Terms & Conditions of Sale
These Terms apply to consumer purchases of Products and Services from Harbour Outdoor Living Limited. Please read them before placing an Order. They explain how a Contract is formed, Delivery and Installation, cancellation and returns, faulty Products, our Product Guarantee, care requirements and the responsibilities of both parties.
Nothing in these Terms excludes or restricts any statutory right which cannot lawfully be excluded or restricted.
1. About these Terms
1.1 These Terms apply when you buy Products or Services from us as a consumer, including through our website, by telephone or through another distance-sales channel.
1.2 The Contract between you and us includes these Terms and the information about the Product or Service which we provide to you before the Contract is made.
1.3 Where relevant to your purchase, you should also read the documents we make available with or in connection with the Product or Service, including: (a) the applicable Product Guarantee information and Care Guide; (b) our Installation Policy or Installation Requirements where you purchase or request Installation; and (c) our Delivery Policy and Returns & Refunds Policy where relevant; and (e) our Website Terms of Use where you place an Order through our website.
(a) the applicable Care Instructions;
(b) the applicable Warranty Terms; and
(c) our Installation Policy or Installation Requirements where you purchase or request Installation.
(d) our Delivery Policy and Returns & Refunds Policy where relevant.
1.4 Product-specific Product Guarantee information, Care Guides and Installation requirements supplement these Terms but do not reduce your statutory rights. Where a Product contains more than one separately guaranteed component, different guarantee periods may apply to those components.
1.5 If you add Installation or another optional Service to your Order, any terms or requirements specifically applicable to that Service will be made reasonably accessible before or at the time you purchase it.
2. Who we are and how to contact us
2.1 We are Harbour Outdoor Living Limited, a company registered in England and Wales under company number 12934430.
2.2 Our registered office and principal trading address is The Foaling Yard, Hope Hall Farm, Dullingham, CB8 9UW, United Kingdom.
2.3 You can contact our Customer Services team by email at customerservices@harbourlifestyle.co.uk, by telephone on +44 3308 081744, or by post at the address above.
2.4 We may contact you using the email address, telephone number or postal address you provide with your Order. You are responsible for ensuring those details are accurate.
3. Orders and the Contract
3.1 When you place an Order, you are offering to buy the Products and Services shown in the Order.
3.2 An acknowledgement or confirmation that we have received your Order does not mean that we have accepted it.
3.3 We accept your Order, and a Contract is formed, when we expressly confirm acceptance or when we dispatch the relevant Product, whichever occurs first. For a Product genuinely made to your specifications or clearly personalised, acceptance may occur when we confirm that the Order has been accepted into production.
3.4 We may decline an Order before acceptance, including where a Product is unavailable, there is an obvious pricing or description error, payment is not authorised, or we have reasonable grounds relating to fraud, misuse, order verification, deliberate manipulation or circumvention of our website, checkout, pricing, promotional, product, delivery or eligibility controls, or deliberate exploitation of an obvious technical or pricing error. If we have taken payment for an Order we do not accept, we will refund it.
3.5 If an obvious pricing or description error is identified before acceptance, we may contact you to offer the Product or Service on the correct basis. You may choose whether to proceed.
4. Consumer purchases and intended use
4.1 These Terms are for Products and Services purchased for personal and domestic use. They are not intended for purchases made for business, trade, resale, hospitality, rental, holiday-let or other commercial use.
4.2 If you intend to use a Product or Service for a business or commercial purpose, you must tell us before placing your Order so that we can confirm whether we are willing to supply on that basis and whether different terms, warranty arrangements or pricing apply. If you do not tell us before ordering, the Contract will be treated as a consumer purchase for personal and domestic use and we do not agree to any undisclosed commercial purpose.
4.3 You must have legal capacity to enter into the Contract. If you are placing an Order on behalf of another person, you must have authority to do so.
5. Products, descriptions and natural variation
5.1 We take reasonable care to describe and display Products accurately. Images are illustrative and screen settings, lighting and photography may cause colours and finishes to appear differently.
5.2 Dimensions, weights and measurements are approximate unless we expressly state that they are exact.
5.3 Natural materials, including wood and stone, naturally vary. Colour, grain, texture, pattern, knots and other characteristics may differ between Products, between items supplied as a set and between individual parts or components of the same Product. These variations are inherent in natural materials and are not, by themselves, defects.
5.4 Natural materials and outdoor Products may change in colour, appearance, texture, dimensions or finish as they age, weather and respond to changes in moisture, temperature and sunlight. Reasonable natural movement, checking, weathering and appearance change are not, by themselves, defects. The applicable Care Guide explains how to care for the Product and reduce avoidable deterioration.
5.5 We may make minor changes to a Product's design, specification, components, construction or finish during its lifecycle. As those changes move through production and stock, Products supplied at different times may show minor differences. We will not make a change which materially reduces the Product's principal functionality or quality without making that clear where required.
5.6 Stock information can change and availability is not guaranteed until the Order is accepted.
5.7 Where we show an expected stock, inbound or warehouse-arrival date for a Product which has not yet reached our warehouse, that date is our current estimate of when the Product will become available to us. It is not a confirmed customer Delivery date unless we expressly state otherwise. Shipping, port, customs and onward-transport timings can change.
6. Price, payment and finance
6.1 Prices are in pounds sterling and include VAT where applicable. Any Delivery charge or other mandatory charge payable to us will be shown before you place the Order. VAT invoices are available on request.
6.2 The price payable is the price confirmed as part of the Contract, subject to clause 3.5 concerning obvious errors.
6.3 Payment must be made using a payment method we accept. We may carry out payment, identity, address and fraud checks before accepting or dispatching an Order.
6.4 Where a third-party lender or payment provider supplies credit or payment facilities, its agreement with you is separate from our Contract for the Products or Services and is subject to its own terms and eligibility requirements.
6.5 VAT invoices are available on request. Please contact Customer Services using the details in section 2.
6.6 Promotional offers, discount codes, free Products, free Delivery and other incentives apply only in accordance with the terms of the relevant promotion and only to the Products, customers, Orders and period specified.
6.7 Unless we expressly state otherwise, promotions, discounts, codes, free Products, free Delivery and other offers cannot be combined, stacked or used together on the same Order.
