TERMS OF SERVICE
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Our terms
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These terms
- These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content. By visiting our website and/or purchasing our products, you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms apply to all users of the website, including without limitation browsers, vendors, customers, merchants, and/or contributors of content.
- Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to Any new features or tools which are added to the current store shall also be subject to these terms.
- You can review the most current version of these terms at any time on this page. We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
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Information about us and how to contact us.
- We are Havre De Luxe a company based in England and Wales. Our address is [ADDRESS]. Throughout the website, the terms “we”, “us” and “our” refer to Havre De Luxe. Havre De Luxe offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
- You can contact us by writing to us at hey@havredeluxe.com.
- If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Online store terms
3.1 By agreeing to these terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
3.2 You may not use our products for any illegal or unauthorised purpose nor may you, violate any laws in your jurisdiction (including but not limited to copyright laws).
3.3 You must not transmit any worms or viruses or any code of a destructive nature.
3.4 A breach or violation of any of the terms will result in our right to take action against you.
- General Conditions
4.1 We reserve the right to refuse to sell any product to anyone for any reason at any time.
4.2 You understand that your personal content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
4.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the products, use of the products, or access to the products or any contact on the website through which the product is provided, without express written permission by us.
4.4 You understand and agree that any amendments and/or cancellations requested after 30 minutes are not guaranteed as such orders may have already been processed and shipped. You further understand that if we were to accept any order cancellation, we may incur fees issued by PayPal and card companies as a result of processing the payment refunds and you will be required to reimburse us for such fees.
4.5 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
- Accuracy, completeness and timeliness of information
5.1 We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
5.2 This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
- Modifications to the products and prices
6.1 Prices for our products are subject to change without notice.
6.2 We reserve the right at any time to modify or discontinue the products (or any part or content thereof) without notice at any time.
6.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products.
- Products
7.1 Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
7.2 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
7.3 We provide a monogram service for selected products. You acknowledge that any goods which have been monogrammed are not returnable unless they are faulty and such fault is not caused by your failure to follow any care instructions provided to you. You understand that monogramming is a delicate process and over time will fade. We offer a free re-monogramming service provided that you pay the postage and packaging. Any re-monogramming will be undertaken in the exact same position with the same characters in the same colour.
7.4 We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this website is void where prohibited.
7.5 We do not warrant that the quality or result(s) posted on our social media pages and website of any products (which may be used as guidance of what can be achieved by using such products), any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products will be corrected; and we do not accept any refunds for any failures in accordance with this clause.
8.1 If you have any questions or complaints about the product, please contact us. You can contact our customer service team at info@havredeluxe.com
8.2 If you wish to exercise your legal rights to reject products you must post them back to us by courier and at your own cost.
8.3 If any products you have ordered are lost whilst in transit, you agree that we must comply with the guidelines given by the shipping provider which includes but is not limited to specific procedures for opening and conducting investigations. You understand that such procedures may take time and are willing to wait until the procedure is complete either before: (i) replacement products are delivered; or (ii) the lost product is found. There may be occasions where we at our sole discretion agree to deliver a replacement product, but you understand that such replacement product is provided to you on loan and should you receive the original product at a later date, such product must be returned to us.
8.4 We will only issue a refund for personalised products if any error is made solely on our part.
- Accuracy of billing and account information
9.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
9.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If a product is returned to us as a result of you providing inaccurate or incomplete address, we will, at your instruction reship the product to the correct address subject to you paying us a £12 admin charge.
For more detail, please review our Returns Policy.
- Optional tools
10.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
10.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
10.3 Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
10.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms.
- Third-party links
11.1 Certain content, products and services available via our website may include materials from third-parties.
11.2 Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
11.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- User comments, feedback and other submissions
12.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
12.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms.
12.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
12.4 If you have any complaints to make, please follow our Complaints Policy.
- Personal information
Your submission of personal information through the website is governed by our Privacy Policy.
- Errors, inaccuracies and omissions
14.1 Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the website is inaccurate at any time without prior notice (including after you have submitted your order).
14.2 We undertake no obligation to update, amend or clarify information in the website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the website, should be taken to indicate that all information in the website has been modified or updated.
- Prohibited uses
In addition to other prohibitions as set out in these terms, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any national, international, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- Disclaimer or warranties; limitation of liability
16.1 We do not guarantee, represent or warrant that our website will be uninterrupted, timely, secure or error-free.
16.2 We do not warrant that the results that may be obtained from the use of our website will be accurate or reliable.
16.3 You agree that from time to time we may restrict access to our website for indefinite periods of time or cancel the website at any time, without notice to you.
16.4 You expressly agree that your use of, or inability to use, the website is at your sole risk. The products delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
16.5 YOU ACKNOWLEDGE THAT THE PRODUCTS ARE TO BE USED IN ACCORDANCE WITH THE INSTRUCTIONS GIVEN AND WE WILL NOT BE HELD LIABLE FOR ANY DAMAGES TO YOUR PROPERTY CAUSED BY YOUR MISUSE OF OUR PRODUCTS.
16.6 In no case shall Havre De Luxe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website or any products procured through our website, or for any other claim related in any way to your use the product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- Indemnification
You agree to indemnify, defend and hold harmless Havre De Luxe and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- Severability
In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
- Termination
19.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
19.2 These terms are effective unless and until terminated by either you or us. You may terminate these terms when you cease using our website.
19.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website (or any part thereof).
- Entire agreement
20.1 The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
20.2 These terms and any policies or operating rules posted by us on this website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these terms).
20.3 Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.
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Governing law
These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or their subject matter or formation.
- Changes to these terms
- You can review the most current version of these terms at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these terms constitutes acceptance of those changes.
