Terms & Conditions

The terms and conditions shall apply to all contracts for the purchase of goods by you from us the seller to the exclusion of all other terms and conditions which you may purport to apply under any sales offer or purchase order. These terms and conditions supersede all previous agreements and understandings between the parties. Any amendment to the terms and conditions will only be effective if signed by a director of Boston Harbour.

Boston Harbour are committed to providing you with terms and conditions of sale which are easy to understand and which are fair to you. Your statutory rights are not affected by anything contained in these terms and conditions.

Boston Harbour does not trade via eBay or any other auction website. We are not able to verify the authenticity or quality of any item sold on such a site under the Boston Harbour branding.

Definitions:

"We/us" means Boston Harbour, the seller of the goods.
"You" means the customer acting as a consumer.
"Courier" means any such fulfillment courier as we may choose to use.
"Delivery date" means the date specified by us, the seller, when the goods are to be delivered, however time is not of the essence of this contract.
"Goods" means the items which you agree to buy from us, the seller.

Note:

• To protect our customers we regularly perform random security checks on online orders. If your order has been selected for review, you will be required to provide a bank authorization code and/or utility bill so we can verify your details. This security policy is in place for your protection.

Signing for your order:

Please note that all orders are sealed at our Distribution Centre and packages should under No Circumstances be accepted for if the seals are broken or the packaging is damaged upon arrival, if this does occur please contact our Customer Services team on 1-646-559-2989.
If for any reason you feel that there is a discrepancy with your order upon arrival, please contact our Customer Experience Team on 1-646-559-2989 within 24 hours and ensure you retain all original packaging.

Cancelling an Order:

You may cancel an order at any time up until the point of when the goods are being dispatched, after which you will need to return the goods to us, in order to receive a refund. Please refer to Refunds and Exchanges for further details. To cancel an order please contact our Customer Experience Team on 1-646-559-2989.

Customs and Duty:

We operate on a Delivered Duty Unpaid basis. This means that any outstanding import duties, clearance fees, brokerage fees or any other additional charges are the responsibility of our customer and have to be paid on delivery of your order.

These charges are set by the customs authorities of the destination country and you may also need to provide additional information to clear your order. Please contact your local customs authority for more information.

Taxes:

All tax charges are based on state and local tax laws and tax rates for the delivery address you have supplied. All tax charges will be displayed on the checkout page and is not included within the product cost. If you return an item for a refund, you will also receive a refund for the taxes that were applied to that item. Where required, tax will also be applied to shipping and handling costs, please note you will not receive a refund for taxes against shipping costs once the order has been shipped.

If you are purchasing goods for a tax-exempt organization or an individual that qualifies for exemption then please contact our Customer Services team prior to placing your order to ensure compliance is made with state and local tax laws.

Refunds, Exchanges and Returns:

Refunds

• If you want to return an item for a refund via the original form of payment, you can do so by returning the item to our distribution centre within 14 days of receipt.
• You are able to return your order, however the cost of return is the customer's responsibility.
• Where an item which you wish to return is received or returned to us after this 14 day period but before 28 days from receipt by you of the item, we will issue you with a gift card for the appropriate amount. Any items received or returned to us after this 28 day period will not be refunded and will be returned to you.
• We will refund you on the original method of payment. If you used a gift card to pay for the Goods we will refund you by way of a gift card. If you made the payment using part gift card and part credit/debit card or paypal, the gift card element will be refunded first.
• To exercise your cancellation rights, you must notify us within 7 working days from the day after you received your order. However, please note that orders already shipped must be received back at our Distribution Centre before a refund can be issued.
• Website Returns Address: 

Boston Harbour returns:

• JMS Tradewell LLC, Suite 405, 209 West 38th Street, New York, NY, 10018 USA
• Please see the returns section below and our Returns page for further details on how you can return an item for a refund.

Exchanges:

• If you want to exchange an item for a different size or color you can do so by returning the item to our distribution center, you are able to return your order, however the cost of return is the customer's responsibility.
• If a different item is required for the exchange a separate order will have to be made.
• Please see the returns section below and our Returns page for further details on how you can return an item for an exchange.
  