6.8 A promotion applying to a particular Product does not entitle you to substitute another Product, size, colour, configuration or alternative item unless the promotion expressly allows it.
6.9 Promotional codes and benefits have no cash value, are not transferable and cannot be exchanged for cash unless we expressly state otherwise.
6.10 Where a promotion is limited by customer, household, Delivery address, account or Order, you must not attempt to circumvent that restriction through multiple accounts, identities or Orders.
6.11 You must not deliberately manipulate, interfere with, bypass, circumvent or exploit our website, checkout, URLs, product or variant identifiers, APIs, scripts, accounts, promotional codes, pricing logic, delivery options, stock controls, purchase limits or other technical functionality in order to obtain a Product, Service, discount, refund, credit, promotional item, Delivery service or other financial or commercial benefit which you know, or ought reasonably to know, you are not entitled to receive. This includes deliberately altering or constructing URLs or requests, manipulating product, variant, basket or checkout data, bypassing the normal customer journey or eligibility controls, creating or using multiple accounts to circumvent restrictions, or exploiting an obvious vulnerability, technical error or unintended website behaviour.
6.12 Discovering or encountering an error does not itself breach these Terms. However, if before acceptance we reasonably identify that an Order has resulted from deliberate manipulation, abuse, fraud, circumvention of our controls or deliberate exploitation of an obvious pricing, promotional or technical error, we may decline the Order. Any payment authorisation will be released or any amount already collected will be refunded.
6.13 Where such conduct is identified after a Contract has been formed, we may investigate and take proportionate steps available to us under these Terms, our Website Terms of Use and applicable law, including withdrawing an improperly obtained promotional benefit where lawful, restricting relevant account or website access, and seeking recovery of property or losses where we have a lawful right to do so. Nothing in this clause gives us a general right to cancel an otherwise valid Contract merely because it is commercially unattractive, or removes or restricts your statutory consumer rights.
6.14 Promotions are subject to any stated start and end dates, eligibility rules, Product or range exclusions, usage limits and stock availability. Unless the promotion expressly states otherwise, a promotion or discount cannot be applied retrospectively to an Order already placed.
6.15 Where a free promotional Product was supplied because you purchased another qualifying Product, and the qualifying Product is returned for a refund so that the transaction is unwound, the free promotional Product must also be returned. If it is not returned, we may deduct its full RRP from the refund due for the qualifying Product. If it is returned damaged, incomplete or in a condition that reduces its value, an appropriate deduction may be made where permitted. A repair or replacement of the qualifying Product does not, by itself, require return of the promotional Product.
7. Delivery
7.1 We will deliver to the Delivery address shown on the accepted Order. Delivery availability, charges and any geographic restrictions will be shown or explained before the Contract is made where required.
7.2 Delivery dates or timeframes are estimates unless we expressly agree that a particular date is binding or you tell us before the Contract is made that a particular date is essential and we accept that requirement.
7.3 Where no specific Delivery date or period has been agreed, we will deliver within the period required by applicable consumer law.
7.4 You must provide accurate Delivery information and reasonable access to the Delivery location. You should tell us in advance about relevant access restrictions, including restricted roads, gates, stairs, lifts, narrow passages, parking restrictions or other obstacles which may affect Delivery.
7.5 If Delivery cannot reasonably be completed because of something for which you are responsible, including nobody being available where attendance is required, access being materially different from what was agreed, or obstacles at the property preventing safe Delivery, we may make a reasonable missed-Delivery or re-Delivery charge reflecting the additional cost incurred.
7.6 Please check the Delivery as fully as you reasonably can when it arrives. Any visible shortage, obvious damage or incorrect Product should, where reasonably possible, be raised with the Delivery team and reported to us promptly.
7.7 If you allege that Delivery has caused damage to your property, you should identify the damage to the Delivery team before they leave where reasonably possible, photograph or otherwise document it, and contact us as soon as reasonably practicable with a description of what happened. Delay in reporting may affect our ability to investigate what caused the damage, but does not remove any right you have under applicable law.
7.8 Where a Delivery, Installation, collection or other appointment cannot be completed, we or persons acting on our behalf may make a reasonable record of our attendance and of the circumstances preventing completion. This may include still photographs or video of the Delivery location, access conditions, Products or other relevant circumstances, where appropriate.
7.9 Images or recordings made in connection with Delivery or another Service will be handled in accordance with section 20 and our Privacy Policy.
Holding your Order
After placing an Order and before it is dispatched, you may ask us to place it on hold using the Order Hold form on our website or another method we agree. The hold only begins when we confirm it to you in writing, and our confirmation will state the date on which the Hold Period ends.
We will hold the Order without charge for up to three months. You must contact us before the Hold Period ends to release the Order and arrange Delivery. We are not obliged to hold an Order beyond three months unless we expressly agree an extension with you.
If the Hold Period expires and you have not arranged Delivery, we will make reasonable attempts to contact you. If we are unable to contact you or agree alternative arrangements within a reasonable period, we may cancel the Order and return the Products to available stock. We will refund the amount you paid less a storage charge of £10 for each week or part-week that we held the Order at your request, up to the date the Hold Period expired. We will not make that deduction where we agreed an extension or the failure to arrange Delivery resulted from something for which we were responsible.
Holding an Order does not affect your statutory rights.
8. Delivery address changes, risk and care of Products
8.1 The Delivery address forms part of our order-verification and fraud-prevention controls. In particular, where an Order is funded by credit or is otherwise subject to address restrictions, we may be unable to change the Delivery address after the Order is placed.
8.2 We may require you to cancel and place a new Order rather than change the Delivery address. Where we agree to consider a change, we may require reasonable proof of identity, address or occupancy before doing so.
8.3 If Products have already been dispatched when you request an address change, we may be unable to redirect them. Where a carrier can redirect the Delivery, you may be required to pay the reasonable additional cost. Otherwise the Products may need to return to us before a refund or replacement Order can be processed, and a reasonable return or re-Delivery charge may apply where the change was requested by you.
8.4 We do not guarantee that stock will remain available while an address change, return-to-sender or replacement Order is being processed. Returned stock may be allocated to another Order or may be unsuitable for resale because of damage in transit.
