General Terms and Conditions

General Terms and Conditions of Use for the VuPhuong Shop Website

“The Privacy Policy governs the processing of any personal information that you provide to HERMÈS on this Website. “

“HERMÈS may update the Privacy Policy at any time without notice by posting such updates on this Website. “

“You will find the complete text of the Privacy Policy on the hyperlink labeled “Privacy and Cookies” in the “Legal” section of the footer of the Website.”

“Please read carefully our Privacy Policy which governs the processing of your personal information.”

“The Website is intended only for use by individuals 13 years of age and older. “

All content and materials on the Website (drawings, designs, illustrations, photographs, sound tracks, written text, 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, distribute, publish, transmit, create derivative works based on, modify or sell any such content or materials contained on the Website.

The “HERMÈS” trademark, the trademark image of a horse and carriage and all other HERMÈS related marks, names and logos, whether or not registered, displayed on the Hermes.com website, as well as the domain name “Hermes.com,” are and will remain the exclusive property of HERMÈS.  Any reproduction, distribution, transmission, modification or use of these trademarks 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.

HERMÈS remains the owner of the creations relating to the products displayed on the Website.

The Terms and conditions of Use and Terms and Conditions of Sale do not grant you or any other person any entitlements of any kind to the intellectual property rights held by HERMÈS or any Hermès group companies.

These intellectual property rights prohibit,  inter  alias,  the  affixing  of  the  Hermès group 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, and/or similar to, and/or constituting imitations of the products displayed on the Website or derivative products within the meaning of federal and state intellectual property laws and regulations.

The Website may contain links to third party websites not under the operation or control of HERMÈS. Such links are provided as a convenience only and cannot, and should not be interpreted as an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the Website if expressly authorized in advance in writing by HERMÈS.

Use of and browsing in the Website are at your own risk.  HERMÈS does not guarantee or represent that:

-the Website is free from viruses, worms, trojan horses or other destructive material;
-the information contained on the Website is accurate, complete or up to date.

The Website may contain technical inaccuracies or other defects; HERMÈS does not guarantee that any such defects will be corrected. The Website and its contents are provided on an “as is” and “as available” basis.  HERMÈS expressly disclaims all warranties of any kind, whether express or implied, to the fullest extent permitted by applicable law.

The application and enforcement of these Terms and Conditions of Use, the General Terms and Conditions of Sale, and any Specific Terms and Conditions of Sale that may be applicable, shall each be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws.  In the event of a dispute, the Federal and State courts of the State of New York, County of New York, shall have exclusive jurisdiction over any such dispute and you hereby agree to submit to the exclusive jurisdiction of such court to the fullest extent permitted by applicable law.  HERMÈS shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder.

The failure of HERMES to enforce any part of these Terms and Conditions of Use, General Terms and Conditions of Sale or any Specific Terms and Conditions of Sale that may be applicable to your order, shall not constitute a waiver of any of HERMÈS’ rights hereunder for past or future acts.

If any provision of these Terms and Conditions of Use, General Terms and Conditions of Sale or any Specific Terms and Conditions of Sale that may be applicable to your order, are determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

 

General Terms and Conditions of Sale

You may print the full text of the General Terms and Conditions of Sale and the Specific Terms and Conditions of Sale by clicking on the following link

In addition to the General Conditions of Use of the Website and the Privacy Policy, the purchase of products offered for sale on the Hermes.com website (“Website”) is subject to these legally binding General Terms and Conditions of Sale and, where applicable, to the Specific Terms and Conditions of Sale (collectively, “Terms and Conditions of Sale“). 

All these documents are available in the “Legal” section of the footer of the Website

Your purchase and order of products on this Website constitutes your agreement with HERMÈS OF PARIS, Inc. (“HERMÈS”) to comply with and be bound by the Terms and Conditions of Sale.   
 

All orders may only be placed on the Website by customers purchasing product not intended for resale.  Any resale of Hermès products purchased on the Website is strictly prohibited. Therefore, you declare and guarantee that you act as a final consumer and that you do not intend to resell Hermès products for commercial purposes.

HERMÈS 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 “Terms and Conditions”in the “Legal” section of the footer of the Website.

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

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 be liable for any loss, theft or fraudulent use of your account. In such a case, you should inform HERMÈS immediately.

Creating an account allows you to:

  • – track your deliveries and view your orders history;

  • – return or exchange products;

  • – add or change your shipping and billing addresses for future orders;

  • – manage your subscriptions to the newsletter.

2. Placing an Order

You may place your order via the Website or by telephone by calling 800-441-4488 from Monday to Friday, 9.00 a.m. to 6.00 p.m. Eastern Standard Time (“EST”) and on Saturday from 10.00 a.m. to 6.00 p.m. Eastern Standard Time (“EST”).

The delivery zone for products ordered via the Website and the 800 telephone number referred to above is restricted to the United States of America, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America (the “Delivery Zone”) (see “Shipping and Delivery”).

