Article 1 – Definitions
Cooling-off Period: the statutory period within which a Consumer may exercise the right to cancel a distance contract.
Consumer: a natural person acting wholly or mainly outside their trade, business, craft or profession.
Entrepreneur / Seller / we / us: Harbour Weston, operated from the business details stated in Article 2.
Distance Contract: a contract concluded between the Seller and the Consumer without the simultaneous physical presence of the parties, using one or more means of distance communication.
Right to Cancel: the Consumer’s statutory right, where applicable, to cancel a distance contract within the cooling-off period.
DAP: Delivered At Place under Incoterms® 2020, where the goods are delivered to the agreed destination but import VAT, customs duties, clearance charges and other import-related charges are borne by the buyer where applicable.
Importer: the person legally and factually responsible for the import of the goods into the destination country.
Article 2 – Identity of the Entrepreneur
Business Name: Harbour Weston
EIN: 38-4386933
Customer Service Email: support@harbourweston.com
Business Address: 112 Capitol Trail, Suite A, Newark, DE 19711, United States
Customer Service Opening Hours: Monday–Friday, 9:00 AM–5:00 PM (GMT)
Response Time: We aim to reply within 1–2 business days.
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by the Seller through Harbour Weston and to every distance contract concluded with a customer. Before an order is placed, these Terms will be made available electronically in a manner that allows the customer to store and reproduce them. Nothing in these Terms excludes or limits any mandatory statutory rights available to Consumers under applicable law.
Article 4 – The Offer and Pre-Contract Information
Product descriptions, images, prices and other information are presented as accurately as reasonably possible. Obvious errors or mistakes do not bind the Seller. Before the customer places an order, the website will provide the information required by applicable consumer law, including the main characteristics of the goods, the total price or the method of calculation, delivery charges, and—where applicable—clear information that import VAT, customs duties, customs clearance charges or similar import-related costs may be payable separately by the customer.
Unless expressly stated otherwise, offers are subject to availability. Any additional optional payment requires the customer’s express consent.
Article 5 – Formation of the Agreement
The agreement is formed when the customer places an order and the Seller accepts that order. The Seller will provide an electronic acknowledgement or confirmation. The Seller may refuse or cancel an order before dispatch where there is a legitimate reason, including an obvious pricing error, suspected fraud, unavailability of the product or inability to deliver to the requested destination. If payment has already been taken for an order that is not accepted or is cancelled by the Seller, the amount paid will be refunded.
Article 6 – Returns and Change of Mind
Australian law does not generally provide an automatic right to return goods simply because a customer changes their mind. Where Harbour Weston offers a voluntary change-of-mind return period, the conditions stated in the Return and Refund Policy apply. This does not limit any rights or remedies that cannot be excluded under the Australian Consumer Law.
To request a return, contact support@harbourweston.com and follow the instructions in our Return and Refund Policy. Any voluntary return conditions apply only to change-of-mind returns and do not restrict mandatory consumer guarantees.
Returned goods must be sent in accordance with the return instructions provided by Harbour Weston. Where a return concerns a failure covered by the Australian Consumer Law, return costs and remedies will be handled as required by law.
For an approved voluntary change-of-mind return, the customer may be responsible for return shipping costs unless Harbour Weston states otherwise. This does not apply where the law requires us to bear the relevant costs.
The right to cancel may not apply to goods for which a statutory exception applies, including certain personalised or made-to-order goods, perishable goods, or sealed goods not suitable for return for health protection or hygiene reasons once unsealed.
Article 7 – Refunds
Where a Consumer validly exercises the statutory right to cancel, the Seller will reimburse the payments received for the cancelled goods, including the cost of standard outbound delivery where required by law. If the Consumer selected a more expensive delivery method than the least expensive standard delivery offered, the additional delivery cost does not have to be reimbursed.
The Seller may withhold reimbursement until the goods have been received back or the Consumer provides evidence that the goods have been sent back, whichever occurs first, where permitted by law. Reimbursement will be made without undue delay and within the applicable statutory period, generally no later than 14 days after the relevant return or evidence of return.
The Seller may make a deduction for any reduction in the value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods, to the extent permitted by law.
Article 8 – Customs, Import Duties and VAT Liability
8.1 Unless expressly stated otherwise at checkout, goods shipped directly from a country outside the destination customs territory are supplied on a DAP – Delivered At Place basis under Incoterms® 2020. Where this model applies, the customer is responsible for import VAT, customs duties, customs clearance charges, brokerage fees and other import-related charges imposed in the destination country.
8.2 The customer will be informed before purchase, where applicable, that additional import-related charges may become payable on or before delivery. The amount of such charges is determined by the relevant authorities and/or carriers and may not always be known to the Seller in advance.