8.5 Risk of loss of or damage to a Product passes to you when the Product comes into your physical possession, or the physical possession of a person identified by you to receive it, except where applicable consumer law provides otherwise.
8.6 Ownership of a Product passes to you once we have received payment in full for it.
8.7 Where we handle a Product after Delivery as part of an Installation or other Service, we remain responsible for loss or damage caused by our breach of Contract or failure to exercise reasonable care and skill.
8.8 If a Product needs to be returned to us for any reason, including because we delivered the wrong Product, you must take reasonable care of it while it remains in your possession and keep it reasonably safe and secure until it is returned or collected.
8.9 You must not deliberately or negligently damage, dispose of, abandon or expose a Product awaiting return to an unreasonable risk of damage, deterioration, loss or theft. Where we are responsible for collection, you must give us a reasonable opportunity to arrange collection and continue to take reasonable care of the Product until collection takes place.
8.10 Where loss of or damage to a Product is caused or increased by your failure to take reasonable care of it after Delivery, we may take account of that failure and the resulting loss or damage to the extent permitted by law.
9. Site, permissions and preparations for Installation
9.1 If you purchase Installation, you are responsible for ensuring that the Site is suitable, accessible and ready for the Installation in accordance with the applicable Installation Policy or Installation Requirements.
9.2 You are responsible for investigating and obtaining all permissions, consents and approvals required for the Product, its position and its Installation. This includes, where applicable, planning permission, permitted-development compliance, listed-building or conservation requirements, landlord or freeholder consent, leasehold restrictions, covenants, easements, wayleaves, Tree Preservation Orders and permissions relating to neighbouring or third-party rights.
9.3 We do not provide planning, surveying, legal or property-title advice and do not accept responsibility for determining whether the proposed Product or its position complies with planning, permitted-development, lease, title, covenant, easement, wayleave or similar requirements.
9.4 You must tell us about known or reasonably identifiable services, cables, pipes, drainage, structures or other hazards which may affect Installation. Where relevant, you must ensure that appropriate service information and safe access are available.
9.5 We do not carry out electrical installation work unless we expressly agree otherwise. You are responsible for arranging any required electrical supply or electrical work through an appropriately competent person and for ensuring it is safe, suitable and compliant.
9.6 Installation may require drilling, cutting or fixing into paving, tiles, masonry, walls or other finished surfaces. Even where reasonable care and skill is exercised, localised cracking, chipping, marking or cosmetic variation can sometimes occur. Installation proceeds on that basis, and we recommend that you retain suitable spare tiles, paving or matching materials where practicable.
9.7 A localised crack or chip which can reasonably occur during normal drilling or fixing will not automatically cause us to stop Installation. If you ask us to suspend and return after replacement materials are fitted, a reasonable re-attendance charge may apply where the need to return was not caused by our failure to exercise reasonable care and skill.
10. Installation Services
10.1 We will perform Installation with reasonable care and skill and in accordance with the agreed scope.
10.2 You must provide reasonable access to the Site and ensure that the conditions required for safe Installation are met.
10.3 Where Installation cannot start because the Site is not ready, access is unavailable, required permissions or preparations have not been completed, or another customer-caused issue prevents safe Installation, we may remove the undelivered or unassembled Products from the Site and make a reasonable missed-Installation or re-attendance charge.
10.4 If Installation has already begun and must be suspended because of a matter for which you are responsible, we may leave the Product or partly assembled Product at the Site. We will take reasonable steps to leave the Site and Product in the safest condition reasonably practicable in the circumstances, but we are not responsible for deterioration, interference or damage occurring during the suspension except to the extent caused by our breach or negligence.
10.5 You must rectify the issue preventing Installation within a reasonable period and cooperate in arranging re-attendance. A reasonable re-attendance charge may apply where the suspension was caused by a matter for which you were responsible.
10.6 If our installer has to leave because of an unexpected matter for which neither you nor we are responsible, including a genuine emergency affecting the installer, we will take reasonable steps to make the Site safe and tidy and will return at the earliest reasonable opportunity without charging you for that re-attendance.
10.7 Where you request a genuine Product customisation during Installation, such as shortening a component or adapting a pergola for an agreed wall-mounted configuration, we may agree to carry it out. A customised Product may have different cancellation or return consequences because the alteration may materially affect its resale value or bring it within an applicable statutory exception.
10.8 If an installed Product is later removed following cancellation, a removal or dismantling service removes the Product only. It does not include restoring walls, floors, paving, tiles or other surfaces to their pre-Installation cosmetic condition unless we expressly agree otherwise or applicable law requires it.
10.9 Where a faulty installed Product is removed and is not being replaced, we will take reasonable steps to leave fixing locations in an appropriate and reasonably safe condition, which may include filling holes with mortar, sealant or another suitable material. Cosmetic marks or evidence of the former Installation may remain.
11. Product Safety
11.1 If you become aware of a defect, damage, deterioration or other condition affecting a Product which you reasonably believe may make continued use unsafe, you must stop using the Product and contact us as soon as reasonably practicable.
11.2 You must not continue to use or operate a Product where it cannot reasonably be used or operated in its normal manner without creating a foreseeable material risk of injury or property damage.
11.3 You must follow any reasonable safety instruction we provide, including an instruction to stop using a Product pending inspection, assessment, repair, modification, replacement or recall.
11.4 You must provide reasonable information and cooperation to enable us to investigate a reported safety issue, including photographs, video or access to the Product where reasonably required.
11.5 If we become aware of a safety issue affecting a Product supplied to you, we may contact you with safety information or instructions and may take appropriate corrective action, including inspection, modification, repair, replacement or recall.
11.6 We will not be responsible for loss or damage to the extent that it is caused or increased by continued use of a Product after you became aware, or ought reasonably to have become aware, that continued use presented a material safety risk, or after we instructed you to stop using it.
12. Events outside our reasonable control
12.1 We will not be responsible for delay or failure to perform our obligations to the extent caused by an event or circumstance outside our reasonable control.
12.2 Such events may include severe or unsafe weather conditions, flooding, fire, epidemic or pandemic, acts of government or public authorities, war, civil unrest, terrorism, industrial action not involving our own workforce, material disruption to transport networks, ports or utilities, or comparable circumstances outside our reasonable control.
