Terms of online sale/purchase of www.harneyshop.eu


Article 1. Foreword

The terms of online sale/purchase are concluded between, on the one hand, the SA Thedis located at Zae Riesenhaff, Bâtiment 5, L-8821 Koetschette, Luxembourg, (trading name “harneyshop.eu”) and, on the other hand, the persons who want to buy online via the harneyshop.eu website, hereafter called “user”.

1.1 Who are we ?

Thedis S.A.
Zae Riesenhaff, Bâtiment 5
L-8821 Koetschette
Luxembourg
VAT : LU25634323
VAT : BE0712624752
VAT : FR03 888 756 871

Website : http://www.harneyshop.eu

E-mail : sales@harney-europe.com


1.2 General points

The parties agree that all relations are exclusively subject to this contract except for any terms already mentioned on the website.

If any terms were lacking, these matters would be subject to the usual regulations applied in the Luxembourg online sale sector.

If one or more of the present terms was not applied, this could never be considered by the user/buyer as a renunciation of those terms.

These terms of online sale/purchase are aimed at defining the modes of trading between harneyshop.eu and the user, from the order to the services, as well as payment and delivery.

The terms settle all the steps to be taken to put in an order and ensure the following up of the order between the parties.

Any visitor of our website who doesn’t have a personal customer number will have to register to get that number.

In any case, the final validation of the order implies that the user agrees with the order in its entirety and at the indicated price.

That validation is worth a signature and the approval of all operations made on the website.

Article 2. Terminology

The services offered by harneyshop.eu through its website –sale of products- will be hereafter called “services harneyshop.eu”. Every person who would like to take advantage of those services and who has agreed with the terms of sale/purchase will hereafter be called “customer”. Every company that has asked harneyshop.eu to sell goods on its website will be called “supplier” and any order made by a customer according to the terms of sale/purchase will hereafter be called “the order”


Article 3. Registering your personal details

Any individual or legal entity that registers as a potential contracting party of harneyshop.eu while surfing on the http://www.harneyshop.eu website, communicates personal details to harneyshopthrough the registration procedure.

Registering implies that the user accepts that his personal details will be treated in the harneyshop.eu data file. Only the individuals or legal entities that have full legal and civil capacity are allowed to register.

When registering, the individual or legal entity gets an identification number and chooses a password which has to be validated by harneyshop.eu. That information will be confirmed through an e-mail from harneyshop.eu to the customer.

The customer is responsible for the confidentiality, security and use of his identification number and password.

Any use of the identification number and password of a customer is supposed to have been done by that customer himself.

harneyshop.eu can temporarily or permanently stop the use of a registration number and password if it appears that a customer doesn’t respect the terms of online sale and purchase.

Dealing with the customer’s personal data is the responsibility of sales@harney-europe.com

Dealing with the personal details of a customer in the data file of harneyshop.eu happens in order to manage the clientele, to deal with orders, delivery and invoicing, and also to follow through the solvability and publicity thanks to the customer’s profile, personalized treatment and marketing.

Article 4. Privacy.

Rules when collecting personal details.

As a rule, having access to the information that is available on our website can happen without having to communicate personal details such as name, address, e-mail address… If the customer wants to take advantage of other services (asking for information, reservations, newsletter…) it can happen, in such a particular instance, that he will have to communicate some personal details. In that case, the user will be warned in advance and his details will be dealt with in accordance with the 202/58/CE directive. This means that : Your details can only be collected and used in accordance with the goals mentioned when collecting. At any time you have the right to access to your details and to modify or oppose them. In that case you just have to send us an e-mail to sales@harney-europe.com with your correct personal details.

The details can be used for statistics about surfing our website.

When you access to our website, the servers will automatically collect the following information :

  • Your IP address when connecting;
  • Date and time of access to the website;
  • Consulted WebPages;
  • Type of browser used;
  • Operating system on your PC;
  • Search engine and keywords to get to the website.
That information will only be used to know the number of visitors to each section of our website so that we can improve it if necessary.

Use of cookies. For technical reasons and in order to make surfing our web even easier it can sometimes happen that harneyshop.eu has to use “cookies”.

A “cookie” is a little piece of information which is saved by a website inside the operating system of your PC. That “cookie” can then be used again for a later visit to the website. The “cookie” cannot be read by another website. The website uses “cookies” in order to know your preferences so that you won’t have to type the same message again and again when visiting our website.

