TERMS AND CONDITIONS OF SALE

11.3. For other Products, pursuant to Article L221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Product to exercise their right of withdrawal with Pierre Hermé Paris, without having to give any reason or pay any penalty, in order to obtain a refund. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.

11.4. The right of withdrawal may be exercised on plain paper or by email by sending the following to Customer Services, whose contact details are set out in the ‘Customer Services’ section (Article 13 below), before the expiry of the withdrawal period:

- Their name and postal address and, where available, their telephone number and email address;

- Their decision to withdraw, using the model withdrawal form provided in Appendix 1 of the T&Cs or by means of any unambiguous statement addressed to Customer Services, by post, email or telephone.

11.5. If the request is sent by email, Pierre Hermé Paris will send the Customer an acknowledgement of receipt.

11.6. Products must be returned within fourteen (14) days of Pierre Hermé Paris being notified of the Customer’s decision to withdraw from the contract, accompanied by the purchase invoice, in their original packaging and in perfect condition so that they can be resold as new. Products that are damaged, soiled or incomplete as a result of the Customer’s handling, other than that necessary to establish the nature and characteristics of the Product in question, will not be accepted.

11.7. Returns must be sent to Customer Services, whose contact details are set out in the ‘Customer Services’ section (Article 12 below). 

11.8. In the event of a promotional offer consisting of one or more free gifts provided with an order placed on the Website, the right to withdraw from all or part of the order will only be validly accepted if the Customer also returns the gift(s) provided. Only gifts returned in perfect condition, properly protected and in their original, undamaged packaging will be accepted. 

12.3.7. Delivery times cannot be guaranteed during festive periods such as Christmas, Easter, Valentine’s Day, Mother’s Day, etc. During these periods, only orders that are more than 2 hours late beyond the original time slot will be eligible for a refund if the delay is attributable to Pierre Hermé Paris.

12.3.8. Pierre Hermé Paris reserves the right to refuse to dispatch certain Products during periods of high temperatures.

12.3.9. In the event of a failure to deliver or a delay in delivery in any circumstances other than those referred to above, and provided that this is not attributable to the Customer, the order may then be cancelled and the Customer may obtain a refund of the price paid, to the exclusion of any other compensation or damages.

12.3.10. Courier delivery charges: the courier delivery service is available for purchases of €35 or more (including VAT).

Weekdays (Monday to Saturday): Zone 1 (Paris) €18 (including VAT) // Zone 2 (92-93-94) €37 (including VAT) // Zone 3 (77-78-91-95) €68 including VAT


Weekends and public holidays: Zone 1 (Paris) €35 including VAT // Zone 2 (92-93-94) €74 including VAT // Zone 3 (77-78-91-95) €137 including VAT

 

13. COMPLAINTS AND REFUNDS

13.1. The Customer must ensure that their order is correct upon delivery, or upon collection in the case of an ‘In-Store Collection’ order. To be considered, any complaint must be made within 48 hours of receipt of the Products. The receipt or online order confirmation must be presented for any complaint to be valid. No goodwill gesture or refund will be granted without the presentation of the aforementioned proof of purchase. The Customer may be asked to provide additional information in connection with their complaint, including: order number, photographs, etc. 

13.2. Complaints should be addressed to: Customer Services, whose contact details are set out in the ‘Customer Services’ section (Article 14 below). 

13.3. Complaints or disputes will always be considered with careful consideration, as good faith is always presumed on the part of the person taking the trouble to raise the issue.

13.4. In the event of a dispute for which Pierre Hermé Paris is liable and which justifies a refund of all or part of the order, the Customer will receive notification by email within 21 days of the complaint being made.

13.5.1. In the case of non-perishable Products, the Customer must return the Products and Pierre Hermé Paris will issue a refund within fourteen (14) days of the return of the Products or proof of their return.

13.5.2. If the Products are perishable, their return will not be required, except in specific circumstances (for example, a health investigation), and a refund for the Products will be issued within the following timeframes:

Online orders:
- For refund requests made by telephone: the fourteen-working-day period begins on the day the call is made.
- For a refund request by email: the fourteen-working-day period begins on the day the Customer receives the email confirming that the request has been processed by Customer Services. 

