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Service Agreement and Terms of Use

Last Updated August 18, 2020

Access to and use of (the site) is governed by the terms of use (terms of use) set forth below, as well as any applicable laws, statutes, ordinances and regulations. By accessing this site, you agree to be bound by the terms of use. If you do not agree to the terms of use, please do not use this site. Each time you use the site, the current version of the terms of use will apply. Accordingly, when you use the site, you should check the date of the terms of use (which appears at the top) and review any changes since the last version.

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire website.

1. Intellectual property rights

The materials located on the site, including, without limitation, the text, graphics, and all other audible, visual, and downloadable materials, as well as the selection, organization, coordination, compilation, and overall look and feel of the site (collectively, the content) are the property of Midas Restore or its licensors or designees and are protected by copyright, trademark and other intellectual property laws. All right, title and interest in and to the content are owned, licensed and/or controlled by Midas Restore. You may download one computer copy or print one copy of the content on this site for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Any other copying, redistribution, retransmission, publication, uploading or modification of any of the content is strictly prohibited without the express written consent of Midas Restore.

2. Privacy statement

Midas Restore is committed to protecting the privacy of the users of its site. For information on how information is collected, used or disclosed by Midas Restore in connection with your use of this site, please consult our privacy policy.

3. Links to other websites

This site may contain links to websites operated by other people or companies. Please be aware that Midas Restore is not responsible for the content, functionality or privacy practices of those websites.

4. Prohibitions

You must not misuse this website. You will not commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm or logic bomb or post material that is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision will constitute a criminal offence under the Computer Misuse and Cybersecurity Act. Any such breach shall be reported to the relevant law enforcement authorities, and your identity shall be disclosed to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

5. Submissions

Midas Restore does not want to receive confidential or proprietary information from you through our site. Any communication or material you transmit to the site by electronic mail or otherwise, excluding personally identifiable information about yourself, including, but not limited to any questions, comments, suggestions or the like will be treated as non-confidential and non-proprietary by Midas Restore. By transmitting such communications, you automatically grant the Midas Restore a royalty-free, perpetual, irrevocable non-exclusive license to use reproduce, modify, publish, edit, translate, distribute, perform, and display such material(s) alone, or as a part of other works in any form, media, or technology whether now known or hereafter developed and to sublicense such rights to anyone. Anything you transmit may be used by the Midas Restore for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products or services using such information. 

6. Final sale 

All restoration services (bag, shoes, luggage) and procedures to be executed to your item are FINAL SALE. All work performed cannot be undone and returned back to its original state. All orders require full prepaid payment before we can proceed with the work.

7. Job time frame

Work completion time-frames are estimates and not guarantees as to when work on your leather good will be complete. We will constantly communicate with you about the restoration status of your personal item.

8. Terms of sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions:

All orders are subject to availability and confirmation of the order price, which may differ from in-store price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

Midas Restore retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party that you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

A contract between us will not be formed until we send you a confirmation by email that we have received payment in full and the goods that you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

Whilst we try to ensure that all details, descriptions and prices that appear on this website are accurate, errors may occur. If we discover an error in the price of any goods that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Promotional discount codes – We may from time to time offer promotional discount codes that may apply in respect of any, or certain specified, purchases made through this website. Only one promotional discount code can be applied to an order. The conditions of use relating to any discount code will be specified at the time of issue.

9. Disclaimer of warranties

We cannot guarantee that all services performed (restoration, repairs, cleaning, alterations, dying, stretching, etc.) will meet item(s) original condition but we always do our best to achieve service orders from customers. We exercise the utmost care in processing all items entrusted to us and use such processes which, in our opinion, are best suited to the nature and condition of each individual item.

a. Cleaning

  • May cause all material types to become tender, stiff, brittle and may cause some buckling and peeling

  • Shrinkage of all material types is unpredictable and may occur

  • Changes in shades or top finish may occur on all material types

  • Insect bites and scars on leather skins, which were covered over by the manufacturer, could show afterward

  • Breaks and skin lines may become more apparent

  • Unevenly matched skins are common and may appear more uneven post-cleaning

  • May cause bleeding on all material types, which in turn, causes a change of color

  • May cause hardware pieces to bleed onto all material types and may stain material

  • Color from polishing/touch-up work may rub onto clothing due to excessive friction

  • Any pre-existing natural or metallic embossing on your item (brand logo, monogram, initials, etc.) may fade or no longer be visible after cleaning. 

b. Coloring

  • We cannot guarantee that the color will match exactly to the given swatch

  • Certain imperfections in the construction of the item may become visible after the item is dyed

  • The dyed color will look different when viewed in different types of lighting

  • Pleats, bows, rhinestones and embellishments may not dye the same color as the satin

  • If the item is worn in the rain or comes in contact with water the color may come off and/or bleed onto a material 

c. Shoe Stretching

  • May cause some wrinkling, buckling and peeling

  • Slight changes in shades or top finish may occur on all material types

  • Stretching the width may or may not give you more room in the length

  • Stretching may cause some imperfections on the innersole and/or lining

If you access this site or any material available through this site, you do so at your own risk. The site is provided “as is”. Midas Restore makes no representation or warranty of any kind whatsoever to you or any other person relating in any way to the site. Midas Restore disclaims to the maximum extent permitted by law, any and all such representations and warranties. Without limiting the generality of the foregoing, Midas Restore disclaims to the maximum extent permitted by law any and all warranties, express or complied, including, without limitation, any (i) warranties of merchantability or fitness for a particular purpose, (ii) warranties against infringement of any third party intellectual property or proprietary rights, (iii) warranties relating to delays, interruptions, errors, or omissions in the site, or any part thereof, (iv) warranties relating to the transmission or delivery of the site, (v) warranties relating to the accuracy or correctness of data, and any other warranties otherwise relating to performance, nonperformance, or other acts or omissions by Midas Restore. Further, and without limiting the generality of any of the foregoing, there is no warranty that the site will meet your needs or requirements or the needs or requirements of any other person. In addition, you acknowledge and agree that Midas Restore ’s warranty does not cover telecommunications or internet outages caused by third parties or otherwise outside of Midas Restore ’s control. Services may be limited by many factors, including inherent risks of the internet. Midas Restore ’s liability is limited to the greatest extent permitted by law.

