General Terms and Conditions

General terms and conditions (“General Terms and Conditions”) for sales contracts concluded via the website www.harrys.com/en/de (“Harry’s Webshop”) between Harry’s Grooming Limited, 5th Floor 101 St Martins Lane, London, WC2N 4AZ, United Kingdom, e-mail: hal-lo@harrys.com (“Harry’s”) and you (“Customer” or “you”), as well as conditions of use of Harry’s Webshop.

§ 1 Area of application, definitions

1.1 The business relationship between you and Harry’s, as well as the use of Harry’s Web-shop, are subject exclusively to the following General Terms and Conditions. By using Harry’s Webshop, you agree to the validity of these General Terms and Conditions. Deviating terms and conditions of the Customer will not be recognised, unless Harry’s has explicitly agreed to the validity thereof in writing.

1.2 Harry’s Webshop is exclusively aimed at Customers who have reached the age of 18, live in the Federal Republic of Germany (“Germany”) and act as consumers. A con-sumer is any natural person who enters into a legal transaction for purposes that can pre-dominantly not be attributed to their commercial or self-employed professional activity.

1.3 Harry’s may change the General Terms and Conditions with effect for the future, in particular with regard to payment methods, delivery and shipping costs, insofar as this appears necessary due to changes in the law, changes in case law, changes in the market situation or for organisational reasons and you can reasonably be expected to accept such changes. Harry’s will inform you of the intended changes and point out that you can object to the change within four weeks of receipt of the notification (in text form) and that failure to make use of this right of objection will result in consent being deemed to have been given to the amended General Terms and Conditions.

In the event of an ob-jection to the planned changes, Harry’s reserves the right to terminate the contract sub-ject to a notice period in respect of offers with an indefinite term or an indefinite number of deliveries.

§ 2 Orders and conclusion of contract

2.1 A password-protected user account must be set up before products can be ordered via Harry’s Webshop. You are obliged to provide your personal data truthfully.

2.2 The product descriptions in Harry’s Webshop do not constitute binding offers; they are instead merely invitations to submit an order. You can place articles into your shopping cart and view its contents at any time without obligation. The articles in the shopping cart can be removed from the shopping cart at any time.

2.3 If you would like to buy the products in the shopping cart, select “Checkout”. In the next step you have to log in with your user account or first create a password-protected user account. You then have the possibility of entering or changing your delivery address for the order and select the method of delivery. You will then be asked to provide your payment details. As the last step, you will see an overview of all the details of the order. By selecting “Buy Now” you complete the ordering process and submit a binding offer. In doing so, you at the same time confirm that you accept the General Terms and Condi-tions and authorise and execute the payment accordingly. Before the order is shipped you can change or view the data at any time. You will receive confirmation on the web-site that the order and payment details have been successfully transmitted.

2.4 The placing of an order constitutes an offer to Harry’s to conclude a sales contract. After receipt of the offer by Harry’s, Harry’s will accept the offer by sending you an automatic “order confirmation”. This is when the contract is concluded. In this e-mail, the text of the contract (consisting of the order, the General Terms and Conditions and the order confirmation) will be sent to you by Harry’s on a durable data carrier (e-mail or paper printout). After conclusion of the contract, your payment will be processed.

2.5 The contract is concluded in German. Your order is stored at Harry’s and can be ac-cessed by you via your password-protected user account. In your user account you can also manage your data (e.g. your address or payment method) and view order data.

§ 3 The products, free trial, subscription period and termination

3.1 The “Shave Plan” subscription is a contract for the supply at set intervals (for example, every one, two or three months) of shaving products (refill razor blades and/or shaving cream/gel) in the form of a subscription.

3.2 Harry’s offers new customers the opportunity of testing the product through a “Trial Set” pursuant to an offer. At the end of the 14-day trial period, delivery of the selected shaving products will be continued at the set delivery intervals subject to the relevant costs. The one-time “Trial Set” is only offered to new customers and is limited to one person per household. The “Trial Set” is subject to certain costs, which will be indicated on the order form.

