Terms of Sale

These terms

What these terms cover. These are the terms and conditions on which we supply products to you. We may modify these terms from time to time. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
Why you should read them. 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 discuss.

Information about us and how to contact us

Who we are. We are GetHarley a company registered in England and Wales. Our full legal company name is 16HarleyCo Limited and our company registration number is 11380263 and our registered office is at F102 Ambassador Building, Embassy Gardens, London SW11 7BT.
How to contact us. You can contact us by telephoning our customer service team on +44 (0) 7544 817 486 and/or by writing to us at hello@getharley.com.
How we may contact you. If we have to contact you we will do so by the methods chosen by you when creating your GetHarley profile when you set up your account with us.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

Our contract with you

How we will accept your order. Once you have made your choice of recommended products and your order has been placed, and you have paid for the products, we will check that your chosen products are in stock. If they are we will send you an email accepting your order and confirming the date of dispatch. Unless you cancel your order with us, acceptance of your order and completion of the contract between you and us will only take place when we email you to confirm the products have been dispatched to your chosen address, as set out earlier in this clause, provided always that you have paid for the products when you placed your order.
If we cannot accept your order. We reserve the right not to accept your order. If we are unable to accept your order, we will inform you of this in writing. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. Where we confirm that we cannot accept your order, and you have already paid for the products, we will refund the monies paid to you.
Your order number. We will assign an order number to your order and tell you what it is when we receive your order. It will help us if you can tell us the order number whenever you contact us about your order.

Our products

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Products may vary from the description given to you during your consultation. GetHarley is not responsible for any errors or inaccuracies in the description of the products given to you during the consultation process. GetHarley is also not responsible to you for any issues arising as a result of your choice of a product however that choice was made (including by reliance on a skincare regime recommended by a skincare practitioner and included on our website). If you believe that a product should not have been recommended by a skincare practitioner, you should speak to the skincare practitioner directly.

Your rights to make changes

If you wish to make a change to your order, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the cost of the order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

Our rights to make changes

Changes to the products. We may change the products that we stock at any time. If a product is no longer stocked by us or is temporarily unavailable we will notify you when you place your order by the email process set out in clause 3.2 above.
A manufacturer of a product may make changes to it. We are not responsible to you for any changes made to a product prior to it being received by us for dispatch to you.

Price and payment

Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is different to the price stated at the time that you placed the order, we will, at our option, proceed with the order based on the price quoted at the date of your order, alternatively contact you to confirm a price change. If the pricing error is identified after we have accepted your order, or once the products have been dispatched, we reserve the right to cancel the order and recall the products. If we do so we will refund any monies paid by you as soon as we can. Where the products have been placed out for delivery we will refund the monies to you after they have been returned to us.
When you must pay and how you must pay. We accept payment with any major credit or debit card.

Providing the products

Delivery costs. The costs of delivery will be as displayed to you on our website.
When we will provide the products. During the order process we will let you know when we will provide the products to you. Please not that we aim to dispatch all orders within 48 hours. Delivery times appearing on the site are estimates only and are to be used as a guide and commence from the date of dispatch. In any event we will deliver the products to you within 30 days of the day on which we accept your order, unless we notify you within that 30 day period that delivery will be delayed.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
When you become responsible for the products. The product will be your responsibility from the time the product is delivered to the address you gave us.
When you own products. You own the product once we have received payment in full, unless you cancel the order, in which case ownership (if it has transferred to you) passes back to us once you have delivered the products back to us.

