YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE DISCLAIMER IN SECTION 6.9 THE LIMITATIONS OF LIABILITY IN SECTION 11 AND SCHEDULE 1 (AT THE BACK OF THESE TERMS) FOR FULL DETAILS OF WHAT IS AND WHAT IS NOT INCLUDED WITHIN THE SERVICES PROVIDED UNDER THE REVIVAL PACKAGE. DELIVERY CHARGES MAY APPLY IN ACCORDANCE WITH SECTION 7.
- These terms
- What these terms cover. These are the terms and conditions under which we supply our bespoke aftercare services to you to refresh and revive your shoes, as such services are set out in more detail in Schedule 1 at the back of these terms (collectively our ‘Services’) when you purchase our revival package (which comprises the Services) in tandem with the purchase of a new pair of shoes at Harvey Nichols (our ‘Revival Package’). The Revival Package is valid for a period of 18 months.
- Why you should read them. Please read these terms carefully before you purchase a Revival Package. These terms tell you who we are, how we will provide our Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you do not agree to comply with and be bound by these terms, you will not be able to purchase a Revival Package with your shoes.
- Our contract with you. For the avoidance of doubt, the Services are provided by us and the contract for those Services are between you and us directly. This is separate from the contract for your purchase of your shoes, which is between you and Harvey Nichols and in relation to which we have no involvement or responsibility.
- Information about us and how to contact us
- Who we are. We are The Restory Ltd, a limited company registered in England under company number 09780970, whose registered address is at Churchhill House 120 Bunns Lane Mill Hill, London, United Kingdom, NW7 2AS (‘we/us/our’). Our VAT number is 236 6434 03.
- How to contact us. You can contact us by telephoning our consumer service team at 020 8935 5333 or by writing to us at email@example.com and at Churchhill House 120 Bunns Lane Mill Hill, London, United Kingdom, NW7 2AS.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you with details confirming the activation and expiry date of our Services, following your purchase of a Revival Package, at which point a contract will come into existence between you and us. (Please refer to section 6.2 for details about how to request the Services.)
- We supply our Services worldwide. We accept orders from and deliver to addresses outside the UK.
- Our rights to make changes
- Minor changes to the Services. We may change the Services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. These changes will not affect your use of the Services.
- More significant changes to the Services and these terms. In the event that we make more significant changes to our Services or these terms, which operate to your detriment, we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:
- Price and payment
- Price. The price of the Revival Package will be the price communicated to you by authorised staff in Harvey Nichols at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the prices advised to you are correct. However it is always possible that, despite our best efforts, the Revival Package may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than the stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the Services.
- When you must pay and how you must pay. You must pay for the Revival Package on purchasing the corresponding shoes, such payment to be made via any major credit card. In the event that you require additional services which are not included in the Revival Package, you must also pay for those services in accordance with section 6.4.
- We can charge interest if you pay late. If you do not make any payment to us (for example in the event that any additional services under section 6.4 are required) by the due date we may refer to our debt collector agents and we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- Providing the Services
- Timing and scope of Services. The Revival Package is valid for a period of 18 months from the date on which we accept your order, unless either you or we end the contract as described in sections 8 or 9 below. Purchasing the Revival Package gives you the right, on one occasion, to request and receive the Services during the aforementioned 18-month period in relation to the corresponding pair of shoes which you purchased with the Revival Packag The Revival Package cannot be used for any other purchase or items.
- What Services will we provide? Upon receipt of your shoes (see section 7 for how to send us your shoes), our team of experts will assess which of the Services we reasonably deem are necessary and/or appropriate to yield the best result for usability and aesthetic, based on the state of your shoes when you supply them to us. We will send you a scope of the Services we recommend and will obtain your approval before carrying out the work. Your confirmation that you would like us to provide the Services constitutes a contractual offer that we may, at our sole discretion, accept. Only once we have confirmed that we can provide the requested Services will we be obliged to do so. If for any reason we do not accept or cannot fulfil a request for our Services (including due to unexpected limits on our resources or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services), we will inform you of this and you will be refunded the price of the Revival Package as soon as possible and in any event within 30 days.
