Terms of Service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period
The time period during which the consumer may exercise the right to withdraw from the contract.

Consumer
A natural person who is not acting in the course of a professional or business activity and enters into a distance contract with an entrepreneur.

Day
A calendar day.

Long-term contract
A distance contract that concerns a series of products and/or services to be delivered and/or received over a period of time.

Durable medium
Any tool that allows the consumer or entrepreneur to store information addressed to them personally, in a way that enables future access and unchanged reproduction of the stored information.

Right of withdrawal
The consumer's right to withdraw from a distance contract within the withdrawal period.

Entrepreneur
A natural or legal person who offers products and/or services to consumers at a distance.

Distance contract
A contract concluded as part of a system for selling products and/or services at a distance, organized by the entrepreneur, where only remote communication methods are used up to and including the conclusion of the contract.

Distance communication method
A tool that enables the conclusion of a contract without the simultaneous physical presence of both the consumer and the entrepreneur.

General Terms and Conditions
These general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

E-mail address: info@dorseyandharlan.com

Article 3 – Scope of Application

These general terms and conditions apply to every offer made by Dorsey & Harlan and to every distance contract and order concluded between Dorsey & Harlan and the consumer.

Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If that is not reasonably possible, the consumer will be informed, prior to concluding the distance contract, where the terms can be inspected and that they will be sent free of charge as soon as possible upon request.

In the case of an electronically concluded distance contract, and by way of derogation from the previous paragraph, the general terms and conditions may be provided to the consumer electronically in such a way that they can be easily stored on a durable medium. If this is not reasonably possible, the consumer will be informed where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or in another format upon request.

If additional conditions apply to a specific product or service in addition to these general terms and conditions, the second and third paragraphs apply accordingly. In the event of conflicting terms, the consumer may always rely on the provision most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or declared null and void, the remainder of the agreement and these terms will remain in force. The invalid provision will be replaced — by mutual agreement — with a provision that most closely reflects the original intent.

Situations not covered by these general terms and conditions will be assessed in accordance with the spirit of these terms.

Any ambiguities regarding the interpretation or content of one or more provisions shall be interpreted in the spirit of these general terms and conditions.

Article 4 – Offer

If an offer has limited validity or is subject to specific conditions, this will be clearly stated.

The offer is non-binding. Dorsey & Harlan reserves the right to modify or adjust the offer at any time.

The offer includes a complete and accurate description of the products and/or services provided. The description is sufficiently detailed to allow the consumer to make a well-informed assessment of the offer. If Dorsey & Harlan uses illustrations, these will represent the products and/or services truthfully. Obvious errors or mistakes in the offer are not binding for the entrepreneur.

All images, specifications, and details presented in the offer are indicative and do not entitle the consumer to compensation or cancellation of the contract.

Product images are intended to accurately reflect the items offered. However, Dorsey & Harlan cannot guarantee that the colors displayed on a consumer’s screen precisely match the actual product colors.

Each offer contains the necessary information that enables the consumer to clearly understand the rights and obligations associated with accepting the offer. This includes:

Information on prices, excluding customs clearance fees and import VAT. These additional charges are the responsibility of the customer and are incurred at their own expense and risk. When the goods are imported into the United States, the shipping or courier service may use a special import handling system. Any VAT or customs clearance fees may be collected by the shipping or courier service from the recipient of the package.

Possible shipping costs

The method by which the contract is concluded and which steps are required

Clarification on whether the right of withdrawal applies

The payment methods, delivery process, and execution of the contract

The validity period of the offer or the time during which the entrepreneur guarantees the stated price

Any communication charges that differ from standard rates, depending on the method of contact used

Whether the contract will be stored after conclusion and, if so, how the consumer can access it

How the consumer can review and, if necessary, correct personal information provided before the contract is finalized

Any additional languages in which the contract can be concluded, apart from English

The codes of conduct that the entrepreneur follows and how the consumer can access them electronically

The minimum duration of the distance contract in the case of a long-term agreement

(Optional) Information about available sizes, colors, and material types

Article 5 – Agreement

The agreement is concluded—subject to the provisions in paragraph 4—once the consumer accepts the offer and complies with the conditions set out therein.

If the consumer accepts the offer electronically, Dorsey & Harlan will immediately confirm receipt of this acceptance via electronic means. Until the consumer receives confirmation, they may withdraw from the contract without obligation.

If the agreement is concluded electronically, Dorsey & Harlan will implement appropriate technical and organizational measures to safeguard the electronic transfer of data and to ensure a secure online environment. Where the consumer is able to make electronic payments, Dorsey & Harlan will ensure appropriate security procedures are in place.

