Terms of Service on the Hermess website

 

1. General terms
1.1. The buyer confirms the Terms when he has familiarized himself with them and ticks the box next to the sentence "I am familiar with the terms of service of the Hermess website and I agree with them." The Terms approved in this way are a legal document binding on the Parties, which determine the rights and obligations of the Buyer and the Seller, the terms of service, the procedure for the delivery and return of goods, the responsibility of the parties and other provisions related to the purchase and sale of goods at Hermess.
1.2. By creating a Hermess account, the buyer confirms the Terms during the first registration. After the Buyer has approved the Terms during the first registration (account creation), the Terms will apply to all purchases made at Hermess and to all purchase agreements concluded with Sellers prior to the publication of updated Terms. When the Terms are updated, they are applied in accordance with the procedure described in this paragraph, starting from their publication at www.hermess.lv
1.3. Only those Buyers who have registered by confirming the Terms of service and getting acquainted with the Privacy Policy (Article 1.4 of the Terms) and the Hermess Terms of Use have the right to buy Hermess goods, confirming that they have the right to buy Hermess Ltd. goods.
If it is necessary or there are conditions provided by the legislation of the Republic of Latvia, Hermess has the right to amend, correct or supplement the Terms. Buyers will be informed about this when logging into the account or when Hermess buys goods from the selected Seller after the entry into force of the new version of the Terms.
1.5. The buyer is obliged to familiarize himself with the Privacy Policy approved and published by Hermess. The Buyer's personal data will also be transferred to the Seller from whom the Buyer buys the Goods, and the Personal Data will be processed in accordance with the order specified by the Seller, as well as in accordance with the contractual security obligations of Hermess and the Seller regarding the security of personal data.
1.6. If the Seller has the right or obligation to send information or documents to the Buyer by e-mail, in all cases the Buyer is responsible for notifying the Seller of a valid e-mail address.

 

2. Ordering of goods, the moment of establishment of legal relations of the purchase contract
2.1. The buyer can order Hermess goods in one of the following ways:
2.2. when registering online at Hermess (by entering your registration name and password);
2.3. When ordering goods in one of the Terms 2.1.-2.2. for the types indicated in paragraph 1, the Buyer must enter the Personal data required for the correct execution of the order in the relevant information fields of the Hermess system, which are processed by Hermess in accordance with the procedures specified in the Privacy Policy.
2.4. When the Buyer has selected a product or service, created a basket of goods and completed all the order steps, the last of which is the selection and confirmation of the payment method, it is considered that the legal relationship of purchase has been established between the Seller and the Buyer and a purchase contract has been concluded. The Buyer is informed about the confirmation of the order by sending a notification to the e-mail specified by the Buyer. The Seller sends the Buyer a link to the current Terms and the order confirmation to the e-mail address specified by the Buyer.
2.5. Each Buyer's order is stored in Hermess and the Seller's database in accordance with the procedures specified in their Privacy Policy.

 

3. Buyer's rights
3.1. The buyer has the right to purchase goods and order Hermess services in accordance with the procedures set out in these Terms.
3.2. The buyer has the right to cancel the order in accordance with the procedures specified in these Terms.
3.3. The buyer has the right to withdraw from the Agreement in accordance with the procedures specified in these Terms.
3.4. The buyer has the right to exchange or return the purchased goods in accordance with the procedures specified in these Regulations.
3.5. The buyer has other rights defined in these Terms, the Privacy Policy, the Hermess Terms of Use and the legislation of the Republic of Latvia.

 

4. Obligations of the buyer
4.1. By using Hermess, the Buyer must fulfill his obligations, comply with these Terms, Privacy Policy, Hermess Terms of Use, other rules that are clearly indicated by Hermess, and the Buyer must not violate the laws of the Republic of Latvia.
4.2. The buyer must pay for the ordered goods or services and must accept them in accordance with the procedures specified in these Terms. If the Buyer chooses to receive the goods in the Store, the Buyer must pick them up in the selected Store within the time limit specified in the Regulations.

