General terms and conditions of sale
for Corporate Gifts of Hermès of Paris, INC.

purchasing	shipping & delivery	legal issues
1- terms & conditions for ordering   2- confirmation of orders   3- prices - payment   4- reservation of title	1- delivery zone   2- shipping costs   3- time required for delivery   4- problems of delivery	1- limitation of liability   2- intellectual property   3- indemnification   4- law - disputes

purchasing

1 - Terms & conditions for ordering

Orders of corporate gifts may be placed by contacting the corporate customer service department of HERMÈS OF PARIS, INC. (referred to herein as HERMÈS OF PARIS):

• by telephone by dialing 800 441 4488 (toll free number available only from within the United States) from Monday to Friday, 9.00 a.m. to 6.00 p.m. EST, from anywhere within the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America, or

• by email at : corporate-gifts@hermes.com

A client can also contact the corporate customer service department of HERMÈS OF PARIS by visiting the Hermes.com website and completing the on-line form.The delivery zone for Hermès products ordered with the corporate customer service department of HERMÈS OF PARIS and the 800 number referred to above is restricted to the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America (see "Delivery zone").An order of a client may be delivered to a single or, with additional costs, multiple address(es) (see "Delivery zone").

In no circumstances may Hermès corporate gift products ordered with the corporate customer service department of HERMÈS OF PARIS:

• be resold.
• be given by you to an individual or a legal entity not located within the United States of America (excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America).
• be used in any type of competition, whether a lottery, contest or any similar event.
• be given in the context of a sales-boosting operation, bonus, gift-for-points scheme, a gift for users of multi-brand catalogues or any similar event.
  
  
  

2 - Confirmation of orders

Confirmation of the order by the client

Any order of a client must be confirmed in writing by the client as follows:

• For non-personalized Hermès products
  The corporate gifts service of HERMÈS OF PARIS will send you the corporate gifts charter (hereafter the “Charter”) and an invoice.
  You are required to sign the Charter and the invoice and send a copy of both documents, by fax, to the following number 212-826-2540.

• For personalized Hermès products
  In addition to the Charter and the invoice, it is necessary to sign the layout and design approval form and send it by fax to aforementioned number.
  You are required to pay a down payment equal to fifty percent (50%) of the amount of your order within 10 days of confirming the order by sending a copy of the fax and payment to the following address:

Corporate Customer Service,
HERMÈS OF PARIS, INC.,
55 East 59th Street, New York, New York 10022.

Confirmation of the order by HERMÈS OF PARIS

Any order of a client must be confirmed in writing by HERMÈS OF PARIS.

HERMÈS OF PARIS reserves the right to not confirm an order for any reason without prior notice to the client. In particular, an order may not be confirmed by HERMÈS OF PARIS if the personalisation of the Hermès product requested by the client:

• is overly burdensome or difficult to manufacture,
• would entail the infringement of the intellectual property rights of any third party,
• would violate any foreign or domestic law, including the common law, statute, code, rule, regulation, ordinance, order, judgment, writ, injunction or decree of any governmental body, and/or morals,
• or would entail workmanship fees and expenses disproportionate to the value of the Hermès product.

HERMÈS OF PARIS reserves the right to cancel any order placed by a client with whom it has a dispute concerning a prior order, or if HERMÈS OF PARIS has reasonable cause to believe that such client has violated these Terms and Conditions, or is engaged in any fraudulent activity.

3 - Prices - Payment

You will receive an invoice prior to your order confirmation. The price will include retail price, relevant manufacturing fees, duties and tax, shipping charges and other costs related to the special customer request and, if applicable, include any eligible discount. The price includes the packaging and the “bolduc” (Hermès gift- wrap ribbon) costs.
You will be responsible for additional costs associated with the order (for example, special gift cards).

HERMÈS OF PARIS cannot be bound by the suggested prices of corporate gifts products presented on the Hermes.com website. These prices are illustrative only.
The price of the Hermès products that you will order will be the retail price of theses items as notated in the HERMÈS OF PARIS’ retail system at the time your order is placed.
Orders meeting certain requirements are eligible to receive a corporate discount. For further information, contact the corporate customer service department at 800 441 4488 or by email at corporate-gifts@hermes.com.