Within the limits of the law, Dorsey & Harlan reserves the right to verify whether the consumer can meet their payment obligations, as well as to collect any other relevant information necessary to responsibly enter into a distance contract. If, based on this verification, there is a legitimate reason not to enter into the agreement, Dorsey & Harlan is entitled to refuse an order or to attach special conditions to its execution, provided a justification is given.

Upon delivery of the product or service, Dorsey & Harlan will provide the consumer with the following information in writing or in another durable format that allows for accessible storage:

The registered business address of Dorsey & Harlan, where consumers can submit complaints

The terms and process for exercising the right of withdrawal, or a clear statement if the right of withdrawal is excluded

Information about warranty and after-sales services

The details listed in Article 4, paragraph 3 of these terms and conditions, unless they have already been provided to the consumer prior to contract execution

The requirements for terminating the agreement if it was concluded for longer than one year or for an indefinite period

In the case of a long-term contract, the information above applies only to the first delivery.

Every agreement is subject to the condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement without stating a reason, within 30 days. This period begins on the day after the consumer, or a third party designated by the consumer and known to Dorsey & Harlan, receives the product.

During the withdrawal period, the consumer must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it.

If the consumer exercises the right of withdrawal, the product must be returned—along with all delivered accessories and, where reasonably possible, in its original condition and packaging—according to the clear and reasonable instructions provided by Dorsey & Harlan.

To exercise the right of withdrawal, the consumer must notify Dorsey & Harlan within 30 days of receiving the product. Notification should be submitted in writing or via email. Once this intention has been communicated, the consumer must return the product within 30 days.

The consumer is responsible for providing proof that the product was returned on time, for example, by presenting proof of shipment.

If the consumer does not inform Dorsey & Harlan within the specified timeframes or fails to return the product, the purchase will be considered final.

Article 7 – Costs in the Event of Withdrawal from the Contract

If the consumer exercises the right of withdrawal, the costs associated with returning the products will be borne by the consumer.

If the consumer has already made a payment, Dorsey & Harlan will refund the amount as soon as possible, and no later than 30 days after the withdrawal has been received. The refund will only be issued once the returned product has been received by Dorsey & Harlan or once the consumer has provided clear proof that the product has been returned in full.

Article 8 – Exclusion of the Right of Withdrawal

Dorsey & Harlan may exclude the consumer's right of withdrawal for certain products and services as specified in the following paragraphs. Such exclusion shall only apply if it was clearly stated in the offer, or at the latest, before the conclusion of the contract.

Exclusion of the right of withdrawal is permitted in the case of products:

that are manufactured according to the consumer’s specifications

that are clearly personal in nature

that cannot be returned due to their nature

that deteriorate quickly or have a limited shelf life

whose price is subject to fluctuations in the financial market over which Dorsey & Harlan has no control

that are single issues of newspapers or magazines

that are audio or video recordings or computer software, if the consumer has broken the seal on the packaging

that are hygiene products, if the consumer has broken the seal on the packaging

Exclusion of the right of withdrawal may also apply to services:

related to accommodation, transportation, catering, or leisure activities scheduled for a specific date or period

where the execution has begun—with the consumer’s express consent—before the withdrawal period has expired

related to betting and lotteries

Article 9 – Price

During the validity period of the offer as stated in the product description, the prices of the products and/or services will not be increased, except in cases resulting from changes in tax regulations or currency fluctuations.

Notwithstanding the above, Dorsey & Harlan may offer products or services at variable prices if those prices are subject to fluctuations in the financial markets over which Dorsey & Harlan has no control. In such cases, this will be clearly indicated in the offer.

Price increases within three months of the conclusion of the contract are only permitted if they result from legal requirements.

Price increases after three months from the conclusion of the contract are only allowed if Dorsey & Harlan has explicitly reserved this right and either they are required by law or the consumer has the right to cancel the contract as of the date the price increase takes effect.

As delivery takes place outside the European Union, Dorsey & Harlan is exempt from the obligation to charge VAT. Therefore, no VAT is added to the purchase price. However, when delivering to countries within the European Union—such as Poland—local customs authorities or courier services may impose import VAT and customs duties. Any such additional charges are the responsibility of the customer.

All prices are subject to typographical and printing errors. Dorsey & Harlan is not liable for the consequences of such errors and is not obligated to fulfill an order based on an incorrectly listed price.

Article 10 – Compliance and Warranty

Dorsey & Harlan guarantees that the products and/or services offered comply with the contract, the description provided in the offer, reasonable quality and usability standards, and all applicable legal and regulatory requirements in force at the time of contract conclusion. If explicitly agreed, Dorsey & Harlan also guarantees that the product is suitable for a use beyond standard use.

Any warranty offered by Dorsey & Harlan, the manufacturer, or the importer does not affect the statutory rights of the consumer under the agreement.

