HARPER’s TERMS AND CONDITIONS
Read these terms carefully before browsing this website. Using this website indicates that you have both read and accept these terms. You cannot use this website if you do not accept these terms. By agreeing to these Terms and/or agreeing to purchase Products from us in accordance with these Terms, you represent that you are at least 18 years of age, or if you are not 18 years of age that you are using Our website and/or purchasing the Products as necessities to maintain your lifestyle.
Note: These terms contain a dispute resolution and arbitration provision, including class action waiver that affects your rights under these terms and with respect to disputes you may have with the company. You may opt out of the binding individual arbitration and class action waiver as provided below.
Effective Date: June 28, 2021
Terms of service
i. We collect your information in the following circumstances:
We collect your personal information while you-Registering an account, Purchasing a Harper Product, Making a payment, Submitting information to us, Taking a survey, Information you provide about a third party. We do not share or disclose your personal information. We use your information to continue developing excellent products to help you sleep better and to optimize your experience with relevant offers and promotions. to analyse interactions with and performance of our Products; we use your information to debug and identify errors that impair functionality; to detect security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity; for research related to technological development and demonstration; to improve or enhance our Products or website. With your permission we may send you emails about our store, new products and other updates.
iii. Links from the website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.
iv. Linking to the website and social media features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. The Website may provide certain social media features that enable you to:
-Link from your own or certain third-party websites to certain content on the Website
-Send e-mails or other communications with certain content or links to specific content on the Website
-Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites
-You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
-Establish a link from any website that is not owned by you
-Cause the Website or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site
-Link to any part of the Website other than the homepage
-Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of this Policy
Your personal information may be disclosed by us, if we are required by law to do so or if you violate our Terms of Service.
vi. Third sites Party
Harper products may contain links to other websites and other websites may reference or link to harpermattresses.com or our other Products. These other domains and websites are not controlled by us. We recommend our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen, or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
vii. Security of your information
viii. Age of Consent
We do not knowingly collect, maintain, or use personal information from children under 16 years of age, and our Products are not directed to children under the age of 16. By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Returns & Refunds Policy
Within 100 days of purchase if for whatever reason you are not completely satisfied with your Products please let us know and, we'll arrange for your Products to be picked up.
East Malaysia & Other states in West Malaysia
For customers in East Malaysia or other states in West Malaysia,you must arrange and incur all expenses in the cost of return to one of Harper’s listed warehouses.
Within 5-7 working days of receipt of the Products at one of our warehouses or associated charities, Your total payment for your Products to Harper will be refunded to You via the method of payment made during checkout.
i. Only paying customers are eligible for returns of HARPER Products. Proof of purchase is required to be presented upon return request.
ii. There is a minimum 45-days product usage before a return can be initiated.
iii. The 100-night trial is limited to one product type (eg. 1 unit of Mattress, 1 unit of Pillow) per household at any time. and cannot be used to exchange for colour, mattresses size & different model and product. The 100 days count will start from the shipping date.
iv. Products that are stained or damaged to the extent that we or our charity partners (who receive the returned Products) refuse it, will not be eligible for a return or refund.
vi. The returned Product must be packed securely using the original plastic, packaging or alike to prevent dirt and/or damage during transportation. Failure to do so will result in a 20-50% refund reduction should the Product be damaged during transport.
vii. The charitability of the returned Product is subject to our discretion. We reserve the right to refuse a full refund should we find the Product, by our means, in an uncharitable condition.
viii. If the products are used for purposes other than its intended purpose, the products will not be eligible for a return. Purchasing the HARPER Product for reasons including, but not limited to the activities below, will void your return eligibility: i. Photoshoots ii. Reselling iii. Display for showrooms In all matters relating to the determination of reasons other than its intended purpose, the decisions of HARPER will be final.
Harper’s shipping policy
Harper will deliver the products shown based on your confirmation. We will deliver our products to your designated address as long as that delivery address is compliant with the delivery restrictions contained on this website, when an order is placed. Upon your order being ready for delivery, Harper may Email or WhatsApp to you a tracking number. We will use our reasonable endeavours to meet our stated time frames for delivery. However, many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met. We reserve the right to amend our stated time frames without notice to You. We are not responsible for wrong or undeliverable addresses.
