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.

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.

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.

Please view Our ‘Guarantee’ page for further information.

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.

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.

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.

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