Orders placed in-store or via Customer Services: 
- For a refund request by telephone: the refund will be processed immediately.
- For refund requests made by email: Customer Services will send an email acknowledging receipt of the refund request. This email will be followed by a reminder from Customer Services to the Customer regarding the immediate refund.

 

14. CUSTOMER SERVICE

• By post: Pierre Hermé Paris, Customer Service, 100 Boulevard Malesherbes, 75017 Paris
• By email: [email protected]
• By telephone: 01 45 12 24 02, Monday to Saturday, 10 a.m. to 1 p.m. and 2 p.m. to 6 p.m.

 

15. PRODUCT WARRANTY

15.1. Pierre Hermé Paris warrants to the Customer that the Products are manufactured, packaged and stored in accordance with strict quality standards and in compliance with the regulations and standards in force in France.

15.2. The Products are covered by the statutory warranties (the statutory warranty of conformity and the warranty against latent defects).

15.3. In this respect, the provisions of French law applicable to these warranties are set out in Appendix 2 to these T&Cs.

 

16. LIABILITY

16.1. Conformity of the Products

16.1.1. Where the Products are delivered, the Customer is requested to check, in the presence of the carrier, the number of parcels and their condition and, where possible, their contents. If the Customer finds that one or more Products are missing or that one or more Products have been damaged, it is the Customer’s responsibility to enter the customary reservations in writing with the carrier on the delivery note and to refuse delivery, and then to inform Customer Service immediately, using the contact details given in the “Customer Service” section (Article 14 above). Where appropriate, Pierre Hermé Paris will replace the missing or damaged Products with identical Products.

16.1.2. Pierre Hermé Paris insures the Products until they are collected, in the case of an order for Boutique Collection, or until they reach the place of delivery, in all other cases. The risk of transport is borne by the Customer. Upon collection by the Customer, or upon delivery of the order to the Customer at the address specified and after the Customer has signed the delivery note, Pierre Hermé Paris shall have fulfilled its obligation to deliver the Products. Pierre Hermé Paris accordingly disclaims all liability. In addition, Pierre Hermé Paris shall not extend its warranty on its products where the Customer has failed to observe optimal storage conditions, or has consumed the Products after the use-by date indicated on the packaging.

16.2. Access to and use of the Site

16.2.1. The Site is accessible to the Customer 24 hours a day, 7 days a week, except during maintenance operations.

16.2.2. Furthermore, Pierre Hermé Paris is bound only by an obligation of best endeavours as regards the operation and continuity of the Site. Pierre Hermé Paris shall not be liable for any damage:
(i) inherent in the use of the Internet, including in the event of external slowdowns, suspension or inaccessibility of the service, fraudulent use by third parties of any information made available on the Site, external intrusion or the presence of computer viruses, or where the service offered by the Site proves incompatible with, or malfunctions on, certain software, configurations, operating systems or equipment used by the Customer;
(ii) attributable to the speed of access to the Site or the speed at which the pages of the Site open and can be viewed;
(iii) resulting from technical failures or problems affecting hardware, programs or Internet network software which may, where applicable, lead to the suspension or termination of the service;
(iv) resulting from an act attributable to the Customer, the act of a third party or any event constituting force majeure.

16.2.3. It is the Customer’s responsibility to protect its technical equipment, in particular against any form of virus contamination and/or attempted intrusion, and to back up all of its data. Pierre Hermé Paris shall not be held liable in this respect.

16.2.4. The Customer is solely responsible for the use it makes of the services offered and may not hold Pierre Hermé Paris liable for any claim and/or proceedings brought against it.

16.2.5. In addition, the Customer undertakes to deal at its own expense with any claim and/or proceedings brought against Pierre Hermé Paris that relate to the Customer’s use of the service.

16.2.6. Pierre Hermé Paris reserves the right to make any changes and improvements to its services that it considers necessary or useful, and shall not be liable for any damage of any kind that may arise as a result. Pierre Hermé Paris further reserves the right, without notice or compensation, to suspend, temporarily or permanently, any service or all of the services offered on the Site. It shall not be liable for any damage of any kind that may arise as a result.

16.3. Extent of liability

16.3.1. Pierre Hermé Paris is liable, under the general law, for all direct, material and foreseeable damage, loss and harm resulting from the proven improper performance, or partial or total non-performance, of its obligations under these T&Cs.