8.3 Where the order is genuinely structured and carried out on a DAP basis with the customer as importer, the customer is responsible for complying with applicable import formalities and paying import-related charges. The Seller does not act as importer of record for such a shipment unless expressly agreed otherwise. The legal and factual allocation of import responsibilities depends on the actual shipping and customs arrangements and not merely on the wording of these Terms.
8.4 The Seller will use reasonable efforts to provide or arrange appropriate commercial shipping documentation. The customer remains responsible for any import obligations legally imposed on the customer as importer.
8.5 To the fullest extent permitted by applicable law, the Seller is not responsible for delays or additional charges caused solely by the customer’s failure to complete lawful import formalities or pay import charges for which the customer was clearly informed and is legally responsible. Nothing in this Article excludes the Seller’s obligations or the Consumer’s mandatory statutory rights.
8.6 Customers are encouraged to check applicable import rules and possible charges before ordering. Any estimate of import charges is indicative unless expressly guaranteed by the Seller.
Article 9 – CESOP Compliance
Where applicable, payment transaction information may be processed or reported by payment service providers in accordance with legal reporting obligations, including the EU Central Electronic System of Payment Information (CESOP). The Seller does not represent that every transaction is reported to CESOP and this Article does not alter the customer’s payment or consumer rights.
Article 10 – Australian Consumer Guarantees and Faulty Goods
The Seller must provide goods that comply with applicable mandatory consumer law. For Australian consumers, our goods come with guarantees that cannot be excluded under the Australian Consumer Law, including guarantees relating to acceptable quality, fitness for purpose and correspondence with description.
If goods are faulty, damaged, unsafe, not as described or otherwise fail to meet a consumer guarantee, the customer may be entitled to a repair, replacement, refund or other remedy depending on whether the failure is major or minor and on the circumstances required by the Australian Consumer Law.
Customers should contact support@harbourweston.com as soon as reasonably possible with the order details and a description of the issue. Any request to report an issue promptly does not remove or reduce mandatory statutory rights.
A Consumer is not required to return faulty goods in unused condition or original packaging as a condition of exercising mandatory statutory rights. Nothing in these Terms limits rights under the Australian Consumer Law or other applicable mandatory consumer law.
Article 11 – Delivery
Unless another delivery period has been expressly agreed, the Seller will deliver the goods without undue delay and normally within the timeframe stated at checkout or in the order confirmation. Where Australian consumer law applies and no different time has been agreed, delivery will generally take place no later than 30 days after the contract is entered into.
If delivery is delayed, the Seller will provide information where reasonably possible. Statutory rights relating to late or failed delivery remain unaffected.
Where a shipment is genuinely made under the DAP model described in Article 8, the customer may be responsible for import formalities and import charges. A customer’s refusal to pay import charges for which the customer is legally responsible may result in additional return, storage or carrier costs. Any deduction or recovery of such costs will only be made where lawful, proportionate and consistent with the customer’s mandatory rights.
For Consumer contracts, responsibility for loss or damage in transit is governed by applicable mandatory consumer law. The customs status of the customer as importer does not by itself remove any mandatory rights relating to delivery, loss or damage.
Article 12 – Complaints
Customers may submit complaints by email to support@harbourweston.com. Customers are encouraged to contact the Seller as soon as reasonably possible after discovering an issue so that it can be investigated efficiently.
The Seller aims to acknowledge and respond to complaints within 14 days. If more time is reasonably required to investigate a complaint, the Seller will provide an update or an estimated response timeframe.
No internal complaint timeframe in these Terms limits or removes any mandatory statutory right or legal limitation period available to a Consumer.
Article 13 – Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, United States. However, if you are a consumer in Australia, this choice of law does not exclude, restrict or modify any mandatory rights or remedies available to you under the Australian Consumer Law or other applicable mandatory Australian law. Nothing in these Terms prevents a consumer from bringing proceedings before a court or tribunal that has jurisdiction under applicable mandatory law.
The parties will first attempt to resolve disputes amicably. Nothing in these Terms prevents a Consumer from bringing proceedings before a court that has jurisdiction under applicable mandatory law. Any provision concerning jurisdiction is subject to mandatory consumer protection rules.
Article 14 – Severability and Changes
If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue in effect to the extent permitted by law. The Seller may update these Terms from time to time. The version applicable to an order is the version made available to the customer when that order is placed, unless a change is required by mandatory law.
Important Operational Note
These Terms assume that any DAP/customer-as-importer model is implemented consistently in practice. The actual shipping route, supplier instructions, carrier arrangements, customs documentation, checkout wording, order confirmations and invoices should match the legal and tax position used for each order. The UK customs and VAT treatment should be separately verified for the actual goods flow, shipment value, destination and sales model.
Document status: Draft adapted for a US-based business operating an Australia-facing online store. This document follows the same general structure as the store's standard Terms of Service while preserving mandatory Australian consumer rights.