Terms of Service

OVERVIEW

Welcome to Hartwell! The terms “we”, “us” and “our” refer to Hartwell. Hartwell operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Hartwell is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Hartwell reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Hartwell confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Hartwell may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Hartwell, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Hartwell names, logos, product and service names, designs, and slogans are trademarks of Hartwell or its affiliates or licensors.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Hartwell is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Hartwell.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Hartwell.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions at any time without prior notice.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services for any unlawful, fraudulent or malicious purpose.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services at any time without notice.

SECTION 15 - DISCLAIMER OF WARRANTIES

Except as expressly stated by Hartwell, the Services and all products offered through the Services are provided "as is" and "as available" without any warranties of any kind.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Hartwell, its affiliates, partners, employees and service providers shall not be liable for any indirect, incidental, special or consequential damages arising from the use of the Services or products purchased through the Services.

SECTION 17 - INDEMNIFICATION

You agree to indemnify and hold harmless Hartwell, Shopify and their affiliates from any claims, damages, liabilities and expenses arising from your breach of these Terms.

SECTION 18 - SEVERABILITY

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between you and Hartwell regarding your use of the Services.

SECTION 20 - ASSIGNMENT

You may not assign your rights under these Terms without our prior written consent.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 22 - HEADINGS

Headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

We reserve the right to update, modify or replace these Terms of Service at any time by posting updates on this website.

SECTION 24 - CONTACT INFORMATION

Store name: Hartwell

Company name: De Wit Onderneming

Company Address:
Pergolesistraat 11
3335XC Zwijndrecht
Netherlands

Warehouse Address:
50 Graham Street
Auburn NSW 2144
Australia

Company Registration Number: 91573998

Phone: +61 468 094 965

Email: support@wearhartwell.com

Support hours: Monday – Friday, 9:00 AM – 5:00 PM (AEDT)

Our customer service team usually replies within 12–24 hours on business days.