3.3 The contract for the recurring periodic delivery of the “Shave Plan” subscription is concluded for an indefinite period of time without minimum term.

3.4 The “Shave Plan” subscription will start at the end of the 14-day trial period unless the Customer has already terminated the contract beforehand. In the course of the order process you will be informed of the date on which the first delivery subject to the relevant costs will be dispatched. The relevant delivery interval is determined based on the start date.

3.5 Harry’s reserves the right to make reasonable changes to the shaving products which are part of the “Shave Plan” subscription at its reasonable discretion.

3.6 To change or terminate the contract for the delivery of the “Shave Plan” subscription at any time, go to your account or email Harry’s at hallo@harrys.com. If you terminate a subscription, your subscription will not be renewed after your then-current subscription term expires. It is your responsibility to notify Harry’s in advance of renewal.

3.7 Both parties may terminate the contract for the delivery of the “Shave Plan” subscription without giving any reasons at any time up to five calendar days before the beginning of the next scheduled delivery interval.

3.8 The right to terminate the contract for cause will not be affected.

3.9 Notices of termination may be submitted in writing (to Harry’s Grooming Limited, 5th Floor 101 St Martins Lane, London, WC2N 4AZ, United Kingdom) or by e-mail at hal-lo@harrys.com.

§ 4 Delivery and availability of goods

4.1 The regular deliveries will be sent at the selected delivery intervals as of the first starting date of the delivery. The selected delivery interval is shown in the user account.

4.2 Harry’s only delivers to Customers whose delivery address is in Germany. You must keep the delivery address in your user account up to date.

4.3 Delivery can only be made if the purchase price and shipping costs have been paid beforehand.

4.4 Should, at the time of your order or thereafter, the product selected by you or components thereof be or become temporarily or permanently unavailable, Harry’s will notify you of this by e-mail without undue delay. Should it be permanently impossible to deliver the product because Harry’s itself is not supplied with the product despite having duly concluded a congruent covering transaction and Harry’s is not responsible for the lack of availability, it will be entitled to rescind the sales contract. In the event of rescission, Harry’s will reimburse any advance payment made without undue delay.

4.5 Harry’s is at all times entitled to deliver and invoice for part of the goods, insofar as the Customer can reasonably be expected to accept it. Should Harry’s make partial deliveries, it will bear the additional shipping costs.

§ 5 Prices and shipping costs

5.1 All prices in Harry’s Webshop are given in euros and include the applicable statutory VAT.

5.2 The shipping costs are given on the order form. Please see Harry’s Webshop for further information on shipping costs. The price including VAT and shipping costs is also shown on the order page before you submit the order.

5.3 Harry’s is entitled to adjust the subscription price at any time – but no more than once per quarter – to changing market conditions and in the event of significant changes in procurement costs, changes in value added tax or procurement prices. The adjustment shall include both price increases in the event of an overall increase in costs and price reductions in the event of an overall decrease in costs.

5.4 Should Harry’s change the price of the “Shave Plan” subscription during the contractual term of the subscription, Harry’s will inform you thereof by e-mail. If, on receipt of such notice, you do not wish to continue with the purchase, you may cancel your subscription at any time before the scheduled date of the transaction, and at least within 14 days upon receipt of e-mail informing you of the price adjustment.

5.5 The goods will be sent by post. Harry’s will bear the shipping risk if the Customer is a consumer.

5.6 The shipping costs are shown on the order form before the order is submitted and must be borne by the Customer.

5.7 In the event of a revocation, the Customer must pay the direct costs of returning the goods.

5.8 Harry’s will reimburse the Customer for the costs of shipping the goods in the event of a revocation insofar as no additional costs have been incurred for the shipment (for exam-ple, because the Customer has opted for express delivery).

5.9 If the goods are returned because of a defect in the goods, Harry’s will bear the costs of shipping and returning the goods.

§ 6 Terms of payment and reservation of title

6.1 Payments may be made by credit card, direct debit or PayPal.

6.2 Each recurring periodic payment due under your “Shave Plan” subscription will be collected or debited from the stored payment method in advance approximately five days before the next scheduled delivery interval.