12.3 We will take reasonable steps to reduce the effect of the event and resume performance as soon as reasonably practicable.
12.4 Where appropriate, we will keep you reasonably informed of a material delay and, where reasonably possible, provide updated information about when we expect to perform.
12.5 This section does not remove any statutory right you have to cancel or otherwise end the Contract because of delay.
12.6 Where a Product is offered for sale before it reaches our warehouse, normal and reasonably foreseeable variations in shipping, port handling, customs clearance or onward transport do not become an event outside our reasonable control merely because the Product was in transit when you ordered it. Genuinely exceptional disruption may fall within this section if its requirements are met.
13. Customer-appointed installers and contractors
13.1 Where you appoint your own installer, assembler, contractor or other third party in connection with a Product, that appointment is made independently by you and is not part of our Contract unless we expressly agree otherwise.
13.2 You should allow a reasonable period between Delivery and any appointment with your own installer, assembler or contractor so that you can check that the correct Products and components have been delivered and identify any reasonably apparent shortage, damage or other issue.
13.3 We recommend that you do not incur substantial or irreversible third-party costs until you have reasonably checked that the Products and components required for the work have been received and appear suitable for the intended work.
13.4 If you arrange third-party work without allowing a reasonable opportunity to carry out those checks, we will not be responsible for avoidable costs arising from a wasted or additional third-party visit to the extent those costs could reasonably have been avoided or reduced by carrying out the checks or allowing a reasonable period between Delivery and the appointment.
13.5 Nothing in this section affects any right you have to recover a reasonable cost which applicable consumer law entitles you to recover as a direct consequence of a Product failing to conform to the Contract.
14. Cancellation, Returns and Refunds
Your right to cancel
14.1 If you purchase a Product from us online, by telephone or through another distance-sales method, you will normally have a legal right to change your mind and cancel the Contract without giving a reason.
14.2 For Products, the cancellation period normally ends 14 days after the day on which you, or a person nominated by you, takes physical possession of the Product. Where a Contract covers multiple Products delivered separately, or a Product is delivered in multiple lots or pieces, the cancellation period will run from the date determined by applicable consumer law.
14.3 To exercise your right to cancel, you must tell us clearly that you wish to cancel before the cancellation period expires. You may contact us using the details in section 2 or use any cancellation method or form which we make available. You do not have to use a particular form.
Our additional 28-day goodwill returns policy
In addition to your statutory rights, we allow eligible Products to be returned for change of mind for up to 28 days after Delivery. During the first 14 days, your statutory cancellation rights in this section apply.
From day 15 to day 28, our additional goodwill policy applies. To qualify, the Product must be unused, complete, in new and resaleable condition and in its original packaging. You are responsible for the applicable return or collection cost. If these conditions are not met, we may decline a return requested solely under this goodwill policy.
These goodwill conditions do not restrict your statutory rights, including rights relating to faulty, misdescribed or non-conforming Products.
Cancelling before Delivery
14.4 You may tell us that you wish to cancel before Delivery. If we have not yet accepted the relevant Product, we will cancel that part of your Order and refund any payment made for it. If we have already accepted it, your statutory cancellation rights will apply.
14.5 If a Product has already been dispatched when you tell us that you wish to cancel, we may be unable to stop Delivery. The Product may need to complete the carrier's delivery or return process before it can be returned to us. This does not affect your statutory right to cancel.
Products for which the cancellation right does not apply
14.6 The statutory right to change your mind does not apply where consumer law provides an exception. Relevant exceptions may include Products made to your specifications or clearly personalised. Where we consider an exception applies, we will make this clear where required before you place your Order.
14.7 A Product is not treated as made to your specifications or clearly personalised simply because it is made or ordered after you place your Order. We will only apply this exception where the Product genuinely falls within the applicable legal exception.
Returning Products
14.8 If you cancel after receiving a Product, you must return it to us or, where we have agreed to collect it, make it available for collection without undue delay and in accordance with applicable legal requirements.
14.9 Where we arrange collection, you must cooperate reasonably with us, provide reasonable access and ensure that the Product is available for collection on the agreed date and within the agreed arrangements.
14.10 If an agreed collection cannot be completed because you are unavailable, access is not provided, the Product is not available, or for another reason for which you are responsible, we may arrange another collection and charge the reasonable additional cost arising from the failed collection where permitted by law. Repeated failure to provide reasonable access or availability may be treated as a failure to comply with your obligation to return the Product.
14.11 Where you have asked us to collect a Product, you must provide us with a reasonable opportunity to do so and may not unreasonably restrict collection arrangements in a way which prevents or materially delays return.
Return and collection costs
14.12 Unless the Product is faulty, not as described or we agree otherwise, you are responsible for the direct cost of returning it where we have informed you of that responsibility as required by law.
14.13 Because many Products are large, heavy or unsuitable for ordinary postal return, returns must be collected by us or our nominated carrier unless we expressly agree otherwise. Where you are responsible for the return cost, the applicable collection charge will be made available as required by law and may be deducted from the refund. Our Returns & Refunds Policy sets out the current collection charges. We do not apply an additional restocking or administration fee.
Handling and condition of returned Products
14.14 You may inspect and handle a Product to the extent reasonably necessary to establish its nature, characteristics and functioning, broadly as you would be able to do when examining a Product in a shop. Please take reasonable care when opening it and retain the original packaging, protective materials, labels, instructions, fixings, accessories and components wherever possible.
14.15 You are responsible for taking reasonable care of the Product while it remains in your possession and for protecting it from avoidable damage, staining, excessive wear, weather exposure and other deterioration.
14.16 If your handling or use goes beyond what is reasonably necessary to establish the Product's nature, characteristics and functioning and this reduces its value, we may deduct from your refund an amount reflecting that reduction in value, to the extent permitted by law.
14.17 In assessing any reduction in value, we may take account of the Product's condition and the effect of your handling or use on its reasonable resale value, including damage, staining, soiling, wear, weathering, assembly or disassembly marks, alterations, missing components or other deterioration attributable to handling or use beyond what was reasonably necessary.
