Terms & Conditons - Harlequin Europe SA
Website Terms of Use
These Website Terms of Use (‘Terms of
Use’) are the terms upon which You (the
'User', ‘You’ ‘Your’) are
entitled to access and use the Website at
www.harlequinfloors.com (the ‘Website’)
and will continue in force until such time as either
You or Harlequin Europe SA (the
‘Company’, ‘We’,
‘Us’ ‘Our’, ‘Harlequin
Floors’) terminates this Agreement. Access to
and use by the User of this Website constitutes
acceptance by the User of these Website Terms of
Use, which take effect from the date of first access
to the Website.
We have taken great care to present the products on
Our Website as accurately as possible but the images
You see will depend upon the display and colour
capabilities of Your device. Before You place an
order with Us, please fully read through Our Terms
and Conditions of Sale.
Purpose of the Website
The primary purpose of the Website is as an
information-only Website for Harlequin Floors to
provide information about its organisation, products
and services to the wider public in general.
Additional functionality of the Website includes
receipt by Harlequin Floors of information from the
User such as enquiry forms and information updates.
The User can view the information provided via the
Website and contact the Company via the Website with
queries and requests for further information.
Legal compliance disclaimer
Whilst this Website may be accessed and viewed via
the internet throughout the world, the Company does
not represent or warrant that the information on
this Website or its operation complies with the
regulatory regime of any country, other than
Luxembourg where the Company is located. If the User
accesses the Website from a location outside
Luxembourg, the User does so by the User's own
initiative and at the User's own risk. The User is
responsible for compliance with local laws.
Intellectual Property Rights
The User acknowledges and accepts that there may be
photographs (copyright works) or other content or
materials on the Website in which copyright,
trademark, patent, trade secret or other proprietary
rights ('Intellectual Property Rights') are owned by
third parties and which are reproduced by permission
of such third parties. The User may not copy any
such copyright works or other third party materials
or content without the permission of the relevant
third party copyright owner. Subject to this, the
User acknowledges and agrees that all Intellectual
Property Rights in the content and materials
available on the Website vests in and are owned
absolutely by the Company unless otherwise
indicated, including in respect of or in connection
with but not limited to the Website's design, text,
graphics, its selection and arrangement, software
and all other material on or in the Website.
©Harlequin Floors, 2012. All rights reserved.
Harlequin® and Harlequin AeroDeck® are
registered trademarks of the Company, British
Harlequin plc and American Harlequin Corporation.
Permitted use
The User is authorised to view, print or download one
copy of the materials or content on the Website on any
single computer for the User's personal, non-commercial
use, provided that any proprietary notices, marks, logos
and other legends that appear on the copied screens
remain on, and are not removed from, the printed or
stored images of such screens. This permission is
subject to the material being reproduced accurately and
not being used in a misleading context and does not
extend to any material on the Website that is identified
as being the copyright work(s) of a third party.
The User may not modify any content or materials on the
Website in any way or reproduce or publicly display,
perform or distribute or otherwise use them for any
public purpose.
The User is authorised to browse the Website, send
queries and request further information from the Company
and submit the User's contact details for a response or
purchase cleaning and accessory products, subject to the
relevant Terms and Conditions of Sale.
Where the User wishes to use the Website or any content
or material on the Website for purposes other than that
permitted above, the User must obtain prior written
permission from the Company. For commercial reproduction
of the Company’s material, please contact the
Company. If you are granted a licence to reproduce
material you will be required to follow some simple
guidelines about the way the information is displayed.
An acknowledgement of the source must be included
whenever the Company’s copyright material is
copied or published.
The User must obtain authorisation to reproduce third
party material, including material on the Website and
material accessible via any Third Party Site, from the
relevant third parties concerned. The User must not
permanently store or otherwise copy any such third party
content or materials for wider distribution or
commercial gain, without the express permission of the
relevant third party. The Company will not be
responsible for obtaining such permission for the
User.
If the User breaches any of these Website Terms of
Use, the User's authorisation to use the Website and
the content and material on the Website
automatically terminates and the User must
immediately destroy any downloaded or printed
materials.
Third Party Sites
The Website incorporates links to other websites, frames
and portals ('Third Party Sites') designed, maintained
and operated by third parties. The Company has not
reviewed the Third Party Sites, which are provided for
the User's convenience only, and the Company is not
responsible for the content or availability of these
Third Party Sites. If the User decides to use a link to
a Third Party Site the User will leave the Website and
the User will do so at the User's own risk.
Links to Third Party Sites do not imply that the
Company endorses, is affiliated or associated with,
or is legally authorised to use any trademark, trade
name, logo or copyright work displayed in or
accessible through the Third Party Sites or that any
linked site is authorised to use any trade mark,
trade name, logo or copyright of the Company.
Unauthorised access by third parties
It is possible that third parties may access the Website
and alter the Website’s contents or place damaging
materials or programmes on the Website including, but
not limited to, computer viruses, Trojan horses, worms,
bots and other destructive digital elements. The Company
will not be liable for any damage or loss arising out of
or resulting from any such unauthorised access to,
alteration to or modification of information contained
on the Website or infection of the Website in this
way.
