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 Hartley & York.
1.2 By accessing our website or placing an order, you agree to be bound by these Terms and Conditions.
1.3 The definitions and interpretations used in these Terms and Conditions are set out in Section 26.
2. Eligibility and Consent
2.1 By using our website or placing an order, you confirm that:
(a) you are a natural person and at least 18 years old;
(b) you are legally authorised to enter into a binding agreement with us; and
(c) no applicable law or contractual obligation prevents you from entering into this agreement.
2.2 We reserve the right to request reasonable confirmation of your identity or authority where necessary.
2.3 We may refuse or restrict access to our website where we reasonably consider this necessary to protect our business, customers, systems, or legal interests.
2.4 By placing an order, you confirm that:
(a) you have read these Terms and Conditions;
(b) the information you provide is accurate and complete;
(c) you agree to purchase the products subject to these Terms and Conditions; and
(d) you agree to comply with all applicable policies referred to in these Terms and Conditions.
2.5 If you do not agree to these Terms and Conditions, you must not place an order through our website.
2.6 By using our website or purchasing products, you also acknowledge our Privacy Policy, Payment Policy, Shipping Policy, and Return and Refund Policy.
3. Personal Use
You confirm that you are using the website to purchase products for your own personal, non-commercial use unless otherwise agreed with us in writing.
4. Prices
4.1 Product prices are displayed on our website in the currency applicable to your selected market or checkout.
4.2 We make reasonable efforts to ensure that product descriptions, prices, and other information displayed on our website are accurate.
4.3 If we discover a pricing error after you place an order, we may contact you to confirm whether you wish to continue with the corrected price or cancel the order.
4.4 We are not required to fulfil an order at an obviously incorrect price.
4.5 Prices may change at any time. Price changes will not affect orders that have already been accepted by us.
5. Placing an Order
5.1 All orders are subject to product availability and acceptance by us.
5.2 After you place an order, you will normally receive an order confirmation by email.
5.3 A contract between you and Hartley & York is formed when we accept your order.
5.4 If your order contains multiple products, the products may be shipped separately.
5.5 We reserve the right to refuse or cancel an order where reasonably necessary, including in cases of suspected fraud, incorrect pricing, product unavailability, payment issues, or errors in the order information.
5.6 If we cancel an order after payment has been successfully processed, we will refund the amount paid for the cancelled items.
6. Payment
6.1 Payment must be made using one of the payment methods available at checkout.
6.2 Available payment methods may vary depending on your country, device, or payment provider.
6.3 Payments may be processed by third-party payment providers in accordance with their own terms and security requirements.
6.4 You are responsible for ensuring that you are authorised to use the payment method provided at checkout.
6.5 If a payment is declined, reversed, disputed, or otherwise unsuccessful, we may suspend or cancel the corresponding order.
7. Delivery
7.1 We will deliver your order to the delivery address provided during checkout.
7.2 You are responsible for ensuring that your delivery information is complete and accurate.
7.3 Estimated processing and delivery times are described in our Shipping Policy and may also be displayed at checkout or on relevant product pages.
7.4 Delivery dates are estimates and may be affected by circumstances outside our reasonable control, including carrier delays, customs processing, public holidays, severe weather, or other logistical disruptions.
7.5 If we are unable to deliver to the address provided, we may contact you for further information or cancel and refund the affected order.
7.6 Risk in the products passes to you when the order has been delivered to you or to a person designated by you, subject to any mandatory consumer rights that apply in your jurisdiction.
8. Order Cancellation and Amendments
8.1 You may request to cancel your order within two hours of placing it by contacting our customer service team.
8.2 Cancellation requests should be sent as soon as possible to info@hartley-york.com.
8.3 If your order has already been processed, packed, or shipped before we receive or process your cancellation request, cancellation may no longer be possible.
8.4 If your order has already been shipped, you can still request a return after delivery in accordance with our Return and Refund Policy.
8.5 For customers in the United Kingdom, applicable consumer law may provide a statutory right to cancel certain eligible online purchases within 14 days of receiving the goods, subject to applicable exceptions.
8.6 Where such a statutory cancellation right applies, you must clearly inform us of your decision to cancel and return the eligible goods within the timeframe required by applicable law.
8.7 Customers in other countries or states may also have additional cancellation or consumer rights under applicable local law.
9. Damaged, Defective or Incorrect Products
9.1 Product images, colours, dimensions, and other visual details may vary slightly depending on lighting, screen settings, manufacturing tolerances, or other reasonable factors.
9.2 If you receive a product that is damaged, defective, or materially different from what you ordered, please contact us as soon as possible.
9.3 For damaged or defective items, we ask that you contact us within 48 hours of receipt where reasonably possible and provide your order number, a description of the issue, and photographs of the item and packaging.
