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Welcome to the Harper & Harper Website Terms and Conditions
for use. These Terms and Conditions apply to the use of this Website
at www.harperandharper.co.uk. By accessing this Website and/or placing
an order, you agree to be bound by these Terms and Conditions.
Using this Website indicates that you accept these Terms regardless
of whether or not you choose to Register with us or order from us.
If you do not accept these Terms, please do not use this Website.
The www.harperandharper.co.uk website is operated by:
Harper & Harper, a partnership, whose registered office is at:
36 Priory Road
Shirehampton
Bristol
BS11 9TD
England
General email: info@harperandharper.co.uk
Telephone number: 0117 9092114
Introduction
You will be able to access most areas of this Website without registering
your details with us.
We may revise these terms and conditions at any time by updating
this posting. You should check this Website from time to time to
review the then current terms and conditions, because they are binding
on you. Certain provisions of these terms and conditions may be
superseded by expressly designated legal notices or terms located
on particular pages of this Website. If you do not wish to accept
any new terms and conditions after we have given notice, you should
not continue to use this Website.
Placing an order
We accept online payment in a secure environment using PayPal.
PayPal automatically encrypts your confidential information in transit
from your computer to theirs using the Secure Sockets Layer protocol
(SSL) with an encryption key length of 128-bits (the highest level
commercially available). Before you even register or log in to the
PayPal site, their server checks that you're using an approved browser
- one that uses SSL 3.0 or higher.
We will send you an order acknowledgement, detailing the products
you have ordered. Our acceptance of an order takes place when we
despatch the order. We will send you a despatch confirmation by
email. When we despatch the order the purchase contract will be
made even if your payment has been processed immediately, unless
we have notified you that we do not accept your order or you have
cancelled your order.
We may refuse to accept an order:
- where goods are not available;
- where we cannot obtain authorisation for your payment;
- if there has been a pricing or product description error; or
- if you do not meet any eligibility criteria set out in our
terms and conditions.
Title of the goods does not pass to the Customer until payment
is received in full.
Pricing
All prices quoted on this website are accurate at the time of publication
and are quoted in pounds sterling and will not have additional UK
sales tax (VAT) added. Any customs or import duties levied once
the package reaches your destination country will be your responsibility
as we have no control over these charges and cannot predict them.
We may charge separately for packing, carriage and insurance and
other relevant charges. The appropriate rates are set out in our
specified pricing structure shown elsewhere on this Website.
Our prices are subject to change without notice.
Carriage
The cost of delivering the products you buy will be calculated on-line
and you will be notified before you complete the purchase.
Distance Selling Regulations
Under the Distance Selling Regulations you are entitled to cancel
your order and obtain a refund. You may do this by notifying us
in writing at anytime after making the order and up to 14 working
days beginning with the day on which you received the goods.
Once delivered, the item has to be returned complete, in perfect
condition, unworn, and with the original packaging. Once we have
received the returned item undamaged, payments made by you will
be refunded in full within 30 days.
To cancel your order you may email us at: info@harperandharper.co.uk
36 Priory Road
Shirehampton
Bristol
BS11 9TD
England
You must take reasonable care of the products which are subject
to cancellation and not use or wear them. You may send them back
to us or we can arrange for them to be collected. We will make a
charge for the cost of collecting the order. The right to cancel
under the Distance Selling Regulations does not apply to goods which
are made to your specification, or are personalised, or by reason
of their nature cannot be returned or are liable to deteriorate
or expire rapidly.
Cancellation and Returns Policy
If you wish to cancel your order:
- you can notify us by email to info@harperandharper.co.uk
before we have dispatched the goods to you; or
- where goods have already been dispatched to you, by returning
goods to us in accordance with the clause below.
You can return goods you have ordered from us for any reason at
any time within 14 days of receipt for a full refund or exchange.
The costs of returning goods to us shall be borne by you.
Upon receipt of the goods, provided that the items are returned
complete, in perfect condition, unused and with the original packaging
we will give you a full refund of the amount paid or an exchange
credit as required.
The rights to return the goods to us as referred above will not
apply in the following circumstances - in the event that the product
has been used or worn. The provisions of this clause do not affect
your statutory rights.
We reserve the right to cancel items ordered or an entire order
for any reason whatsoever and will refund the full price paid for
each cancelled item. In such circumstances we will make every effort
to contact you without delay to explain why a cancellation was necessary.
Trade or large volume orders may also be excluded from cancellation
but the purchaser will be made aware of this prior to the order
being accepted.
Returns Process
For all returns, except where the item is faulty, you will be required
to arrange and pay for the return of the products to us. To return
any products to us, please send to:
36 Priory Road
Shirehampton
Bristol
BS11 9TD
England
The parcel and its contents are your responsibility until they
reach us. We will not be responsible for broken or damaged returned
jewellery. When returning items you are strongly recommended to
send them registered post and retain proof of postage. We advise
you to ensure the goods are adequately packaged and insured during
their return journey as we cannot accept responsibility for parcels
lost in transit. We will only refund or provide an exchange for
the costs of postage where the item returned is faulty. If the goods
are found not to be defective they will be returned to you and you
will then be charged for any administration and return carriage
costs.