6.3 You can change the mode of payment recorded in your user account at any time You must keep the payment data, in particular account number, credit card number, etc. in your user account up to date and ensure that there is sufficient coverage in the relevant account. For every payment that cannot be carried out, in particular direct debits which have not been redeemed or have been returned, you must reimburse Harry’s for the costs it incurs insofar as you are responsible for the event that triggered the costs.

6.4 You are in agreement that you will be receiving invoices and credit notes solely in elec-tronic form.

6.5 Where a date for rendering payment is determined by the calendar, if you miss that date you will be in default without a reminder being necessary.

6.6 The delivered goods will remain Harry’s property until complete payment has been made.

§ 7 Instruction on right of revocation

7.1 As a consumer, you generally have a statutory right of revocation upon entering into a distance selling transaction. The following information is provided for you in accordance with the statutory model instruction on the right of revocation:

Right to revoke individual orders

You have the right to revoke this contract within 14 days without giving any reasons. The revocation period is 14 days from the day on which you or a third party designated by you who is not the carrier have/has taken possession of the goods.

In order to exercise your right of revocation, you must inform Harry’s at the following address:

Harry’s Grooming Limited, 5th Floor 101 St Martins Lane, London, WC2N 4AZ, United Kingdom E-mail: hallo@harrys.com

of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You can use the model revocation form below for this purpose, but it is not mandatory.

It is sufficient for compliance with the revocation period if you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

**Consequences of a revocation **

If you revoke this agreement, Harry’s must refund to you all applicable payments it has received from you, including delivery charges (other than additional charges arising from your choice of a different method of delivery than the cheapest standard delivery offered by us), promptly and no later than 14 days from the date on which Harry’s receives no-tice of your revocation of this agreement. For this refund Harry’s will use the same means of payment as you used for the applicable transaction unless a different agree-ment has been made with you; under no circumstances will you be charged for this re-fund. Harry’s may refuse to grant a refund until it has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or deliver the goods to Harry’s immediately and, in any event, no later than 14 days after the day on which you have notified us of the revocation of this agree-ment, at the following address:

Harry’s Returns c/o GXO Ambachtstraat 38-40 5804 CD Venray Netherlands

This deadline is met if you dispatch the goods before the expiry of the 14-day period.

You will bear the direct costs of returning the goods.

You will only be liable for any loss in value of the goods if such loss in value is due to a handling of the goods which is not necessary for testing their condition, properties or functionality.

Right to revoke “Shave Plan” subscriptions

You have the right to revoke this contract within 14 days without giving any reasons. The revocation period is 14 days from the day on which you or a third party designated by you who is not the carrier have/has taken possession of the first goods.

In order to exercise your right of revocation, you must inform Harry’s at the following address:

Harry’s Grooming Limited, 5th Floor 101 St Martins Lane, London, WC2N 4AZ, United Kingdom E-mail: hallo@harrys.com

of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You can use the model revocation form below for this purpose, but it is not mandatory.

It is sufficient for compliance with the revocation period if you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

**Consequences of a revocation **

If you revoke this agreement, Harry’s must refund to you all applicable payments it has received from you, including delivery charges (other than additional charges arising from your choice of a different method of delivery than the cheapest standard delivery offered by us), promptly and no later than 14 days from the date on which Harry’s receives no-tice of your revocation of this agreement. For this refund Harry’s will use the same means of payment as you used for the applicable transaction unless a different agree-ment has been made with you; under no circumstances will you be charged for this re-fund. Harry’s may refuse to grant a refund until it has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or deliver the goods to Harry’s immediately and, in any event, no later than 14 days after the day on which you have notified us of the revocation of this agree-ment, at the following address:

Harry’s Returns c/o GXO Ambachtstraat 38-40 5804 CD Venray Netherlands

This deadline is met if you dispatch the goods before the expiry of the fourteen-day period.

You will bear the direct costs of returning the goods.

