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General Terms and Conditions

General Terms and Conditions

  1. Introduction

1.1 These terms and conditions apply to the use of our website and to the purchase of products offered through our website.

1.2 The definitions and interpretations of these terms can be found in section 26.

  1. Consent

2.1 You represent and warrant that:

(a) You are a natural person and at least 18 years old;
(b) You are authorised to enter into a legally binding agreement with us;
(c) No applicable law or contract prevents you from entering into a legally binding agreement with us.

2.2 We reserve the right to request written confirmation of your authority to accept these terms.

2.3 You represent and warrant that you have not:

(a) been convicted of any computer- or internet-related crime;
(b) previously been excluded from the products or from access to the website.

2.4 We reserve the right to refuse you access to our website if we consider such refusal necessary or appropriate.

2.5 By placing an order, you declare that:

(a) you have read these terms carefully and in full;
(b) you are offering to purchase the order solely in accordance with these terms;
(c) your order confirmation is based only on these terms;
(d) you undertake to comply with these terms.

2.6 If you do not agree to these terms, you must not use the website or purchase any products.

2.7 You must explicitly agree to these terms in order to:

(a) send information to or from our website;
(b) purchase a product.

2.8 By visiting our website, purchasing products, or agreeing to these terms:

(a) you also accept our Privacy Policy;
(b) you agree to and undertake to comply with our Acceptable Use Policy (see section 12 below).

2.9 We recommend that you print a copy of these terms for future reference.

2.10 If you do not agree to these terms, you must not place an order or contact us.

  1. Personal Use

You confirm that you use the website solely to purchase products for your own personal, non-commercial use as a private individual, and that you are not acting on behalf of or for any other person.

  1. Prices

4.1 The prices displayed on our website for products include delivery costs but do not include any fees, taxes, customs duties or other similar governmental charges (“unpaid and untaxed”).

4.2 All customs duties, taxes, fees or other governmental charges, as well as any declarations related to the import of the products to the delivery address, are your responsibility. In some cases additional costs may apply, such as customs duties or import VAT if the goods are shipped from a non-EU country (e.g. China). Before ordering, you should check with customer service whether customs duties apply to the specific product.

4.3 We make every effort to ensure that all details, descriptions and prices displayed are correct. In the event of a pricing error, we will inform you as soon as possible and give you the option to confirm or cancel your order at the correct price.

4.4 We are not obliged to fulfil an order if the price listed is incorrect (even after you have received an order confirmation).

4.5 Prices may be changed at any time. However, such changes do not affect any order for which an order confirmation has already been sent.

  1. Placing an Order

5.1 Once you have placed an order, it is subject to availability. If we have sufficient stock, you will receive an order confirmation.

5.2 A contract is formed only when we have issued an order confirmation and only in relation to the products specified in that confirmation.

5.3 If your order contains multiple products, they may be shipped separately.

5.4 We reserve the right to remove products from the website at any time.

5.5 We reserve the right to refuse or cancel an order (even after confirmation).

5.6 If we cancel your order after payment has been made, you will receive a full refund.

  1. Payment

6.1 You can pay via the payment service providers listed on our website.

6.2 We are not responsible for any unauthorised use of your payment cards.

6.3 You may initiate a chargeback or attempt to reclaim any payment made for products.

  1. Delivery

7.1 We will endeavour to deliver your order to the delivery address you provide.

7.2 An estimated delivery date is provided at checkout.

7.3 If we are unable to deliver to certain addresses, we will cancel and refund your order.

7.4 Risk in the products passes to you upon delivery.

Contact us if you have any questions about these terms, the website or the products.

  1. Cancellation or Amendment

8.1 You may cancel or amend an order by email.

8.2 Once an order has been packed or shipped, it can no longer be cancelled. The order must then be returned in accordance with section 10. Because the goods are shipped from Asia, delivery times may be longer. An early refund is only possible in cases of late receipt of the goods (up to 16 weeks).

8.3 Orders are processed automatically and immediately; interruption is not possible.

  1. Defective Products

9.1 You confirm that the products are standard products and have not been specially manufactured to meet your specific requirements.

9.2 All product descriptions, information and materials on the website are provided “as is”, without any express or implied warranty or other assurance.

9.3 Product images may differ slightly from the actual product you receive.

9.4 If the product you receive is defective, you may email us with information about the product to be returned together with a photograph of the defective product.

9.5 You may return the product to us in accordance with section 10.

9.6 We will examine the product as soon as we receive it. Our processing time depends on your order.

9.7 We will inform you by email if we consider the product to be defective.

9.8 Our sole obligation to you in relation to defective products is, at our discretion:
(a) to replace the product and cover the delivery costs to the delivery address, provided that you return the defective product to us and we send you a replacement product; or
(b) to pay you an amount equal to the price of the product and the cost of returning the defective product. We will pay this amount to the account from which we received payment.