9.4 If you receive an incorrect item, please contact us so that we can provide return instructions and arrange an appropriate solution.
9.5 Where a return is accepted because the item is damaged, defective, incorrect, or the issue results from our error, Hartley & York will cover the applicable return shipping costs.
9.6 Depending on the circumstances and product availability, the solution may include:
(a) a replacement;
(b) a refund;
(c) another mutually agreed solution.
9.7 Nothing in this section limits any mandatory consumer rights that apply to you under applicable law.
10. Returns and Refunds
10.1 Our Return and Refund Policy forms part of these Terms and Conditions and applies to eligible returns, refunds, and exchanges.
10.2 You may request a return within 30 days from the date you receive your order.
10.3 To be eligible for a standard return, the item must be unused, in its original condition, with all tags attached and in its original packaging, unless the item is faulty.
10.4 A receipt or other proof of purchase may be required.
10.5 Certain items cannot be returned unless unopened and unused, including hygiene-related products such as underwear, and personalised or custom items, unless they are faulty or applicable law requires otherwise.
10.6 Before returning an item, you must contact us at info@hartley-york.com and provide your order number, details of the item you wish to return, the reason for the return, and photographs where relevant.
10.7 We will provide you with the applicable return instructions and, where required, a return authorisation number.
10.8 Items sent back without first requesting a return may not be accepted.
10.9 For standard returns, return shipping costs are the responsibility of the customer.
10.10 Hartley & York will cover return shipping costs where the return is due to an eligible damaged, defective, incorrect item, or another error on our part.
10.11 We recommend using a tracked shipping method and retaining proof of postage when returning an item.
10.12 Once we receive your returned item, we will inspect it within 7 business days.
10.13 We will notify you by email whether your return has been approved.
10.14 Approved refunds will be issued to the original payment method within 10 business days after approval.
10.15 Your bank, card issuer, or payment provider may require additional time to process and display the refund on your account.
10.16 If you have not received your refund after the indicated timeframe, please contact your bank or payment provider first. If further assistance is required, contact us at info@hartley-york.com.
10.17 We reserve the right to refuse a return that does not meet the conditions of our Return and Refund Policy, except where applicable consumer law requires otherwise.
11. Exchanges
11.1 We offer exchanges for eligible defective or incorrect items.
11.2 If you receive a faulty or incorrect item, contact us within 30 days of delivery.
11.3 For eligible exchanges involving defective or incorrect items, we will cover the applicable return shipping costs and arrange a replacement where possible.
11.4 For size exchanges, please return the original item in accordance with our Return and Refund Policy and place a new order for the desired size.
12. Discount Codes and Promotions
12.1 Discount codes or promotional vouchers may be used where available and subject to the specific conditions of the promotion.
12.2 To use a promotional code, enter the applicable code during checkout before completing payment.
12.3 If valid, the discount will be applied to the eligible order before payment is completed.
12.4 Unless otherwise stated, only one promotional code may be used per order.
12.5 Promotional codes have no cash value and cannot be exchanged for cash.
12.6 If a promotional discount does not cover the entire order amount, the remaining balance must be paid using an available payment method.
12.7 We reserve the right to cancel, modify, or refuse the use of a promotional code where it has expired, is used incorrectly, or does not meet the stated promotional conditions.
13. Acceptable Use
13.1 You must not use our website:
(a) in any way that causes, or may cause, damage to the website or impairment of its availability, performance, or accessibility;
(b) for any unlawful, fraudulent, harmful, or improper purpose;
(c) to distribute malware, viruses, spyware, Trojan horses, worms, or other malicious software;
(d) to perform unauthorised scraping, data mining, data extraction, or automated data collection;
(e) through unauthorised bots, spiders, or similar automated systems;
(f) in violation of any instructions contained in our robots.txt file;
(g) to use information collected from the website for unauthorised direct marketing;
(h) to contact individuals or businesses using information collected from the website without proper authorisation;
(i) to attempt unauthorised access to our website, servers, systems, or databases;
(j) to conduct or assist with hacking, denial-of-service attacks, or other harmful network activity;
(k) to copy, modify, reverse engineer, decompile, or attempt to obtain source code from our website except where permitted by law;
(l) to create a competing service through unauthorised use of our website;
(m) to sell, sublicense, distribute, or rent access to our website without written permission.
13.2 We may suspend or restrict access where we reasonably believe these rules have been violated.
14. Third-Party Links
14.1 Our website may contain links to websites or services operated by third parties.
14.2 Such links are provided for convenience or informational purposes only.
14.3 We do not control third-party websites and are not responsible for their content, availability, privacy practices, or terms.
14.4 You may link to our homepage provided that you do so lawfully, fairly, and without misleading users about any association, approval, or endorsement by Hartley & York.
15. Intellectual Property
15.1 Unless otherwise stated, all intellectual property rights in our website, branding, content, graphics, text, design, code, and other materials belong to us or are used by us under licence.