 

5. Seller's rights
5.1. The Seller and Hermess have the right to cancel the Buyer's order without prior notice if the Buyer chooses Rule 6.2.1. or 6.2.2. the payment method mentioned in paragraph 1 and does not pay for the goods within 3 (three) working days.
5.2. The Seller has the right, at his discretion and without the separate consent of the Buyer, to divide the goods selected by the Buyer (the goods of the specific seller in the basket) into separate orders, unless the Buyer chooses to buy all the goods in the basket in one order before confirming the order. In case of such division, the cost of additional services (for example, delivery of goods, delivery, etc.) for the specific order will be divided into individual orders and calculated for each order separately, so they may differ from the service price indicated in the product description. The seller has other rights, which are defined in these Terms, the Privacy Policy, other Hermess documents and legal acts of the Republic of Latvia.

 

6. Product prices, payment procedures and deadlines
6.1. The prices of Hermess products are indicated in euros, including the amount of VAT in force at that time and other applicable taxes, if any.
6.2. The Buyer can pay for the ordered goods in one of the following ways (the choice may be limited, so the final list of payment methods applicable to the respective order is indicated with the respective order):
6.2.1 using internet banking;
6.2.2. in cash or with a bank card when picking up goods in the store;
6.3. When the Seller receives payment for the goods or receives confirmation of the financing of the purchase (if the Buyer has chosen the payment method referred to in clauses 6.2.1-6.2.2 of the Regulations), the order for the goods is confirmed.
6.4. By agreeing to the Terms, the Buyer agrees that the documents for the purchase of goods - VAT invoices, which are also warranty vouchers for the goods, can be issued to him physically together with the goods or electronically to the e-mail address specified in the Buyer's registration form, immediately after the order is fulfilled. VAT invoices indicate the details of the Seller, the selected goods, their quantity, granted discounts, the final price of the goods, including all taxes, and all other data determined by accounting legislation.
6.5. After the Seller has confirmed the order, the price of the goods may change only in exceptional cases, when the price of the goods has changed due to a technical error in the information systems, correction of obvious (negligence) errors or other objective reasons beyond the Seller's control. If in such a case the Buyer does not agree to purchase the product at the new price, the Buyer may cancel the order by notifying the Seller within 2 (two) working days, using the contact information provided on the Hermess e-store website. After canceling the order in accordance with the procedure specified in this paragraph, the Seller undertakes to refund to the Buyer all the sums he paid for the canceled order.
6.6. If the Buyer chooses goods from several different Sellers, the Buyer's goods basket can be divided into separate goods baskets according to each Seller and separate orders can be made according to these goods baskets. In case of such a division, the costs of additional services (for example, delivery of goods, delivery, etc.) for the specific order will be divided among the individual orders accordingly, so it may differ from the service price indicated in the description of the specific product.
6.7.If the amount of the order is less than the specified amount, Hermess has the right to apply an additional administrative fee. The amount of the fee and the minimum amount of the basket are indicated when placing the order.

 