- Where additional Services are recommended. If your shoes are extremely damaged and require further work (time or services) beyond the Services included in the Revival Package, in order to carry out an effective restoration we will communicate with you and advise you of this fact and of the additional quote for the work. If you decline the additional services, we will proceed to provide those Services included in the Revival Package but will not carry out the extra recommended services. If you accept the quote for the additional work, such quote to remain valid within 10 working days of our issuing it to you, we shall then confirm the booking to you. Only if and when we give you that confirmation will there be binding contract between you and us for the additional work. We shall invoice you (detailing the additional services in full and their pricing) and supply those additional services provided you pay for the additional services in accordance with our payment terms communicated to you during the online order process. This requires at least a 50% deposit, or full payment in advance, payable by debit/credit card or PayPal. The balance of any required sum following payment of a deposit will be charged once we have completed the agreed additional work. Payment is required in GBP pounds sterling (or its equivalent in accordance with the applicable exchange rate on the day the transaction is processed). If the card or payment method fails, we reserve the right to retain your shoes until full payment has been received. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary but changes in price will not affect any order that you have already placed.
- Service standards and insurance. As required by law, we will provide the Services with reasonable skill and care, consistent with best practices and standards in our industry, and in accordance with any information provided by us about the Services and about us. We have public and products liability insurance cover in the amount of £10,000,000 for any one public liability incident and £10,000,000 in the aggregate in respect of products liability.
- On average, shoes requiring cleaning or standard repair services may take up to 16 working days, whereas bespoke colour and leather restoration services take up to 14 weeks. These timings are subject to change from time to time. We will tell you the amount of time we estimate that we will need to carry out the work before we commence the Services. The amount of time that we estimate is only intended as our best estimates at the time. It will not be of the essence or an agreed fixed time. However, we will use reasonable endeavours to complete the Services in a timely manner and within time estimated. We cannot, however, be held responsible for any delays caused by an event outside of our control, or if any information or action you are required to provide or take is delayed, incomplete or otherwise incorrect.
- Delayed, incomplete or incorrect information or actions. If additional work is required by us to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, we may charge you a reasonable additional sum for that work. If you do not, within a reasonable time of us asking for it, provide us with any required information, or you provide us with incomplete or incorrect information, we may either end the contract (see section 9.1(b)) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the Services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- If you want to request a change to the Services. If you wish to make a change to any Services agreed between us please contact us. We will let you know if the change is possible. If it is possible we will let you know about any additional fees or any changes to the price of the Services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- Disclaimer. We make all reasonable efforts to ensure that all general descriptions of the Services available from us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances, including the style and condition of your shoes, the material composition and the nature of any damage. You acknowledge and agree that the Services are not a full restoration of your shoes and we will not be responsible for any pre-existing damage to shoes that cannot be restored as part of our Services. We do not warrant that all wear, tear and damage can and will be corrected but we will use all reasonable endeavours to do so provided it falls within the scope of the Services we provide as part of the Revival Package. We make no guarantees that any specific results will be achieved, or that your shoes will last a reasonable length of time after we have carried out the Services. We shall not be liable to you for any loss or damage you suffer due to your failure to follow our instructions or recommendations. Please refer to Schedule 1 (at the back of these terms) for full details of what is and what is not included within the Services provided under the Revival Package, which includes a list of excluded services. Where any of those excluded services are requested or required, we will only undertake them at our discretion and at extra cost to you (subject to your agreement to the same).
- Drop-in-store or collect. In order to receive an overview of the scope of the Services we recommend (for your approval), and a quote for any additional work recommended in accordance with section 6.4, we require you to send us your shoes. You may either drop your shoes in-store at Harvey Nichols, or request collection by us by choosing your preferred collection date and time on our online booking system at https://www.the-restory.com/booking-collection. We generally offer collection within a period of 4 days from your collection request. By making available your shoes to us you represent and warrant that you are the rightful owner of the shoes or that you have the necessary permission and full authority to appoint us to carry out the Services on behalf of the owner.
- Returning your shoes. Once we have completed the Services, we will contact you via email to arrange the return of your shoes to Harvey Nichols or to a place (and at a time) chosen by you, depending on which of these options you elected during the online order process. Please ensure that you have provided all relevant and requested information as part of this process.
- Delivery charges. Collection and return are free from and to Harvey Nichols but charges may apply in the case of collections and returns to other UK locations. Collection and return charges always apply where you are based outside the UK and you will be responsible for all international courier charges and any import/export or other taxes payable in connection with collection and return to and from non-UK locations. Delivery options and related charges will be presented to you as part of the order process. You are responsible for complying with all applicable local and international laws in connection with the delivery and receipt of your shoes and we take no responsibility for any item detained or destroyed by officials of any territory exercising its laws, policies, statues or any other legal doctrine they deem to have been violated. This may involve laws pertaining to exotic materials or counterfeit items.