Most “cookies” are only active during one only session or visit to the website. The “cookies” never contain any information that could be used to contact you by way of phone, e-mail or letter. You can also ask your browser to inform you when a “cookie” is being created or you can even prevent them from being saved.

Article 5. Pricing policy.

All the information about the goods (delivery costs, warranty) as well as the prices are mentioned on the explanatory card of each product.

The selling prices on our website are always mentioned in euros. They include the VAT (when applicable) and all the costs (Recupel and other) except the costs of delivery (see article 6 of Terms of online sale/purchase) and extra warranty.

Sales without VAT to people who are not liable to the VAT can only occur if written evidence is given beforehand.

The price paid by the buyer, called “total price”, is clearly indicated when putting in an order.

Since 1 January 2007 a new law imposes to pay a recycling tax (Recupel) when buying electrical or electronic appliances. That tax varies from 1 to 6 euros. That amount is already included in the prices mentioned on our website.

For any question about our pricing policy, please send us an e-mail to sales@harney-europe.com.

Article 6. Delivery costs.

Country Shipping Methods Delays Order Amount Shipping Fees
Flags Belgium Bpost (Shipping every Tuesday at 11AM) J+ 1-2 < 70€ 6.99€
≥ 70€ Free
FedEx J+ 1-2 < 70€ 6.99€
≥ 70€ Free
Flags France Bpost (Shipping every Tuesday at 11AM) J+ 2-3 < 70€ 7.99€
≥ 70€ Free
FedEx
Additional costs for islands (+25€ excl. VAT)
J+ 2-3 0 -> 49,99€ 7.99€
49.99 -> 79.99 € 5.00€
≥ 80€ Free
Flags Luxembourg Xpress / FedEx J+ 1-2 < 70€ 5.99€
≥ 70€ Free
Flags Nederland Bpost (Shipping every Tuesday at 11AM) J+ 2-3 < 70€ 6.99€
≥ 70€ Free
FedEx
Additional costs for islands (+25€ excl. VAT)
J+ 1-2 < 80€ 6.99€
≥ 80€ Free
Flags UK, Flags Switzerland FedEx J+ 2-4 < 100€ 16.00€
≥ 100€ 8.00€
Flags ESP, Flags ITA, Flags IRL FedEx
Additional costs for islands (+25€ excl. VAT)
J+ 3-5 0€ -> 59.99 15.00€
59.99€ -> 119.99 11.00€
≥ 120€ 5.00€
Flags GRC, Flags PRT FEDEX J+ 2-4 0€ -> 59.99 18.00€
59.99€ -> 119.99 14.90€
≥ 120€ 6.00€

Processing times

Order confirmed on www.harneyshop.eu.

Order prepared and shipped the next business day.

Delivery in progress according to the carrier's delays.


In the case of package returns, the return costs are always at the customer's expense. (See Article 10 of Terms of online sale/purchase).

Packing and warranty :

 

All our goods are very carefully packed with protecting materials so that the delivery can occur in the best conditions. All the goods we send are insured, free of charge, against damaging and theft during the transport. When getting your parcel, you must carefully check the integrity of your order and of all the items. This must happen in the presence of the person in charge of the delivery in order to have reserves if necessary.

If you have any doubt about the condition or content of the order, you must refuse it on receiving the parcel. Any refused article must be handed back, in its genuine packaging, to the person in charge of the delivery.

In case of absence

If you are not at home, you’ll get a notice in your letterbox. For the first time you’ll get a phone number to choose another time of delivery. If unfortunately the second attempt was also without success you’d have 5 working days to fetch your parcel at the nearest post office indicated on the notice.

Loss of parcel

In spite of all our efforts, it can happen that a parcel gets lost.
In that case please send an e-mail to our Customer services at sales@harney-europe.com

harneyshop.eu will not have to deliver goods in the following cases of absolute necessity : war, insurrection, fire, strike, accident or impossibility of getting supply from the usual suppliers or road haulage contractors.

harneyshop.eu can temporarily suspend deliveries in the following cases : problems with the internal network, with the telephone network or with the internet. The fulfilment of the contract is then suspended until the problems are solved without the customer having the right to ask for the dissolution of the contract or for damages.

