4 ONLINE ORDERS
4.1 Order Acceptance
4.1.1 All orders are subject to acceptance in accordance with Our Order Acceptance Policy.
If You have provided Us with a valid email address, then after You have ordered We will send You an order acknowledgement email detailing the Products You have ordered. This does not mean that Your order has been accepted. Our acceptance of Your order will take place upon dispatch of the Product(s) ordered. On dispatch of Your order we will send You a dispatch confirmation email, at which point the contract between Us and You will be formed. These emails form part of the order process, and are not Marketing communications.
We may be unable to supply You with a Product and not accept an order because:
- The Product You ordered is unavailable;
- We are unable to obtain authorisation for payment or there is a problem receiving Your payment;
- We have identified a pricing or Product description error;
- The quantity of Product ordered is above restrictions placed upon Us by Our suppliers;
- You fail to meet the eligibility to order criteria as out in the Conditions.
If there are any problems with Your order, You will be contacted by Our Customer Services Team as soon as possible.
We reserve the right to reject any offer to purchase by You at any time.
If you have already paid for the Products we will refund you the full amount including any delivery costs charged as soon as possible.
4.1.2 All Products shown on the Website are subject to availability.
4.2 Order cancellation, amendment and returns
4.2.1 If You order from Us You have the right to cancel Your order at any point up to the end of fourteen calendar days after the day on which You receive the Goods. We cannot accept cancellations after this period. To cancel, you just need to let us know that you have decided to do so. You can complete the cancellation form on the Website, in which case we will email You to confirm We have received Your cancellation. Alternatively You may use a copy of the cancellation form which is in the Schedule to these Conditions.
You can also e-mail Us at email@example.com or contact our Customer Services on +44 (0)20 7201 8088 or post to
Harvey Nichols Customer Services
30-34 St. Andrew Square
If you are e-mailing Us or writing to Us please include details of Your order to help Us to identify it. We will need to process your Personal Data in order to investigate your enquiry. Please do not include any sensitive or payment card information in the email you send us. If You send Us Your cancellation notice by e-mail or by post, then Your cancellation is effective from the date You send Us the e-mail or post the letter to Us.
Please note that orders are normally processed swiftly, so it is in both our interests if You can get in touch with Us promptly, otherwise We may have already packaged Your order and made arrangements for it to be sent to You. In these circumstances, We may not be able to prevent the delivery of Your order.
We cannot accept cancellations or returns for certain Goods.
Please see our Returns Policy for further details on cancellation and returns.
4.2.2 If You cancel Your contract We will:
(a) where the Goods have not yet been dispatched, seek to prevent dispatch if possible (in which event Your purchasing card will not be charged); or
(b) refund You the price You paid for the Goods. Please note We are permitted by law to reduce Your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns Page. If We refund You the price paid before We are able to inspect the Goods and later discover You have handled them in an unacceptable way, You must pay Us an appropriate amount;
(c) refund any delivery costs You have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method We offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 2-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(d) make any refunds due to You as soon as possible and in any event within the deadlines indicated below:
(i) if You have received the Goods and we have not offered to collect them from You: 14 days after the day on which We receive the Goods back from You or, if earlier, the day on which You provide Us with evidence that You have sent the Goods back to Us. For information about how to return Goods to Us, see clause 4.2.5;
(ii) if You have not received the Goods or You have received them and We have offered to collect them from You: 14 days after You inform Us of Your decision to cancel the contract.
4.2.3 If You have returned the Goods to us under this clause 4 because they are faulty or mis-described, we will either refund the price of the Goods in full together with any applicable delivery charges or alternatively provide replacement Goods, and in each case reimburse You any reasonable costs You incur in returning the faulty or mis-described item to Us.
4.2.4 We will refund You on the credit card or debit card used by You to pay.
4.2.5 If Goods have been delivered to You before You decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, return it to us in-store or have a prearranged collection by our authorised carrier. Please see our Returns Page for our returns address and how to arrange a return. If our customer services have offered to collect the Goods from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Goods are faulty or not as described (see clause 4.3.3), You will be responsible for the cost of returning the Goods to Us. If the Goods cannot be returned by post, We estimate that if You use the carrier which delivered the Goods to You, these costs should not exceed the sums We charged You for delivery. If We have offered to collect the Goods from You, We will charge You the direct cost to Us of collection.
