1.1 Welcome to the Harvey Nichols on-line shop. Please read these Terms and Conditions of Sale (“T&Cs”) carefully before placing your order. By continuing to purchase items you agree to be bound by these T&Cs.
We are Harvey Nichols.Com Limited, a company registered in England with our registered addresses at Harvey Nichols Harriet Walk, Knightsbridge, London, England, SW1X 7RJ. We are a wholly owned subsidiary of Harvey Nichols Group Limited. Our customer contact details are:
Harvey Nichols Customer Services
30-34 St. Andrews Square
Edinburgh
EH2 2AD
Tel: 0044 (0)20 7201 8088. Email: [email protected].
2.2. When we refer to “Harvey Nichols”, “we” or “us”, we mean Harvey Nichols.Com Limited, or where applicable, its affiliates. Where we refer to “you” or “your” we mean you, the customer.
3.1. These Terms and Conditions of Sale (“T&Cs”) govern the sale of goods by us, Harvey Nichols, to you, the customer, via our website at www.harveynichols.com and also by telephone to our Customer Services team, Stores or otherwise, and will form the basis of any contract of sale between us. If you have any questions, please contact us at [email protected].
3.2. We reserve the right to make changes to any part of these T&Cs from time to time so please ensure that you check the latest version on our website. If you do not agree to any changes, please do not proceed with your order. If you do proceed to purchase, you will be bound by the updated and current version.
Brand Partner products are currently only available for purchase by UK customers.
5.1. In order to purchase items on our website, you must be the holder of a valid debit/credit card and provide us with your genuine and accurate personal information (name, phone number, email address, delivery address etc) as requested.
5.2. Some of the items available for sale on our website are age-restricted (for example, alcohol). In order to purchase these items you, and the recipient, must be at least the minimum required age. More information about age restrictions can be found on the relevant product pages.
5.3. The products that you purchase are for your personal use only and are not to be purchased for resale or any other commercial gain.
6.1. All orders are subject to acceptance in accordance with the following process: Your placement of an order constitutes an offer to purchase goods from us. We will confirm receipt of your order by sending you a confirmation email summarising the details of your order. This does not mean that your order has been accepted. We will send you a second email when your product is dispatched. At this point your offer is accepted by us and a contract is formed.
6.2. We may sometimes be unable to supply you with a product, in which case your offer will not be accepted. For example, if:
6.2.1. The product you ordered is unavailable;
6.2.2. We are unable to obtain authorisation for payment or there is a problem receiving your payment;
6.2.3. We have identified a pricing or product description error;
6.2.4. The quantity of products ordered exceeds restrictions placed upon us by our suppliers;
6.2.5. You fail to meet the eligibility to order criteria set out above;
6.2.6. The transaction does not comply with our company policy; or
6.2.7. We suspect fraudulent or illegal activity.
6.3. We also reserve the right to refuse or reject any order entirely at our discretion at any time, and to restrict the quantity of a product being shipped to any one customer or delivery address.
6.4. If there are any problems with your order, we will contact you. If you have already paid for products and your order is not accepted, we will refund the full amount paid including any delivery charges as soon as possible.
7.1. All products shown on the website are subject to availability. The products that you place in your basket are not reserved and can be purchased by other shoppers.
7.2. 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.
7.3. As there is a delay between the time when your order is placed, and the time when the order is accepted, the stock position relating to a particular product may change. If a product you have ordered becomes out of stock after we have accepted your order, then we will not be liable to you for being unable to provide that product. If this situation arises we will notify you as soon as possible and you will not be charged for the unavailable product.
7.4. Please note that images of the products (and any associated packaging) on the website are illustrative only. Whilst we have made every effort to display the products featured on the website as accurately as possible, the colours we use, and the display and colour capabilities of your computer monitor, will greatly affect the colours you actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that your monitor's display will accurately reflect the colour, texture or detail of the product.
7.5. We reserve the right to amend the dimensions, specifications, descriptions and quantities of items displayed on our website without prior notice.