15.2 You may access and use the website for personal and non-commercial purposes.
15.3 You may not reproduce, republish, distribute, modify, sell, or commercially exploit our website content without prior written permission, except where permitted by law.
15.4 Hartley & York trademarks, branding, and logos may not be used without prior written permission.
16. Privacy and Data Protection
16.1 Our Privacy Policy explains how we collect, use, disclose, store, and protect personal information.
16.2 By using our website, you acknowledge that your personal information will be handled in accordance with our Privacy Policy and applicable data protection laws.
16.3 We use reasonable technical and organisational safeguards designed to protect personal information against unauthorised access, loss, misuse, alteration, or disclosure.
17. Website Security
17.1 We take reasonable steps to maintain the security and availability of our website, but we do not guarantee that the website will always be free from errors, interruptions, viruses, or other harmful components.
17.2 You are responsible for using appropriate security software and maintaining the security of your own devices and systems.
17.3 You must not knowingly introduce malicious software or attempt to gain unauthorised access to our website, servers, or connected systems.
18. Liability
18.1 Nothing in these Terms and Conditions excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
18.2 Subject to applicable law, we are not responsible for indirect or consequential losses arising from circumstances that were not reasonably foreseeable at the time of purchase.
18.3 We are not responsible for delays or failures caused by circumstances outside our reasonable control, including carrier disruption, customs delays, telecommunications failures, severe weather, strikes, natural disasters, governmental actions, or similar events.
18.4 Nothing in these Terms and Conditions limits your mandatory rights as a consumer under the laws applicable to you.
19. Indemnity
19.1 To the extent permitted by applicable law, you agree to be responsible for losses or costs reasonably incurred by us as a direct result of your unlawful use of the website or material breach of these Terms and Conditions.
20. Force Majeure
20.1 We are not responsible for delays or failure to perform our obligations where such delay or failure results from circumstances beyond our reasonable control.
20.2 Such circumstances may include natural disasters, war, terrorism, strikes, carrier disruption, customs delays, governmental restrictions, infrastructure failures, or other comparable events.
20.3 If a force majeure event prevents us from fulfilling an order, we may cancel the affected order and refund amounts paid for products that cannot be supplied.
21. Changes to These Terms
21.1 We may update these Terms and Conditions from time to time to reflect changes in our business, website, policies, services, or applicable legal requirements.
21.2 The Terms and Conditions applicable to your order are those in effect when your order is placed, unless a change is required by applicable law.
22. Breach of These Terms
22.1 If you materially breach these Terms and Conditions, we may take reasonable action, including:
(a) issuing a warning;
(b) temporarily or permanently restricting access to our website;
(c) cancelling affected orders where legally permitted;
(d) refusing future transactions where reasonably justified.
22.2 You must not attempt to circumvent restrictions placed on your access to the website.
23. Website Availability and Termination
23.1 You may stop using our website at any time.
23.2 We may modify, suspend, or discontinue all or part of the website where reasonably necessary.
23.3 We do not guarantee that the website will always be available without interruption.
23.4 Any suspension or termination of website access does not affect rights or obligations relating to orders that have already been accepted, except where otherwise permitted by law.
24. General Provisions
24.1 If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue to apply.
24.2 If we do not immediately enforce a right under these Terms and Conditions, this does not mean that we waive that right.
24.3 These Terms and Conditions, together with the policies referred to in them, constitute the agreement between you and Hartley & York in relation to your use of the website and purchase of products.
25. Applicable Law and Consumer Rights
25.1 These Terms and Conditions are governed by applicable law, subject to any mandatory consumer protections that apply in the country, state, or jurisdiction where you reside.
25.2 Nothing in these Terms and Conditions is intended to exclude, restrict, or override any consumer rights that cannot legally be excluded or restricted.
25.3 For customers in the United Kingdom, applicable UK consumer protection laws continue to apply where relevant.
25.4 Customers in the United States may have additional rights under applicable federal or state consumer protection laws.
26. Definitions
"Order" means an order placed through our website to purchase one or more products.
"Order Confirmation" means the email or other confirmation sent after an order has been placed or accepted.
"Payment Provider" means a third-party provider used to process payments.
"Product" means a product offered for sale through our website.
"Website" means the Hartley & York online store and related pages operated by us.
"We", "us" or "our" means Hartley & York and its operating company, AxD Projects.
"You" or "customer" means the person accessing the website or placing an order.
27. Contact Information
If you have any questions about these Terms and Conditions, your order, or our policies, please contact us:
Company name: AxD Projects
Company registration number: 42037217
Phone: +44 7882 505356
Email: info@hartley-york.com
Address: Harm Koningstraat 40, 7742 LT Coevorden, The Netherlands (not a return address)