GENERAL TERMS AND CONDITIONS

Last updated

Thursday, December 12, 2024

GENERAL TERMS AND CONDITIONS OF USE

2.1. All content and materials on the Website (including but not limited to drawings, designs, illustrations, photographs, sound tracks, written text, applications, domain names, logos, trademarks, and all other intellectual property of any nature whatsoever) are the sole and exclusive property of HERMÈS. You may not reproduce, by any means or process, in full or in part, including but not limited to reproduce, remake, relist, distribute, publish, transmit, create derivative works based on, modify or sell any such content or materials contained on the Website. The aforementioned prohibition also includes the linkage under any framework of any content of the Website with other websites, or any other unauthorized link. It is forbidden to use any content and materials of the Website without obtaining the prior written consent of HERMÈS China.

The “HERMÈS” trademark demonstrated on this Website, the trademark image of a horse and carriage and all other HERMÈS related marks, names and logos, as well as the domain name of this Website and all copyrights related to all content and materials on the Website, whether registered or not, are and will remain the exclusive property of HERMÈS. Any reproduction, distribution, transmission, modification or use of these aforementioned trademarks, logos, copyrights, domain names or any other relevant rights for any purpose whatsoever without prior, express agreement of HERMÈS is prohibited.

You may not remove any copyright, trademark or other proprietary notice contained on the Website or any content contained therein.

2.2. HERMÈS remains the owner of all the rights and interests of the products and its relevant creations, contents and applications displayed on the Website.
The Terms and Conditions of Use and General Terms and Conditions of Sale do not grant you or any other person any entitlements of the intellectual property rights and rights and interests related to its legal right held by HERMÈS.

These intellectual property rights prohibit, inter alias, the affixing of the HERMÈS trademarks and/or its logos, or the insertion of photos of the products or their packaging in any material (including brochures, posters, catalogues, correspondence, press articles, audiovisual works, internet sites, intranet sites, etc.) without express prior written approval from HERMÈS. You agree to refrain from fabricating and/or arranging for the fabrication of, for itself or on behalf of third parties, products that are identical to, or similar to or constituting imitations of the products displayed on the Website or derivative products or by any means having such products fabricated within the meaning of applicable intellectual property laws and regulations.

GENERAL TERMS AND CONDITIONS OF SALE

In addition to the General Conditions of Use of the Website and the Privacy Policy, the purchase of products (the “Product(s)”) offered for sale on this Website (the “Website”) is subject to these legally binding General Terms and Conditions of Sale (hereinafter collectively referred to as “Terms and Conditions of Sale”).

The Terms and Conditions of Use and General Terms and Conditions of Sale are available in the “Legal Terms” of the footer of the Website

Your purchase and order of Products on this Website constitutes your agreement with HERMÈS (CHINA) CO. LTD (“HERMÈS China”), a company registered in China with the address at Room 130, No. 1266, West Nanjing Road, Shanghai, P.R.China, to agree to accept and comply with the Terms and Conditions of Sale.

The Products are intended to be sold to final consumers only for their personal use, excluding all resellers or intermediaries acting on behalf of the resellers. Therefore, you agree and guarantee that you act as a final consumer and that you do not intend to resell Hermès Products purchased through the Website for commercial purposes whether directly or indirectly ( the " User's Personal Consumption Guarantee ").

HERMÈS China may update these Terms and Conditions of Sale at any time without prior notice by posting them on this Website. You can view the most current version of the Terms and Conditions of Sale at any time by clicking on the hyperlink labeled Legal Terms of the footer of the Website. By continuing to use (including accessing, browsing, and/or using any interactive features) the Website, the User agrees to the Terms and Conditions of Sale and any updates thereof, or otherwise the User shall stop using the Website immediately neither make any purchase on the Website.

For each order you place on the Website, your agreement of the Terms and Conditions of Sale in force and trading rules as of the date of your order is required. The Terms and Conditions of Sale and trading rules in effect at the time of your order will govern that transaction.

2.1 Customer Account

You are required to create an account or log in to your existing account in order to place your order on the Website. The Privacy Policy, incorporated by reference in these Terms and Conditions of Sale, sets out how the personal information you provide will be processed.

Your user name and password are for your personal use only. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
In no event shall HERMÈS China be liable for any loss, theft or fraudulent use of your account. In such a case, you should inform HERMÈS China immediately.
Creating an account mainly allows you to:
-   Access your shopping cart
-   Access all your orders and download the related sales memo
-   Manage your address book to order faster
-   Check, correct and delete your information

If you need to cancel your account, you may contact HERMÈS China official WeChat service account or at the telephone number 4000906610 (“Customer Service”) during the office hours from 10am to 10 pm of Beijing time every day from Monday to Sunday, our Customer Service will help to cancel your account follow your instruction.

