General Terms and Conditions
General Terms and Conditions
Article 1: Definitions
In these terms and conditions, the following definitions apply:
Reflection period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, one or more techniques for distance communication are exclusively used up to and including the conclusion of the contract;
Technique for distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same space.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2: Identity of the Entrepreneur
Harrington-London
KVK = 91080061
VAT number = NL004864316B45
Article 3: Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, then in deviation from the previous paragraph and before the contract is concluded, the text of these general terms and conditions can be provided to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer upon request either electronically or in another manner.
In the event that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs shall apply accordingly and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms shall otherwise remain in force, and the relevant provision shall be replaced by a provision that reflects the intent of the original as closely as possible.
Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions should be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4: The Offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the agreement.
Images accompanying products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
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the price, excluding customs clearance fees and import VAT. These additional costs will be at the customer’s expense and risk. The postal and/or courier service will use the special scheme for postal and courier services with regard to the import. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly together with any clearance costs charged) from the recipient of the goods;
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any shipping costs;
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the manner in which the agreement will be concluded and which actions are required for this;
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whether or not the right of withdrawal applies;
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the method of payment, delivery and execution of the agreement;
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the term for accepting the offer, or the period within which the entrepreneur guarantees the price;
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the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the communication medium used;
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whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
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the way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided in the context of the agreement;
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any other languages in which, besides Dutch, the agreement can be concluded;
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the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and
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the minimum duration of the distance agreement in the event of a continuing transaction.
Optional: available sizes, colors, types of materials.
Article 5: The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may (within legal frameworks) assess whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly concluding the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
With the product or service, the entrepreneur shall send the following information to the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
• the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
• the conditions under which and the way in which the consumer may use the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
• the information about warranties and existing after-sales service;
• the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6: Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without giving any reason for a period of 14 days. This reflection period starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product.
During the reflection period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all delivered accessories and (if reasonably possible) in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The notification must be made via a written message/email. After the consumer has indicated they wish to use their right of withdrawal, the product must be returned within 14 days. The consumer must prove that the delivered items have been returned on time, for example by means of proof of shipment.
If the consumer has not made it known within the periods referred to in paragraph 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7: Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall reimburse this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received by the online retailer or conclusive proof of complete return can be provided.
Article 8: Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products:
• that have been created by the entrepreneur in accordance with consumer specifications;
• that are clearly of a personal nature;
• that by their nature cannot be returned;
• that can spoil or age quickly;
• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software whose seal has been broken by the consumer;
• for hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
• concerning lodging, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
• whose delivery has begun with the explicit consent of the consumer before the reflection period has expired;
• concerning bets and lotteries.
Article 9: The Price
During the period of validity stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. The binding to fluctuations and the fact that any mentioned prices are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
• they result from legal regulations or provisions; or
• the consumer has the authority to cancel the agreement as of the day on which the price increase takes effect.
The place of delivery, pursuant to Article 5(1) of the Dutch VAT Act 1968, is the country where the transport begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT or clearance fees from the buyer. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10: Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period is equal to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the entrepreneur's instructions and/or the packaging;
The inadequacy is entirely or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11: Delivery and Execution
The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.
The place of delivery shall be the address that the consumer has communicated to the company.
Subject to what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur shall make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.
Article 12: Continuing Transactions: Duration, Termination and Renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at any time at the end of the specified term, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
at any time and not be limited to termination at a specific time or during a specific period;
at least in the same manner as they were entered into;
with the same notice period that the entrepreneur has stipulated for themselves.
Renewal
A fixed-term agreement that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specified duration.
By way of derogation from the previous paragraph, a fixed-term agreement that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed term.
Article 13: Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of a service agreement, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In case of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the consumer reasonable costs made known in advance.
Article 14: Complaints Procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at their discretion, either replace or repair the delivered products free of charge.
Article 15: Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
Privacy Policy
Harrington-London respects your privacy. We fully comply with the Data Protection Act and the Telecommunications Act. In this Privacy Policy, you can read what personal data we collect and how we store, protect, and use your personal data. Furthermore, you can read for what purposes we use your personal data and with whom your data is shared.
