Terms and Condions

Dear Customer,

Thank you for choosing Fred Butler. Set out below are our Terms and Conditions which will apply to all cleaning services provided by us to you.

Terms and Conditions of Cleaning Service ("T&C")

1. General conditions

1.1 The following T&C are applicable to all cleaning services for clothing, garments and other textiles ("Goods") provided by us ("Fred Butler") to Customer in Germany, regardless of whether the parties to a cleaning contract explicitly refer to the T&C or not.

1.2 Fred Butler hereby expressively objects to any other general terms and conditions of Customer the application of which shall be excluded. Any direct or indirect reference to Customer's conditions, if any, shall not be construed as Fred Butler's acceptance of such conditions. The T&C shall apply in place of and prevail over any terms and condition contained or referred to in any documentation submitted by Customer. Any variation from the T&C is legally binding for Fred Butler only if made in writing.

2. Cleaning Services

Fred Butler provides cleaning services to the Goods and will use either the patented and environment-friendly carbon dioxide technology or water-based technologies.

To clean the Goods with carbon dioxide, the Goods are placed in a cleaning chamber. Air in the cleaning chamber is replaced by carbon dioxide. The carbon dioxide is first injected in gaseous form. When the cleaning chamber is pressurized to a certain degree, liquid carbon dioxide is injected into the cleaning chamber. During the washing cycle, the washing basket is rotated to distribute the liquid carbon dioxide. The Goods are not heated during the cleaning process. The carbon dioxide dissolves dirt, fats, oils etc. The carbon dioxide is then pumped out of the cleaning chamber. The remaining carbon dioxide vents into the atmosphere, as the pressure is lowered. Upon the opening of the cleaning chamber the Goods are dry and at room temperature and may be further treated.

The water-based technologies used are wet cleaning and normal laundry. Wet cleaning is a new technology used for delicate garments normally cleaned by dry cleaning technology, in which the water temperature does not exceed 30 C and the agitation in the drum is gentler.

Unless otherwise requested by the Customer the Goods are finished by using finishing treatments, such as ironing, after the cleaning.

Cleaning results always depend on the characteristics of the Goods and the stains and dirt which are to be removed and the detergents available for cleaning. Therefore, Fred Butler does not warrant a certain level of cleanliness.

3. Price and Payment

3.1 The price for the provision of cleaning services is the price listed in Fred Butler's list of prices at the time of the receipts of the Goods by Fred Butler. All payments are to be made in advance. The acceptance of any Goods for cleaning without advance payment shall not be deemed as waiving the right to advance payment.

3.2 Customer shall only be entitled to a right to set-off or retention with regard to such counterclaims as are finally awarded by a court, uncontested or explicitly acknowledged by Fred Butler.

4. Conclusion of the Contract

The agreement is entered into if Fred Butler accepts the Goods offered by Customer for cleaning pursuant to Clause 5.

5. Receipt of Textiles

5.1 Prior to an acceptance Fred Butler has the right to inspect the Goods. Fred Butler may, after reasonable inspection, decline to clean the Goods, if it is apparent for Fred Butler that the cleaning methods and / or detergents available to Fred Butler are unsuitable for the cleaning of the textiles. Should Fred Butler decline the cleaning of the Goods, it has to return the Goods to Customer and refund the payment price paid.

5.2 Upon acceptance of the Goods, Fred Butler issues to Customer a voucher which includes the price for the cleaning services, the date of the receipt and an identification number for the Goods ("Cleaning Voucher") and gives Customer the date on which the Goods can be collected ("Collection Date").

6. Obligations of Fred Butler

Fred Butler is obliged to select an appropriate cleaning method for the textiles accepted by Fred Butler for cleaning. In selecting the cleaning method, Fred Butler may rely on the cleaning information provided on labels attached to the Goods, unless Fred Butler was instructed differently by Customer.

7. Obligations of Customer

7.1 Upon receipt of the Goods by Fred Butler, Customer shall inform Fred Butler of the conditions and material of the Goods and of any other peculiarities which are of material importance to the cleaning of the Goods (e.g. dirt, damages, location of stains etc.).

7.2 Customer is obliged to inform Fred Butler about the value of the Goods, if it exceeds EUR 1,000.

7.3 Customer shall remove from the Goods any object and substance prior to the receipt by Fred Butler, in particular any precious object, items of great value, metal and plastic objects and paper.

8. Return

8.1 The Goods can be collected on the Collection Date. Upon the collection of the Goods Customer has to present the Cleaning Voucher for the respective goods to Fred Butler. If Customer is unable to present the Cleaning Voucher, Fred Butler is only obliged to return the Goods if Customer can proof his right to claim the Goods in any other way.

