General terms & conditions
1. Terms & conditions
These terms and conditions apply to all usage by online visitors and orders placed by customers of theharbourkids.com. By accepting these terms and conditions, you enter into an agreement with The Harbour Kids, KvK: 66177677, BTW NL044842995B01, Kemperwerg 96, 3052 VJ, Rotterdam, The Netherlands (hereafter The Harbour Kids).
It’s the buyers obligation to accept and take notice of the terms and conditions before placing an order. By placing an order, you enter into an agreement with us and accept these terms and conditions. The Harbour Kids reserve the right to modify the terms and conditions from time to time. Any changes made after you have placed an order will not affect that order unless required by law.
2. Applicable law
These terms and conditions and all disputes arising in connection with these terms and conditions or with the use of the website or with any purchase on the website shall be governed by applicable dutch law. As The Harbour Kids may modify or amend these terms and conditions at any moment, you are asked to accept only the terms and conditions applicable at the time of purchase with each of your orders.
3. Ownership of rights
All rights, including copyrights at theharbourkids.com remain with The Harbour Kids and its subsidiaries. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission.
Before proceeding to payment, you can review your order, including your total price inclusive of vat and shipping charges, and make changes if needed. You are bound by your order from the moment you confirm the order and the terms and conditions thereby stipulated have been fulfilled. This occurs once the order has been submitted and payment is confirmed. Please note that the order will not be valid if The Harbour Kids cannot confirm the billing and shipping address(es) that you provide. Once you have confirmed your order you will receive an immediate online confirmation on your screen at the end of the checkout, as well as a digital order confirmation via e-mail. This confirmation is a receipt of your order online. A digital delivery note is sent via e-mail when your order is shipped. This is a confirmation of your delivery.
We only sell items that we have in stock. Garments may sell out during the shopping session, and stock availability will be updated once you reach the checkout. We cannot guarantee item availability online or in our stores via the website as some garments that can be seen online are only available, or may be sold out, in selected stores.
In certain collections you can order a maximum number of products and we reserve the right to change your order if the maximum number has been breached.
We reserve the right to alter/change/cancel an order in the event that stock levels have been incorrectly displayed by the time of the order placement.
All product information displayed on theharbourkids.com are subject to change.
Prices on theharbourkids.com are provided in the following currencies: EUR. All prices are subject to change.
6. Delivery & freight
The shipping country is chosen at checkout. All prices, currencies, vat, delivery times and delivery charges will be adjusted depending on the country you would like your items shipped to. The Harbour Kids will dispatch the approved orders within 2-5 days (monday-friday) or as quickly as possible and in the order that they have been received. Exceptions to this may occur during releases, inventory management, bank holidays and sale periods when handling may take more time.
Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Delivery times are dependent on the country where goods are shipped to and the choice of freight method. The Harbour Kids is not responsible for any delays caused by destination customs clearance processes.
If a delivery suffers a delay or if the delivery cannot be dispatched or only partially dispatched due to the goods not being in stock or other reasons, the consumer will be informed about this as quickly as possible or at the latest 30 days after the order was placed. In this case, the consumer will be given the option to terminate the agreement, free of charge. The Harbour Kids will refund the consumer in full, at the latest within 30 days after termination.
6.1 Shipping destinations and shipping fees
Shipping fees are specified in € (euro) and will be displayed in checkout before the final payment step. Actual freight cost are dependent on the country where goods are shipped to.
6.2 Uncollected packages
The Harbour Kids will not pay shipping for uncollected packages. Customers will be charged with the cost of return freight and administrative fees.
6.3 Delivery charges
Prices include vat when ordering to countries inside the EU. Orders to countries outside the EU may be subject to vat, import duties and/or taxes, which are levied once your package reaches your country. This means that we do not collect vat, duties and/or taxes on orders to countries outside the EU and we cannot predict what your particular charges may be. If any such additional charges occur, they must be rendered by the customer in order for the package to clear customs. Please contact your local customs office for more information.