If any personal information provided by the User is untrue, inaccurate, incomplete or prejudicial to the interests of any other third-party, the User shall be liable for any liabilities thereby incurred; and if as the consequence HERMÈS China has suffered losses, HERMÈS China shall have rights to claim compensation from the User.

2.2 Placing an Order

You may place your order via the Website. In order to manage the stock of certain types of rare Products to allow a fair allocation of the Products we sell, some Products on this Website will be restricted to purchase, which means that for some Products, one account can only be purchased once, and each purchase is limited to one piece, which cannot be purchased repeatedly. For specific restricted Products, please refer to the product page description. The delivery zone for Products ordered via the Website is restricted to P.R.China, excluding Hong Kong, Macau, and Taiwan (the “Delivery Zone”) (see "Shipping and Delivery"). The Delivery Zone indicated on this Website is for the purpose of demonstration of the scope of the delivery service only, without any other geographical meanings.

For each Product selected on the Website, a summary page will be displayed featuring a photograph of the item, its coloring and references, the quantity selected, its unit price and the total amount owed for your order.

You should check that this information accurately reflects your selection before confirming your order.

Upon confirmation, your order will be submitted to HERMÈS China for processing (see “Order Confirmation”). While every effort is taken to try to ensure that the coloring, design and style of the HERMÈS China Products in the photographs displayed on the Website are representative of the original Products, variations may occur due to technical restrictions of color reproduction on your computer or mobile device. HERMÈS China shall not take any responsibility for such variations between the HERMÈS China Products in the photographs displayed on the Website and the original Products.

If it is already indicated on Website that there is a possibility of shortage for certain Product and the User has already confirmed, HERMÈS China reserves the right to delay the delivery (up to 12 months) or cancel the order if the Product is actually out of stock. In such case, HERMÈS China will contact the User as soon as possible about the shortage. The User agrees to communicate with HERMÈS China about other viable alternatives. the User agrees to waive any claim for breach of contract or liability for delayed delivery, where there is a reasonable alternative.

If you have any questions about the Products, you may contact HERMÈS China official WeChat service account or at the telephone number 4000906610 (“Customer Service”) during the office hours from 10am to 10pm of Beijing time every day from Monday to Sunday.

To settle the dispute and clarify the facts, HERMÈS China reserves the right to delay the delivery until the relevant dispute been settled or, subject to the requirement of law and regulation, cancel any Order Confirmation by a customer with whom it has a dispute concerning a prior order, or if HERMÈS China has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale, or is engaged in any fraudulent activity or for any other illegitimate business reason.

For any exceptional order, the User should contact Hermès Customer Service as soon as possible within a reasonable time and provide Hermes China with necessary information and assistance in resolving such abnormality.

2.3 Personalization

Personalization refers to the possibility for the Customer to customize or personalize certain Products identified as personalizable on the Website (hereinafter the "Personalization" or the "Personalized Product").
Personalization can only be requested when you place your order online and cannot be modified or cancelled once your order has been validated. It is therefore your responsibility to verify the desired personalization of the Product before validating your order. Hermès cannot be held responsible for any errors made by you, particularly with regard to the text you wish to add.
The content of the personalization is entirely your responsibility, and you guarantee that the personalization of the Products, in accordance with your request, does not infringe the rights of third parties, in particular their intellectual property rights, is not inappropriate, offensive, or contrary to good morals or incompatible with the image of Hermès and does not breach any applicable law or regulation. If this is not the case, Hermès reserves the right not to fulfil your request for personalization, without this affecting your order. You will not be entitled to make any claims against Hermès pursuant to this article.
As the personalization offered by us is secondary to the product, you may not claim any copyright on the personalization requested, nor any exclusivity on this combination.
Hermès reserves the right to temporarily suspend online personalization services during peak periods or in the event of technical problems, without affecting orders in progress.

6.1 Payment

All prices of HERMÈS Products are indicated in RMB on this Website.

HERMÈS China reserves the right to modify the prices of Products offered on the Website at any time without prior notice. You will be charged the prices displayed on the Website at the time your Order Confirmation provided the Product ordered is available. HERMÈS China reserves the right to reject your Order Confirmation or cancel the purchase contract if the Products are not available or in other special cases and will not assume any responsibility towards you.