The cost of returning goods is at your expense. Failure to comply
with this may result in full liability for the order value and any
additional expenses incurred. Your statutory rights are not affected.
We shall refund the total amount of money paid by you for the goods,
less any costs to collect the goods if required, within 30 days
starting with the day on which we receive notice of cancellation
in writing from you and subject to the goods being correctly returned
as detailed above.
Delivery
We will process your order as quickly as possible however our products
are hand made and the quoted delivery times are approximate as delays
associated with availability and delivery of the raw materials may
be outside our control. Each product may be dispatched individually
to prevent delays to the entire order by waiting for remaining products.
In the unlikely event that the entire order cannot be fulfilled
- any outstanding products will be refunded in full. We will not
be responsible for any other losses due to not supplying the goods.
From the moment a carrier attempts to deliver the goods they are
the customer's responsibility and the customer has to accept the
goods when they are ready to be delivered.
Where the Customer does not comply with our attempts to deliver
the goods we may, at our discretion, cancel the entire or part of
the order and charge the Customer for storage, shipping and insurance
of the goods and make a charge for any shortfall in subsequent sale
price.
Damaged Products
We ensure all our products are appropriately packaged. If the products
are damaged during carriage then we will replace them or offer you
a refund. If the packaging looks damaged make a note on the delivery
note and state ‘package damaged – goods not seen’
before signing. We will not charge you for the return of the damaged
product as long as you use a reputable carrier (confirm the carrier
with us before you return the product).
Guarantee
We take every care to ensure that the description and specification
of our products are correct. However, while the colour reproduction
of the products is a close representation, we cannot accept any
responsibility for any variation in colour caused by the browser
software or computer system used by you. We endeavour to display
through this website all items in our current range. The jewellery
is hand made and hand finished so a slight variation in colour,
size and shape may occur which makes each item individual. All products
have been fairly described and the colours and dimensions given
are approximate only.
Harper & Harper do not accept liability in respect of any defects
from accidental damage, handling and wear of our products.
Our products are guaranteed for 12 months against any defects in
design and material from date of purchase with the exception of
defects caused through the above clause.
All dates quoted for delivery are estimated delivery dates only
and may be subject to change and we can accept no liability for
any loss or damage (whether direct or indirect) for delivery at
any time other than the estimated date for delivery.
Security
When you order, we collect personal information such as your name,
e-mail address, delivery address, telephone number. Your credit
or debit card number and the card's expiry date is not collected
or known by us, as we use PayPal to collect fees on behalf of us,
we will not at any time ask for these details. This allows us to
process and fulfil your order and to notify you about the status
of your order.
Data Protection
Harper & Harper does not share any personal customer information
with third parties. We do not sell our database of customers to
anyone. Information on our customers remains confidential to Harper
& Harper. We are committed to protecting your privacy. We will
only use the information that we collect about you lawfully (in
accordance with the Data Protection Act 1998).
We collect information about you for 2 reasons: firstly, to process
your order and second, to provide you with the best possible service.
We will not willfully disclose this confidential information without
your consent as we are committed to protecting your privacy. Your
details will not be knowingly passed to a third party for their
use in promotional purposes. Your details may be passed to a third
party for the purposes of processing orders.
Customer Services
We want you to be completely satisfied with the products you have
ordered. If you are unhappy with any element of your experience,
please either call on 0117 9092114 or e-mail us at info@harperandharper.co.uk.
Our website is our brochure and features all the products that
we have available to buy online. If you require any further information,
or wish to purchase a bespoke item of jewellery please contact us
and we will be more than happy to assist you.
Licence
You are permitted to print and download extracts from this Website
for your own use on the following basis:
- no documents or related graphics on this Website are modified
in any way;
- no graphics on this Website are used separately from accompanying
text; and
- any of our copyright and trade mark notices and this permission
notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property
rights in all material on this Website (including without limitation
photographs and graphical images) are owned by us or our licensors.
For the purposes of these terms and conditions, any use of extracts
from this Website other than in accordance with the above clause
for any purpose is prohibited. If you breach any of the terms in
these terms and conditions, your permission to use this Website
automatically terminates and you must immediately destroy any downloaded
or printed extracts from this Website.
Subject to the above mentioned clause, no part of this Website
may be reproduced or stored in any other website or included in
any public or private electronic retrieval system or service without
our prior written permission.
Any rights not expressly granted in these terms are reserved.
Service Access
While we endeavour to ensure that this Website is normally available
24 hours a day, we will not be liable if for any reason this Website
is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for
reasons beyond our control.