14.18 Any deduction will reflect the actual reduction in value and will not be an arbitrary restocking charge. Our Returns & Refunds Policy gives an indicative guide to the potential effect of different return conditions, including missing packaging, assembly, use, damage or alteration. The guide is not a fixed tariff: the actual deduction may be lower or higher and will reflect the actual reduction in value caused by handling beyond what was reasonably necessary.
Packaging
14.19 You will not lose your statutory right to cancel solely because original packaging has been removed or is no longer available. Where you are responsible for preparing a Product for return, you must protect it appropriately for transport. Missing, damaged or unsuitable packaging may be taken into account only to the extent permitted by law, including where handling beyond what was reasonably necessary has caused an actual reduction in value. If you ask us to provide a separate repacking service to enable return or collection, we may charge the reasonable cost of that service where agreed.
Assembled or installed Products
14.20 Assembly or Installation does not of itself remove a statutory right to cancel the Contract for the Product. However, where a Product has been used, altered or handled beyond what is reasonably necessary to establish its nature, characteristics and functioning, any resulting reduction in value may be deducted from your refund in accordance with this section.
14.21 Where you ask us to dismantle an assembled or installed Product to enable its return, dismantling is not included in the original Installation or assembly Service. Where we agree to provide a dismantling or removal service, the applicable charge will be notified before that service is provided.
14.22 Unless expressly agreed otherwise, dismantling or removal is limited to dismantling and removing the Product and does not include reinstating, repairing, redecorating or restoring walls, floors, paving, tiles, foundations or other parts of the Site affected by the original Installation or removal.
Installation, assembly and other Services
14.23 If you ask us to begin an Installation, assembly or other Service during the statutory cancellation period, we may require your express request to begin the Service during that period and your acknowledgement of the effect this may have on your cancellation rights.
14.24 Where a Service has been fully performed following the express request and acknowledgement required by law, your statutory right to cancel that Service will end once the Service has been fully performed.
14.25 Where you validly cancel a Service after performance has begun at your express request but before it has been fully performed, you may be required to pay a reasonable amount for the Service supplied up to the time you cancel, where permitted by law.
Refunds
14.26 Where you validly exercise your statutory right to cancel, we will refund the payments we are required by law to refund, subject to any permitted deductions under this section.
14.27 Where you paid a charge for Delivery, we will refund the amount required by law. If you chose a more expensive delivery option than the least expensive standard delivery service we offered, we are not required to refund the additional cost of that more expensive option.
14.28 Where you are responsible for the direct cost of returning the Product, that cost remains your responsibility. Where we provide a chargeable collection, dismantling or removal service at your request, the applicable charge may be deducted from the amount otherwise due where agreed or permitted by law.
14.29 We will make any refund without undue delay and within the period required by law. The time by which we must refund you depends on how the Product is being returned and whether we have agreed to collect it. We may withhold a refund only where and for as long as permitted by law.
14.30 Refunds will normally be made using the same payment method used for the original transaction. Where more than one payment method was used, we may divide the refund between those methods as appropriate. We cannot normally redirect a refund to a different card, bank account or person.
14.31 A refund for a Product does not include a refund of an Installation, assembly or other Service for which your cancellation right has ended because that Service was fully performed in accordance with the legal requirements described above.
14.32 Any refund may take account of a permitted deduction for diminished value, return or collection costs for which you are responsible, an agreed dismantling or removal charge, an amount properly payable for a Service begun at your request before cancellation, and any other deduction permitted by law and these Terms.
14.33 This section principally deals with cancellation because you have changed your mind. Different rights apply where a Product is faulty, damaged, not as described or otherwise does not conform to the Contract; those rights are dealt with in section 15.
Our 28-day goodwill returns policy
14.34 In addition to your statutory rights, we offer eligible Products an additional goodwill return period where you tell us that you wish to return the Product within 28 days after Delivery.
14.35 For a goodwill return requested after the statutory 14-day cancellation period, the Product must be unused, unassembled, uninstalled, complete, in new and resaleable condition and in its original packaging with all labels, instructions, accessories, fixings and components. The Product must meet these conditions when received and inspected.
14.36 If the conditions in clause 14.35 are not met, we may decline a return requested solely under the goodwill policy. You are responsible for the applicable return or collection cost. Collection of a Product does not mean that we have accepted its condition or agreed the amount of any refund.
14.37 Products made to your specifications, clearly personalised Products, genuine customisations and any other Products which we expressly identify as excluded from the goodwill policy may not be returned under that policy unless we agree otherwise.
14.38 Where a return is made within the first 14 days and you also have a statutory cancellation right, the statutory rules in clauses 14.1-14.33 apply. The conditions of our additional goodwill policy do not reduce those statutory rights.
15. Faulty or Non-Conforming Products and Your Statutory Rights
Your statutory rights and investigation
15.1 Products we supply must conform to the Contract and meet the standards required by applicable consumer law, including being of satisfactory quality, fit for any particular purpose made known to us where the law requires, and as described.
15.2 If you believe a Product is faulty or does not conform to the Contract, please contact us as soon as reasonably practicable and provide sufficient information to allow us to understand and investigate the issue.
15.3 We may ask you to provide reasonable information, photographs, video or other evidence of the reported issue and may carry out reasonable troubleshooting or remote diagnosis before determining the appropriate next step.
15.4 Where the cause cannot reasonably be established remotely, we may arrange for the Product to be inspected or assessed by us or by an appropriately appointed third party. This may include collection, an engineer or technician visit, or another reasonable method of investigation.
15.5 Where inspection, assessment, repair, maintenance or another remedy reasonably requires access to the Product or Site, you must provide reasonable cooperation and access to us or an appropriately appointed third party acting on our behalf.
What is and is not a fault
15.6 A change in a Product's appearance, performance or condition does not necessarily mean that it is faulty or does not conform to the Contract. Relevant circumstances may include its age, price, description, intended use, materials, maintenance requirements and the nature and extent of its use.