Your rights to end the contract

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 11 (if there is a problem with the product);
If you have just changed your mind about the product, see clause 9.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions. Please note that you do not have a right to change your mind if you have tried or used the products or in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.3.
Your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013: if you are based in the European Union if you change your mind, you have the right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (2013 Regulations) provided you tell us in writing and within the required timescales. Where you have bought products from us the timescales are fourteen (14) days after the day on which you, (or the person you nominate) receives the last of your ordered products. If you cancel your order the following provisions apply;
In order for you to exercise this right to cancel, you must tell us by letter to: Notice of Contract Cancellation, 16HarleyCo Limited, F102 Ambassador Building, Embassy Gardens, SW11 7BT, or by email to: hello@getharley.com. We have provided a cancellation form for you to use but this is not obligatory;
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at 16HarleyCo Limited, F102 Ambassador Building, Embassy Gardens, SW11 7BT. If you are exercising your right to change your mind you must send off the goods within fourteen (14) days of telling us you wish to end the contract. You must pay the costs of return of the products to us;
If you return products in line with your rights under the 2013 Regulations, we will refund the cost of the product plus delivery charges paid (where you have a choice of delivery methods, we will only refund the costs of the cheapest method of delivery, no matter what delivery method you chose). We may reduce your refund of the cost (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
We will make any refunds due to you as soon as possible and in any event,
  1. Where products have been dispatched to you, your refund will be made within fourteen (14) days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.2,
  2. In all other cases, your refund will be made within fourteen (14) days of your telling us you have changed your mind;
Unless you have agreed an alternative method beforehand, any refund will be made using the same payment method you used for the initial purchase. You will not incur any fees as a result of the re-imbursement.
Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind under the 2013 Regulations, you can still end the contract and return the products to us in the circumstances set out in clauses 9.3.1 to 9.3.4 below. On receipt of the returned products, and subject to you complying with the following conditions we will refund the cost of the products (but not delivery charge) to you by the method you used for payment within fourteen (14) days of the receipt of the returned products,
Where the products are unused, unopened and in their original packaging, sealed for health protection or hygiene purposes and in a resaleable condition;
You request a return before you send them back to us. Please email us at hello@getharley.com for a return label;
You pay for the return of the unwanted items and return them by Royal Mail signed for;
You send your unwanted items back to us within 28 days of the date of the order to 16HarleyCo Limited, F102 Ambassador Building, Embassy gardens, SW11 7BT. We reserve the right to collect them from you if we choose to.

Costs of Return

When we will pay the costs of return. We will pay the costs of return:
if the products are faulty or misdescribed;
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances you must pay the costs of return.

If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at hello@getharley.com or 16HarleyCo Limited, F102 Ambassador Building, Embassy Gardens, SW11 7BT.
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to thirty (30) days: if your products are faulty, then you can get an immediate refund.

b) Up to six (6) months: if your products can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six (6) years: if your products do not last a reasonable length of time you may be entitled to some money back.

See also Exercising your right to change your mind (ICACRs 2013).

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the products as summarised at clause 11.2. For the sake of clarity, to the full extent permitted by law, we are not responsible for the actions or inactions of skincare practitioners as they are not employed by us, nor do they act as our agents or subcontractors. Please see clause 12.4.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not liable for your choice of product whether made of your own volition or based on a skincare regime recommended by a skincare practitioner. Our liability to you is as set out in clause 11.2 above, namely to supply a product to you that is as described, fit for purpose and of satisfactory quality. We are not liable for any issues arising as a result of your choice of a product however that choice was made (including by reliance on a skincare regime recommended by a skincare practitioner and included on our website). If you believe that a product should not have been recommended by a skincare practitioner, you should speak to the skincare practitioner directly.

Your Responsibility for Loss and damage suffered by us

You agree that you will, on demand by us, compensate us fully for any losses (including reasonable legal fees) that we, our employees agents or subcontractors incur as a result of your breach of these Terms and Conditions of Sale.

How we may use your personal information

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

Other important terms

Content. The personal opinions of the manufacturers whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of GetHarley and we accept no responsibility for any such views expressed in any media.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To 16HarleyCo Limited F102 Ambassador Building, Embassy Gardens, SW11 7BT or hello@getharley.com.

I/We [*] hereby give notice that I/we [*] cancel my/our [*] contract of sale of the following products [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.