If you choose to pay by PayPal you will be redirected to the PayPal website at the check-out stage. Please note that you will be agreeing to PayPal’s terms and conditions and processes. If you choose to pay for your order using a payment card with a currency denominated account that is different from the currency you are paying in, your payment card will be charged in the payment currency and may incur additional foreign exchange rates, mark-up or fee, at foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your order. In addition, the foreign exchange rate used by Harvey Nichols may not be the same as foreign rates available in the marketplace.
9.1. Promotional vouchers are vouchers or codes that cannot be purchased but are issued by us during advertising campaigns and sales and are valid for a certain period of time.
9.2. Promotional vouchers can be redeemed once only in connection with an order, and only within the specified period. Please check the terms and conditions of any promotional voucher before using it as certain brands or products may be excluded from the promotion and a minimum order value may apply, among other restrictions. Promotional vouchers may not be used to purchase Gift Cards.
9.3. The value of the items ordered must equal or exceed the value of the promotional voucher. No refund or credit will be given for underspend. If a promotional voucher does not cover the value of the merchandise, the difference can be paid using any of the accepted payment methods. The value of promotional vouchers will not be paid out in cash, nor will it accrue interest. Promotional vouchers will not be refunded if all or some of the items you ordered are returned.
9.4. Promotional vouchers can only be redeemed before the ordering process is complete. It is not possible to apply vouchers retrospectively. Promotional vouchers cannot be transferred to third parties. Unless we have agreed otherwise, it is not possible to combine multiple promotional vouchers.
9.5. If you return items which you bought using a promotional voucher, and, as a result, the total value of your order is less than or equal to the value of the promotional voucher or if you fall below the offer threshold, we will adjust the refund accordingly.
10.1 Delivery Options: Please see our Delivery Terms.
10.2. We deliver to all UK mainland addresses, Scottish Highlands and Islands, Channel Islands, Isle of Man and Northern Ireland. We do not deliver to PO Box numbers or BFPO addresses. For international deliveries please select the country required at the top of the website. Certain restricted items cannot be shipped to international addresses. International customers will be notified to remove these items during checkout.
10.3. Please note that deliveries to non-residential addresses or houses with multiple occupants are made at the customer’s own risk and we do not accept liability for any loss suffered or damage incurred.
10.4. The delivery times given on our website are estimates and are to be used as a guide only unless you have selected a specified delivery date.
10.5. Please note that we are not liable for any delays caused by events outside of our control. If delivery is delayed by such events, we will contact you as soon as possible to let you know and we will take reasonable steps to minimize the effect of the delay. If there is a risk of substantial delay, and your goods have not yet shipped, you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received. Delivery charges will be refunded at the standard rate only.
10.6. We insure each delivery whilst it is in transit until it is delivered to your specified delivery address. We require proof of delivery, at which point responsibility for your purchased goods passes to you. The goods are your responsibility from the time we deliver them to the specified delivery address.
11.1. As a consumer, and depending on your country of residence, you may have a statutory right to cancel your order under the EU Consumer Rights Directive. This means that you can cancel within a ‘cooling off’ period of 14 days from the day after you receive the order, without giving any reason, subject to certain conditions and exceptions (please see our Returns Policy for details of these exceptions). To exercise the right to cancel, you must inform us of your decision to cancel, using the following contact details and making sure to include your order number, by using this cancellation form or alternatively contacting us by e-mail at [email protected] or a letter sent by post at the following address:
Contact details for cancellation:
Harvey Nichols Customer Services
30-34 St. Andrews Square
Edinburgh
EH2 2AD
To meet the cancellation deadline, you must advise us of your decision to cancel before the 14 day cancellation period has expired. You will then be given instructions about how to return the goods. You will then need to return the cancelled items within 14 days of your notification in order to receive a refund. For information on refunds please see our Returns Policy. You will be responsible for the cost in returning products to us. Delivery charges will be refunded at the standard rate only. You will not be refunded for any supplementary delivery costs incurred by you choosing a non-standard form of delivery.