16.3.2. Pierre Hermé Paris shall in no circumstances be liable for indirect, non-material, special, punitive or unforeseeable damage.

 

17. INTELLECTUAL PROPERTY

17.1. The structure, layout, graphic identity, texts, database, images, photographs, sounds, videos and all other elements making up the Site are and remain the exclusive intellectual property of Pierre Hermé Paris and are protected by copyright. The trade marks, trade names and logos appearing on this Site are registered trade marks.

17.2. Any reproduction, representation, exploitation, redistribution or use, in any capacity whatsoever, even partial, of the elements of the Site, whether software, visual or audio, is subject to the express prior authorisation of Pierre Hermé Paris, the holder of all intellectual property rights. Any total or partial reproduction, modification or use of the Products or their images, for any reason whatsoever, is strictly prohibited.

 

18. PROTECTION OF PERSONAL DATA

18.1. In accordance with the amended French Data Protection Act (Loi Informatique et Libertés) No. 78-17 of 6 January 1978 and Regulation (EU) 2016/679 of 27 April 2016 on the protection of personal data (the “GDPR”), Pierre Hermé Paris, as data controller, guarantees respect for Customers’ privacy.

18.2. In accordance with its legal obligations, Pierre Hermé Paris collects from Customers only the data necessary for the proper processing of the order and delivery of the Products, for the issuing of invoices and for the improvement of its offers.

18.3. By ordering via the Site, the Customer consents to Pierre Hermé Paris’s use of the personal data relating to the Customer. In addition, the Customer may receive informational emails from Pierre Hermé Paris, provided the Customer has given prior consent. The Customer retains the right to refuse such communications, either in advance, by withholding consent when validating the order, or subsequently, by notifying their refusal by email to Customer Service, using the contact details given in the “Customer Service” section (Article 14 above).

18.4. All such information is processed with the utmost rigour and discretion.

18.5. Pierre Hermé Paris stores this information under enhanced security conditions. In particular, this data is protected by secure access. Furthermore, this information is used only by Pierre Hermé Paris or its subcontractors, who are bound by the same obligations, and solely for the purposes for which the Customer provided it to Pierre Hermé Paris. Pierre Hermé Paris undertakes not to disclose it to any other third party without the Customer’s prior authorisation.

18.6. The personal data collected will be retained for the period specified in the Personal Data Protection Policy. Payment data will be retained for fifteen (15) months after the transaction for evidentiary purposes in the event of a dispute concerning the transaction. The card security code is not retained beyond the transaction.

18.7. On expiry of these periods, the data will be erased. By way of exception, data collected for direct marketing purposes may be retained for a further period if the Customer agrees to continue receiving commercial offers from Pierre Hermé Paris.

18.8. In accordance with Articles 39 and 40 of the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify, erase, object to, restrict, port or withdraw consent to the processing of the data relating to them. To exercise this right and obtain disclosure of the information, the Customer may contact Pierre Hermé Paris via the contact form or by letter addressed to Customer Service, using the contact details given in the “Customer Service” section (Article 14 above).

18.9. Requests are processed within a maximum of one month.

 

19. MISCELLANEOUS

19.1. Severability

Should any of these terms and conditions be declared void or unenforceable, or be invalidated pursuant to a law, a regulation or a final decision of a competent court, for any reason whatsoever, such nullity, unenforceability or invalidity […]

19.2. Force Majeure

19.2.1. Neither Pierre Hermé Paris nor the Customer shall be held liable for any failure or delay in the performance of any of their obligations under these T&Cs that is caused by an event of force majeure.

19.2.2. For the avoidance of doubt, the following are deemed to constitute events of force majeure or cas fortuit, in addition to those referred to in Article 1218 of the French Civil Code and those habitually recognised by the French courts and tribunals: total or partial strikes and lock-outs (including those affecting subcontractors), employers’ strikes, riots, civil unrest, insurrections, wars, adverse weather, epidemics (of coronavirus or otherwise), blockages of transport or supply routes for any reason whatsoever, mechanical breakdowns, power failures, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer failures, telecommunications blockages, including those affecting telecommunications networks, any challenge to the mathematical foundations underlying the theory of the cryptographic algorithms used for public key infrastructures, and any other event beyond the Parties’ control that prevents the normal performance of the contract, and acts of government (fait du prince) such as, but not limited to, any adverse change in the applicable regulations or any restrictive measures decided by the government and imposed by decree to deal with an epidemic (of coronavirus or otherwise).