15.7 Subject always to your statutory rights, we will not be responsible for a problem to the extent that it is caused or materially contributed to by: (a) fair wear and tear; (b) accidental damage, misuse, neglect or use of the Product for a purpose or in a manner for which it was not designed; (c) failure to follow applicable Care Guides, operating instructions or reasonable maintenance requirements; (d) incorrect assembly, Installation, modification or repair not carried out by us or by a person acting on our behalf; (e) exposure to environmental or other conditions outside those for which the Product was designed; (f) impact, abrasion, scratching or other external damage; or (g) another external cause which is not attributable to the Product failing to conform to the Contract. A failure to follow a Care Guide or maintenance requirement does not, by itself, establish that a Product is faulty or non-faulty; the cause of the reported problem will be considered.
(a) fair wear and tear;
(b) accidental damage, misuse, neglect or use of the Product for a purpose or in a manner for which it was not designed;
(c) failure to follow applicable Care Instructions, operating instructions or reasonable maintenance requirements;
(d) incorrect assembly, Installation, modification or repair not carried out by us or by a person acting on our behalf;
(e) exposure to environmental or other conditions outside those for which the Product was designed;
(f) impact, abrasion, scratching or other external damage; or
(g) another external cause which is not attributable to the Product failing to conform to the Contract.
15.8 Products made from natural materials, including wood and stone, may exhibit variations in colour, grain, texture, pattern, knots and other natural characteristics, including variation between different components of the same Product or between items supplied as a set. Natural materials may move, expand, contract, check or change in colour, appearance, texture or finish as they age and, for outdoor Products, as they weather. Such characteristics and changes do not of themselves mean that the Product is faulty. Where movement, cracking, splitting, warping, deterioration or another change becomes excessive and materially affects strength, stability or normal use, we will assess whether the Product fails to conform to the Contract or falls within the applicable Product Guarantee.
15.9 Clauses 15.6-15.8 do not exclude responsibility where the Product is defective or otherwise fails to meet the standards required by applicable consumer law.
Remedies
15.10 Where a Product does not conform to the Contract, we will provide the remedy to which you are entitled under applicable consumer law. Depending on the circumstances, this may include repair, replacement, a price reduction or refund.
15.11 The remedy available will depend on the circumstances and your statutory rights, including the nature of the problem, when it became apparent and whether repair or replacement is available and can be provided within the requirements of applicable consumer law.
15.12 Where repair or replacement is the appropriate remedy, we may determine the reasonable method by which it is provided. This may include supplying replacement components or parts, carrying out a repair at the Site, collecting the Product for repair, replacing the Product, or using an appropriately appointed third party acting on our behalf. We will provide the remedy without significant inconvenience and within the requirements of applicable consumer law.
15.13 Where an installed Product is removed because it does not conform to the Contract and is not being replaced, we will take reasonable steps to leave fixing locations resulting from our Installation in an appropriate and reasonably safe condition. This may include filling fixing holes with mortar, sealant or another appropriate material. Unless required by law, or where damage results from our failure to exercise reasonable care and skill, removal does not include cosmetic reinstatement, redecoration, replacement of tiles or paving, colour matching or restoration of the Site to its appearance before Installation.
Replacement Products and components
15.14 Where repair or replacement is required and an identical Product, component, material, colour or finish is no longer reasonably available, we may offer an appropriate alternative remedy in accordance with your statutory rights. Any alternative replacement will, where reasonably practicable, be of equivalent or comparable specification and functionality.
15.15 Where only part of a Product, set or Order does not conform to the Contract, we may, where permitted by law, provide the applicable remedy in respect of the affected Product or component rather than other Products or components which conform. This may include repair, replacement or an appropriate price reduction.
15.16 Nothing in clause 15.15 limits any right you may have under applicable consumer law where Products were supplied together as a commercial unit or where the law otherwise entitles you to a remedy in respect of other Products supplied with the affected Product.
Deductions for use and price reductions
15.17 Where you exercise a final right to reject a Product and applicable consumer law permits us to make a deduction for the use you have had of it, any refund may be reduced by a reasonable amount reflecting that use.
15.18 In calculating any permitted deduction for use, we may take account of the nature, description and price of the Product, its reasonable expected useful life, the period for which you have had and used it, and any other relevant circumstances. Any deduction will be calculated on a reasonable and supportable basis and will not be imposed as a penalty.
15.19 Where you keep a Product and are entitled to a price reduction instead, the amount of that reduction will be determined in accordance with applicable consumer law and may differ from any calculation which would apply if the Product were rejected.
Product Guarantee
15.20 Some Products are supplied with a Harbour Product Guarantee which provides rights in addition to your statutory rights. The applicable guarantee period is the period stated for the Product, and where relevant for each component, on the Product information applicable to the SKU you purchased. Unless the applicable Product Guarantee expressly states otherwise, the guarantee period starts on Delivery.
15.21 The Product Guarantee applies in accordance with the Product Guarantee information and Care Guide relevant to the Product or component, including its scope, duration, conditions and exclusions. A single Product or set may contain several components with different guarantee periods.
15.22 The Product Guarantee covers defects in materials or manufacture within its stated scope. It does not cover a matter to the extent it results from fair wear and tear, expected ageing or material behaviour, accidental damage, misuse, an external cause, or a failure to follow applicable care or maintenance requirements where that failure caused or materially contributed to the issue. Product-specific detail is set out in the applicable Product Guarantee information and Care Guide.
15.23 The expiry of, or an exclusion under, a Product Guarantee does not determine whether you have statutory rights in relation to a Product. Your statutory rights are separate and are not restricted or replaced by the Product Guarantee.
15.24 The Product Guarantee information applicable to your purchase will be identified or made available through the Product page, Order information, Guarantee information or Care Guide linked to the Product. We retain product and guarantee information so that the guarantee applicable to an earlier purchase can be identified even where a Product page is later changed, replaced or hidden.
15.25 Where we repair or replace a Product or component under the Product Guarantee, that repair or replacement does not restart or extend the original guarantee period unless we expressly state otherwise. The repaired or replacement Product or component remains covered for the remainder of the original applicable guarantee period.
15.26 Products, materials, colours, finishes and components may evolve during a guarantee period. Where an identical replacement is no longer reasonably available, we may provide a reasonably equivalent current Product or component of comparable specification and functionality. Reasonable differences in colour, appearance or finish may occur because of natural variation, ageing, weathering, batch variation or product evolution.