In any event, it is the User's sole responsibility
to take all protective measures to guard against
computer viruses or other destructive elements.
Limitation of liability
In no event will the Company be liable to the User
whether in contract, tort, by statute or otherwise in
respect of any loss of profits and/or for any special,
indirect, incidental or consequential loss or damage
arising out of or in connection with the User's use of
the Website, including without limitation: loss of
revenue, loss of anticipated savings, loss of business
and/or goods, loss of goodwill, loss of use, loss and/or
corruption of data and/or other information, and/or
downtime.
For the avoidance of doubt, neither the types of loss
and/or damage specified above nor any similar types of
loss and/or damage shall constitute direct loss for the
purposes of this Agreement.
Nothing shall exclude or restrict the
Company’s liability for fraudulent
misrepresentation and/or for death or personal
injury arising as a result of the Company’s
negligence.
Information disclaimer
The information provided on the Website by the Company
is intended to be informative only and is not a
substitute for legal or other professional advice or
intended to be relied upon. You should consult an
appropriate professional for specific advice tailored to
your situation. By accessing and using the Website the
User acknowledges that any reliance upon any information
obtained or received via the Website will be at the
User's sole risk.
The Company provides the information on the Website
without any representation or endorsement made and
without warranty of any kind whether express or implied,
including but not limited to the implied warranties of
satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security and
accuracy.
The Company does not warrant that the functions of
the Website will be uninterrupted or error free,
that defects will be corrected or that the Website
or the servers that make it available are free of
viruses or other destructive digital elements.
Site usage information – log files
Log files allow the Company to record visitors' use
of the Website. The Company compiles log file
information from all visits by users to the Website
and uses that information to make changes to the
layout of the Website and to the information in the
Website based on the way visitors move around the
Website. Log files do not contain any personal
information.
Terms and Conditions of Sale
Product availability
Due to the nature of Our business, stock levels can
fluctuate. If You wish to check whether a product is
available, please feel free to
contact Us.
Order acceptance
Acceptance of Your order will be deemed to occur
on allocation of the goods to Your
order. Completion of the contract between
You and Us will occur when Your payment method
has been approved and Your order is despatched.
We will then send You an email acknowledging
Your order.
If Your order does not pass through Our security
checks, or a product is out of stock or We have
identified a pricing error, We will contact You
via email or telephone to discuss this.
Pricing
Our prices are in the currency of the country of
order origin and tax (if applicable) is charged
at the current rate.
Payment methods
Please
contact Us
for further information.
Delivery
If the goods You order are in stock
then they are usually despatched within one
to three working days of order acceptance,
unless You have requested next day delivery,
which is available at an additional cost.
Please contact Us
for a delivery price.
Tax is charged at the current rate
applicable within the country of order
origin.
We are not responsible for return delivery charges,
other than for incorrect, faulty or damaged
items.
We can't be held responsible for parcels that fail
to reach us; therefore it's always advisable to
obtain a proof of posting or despatch.
Cancellation policy (applicable to private
individuals only)
If You have changed Your mind and wish to cancel
Your order before delivery then please
contact Us
as soon as possible and We will give you a full
refund. However, We do have the right to retain
any charge paid for services which have already
begun or have been completed. Refunds take 5-7
working days to be credited to a payment
card.
Because We endeavour to process orders as
quickly as possible, it may not be possible to
stop an order being despatched in time. In this
instance, please arrange for the return of the
goods within 14 days of the day of delivery and
We will refund the cost of the goods including
postage. Alternatively,
contact Us
and We will arrange for the collection of the
goods.
Returns policy (applicable to private
individuals only)
If You have changed Your mind and would like to
return the goods, and it is within 7 working
days from the day of delivery, then We will
provide You with a refund, as long as the goods
are returned as new, unused and You have taken
reasonable care of them.
Returns policy (applicable to businesses
and private individuals)
If You have changed Your mind and would like to
return the goods but it is over 7 working days
from the day of delivery, then We will provide
You with a refund but the following conditions
will apply:
• We must receive the goods within 3 months
of the day of original delivery
• The goods must be returned as new,
unused, in their original packaging and You must
have taken reasonable care of them.
• A 20% restocking charge (relating to the
product(s) purchased) will be deducted from the
total amount refunded to You.
• You are responsible for returning the
product(s) and for the costs involved. No refund
will be provided in respect of
delivery/collection costs.
Faulty or damaged goods
All products are released to our carriers in
good condition. If You do receive damaged or
faulty goods then please
contact Us
as soon as possible.
Guarantee
Please view Our
‘Guarantee’ page
for further information.
Feedback
Your feedback is valuable to Us and will allow
Us to serve You better. Your views on what We
are doing and how We could make things better
are important to Us. If You have any comments,
suggestions or complaints We would be delighted
to hear from You. Please direct comments or
concerns to Us verbally or in writing by
contacting Us.