You will only be liable for any loss in value of the goods if such loss in value is due to a handling of the goods which is not necessary for testing their condition, properties or functionality.

7.2 No right of revocation exists with regard to contracts on the delivery of sealed goods (such as razor blades) which are not suitable for returning for reasons of protection of health or hygiene if their seal has been removed after delivery (e.g. removal of the pro-tective foil/packaging). Further, and for the avoidance of doubt, Harry’s will not take back any products that have been acquired from an unauthorized reseller, including, but not limited to, any seller on Amazon, eBay or similar online marketplaces.

7.3 In accordance with the statutory regulation, Harry’s hereby provides the following in-formation on the model revocation form:

Model revocation form

(If you would to revoke the contract, please fill out this form and send it back to us.)

– To Harry’s Grooming Limited, 5th Floor 101 St Martins Lane, London, WC2N 4AZ, United Kingdom, e-mail: hallo@harrys.com

– I/we () hereby revoke the contract I/we () concluded on the purchase of the follow-ing goods ()/the rendering of the following service()

– ordered on ()/received on ()

– name of the consumer(s)

– address of the consumer(s)

– signature(s) of the consumer(s) (only in case of notification on paper)

– Date


(*) Delete as appropriate.

§ 8 Warranty for material defects, guarantee

8.1 Harry’s will be liable for material defects pursuant to the applicable statutory provisions, in particular sections 434 et seq. German Civil Code (BGB).

8.2 An additional guarantee will apply for the goods delivered by Harry’s only if it was ex-plicitly rendered in the order confirmation for the respective article.

§ 9 Termination

9.1 Harry’s may terminate your access to all or any part of Harry’s Webshop at any time, with cause (with or without notice) or without cause (with reasonable notice), which may result in the forfeiture and destruction of all information associated with your user account. In the event we terminate your access to all or any part of Harry’s Webshop with-out cause, any fees paid hereunder are refundable to the extent we failed to provide any services in accordance with these General Terms and Conditions. If you wish to terminate your user account, you may do so by following the instructions on Harry’s Web-shop or as provided herein.

9.2 Harry’s may have to suspend the supply of a product to: (a) deal with any technical issues or make technical changes; or (b) update the product to reflect changes in relevant laws and regulatory requirements. In the event Harry’s suspends the supply of a product, Harry’s will notify you in advance, unless the issue is an emergency. You will not be charged for the product while the supply is suspended. If a product is suspended for more than two weeks, you may contact Harry’s to end the contract for the suspended product and Harry’s will refund you for any amount you paid in advance for the product with respect to the period after which the contract ended without undue delay. Your right of revocation pursuant to § 7 remains unaffected.

§ 10 Disclaimer

Harry’s cannot and does not guarantee that any information or services (including through use of Harry’s Webshop) will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appro-priate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of information.

§ 11 Liability

11.1 Any claims against Harry’s for damages are excluded. Excepted from this are damages claims due to injury of life, limb, health or due to a breach of material contractual obliga-tions (cardinal duties), as well as liability for any other damage due to an intentional or grossly negligent breach of duty on the part of Harry’s, its legal representatives or vicar-ious agents. Material contractual obligations are those which must be met in order to achieve the objective of the contract, in particular the delivery of defect-free goods.

11.2 Should material contractual obligations be breached, Harry’s will only be liable for fore-seeable damage which is typical for such contracts if it was caused by simple negligence, unless damages due to injury of life, limb or health are involved.

11.3 The limitations of liability deriving from § 11.1 and § 11.2 will not apply if Harry’s has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods. The same will apply if Harry’s and the Customer have concluded an agreement on the quality of the goods. The provisions of the Product Liability Act (Produkthaftung-sgesetz) remain unaffected.

**§ 12 Additional terms of use **

12.1 Harry’s reserves the rights to the entire content of Harry’s Webshop (in particular texts, images, sound files, animations and videos). Any exploitation of these rights, in particu-lar any reproduction, distribution or making available to the public requires the explicit prior consent of Harry’s.

