Terms and Conditions
1. General
1.1 These Terms and Conditions apply to all offers made by Harper & Yve.
The Terms and Conditions are accessible to everyone and are published on the website www.harperandyve.com.
1.2 Identity of the Company
Company name: VI-Brand B.V.
Trading as: Harper & Yve
Email address: webshop@harperandyve.com
Address: Lagosweg 19, 2622 CZ Delft (The Netherlands)
Telephone: +31 (0)85 773 1744
Chamber of Commerce number: 27269225
VAT identification number: NL813702975B01
1.3 By placing an order, the customer acknowledges acceptance of the delivery and payment conditions. Harper & Yve reserves the right to amend its delivery and/or payment conditions after their validity period has expired.
1.4 Unless otherwise agreed in writing, Harper & Yve does not recognize the general or specific terms, conditions, or stipulations of third parties.
1.5 Harper & Yve guarantees that the products supplied comply with the agreement and meet the specifications stated in the offer.
2. Delivery
2.1 Delivery shall take place while stocks last.
2.2 In accordance with Dutch distance selling legislation, Harper & Yve shall execute orders within 30 days at the latest. If this is not possible because the ordered item is out of stock, no longer available, delayed for other reasons, or the order cannot be fulfilled in full or in part, the consumer will be informed within one month after placing the order. In such a case, the consumer has the right to cancel the order free of charge and without notice of default.
2.3 The place of delivery shall be the address provided by the consumer to the company.
2.4 Harper & Yve shall be deemed to have fulfilled its delivery obligation, unless proven otherwise, as soon as the goods supplied by Harper & Yve have been offered to the customer at least once. In the case of home delivery, the carrier’s report stating refusal of acceptance shall constitute full proof that delivery was offered.
2.5 All delivery times stated on the website are indicative only. No rights may be derived from the stated delivery periods.
3. Prices
3.1 Prices shall not be increased during the validity period of an offer unless required by legislation or due to interim price increases imposed by the manufacturer.
3.2 All prices on the website are subject to printing and typographical errors. No liability shall be accepted for the consequences of such errors.
3.3 All prices on the website are stated in Euros and include 21% VAT.
4. Cooling-Off Period / Right of Withdrawal
4.1 In the case of a consumer purchase under the Dutch Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to return all or part of the delivered goods within a period of 14 days without stating any reason. This period commences on the day the ordered goods are delivered. If the customer has not returned the delivered goods to Harper & Yve after this period has expired, the purchase becomes final. Before returning the goods, the customer must notify Harper & Yve within 14 days of delivery via webshop@harperandyve.com. The customer must be able to prove that the goods were returned on time, for example by providing proof of shipment. Returned goods must be sent back in their original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered, or damaged in any way by the customer, the right of withdrawal shall lapse. Subject to the foregoing, Harper & Yve shall refund the full purchase amount, including any shipping costs charged, within 14 working days after proper receipt of the returned goods. The return shipment of the goods is entirely at the customer's expense and risk.
4.2 The right of withdrawal does not apply to: goods or services whose price is subject to fluctuations in the financial market beyond the supplier’s control; goods manufactured according to the consumer’s specifications, such as custom-made products, or goods of a clearly personal nature.
4.3 If the consumer exercises the right of withdrawal, the costs of returning the goods shall always be borne by the consumer.
5. Data Management
5.1 When an order is placed with Harper & Yve, the customer’s details are recorded in the Harper & Yve customer database. Harper & Yve complies with applicable privacy legislation and will not disclose your information to third parties. Please refer to our Privacy Policy.
5.2 Harper & Yve respects the privacy of users of its website and ensures that personal information is treated confidentially.
5.3 Harper & Yve may make use of mailing lists in certain cases.
6. Warranty
6.1 Harper & Yve guarantees that the products supplied meet the standards of usability, reliability, and durability that may reasonably be expected under the purchase agreement and therefore provides the manufacturer’s warranty applicable to the product supplied to the customer.
6.2 The warranty period provided by Harper & Yve corresponds to the manufacturer’s warranty period. However, Harper & Yve shall never be responsible for the ultimate suitability of the products for any specific application by the customer, nor for any advice regarding the use or application of the products.
6.3 The customer is obliged to inspect the delivered goods immediately upon receipt. If the delivered product is incorrect, defective, or incomplete, the customer must immediately report these defects to Harper & Yve via webshop@harperandyve.com before returning the goods. Any defects or incorrectly delivered products must be reported to Harper & Yve no later than seven (7) days after delivery. Returned products must be sent in their original packaging (including accessories and accompanying documentation) and in new condition. Any use of the product after discovering a defect, damage occurring after discovering a defect, encumbrance, or resale of the product after discovering a defect shall completely invalidate the right to make a claim and return the goods.