Communication
Communications in connection with these Website
Terms of Use and the Website may be by way of
letter posted to the Marketing Department,
Harlequin Floors, 29 rue Notre-Dame, L-2240
Luxembourg or via
email. For ease of use and compatibility We will not
encrypt emails, except those relating to
payments, unless You expressly ask Us to do so.
In the event that You would like Us to encrypt
e-mails sent to You, please provide Us with the
necessary certification to enable Us to do so.
E-mail, unless encrypted, is not a fully secure
means of communication.
Changes
The Company prides itself in keeping up-to-date
with advances in technology and legal
developments. As these areas are ever changing,
the Company recommends that the User refers to
this area of the Website on a regular basis in
order to ensure that the User is aware of the
Company’s most recent Website Terms of
Use, the Company’s Privacy Policy and
other policies.
The Company reserves the right to modify, add to
or change these Website Terms of Use, the
Company’s Privacy Policy and any other
policies at any time without notice. Any such
modifications, additions or changes will be
effective immediately on being posted to the
Website. Continued use of the Website after a
modification, addition or change has been made
is the User's acceptance of the modification,
addition or change.
General
The User may not assign, sub-license or
otherwise transfer any of the User's rights or
obligations under these Website Terms of Use.
The Company reserves the right to assign,
sub-license or transfer any of the
Company’s obligations under these Website
Terms of Use to a third party.
These Website Terms of Use will not be varied
except in writing by the Company. Any breach of
these Website Terms of Use will entitle the
Company to immediately terminate the User's use
of the Website without notice. If any provision
in these Website Terms of Use is found to be
invalid or unenforceable by any authority having
competent jurisdiction, such invalidity or
unenforceability will not affect the validity of
the remaining provisions of these Website Terms
of Use, which will remain in full force and
effect. Failure by either party to insist upon
strict performance of any provision of these
Website Terms of Use, or the failure by either
party to exercise any right or remedy to which
it is entitled under these Website Terms of Use
will not constitute a waiver of that right or
remedy and will not cause a diminution of the
obligations established under these Website
Terms of Use. Headings in these Website Terms of
Use are for convenience only and will have no
legal meaning or effect.
General conditions
In the absence of express stipulation to the
contrary, our offers provide for the
installation of newsprung floors and/or
vinyl floors only. They do not include
disassembly of the existing flooring or
preparation of the support. The percentage
of humidity in the floor upon which the
sprung floor(s) or vinyl floor(s) are to be
laid may not exceed 2.5%. The floor must
also be plain and completely level.
Differences in level may not exceed 3mm over
2.5m for the installation of PVC dance
floors and 5mm over 2.5m for the
installation of sprung floors. If the
difference in level exceeds the above
indicated measurements, it shall be the
responsibility of the client to rectify the
evenness of the surface. All costs incurred
in amending the plans as a result of
rectification of surface evenness will be
charged to the client.
The minimum required temperature for
installation is 15°c, while the maximum
temperature may not exceed 35°c. The rate of
ambient humidity must be between 35% and 50%.
The client shall supply all the electricity
required for worksite execution free of
charge.
Our offers are based on the plans and dimensions
furnished by the client. We decline all
liability for erroneous information communicated
by the client concerning said measurements. If
the measurements are erroneous, all costs
incurred in the delivery of missing materials,
as well as all costs incurred in amending the
original plans, will be charged to the
client.
Our offers are drawn up assuming normal access
to the premises in which the installation is to
take place. The latter must be clean, well-lit,
ventilated, free of any objects or materials and
located in closed buildings. If these conditions
are not fulfilled, our team of installers
reserves the right to refuse to install the
flooring as planned. All costs incurred in such
worksite cancellation shall be charged to the
client.
We guarantee the proposed installation
dates, as long as our team is able to work
in the above described acceptable
conditions. In the contrary event, we will
invoice 480.00 EUR plus tax per layer and
per day of inactivity, plus all costs
relating to amendment of the original plan
(such as hotel reservations, train or plane
tickets, etc.). This clause also applies in
the event of cancellation or postponement of
the work 10 days prior to the scheduled
date, for reasons above and beyond the
control of Harlequin Europe.
The client waives all claims to compensation for
delay in execution of the work. We shall not be
held liable for failure to execute an order in
the presence of a case of force majeure, such
as: bad weather, strikes, riots, materials out
of stock or cessation of manufacture on the part
of our suppliers.
All goods delivered to the client remain our
exclusive property pending payment in full of
the contractual price. In the absence of
payment, the client expressly authorises us to
withdraw all material installed or stored or
installed by ourselves, from the worksite,
without prior warning.
In all disputes between the parties, the
courts of Luxembourg shall enjoy exclusive
jurisdiction.
Governing law
These Website Terms of Use will be governed by
Luxembourg law and the parties hereby submit to
the exclusive jurisdiction of the Luxembourg
courts. The Company reserves the right to bring
proceedings in the courts of the country of the
User's residence or that of the User's principal
place of business at the Company’s
discretion.
Ident. TVA: LU 20231720
FR: 60479568792
DE: 245002527