12.2 Harry’s Webshop contains references to outside websites (hyperlinks) which lie outside of Harry’s sphere of responsibility. Harry’s hereby declares it checked the linked sites at the time of the linking and that no unlawful content was evident on the linked sites at that point in time. Harry’s has no influence on the current and future design, the content or the copyright of the linked sites. However, Harry’s will monitor these sites on a regu-lar basis. Should it become aware of any legal violations, Harry’s will remove such links without delay. You acknowledge and agree that Harry’s shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such links or websites.

12.3 Details on the collection and use of your personal data can be found in our privacy statement in Harry’s Webshop.

12.4 Harry’s Webshop may contain content specifically provided by Harry’s or its partners and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any content accessed through Harry’s Webshop. You shall not sell, license, rent or otherwise use or exploit any con-tent for commercial use or in any way that violates any third party right. Use, reproduc-tion, modification, distribution or storage of any content for any purpose other than using Harry’s Webshop as contemplated by Harry’s and these General Terms and Conditions is expressly prohibited without prior written permission from Harry’s.

12.5 Harry’s, H’, Mammoth Design, Give a Shave, Truman and any other Harry’s trade-marks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of Harry’s (collectively “Harry’s Marks”). Other trademarks, service marks, graphics and logos used in connection with the Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The Har-ry’s Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Harry’s or the applicable trademark holder.

§ 13 Relevant code of conduct

13.1 As a condition of use, you promise not to use Harry’s Webshop for any purpose that is prohibited by these General Terms and Conditions. You are responsible for all of your activity in connection with Harry’s Webshop.

13.2 You shall not: (i) take any action that imposes or may impose (as determined by Harry’s) an unreasonable or disproportionately large load on Harry’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of Harry’s Webshop or any activities conducted on Harry’s Webshop; (iii) bypass, circumvent or attempt to bypass or circumvent any measures Harry’s may use to prevent or restrict ac-cess to Harry’s Webshop (or other accounts, computer systems or networks connected to Harry’s Webshop); (iv) run any form of auto-responder or “spam” on Harry’s Webshop; (v) use manual or automated software, devices or other processes to “crawl” or “spider” any page of the website; (vi) harvest or scrape any information or content from Harry’s Webshop; (vii) distribute information you know is false, misleading, untruthful, unlawful or inaccurate; (viii) upload any software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to dam-age or obtain unauthorized access to any system, data, password or other information of Harry’s or of any third party; or (ix) otherwise take any action in violation of Harry’s guidelines and policies.

13.3 You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engi-neer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Harry’s Webshop (including, without limitation, any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, trans-late, or otherwise create derivative works of any part of Harry’s Webshop; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

13.4 Harry’s also reserves the right to access, read, preserve and disclose any information as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these General Terms and Conditions, in-cluding, without limitation, the investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Harry’s, its users and the public.

13.5 All orders of Harry’s products must be for personal use only. By purchasing Harry’s products, you hereby agree not to resell or distribute such products for any commercial purposes. If Harry’s has reason to believe that your order is not for personal use, it reserves the right to reject or cancel any order that you place.

§ 14 Online dispute resolution

14.1 For any complaints or inquiries, please email Harry’s at hallo@harrys.com

14.2 The European Commission has set up an internet platform for online dispute resolution. The platform serves as a contact point for the extrajudicial resolution of disputes over contractual obligations under purchase agreements which are concluded online. The plat-form and additional information can be accessed under the following link: http://ec.europa.eu/consumers/odr.

Harry’s does not participate in consumer dispute resolution proceedings pursuant to the Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).

§ 15 Promotional codes

Promotional codes cannot be redeemed for cash and cannot be combined with other of-fers. No more than one promotional code per order can be redeemed. Promotional codes may only be used within the respective redemption period. Any unauthorised reproduc-tion, resale, modification of or trade in promotional codes is prohibited.

