General

6. GENERAL

6.1. Resale of Product

You may not sell or resell any of the Products or services, or any samples thereof, that You receive from Us.

6.2. Unauthorised use of Domain Name

From time to time, certain cyber squatters or other unauthorised persons may register in bad faith a confusingly similar domain name with the intention of taking unfair advantage of Harvey Nichols Group's reputation and goodwill. The Harvey Nichols Group's Website address on the Internet is harveynichols.com and harveynicholscareers.com. Any other domain name that appears to represent itself as being a Harvey Nichols Website may not be related to Us and may represent an unlawful infringement of Our rights, reputation and goodwill. We are not responsible and cannot be held liable to any person for the contents of or anything related to these other unlawful purportedly 'Harvey Nichols' websites.

6.3. Intellectual Property

6.3.1. The content of the Website is the property of Harvey Nichols, Our affiliates, Our partners or Our licensors, and is protected by UK and international copyright laws.

6.3.2. The Trade Marks used on the Website are the registered and unregistered marks of Harvey Nichols, Our affiliates, Our licensors or Our partners, and are protected by UK and international trade mark laws. All other Trade Marks not owned by Us, Our affiliates, Our partners or Our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.

6.3.3. You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only. Any other use of the material and content of the Website is strictly prohibited.

6.3.4. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, or create derivative works of such material and content for commercial purposes.

6.4. Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

6.5. Severability

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

6.6. Third Party Rights

Any contract pursuant to these Conditions shall be between You and Us. No other person shall have the right to enforce any provision of any such contract under the Contracts (Rights Of Third Parties) Act 1999 or otherwise.

6.7. Waiver

If We waive any default by You (which We would only do in writing), this will not mean that We automatically waive of any preceding or succeeding default by You. If we fail to insist that You perform your obligations, or We delay in doing so, this does not mean We have waived our rights against You.

6.8. Law

The Conditions are governed by English law. Any contract for the purchase of Products through the Website and any dispute or claim arising out of the contract will also be governed by English law. We and You agree that the courts of England and Wales will have non-exclusive jurisdiction. If you are a resident of Northern Ireland You may bring proceedings in Northern Ireland. If you are a resident of Scotland you may bring proceedings in Scotland.

6.9. Registered Office

The registered office address of Harvey Nichols.Com Limited is:

361 - 365 Chiswick High Road
London
W4 4HS

6.10. Contact Us

Any queries or comments should be directed to:

Post:
Harvey Nichols Customer Services
30-34 St. Andrew Square
Edinburgh
EH2 2AD

Tel: +44 (0)20 7201 8088.

Email: customerservices@harveynichols.com

6.11. Questions

Questions regarding these Conditions or any related policies should be directed to the Head Office of Harvey Nichols as follows:

The Compliance Officer
Harvey Nichols Group Ltd
361 - 365 Chiswick High Road
London
W4 4HS

Tel: +44 (0)20 7201 8490
Email: compliance@harveynichols.com

6.12. The Retail Ombudsman

If we are unable to resolve a complaint that you make to us within eight weeks you can take your complaint to The Retail Ombudsman. This is an independent organisation, which specialises in providing Alternative Dispute Resolution services for consumers and retailers. As members of the organisation, we are bound by their code of practice and they can be contacted via:

Website: theretailombudsman.org.uk.
Email: enquiries@theretailombudsman.org.uk
Tel: 0203 137 8268

6.13. Gift Cards

6.13.1 How it Works

Harvey Nichols Gift Cards can be purchased and redeemed in all UK Harvey Nichols Stores, Harvey Nichols Dublin and OXO Tower.

When you use the Gift Card, the amount you wish to redeem will be deducted from the balance of the Gift Card. No change will be given, only the amount debited from the balance. The remaining balance of the card will remain on the Gift Card and can be used at a later date. Gift Cards cannot be refunded or exchanged for cash.

Gift Cards cannot currently be purchased and redeemed online. We are working to bring online purchase and redemption of Gift Cards to our customers soon.