Payment is due maximum within 30 minutes upon the click of “Confirm and Pay” button, otherwise such intention to submit the order will be cancelled automatically. You can complete the payment on the Website through the payment methods accepted as displayed on the Website. Store credits and/or deposit note issued by HERMÈS China boutiques are not accepted for payment on the Website.

All orders are payable in RMB. Your order will only be shipped once HERMÈS China has verified receipt of your payment

6.2 Cancellation

6.2.1 Unless otherwise regulated by law or under special condition of Terms and Condition of Sale, once the Order Confirmation been placed, the User shall not be able to change or cancel the order. In case the User has the right to cancel the order, if the User has already made the payment, HERMÈS China will return all payment received to the original payment account.
Above clauses shall not restrict the return and exchange rights in Clause 11 of Terms and Conditions of Sale.

6.2.2 Once the Order Confirmation of the tailor made Products been placed, it is irrevocable or unchangeable. Tailor made Products refer to those Products designed or produced according to the individual needs provided by the User.

6.2.3 HERMÈS China reserves the right to cancel your order without any liability or compensation under the following circumstances; If you have already made the payment, HERMÈS China will return the relevant payment to you through the original payment method:
* By mutual agreement between HERMÈS China and the User;
* The User fails to complete the payment within 30 minutes after placing the order;
* The shipping address, order information provided by User is not accurate, not match or wrong and HERMÈS China or the third-party service provider was unable to, within three (3) days from the First Delivery Date (“First Delivery Date”), contact the User and correct the situation (provided that the User has provided the correct contact information to HERMÈS China, HERMÈS China will try to contact the User to complete or correct the shipping address and information or cancel the order, if HERMÈS China can't get in touch with the User, HERMÈS China shall have the right to cancel the order first);
* HERMÈS China, with all its reasonable endeavors, was unable to deliver the products to the User’s provided shipping address within ten (10) days from the First Delivery Date, or the delivery date specified by the User is over ten (10) days from the First Delivery Date;
* The User violates User's Personal Consumption Guarantee;
* The User destroys or disturb the operation order of the Website and system security during the process of Products purchase;
* The User adopts any act of fraud or any infringement of the other user's legitimate rights and interests during the process of Products purchase;
* The product information displayed on the Website is obviously wrong and unfair or there are other major misunderstandings;
* Failure to fulfill the order or deliver the Products due to force majeure or other circumstances beyond HERMÈS China' control;
* HERMÈS China reasonably determines that any act that violates or evades this Terms and Condition of Sale, other relevant terms, conditions, policies or rules of the Website or any other violation of the principles of fairness and good faith;
* Other circumstances that allow HERMÈS China to cancel the order in accordance with other law and regulation or this Terms and Condition of Sale.
The violation of the User's Personal Consumption Guarantee mentioned in this clause generally means that the quantity of Products ordered by the User exceeds the normal consumption demand for personal use, and/or the payment method, the arrangement of Products receipt etc. differs from the usual ways of personal consumption; It may include but not limited to one or more of the following circumstances:
1）Several different accounts with identical (including duplicate, adjacent, fictitious) shipping addresses without reasonable reason;
2）Several different accounts with the same receiving contact number, or payment account number, or the same recipient, or the same order IP address without reasonable reason.
The behaviors or ways mentioned in this clause that disrupt or disturb the operation order and system security of this Website generally include but are not limited to using brush single software or other similar tools, repeatedly placing orders or snapping up Products, or disrupting the system, network attacks, or registering in bulk, registering accounts with machines, simulating clients with machines, etc.

6.3.1 Invoice

According to the requirements of the State Administration of Taxation, taxpayers in general retail commercial enterprises of tobacco, alcohol, food, clothing, shoes and hats (not including special labor protection), consumer goods, cosmetics may not issue VAT special invoices. Currently, HERMÈS China will issue VAT electronic invoice for Users; if Users need any paper invoice, you can contact Customer Service for further help.

If you would like to receive an invoice for the Product purchased, you need to fill in the invoice information form on the Website (Company or Individual) and the tax number of the Company. The User can also log in to your existing account to fill in the invoice title within 30 days upon the shipment of the relevant order. The invoice will record the product content of the Products actually purchased and the amount actually paid of your order.