9.9 If we determine that the product is not defective, we may, at our discretion, decide not to refund the purchase price and may require you to pay reasonable service fees.

  1. Returns and Refunds

10.1 Our return conditions form part of these terms and entitle you to use our website.

10.2 If you are not completely satisfied with your order, you may email us with information about the product to be returned and send it back to us. The withdrawal period is 30 days from the date on which you, or a third party other than the carrier, received the last product.

10.3 Return shipping costs are the responsibility of the customer.

10.4 We must have received the product before the customer is entitled to a refund. We inspect the returned product upon arrival.

10.5 You must ensure that the product is returned in the same condition in which you received it and that it is properly packaged. The product must not have been used, tags must not be damaged or removed, and it must be in its original packaging.

10.6 If a product is returned in an unsuitable condition, we reserve the right to refuse the return.

10.7 If we are satisfied with the condition of the product, we will send an email confirming the return and the refund will be processed within 7 days using the same payment method used for the order.

10.8 The refund will be made in full once we have physically received the goods.

10.9 As our goods are shipped from Asia, delivery times may be longer and beyond our control. If the goods are already on their way to you, cancellation is not possible. In that case, please wait until you have received them and then return them to us.

  1. Vouchers

11.1 You may use our discount vouchers or promotional codes to pay for products on the website.

11.2 To use a voucher, the code must be entered on the payment page.

11.3 Once the code has been entered and applied, the discount will be deducted from the total order amount at checkout.

11.4 Only one promotional voucher may be used per order.

11.5 The value of a promotional voucher does not earn interest and has no cash value.

11.6 If the value of the voucher is insufficient to cover the order, you may pay the difference using another payment method.

  1. Permitted Use

12.1 You must not perform the following actions (“Prohibited Actions”):

(a) Use our website in any way that could damage the site or impair its performance, availability or accessibility;

(b) Use our website in any unlawful, improper, fraudulent or harmful way or in connection with any such activities;

(c) Use our website to copy, store, host, transmit, send, publish or distribute material containing spyware, computer viruses, Trojan horses, worms, keyloggers, rootkits or other malicious software (or related to such software);

(d) Carry out systematic or automated data collection activities (including scraping, data mining, data extraction or data harvesting) on or in relation to our website without our express written consent;

(e) Use our website by means of robots, spiders or other automated tools;

(f) Breach the rules set out in our website’s “robots.txt” file;

(g) Use data collected from our website for direct marketing purposes (including email marketing, SMS marketing, telemarketing or direct mailing);

(h) Use data collected from the website to contact individuals, companies or other entities;

(i) Use the website to interact with entities without express permission;

(j) Conduct hacking or network attacks, or send harmful or potentially harmful messages using our website infrastructure;

(k) Copy, publish, modify, decompile, disassemble, reverse engineer or otherwise attempt to obtain the source code of the website;

(l) Use the website to create similar or competing products or services;

(m) Sell, transfer, license, distribute or rent access to the website to third parties;

(n) Make the website available to third parties via a private data network;

(o) Edit or modify any content downloaded from our website without express permission.

12.2 You acknowledge that you are responsible for any damage, loss, cost or expense that may arise for us as a result of any Prohibited Action you perform.

12.3 You agree to inform us as soon as possible if you become aware that any person is performing a Prohibited Action.

  1. Links to the Website

13.1 Links from our website to other websites and resources provided by third parties are provided for information only.

13.2 We have no control over the content of other websites or resources linked from our website.

13.3 You may link to our homepage, provided this is done in a fair and lawful manner and does not damage our reputation.

13.4 You may not create a link in a way that suggests any form of cooperation, approval or endorsement on our part where none exists.

13.5 You may not create a link to our website on any website that you do not own.

13.6 We reserve the right to withdraw linking permission without notice.

  1. Intellectual Property Rights

14.1 The code, structure and organisation of the website are protected by intellectual property rights.

14.2 We own or are licensed to use all intellectual property rights in our website and in the content and materials published on it. These works are protected worldwide by applicable laws and treaties. All such rights are reserved.

14.3 You may use the website and all its content only for personal, non-commercial use and in accordance with these terms. The website content also includes content relating to the products.

14.4 You agree to inform us of any possible infringements of our intellectual property rights.

14.5 You may not use our trademarks without our prior written permission, unless they form part of material you are using in accordance with section 13 and are reproduced exactly.

  1. Privacy

15.1 Our Privacy Policy forms part of these terms and entitles you to use our website.

15.2 We use cookies on our website. By accepting these terms, you also agree to the use of cookies to improve the user experience.

