rate Cleaners controls and operates this Site from its headquarters in New York, New York, USA, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.
You agree to defend, indemnify, and hold Flat Rate Cleaners Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
Miscellaneous
Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Flat Rate Cleaners may suspend or terminate this Agreement or the Flat Rate Cleaners Service or remove or disable access to any portion of the Flat Rate Cleaners Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Flat Rate Cleaners Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Flat Rate Cleaners reserves the right to collect fees and charges incurred before you cancel your Flat Rate Cleaners Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Notices. Flat Rate Cleaners may give notice to you of a change in this Agreement, a change in the Flat Rate Cleaners Fee Schedule, and any other matter through a general posting on the Flat Rate Cleaners Site, by electronic mail.
Entire Agreement. This Agreement and the Privacy Policy referred to herein represent your entire agreement with Flat Rate Cleaners regarding the use of the Flat Rate Cleaners Service and the Flat Rate Cleaners Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Flat Rate Cleaners, and Flat Rate Cleaners Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Flat Rate Cleaners or relating in any way to your use of the Flat Rate Cleaners Service or the Flat Rate Cleaners Site resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving Flat Rate Cleaners Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
Third-Party Beneficiaries. The provisions of this Agreement are for the benefit of Flat Rate Cleaners Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Flat Rate Cleaners Service.
Amendment. Flat Rate Cleaners may amend this Agreement at any time by posting the amended terms on our Site. By using this Site after any amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.