6.4 If Harper & Yve determines that a complaint is justified, Harper & Yve shall, at its sole discretion, either replace the delivered goods free of charge or reach a written agreement with the customer regarding compensation. The liability of Harper & Yve shall at all times be limited to the invoice value of the goods concerned or, at Harper & Yve’s discretion, to the maximum amount covered by its liability insurance in the relevant case. Any liability for any other form of damage is excluded, including but not limited to additional compensation, indirect damage, consequential damage, or loss of profit.
6.5 This warranty shall not apply if: A) the customer remains in default towards Harper & Yve; B) the customer has repaired, modified, or allowed third parties to repair or modify the delivered goods; C) the delivered goods have been exposed to abnormal conditions, handled negligently, or used contrary to the instructions of Harper & Yve and/or the instructions provided on the packaging; D) the defect is wholly or partly the result of government regulations concerning the nature or quality of the materials used.
7. Offers
7.1 All offers are non-binding unless explicitly stated otherwise.
7.2 Upon acceptance of a non-binding offer by the buyer, Harper & Yve reserves the right to revoke or amend the offer within three (3) working days of receiving the acceptance.
7.3 Verbal commitments shall only be binding upon Harper & Yve after they have been expressly confirmed in writing.
7.4 Offers made by Harper & Yve do not automatically apply to repeat orders.
7.5 Harper & Yve cannot be held to an offer if the customer should reasonably have understood that the offer, or part thereof, contained an obvious mistake or clerical error.
7.6 Additions, amendments, and/or supplementary agreements shall only be valid if agreed upon in writing.
8. Agreement
8.1 An agreement between Harper & Yve and a customer is concluded only after an order has been assessed for feasibility by Harper & Yve and confirmed in writing.
8.2 Harper & Yve reserves the right, without giving reasons, to refuse orders or assignments or to accept them only under the condition of cash-on-delivery shipment or advance payment.
8.3 Harper & Yve is entitled to conduct verification checks when an order is placed using post-payment methods or a credit card. Based on the outcome of such checks, Harper & Yve may offer an alternative payment method or cancel the order. For higher-value orders, Harper & Yve may require shipment via cash on delivery. In such cases, Harper & Yve shall bear the associated COD charges.
8.4 Unless otherwise agreed, amounts owed by the consumer must be paid within fourteen (14) days after delivery of the goods.
9. Images and Specifications
9.1 All images, photographs, drawings, and information relating to weights, dimensions, colours, label illustrations, and similar specifications displayed on the Harper & Yve website are approximate and indicative only. Such information cannot give rise to claims for compensation or termination of the agreement.
10. Force Majeure
10.1 Harper & Yve shall not be liable if and insofar as its obligations cannot be fulfilled due to force majeure.
10.2 Force majeure shall mean any external cause, as well as any circumstance that cannot reasonably be considered to be at Harper & Yve’s risk. This includes delays or failures by suppliers, internet outages, electricity failures, email communication disruptions, failures or changes in technology supplied by third parties, transport difficulties, strikes, government measures, supply delays, negligence by suppliers and/or manufacturers, illness of staff, and defects in auxiliary or transport equipment.
10.3 In cases of force majeure, Harper & Yve reserves the right to suspend its obligations and is entitled to dissolve the agreement wholly or partially, or to demand that the agreement be amended so that performance remains possible. Under no circumstances shall Harper & Yve be obliged to pay any penalty or compensation.
10.4 If Harper & Yve has already partially fulfilled its obligations at the time force majeure occurs, or can only partially fulfil its obligations, Harper & Yve shall be entitled to invoice the delivered or deliverable part separately. The customer shall be obliged to pay such invoice as if it concerned a separate agreement. This shall not apply if the delivered or deliverable part has no independent value.
11. Liability
11.1 Harper & Yve shall not be liable for damage to vehicles or other property resulting from improper use of its products. Before using any product, customers should carefully read the instructions on the packaging and/or consult our website.
12. Retention of Title
12.1 Ownership of all goods sold and delivered by Harper & Yve shall remain with Harper & Yve until the customer has fully satisfied all claims arising from the agreement, previous agreements of a similar nature, or subsequent agreements of a similar nature. This includes payment for goods supplied, services performed or to be performed, as well as claims arising from non-performance, including penalties, interest, and costs as referred to in Article 3:92 of the Dutch Civil Code.
12.2 Goods delivered under retention of title may only be resold in the ordinary course of business and may never be used as a means of payment.
12.3 The customer is not entitled to pledge, encumber, or otherwise burden goods that remain subject to retention of title.
12.4 The customer hereby grants Harper & Yve, or any third party designated by Harper & Yve, unconditional and irrevocable permission to enter any premises where Harper & Yve’s property is located in order to exercise its ownership rights and reclaim such goods.
12.5 If third parties seize goods delivered under retention of title or seek to establish or enforce rights over them, the customer must inform Harper & Yve immediately as reasonably possible.
