Terms of use
Article 1 – Purpose and scope
1.1 The Site
These general terms and conditions of sale (hereinafter the “GTC”) apply to the website www.herman1874.com (hereinafter the “Site”), operated by SRL HERMAN 1874, with a capital of 500,000.00 euros, whose registered office is located at Rue Jean Meunier, 6 – 6922 Wellin, registered in the Belgian Trade and Companies Register under number 815 340 336 (hereinafter referred to as “seller”), which offers for sale, under the HERMAN brand name, hats, accessories and various fashion items (hereinafter referred to as “articles”).
The seller can be contacted by e-mail at eshop@herman1874.com. If you do not receive an answer by e-mail, the seller is also reachable on +32 (0)84 38 81 03 from Monday to Friday, from 9 am to 4:30 pm (Belgian time).
1.2 – The Customer
Any order or purchase of items on the site is exclusively reserved for non-professional end-customers, having the status of consumer, aged over eighteen (18) years and having full legal capacity to enter into the commitments provided herein (hereinafter the “customer”).
Sales are made at retail for strictly personal use. The seller reserves the right to refuse any order of items with an abnormal character, especially in case of orders in quantity and/ or an amount considered incompatible with personal use.
The customer acknowledges having read these GCS prior to the validation of his order. Placing an order of articles on the site and the validation of the corresponding box imply the acceptance by the customer, without restriction or reservation, to all the provisions of the GTC appearing on the site at the time of the order. The GCS may be modified at any time by the seller, the applicable GCS being those in force on the site at the time the customer places his order, under the conditions defined below.
Article 2 – Information on articles
2.1 – Item Characteristics
The characteristics, descriptions, colors, photographs and representations of the items on the site are subject to the greatest attention by the seller and are described and presented in the most accurate way possible (specifications, illustrations, size, composition etc.). However, the seller cannot be held responsible in case of minor variations in the presentation of the items or differences in assessment that may result.
The customer is invited to refer to the description of each article in order to know the properties and particularities, especially as regards the characteristics sought and the desired size, the choice and purchase of an article being placed under the sole responsibility of the customer. The customer may also, at any time, contact the seller’s customer service (hereinafter referred to as “Customer Service”) by e-mail at eshop@herman1874.com for additional information if he or she deems it useful.
2.2 – Item availability
The articles presented on the site are available for sale within the limits of available stocks. The information on the availability of the articles is provided on the site at the time of placing the order and the seller makes its best efforts to ensure that the availability of the articles is regularly updated.
In the event of an out-of-stock item, once the order is placed despite the vigilance of the seller, he will inform the customer by any means (first of all by e-mail) as soon as possible. The order of the article concerned will be resolved and the customer will then receive a refund of the price paid for the article concerned within a maximum period of fourteen (14) calendar days following the resolution of the sale.
The seller cannot be held responsible in case of stock out or unavailability of items.
In case of an article out of stock, the customer has the possibility to register for an alert via the following email address eshop@herman1874.com by entering his e-mail address.
Article 3 – Order
3.1 – Order process
To place an order for an item, the customer is asked to select the desired item on the Site and add it to his shopping cart by clicking on the «Add to cart» button. The customer then has the option to continue with their purchases by clicking on the “Continue your purchases” button. At any time, the customer can delete the selected items on the shopping cart viewing page by clicking on the “Shopping cart” icon available on all pages of the site in the upper right corner.
Once the selection is complete, the customer is asked to check his shopping cart by clicking on the “Cart” icon. He can on this occasion, by clicking on "Delete", remove one or selected models (without the possibility at this stage to modify the order as for example the desired quantity, size, color, nature of the articles etc...).
The customer is informed that all items selected in his shopping cart, whose order has not been finalized through his payment, remain available for sale to other customers and the seller does not give any guarantee as to the maintenance of the price in force on the day of the selection not followed by validation, the applicable price being that in force at the time of finalization of his order through its payment by the customer. After validation of the cart by clicking on the button Proceed to the Order
The customer account gives the customer access to his personal space "My account" allowing in particular the tracking of his orders and access to the history of his orders since April 2, 2024. To access the history of orders placed before April 2, 2024, the customer can make a request to the seller by email at eshop@herman1874.com
The seller cannot be held responsible for the inaccuracy of the information provided by the customer at the time of creation of his customer account and/ or placing his order.