- Drop and collect in–store. If you have elected to drop and collect your shoes in-store at Harvey Nichols, you can drop off and collect the shoes at any time during the store’s general opening hours, seven days a week (unless the store is operating on reduced hours or is closed during holidays periods – please check here https://www.harveynichols.com/store/ for full details of the store’s opening hours).
- Collections and returns. We reserve the right to leave parcels with doormen, concierge staff or other ostensibly authorised personnel. We shall have no responsibility for any items lost or damaged while in their care. If your shoes are not available for collection and/or cannot be returned at the time and place agreed, for example if no one is available at your address to take delivery or if you have provided an incorrect or incomplete collection/return address, we will leave you a note informing you of how to rearrange collection or delivery. We may charge you for storage costs and any costs incurred by us for further collection and delivery attempts. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and section 9.1(c) will apply.
- Responsibility for the shoes. We are responsible for the shoes once you have dropped them in-store in accordance with our instructions, or once we have collected them at the agreed time and place. Delivery shall be deemed complete and the responsibility for the shoes will pass to us once they have been delivered to us by the carrier or made available for collection as agreed. Title to the shoes will not pass to us at any point.
- No responsibility for other valuables. Please check all items and parcels sent to us and ensure they do not contain valuables including money, jewellery, dust bags or anything else of value. If we find any valuables, we will endeavour to return them to you, but we cannot guarantee this and we are not liable for the loss of any such articles.
- We are not responsible for delays outside our control. If delivery or our performance of the Services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.
- We may suspend the Services if you do not pay. If you do not pay us for the Services when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend the Services and retain your shoes until you have paid us the outstanding amounts. As well as suspending the Services we can also charge you interest on your overdue payments (see section 5.3).
- Your rights to end the contract
- Cooling off period. If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel a contract for any reason. This period begins once your order is accepted and we have sent you an order confirmation. The period ends at the end of 14 calendar days after that date. If you wish to exercise your right to cancel under this section 8, you must inform us of your decision within the cooling off period. Please use the following contract details: firstname.lastname@example.org. If the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
- If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete;
- If you cancel after provision of the Services has begun but is not yet complete you will still be required to pay for any services which have been provided up until the point at which you inform us that you wish to cancel. Any sums that have already been paid for services not received shall be refunded as possible and in any event no later than 14 days after you inform us that you wish to cancel.
- You can also end the contract if you have good reason. You have the right to end the contract for a reason set out at (a) to (e) below. In these circumstances the contract will end immediately, and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
- we change the Services or these terms to your material disadvantage;
- we have told you about an error in any prices or service descriptions and you do not wish to proceed;
- there is a risk the services may be significantly delayed because of events outside our control;
- we go into liquidation or have a receiver or administrator appointed over our assets; or
- you have a legal right to end the contract because of something we have done wrong.
- Refunds. Eligibility for refunds may vary according to the Services ordered and, before granting a refund or reduction in price, we must be given an opportunity to repeat or fix any services not performed sufficiently (or repair or replace any non-conforming goods) where possible (unless the law requires otherwise). You will be required to pay for Services supplied up until the point at which you inform us that you wish to cancel. Such sums will be deducted from any refund due to you or, if no refund is due, we will invoice you for the relevant sums. If you are cancelling due to our failure to comply with these terms or the contract, you will not be required to make any payment to us (unless such failure is due to an event outside of our control or is due to your failure to comply with any of your obligations). For the avoidance of doubt, no refunds will be provided in respect of Services which have already been performed.
- Our rights to end the contract
- When we may end the contract. We may end the contract at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with any required information that is necessary for us to provide the services;
- we are unable to contact you or re-arrange delivery or collection in the circumstances described in section 7.5 to enable us to provide the services to you; or
- due to an event outside of our control, or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases, you will only be required to pay for Services that we have already provided up until the point at which we inform you that we are cancelling the contract.
- Additional rights for us to end the contract. We may cancel the contract at any time and will give you at least 14 calendar days’ notice of such cancellation. You will only be required to pay for Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, we will invoice you for the relevant sums.
- You must compensate us if you break the contract. If we end the contract as a result of your breach of contract, we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- If there is a problem with the services
- How to tell us about problems. We always use reasonable endeavours to ensure that our Services are trouble-free. If you have any questions or complaints about the Services, please contact us. You can contact us by telephoning our consumer service team at 020 8935 5333 or by writing to us at email@example.com.