Visitor Material and Conduct
Other than personally identifiable information, which is covered
under the Privacy Policy,
any material you transmit or post to this Website will be considered
non-confidential and non-proprietary. We will have no obligations
with respect to such material. We and our nominees will be free
to copy, disclose, distribute, incorporate and otherwise use such
material and all data, images, sounds, text and other things embodied
therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this
Website any material:
- that is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous,
in breach of confidence, in breach of privacy or which may cause
annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or
approvals;
- which constitutes or encourages conduct that would be considered
a criminal offence, give rise to civil liability, or otherwise
be contrary to the law of or infringe the rights of any third
party, in the UK or any other country in the world; or
- which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation,
by hacking). We will fully co-operate with any law enforcement authorities
or court order requesting or directing us to disclose the identity
or locate anyone posting any material in breach of the above clauses.
Links to and from other websites
Links to third party websites on this Website are provided solely
for your convenience. If you use these links, you leave this Website.
We have not reviewed all of these third party websites and do not
control and are not responsible for these websites or their content
or availability. We therefore do not endorse or make any representations
about them, or any material found there, or any results that may
be obtained from using them. If you decide to access any of the
third party websites linked to this Website, you do so entirely
at your own risk.
If you would like to link to this Website, you may only do so on
the basis that you link to, but do not replicate, the home page
of this Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance
of the Harper & Harper logo;
- you do not create a frame or any other browser or border environment
around this Website;
- you do not in any way imply that we are endorsing any products
or services other than our own;
- you do not misrepresent your relationship with us nor present
any other false information about us;
- you do not otherwise use any Harper & Harper trade marks
displayed on this Website without our express written permission;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual property
rights or other rights of any other person or otherwise does not
comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this
clause for breach of these terms and to take any action we deem
appropriate. You shall fully indemnify us for any loss or damage
we or any of our group companies may suffer or incur as a result
of your breach of the above clauses.
Disclaimer
While we endeavour to ensure that the information on this Website
is correct, we do not warrant the accuracy and completeness of the
material on this Website. We may make changes to the material on
this Website, or to the products and prices described in it, at
any time without notice. The material on this Website may be out
of date, and we make no commitment to update such material.
The material on this Website is provided “as is” without
any conditions, warranties or other terms of any kind. Accordingly,
to the maximum extent permitted by law, we provide you with this
Website on the basis that we exclude all representations, warranties,
conditions and other terms (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose and
the use of reasonable care and skill) which but for these terms
and conditions might have effect in relation to this Website.
Liability
We, any other party (whether or not involved in creating, producing,
maintaining or delivering this Website), and any of our group companies
and the officers, directors, employees, shareholders or agents of
any of them, exclude all liability and responsibility for any amount
or kind of loss or damage that may result to you or a third party
(including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income, profits, goodwill,
data, contracts, use of money, or loss or damages arising from or
connected in any way to business interruption, and whether in tort
(including without limitation negligence), contract or otherwise)
in connection with this Website in any way or in connection with
the use, inability to use or the results of use of this Website,
any websites linked to this Website or the material on such websites,
including but not limited to loss or damage due to viruses that
may infect your computer equipment, software, data or other property
on account of your access to, use of, or browsing this Website or
your downloading of any material from this Website or any websites
linked to this Website.
Nothing in these terms and conditions shall exclude or limit our
liability for (i) death or personal injury caused by negligence
(as such term is defined by the Unfair Contract Terms Act 1977);
(ii) fraud; (iii) misrepresentation as to a fundamental matter;
or (iv) any liability which cannot be excluded or limited under
applicable law.
If your use of material on this Website results in the need for
servicing, repair or correction of equipment, software or data,
you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers,
directors, employees and agents, harmless from and against all claims,
liability, damages, losses, costs (including reasonable legal fees)
arising out of any breach of the terms and conditions by you, or
your use of this Website, or the use by any other person using your
registration details.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in
accordance with English law. Disputes arising in connection with
these terms and conditions shall be subject to the exclusive jurisdiction
of the English courts.
We do not warrant that materials/items for sale on the Website
are appropriate or available for use outside the United Kingdom.
It is prohibited to access the Website from territories where its
contents are illegal or unlawful. If you access this Website from
locations outside the United Kingdom, you do so at your own risk
and you are responsible for compliance with local laws.
A contract between the customer and Harper & Harper for the
sale of our products will only exist once an order has been accepted,
processed and despatched. This does not affect the customer's statutory
rights.
Prices and availability of goods is subject to change without notice.
A delivery charge will be added to your order value.
Copyright
All website design, text and graphics are Copyright © 2007 Harper
& Harper All rights reserved.
Miscellaneous
You may not assign, sub-license or otherwise transfer any of your
rights under these terms and conditions.
If any provision of these terms and conditions is found by any court
of competent jurisdiction to be invalid, the invalidity of that
provision will not affect the validity of the remaining provisions
which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce
them under the Contracts (Rights of Third Parties) Act 1999.
Trade enquiries welcome. Please contact Harper & Harper for
further information.
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