12.6 The customer undertakes to insure and keep insured all goods delivered under retention of title against fire, explosion, water damage, and theft, and shall provide the insurance policy for inspection upon first request by Harper & Yve.
13. Governing Law and Competent Court
13.1 All agreements shall be governed exclusively by Dutch law.
13.2 Any disputes arising from an agreement between Harper & Yve and the buyer that cannot be resolved amicably shall be submitted to the competent court within the judicial district of Overijssel, unless Harper & Yve prefers to submit the dispute to the competent court in the buyer’s place of residence. This does not apply to disputes that fall within the jurisdiction of the Dutch subdistrict court.
These Terms and Conditions are accessible to everyone and published on the website www.harperandyve.com.
Terms and Conditions for Riverty Invoice and Riverty Direct Debit
Version 2.2, effective from 26 October 2023.
What are Riverty Invoice and Riverty Direct Debit?
As an online store (hereinafter referred to as the “Webshop”), we offer Riverty Invoice and Riverty Direct Debit in cooperation with Riverty GmbH, Gütersloher Straße 123, 33415 Verl, Germany (“Riverty”). To use Riverty Invoice or Riverty Direct Debit, you must have a billing and delivery address in the Netherlands. This address may not be a P.O. Box. Furthermore, you must either operate a business entity or be at least 18 years of age. Riverty applies a minimum age requirement of 18 years and these payment methods are not available to minors.
If you choose to pay for your order using Riverty Invoice or Riverty Direct Debit, the following applies:
• Riverty performs a creditworthiness and address verification check to determine whether the payment method can be offered for your order;
• If approved, the payment option is confirmed during checkout;
• Once a purchase agreement is concluded, all existing and future payment claims relating to the order are assigned to Riverty;
• Riverty will send you an invoice or payment information by email (or regular mail if no email address is available);
• Payments must be made directly to Riverty according to the instructions provided on the invoice.
Riverty is solely responsible for payment processing. The Webshop remains responsible for all other aspects of the transaction, including order fulfilment and product quality.
When do these terms apply?
These terms apply as soon as you select Riverty Invoice or Riverty Direct Debit as your payment method. By selecting one of these payment methods, rights and obligations arise between you and the Webshop and, after assignment of the claim, between you and Riverty. These terms form an integral part of the purchase agreement relating to the transaction. They also apply to orders placed by telephone.
1. How do Riverty Invoice and Riverty Direct Debit work?
1.1 When you select Riverty Invoice or Riverty Direct Debit, Riverty assesses whether the payment method is available for your order by performing a creditworthiness and address verification check.
1.2 If approved, confirmation will be provided during checkout. If approval is not granted, you may choose another available payment method.
1.3 Upon completion of your purchase and selection of Riverty as payment provider, all existing and future claims relating to payment of the order are automatically assigned to Riverty. As a result, Riverty issues the invoice and becomes entitled to receive payment.
1.4 All payments relating to a Riverty Invoice must be paid directly to Riverty within fourteen (14) days.
1.5 Payments due under Riverty Direct Debit will be automatically collected by Riverty within three (3) days after the pre-notification has been sent.
1.6 If payment is made to anyone other than Riverty after assignment of the claim, the payment obligation towards Riverty remains outstanding and payment must be made again directly to Riverty.
1.7 Riverty may assign any claim relating to your order to a third party at any time, including debt collection agencies in the event of non-payment.
2. When must payment be made?
2.1 If Riverty Invoice is selected, all amounts due must be paid to Riverty within the payment period stated on the invoice. Payment instructions and bank details are provided on the invoice.
By choosing Riverty Direct Debit, you expressly authorize Riverty to automatically collect the amount stated on the invoice from your designated bank account. You are deemed to have paid in full once the direct debit has been successfully collected and the chargeback period has expired. A pre-notification will be sent three (3) days before the amount is collected. By selecting Riverty’s payment service, you agree to this three-day notice period.
2.2 If you choose Riverty Direct Debit, you must ensure that sufficient funds are available in the designated bank account.
3. What happens in the event of late payment?
3.1 If payment is not made within the period specified on the invoice, the outstanding amount becomes immediately due and payable without further notice of default.
3.2 In the event of late payment, Riverty will send a reminder requesting payment within fourteen (14) days. If payment is still not received, collection costs may be charged in accordance with Dutch legislation concerning extrajudicial collection costs. Additional reminders and demands for payment may be issued. Under Dutch law, extrajudicial collection costs may amount to 15% of the outstanding balance, with a minimum charge of €40.
3.3 From the date of default, Riverty may charge statutory interest on the outstanding balance until payment has been made in full. If legal proceedings become necessary, all judicial and collection costs may be charged to the debtor in accordance with applicable law.
3.4 Any payments received by Riverty shall first be applied to collection costs, then to interest, and finally to the outstanding principal amount. Only after all costs have been paid in full will payments be credited toward the original invoice amount.