Terms

General
These terms and conditions set out the basis on which you can use our website and place orders for items from Harby Apparel. By ordering goods from Harby Apparel you are deemed to have understood and accepted these terms. You may contact us by email through the relevant details on the Contact page. We may contact you for market research purposes. For more information on how your personal information is handled, see our Privacy Policy.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

By agreeing to these Terms of Service, you represent that you are at least 16 years of age, and you have given us your consent to allow any of your minor dependents to use this site. You also agree that the monies used to purchase items are your own, or that you have permission from a legal parent or guardian to make the purchase.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Orders
Your order for goods is accepted and a contract is formed between Harby Apparel and you when we despatch the goods you have ordered and not before. A contract is not formed at the point in time that payment has been taken from you by Harby Apparel, nor at the point in time that you receive an email from Harby Apparel acknowledging receipt of your order. Until the goods are despatched the order may not be accepted by Harby Apparel. For security reasons we may restrict the volumes of certain items to be sold in any one transaction. Following formation of the contract, Harby Apparel shall continue to own any goods ordered until it has received payment in full from you, even though the goods may have already been delivered to you. Purchases from Harby Apparel will typically be charged the day the goods are purchased.

Cancelling Your Order & Returns
Due to the way in which our stock is produced, your order can only be cancelled by you within 24 hours of the purchase being made. After this point your order will be being processed, and such you will have to wait for your items to arrive before you can request a refund. You must take reasonable care of the goods and not use them. You should return goods to us in their original packaging, wherever possible, within 7 days of receiving the package and informing us, in writing via email to orders@harbyapparel.com, of your wish to cancel. If you return goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage. See the Returns page for details of how to return goods to us. Upon receiving your apparel back, we will issue a full refund, less shipping charges and a 15% restocking fee to cover labour and packaging materials used to send your order.

We cannot accept substitute or alternative items by way of returns, nor are we able to send them back to you, so please look closely at the items you return to us. If you return or attempt to return substitute or alternative items, you will still be responsible for paying for the original item purchased and we reserve the right to charge an investigation fee of no less than £35 to cover the cost of our investigating the position. Accepting returned goods does not constitute a waiver of our right to charge an investigation fee. Additional delivery charges such as delivery charges may not be refunded if you cancel or return your order.

Description & Photography
We have tried hard to ensure that descriptions, illustrations and our website are accurate, however, photographs and descriptions are intended to give a general idea of the item’s feel, material and sizing and Harby Apparel cannot be held legally responsible for any item not meeting personal expectations.

Prices
The prices shown are inclusive of any value added tax or sales tax. Due to circumstances beyond our control, prices may have to be altered up or down, including any alterations to the rate of value added tax or sales tax. The current price will be shown when you place your order. All prices shown are cash prices in sterling. If paying in a currency different to GBP Sterling, prices may fluctuate so please check you are paying the correct amount to avoid any delay or cancelling of your order.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Language
This information is supplied in English only and we will continue to communicate in this way during your agreement with us.

Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links & Services
Certain content, products and services available via our Service may include materials, software or payment gateways provided by third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

No warranty or guarantee of longevity or warranty of a product’s lifespan have or will be provided. At Harby Apparel’s discretion, we may choose to replace a garment if damaged or broken under certain circumstances, however this is not a guarantee of replacement and Harby Apparel cannot be held to replace a garment by this discretionary term.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant-ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Harby Apparel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Brand Ambassadors & Photo Submissions
Discount code values can be adjusted or even nullified at any point, at Harby Apparel’s discretion, if we choose to make adjustments to the programme, replace it with a new reward scheme, or remove the Brand Ambassador programme completely. Harby reserves the right to remove you as a Brand Ambassador at any time if we feel it is right for the brand’s image, if we find that use of your codes is in breach of our Brand Ambassador programme such as your personal code being supplied to followers, or if you speak in a negative light of the brand on your social accounts and bring its image into disrepute.

Photo submissions supplied to Harby Apparel by yourself, along with any information such as social account handles or links, and locations of photos, may be used for promotion of products both on social media and on the website and in print adverts or publications, and by submitting this information you grant Harby Apparel the rights to distribute these details and photos, copyright free, and at will, across these various forms of media.

Harby Apparel take no responsibility for claims made by Brand Ambassadors about the quality, longevity, material or any other statement about products which is deemed untrue or which could result in the bringing of a lawsuit to them. Harby Apparel withholds the right to pursue legal action against any Brand Ambassador which makes false or damaging claims about Harby Apparel resulting in a lawsuit, or damaging the brand’s image or integrity.

Brand Ambassadors are not employees of Harby Apparel, have no employment contract with Harby Apparel, and as such have no rights to employee benefits, salary, shares within the company, or any other benefit which an employee would usually receive. Any Brand Ambassador claiming to be an employee of the company will have their status revoked with immediate effect and may face further legal action if deemed necessary.

Brand Ambassadors are not entitled to receive any form of recompense for sales generated via their influence or code, and gifted items are done so on a merit basis, at Harby Apparel’s discretion, and are given under the understanding that posts will be created using the items to generate promotional materials and sales. These terms will be detailed in any contact from Harby Apparel, to be agreed on by the Brand Ambassador, and delivered within a reasonable time-frame. Failure to complete the agreed terms may result in costs for the items being pursued legally.

Changes
We hold the right to change or add to the terms and conditions of using and ordering with Harby Apparel at any time, and you can check the most recent terms on this page at any time.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Payments
Payments will be made to Nathan Warlow, with Harby Apparel a trading name for the services.