15.27 Where a separate manufacturer guarantee applies to a Product or component, its terms may provide additional rights directly from the manufacturer. A manufacturer guarantee does not replace or reduce your statutory rights against us as the retailer.
15.28 We may update our Product Guarantee information and Care Guides from time to time. A later change will not retrospectively reduce the commercial guarantee period or materially increase the obligations applicable to a Product already purchased. We may, however, update guidance where reasonably necessary for safety, clarification or improved care, provided this does not reduce rights already acquired.
16. Care, Maintenance and Use
16.1 You are responsible for using, caring for and maintaining Products reasonably and in accordance with their intended purpose and any applicable Care Guide provided or made available by us.
16.2 Some Products require periodic cleaning, maintenance, treatment, adjustment, ventilation, storage or protection to maintain their appearance, performance and condition. The requirements applicable to a Product or material will be explained in the relevant Care Guide.
16.3 Outdoor Products are exposed to weather, sunlight, moisture, temperature changes and other environmental conditions. Reasonable changes in colour, appearance, finish and condition may occur over time and do not of themselves indicate a defect.
16.4 Natural materials may require particular care and may change as they age and weather, including changes in colour, grain, texture, dimensions or surface finish. You should follow the Care Guide applicable to the material, environment and Product.
16.5 Failure to follow a Care Guide or maintenance requirement does not automatically invalidate your Product Guarantee. Where that failure causes or materially contributes to damage, deterioration or failure, the resulting issue may fall outside the Product Guarantee to the extent it resulted from that failure.
16.6 Nothing in this section excludes or restricts your statutory rights where a Product is faulty or otherwise does not conform to the Contract.
17. Our Liability to You
Loss caused by our breach
17.1 If we breach the Contract or fail to exercise reasonable care and skill, we are responsible for loss or damage you suffer as a result where that loss or damage was reasonably foreseeable when the Contract was made. We are not responsible for loss or damage which is remote, indirect or not reasonably foreseeable, or to the extent that it could reasonably have been avoided or reduced.
17.2 Loss or damage is reasonably foreseeable where it was an obvious consequence of our breach or where, at the time the Contract was made, both you and we knew that it might reasonably occur.
Incidental costs and arrangements made by you
17.3 We are not responsible merely because you incur expenditure, take time away from work or make other arrangements in anticipation of a Delivery, Installation, collection or other appointment. Where you claim that our breach has caused additional financial loss, you must be able to demonstrate that the loss was actually incurred as a result of our breach, was reasonably foreseeable and could not reasonably have been avoided or reduced.
17.4 You are responsible for taking reasonable steps to avoid or reduce loss resulting from a problem with a Product, Delivery or Service. We will not be responsible to the extent that a loss is increased because reasonable steps to avoid or reduce it were not taken.
Special requirements and circumstances
17.5 If, before the Contract is made, you tell us that Delivery, Installation or performance by a particular date is essential, or that failure to meet a particular requirement is likely to cause an unusual or substantial loss, we may decide whether we can accept that requirement. Unless we expressly agree to it, we do not accept responsibility for a special requirement or particular consequence which would not otherwise have been reasonably foreseeable.
Loss caused or contributed to by you or others
17.6 We are not responsible for loss or damage to the extent that it is caused or increased by: (a) your act or omission; (b) inaccurate, incomplete or misleading information provided by you; (c) your failure to follow reasonable Care Guides, Installation Requirements, operating instructions or other instructions applicable to the Product where that failure caused or increased the loss; (d) work, alteration, repair, Installation or modification carried out by you or by a third party not acting on our behalf, where that work caused or increased the loss; (e) your failure to take reasonable steps to prevent or reduce loss after becoming aware of a problem; or (f) another act, omission or circumstance for which we are not legally responsible.
(a) your act or omission;
(b) inaccurate, incomplete or misleading information provided by you;
(c) your failure to follow reasonable Care Instructions, Installation Requirements, operating instructions or other instructions applicable to the Product;
(d) work, alteration, repair, Installation or modification carried out by you or by a third party not acting on our behalf;
(e) your failure to take reasonable steps to prevent or reduce loss after becoming aware of a problem; or
(f) another act, omission or circumstance for which we are not legally responsible.
Damage to your property
17.7 We will exercise reasonable care and skill when carrying out Delivery, Installation or other Services at your property and will be responsible for property damage caused by our failure to do so, subject to these Terms and applicable law.
17.8 Some Installation activities necessarily involve drilling, cutting, fixing or making holes in existing surfaces. These activities carry inherent risks including localised cracking, chipping, marking or other damage to tiles, paving, masonry and other finished surfaces even where reasonable care and skill is exercised. We are not responsible for such inherent effects merely because they occur, but this does not exclude responsibility for damage caused by our failure to exercise reasonable care and skill.
17.9 Where you allege that Delivery, Installation or another Service has caused damage to your property, you should report it as soon as reasonably practicable and, where reasonably possible, identify it to the person carrying out the Service before they leave the Site. You should retain reasonable evidence, including photographs where appropriate, so that we can investigate.
Private and domestic use
17.10 We supply Products and Services under these Terms for private and domestic use. If you use them for business or commercial purposes contrary to the basis on which the Contract was made, we will not be responsible for business losses including loss of profit, revenue, business, contracts, opportunity or business interruption, except to the extent applicable law requires otherwise.
Liability we cannot exclude
17.11 Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence or the negligence of those acting on our behalf, fraud or fraudulent misrepresentation, or any other liability or statutory right which cannot lawfully be excluded or limited.
18. Fraud and Deliberate Misuse
18.1 You must not knowingly provide false or misleading information, manipulate evidence, substitute goods, deliberately damage goods, or otherwise misuse our ordering, Delivery, returns, refund, repair, replacement, warranty, promotional, gift-card or payment processes in order to obtain money, Products, Services or another benefit to which you are not entitled.
18.2 Where we have reasonable grounds to suspect fraud or deliberate abuse, we may investigate the circumstances, request reasonable supporting evidence, reject or cancel affected claims or Orders where legally permitted, restrict further use of the affected account, promotion or service, and take reasonable steps to recover losses caused by the conduct.