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 for processing (see “Order Confirmation”).  While every effort is taken to try to ensure that the coloring, design and style of the HERMÈS 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 reserves the right to reject or to cancel your order in its sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described.  Accordingly, HERMÈS shall not be liable for any error or inaccuracy in the photographs or graphical representations of HERMÈS products displayed on the Website. If you have any questions about the products, you may contact Customer Service by clicking on the hyperlink labeled “Contact Us” in the “Services” section of the footer of the Website.

Please note that for customized scarves, embroidery is done by hand and stitching may be irregular.

HERMÈS reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if HERMÈS 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 legitimate business reason.

For any exceptional order, please contact Customer Service by clicking on the hyperlink labeled “Contact Us” in the “Services” section of the footer of the Website or at the 800 telephone number listed above.

Products offered for sale and displayed on the Website are subject to availability. HERMÈS shall not be liable in case of stock outage or unavailability of products.

HERMÈS reserves the right to change the products offered for sale on the Website at any time and without notice.

Details about the availability of products are provided when you place your order.  At times, errors may exist, especially in case of simultaneous orders of the same product by several customers.  In case a product is not available after you have placed your order, we will inform you by email or by telephone as soon as possible.  You will be invited to choose another available product on the Website as substitution for the unavailable product or to cancel your order.   If you cancel your order, you will be refunded if your credit card or debit card has been charged

Customized products cannot be cancelled once the order is placed.

After you click on the “Confirm and Pay” button, your order will be confirmed and submitted for processing. Once submitted for processing you may not make any changes to or cancel the order, except as expressly provided in these Terms and Conditions of Sale or applicable law. The confirmation of your order means your acceptance of the Terms and Conditions of Sale.

You will receive an order summary by e-mail.

HERMÈS reserves the right not to accept or to cancel your order if the products are not available are incorrectly priced or are otherwise incorrectly described.

All prices of HERMÈS products are indicated in US dollars, excluding taxes and shipping costs (see “Shipping and Delivery”).

HERMÈS 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 was confirmed provided the product ordered is available.  HERMÈS reserves the right to reject or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.

Payment is due immediately upon confirmation of your order.  Credit and debit cards are the only methods accepted for payment on the Website Store credits and/or gift certificates issued by HERMÈS boutiques are not accepted for payment on the Website.

All orders are payable in US dollars. We accept the following charge cards and credit cards: MasterCard®, Visa®, Diners Club®/Carte Blanche®, American Express®, and JCB®. Your order will only be shipped once we have verified your payment method and received authorization to process your payment.

The services “3D Secure” and “American Express SafeKey” are implemented on the Website. These services protect credit and debit cards from unauthorized use when shopping on the Website. To use these services, you must register for 3D Secure or American Express SafeKey with the financial institution that issued your card. Once you have registered for 3D Secure or American Express SafeKey, you will be automatically prompted to provide your private password during the checkout process on the Website.

Your debit card or credit card will only be debited when your order is shipped.  You will not be charged for unavailable products in your order.

While you pay your order by credit card, HERMÈS offers you the opportunity to retain your credit or debit card information to ease your future purchases. In this event, the data retention is subjected to the Privacy Policy.

Payment by PayPal®: we also accept payments with PayPal®. When completing your order, you will be automatically redirected to the PayPal®platform in which you will need to log in to your account. If you don’t have a PayPal®account, you will be able to create one. After the validation of your order with PayPal®, you will be redirected to the confirmation page of Hermes.com. Additional delivery time may be required for orders completed using PayPal®. We are unable to accept PayPal®payment for telephone orders and/or exchanges. The payment of an exchange order is subject to the conditions of Article 10.5 below.

1. For deliveries to a physical street address:

Products will be shipped to the delivery address(es) specified during the ordering procedure 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 will not process any order for which a post office box or APO/FPO address is provided.

2. For collection in store:

You may choose to collect your order from a selection of HERMÈS boutiques, free of charge. When placing your order, you will be notified which HERMÈS boutiques are eligible for in-store collection.

You can also designate a third party to retrieve your order on your behalf in select HERMÈS boutiques (see “Delivery Time – Time required for delivery and collection”). 

In-store pickup service is not available for the Le Flaneur bicycle, wallpapers, furniture or the Apple Watch Hermès.

Specific Terms and Conditions of Sale Applicable to Orders of Furniture

The purchase and sale of furniture on the Website is governed by these Specific Terms and Conditions of Sale stated below and the General Terms and Conditions of Sale above.  

In case of any conflict between these Specific Terms and Conditions of Sale and the General Terms and Conditions of Sale, these Specific Terms and Conditions of Sale stated below shall control and take precedence over the General Terms and Conditions of Sale.  

HERMÈS may update these Specific Terms and Conditions at any time without prior notice.

You may view the most recent Specific Terms and Conditions of Furniture Sale by clicking on the hyperlink labeled “Terms and Conditions” in the “Legal” section of the footer of the Website.

In addition to the General Conditions of Use of the Website and the Privacy Policy, the purchase of products offered for sale on the Hermes.com website (“Website”) is subject to these legally binding General Terms and Conditions of Sale and, where applicable, to the Specific Terms and Conditions of Sale (collectively, “Terms and Conditions of Sale“). 