6.4 Damaged goods/missing items
If you as a customer upon receiving your goods acknowledge that the shipment is visibly damaged from transportation you have the responsibility to report this to the local forwarding agent (PostNL), this goes for both pick-up and home deliveries. If you as a customer upon unboxing your order acknowledge that the goods are damaged or that items are missing, you are responsible to contact The Harbour Kids customer service within 7 days from delivery with your order number and shipment number. The economic responsibility is yours if products are damaged or missing during the return transport. Please consider using a trackable shipping service, to guarantee the arrival of your returned item.
6.5 Faulty goods/information
If a situation occurs where the customer receives wrong and/or duplicate order(s) The Harbour Kids reserves its right to get back all products in its original condition. The customer has to return it to The Harbour Kids within 14 days of delivery with no exceptions. The Harbour Kids will compensate the cost of shipping.
At the event of products being sold due to incorrect pricing caused by technical problems and/or mistakes by personnel of The Harbour Kids, we reserve the right to cancel the order, refund the money and inform the customer of the situation.
7. Cancellation and right of return
As a customer within EU you have the right to cancel your purchases without giving any reason within a period of 14 calendar days after the day of delivery of the goods. The goods have to be undamaged and unused, with all The Harbour Kids labels or tags intact. Returns that are damaged or soiled, washed, altered or worn (other than to try the item on) may not be accepted and may be sent back to the customer and/or a refund refused. All items returned should include the completed returns note (see website for our return-form) with an order reference number and your contact details. Please consider using a trackable shipping service, to guarantee the arrival of your returned item. unidentified returns may not be eligible for a refund. As a customer outside EU you have the right to cancel your purchases without giving any reason within a period of 30 calendar days after the day of delivery of the goods.
If you acknowledge a production error the goods can be returned against a valid receipt and/or order confirmation. For faulty items The Harbour Kids will make a full refund to you, including for return shipping, as soon as possible. goods are faulty if they are received damaged or where a manufacturing fault occurs within three months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty. Where possible, The Harbour Kids will offer to repair faulty items. If it cannot be repaired or the same product is not available for re-order, you are entitled to a full refund including cost of shipping and return.
The Harbour Kids supports the consumer purchasing act in terms of cancellation policy as recommended by the dutch consumer authority. The dutch courts will have exclusive jurisdiction for any dispute under this agreement.
7.2. Changes to placed orders
Once your order has been placed and you have received an order confirmation email, we will begin handling your order. At this point you may not make any changes to your order. If there is any mistake made in registering customer contact or address details when placing the order, it is your responsibility to immediately contact The Harbour Kids. The Harbour Kids is not responsible for goods sent to an erroneous and/or incorrect address submitted by customers.
7.3 Exchange of goods
If customers wish to exchange goods in an already delivered order, whereby for example the wrong size has been ordered, we ask customers to return the goods wished to be exchanged and place a new order with the correct item(s). In the event of questions or assistance please contact us via firstname.lastname@example.org.
8. Force majeure
In case of force majeure, all obligations contracted by theharbourkids.com are procrastinated. In this case the contract between you and The Harbour Kids can be partially or fully terminated by yourself or by The Harbour Kids. With force majeure we refer to the event(s) of natural disasters, war, strikes, revolution, riot, import/export lockout and/or blockage, transportation interference, failure of electricity, telephone or internet service and/or disease whether this strikes us as an organization or one of our suppliers direct or indirect.
The Harbour Kids holds the right to cancel and refund any order(s) that are suspected to be made in a fraudulent or otherwise harmful way in order to secure the safety of our consumers’ transactions via our online services.
The Harbour Kids reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access to the site and/or forward information on transactions to authorities or payment provider. Individuals violating the restriction of password protected areas of the site may be subject to prosecution.
General terms adjusted on 18th april