11.2. You can also return items in accordance with our Returns Policy. This does not affect your statutory rights. Please note that certain items are not cancellable or returnable and these are listed in our Returns Policy.
11.3. If you wish to cancel your order before it has been despatched, please contact us at [email protected].
12.1. You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these T&Cs;
(c) all of the information that you provide to us in connection with your order is true, accurate, complete and not misleading; and
(d) you will be able to take delivery of the products in accordance with our Delivery Terms.
12.2. Subject to section 12.3 below, we warrant to you that:
(a) we have the right to sell the products;
(b) the products are sold free from any charge or encumbrance, except as specified in these T&Cs;
(c) you will enjoy quiet possession of the products you buy, except as specified in these T&Cs;
(d) the products will correspond to any description published on our website; and
(e) the products will be of satisfactory quality.
12.3. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the products.
13.1. If your order has been damaged in transit, or the products ordered are defective, not as described, not of satisfactory quality or not fit for purpose we will at your request, and subject to availability, either exchange, replace or repair these products without charge to you, or provide you with a full refund, if the fault is notified to us within thirty (30) days of you receiving the product. We may request proof of purchase and/or photos of the damage and packaging in order to enable us to investigate the matter with our courier and packing facility and will inspect the items on their return. If the fault is notified after thirty (30) days of your receipt of the product, please refer to our Returns Policy (insert link) and, subject to the conditions being met, we will provide you with either an exchange or repair in accordance with applicable consumer protection legislation.
14.1. The limits on our liability set out below are important contractual terms. Please read them carefully.
14.2. SAVE FOR DEATH OR PERSONAL INJURY, FOR FRAUD OR FRAUDULENT MISPREPRESENTATION, AND FOR BREACH OF YOUR LEGAL RIGHTS IN RELATION TO THE PRODUCTS, WE ACCEPT NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, ECONOMIC OR EXEMPLARY LOSSES OR DAMAGES HOWEVER THEY MAY ARISE.
14.3. SUBJECT TO CLAUSES14.4TO 14.6 BELOW, IF WE FAIL TO COMPLY WITH THESE T&CS, WE ARE RESPONSIBLE TO YOU FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE T&CS OR OUR NEGLIGENCE. LOSS OR DAMAGE IS CONSIDERED FORESEEABLE WHERE IT IS AN OBVIOUS CONSEQUENCE OF THE BREACH OR WAS CONTEMPLATED BY US AND YOU AT THE TIME THAT THE RELEVANT CONTRACT WAS MADE.
14.4. THE PRODUCTS ARE SOLD ONLY FOR DOMESTIC AND PRIVATE USE. WE WILL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OF OR INTERRUPTION TO BUSINESS, OR LOSS OF REVENUES, PROFITS, GOODWILL OR BUSINESS OPPORTUNITY.
14.5. NOTHING IN THESE T&CS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY, FRAUD OR FRAUDULENT MISREPRESENTATION, AND FOR BREACH OF YOUR LEGAL RIGHTS REGARDING THE TITLE, DESCRIPTION, QUALITY AND FITNESS FOR PURPOSE OF THE PRODUCTS.
15.1. 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.
15.2. The trademarks 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 trademarks 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.
15.3. 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.
15.4. 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.
16.1. For information on the personal data we collect from you, how we may use it and your rights in respect of that data, please see our Privacy Policy.
17.1. 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.
17.2. No Waiver
If you breach these T&Cs and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the T&Cs.
17.3. Severability
If any part of these T&Cs shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the T&Cs and shall not affect the validity and enforceability of any of the remaining provisions of the T&Cs.
17.4. Third-party Rights
The contract of sale for the products is between you and us. No third-party has any rights to enforce any of its terms.
17.5. 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.
17.6. Governing law
These T&Cs 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. Where you are resident in another jurisdiction, local laws may entitle you to bring proceedings in that jurisdiction.
17.7 Harvey Nichols Data Breach
For information about the incident, please see the Data Breach Q&A here.