Any defects or incorrectly delivered products must be reported to Dorsey & Harlan in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The warranty period provided by Dorsey & Harlan corresponds to the warranty period offered by the manufacturer. However, Dorsey & Harlan is not responsible for ensuring that the product meets the specific individual needs of the consumer, nor for any advice given regarding its use or application.

The warranty does not apply if the consumer has attempted to repair or alter the product themselves or through a third party, if the product has been exposed to abnormal conditions or used in a manner contrary to the provided instructions or packaging, or if the defect is the result of regulations imposed by authorities regarding the materials used or their characteristics.

Article 11 – Delivery and Execution of the Order

Dorsey & Harlan will exercise the highest possible care when receiving and fulfilling orders for products.

Subject to the provisions in Article 4 of these terms and conditions, Dorsey & Harlan will process accepted orders without undue delay, and in any case within 30 days, unless a longer delivery period has been explicitly agreed with the consumer.

If delivery is delayed, or if the order cannot be fulfilled in whole or in part, the consumer will be informed no later than 30 days after placing the order. In such a case, the consumer has the right to cancel the contract at no cost and is entitled to a full refund.

If the contract is terminated under these circumstances, Dorsey & Harlan will reimburse all payments made by the consumer as soon as possible, and no later than 14 days from the date of cancellation.

If delivery of the ordered product is not possible, Dorsey & Harlan will make every reasonable effort to offer a replacement item. The consumer will be clearly and understandably informed, at the latest upon delivery, that the product being supplied is a replacement. In the case of replacement products, the right of withdrawal remains fully applicable. The cost of returning such replacement items will be borne by Dorsey & Harlan.

The risk of damage to or loss of the products passes to the consumer at the time of delivery to the consumer or to a representative designated by the consumer, unless otherwise expressly agreed.

Article 12 – Long-Term Contracts: Duration, Termination, and Extension

Termination
The consumer may terminate a contract concluded for an indefinite period that involves the regular delivery of products or services, at any time, subject to the agreed notice period, which may not exceed one month.

The consumer may also terminate a fixed-term contract involving the regular supply of products or services at the end of the agreed duration, again subject to a notice period of no more than one month.

The consumer is entitled to terminate the above contracts:

at any time, without restriction to a specific date or period,

in the same way the contract was originally entered into,

with the same notice period that Dorsey & Harlan reserves for itself.

Extension
A contract concluded for a fixed period for the regular supply of products or services may not be automatically renewed or extended.

By way of exception, fixed-term contracts for the regular delivery of daily newspapers, newspapers, or magazines may be automatically extended for up to three months, provided that the consumer can cancel the extended contract with a notice period of no more than one month.

A fixed-term contract for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer has the right to cancel at any time with no more than one month's notice. In the case of deliveries of newspapers or magazines that occur less than once a month, the notice period may not exceed three months.

Trial or promotional subscriptions for the delivery of newspapers or magazines are not automatically renewed and end automatically at the conclusion of the trial period.

Duration
If a contract has a duration longer than one year, the consumer may cancel the agreement at any time after one year has passed, with a notice period of no more than one month, unless the principles of fairness and equity oppose early termination before the agreed contract period ends.

Article 13 – Payment

Unless otherwise agreed, all payments due from the consumer must be made within 7 business days from the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of a service contract, this period begins upon the consumer’s receipt of confirmation of the contract's conclusion.

The consumer is obligated to promptly notify Dorsey & Harlan of any errors or irregularities in the provided or stored payment information.

In the event of late payment, and subject to applicable legal provisions, Dorsey & Harlan reserves the right to charge the consumer predetermined and justified debt recovery costs.

Article 14 – Complaints Procedure

Complaints regarding the performance of the contract must be submitted to Dorsey & Harlan in a complete, clear, and understandable manner within 7 days of the consumer discovering the issue.

Complaints submitted will be reviewed within 14 days of receipt. If a complaint requires more time for proper assessment, Dorsey & Harlan will notify the consumer within the initial 14-day period and provide an estimated date for a full response.

If a complaint cannot be resolved by mutual agreement, the issue will be considered a dispute and will be handled in accordance with the dispute resolution process outlined in Article 15.

Submitting a complaint does not release the consumer from their contractual obligations, unless Dorsey & Harlan explicitly agrees otherwise in writing.

If the complaint is found to be valid, Dorsey & Harlan will, at its discretion, either replace the defective product free of charge or carry out the necessary repairs.

Article 15 – Disputes

Contracts entered into between Dorsey & Harlan and the consumer are governed by the laws of the United States.

However, if the consumer resides outside the United States, any mandatory provisions of consumer protection law applicable in the consumer’s country of residence (such as within the European Union) will remain in force to the extent required by law.