15.3 When you provide us with your personal data, we process it in accordance with your instructions and take appropriate security measures to protect it from unauthorised access.

15.4 Where specific protective measures are required or agreed in writing, information and documents created in connection with the sale of products may be exchanged between us and made available to our employees, officers, consultants or agents in electronic form.

  1. Viruses

16.1 We do not guarantee that our website will be secure or free from errors or viruses.

16.2 You are responsible for configuring your IT systems, software and platforms to access our website. You should use your own antivirus software.

16.3 You must not misuse our website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.

16.4 You must not attempt to gain unauthorised access to our website, the server on which it is stored, or any server, computer or database connected to our website.

16.5 You must not attack our website via a denial-of-service (DoS) attack or a distributed denial-of-service (DDoS) attack.

16.6 If we believe that you have breached the provisions of this section 16, your right to use our website will cease immediately. We may report any such breach to the relevant law enforcement authorities and are required to do so where the law obliges us.

  1. Liability

17.1 To the fullest extent permitted by law, we are not liable for any loss or damage caused by:

(a) content provided by third parties or users;
(b) our own content, including its accuracy, completeness or timeliness;
(c) the quality of the products, their images, descriptions or compliance with specifications;
(d) reliance on any information on our website or in these terms;
(e) inability to access the website or any part of it;
(f) delays or failures in performing our obligations due to circumstances beyond our reasonable control, such as telecommunications outages, power failures, terrorist attacks, fuel shortages, severe weather, computer errors, supplier delivery problems, industrial disputes or staff shortages caused by illness.

17.2 We are not liable for loss of profit, business opportunities, goodwill, savings or benefits, or for any indirect, special or consequential loss or damage, even if such loss was reasonably foreseeable.

17.3 Our total liability for losses arising directly or indirectly under these terms is limited to a maximum of USD 1,000 or five times the price of the product, whichever is lower.

  1. Indemnity

18.1 You agree to fully indemnify us against all claims, costs and losses arising out of:

(a) a material breach of these terms by you;
(b) any fraud, negligence or breach of duty by you;
(c) your use of our website.

18.2 We have the right to recover all reasonable costs incurred in connection with any indemnity claim.

  1. Force Majeure

19.1 If an event of force majeure lasts for more than one week, we may terminate these terms immediately by written notice, without any further obligations, except to refund any products which you have already paid for but not received.

19.2 We reserve the right, at our sole discretion, to decide how to deal with a force majeure event in order to comply with our obligations under these terms as far as possible.

  1. Changes

20.1 We may change these terms from time to time. We will inform you of any changes that may be disadvantageous to you.

20.2 If you do not agree to the amended terms, you must stop using our website and stop purchasing products.

20.3 If you have expressly agreed to these terms, we will ask for your explicit consent to any change before you make a further purchase after the change.

  1. Breach of Terms

21.1 If you breach these terms, we may:

(a) issue a formal warning;
(b) temporarily block your access to the website;
(c) cancel the processing of an order;
(d) refuse to accept payments from you;
(e) permanently block your access to the website.

21.2 If we restrict your access to the website, you must not attempt to circumvent such restrictions.

  1. Termination and Suspension

22.1 You may stop using the website at any time.

22.2 We may suspend or discontinue the provision of the website at any time and without giving a reason.

22.3 We may terminate your access to the website if your use is likely to have legal consequences.

22.4 We do not guarantee that our website will always be available without interruption.

  1. Consequences of Termination

23.1 Termination of these terms immediately ends all obligations to provide customer service.

23.2 You are not entitled to any compensation as a result of the termination of these terms.

23.3 The provisions relating to liability and indemnity remain in force after termination.

  1. General Provisions

24.1 You may not assign any of your rights under these terms.

24.2 The rights and remedies set out in these terms are cumulative and not exclusive.

24.3 If any provision of these terms is found to be invalid or unenforceable, the validity of the remaining provisions will not be affected.

24.4 If we do not exercise a right under these terms, this does not mean that we waive that right.

  1. Applicable Law

These terms are governed by the laws of the country in which our website is operated and must be interpreted accordingly.

  1. Definitions and Interpretations

“Order” means the order you place on our website to purchase one or more products from us;
“Order Confirmation” means the email we send you to confirm your order;
“Payment Provider” means the third parties we use to process payments;
“Product” means a product offered on our website;
“Website” means the online platform on which the products are offered.

If you have any questions or comments regarding these terms, please contact us by email.

Company Information (Harrington Oxford)

Company Name: Momo-ecommerce
Address: Bolwerksepoort 39, 2152 EW Nieuw-Vennep, Netherlands
Company Registration Number: 90093518
VAT Number: NL004789403B15
Email: support@harringtonoxford.co.uk
Phone Number: +44 7476605745