Question
Sandy took her clothes to Wash and Shop (WS), a laundry shop in Wan Chai. Terry, the shop assistant did not inform Sandy of the
Sandy took her clothes to "Wash and Shop" ("WS"), a laundry shop in Wan Chai. Terry, the shop assistant did not inform Sandy of the Terms and Conditions displayed on the wall, nor did she notice the terms displayed on the counter, as she was busy answeringher husband's call. Sandy was asked to sign a form to acknowledge she left 5kg of laundry and one downs jacket to be cleaned. Sandy asked Terry what the consequences of signing the form would be. Terry replied that the form merely included an exclusion clause for damage caused to buttons and zips on the garments. However, the reality was that the exclusion clause pertained to all possible damages that may be caused (the terms displayed on the wall and counter were the same as the terms on the form that Sandy signed). Sandy signed the form without reading it.
Sandy also wanted to buy a bottle of detergent for her pashmina and she asked Terry if they had a Japanese product called -"Kirei Magic", a type of detergent for wool. She heard that this was a good detergent that left the pashmina clean and soft. Terry said the shop did not have such product, but he knew someone who could sell it to her. Terry gave Sandy a contact number and asked her to get in touch with Lewis who could help her buy this product. Sandy called Lewis and ordered 3 bottles of Kirei Magic. Sandy transferred the money to Lewis and gave him the delivery address. In fact, both Terry and Lewis knew Sandy wanted the Japanese Kirei Magic", but Lewis sold a similar product with the same name, produced by another manufacturer in Vietnam. They deliberately concealed this information from Sandy and three bottles of Kirei Magic from Vietnam were delivered to Sandy's address. A few days later, Sandy returned to pick up her clothes from WS, her downs jacket was torn, and the zip was broken. WS sought to rely on the exclusion clause printed on the back of the form.
Advise Sandy as to her rights against Terry, Lewis and WS.
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