All these documents are available in the “Legal” section of the footer of the Website

Your purchase and order of products on this Website constitutes your agreement with HERMÈS OF PARIS, Inc. (“HERMÈS”) to comply with and be bound by the Terms and Conditions of Sale.   
 

All orders may only be placed on the Website by customers purchasing product not intended for resale.  Any resale of Hermès products purchased on the Website is strictly prohibited. Therefore, you declare and guarantee that you act as a final consumer and that you do not intend to resell Hermès products for commercial purposes.

HERMÈS 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 “Terms and Conditions”in the “Legal” section of the footer of the Website.

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

All sales are final.  Furniture may not be returned for refund nor exchanged for credit.

Any claims or objections regarding furniture orders must be made immediately to the carrier upon receipt of the furniture product, and be noted clearly on the bill of lading.  In the case of latent damage, such claims must be submitted to Hermès of Paris, Inc. Corporate Office, 55 East 59th Street, New York, NY, 10022, attention: Internet, within five (5) business days after delivery by certified letter with acknowledgment of receipt.  Customer may also call Customer Service at 1-800-441-4488 within five (5) business days.

 

The products are designed for use as furniture.  Furniture products must be maintained in compliance with the instructions issued by HERMÈS and must be used in accordance with the purposes for which they were designed.

Furniture products are partially or entirely made of natural fibers, wood and/or of leather, which are living materials.  Therefore, furniture products delivered cannot be guaranteed entirely free from defects or exactly identical to the sample seen by Customer.

As a consequence, HERMÈS cannot be held liable for any normal differences between the sample and the furniture product delivered.

The dimensions of furniture listed on the Website are provided for information only, as Customer accepts manufacturing tolerances.  HERMÈS is entitled to  make  any  modifications  arising  from  the  technical  requirements  of manufacture, without Customer having to bear any costs arising from those modifications.

Subject to Section 6 hereof, and to the full extent permitted by law, the furniture products are warranted to be free of defects in material and workmanship for a period of one (1) year from the date of delivery.  All claims for defective furniture products must be made in writing to Hermès of Paris, Inc. Corporate Office, 55 East 59th Street, New York, NY, 10022, attention: Internet, immediately upon discovery and no later than one (1) year after delivery of the furniture product.

Subject to Sections 6 and 7 hereof, and to the full extent permitted by law, in the event of any defect during the one (1) year warranty period, Customer’s sole and exclusive remedy shall be the right to have HERMÈS repair or replace the furniture product for a comparable furniture product at the option of HERMÈS.  If HERMÈS does not repair or replace a defective furniture product, HERMÈS will refund the original purchase price of the defective furniture product to Customer.

 

From the time of delivery of the furniture to Customer, Customer shall bear the risk of loss and damage to the furniture products and any damage that the furniture may cause.

 

 

These Terms and Conditions of Sale are explicitly excluded from application of the “United Nations Convention on Contracts for International Sale (CISG)”.

 

 

 

Specific Terms and Conditions of Sale Applicable to Orders of “petit h” Products

Hermès has at its disposal unused materials from various production sites of the Hermès Group, such as leather, metals (precious or not), crystal, porcelain, enamel, textile materials, and/or manufactured products bearing the Hermès brand ordered for destruction and made from these materials (hereinafter the “Materials”). The Materials are provided to various artists who then collaborate with Hermès craftsmen representing different expertise to repurpose the Materials and create one of a kind products (hereinafter the “petit h Products”). To differentiate the “petit h” products from other Hermès products, the products are marked with this symbol : 

The purchase of “petit h” Products offered for sale on the Website is subject to these Specific Terms and Conditions of Sale of “petit h” Products and the General Terms and Conditions of Sale above. In case of a conflict or discrepancy between the General Terms and Conditions of Sale and these Specific Terms and Conditions of Sale of “petit h” Products, then the Specific Terms and Conditions of Sale of “petit h” Products shall control with respect to sale of “petit h” Products on the Website.

HERMÈS may update these Specific Terms and Conditions of Sale of “petit h” Products at any time without prior notice. You can view the most current version of the Specific Terms and Conditions of Sale of “petit h” Products at any time by clicking on the hyperlink labelled “customer service”.

For each order made on the Website, your acceptance of the current Specific Terms and Conditions of Sale of “petit h” Products in effect at the date the order is required.

HERMÈS does not accept exchanges of any petit h Products. You may return a “petit h” Product ordered on the Website for refund as long as you return the “petit h” Product to the Website within thirty (30) days of the delivery date. 

No returns or refunds of any “petit h” Products purchased on the Website will be accepted at any HERMÈS boutiques.  In addition, the Website will not issue a store credit for use in any Hermes store. The foregoing restrictions apply whether the “petit h” Product was delivered to you at a physical street address or collected by you or on your behalf at a designated HERMÈS store.  

Petit h products are provided on an “as is” basis with all faults, variations and discrepancies and as available.  To the fullest extent permitted by applicable law, HERMÈS disclaims all warranties and representations of any kind whether implied or by law, statutory or otherwise, including without limitation any warranties of: (i) merchantability, (ii) fitness for a particular purpose, (iii) non-infringement, (iv) workman-like efforts, (v) quality, and (vi) accuracy, and (vii) title.

 

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