6.13.2 Purchase and Payment

Harvey Nichols Gift Cards can be purchased with any method of payment accepted by Harvey Nichols.

Gift Cards can be purchased in both Pounds Sterling and Euros and upon redemption will be subject to the exchange rate in operation in the store on the date of redemption.

Minimum purchase (initial and top-up) of a Gift Cad is £10.00 / €10.00

Maximum purchase of a Gift Card is £10,000 / €13,000 in a single transaction.

A maximum Gift Card balance of £10,000 / €13,000 applies.

When purchasing a Gift Card (initial and top-up), points can be earned through the Rewards by Harvey Nichols Loyalty Programme.

Sale promotions and or discounts cannot be applied to the purchase or top up of a Gift Card.

6.13.3 Redeeming A Gift Card

Harvey Nichols Gift Cards can be redeemed in all UK Harvey Nichols Stores, Harvey Nichols Dublin and Oxo Tower. Gift Cards cannot currently be redeemed online nor can they be redeemed in Harvey Nichols International Stores.

Gift Cards can be used in full or as part payment. The Gift Card can be used an unlimited number of transactions as the cardholder chooses until the balance is fully depleted or the card expires.

Each time a purchase is made with a Gift Card, the transaction receipt will include an updated Gift Card balance.

If your Gift Card balance is not sufficient to cover the total value of products, then the remaining transaction value will need to be settled via any method of payment accepted by Harvey Nichols.

Gift Cards can be redeemed when placing a telephone/mail order over the telephone. Please contact the Customer Service Centre on +44 (0) 20 7201 8088.

When redeeming via telephone/mail order, you will be required to give the Gift Card serial number and the online security code. This can be located by scratching off the holographic panel on the back of the card.

Gift Cards can be redeemed in both Pound Sterling and Euros and will be subject to the exchange rate in operation on the date of redemption.

When redeeming a Gift Card, points will not be earned through the Rewards by Harvey Nichols Loyalty Programme.

6.13.4 Refunds and Exchanges

Any refunds of items purchased using a Harvey Nichols Gift Card will be refunded onto a Gift Card in accordance with our standard Harvey Nichols Refund Policy. This does not affect your statutory rights.

When refunding an item(s) from a purchase where the payment was made by multiple tender, the amount paid in cash and or credit/debit will be honoured as a preference.

6.13.5 How to check the Balance

When using a Harvey Nichols Gift Card the updated balance will be displayed on the bottom of your receipt. You may also check the balance of a Gift Card in store at any till point or via Customer Services on +44 (0) 20 7201 8088.

6.13.6 Lost or Stolen/Damaged Cards

Harvey Nichols are not responsible for lost, stolen or damaged Gift Cards. Gift Cards are treated as cash therefore Harvey Nichols will not accept responsibility in such instances.

If your Gift Card is lost, stolen or damaged, please immediately call Customer Services on +44 (0) 20 7201 8088. Please inform Customer Services of the Gift Card barcode located on the back of the Gift Card. We advise customers to take note of the barcode number upon purchase of a Gift Card. Your card will be suspended and the balance at the time of contacting the Customer Services Centre may be replaced at the discretion of the Customer Services representative. Customer Services will only be able to provide assistance where the full Gift Card barcode number can be provided.

Harvey Nichols will cancel the value of the Gift Card if we fail to receive full payment from the purchaser’s credit/debit card provider. Further action may be taken where fraudulent payment is suspected.

6.13.7 Gift Card Exclusions

Gift Cards cannot currently be redeemed online.

With the exception of Dublin, Gift Cards cannot be redeemed within our international stores.

6.13.8 Gift Card Expiry

Harvey Nichols Gift Cards will expire 24 months from the date of activation which will be the date of purchase in store or upon dispatch for online. The 24 month activation period will automatically renew when the Gift Card is used as redemption or balance top up.

If you wish to check the expiry date of your Gift Card please call Customer Services on +44 (0) 20 7201 8088.

Harvey Nichols reserves the right to amend these Terms and Conditions from time to time where we feel necessary to do so.

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