You are required to pay for any order placed with the corporate customer service department of HERMÈS OF PARIS immediately upon confirmation of your order. We only accept payment by charge card, corporate check or credit card.

All orders are payable in US $. In addition to corporate checks, 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.

For non-personalized Hermès products
Your charge card or credit card will only be debited when your order is shipped (any payment by corporate check must be received before the order is shipped). If any of the products in your order are unavailable, we will only charge you the prices, taxes and shipping costs for the goods available.

For personalized Hermès products
You are required to pay a down payment equal to fifty percent (50%) of the amount of your order before manufacturing begins. The remainder will be debited when your order is shipped (any payment by corporate check must be received before the order is shipped).

4 - Reservation of title

The products you order will remain the property of HERMÈS OF PARIS until HERMÈS OF PARIS has received full payment. If there is any problem with payment, you undertake to return the goods received to HERMÈS OF PARIS immediately on request.
However, you accept all risk for the goods upon shipment (including loss, theft, or damage of any order).

shipping & delivery  

1 - Delivery zone

Goods purchased from the corporate customer service department of HERMÈS OF PARIS may only be delivered within the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America.
Any delivery address situated outside this zone will be refused during the ordering procedure. HERMÈS OF PARIS will not process any order for which a post office box or APO/FPO address is provided.

Goods will be shipped to the delivery address(es) specified during the ordering procedure.



2 - Shipping costs

You will be asked to select the shipment method you would prefer as part of the order procedure.

HERMÈS OF PARIS shall deliver the Hermès products to a single address in the United States of America (see Delivery zone). For an additional cost, you can request at the time of ordering that the Hermès products be delivered to additional addresses.

We will inform you of the shipping costs for the shipment method you would have selected before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered.



3 - Time required for delivery

During the ordering procedure, we will inform you of the time required for delivery and the various forms of delivery available for the goods purchased.

However, HERMÈS OF PARIS reserves the right to divide your order into part shipments. In this case, your charge card or credit card will only be debited for the goods shipped and for a single shipment.

HERMÈS OF PARIS will not be liable for any delay in performing or failure to perform its obligations due to any event outside its reasonable control, which will include but will not be limited to fire, war, acts of God, terrorism, civil disobedience, acts of national or civil or military authority, flood, explosion, labor disputes, strikes or slowdowns, freight embargoes, delays caused by common carriers, or delays or default of HERMÈS OF PARIS’ suppliers due to such force majeure events.



4 - Problems of delivery

HERMÈS OF PARIS will send you a letter or an email the day your products are shipped.

Any failure to deliver or late delivery exceeding eight (8) business days should be reported to our corporate customer service department as soon as possible. In order for your claim to be accepted, please notify us of it within a maximum of fifteen (15) business days from the date of the shipment by HERMÈS OF PARIS of your order.

You should check that your shipment is correct upon delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., product reference error, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign such delivery notice.

If the goods do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund according to the terms and conditions contained in the proceeding section entitled "RETURNS - EXCHANGES - REFUNDS"



5 - Returns - exchanges - refunds

Hermès will not give a store credit for personalized products. We will only replace the damaged products with additional quantity of the same personalized product. No refund for returned products will be issued by HERMÈS OF PARIS.

The shipping costs of the first delivery of personalized Hermès products purchased will not be refunded when you return (for replacement only) the product to HERMÈS OF PARIS. HERMÈS OF PARIS will invoice the costs for the second delivery.


For non-personalized Hermès products
You are entitled to return any new, unused non-personalized Hermès products. Damage or defect is not a perquisite for returning non-personalized Hermès products.

Returns of non-personalized Hermès products must be returned in their original condition and packaging to either Hermès boutiques or the following address:
H.O.P., 55 East 59th Street
New York, New York 10022.

Non-personalized Hermès products may be exchanged or returned for store credit only. No refund for returned products will be issued by HERMÈS OF PARIS.