7. Supply of goods
7.1. When ordering the Goods, the Buyer can choose one of the methods of delivery of the goods, which are indicated in the description of the specific goods sold by the Seller.
7.2. If the Buyer chooses home delivery of the goods when placing the order:
7.2.1. The buyer undertakes to indicate the exact place of delivery of the goods.
7.2.2. The buyer undertakes to accept the goods himself. A valid identity document (identity card or passport) must be presented at the time of receiving the goods. If the Buyer does not accept the goods himself, even though the goods have been delivered to the address indicated by the Buyer, the Seller has the right to hand over the goods to another person located at the indicated address, and the Buyer will not have the right to make any claims to the Seller about the delivery of the goods to the wrong person.
7.2.3. The goods are delivered by the Seller or his authorized representative.
7.2.4. Payment for home delivery does not include carrying the ordered goods above the first floor.
7.3. If the Buyer chooses to receive the goods at one of the branches of the Latvian Post during the placing of the order:
7.3.1. The ordered goods must be picked up no later than within 3 (three) working days after the courier has informed the Buyer by e-mail or text message that he can receive the goods.
7.4. The buyer can receive the goods for free at Hermess Stores. If the Buyer chooses the following method when placing an order:
7.4.1. The ordered goods must be picked up no later than within 3 (three) working days after the Seller has informed the Buyer by e-mail that the goods can be received.
7.4.2. Only the person who placed the order or the person indicated at the time of placing the order can receive the goods. At the time of receiving the goods, a valid identity document (identity card or passport) must be presented to the Hermess employee.
7.5. The Seller is released from responsibility for the violation of the delivery deadline of the goods, if the goods are not delivered to the Buyer or are not delivered on time due to the fault of third parties who are not related and/or independent of the Seller, or due to circumstances dependent on the Buyer.
7.6. During the delivery of the goods, the Buyer must check the condition of the shipment and the goods (goods) together with the courier, and in the case of physical receipt of the goods in the Store - with Hermess or its authorized representative and sign the delivery-acceptance document. After the Buyer has signed the delivery-acceptance document, it is considered that the goods have been delivered in a proper condition and have no damage that is not caused by a factory defect, nor are there any inconsistencies in the product(s) assembly (such as can be determined during external inspection of goods). If the Buyer finds that the packaging of the delivered product is damaged (wrinkled, wet or otherwise externally damaged), the product(s) is damaged and/or the package of the product(s) is incomplete, the Buyer must note this in the product delivery-acceptance document and with the participation of the courier, but in the case of physical receipt of the goods in the Store - Hermess or its authorized representative, a free-form report must be drawn up on the damage/inconsistencies of the shipment and/or product(s). If the Buyer does not perform these actions, the Seller is released from responsibility for damage to the goods, if the occurrence of such damage is not related to a factory defect, as well as from responsibility for inconsistencies in the product assembly only if such inconsistencies can be determined during the external inspection of the goods.
7.7. The risk of accidental loss or damage of the goods passes to the Buyer from the moment the goods are handed over to the Buyer.
7.8. If according to Rule 7.2.-7.5. point The Buyer does not collect the goods within the specified period or fails to issue them to the Buyer and the Buyer has not paid for the goods, such goods are sent back to the Seller, but the order is cancelled.
8. The right to withdraw from the purchase contract, the procedure for returning and exchanging goods
8.1. Right to withdraw from the purchase contract:
8.1.1. The buyer, who is a consumer, has the right to withdraw from the purchase contract within 14 (fourteen) days, using the right of withdrawal, by notifying the Seller or Hermess, who informs the Seller of the Buyer's decision to withdraw from the contract, within 14 (fourteen) days. The buyer cannot use this right if the buyer is not a consumer, as well as the Cabinet of Ministers Regulation of May 20, 2014 No. 255 "Rules on the distance contract" in the cases mentioned in point 22.
8.1.2. If the Buyer withdraws from the purchase contract before the product has been delivered to him, the Buyer must inform Hermess using the contact information provided on the website. The buyer's refusal is processed as a cancellation of the order.
8.2 Terms of exchange and return of defective goods
8.3. Defects of the sold goods are eliminated, low-quality goods are exchanged, returned in accordance with the procedure mentioned in the Regulations and the requirements of the regulatory acts of the Republic of Latvia.
8.4. Exchanges and returns if the wrong goods are delivered
8.4.1. If the wrong goods have been delivered to the Buyer, the Buyer must inform Hermess immediately, but no later than within 7 (seven) working days, by e-mail hermess@hermess.lv or by calling +371 26167939. Upon receiving information about wrongly delivered goods.

 

9. Responsibility
9.1. When registering, the Buyer is responsible for storing and/or transferring his login data to third parties. If the services provided by Hermess are used by a third party by logging into the Hermess website with the Buyer's login data, the Seller considers this person to be the Buyer.
9.1. The Seller is released from any responsibility in cases where losses occur because the Buyer, disregarding the Seller's recommendations and his own obligations, has not familiarized himself with these Terms and Privacy Policy, the terms of use of www.hermess.lv, even though he was given such an opportunity.

 

10. Final terms
10.1. These Regulations have been developed in accordance with the legislation of the Republic of Latvia.
10.2. The laws of the Republic of Latvia are applied to relations arising on the basis of these Terms.
10.3. All disagreements that arise due to the implementation of these Terms are resolved through negotiations. If it is not possible to reach an agreement within 20 (twenty) calendar days, the dispute is resolved in accordance with the procedure established by the legal acts of the Republic of Latvia.