If you have any question about deliveries please send an e-mail to sales@harney-europe.com.

Local Taxes & Customs Fees

All the orders made outside of Luxembourg could be impacted by local taxes and customs duties, non-including in the price of the product or in the delivery charges. These taxes are all in charge of the customers. Indeed, the transport company could asking you to pay some local taxes or any customs duties. These taxes are created according to the laws of foreign countries and do not concern our society.

Article 7. Putting in orders.

The customers put in an order to harneyshop.eu via the website. The order can only be registered if the customer is clearly identified :

  • By entering his strictly personal customer number.
  • By filling in an online order form so that the customer will get a personal customer number from our Customer services as soon as he puts in his first order.
By ordering, the customer agrees with the prices and description of the articles on sale (see article 5 of Terms of online sale/purchase). By ordering online the customer clearly indicates that he wants to conclude a sale contract with harneyshop.eu and agrees with the Terms of online sale/purchase. The customer will get a confirmation of his order via an e-mail called “confirmation e-mail” with all the details of the order. harneyshop.eu will deliver the goods ordered online as long as they are in stock. If an article is in stock, it is clearly indicated by a green spot. If the article is out of stock, the spot is orange. If an article is not available, harneyshop.eu will inform the customer as soon as possible.

The contract between the customer and harneyshop.eu is valid as soon as the order is accepted by harneyshop.eu.

For any questions about ordering goods, please send an e-mail to sales@harney-europe.com.

Article 8. Payment.

In order to deal with the orders as quickly as possible and to offer the best service possible, harneyshop.eu asks his customers to pay when putting in the order. If the customer gives up his order (see Article 10 of Terms of online sale/purchase), harneyshop.eu will pay him back without compensation. The return to sender costs must be paid by the customer(see Article 10 of Terms of online sale/purchase). The purchase price will be paid via the HiPay server (www.hipaywallet.com - see article 9 of Terms of online sale/purchase) when putting in the order. harneyshop.eu works with the HiPay server so that all the banking details of the customer are scrambled before being safely transmitted. The customer can use the following payment methods :

  • By indicating the type of credit card (Visa, Eurocard, Mastercard), the number of the credit card, the date of expiration and its cryptogram (if necessary)
  • Via Home Banking (ING Home''Pay, Dexia NetBanking and Dexia Direct Net, KBC Online and CBC Online).
  • Via Bancontact/Mastercash (FORTIS, DEXIA, ING et VDK Spaarbank).
Authorization : the money is saved and blocked on the buyer’s account until it is transferred to the account of the tradesman (second step – data capture) or released when the authorization is cancelled. NB : a delayed payment is only possible via credit cards.

For any question about payments, please send an e-mail to sales@harney-europe.com.

 

Article 9. Safety of electronic payments.

All payments happen via the highly secured company HiPay (www.hipaywallet.com) located in Brussels.

HiPay are experts in payment safety and guarantees that all personal banking details are transmitted and kept according to the highest quality and security standards.

How it works :
  • 1. The customer connects to the website harneyshop.eu, he chooses articles that he puts into his shopping basket and then begins to put in his order.
  • 2. After registering, the customer communicates his delivery and invoicing details. The total amount (all taxes and delivery costs included) is clearly indicated to the customer.
  • 3. After receiving a summary statement of his order the customer confirms that he wants to proceed to the payment procedure.
  • 4. The customer is clearly redirected to the HiPay website where he enters his payment details.
  • 5. The payment is then asked to the bank.
  • 6. The customer gets the result of the transaction that he can then print and keep as a valid proof of payment.
  • 7. harneyshop.eu then deals with the automatic after sale procedure and sends the goods to the customer.

When the time has come to enter the payment details (step 4), the customer is automatically redirected to the HiPay website. Transmitting personal banking details (number of credit card for instance) happens between the customer and the HiPay website; harneyshop.eu will never have any knowledge of these banking details. This procedure guarantees the confidentiality towards harneyshop.eu but also makes it possible to develop new payment methods without having to modify the harneyshop.eu website.

Besides, all transaction costs are paid by harneyshop.eu.
At the end of the payment procedure (step 7), it is up to the harneyshop.eu website to choose an after sale procedure (managing the stock, downloading etc.).