A list of Hermès boutiques offering exchanges for returned products can be found by clicking on our web site Hermes.com the hyperlink "Stores".

The shipping costs of the first delivery of a non-personalized product purchased on the Hermes.com website will not be refunded when you return (for replacement, exchange or store credit) the product to an Hermès boutique or to HERMÈS OF PARIS. HERMÈS OF PARIS will invoice the shipping costs for the second delivery.

Hermès boutiques do not offer refunds on any goods purchased on the Hermes.com website. Under no circumstances will it be possible to credit your charge or credit card.



6 - Cancellation policy

Non-personalized products
You may cancel any order of non-personalized Hermès products provided that notification of cancellation is received by HERMÈS OF PARIS prior to shipping.

Personalized products
You may cancel any order of personalized Hermès products provided that notification of cancellation is received by HERMÈS OF PARIS prior to manufacture. In such event, the fifty percent (50%) down payment previously paid by you will be converted to an outstanding credit. Under no circumstances will it be possible to credit your charge or credit card.

If you cancel your order after the personalized Hermès products are manufactured, you will still owe HERMÈS OF PARIS the full amount of the order. However, in the event that HERMÈS OF PARIS meets unexpected production delays longer than six (6) months, you may cancel your order and your fifty percent (50%) down payment will be refunded in full.

7 - Security & personnal data

The Hermes.com Privacy Policy (see "Privacy Policy") governs the use of any personal information you provide to HERMÈS OF PARIS. HERMÈS INTERNATIONAL may modify or amend the Privacy Policy from time to time as provided in the Privacy Policy. No company in the HERMÈS group will be responsible or liable for any failure of any third party that may obtain personal information about you in order to use such information in accordance with the Privacy Policy, standards satisfactory to the companies in the HERMÈS group, or in accordance with any other contractual or legal obligation to which such third party may be subject.

The HERMÈS group does not market Hermès products offered on the Hermes.com website to children and does not solicit, or knowingly collect, personal information from children.



legal issues   

1 - Limitation of Liability

IN NO EVENT SHALL ANY COMPANY IN THE HERMÈS GROUP BE LIABLE FOR ANY INDIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, OPERATIONAL LOSS, LOSS OF PROFITS OR LOSS OF OPPORTUNITY, RESULTING FROM ANY PURCHASE OF ITS PRODUCTS.

IN NO EVENT SHALL ANY COMPANY IN THE HERMÈS GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH AN ORDER OF HERMÈS CORPORATE GIFTS, EVEN IF A COMPANY IN THE HERMÈS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

2 - Intellectual Property

All material on the Hermes.com website (including, without limitation, drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks) are and shall remain the exclusive property of HERMÈS INTERNATIONAL. You may not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the Hermes.com website.

The "Hermès" trademark, the trademark image of a horse and carriage and all other Hermès-related marks 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 INTERNATIONAL. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of HERMÈS INTERNATIONAL is prohibited.

You may not remove any copyright, trademark or other proprietary notice contained on the Hermes.com website or any content contained therein. You may make a single copy of web pages published on the Hermes.com website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.



3 - Indemnification

Any client who orders personalized Hermès products has the sole responsibility to comply with all trademark and copyright requirements for language, symbols or marks used in the manufacture of the personalized products. If the design is reproduced by HERMÈS OF PARIS and/or manufactured to the specification of the client, it is understood that if the requested design infringes or is alleged to infringe upon any trademark, copyright or patent or other intellectual property rights of a third party, the client shall indemnify and hold harmless HERMÈS OF PARIS and/or any company in THE HERMÈS GROUP against all judgments, damages, fees and expenses sustained by HERMÈS OF PARIS and/or any company in THE HERMÈS GROUP on account of such infringement.



4 - Law - Disputes

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York and the federal laws of the United States of America, without regard to principles of conflicts of laws. Any applicability of the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. The language of these Terms and Conditions is English. In the event of a dispute, the state and federal courts sitting in the State of New York shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such courts. HERMÈS OF PARIS and HERMÈS INTERNATIONAL shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder.

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