H by Harlequin is a manufacturer for men’s clothing based in Montreal & New York (Quebec, Canada) distributing its products through its Website « www.hbyharlequin.com » (or « www.hbyharlequin.com/fr» for the French Website) and Mobile Application « H by Harlequin ».
H BY HARLEQUIN provides its clients with an innovative service through its Website and its Mobile Application, which permits clients through an interactive platform to customize their blazers based on their needs and desires (color, form, material etc.)
The Terms & Conditions apply to all users of the H by HARLEQUIN platform, including Clients, Members, and Visitors to the Website and Mobile Application. By using the Website and/or the Mobile Application, they accept these Terms & Conditions. These Terms & Conditions are available on the Website and Mobile Application at any time.
H by HARLEQUIN reserves the rights, at any time, without notice, to modify these Terms & Conditions. The modifications made subsequently after their first purchase or after becoming a Client or Member shall be presumed to have accepted the platforms without notice.
ARTICLE 1. Definitions
These Terms & Conditions apply to the Website and the Mobile Application of H by HARLEQUIN.
« Application »: Means the mobile application of H by HARLEQUIN available for download and downloadable under the name of: « H by HARLEQUIN ».
« Client(s) »: Means every person ordering from H by HARLEQUIN.
« Club Harlequin »: Means the loyalty program of H by HARLEQUIN which requires specific registration to become a member.
« Member client(s) or Members »: Means the registered clients of Club Harlequin.
« Website »: Means the H by HARLEQUIN website available on: « www.hbyharlequin.com » (or « www.hbyharlequin.com/fr » for the French version of the website).
« Service(s) »: Means all the services provided by H by HARLEQUINS on the Website « www.hbyharlequin.com » (or « www.hbyharlequin.com » for the French version of the Website) and the Application H by HARLEQUIN providing the possibility to customize men’s blazers and /or to purchase them.
« User or Visitor»: Means a natural person or legal person accessing the Website or the Mobile Application without the formality of being a registered client or having placed an order.
ARTICLE 2. Services provided
H by HARLEQUIN provides a Service of customization of men’s blazers through the Website and the Application.
H by HARLEQUIN offers unique products to every one of its Clients. Clients are given the unique opportunity to create, depending on their ideas and tastes, multiple choices regarding their product. Clients may choose, but are not limited to: the color, the type of buttons, the fabric, the pattern, the design inside and outside of the blazer and the type of collar. The Client may also choose to add accessories such as zippers and supplementary pockets to their blazer.
These choices are made by the Clients on the Website or the Mobile Application of H by HARLEQUIN and through its platform, according to the Clients’ wishes. All the styles proposed on the Website and on the Mobile Application are created by H by HARLEQUIN’ designers and are made according to different needs, moments, and special events, such as, including but not limited to, business meeting, romantic date, etc.
Clients’ choices are commissioned based on their feasibility.
ARTICLE 3. Delivery and return of order
3.1. Shipping or orders and delivery time:
The delivery of the products purchased on the H by HARLEQUIN platform is operated by post.
H by HARLEQUIN will send Clients customized boxes expressing the Clients’ purchases.
H by HARLEQUIN will indicate to its Clients the anticipated delivery time of their order. This delivery time is indicated to the Client by sending an order confirmation email. Such information is also available on the account of the Members of Club Harlequin. This delivery time is an estimated time that could differ depending on the products ordered.
3.2. Delivery fees:
The postal fees are paid by H by HARLEQUIN for any order made by a Member of the Club Harlequin (cf. article 6).
Regarding the purchase orders made by Clients that are not Members of the Club Harlequin, the delivery fees are paid by the Clients and added to the total cost of the order.
3.3. Return of product and customer service:
Any unsatisfied Client can return, at their own expense, their order within fifteen (15) days after receipt of their purchase date as per postmark, to H by HARLEQUIN.
Any Client who wishes to return their purchase and to be refunded shall return a clean, unworn product, in its original state. Any product returned that is damaged, missing labels, or in poor condition will not be refunded.