19.3. Evidence

19.3.1. Pierre Hermé Paris, through its hosting provider Always Data, stores purchase orders and invoices on its computer system under reasonable security conditions.

19.3.2. Accordingly, Always Data’s computerised records constitute a reliable and durable medium that may be produced as evidence.

19.3.3. Pierre Hermé Paris recommends that the Customer keep a record of the data relating to their order on paper or on a reliable electronic medium.

19.4. Language

These terms and conditions are governed exclusively by French law. The language of this contract is French. In the event of translation, only the French version shall prevail.

 

20. GOVERNING LAW

20.1. These terms and conditions are governed exclusively by French law, subject to any mandatory provisions more favourable to the Customer that apply in their country of habitual residence.

20.2. In the event of a dispute, the parties shall endeavour to reach an amicable settlement within 30 days of the dispute arising. Failing an amicable settlement within that period, the Customer may have recourse to contractual mediation or to any other alternative dispute resolution procedure, or bring proceedings before the competent court.

20.3. In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, Pierre Hermé Paris has put in place a consumer mediation scheme. The mediation body appointed is: NotreAccord Consommation. In the event of a dispute, any consumer may submit a complaint on the website https://mediation-consommation.notreaccord.com or by post to: Centre de médiation NotreAccord, 132 rue Fondaudège, 33000 Bordeaux. Before referring the matter to the mediator, the Customer must first contact Pierre Hermé Paris in an attempt to resolve the dispute. Indeed, in accordance with Article L.612-2 of the Consumer Code, before any request for mediation, the Customer must first submit their complaint in writing to Customer Service, using the contact details given in the “Customer Service” section (Article 14 above).

20.4. In addition, in accordance with Article L.616-2 of the Consumer Code, Pierre Hermé Paris informs the Customer of the existence of the online platform set up by the European Commission, the purpose of which is to receive complaints arising from online purchases by European consumers and to forward the cases received to the competent national mediators. The platform can be accessed at: https://consumer-redress.ec.europa.eu/index_fr

20.5. All disputes that cannot be resolved amicably between Pierre Hermé Paris and the Customer, or through an alternative dispute resolution procedure, shall be submitted to the competent courts, under the conditions of the general law.

 

Appendix 1 – Model Withdrawal Form

For the attention of Pierre Hermé Paris, at PIERRE HERME France, E-commerce Customer Service, 100 Boulevard Malesherbes, 75017 Paris, [email protected]

I/We () hereby give notice that I/we () withdraw from my/our () order for the following Products ():
Order placed on ():
Name of customer(s):
Address of customer(s):
Signature of customer(s) (only if this form is notified on paper):
Date:
() Delete as appropriate.

 

Appendix 2 – Statutory provisions applicable to the legal warranties

The consumer has a period of two years from delivery of the goods to enforce the statutory warranty of conformity if a lack of conformity appears. During this period, the consumer is required to establish only the existence of the lack of conformity and not the date on which it appeared.

Where the contract of sale for the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the statutory warranty applies to that digital content or digital service throughout the period of supply provided for. During this period, the consumer is required to establish only the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.

The statutory warranty of conformity obliges the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The statutory warranty of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the consumer’s request, free of charge and without major inconvenience to the consumer.

If the goods are repaired under the statutory warranty of conformity, the consumer benefits from a six-month extension of the original warranty.

If the consumer requests repair of the goods but the seller imposes replacement, the statutory warranty of conformity is renewed for a period of two years from the date of replacement of the goods. The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if:
1° the trader refuses to repair or replace the goods;
2° the repair or replacement of the goods takes place after a period of thirty days;
3° the repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer permanently bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
4° the lack of conformity persists despite the seller’s unsuccessful attempt to bring the goods into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or immediate termination of the contract. The consumer is then not required to request repair or replacement of the goods beforehand.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are immobilised for the purposes of repair or replacement suspends the warranty that remained to run until the goods are returned in a repaired condition.

The rights set out above arise from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

A seller who, in bad faith, obstructs the enforcement of the statutory warranty of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the statutory warranty against latent defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept, or to a full refund against return of the goods.