terms-of-service
Terms and Conditions of Sale – Hatherley London
These Terms and Conditions of Sale govern all offers, orders, transactions and agreements concluded via the website operated under the brand Hatherley London. By accessing the website or placing an order, the customer confirms that they have read, understood and accepted these Terms without reservation or limitation.
1. Definitions
For the purposes of these Terms and Conditions:
- Withdrawal Period refers to the legal period during which the customer may exercise their right to cancel under applicable consumer law.
- Customer means any natural person acting for purposes outside their trade, business, craft or profession.
- Day means a calendar day.
- Continuous Performance Contract means an agreement for the repeated supply of goods or services over a specified or indefinite period.
- Durable Medium means any instrument enabling the customer to store information in a way that is accessible for future reference and reproduction.
- Right to Cancel means the legal right of the customer to withdraw from a distance contract within the applicable period.
- Seller refers to Hatherley London.
- Distance Contract means any agreement concluded without the simultaneous physical presence of the seller and the customer.
- Terms refers to these Terms and Conditions of Sale.
2. Scope
These Terms apply to all offers, sales and distance contracts between Hatherley London and the customer.
Prior to concluding a contract, the customer is given the opportunity to review these Terms. Where it is not possible to provide them physically, clear instructions will be given on how to access them, and they will be supplied free of charge upon request.
When contracts are concluded electronically, these Terms are made available in a format that can be stored on a durable medium.
Any deviation from these Terms shall only be valid if expressly agreed in writing by the seller.
The name “Hatherley London” is a trading name and does not imply the existence of a physical retail establishment unless explicitly stated. No rights may be derived from any geographical references used for branding purposes.
3. Offers
All offers made by Hatherley London remain valid while displayed on the website and subject to availability. The seller reserves the right to modify or withdraw any offer at any time.
Product descriptions, specifications and images are presented with the utmost care. However, images are for illustrative purposes only. Minor variations in colour, texture or finish shall not be considered defects.
Information regarding pricing, availability and delivery times is indicative and may change unless otherwise required by law.
4. Formation of the Contract
The contract is formed when the customer completes the order process and expressly accepts the offer. An order confirmation will be sent electronically without undue delay.
Hatherley London reserves the right to refuse or cancel any order in cases of suspected fraud, incorrect information, payment issues or product unavailability.
All contracts are subject to product availability.
5. Right to Cancel
In accordance with applicable consumer protection laws, the customer has a period of fourteen (14) days from receipt of the product to exercise their right to cancel without giving any reason.
During this period, the product must be handled with care and only to the extent necessary to assess its nature, characteristics and functionality.
To exercise the right to cancel, the customer must notify Hatherley London in writing before the expiry of the withdrawal period. The product must then be returned within fourteen (14) days of such notification.
Failure to comply with these conditions may result in loss of the right to cancel.
6. Costs in Case of Cancellation
In the event of cancellation, the direct costs of returning the goods shall be borne by the customer. Products may be returned to an international logistics centre designated by the seller.
Refunds will be processed within fourteen (14) days of receipt of the returned goods or proof of return provided by the customer. Refunds will be issued using the original payment method unless otherwise agreed.
7. Exclusion of the Right to Cancel
The right to cancel does not apply to certain products, including:
- Goods made to the customer’s specifications or clearly personalised
- Perishable goods or items liable to deteriorate rapidly
- Sealed goods which are not suitable for return due to health or hygiene reasons once unsealed
- Services fully performed before the end of the withdrawal period with the customer’s prior consent
8. Prices, Customs Duties and Import Charges
Prices displayed on the website are shown in euros (EUR), unless stated otherwise.
Prices do not include customs duties, import taxes, clearance fees, administrative charges, brokerage fees or any other charges that may be imposed by authorities in the destination country.
Products are shipped from international logistics centres, primarily located outside the European Union.
Deliveries are made in accordance with the Incoterm Delivered At Place (DAP) (also referred to as Delivered Duty Unpaid (DDU)). As such, the customer acts as the importer of record and is fully responsible for payment of any customs duties, taxes and associated fees upon import.
Hatherley London shall not be held liable for delays, customs inspections, import refusals or additional charges imposed by authorities.
If the customer refuses to pay the applicable duties or taxes, resulting in return, destruction or abandonment of the parcel, all resulting costs shall be borne by the customer and may be deducted from any refund.
9. Conformity and Guarantees
Hatherley London is bound by applicable legal guarantees relating to product conformity and hidden defects under relevant consumer laws.
Any defect, anomaly or delivery error must be reported in writing within a reasonable time after receipt.
The seller shall not be held liable for damage resulting from misuse, normal wear and tear, or use inconsistent with provided instructions.
10. Delivery
Products are delivered to the address provided by the customer at the time of ordering. Unless otherwise stated, delivery shall take place within a maximum of thirty (30) days.
In the event of significant delay, the customer may terminate the contract in accordance with applicable consumer law.
Risk transfers to the customer at the moment the goods are physically received by the customer or a designated third party.
11. Continuous Performance Contracts
Contracts concluded for an indefinite period may be terminated by the customer at any time, subject to reasonable notice.
Fixed-term contracts shall not renew automatically unless explicitly agreed otherwise.