Any product returned within fifteen (15) days after receipt by the Client subject to the conditions above will be refunded in full (one hundred percent (100%) of its purchase price without including taxes).
3.4. Commercial policy after returns:
If the refund is accepted by H by HARLEQUIN, the product returned will be automatically integrated into the sale section of the H by HARLEQUIN platform. This sale section is only accessible to Members of the Club Harlequin (cf. article 6).
ARTICLE 4. Price Fixing
4.1. Unilateral price fixing by HARLEQUIN:
Price is determined by HARLEQUIN based on different criteria.
H by HARLEQUIN establishes the prices of its products depending on, without limitation to, the type of material used and the time necessary for the manufacturing of the product.
H by HARLEQUIN’s policy is to offer top-rate personalized service at affordable prices.
These prices are communicated to the Clients after the completing the requirements for their clothing as requested. Once all the requested information (size, color, fabric, shape, buttons, embroideries, etc.) is completed, a price will be indicated to the Client who will have the choice to complete the transaction and purchase the order or to abandon it.
4.2. Charges for Users of H by HARLEQUIN platform:
The access to the Website and the Mobile Application of H by HARLEQUIN is completely free. Any internet and/or smartphone holder is free to visit these platforms without having to pay any fees for the access and use of it.
ARTICLE 5. Cancelation of orders:
Member Clients can cancel their order within forty-eight (48) hours of the confirmation of the transaction by submitting a refund request.
ARTICLE 6. Members of the Harlequin Club :
6.1. Definition and membership:
H by HARLEQUIN manages a membership program called Club Harlequin to its Clients.
After applying to this club, the Client becomes a Member client.
6.2. Advantages of being a member of Club Harlequin:
Members of Club Harlequin benefit from free delivery at all times. They also have access to different contests exclusive to them, such as other personalized services closer to their needs and tastes and the access to sale pieces.
ARTICLE 7. Responsibility :
H by HARLEQUIN is responsible in case of non-execution of an order or delay in the execution.
Non-execution of the order means any delivery of an incorrect order. Delay means any delivery in which a delay would have been entirely caused by H by HARLEQUIN, excluding any delay caused by the post or due to superior force.
In the above situations, H by HARLEQUIN would do its utmost to find a satisfying solution for its Clients and Members clients.
ARTICLE 8. Intellectual Property
The content of the Website and the Application is the exclusive property of H by HARLEQUIN. The trademark « H by HARLEQUIN » and all the copyrights attached to it are owned by H by HARLEQUIN and are protected by the Canadian and International laws regarding intellectual property matters. Due to this, any reproduction, total or partial, of the contents of H by HARLEQUIN is strictly forbidden.
By ordering from H by HARLEQUIN, Members and Clients agree that H by HARLEQUIN remains the owner of all the intellectual property rights on research, logos, drawings, textual contents, business names, and prototypes created to offer the Service to its Members and Clients. Clients and Members will not reproduce any of the research, logos, drawings, textual contents, business names, or prototypes unless H by HARLEQUIN expressly authorizes them to do so.
All the intellectual property rights attached to the creation of a customized product manufactured remain the exclusive property of H by HARLEQUIN. Clients and Members would never be able to pursue this right.
Any contrary use of any part or all of the Website and/or Mobile Application or of one of the elements of their content would be a violation of the intellectual property rights of H by HARLEQUIN and may result in legal proceedings against the person who violated it.
ARTICLE 9. Dispute settlement
In case of a customer dispute with a Members and Clients, the parties agree to find a fair solution and to cooperate to find a satisfactory outcome.
ARTICLE 10. Applicable law and jurisdictional competence
These Terms & Conditions are under the laws of Quebec.
Any action by or against either party arising out of these Terms & Conditions shall only be brought before and settled by the competent Court of the Province of Quebec, Canada and to that effect the parties herein elect a domicile in the city and district of Montreal, Province of Quebec.