8.2 Fred Butler may refuse the return of the Goods until Customer paid the payment price for the cleaning services.

8.3 Upon collection of the Goods, Customer is obliged to inspect the Goods for any defects and whether the Goods were properly cleaned. Customer is obliged to notify Fred Butler of any damage to the goods and any improper cleaning within a reasonable time period. Fred Butler is released from any warranty and / or liability, if Customer fails to inform Fred Butler within two weeks after collection, except if the damage or improper cleaning is non-obvious. Non-obvious damages or improper cleaning has to be notified to Fred Butler after discovery without undue delay.

8.4 Upon collection, Customer is obliged to identify the Goods and report any confusion with the Goods of a third party without undue delay, but not later than two weeks after the collection.

8.5 The goods have to be collected within 12 months after the Collection Date, unless expressively agreed otherwise in writing. If the goods are not collected within 12 months after the Collection Date and the Customer's address is not know to Fred Butler, Fred Butler may, at its own discretion, deposit, sell, auction or store the goods at Customer's expenses. The proceeds of sale or auction belong to the Customer, unless the Customer did not yet pay for the cleaning services.

8.6 Unless Customer notifies or reports any defect, damage or confusion of the Goods upon collection of the Goods, Customer has to proof to Fred Butler that the Goods were cleaned by Fred Butler and that the Goods have not been cleaned or in any other treated by a third party.

9. Warranty

9.1 Fred Butler warrants that the Goods are duly treated by the cleaning method most appropriate to the Goods and available to Fred Butler.

9.2 Any claim of Customer based on defects shall require that Customer properly fulfilled its inspection and notification duties and gave Fred Butler notice of any defects without undue delay in writing.

9.3 The warranty claims of Customer are limited to subsequent performance or subsequent improvement. Customer may only withdraw from the contract or demand a reduction of the price, if two successive attempts by Fred Butler of subsequent performance or subsequent improvement failed.

9.4 Any warranty claim is excluded, if Fred Butler informed Customer that the Goods cannot be cleaned by Fred Butler and Customer insisted on the cleaning or if Customer made upon receipt of the Goods by Fred Butler, false or misleading statements regarding the quality of the goods or other facts which are of importance for the cleaning of the Goods or such false or misleading statements were provided in the cleaning labels of the Goods on which Fred Butler could rely.

9.5 Any warranty is in particular excluded, if the Goods were defective prior to the cleaning by Fred Butler, had an unusual low durability, weaving faults, insufficient thread strength or fidelity of dyes and insufficient protection of metal objects against rust.

9.6 Customer's warranty claims for defects shall expire 12 months after the return of the Goods.

10. Liability

10.1 Any liability of Fred Butler is limited for normal wear and tear, shrinkage, loss of and damage to buttons, clasps, zippers, rubber trimming, padding or other objects attached to the Goods.

10.2 Unless Customer has informed Fred Butler of any objects left in the Goods, Fred Butler is not liable for any damage to and / or loss of these objects. Customer is solely liable for any damage caused by such objects to the property of Fred Butler or a third party.

10.3 Any limitation of liability on behalf of Fred Butler shall not apply - regardless of legal grounds and any other provision in the T&C - in the event that damage is attributable to the gross negligence or wilful misconduct on the part of Fred Butler or in the case of breach of material obligations by Fred Butler.

10.4 In the event Fred Butler is liable for damages in the absence of gross negligence or wilful misconduct or of a breach of material obligations, Fred Butler liability shall be limited to the lower of (i) the actual cash value of the Goods or (ii) fifteen times the price for the cleaning service. Fred Butler's liability for consequential damages, punitive damages, loss of profit and/or other indirect damages shall be excluded.

10.5 Damage claims in accordance with the German Product Liability Act or based on the loss of life, personal injury or prejudice to health, or in connection with a guarantee shall remain unaffected.

11. Miscellaneous

11.1 The Agreement and these General Conditions shall be governed by the laws of the Federal Republic of Germany.

11.2 The place of performance shall be the place of business of Fred Butler.

11.3 Should a provision of these T&C or the cleaning contract or a provision later on included be or become null and void as a whole or in part, or should a gap become evident, this does not affect the validity of the remaining provisions. Instead of the null and void provision, or in order to fill the gap, such valid and practicable regulation is deemed to be agreed with effect ex tunc that in legal and economic terms comes closest to what Fred Butler and Customer intended or would have intended in accordance with the purpose of the agreement if they had considered the point at the time of conclusion of the agreement. If the nullity of a provision is due to a degree of performance or time (period or deadline) laid down in this provision, then the provision is deemed to be agreed with a legally permissible degree that comes closest to the original degree.