- Summary of your legal rights. Nothing in these terms will affect your legal rights. As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. Below is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
- if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable;
- if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
- Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable skill and care.
- We are not liable for business losses. We only supply the services for domestic and private use. We will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, wasted expenditure, loss of goodwill, reputation or revenue or for any indirect, consequential or economic loss or damage whatsoever arising out of or in connection with these terms or our Services.
- Exclusion of other terms. Except as expressly provided in these terms, and to the fullest extent permitted by law, no warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the satisfactory quality, fitness for purpose, or ability to achieve a particular result, of the Services is given or assumed by us, and all such warranties, conditions, undertakings and terms are hereby excluded.
- Our total liability is capped. Our total liability under these terms for any loss or damage you suffer in connection with our provision of the Revival Package and the corresponding Services will in no circumstances exceed five times the actual value of the services requested by you for that pair of shoes. This is regardless of the brand or condition of the shoes.
- Personal information and marketing
- We may use images of your shoes in our marketing. We reserve the right to take photographs of your shoes to demonstrate our capabilities to existing and potential clients and to use, reproduce, display and publicise those photographs in our marketing materials (including on our website and social media platforms), unless you contact us to ask us not to use images of your shoes in this way at firstname.lastname@example.org.
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You may not transfer your rights to someone else unless we agree. You may only transfer your rights or your obligations under these terms to another person with our written consent.
- Nobody else has any rights under this contract. This contract is between you and us. It is not intended to benefit any other person or third party in any way and no other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. 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.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and any dispute, controversy, proceedings or claim between you and us relating to these terms, or the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in this section 13.6 takes away or reduces your rights as a consumer.
Revival Package Services
Following an assessment by our team of experts we will provide those of the Services set out below which we reasonably deem are necessary and/or appropriate to yield the best result for usability and aesthetic, based on the state of your shoes when you supply them to us:
Dry or wet method cleaning for sole, laces and leather to help remove stains and marks. We use products to recondition leather to maintain its natural qualities and help protect it. If the leather requires it we provide a polish with products that give a deep condition to the material. Cleaning results cannot be guaranteed and is dependent on what has caused the stain/marks and the condition in which the product arrives.
New laces to refresh your shoes (if needed), sourced as close to the original as possible from the options available from our sourcing partners (and without guarantee that new laces will be branded).
We return your original laces.
HEEL TIP REPLACEMENT OR RE-HEEL AND/OR TOE PIECE
A heel tip replacement or a re-heel may be necessary after some wear to help ensure the shoe is protected and to increase longevity.
Toe-pieces may be required with pointed shoes and/or rounded shoes where they protect the front and top of the shoe.
Maximum 2 hours’ worth of colour, leather restoration and/or edging. This can help cover scuffs, scratches and marks. The colour is hand mixed and matched to the shoes and we will dedicate this time to the area we deem will provide the best results in the appearance of your shoes. If more than 2 hours’ worth of work is required to achieve desirable results, we will communicate with you and advise you of this fact and you will have the option of purchasing such additional services/time in accordance with section 6.4.
Disclaimer / Services not included in the Revival Package
The Revival Package is not a full restoration of your shoes and does not support exotics (exotics are defined as crocodile, alligator, stingray, sea snake, python snake, ostrich, lizard, shark, frog / toad, eel, moose, buffalo, peccary, nile tilapia fish, furs or any animal skin that does not come from bovine, pig, goat or lamb), patent (or high gloss), mirrored metallics, patterned leather or pony-skin and it does not include any of the following:
- Full sole replacement
- Sourcing new hardware or replacing or re-plating existing hardware
- Broken heel replacement or recovering
- Sourcing leather
- Replacing, refashioning or personalising the shoes in any way
- For trainers, providing a sole replacement, protective sole or a re-heel
- Conditioning or polish of suede or nubuck
We also have limited capabilities for the following:
- Fabrics – this requires special cleaning* and restoration will not be possible where any fabric has scuffed or worn away at the corners
- Vegan or plastic – these require re-etching or special cleaning*
- Ink, denim and make-up stains
- Fur, depending on the way it has been coloured, treated and processed
- Vegetable leather – this can only be special cleaned and re-edged* if the original design had edging
- Suede – this requires special cleaning and colour restoration is dependent on the condition the nap is in, as this affects how evenly the colour will be absorbed
*We are only able to provide special cleaning and re-edging for alternative leathers made from artificial PU (polyurethane).
Some of the services not included in the Revival Package may still be available on recommendation or request (for an additional cost).