4.2.6 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.
4.2.7 If you live in the EU, you have the right to cancel your order, within 14 days of receiving the goods, under Consumer Contract Regulations 2013 (CCRs), which govern all internet and mail-order shopping.
4.2.8 Please note, due to health and safety reasons, face coverings are non-refundable.
4.3 Prices and Payment
4.3.1 The prices of the Products will be as quoted on the Website at the time You submit Your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
4.3.2 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges Page.
4.3.3 Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Website may be incorrectly priced. If we discover an error in the price of the Products You have ordered we will contact You to inform You of this error and we will give You the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process Your order until we have Your instructions. If We are unable to contact You using the contact details You provided during the order process, we will treat the order as cancelled and notify You in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mispricing, we do not have to provide the Products to You at the incorrect (lower) price.
4.3.4 With regard to any contract for the purchase of Products from the Website, all prices and delivery charges are inclusive of VAT (where applicable) at the current rates, and are correct at the time of entering Your order onto Our system. The total cost of Your order is the price of the Products ordered plus delivery charges, as set out in the Delivery section of the Website.
4.3.5 You confirm that the credit or debit card used for the purchase of the Goods is Yours. All credit and debit cards are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorise payment to Us, We will not be liable for any delay or non-delivery.
4.3.6 Please be aware that We do not have the facility to deduct VAT when charging for goods. Customers who are resident in the Channel Islands and qualify for a VAT refund should contact Our Customer Services Team after delivery. We will then credit the amount of VAT charged in the total amount of the goods.
4.4 Refusal of transaction
4.4.1 With regard to any contract for the purchase of Products from the Website, We reserve the right to withdraw any Products from the Website at any time and/or remove or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at Our sole discretion. We will notify You if We do not accept Your order. We will not be liable to You or any third party by reason of:
- Our withdrawing any Product from the Website, whether or not that Product has been ordered;
- Removing or editing any materials or content on the Website;
- Refusing to process a transaction after processing has begun.
4.4.2 With regard to food and beverage orders anything that has a best before day of more than 4 weeks will be provided in your online order. Any products with less than four weeks best before date will result in a nil fulfilled order and the option of either receiving or cancelling the order will be given.
4.5 Eligibility to order
4.5.1 To be eligible to purchase Products on this Website and lawfully enter into and form a contract with Us under English law, You must:
(a) When creating an order, provide Your real name, phone number, email address, payment details and other requested information;
(b) Stipulate a delivery address in the United Kingdom or United Kingdom Offshore or the Republic of Ireland. Please note that PO Box numbers, BFPO addresses, mail forwarding addresses and temporary-residence addresses are not acceptable;
(c) Possess a valid credit or debit card issued by a bank acceptable to Us;
4.5.2 By making an offer to buy a Product, You specifically authorise Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including, but not limited to, Your debit or credit card number or credit reports, to authenticate Your identity, to validate Your debit or credit card, to obtain an initial debit or credit card authorisation and to authorise individual purchase transactions.
4.5.3 Certain Products can only be purchased if You satisfy the legal age requirement for the Products. This requirement will be stipulated with the Product details on the Website. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, you should not attempt to order these Products through the Website.
4.6.1 Delivery options vary by product and service. See our Delivery Options page for details.
4.6.2 We endeavor to deliver UK orders within 3 working days, excluding weekends and UK bank holidays. Due to the nature of our products, seasonal increases in demand and factors beyond our control, there may be occasional delays to delivery times.
4.7 Promotions and discounts
Discounts are issued in the form of either '£ savings' or a 'percentage off' which are offered to customers via promotional emails, advertisements, on-site banners or third party communications.
There is no cash alternative and all applicable terms and conditions are non-negotiable. Unless otherwise stated, discounts are only applicable to full-price items (sale and clearance items are not included). We reserve the right to cancel or change any promotion/discount without notice, at any time.
4.7.2 Using promotional codes
If using a promotional code, the code provided should be entered in the 'Promotional Code' box at the checkout. Some promotions will be subject to a minimum spend threshold (please refer to the original source of the promotion). Wherever a minimum spend threshold applies, the minimum spend does not include shipping costs.
4.7.3 Returning an item purchased under a promotion
Items purchased using a promotional code are subject to our Returns Policy.