This system offers the customer all the possible advantages when paying for goods on harneyshop.eu

  • The personal details are protected by using the SSL or SET technologies. No personal detail can ever appear on the network.
  • Confidentiality of the payment details (credit card number)
  • The harneyshop.eu website never has any knowledge of the customer’s credit card details.
  • Every communication between the customer’s browser and HiPay uses the SSL 128 bits encoding technology. It is not possible for the customer to use a browser that wouldn’t support that encoding technology. The HiPay Company received a certificate from Verisign.
  • HiPay is protected by several firewall systems to prevent from having access to the details or to the payment browser.
  • Subscription via HiPay to anti-fraud detection systems.

Article 10. Giving up a purchase.

The customer has the right to notify harneyshop.eu that he wants to give up his purchase, without having to pay a fine, within 7 working days from the day following the delivery of the order.

As a reminder : your purchases are very carefully packed with protecting materials so that we can guarantee that the delivery will happen in the best possible conditions.

All the goods we send are insured, free of charge, against damaging and theft during the transport. When getting your parcel, you must carefully check the integrity of your order and of all the articles. This must happen in the presence of the person in charge of the delivery in order to have reserves if necessary.

harneyshop.eu will only agree with the customer giving up his purchase if the genuine packaging of the article is still intact; this means that the seal and the article itself haven’t been used or damaged.

The buyer must notify his decision to give up a purchase via an e-mail to sales@harney-europe.com. The customer, provided he has notified his decision in time (within 7 working days from the day following the delivery), will then get a return authorization number. The customer always has to pay for the return costs of the parcel. It is advisable for the customer to deal with FedEx (partner of harneyshop.eu) for a secured and guaranteed delivery. The customer is kindly requested to very carefully protect the goods to be returned.

To make things easier harneyshop.eu offers to pay you back via a money transfer to your bank account. This is easy, quick and safe and the only thing you have to do is to indicate your bank account number on the dispatch note that goes with the returned goods. harneyshop.eu will then make the payment as soon as possible (maximum 30 days), depending on the time of notification of the customer’s intention to give up his purchase and after the goods have been returned to harneyshop.eu. The return costs will not be paid back.

If goods are improperly returned, harneyshop.eu can decide to refuse any further order from the customer.

For any question about giving up an order, please send an e-mail to sales@harney-europe.com.

Article 11. Warranty and after sale services.

All the goods we sell have the legal guarantee of conformity, the legal guarantee against latent defects and the guarantee of the maker which can vary according to the goods and brands.

In the case of an exchanged order, the sending costs have to be paid by the customer. However, if the guarantee of conformity is applicable to the returned goods, all the costs will be refunded to the customer.

Whatever the problem may be, when you send back an article, you must always join a copy of the invoice, the certificate of warranty (inside the box) and the return slip.

The guarantee is not applicable to the repairing of any damage due to a cause that is external to the device itself (e.g. accident, shock, lightning, replacement of consumables such as batteries, bulbs, fuses…) or in case of a fault committed by the consumer: inappropriate use of the device, commercial use of the device, using unsuitable peripherals, accessories or consumables… You are kindly requested to have a careful look at the user’s notice that goes with the goods.

If articles are not true to the information given on the website or if they have latent defects, they will be replaced or refunded according to the availability of the articles and to the customer’s wishes. The articles with a guarantee will only be taken in part exchange with their delivery slip. If the article cannot be replaced because of a problem of stock, the customer will get a gift token of the same amount as the article that he can then use in our harneyshop.eu shop.

The articles that have been modified, repaired, integrated or added by the customer or any other person without the approval of the Supplier are also excluded from the warranty. The warranty is not applicable for visible defects or defects of conformity for which a complaint must be made by the customer within 7 days after the delivery of the articles, at the risk of loss of rights. The warranty is not applicable to the articles that would have been damaged in a faulty use.

In any case, harneyshop.eu is not responsible if a maker refuses to apply the warranty on one of its articles for one of the preceding reasons.

To make the after sale services easier and more efficient when it deals with electronic devices, the customer will be redirected to service points that are closer to the customer’s home.

If the customer wants to return articles, this must have been allowed beforehand by harneyshop.eu thanks to a return number. The customer must make his request by sending an e-mail to sales@harney-europe.com, after a written acceptance from harneyshop.eu.