You agree to accept a product when you have already purchased a product. You must advise us before delivery is attempted if you are not able to receive the product. The delivery team will wait for a maximum of 30 minutes upon reaching the delivery location within the delivery timeframe. After 30 minutes, the delivery will be marked as a failed delivery attempt.
Any and all failed delivery attempts made by the delivery team on our delivery schedule will be charged to the purchaser at full price. We will make reasonable attempts to contact you before delivery to ensure you are able to accept the Product. If the delivery day falls on Public Holidays, Saturday or Sunday, delivery will be on the next working day. All products are delivered by courier service. Store pick up is not available. All transit times are subject to courier transport conditions and volume of parcels traffic. If we are unable to meet the estimated delivery date, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of the late delivery. In case the courier service returned the product due to the wrong address, we will contact the buyer immediately through phone or email. Shipping fees are payable by buyer for re-delivery. The order is considered complete if there is no reply at all for 7 days. After 7 days, re-delivery is applicable depending on stock availability or refund will be issued should stock went out.
Title and risk
We retain ownership of Products until payment is received in full for those Products. Risk (including without limitation risk of loss or damage) and title for products purchased from this Website pass to you upon delivery of the items to You.
Effective Date: June 26, 2020
Accessing the website
You are responsible for making all arrangements necessary for you to have access to the Website. We reserve the right to withdraw or amend the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
Your Obligations and Representations
(a) You may use the Website only for lawful purposes and in accordance with this Policy.
(b) You promise that: (i) you are of legal age to form a binding contract with the Company; (ii) you will not use the Website in any way that violates any applicable local or international law or regulation; (iii) you will not send, knowingly receive, upload, download, use or re-use any material which does not comply with the ‘Content Standards’ (defined below); (iv) you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; (v) you will not do anything that could disable, overburden, damage, or impair the Website or interfere with any person’s use of the Website; (vi) you will not use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (vii) you will not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; and (viii) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the Company.
(a) We may from time-to-time provide interactive services such as ‘share’ features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in this Policy.
(b) Any User Contribution that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. By providing a User Contribution, you grant the Company and its successors the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You promise that you own or control all rights in and to the User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against the Company for infringement of any proprietary right with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Contributions, including but not limited to, the right to be attributed as the author of the User Contributions.
(c) If you provide a User Contribution to be transmitted to other users of the Website or any third parties, you accept that your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website or any third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
(d) User Contributions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Errors, inaccuracies and omissions
In the site there might be a Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are under no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Disclaimer of warranties; limitations of liability
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, the existence of any latent or patent defects, viruses, or the accuracy or freedom from error, of the data or the program used by or to you by licenser or others, in connection with the System or Service(s) provided to you. We make no warrant that the results will be accurate or reliable from the use of our service. From time to time you agree that, without notice to you, we are able to remove the service for indefinite periods of time or cancel the service at any time. Advice, opinions, statements, articles or other information of any reliance that will be at our own risk.
We reserve the right to correct any errors or omissions in any portion of this Website. You understand and agree that except as Harper will not be held responsible for inaccuracies or errors caused by incorrect information supplied to Us or by manufacturers or suppliers changing product specifications without notice to Us.
You agree to make Your own enquiries to verify information provided and to assess the suitability of products before You order Products.Unless we are not permitted to do so by law, Harper excludes all liability to You or any other person for loss or damage of any kind or nature relating in any way to the Website, including without limitation loss or damage You or any other person might suffer as a result of: (a) errors, mistakes or inaccuracies on the Website; (b) acting or not acting on any information contained or referred to on the Website and/or any linked website; (c) personal injury or property damage of any nature resulting from Your access to or use of the Website; (d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers; (e) any interruption or cessation of transmission to or from the Website; (f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or (g) the quality of any product or service of any linked website.
Except as required by law, in no event shall We or any of our employees, directors, officers, agents, affiliates, related entities, vendors or suppliers be liable to You or any other person for any loss or any special, incidental, indirect or consequential damages arising out of or in connection with Our Website, the use or inability to use Our Website or the Contents, or these Terms (however arising, including negligence), including without limitation damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results or computer failure or malfunction, even if Harper has been advised of or should have known of the possibility of such damages.
Intellectual property rights
(i) The Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use the Website for your non-commercial use only. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Company.
(ii) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.
(iii) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
(iv) The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
(v) You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by HARPER or its licensors. HARPER, HARPER MATTRESS, AIRMEXX, are all trademarks belonging to HARPER. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of HARPER.