Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise the right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the trader.
Day: calendar day.
Continuing performance contract: a distance contract relating to a series of products and/or services for which the obligation to deliver and/or purchase is spread over time.
Durable data carrier: any means that enables the consumer or trader 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 cooling-off period.
Trader: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded within the framework of a system organized by the trader for the distance sale of products and/or services, whereby, up to and including the conclusion of the contract, only one or more means of distance communication are used.
Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader being simultaneously present in the same room.
General Terms and Conditions: these General Terms and Conditions of the trader.
Article 2 – Identity of the trader
Company name: MKHAL
Customer service email: info@tryharlow.co.uk.com
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will 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 inspected at the trader’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can store them easily on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms, the consumer may always rely on the applicable provision most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced promptly by mutual agreement by a provision that approximates the intent of the original provision as closely as possible.
Situations not provided for in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms must 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 expressly stated in the offer.
The offer is without obligation. The trader is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
All images and specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images of products are a truthful representation of the products offered. The trader cannot guarantee that the colors displayed exactly match the actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are attached to acceptance of the offer. This pertains in particular to:
• the price, excluding customs clearance fees and import VAT. These additional costs will be for the customer’s account and risk. The postal and/or courier service will, with respect to the import, use the special scheme for postal and courier services. This scheme applies if the goods are imported into the country of destination, which is the case here. The postal and/or courier service will collect the VAT (possibly together with the clearance fees charged) from the recipient of the goods;
• any shipping costs;
• the way in which the contract will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and performance of the contract;
• the period for accepting the offer, or the period within which the trader guarantees the price;
• the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic rate for the means of communication used;
• whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
• the way in which the consumer can, before concluding the agreement, check and, if desired, correct the data provided under the agreement;
• any other languages in which, in addition to English, the agreement can be concluded;
• the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a continuing performance contract.
Optional: available sizes, colors, types of materials.
Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will promptly confirm electronically the receipt of acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
The trader may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsible conclusion of the distance contract. If, based on this investigation, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
The trader will provide the following information to the consumer with the product or service, 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 trader’s establishment where the consumer can submit complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the information included in Article 4 paragraph 3 of these terms, unless the trader has already provided this information to the consumer prior to the performance 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 performance contract, the provision in the previous paragraph applies only to the first delivery. Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period starts on the day after the consumer, or a representative designated by the consumer and made known to the trader, receives the product.
During the cooling-off period, the consumer will handle the product and the packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If exercising the right of withdrawal, the consumer will return the product with all accessories supplied and—if reasonably possible—in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the trader within 14 days after receipt of the product. The consumer must make this notification by written message/email. After the consumer has notified that they wish to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered items were returned on time, for example by means of proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise the right of withdrawal and/or has not returned the product to the trader, the purchase is final.
Article 7 – Costs in the event of withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products are for the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been made by the trader according to the consumer’s specifications;
that are clearly personal in nature;
that, by their nature, cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations on the financial market over which the trader has no influence;
single issues of newspapers and magazines;
audio and video recordings and computer software whose seal has been broken by the consumer;
hygienic products whose seal has been broken by the consumer. Exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
whose performance has begun with the express consent of the consumer before the cooling-off period has expired;
relating to betting and lotteries.
Article 9 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This susceptibility to fluctuations and the fact that any prices mentioned are guide prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
The place of supply for VAT purposes pursuant to Article 5(1) of the Dutch Turnover Tax Act 1968 is the country where the transport begins. In this case, this delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT and/or clearance fees from the customer. Therefore, the trader 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 trader is not obliged to deliver the product according to the erroneous price.
Article 10 – Conformity and warranty
The trader warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or governmental regulations existing on the date of the conclusion of the agreement. If agreed, the trader also warrants that the product is suitable for use other than normal use.
Any warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the trader under the agreement.
Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.
The trader’s warranty period corresponds to the factory warranty period. However, the trader 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 processed the delivered products themselves or has had them repaired and/or processed by third parties;
• the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the trader’s instructions and/or those on the packaging;
• the defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and performance
The trader will exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to the provisions in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible compensation.
In the event of dissolution in accordance with the previous paragraph, the trader will 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 impossible, the trader will endeavor to make a replacement item available. At the latest upon delivery, it will be stated clearly and understandably that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. Any costs of a return shipment are for the trader.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 12 – Continuing performance contracts: duration, termination, and renewal
Termination
The consumer may terminate an agreement concluded for an indefinite period and which 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 an agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to 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 way as they were entered into by the consumer;
• always with the same notice period as the trader has stipulated for themselves.
Renewal
An agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
In deviation from the previous paragraph, an agreement concluded for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery by way of introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will 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 oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to promptly report inaccuracies in payment data provided or stated to the trader.
In the event of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the agreement must be submitted to the trader fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
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 trader’s obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at their option, replace or repair the delivered products free of charge.
Article 15 – Disputes
Only UK law applies to agreements between the trader and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.