12. Payment
Payment must be made using the methods offered at the time of ordering.
In the event of non-payment or failed payment, Hatherley London reserves the right to suspend or cancel the order.
The customer is responsible for providing accurate and complete payment information.
13. Complaints
Any complaints must be submitted in writing within a reasonable time after the issue has been identified, using the following contact details:
Hatherley London aims to respond within a maximum period of thirty (30) days.
If a dispute cannot be resolved amicably, the customer may seek resolution through an alternative dispute resolution (ADR) scheme in accordance with applicable consumer protection laws.
14. Company Information and Transparency
Parkstad eComm
Bergerweg 61-8572
6135KD Sittard
Netherlands
Chamber of Commerce (KvK): 96706058
Email: support@hatherley-london.com
15. Applicable Law and Jurisdiction
These Terms and all agreements concluded with Hatherley London shall be governed by the laws of the Netherlands.
Any disputes relating to the validity, interpretation, performance or termination of a contract shall be subject to the exclusive jurisdiction of the competent courts of the Netherlands, without prejudice to mandatory consumer protection rights.
16. Limitation of Liability
To the fullest extent permitted by applicable law, Hatherley London shall not be liable for any indirect, incidental, consequential or special damages arising from the performance of the contract or the use of the website.
This includes, without limitation, loss of profits, loss of revenue, loss of data, loss of business opportunities or reputational damage.
Where liability cannot be excluded, it shall be limited, to the extent permitted by law, to the total amount paid by the customer for the product giving rise to the claim.
Nothing in these Terms shall exclude or limit any liability that cannot be excluded under applicable law.
17. Force Majeure
Hatherley London shall not be held liable for any failure or delay in the performance of its obligations due to events beyond its reasonable control.
Such events include, but are not limited to, natural disasters, extreme weather conditions, pandemics, government actions, strikes, transport disruptions, customs delays, supplier failures, system breakdowns or interruptions to communication networks.
In the event of force majeure, obligations shall be suspended for the duration of the event. If such circumstances persist for a prolonged period, the seller may cancel the affected order without liability.
18. Product Variations and Presentation
Products displayed on the website are described and presented with the greatest possible care.
However, minor variations in colour, texture, material, stitching or finish may occur due to manufacturing processes, screen display settings, lighting conditions or production batch differences.
Such variations are considered normal in online retail and shall not be regarded as defects or non-conformity.
19. Dimensions and Sizing Information
All measurements, size guides and fit descriptions provided on the website are indicative only.
Minor variations may occur due to manual measurement methods or production tolerances.
The customer acknowledges that fit and appearance may vary depending on individual body shape, personal preferences and styling.
No guarantee of a perfect fit is provided.
20. Customer Responsibility
The customer is responsible for reviewing all product information, size guides, care instructions and applicable policies before placing an order.
By completing an order, the customer confirms that this information has been read and accepted.
Hatherley London shall not be held liable for dissatisfaction resulting from incorrect assumptions or expectations on the part of the customer.
21. Use and Care of Products
Products must be used and maintained in accordance with any instructions provided.
Any damage resulting from improper use, incorrect care, exposure to unsuitable conditions or normal wear and tear over time shall not be considered a defect.
Hatherley London shall not be held liable for any reduction in product lifespan resulting from failure to follow care instructions.
22. Third-Party Services
Hatherley London relies on third-party providers for payment processing, logistics, website hosting and analytics services.
While reasonable care is taken in selecting these providers, the seller shall not be held liable for interruptions, errors or delays caused by third-party systems.
Temporary unavailability of such services shall not entitle the customer to compensation or order cancellation.
23. Chargebacks and Payment Disputes
If a customer initiates a chargeback or payment dispute without first contacting customer support, Hatherley London reserves the right to suspend order processing and conduct an internal investigation.
Unjustified chargebacks may, where permitted by law, result in administrative fees being charged to the customer.
24. Fraud Prevention and Order Verification
Hatherley London reserves the right to implement reasonable fraud prevention measures, including order verification, requests for additional documentation or cancellation of an order.
Failure to cooperate with verification requests may result in order cancellation without liability on the part of the seller.
25. Reviews and User-Submitted Content
Reviews, comments or feedback submitted by customers may be used by Hatherley London for informational or promotional purposes, unless the customer expressly objects in writing.
The seller reserves the right to remove or moderate any content deemed misleading, inappropriate, offensive or unrelated to the product or service.
26. Amendments to the Terms
Hatherley London reserves the right to amend these Terms and Conditions at any time.
Changes shall take effect upon publication on the website.
Continued use of the website following such changes constitutes acceptance of the revised Terms.
27. Severability
If any provision of these Terms is found to be invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity of the remaining provisions.
28. Entire Agreement
These Terms, together with the Privacy Policy and Shipping Policy, constitute the entire agreement between Hatherley London and the customer.
No verbal agreement or representation shall be binding unless confirmed in writing.
29. Language
These Terms are drafted in English.
In the event of translation into another language, the English version shall prevail in the event of any discrepancy or inconsistency.
30. Final Provision
By placing an order with Hatherley London, the customer confirms acceptance of these Terms and Conditions in full.
These Terms apply to all current and future transactions unless expressly agreed otherwise.