  Returns:
• Boston Harbour cannot accept responsibility for Goods not received and a proof of signature is required to confirm receipt. We recommend you keep your tracking number until your refund or exchange has been processed.
• All return postage costs are your responsibility.
• Boston Harbour returns
• JMS Tradewell LLC, 234 Coney Island Ave., Brooklyn, NY 11218 USA
• If you have returned the Goods to us because they are faulty, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. However please note we cannot accept liability for an item as faulty until it has been returned to us and we have had an opportunity to inspect it and confirm that it is faulty.
• Your delivery costs will be refunded in the following circumstances:
• If you cancel your order before dispatch.
• If you return a faulty item.
• If we cancel your order due to stock availability or because the product is faulty on dispatch.
• To exercise your cancellation rights, you must notify us within 7 working days from the day after you received your order. However, please note that orders already shipped must be received back at our Distribution Centre before a refund can be issued.

Handling and conditions of returned good:

• Please take reasonable care when opening original packaging and, where possible, ensure it is returned along with the Goods.
• All Goods should be inspected and tried on with reasonable care being exercised.
• Items should be returned unused and in a resalable condition, with all garment tags and care labels still attached. If returned items are damaged or soiled we may not accept them and may send them back to you and/or refuse a refund.
• Where protective casings, protective boxes, dust bags and leather tags are provided with the Goods, these must be returned along with the Goods.
• For handbag returns: when examining your handbag please be mindful not to scratch or mark the product. For returns please wrap your handbag carefully in the original dust bag to prevent any damage during shipping.

Promotions:

Unfortunately, we cannot advise you in advance of a reduced priced product or reimburse you the difference after you have placed an order.

We may from time to time run special promotions or issue promotional codes. Unless otherwise expressly stated on the specific promotion, promotional codes cannot be used in conjunction with any other offer or promotion, cannot be used to purchase gift cards and can only be used against full price items. We reserve the right to change or terminate any promotion without notice at any time.

Disputes:

In the unlikely event that there is a dispute in relation to the goods supplied, any dispute or claim shall be governed and construed according to United States Law and shall be subject to the exclusive jurisdiction of the US Courts. If any provision of these Terms & Conditions is held by any Court or other authority to be invalid or unenforceable in whole or in part, then the validity of the rest of these Terms & Conditions and the remainder of the provision in question shall not be effected thereby.

Product Authenticity:

Boston Harbour does not trade via eBay or any other auction website. We are not able to verify the authenticity or quality of any item sold on such a site under the Boston Harbour brand name.

Data Protection and Privacy:

We use the information that we collect about you to:

• Process your order expeditiously and efficiently.
• In order to enable the goods to be delivered to you we have to pass on your address to our third party couriers. If it is in our possession we will also pass on details of your telephone number in order to allow our couriers to contact you directly in the event of a query regarding delivery.
• Contact you regarding forthcoming offers by email only.
• We will not telephone you unless the telephone call relates to a particular order that you have made. Credit card and debit card details are checked and verified by a third party and goods are only dispatched once authorization has been obtained.

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protections Act 1998.

We may use information concerning you for payment recovery or to investigate any possible fraud in the event that credit or debit card payments have been used in a fraudulent manner. Please note that we may be required to disclose information concerning you if requested to do so by the police.
We may at any time terminate this agreement without notice to you.
All card data you choose to save within your account for future purchases with us here at Boston Harbour is stored securely.

For full details please see our privacy & security section.

Children Data Protection:

As per the Children's data protection act, if you are under the age of 13, you are not permitted to submit any information to Boston Harbour. bostonharbour.net is intended for users who are 13 years of age and older.

California privacy rights:

Under the California Civil Code sections 1798.89 - 1798.84. California residents are entitled to ask for a full notice describing our disclosure of personal information to third parties for their direct marketing purposes. To request a copy of this notice please submit a written request to the following address:
JMS Tradewell LLC,
234 Coney Island Ave., Brooklyn,
NY 11218 USA

Events outside our control:

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause:
• An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, adverse weather conditions, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
• we will contact you as soon as reasonably possible to notify you; and
• our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
• You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.