Article 12. Responsibility

The Thedis Europe S.A. has only just an obligation of means in the matters of having access to the website, ordering, delivery and further services.

harneyshop.eu is not responsible for any drawback or damage caused by the use of the Internet, such as an external intrusion in the system, the presence of viruses or any fact of absolute necessity, according to the jurisprudence.

harneyshop.eu is not responsible for any material, immaterial or corporal damage caused by the faulty working or faulty use of the marketed articles. harneyshop.eu is not responsible either for the changes to articles introduced by the suppliers. Anyway the responsibility of harneyshop.eu is strictly limited to the amount of the order and cannot be called into question for possible mistakes or omissions that would remain in spite of all our care and attention when presenting the articles.

harneyshop.eu is not responsible towards a customer or a third party for any indirect damage, loss of operating, profit or turnover in any way whatsoever.

Without limiting the preceding paragraphs, the responsibility of harneyshop.eu cannot exceed the sums paid or payable during the transaction at the origin of the mentioned responsibility whatever the cause or kind of action.

harneyshop.eu is not responsible for the non-completion of a contract if the goods are out of stock or unavailable, in case of absolute necessity, of perturbation or total strike of the postal services and/or transport, of fire or flooding.

harneyshop.eu promises not to disclose personal details of a customer to a third party. Those data are confidential. They will only be used by our internal services to deal with the customer’s order and to improve and personalize our communication via e-mails and newsletters. The data can also be used to improve and personalize the website itself according to the preferences of the users. Harneyshop.eu is entitled to supply statistics about its customers, sales, and information on the site to a trustworthy third party but those statistics will never contain any personal details.

harneyshop.eu does not sell, market or hire the personal details of its customers to a third party.

Article 13. Copyright

Legal information – Conditions of use of the website
The use of the harneyshop.eu website is subject to the respect of the “Terms of online sale/purchase” formerly described. Accessing to the website means that you have read and agreed with the “Terms of online sale/purchase”.

Quality of information and services, responsibility limitation
The hypertext links on the harneyshop.eu website will redirect you to other Internet sites but do not make harneyshop.eu responsible for the content of those sites. The customer will take their own conditions of use into account.

Rights of intellectual property
The texts, make-up, illustrations and other elements of the harneyshop.eu website are protected by the copyright or by a specific right for the database. All these elements are the property of harneyshop.eu or of a third party that has given harneyshop.eu the necessary authorizations.

Hyperlinks to the site
It is allowed to create links (surface linking) to the home page or any other page of the harneyshop.eu website without first obtaining our agreement. On the other hand, using techniques, such as framing or in-lining, aimed at integrating part of, or the whole of the harneyshop.eu website in an Internet site while at the same time hiding the exact origin of the information needs a previous agreement from harneyshop.eu. You can send your request to the board of harneyshop.eu via an e-mail to sales@harney-europe.com

Passing on information

Do not pass on illegal, threatening, obscene, defamatory, provocative, blasphemous or pornographic information, or any other information that could lead to a civil or penal responsibility according to the laws of the Country the Site refers to.

Article 14. Entirety

If one of the terms of the contract became null and void because of a change in the legislation, in the regulations or because of a decision of justice, this wouldn’t influence the validity and the respect of the present Terms of online sale/purchase.

Article 15. Duration

The present terms are applicable as long as harneyshop.eu offers its services online.

Article 16. Evidence

The electronic files which are saved, in reasonable security conditions, in the data processing systems of the Thedis Europe S.A. and its partners will be considered as evidence of communications, orders and payments between both parties.

The Terms mentioned on this site are applicable to all deliveries in Europe only. The articles sold by harneyshop.eu are true to their description and presentation from the catalogue. However, in spite of our care and attention, mistakes can occur in the catalogue. harneyshop.eu is not responsible for those facts.

Article 17. Keeping and filing of the transactions

The filing of the order forms and invoices is made on a long-lasting and reliable input medium in order to have a lasting and accurate copy.

Article 18. Applicable law and competence

The present Terms are subject to the Luxembourg law. In case of a dispute, the customer will first get in touch with harneyshop.eu in order to reach a friendly agreement. If it is not possible, the courts of the judicial district of Luxembourg are the only ones to be competent whatever the delivery address or the methods of payment may be.


Article 19. Organic Certification

Organic Certification by CERTYSIS
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