HERMÈS China will send a SMS message to the mobile number registered under your account after the shipment of relevant order, Users can download the relevant electrical invoice within 30 days after receiving the SMS message. You should check carefully before download the electronic invoice and once you click on “Confirm and download”, you confirm due receipt of correct invoice. If the Users fails to log in the account and download the relevant electronic invoice within 30 days after the delivery of the relevant order, the Users will not be able to download the electronic invoice by yourself through the account. If the Users need the relevant invoice at that time, the Users can contact Customer Service for further help.

Once invoice is download by you, HERMÈS China will no longer be able to answer to your request for reissuing the invoice in any circumstances, except only that, if you would like to revise the invoice title, you can contact Customer Service within 30 days after the shipment of relevant order, and HERMÈS China will issue the new paper invoice as per required by Users and deliver to the address designated by Users. The relevant electronic invoices will automatically become invalid. You should check carefully before signing off on the delivery note. Since by signing of delivery note, you confirm due receipt of correct invoice

The electronic invoice will automatically become invalid if the order is returned. If only part of the Products returned under an order result in the invalidity of the corresponding electronic invoice, the Users may download the updated electronic invoice in your account.

7.1 Shipping to the Address Designated by the User

Unless otherwise provided in these Terms and Conditions of Sale or applicable law, HERMÈS China will deliver the Products to the address designated by the User in the Order Confirmation after the order take effect and deliverable. provided such address(es) is (are) located within the Delivery Zone. Any delivery address located outside of the Delivery Zone will be refused during the ordering procedure.
Products purchased via the Website may only be delivered to a physical street address within the Delivery Zone.

HERMÈS China will not process any order which is sent to a post office box or Freight Forwarder address.

7.2 Collection in Hermes Stores

For certain Products on the Website, you may choose to collect the Products you have ordered on the Website from a selected store. This collection in Hermes store service is free of extra charge. When you order certain Products on Website, if the Website provides collection in Hermes store option for you and you have chosen to collect in the specific Hermes store you selected, then when your order takes effect and the relevant Products have been delivered to your selected Hermes store, we will send a SMS message to the mobile number registered under your account noticing the status of your order. You shall go to the selected Hermes store to collect the Products you ordered within 10 days after received the SMS notice in accordance with the requirements listed in the SMS notice and the Terms and Conditions of Sale. If you fail to collect Products you ordered within 10 days after received the SMS notice in accordance with the requirements listed in the SMS notice and the Terms and Conditions of Sale, your order will be cancelled automatically and the Products you ordered will be return to HERMÈS China and HERMÈS China will return all payment received in regard to the cancelled order to the original payment account.

For the sake of transaction security, if you will choose to purchase online and collect the Products in Hermes store, please use the real name consistent with your name of ID card/passport as the user name of the Website. When you collect the Products in Hermes store, you will need to show your original ID card/passport to the store staff for on-site verification. HERMÈS China reserves the right to refuse to deliver the Products or cancel the order if the ID card/passport name shown by you is inconsistent with the username of the order placed on this Website.

11.1 General Principles of Returns and/or Exchanges

11.1.1 In case of refund, the User shall, in accordance with the following provisions (please refer to Article 11.1, Article 11.2 and Article 11.3), no later than seven (7) Calendar days after the next date of receipt by the User, return the Products and their accessories or fittings, original packaging, original documents, invoices and all gifts (if any) to the address designated by Hermès China.

11.1.2 The Website does not provide exchange service online but you may exchange in HERMÈS China boutiques located in P.R.China (excluding Hong Kong, Tai Wan and Macau, and Beijing SKP boutiques, and the airport travel stores under the name of HERMÈS) within thirty (30) calendar days after receiving the Product purchased, subject to terms and limitations set out below (see articles 11.1.3, and 11.1.4).:

11.1.3 Returned and/or exchanged Products must not have been used, neither in worn, altered, washed, stained or damaged conditions. The returned Products should be in their original condition and packing (all original packaging intact, including the orange box, packaging materials such as anti-dust bags and boxes, accessories, labels, trade mark signs, certifications, NFC tag etc), with all labels and/or signs intact and sealed if applicable.

In addition to the general principles, the following specific conditions apply to return and/or exchange of Products such as beauty makeup, soap, perfume, lotion, shower gel, shampoo and horse soap etc: The Products must be unopened and returned in its original packaging with the transparent sealing film and NFC Tag intact due to hygiene and quality concerns. If the transparent sealing film and/or NFC Tag has been opened or removed or damaged, the item will not be accepted for return and/or exchange.