18.3 We may refer suspected criminal activity to the appropriate authorities where it is reasonable and lawful to do so.
18.4 Nothing in this section limits the rights of customers making genuine claims or exercising their statutory rights.
19. Age-Restricted and Regulated Products
19.1 Certain Products may only lawfully be sold, supplied or delivered to persons who meet a specified minimum age or other legal requirement. Where you purchase such a Product, you confirm that you satisfy the applicable requirement.
19.2 We may require satisfactory proof of age or identity before accepting, dispatching, releasing or delivering an age-restricted or otherwise regulated Product and may use an appropriate age- or identity-verification service for this purpose.
19.3 Where required by law or by our reasonable compliance procedures, an age-restricted Product will only be delivered to an eligible person who provides satisfactory identification and may not be left unattended, in a safe place or otherwise delivered in a manner which would breach applicable requirements.
19.4 We may refuse or cancel an Order, or refuse Delivery, where applicable age, identity, carrier or other legal requirements are not satisfied. This may apply to Products such as certain knives or bladed articles, fuels, gas products or other Products which are subject to legal sale or delivery restrictions from time to time.
20. Gift Cards
If you or someone you are ordering for needs additional support when dealing with us, please tell us. We will take reasonable steps to understand and accommodate those needs. Further information is available in our Vulnerable Customer Policy.
20.1 Harbour gift cards are valid for 12 months from the date of purchase. Any unused balance will expire at the end of that period. The expiry period will be made clear when the gift card is purchased.
20.2 Gift cards may be used towards eligible Harbour purchases through the sales channels specified when the gift card is issued. They cannot be exchanged for cash and no cash change will be given.
20.3 If the value of an Order exceeds the available gift-card balance, the remaining amount must be paid using another payment method we accept.
20.4 Gift cards must not be resold or used for commercial, fraudulent or unlawful purposes. We may refuse or suspend a gift card where we reasonably believe it has been obtained or used fraudulently, without the owner's authority, or in breach of these Terms, subject to applicable law.
20.5 Where an Order paid wholly or partly using a gift card is refunded, the amount originally paid using the gift card will normally be restored to a gift card or equivalent store-value method. Restored gift-card value will be valid for the later of the remaining validity period of the original gift card or three months from the date the refund is processed, subject always to your statutory rights.
20.6 You should treat a gift card and its code as you would cash and keep them secure. If a gift card is lost, stolen or used without authority, please contact us promptly. Our ability to block or replace it will depend on whether the balance remains available and whether we can reasonably verify the original purchase and ownership.
20.7 Nothing in this section affects your statutory rights.
If we are unable to resolve an eligible complaint through our complaints process, you may refer it to the Furniture & Home Improvement Ombudsman, an independent Alternative Dispute Resolution provider, once our membership is active. Details of how to do this are available from our Customer Services team and will be published on our website.
21. Personal Information
21.1 We will collect, use and protect your personal information in accordance with our Privacy Policy and applicable data protection law.
21.2 We may share relevant personal information with third parties where reasonably necessary to fulfil the Contract, provide Products or Services to you, or register, administer or support a warranty or other service associated with your purchase. This may include delivery providers, installers, service and repair providers, warranty or protection-plan providers, payment providers and other appropriately appointed service providers.
21.3 Further information about how we use personal information, the purposes for which it is used, the circumstances in which it may be shared and your rights is set out in our Privacy Policy.
21.4 In connection with Delivery, Installation, collection, inspection, repair or other Services, we or persons acting on our behalf may take photographs or video recordings where reasonably necessary to record attendance, Delivery or collection, document the condition of Products or property, record access or Site conditions, investigate an incident or complaint, protect the safety of customers and personnel, prevent or investigate fraud, or establish what occurred in connection with performance of the Contract.
21.5 This may include photographs or video showing that we attended a Delivery, Installation or collection address where the Service could not be completed.
21.6 Our personnel or contractors may use body-worn video equipment in circumstances where its use is reasonably necessary and proportionate, including for safety, incident management, dispute resolution or evidential purposes. Where body-worn video is being used, we will take reasonable steps to make people aware that recording is taking place.
21.7 Images and recordings will be handled in accordance with our Privacy Policy and applicable data protection law. Our Privacy Policy provides further information about the purposes for which recordings may be used, retention, access and your data-protection rights.
22. Customers Who Need Additional Support
22.1 If you or someone you are ordering for needs additional support when dealing with us, please tell us. We will take reasonable steps to understand and accommodate those needs. Further information is available in our Vulnerable Customer Policy.
23. Other Important Terms
23.1 We may transfer our rights and obligations under the Contract to another organisation. If we do so, this will not affect your rights under the Contract.
23.2 You may not transfer your rights or obligations under the Contract to another person without our written agreement, except where applicable law provides otherwise. Any Product Guarantee supplied by us is subject to the applicable Product Guarantee terms and does not transfer to another owner unless those terms expressly state otherwise.
23.3 Except where these Terms expressly state otherwise, the Contract is between you and us. No other person has any right to enforce any of its terms.
23.4 Each provision of these Terms operates separately. If any provision, or part of a provision, is found by a court or other competent authority to be unlawful or unenforceable, the remaining provisions will continue in effect.
23.5 If we do not immediately insist that you do something required by the Contract, or if we delay taking action in respect of a breach, this does not mean that we have waived our rights or that you do not have to comply with your obligations.
24. Complaints
24.1 If you are unhappy with a Product, Service or any aspect of your experience with us, please contact us using the details in section 2. We will investigate your complaint and try to resolve it fairly and within a reasonable time.
24.2 When contacting us, please provide your Order details and sufficient information about the issue to enable us to investigate it. We may ask you to provide reasonable additional information or evidence where necessary.
24.3 If we are unable to resolve your complaint through our complaints process, once our membership is active you may refer an eligible dispute to the Furniture & Home Improvement Ombudsman, an independent Alternative Dispute Resolution provider. Details of how to do this are available from our Customer Services team or from the Ombudsman.
24.4 Nothing in our complaints process affects your statutory rights.
25. Changes to these Terms
25.1 We may update these Terms from time to time, for example to reflect changes in law, our Products, Services or operating processes.
25.2 The version of these Terms which formed part of your Contract when your Order was accepted will continue to apply to that Contract. A later change will not retrospectively alter your Contract unless you and we agree otherwise or the law requires it.