What does this Privacy Policy apply to?
This Privacy Policy applies to your use of the Harrington-Londen.com website and the mobile application "Apps" offered under the name Harrington-Londen.com, and all products and services we offer you through our Websites and/or Apps.
Personal data
In this Privacy Policy, your "personal data" means information or pieces of information that could identify you as an individual.
Your consent
Harrington-London will not collect, use or disclose your personal data without your prior consent. Therefore, we ask you to agree to this Privacy Policy before using our Websites or Apps.
Which personal data do we process?
Your personal data may be collected in various ways, for example when you visit our Websites, register on our Websites, place an order, subscribe to the newsletter, fill in a form, contact us or use our services.
We also process your IP address, the history of your transactions, payment details, browser language and (if you have given us permission) your geolocation.
Additionally, we may process non-personal data when you interact with our websites. This data may include your browser name, type of computer, and technical information about your means of connection to our websites (such as the operating system and internet service providers used).
How do we use your personal data?
We use and process the personal data you have provided us for the purposes described below.
- We use your email address to send you information and updates about your order. We may also send you information about topics that may be of interest to you. You can unsubscribe from these services at any time.
- We use information about your browser language, IP address, and geolocation to communicate with you in a language you understand and to show you content relevant to the country you live in.
- In cases of fraud, we will share your personal data with the victim to enable them to file a police report. We will not share more data than necessary for the report, and we will notify you in advance when we share your data for this purpose.
With whom do we share your personal data?
Harrington-London does not sell, trade, or rent personal data to third parties.
External service providers
To provide our services, we need to share data with other service providers.
For payments via our websites, we use services from third parties, such as payment gateways and other payment transaction processors. These third parties are contractually obligated not to use this data for other purposes than executing the payment.
Generic aggregated (non-personal) data
We may share generic aggregated data with our business partners, trusted affiliates, and advertisers. In such cases, the data is completely anonymized.
How do we protect your personal data?
We protect your personal data against unauthorized or unlawful access, modification, disclosure, use or destruction. We encrypt our services using SSL, the data is only accessible via a secure password and digital signatures, and our employees only have access to your data on a need-to-know basis. We use appropriate practices for collecting, storing, and processing data.
Cookies
We may use cookies to enhance your experience when using our websites. A cookie is a small text file that contains a string of characters that can be placed on your device when you visit a website. This text file uniquely identifies your browser or device. When you revisit our websites, the cookie enables our websites to recognize your browser or device. You can change your cookie settings in your browser if you do not want cookies to be sent to your device. Please note that some website features or services may not function properly without cookies.
We use the following types of cookies on our websites:
Technical cookies: these are essential for the functioning of our Websites, allowing you to navigate our Websites and use our features.
Analytical/statistical cookies: we use these cookies to track visitor statistics. We use these statistics to continuously improve our websites and emails, and to offer you relevant content. These cookies also allow us to recognize and count the number of visitors and see how visitors navigate our websites. This helps us improve user navigation and ensure users more easily find what they need.
Tracking cookies: these cookies monitor click behavior and browsing behavior. With these cookies, we can see if and when you view your profile and if you click through to our websites.
Third-party websites
You may find advertisements or other content on our websites that link to the websites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. We have no control over the content or links appearing on these websites and are not responsible for the practices of websites linked to or from our websites. These websites and services may change constantly, including their content and links. These websites and services may have their own privacy policies and customer service policies. Browsing and interacting on other websites, including websites that are linked to our websites, are subject to the terms and policies of those websites.
Changes to this Privacy Policy
We may update our Privacy Policy from time to time. When we make significant changes to this Privacy Policy, we will post a notice on our Websites along with the updated Privacy Policy. We may also notify you via your email address and ask you to accept the updated Privacy Policy before you can continue using our Apps and Websites.
You have the right to inform us if you:
- do not want to be contacted by us in the future;
- would like a copy of the personal information we have processed about you;
- would like us to correct, update or delete your personal data in our records;
- want to report any misuse of your personal data.