In addition to the general principles, the following specific conditions apply to returns and/or exchange of Products such as underwear, socks, etc.: The Products must be returned in its original packaging and NFC Tag intact and unopened due to hygiene and quality concerns. If the package or NFC Tag has been opened or removed, the item will not be accepted for return and/or exchange.
In addition to the general principles ,the following specific conditions apply to return and/or exchange of the Apple Watch Hermes and Apple Airtag Hermes (including the Apple Airtag and the corresponding

Hermes leather accessories as a product as a whole): The Apple Watch Hermès and/or Apple AirTag Hermes must be returned in its original packaging without packaged being opened and/or NFC Tag been removed, and the battery activation protection, if any, must not have been removed and cannot have already been paired or activated. Further the serial number on the Apple Watch Hermès and/or apple AirTag

Hermes being returned must match the serial number on the original receipt.

Products returned due to quality defects shall be handled in accordance with relevant laws and regulations.

11.1.4 Limitations to exchanges and/or refunds:

Subject to the conditions below, one Product can only be returned or exchanged once:

1) We do not currently exchange or allow refunds for Product purchased in HERMÈS China boutiques via the Website.

2) A Product ordered on the Website that has been personalized cannot be returned for exchange or refund unless otherwise required due to quality defects.

3) You may exchange an item for another item of equal or greater value only, in case that the item to be exchanged is of higher value you should also pay the difference in price.

Gold, silver, white gold and/or platinum jewelries, watches or perfumes are not accepted for exchange, unless otherwise required due to quality defects.

You may exchange an item for another item of equal or greater value only, in case that the item to be exchanged is of higher value you should also pay the difference in price.
To exchange for bags and/or small leather goods, the original Product purchased need to be in the same category of bags and/or small leather goods.

11.2 Procedures for returns

11.2.1 In following cases, HERMÈS China will bear the shipping cost of Product return:
1) the User chooses to use the pick-up service provided by HERMÈS China (as defined below); and
2) the returned Products shall not include bags, furniture Products, the bikes, and/or the lighting Products.

11.2.2 For the return of bags, furniture Products, the bikes, and/or the lighting Products, the User shall bear the shipping cost for the return of such Products. For such Products, on the premise that the User will pay the shipping cost, the User can also choose the pick-up service provided by HERMÈS China, provided that HERMÈS China will only responsible for appointing relevant carrier to pick up the Product and the User need to confirm with the carrier and pay the corresponding shipping cost and other fees (if any) and bear the corresponding transportation risk.

11.2.3 The User can also decide not use the pick-up service provided by HERMÈS China for the return of the Product and choose to make your own arrangements for return, in this case, no matter the User is unable or unwilling to use the pick-up service provided by HERMÈS China, the User should bear the transportation risk of the Product on the way of returning, as well as the shipping cost and other expenses (if any) related to the return of the Product.

11.2.4 The pick-up service provided by HERMÈS China shall refer to the pick up service provided by the appointed carrier of HERMÈS China for the returned Products. Once it is confirmed a return is needed, You may choose to call or contact Customer Service, and then follow the steps introduced by Customer Service. You will then check on the prima facie condition of the Product to be returned with the help of Customer Service , and if it appears to be in compliance with the terms and conditions applicable for return hereof, Customer Service will contact the User to confirm the way of return, if You choose the pick-up service provided by HERMÈS China, you may put the Products, together with other items to return as provided by Art 11.1.1, in the original packaging, before handing over the return package to the courier which assigned by Customer Service at the appointment time.

If you are unable or unwilling to use the pick-up service provided by HERMÈS China, after the User confirmed the return address with Customer Service, you may put the Products, together with other items to return as provided by Art 11.1.1, in the original packaging, and arrange the shipping by yourself.

In case of Art 11.2.2 and 11.2.3, please insure your Product for the full retail value of the Product. HERMÈS China will not be responsible or liable if any Product you return to the Website is lost, misdirected or delivered late during the transportation insofar as you have to bear the risks of the shipping you have chosen.

11.2.5 For the avoidance of doubt, the confirmation of Customer Service that the Product can be returned to Website does not mean that the Product meets the return condition. No matter how the Product is returned by the User, HERMÈS China shall not accept the return of Products unless the Products received by HERMÈS China meet the requirements as provided in Article 11.1.1.

11.3. Refunds

If a refund is accepted, HERMÈS China will use commercially reasonable efforts to ensure that any refund operation will be made within seven (7) working days of receipt of the Product and invoice(if any)returned which is acceptable in accordance with this Terms and Conditions of Sale, crediting the same payment account used for purchase of the relevant Products. Under no circumstances will you be granted any credit notes.

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