§ 16 Concluding provisions

16.1 These General Terms and Conditions, as well as contracts between the Customer and Harry’s, are governed by the laws of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

16.2 These General Terms and Conditions are the entire agreement between you and Harry’s with respect to the use of Harry’s Webshop, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Harry’s with respect to the use of Harry’s Webshop. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this will not affect the remaining provisions.

§ 17 Availability of Harry’s Webshop

We do not guarantee that any content will be made available on Harry’s Webshop. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any content in our sole discretion, at any time, without notice to you and for any reason (in-cluding, but not limited to, upon receipt of claims or allegations from third parties or au-thorities relating to such content or if we are concerned that you may have violated these General Terms and Conditions), or for no reason at all and (ii) to remove or block any content from Harry’s Webshop.

§ 18 Apple device and application terms

If you are accessing Harry’s Webshop via an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store, the following shall apply:

18.1 Both you and Harry’s acknowledge that these General Terms and Conditions are concluded between you and Harry’s only, and not with Apple, and that Apple is not responsible for, does not endorse, and is not involved in the application;

18.2 The application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with Harry’s Webshop for your private, personal, non-commercial use, subject to all the terms and conditions of these General Terms and Conditions as they are applicable to Harry’s Webshop;

18.3 You will only use the application in connection with an Apple device that you own or control;

18.4 You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application;

18.5 In the event of any failure of the application to conform to any applicable warranty, in-cluding those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the application;

18.6 You acknowledge and agree that Harry’s, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the application;

18.7 You acknowledge and agree that, in the event of any third party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, Harry’s, and not Apple, will be responsible for the investigation, de-fense, settlement and discharge of any such infringement claim;

18.8 You represent and warrant that you are not located in a country subject to a U.S. gov-ernment embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibit-ed or restricted parties;

18.9 Both you and Harry’s acknowledge and agree that, in your use of the application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

18.10 Both you and Harry’s acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these General Terms and Conditions, and that upon your ac-ceptance of these General Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these General Terms and Conditions against you as the third party beneficiary hereof.

§ 19 In app purchases.

Through the applications, you may purchase (“In App Purchase”) certain goods de-signed to enhance the performance of Harry’s in connection with Harry’s Webshop (“Goods”). When you purchase Goods, you are doing so through the Apple iTunes ser-vice and you are agreeing to its Terms and Conditions. We are not a party to any In App Purchase.

§ 20 User Content

20.1 Any content that is submitted to Harry’s or to Harry’s Webshop by users, whether pub-licly or privately transmitted, including product reviews, survey responses and comments (“User Content”), is the sole responsibility of the person who originated such User Con-tent. You represent that all User Content submitted by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations. User Content that you submit must not: (i) contain any content that infringes intellectual property rights, data protection or privacy rights of an individual; (ii) be defamatory or threatening; (iii) impersonate any person or entity; (iv) contain unauthorized advertising; or (v) transmit or distribute any virus and/or other code that has contaminating or destructive elements. We make no representations, warranties or guarantees with respect to any User Content that you access on or through Harry’s Webshop.

20.2 If you submit User Content or make suggestions to Harry’s about improving or adding new features in connection with Harry’s Webshop, Harry’s has the right to use your User Content and suggestions without any compensation to you.

§ 21 Assignment

These General Terms and Conditions are personal to you, and are not assignable, trans-ferable or sublicensable by you except with Harry’s prior written consent. Harry’s may assign, transfer or delegate any of its rights and obligations hereunder without consent.

§ 22 Agency

No agency, partnership, joint venture or employment relationship is created as a result of these General Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.

§ 23 Third party rights

A person who is not a party to these General Terms and Conditions shall not have any rights to enforce any part of these General Terms and Conditions.

§ 24 Notices

Unless otherwise specified in these General Terms and Conditions, all notices under these General Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to hallo@harrys.com.

§ 25 No waiver

Our failure to enforce any part of these General Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these General Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these General Terms and Conditions to be binding, Harry’s must provide you with written notice of such waiver through one of its authorized representatives.

§ 26 Headings

The section and paragraph headings in these General Terms and Conditions are for con-venience only and shall not affect their interpretation.

Status: April 2022