If you have questions, comments, or concerns about how we handle your personal data, please contact us.
Please note that you can also view, edit, or delete your personal data by logging into your personal account.
Return Policy
If for any reason you are not satisfied with the order you received, we kindly ask you to contact us. At Harrington-Londen, our goal is to ensure that our customers are 100% satisfied with the products they purchased from our suppliers. If you are not satisfied, do not hesitate to contact us so our team can assist you immediately.
How can you return (part of) your order?
If you decide to return products to us within the 30-day reflection period, we will refund the full order amount within five working days after receiving the returned product. However, please note that return shipping costs cannot be reimbursed.
Follow these steps to return your product(s):
• Send an email to InfoHarringtonLondon@gmail.com stating that you wish to return your order or part of it.
• Wait for a response from our customer service to confirm whether we can accept your return.
• If your return is accepted, we kindly ask you to carefully and securely pack the product, preferably in the original packaging.
• Send the package to the return address provided by our customer service.
• Inform our customer service of the Track & Trace code.
• Once the package is received and checked, we will refund the order amount for the returned products via the original payment method.
Unfortunately, the following products cannot be returned:
• Sealed products where the seal has been broken.
• Products made to the consumer's specifications.
• Products of a personal nature.
• Products that cannot be returned due to their nature.
• Due to COVID-19 hygiene measures, products in the "Beauty," "Kids & Baby," and "Sport" categories cannot be returned.
Return address:
The return address we use comes from our supplier. Returns must first be emailed to InfoHarringtonLondon@gmail.com to receive a return form.
Cancellation of placed orders
Unfortunately, it is not possible to cancel your order. Our orders are processed directly in the system, making cancellation no longer possible.
Damaged products upon receipt
We’re sorry! It may happen that your product was damaged during transport. If you received a damaged or incorrect product, please contact us within 30 days of receipt. After this period, returns can no longer be accepted.
To resolve the issue as quickly as possible, please email us a photo clearly showing the damaged part of the item. The best photos show the damaged part on a flat surface, with the label and the damage clearly visible. We use this information to assist you with your order and to prevent such errors in the future.
For damaged products, we offer a one-time replacement package and unfortunately cannot issue a refund. If the product is again damaged upon second delivery, we will refund the full purchase amount.
For questions regarding damaged products upon receipt, please contact us at InfoHarringtonLondon@gmail.com
Manufacturing defects or faults after use
That’s unfortunate! It may happen that a manufacturing defect occurs over time, resulting in a defect. In other words, the part is broken and no longer meets the manufacturer’s standards. Note: wear parts are excluded from manufacturing defects or faults. Wear parts include:
• Drive belts
• Batteries
• Brake pads and discs, brake linings, brake drums
• Chains, lights, sprockets, tires, and tubes
• Moving parts in the broadest sense of the word
For questions regarding manufacturing defects or faults after use, please contact us at InfoHarringtonLondon@gmail.com
Delivery of incorrect products
We do our best to process all orders correctly. However, sometimes an error may occur and we accidentally deliver the wrong product. We will of course resolve this for you and send the correct order free of charge.
For questions regarding incorrect product delivery, please contact us at InfoHarringtonLondon@gmail.com
Delivery in case of absence or to a post office
If a package is delivered to your door or dropped off at a post office, the costs are covered by Harrington-Londen. If the package is not accepted or not picked up from the post office, it will automatically be returned to the supplier. In that case, we reserve the right to deduct 100% of the order value from the refund amount.
Product damaged?
That’s unfortunate! We’re sorry your product was damaged during transport. We are happy to send a free replacement once, but unfortunately we cannot issue a refund. If the product is again defective upon second delivery, we will refund the full purchase amount.
Lost package?
If a package is lost or not delivered for logistical reasons, we will always send a new package first before applying our refund and return policy.
Import duties
In certain cases, customs may inspect your package upon delivery. Unfortunately, we have no control over the changes in legislation that have been in effect since July 1, 2021. In some cases, customs may charge a small amount of import duties. However, we want to reassure you that in 99% of cases these costs do not apply. If customs fees do occur, please contact us.