10. Shipping and Logistics

The packaging and shipping of our mail-in repair orders are done by our shipping partner. All our repairs are carefully checked, recorded and packaged professionally to ensure the safe delivery of your item(s) before they are handed over to our delivery partner. You can choose to sign for your order upon arrival. This ensures your item(s) are safely delivered to you. This option is best for customers who prefer the security of a signed delivery. Alternatively, you may prefer to waive the signature requirement and the delivery partner will leave your shipment outside of the premises for your convenience. Please note, orders containing items of high value may require a signature, even if you did not select to sign for your order on arrival. We realize this may be inconvenient but we would like to ensure that your items arrive securely. Shipping charges are non-refundable. Once your order has left us, you will receive an email containing a tracking number to track its progress online. Midas Restore is not liable for packages damaged or lost by mailing carriers and shipping partners.

11. Pick-Up

Your pick-up item(s) must be packaged carefully and a copy of your repair estimate must be included. If you are not able to print your estimate, you can simply just include your estimate number with the item(s). If the estimated number or contact information is missing, it will cause a delay with your repair. If the information provided on your account for your scheduled pick-up is incorrect, or items are not left for pick-up on the designated date/time, you will need to resubmit your request and follow the appropriate steps to reschedule your pick-up for the next available pick-up date/time. You will be re-charged for the pick-up/delivery service. Please double-check that all your account information is correct to mitigate rescheduling needs. Standard pick-up hours are 9am to 4pm Monday - Sunday, but are subject to change due to unusual circumstances such as weather, traffic and/or vehicle breakdown. If unusual circumstances make it impossible to pick-up your order during the scheduled day, it will be picked up on the next business day. Midas Restore is not liable for any loss or damage to items that are held or awaiting our pick-up

12. Delivery

Someone must be present at the address to accept/sign for your item(s) or items will not be delivered and will be rescheduled for the next available date; a re-delivery fee will apply. All deliveries require a signature. If the information provided for delivery, payment and/or ticket number(s) is incorrect we will need the correct information to be resubmitted which may affect our expected delivery date. Please double-check that all your information is correct. Please make sure to provide us with any special instructions if there are any. Hours of delivery are from 10am to 8pm for residential addresses and 10am to 5pm for commercial addresses but can change due to unusual circumstances such as weather, traffic, and/or vehicle breakdown. If unusual circumstances make it impossible to deliver your order during the scheduled day, it will be re-delivered on the next business day. Midas Restore is not liable for packages damaged or lost by mailing carriers and shipping partners. 

13. Limitation of liability

In no event will Midas Restore or its affiliates or any party involved in creating, producing or delivering this site be liable in any manner whatsoever for any incidental, consequential, indirect, special or punitive damages arising out of your access, use or inability to use this site, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure (including lost profits, loss of business or data, business interruption, and damages that result from the inaccuracy of the information or inconvenience, delay, or loss of the use of the site). 

Midas Restore is not liable for any items and/or retail products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim 

Midas Restore reserves the right to alter the content of this site in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes.

The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence strict liability, or any other basis, even if Midas Restore or its affiliates or any other party has been advised of the possibility of such damages. 

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Midas Restore ’s liability in such jurisdictions shall be limited to the extent permitted by law.

14. Storage and Unclaimed Items

After one (1) month from the completion date, items not picked-up are sent to storage, for a fee of Php 500 per month for up to six (6) months. After six (6) months in storage, items are disposed of at our own discretion. 

15. Returns and Refunds

There are no refunds on any/all repairs, cleaning, alterations, dyeing, stretching, etc. All procedures are final sale. All work performed cannot be undone and returned back to its original state. It is the customer’s responsibility to check their service order for any discrepancies. Midas Restore must be alerted within 24 hours of booking for any customer requests for changes to item(s). Items returned to re-stretch must be within two (2) weeks from dated pick-up. However, when a product arrives and it is irreparable, or when a customer cancels the order within 48 hours before the booking pick up schedule we would refund the entire amount. On the rare occasion that the product is damaged beyond repair or restoration or lost the company will pay 5x of the bill value or up to Php 10,000.

16. Indemnification

You agree to indemnify, defend and hold harmless the Midas Restore , its respective successors, assigns, affiliates, distributors, licensees and their past and present officers, directors and employees, representatives, and agents from and against any suit, claim, liability, or proceeding in connection with any third party claim due to or arising out of your violation of these terms of use. 

17. Severability and integration 

These terms of use constitute the entire agreement between you and Midas Restore regarding the use of this site, superseding any prior or contemporaneous communications and proposals between you and Midas Restore. If any provision of these terms of use shall be deemed unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. 

18. Termination

You acknowledge and agree that Midas Restore, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to all or part of this site, and remove and discard any information or content or any of the site, for any reason. You further agree that Midas Restore shall not be liable to you or to any other person as a result of any such suspension or termination.

19. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

20. Governing law and forum

These terms of use along with Midas Restore ’s privacy policy shall be governed and construed in accordance with the laws of the Philippines, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue in the Philippines and Metro Manila. Any cause of action by you with respect to the site, the terms of use, the privacy policy, or any content or related services must be instituted within six (6) months after the cause of action arose or shall be forever waived and barred.

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