It is the customer’s responsibility to maintain the security of his or her secure access codes, which are strictly personal. Accordingly, any purchase made using his secure access codes will be deemed to be made by him as the holder of these credentials. In the event of loss or forgetting of his secure access codes, the customer can request them again by clicking on "Forgotten password" in the section "My account".
To complete the order, the customer must:
- indicate or confirm if applicable, his or her first and last name, delivery address and if necessary billing address, e-mail address and telephone number. The customer also has the possibility to give delivery instructions in a dedicated free field,
- select the delivery method chosen from those proposed according to the country of delivery (delivery times and costs are indicated at this stage, and may vary depending on the mode and the country of delivery),
- review the summary of your order (and make changes if there is an error by returning to the previous steps if necessary).
They must then accept their order by clicking on “Payment”.
The customer must then confirm that he has read these GTC and explicitly accepts them by checking the box "I have read and accept the general terms of sale" (a link to the GTC is available at this stage by clicking on "general conditions").
He can then proceed to his payment by clicking on the «Order» button, giving access to secure payment of his order after selecting its payment method among those offered by the site and fill in the corresponding details.
The sale will be considered final only after receipt of the full price of the order by the seller, confirmed by sending by the seller to the client the confirmation of acceptance of the order by e-mail to the addressemail indicated by the customer, the customer formally accepting the use of e-mail for confirmation by the seller of the content of his order.
The seller reserves the right to refuse to fulfill the order in cases where it would be contrary to the provisions of the GTC. Similarly, the seller would not be held responsible if the proper administrative and/ or technical order process on the site is disturbed by a virus, computer bug, human non-interventionauthorized or any other cause beyond the control of the seller or if there is a strong suspicion of fraud, or that fraud has occurred in any form whatsoever, including computer-based, the seller reserves the right to interrupt or cancel the current order. In these cases, the customer will be informed by e-mail of the cancellation of his order and will be refunded of the amounts he has, if any, paid prior to the cancellation of his order by the seller.
Once the payment is made, the customer cannot change his order. The customer always has the possibility to make use of his right of withdrawal, the modalities of which are described in article 6 below.
If the customer has a customer account, the customer will be able to follow the progress of his order on his customer account. In all cases, the customer may contact the seller’s Customer Service by e-mail at: eshop@herman1874.com
3.2 – Proof of Order
In general, it is intended that the e-mails will be binding between the customer and the seller, especially as regards the nature and date of the order.
Furthermore, in accordance with the legislation of the Consumer Code, the seller keeps the information relating to any order for a period of ten (10) years and makes it available to the customer on request by the latter at: eshop@herman1874.com
The customer is advised to keep a copy (in electronic format and/or on paper) of the items related to his order.
Article 4 – Rates and payment terms
4.1 – Rates
The sale prices of the articles are displayed including taxes (TTC), in the currency of the country where the customer is identified as being located.
In the event that the customer wishes to have his order delivered to an address located in a different country, the selling price will be converted at the time the customer enters the chosen delivery address. The customer will pay in the currency of the chosen delivery location, either by:
euros (€) if the delivery is made in a euro area member country;
By default, delivery charges are calculated based on where the customer has identified themselves as being located. In the event that the customer wishes to have his order delivered to an address located in a different country, the delivery costs will be modified as appropriate according to the chosen delivery country at the time the customer enters the chosen delivery address.
Standard delivery charges are offered in certain countries and/or at specific events, and may be subject to conditions (including minimum purchase requirements) according to the seller’s commercial policy, which may change at any time.
In addition to the above, the customer will have to pay the shipping costs corresponding to the country of delivery chosen. Additional delivery costs may be charged to the customer when the latter chooses a so-called “express” delivery.
The customer will also have to pay any applicable shipping and customs fees as well as any bank charges that will always be at his expense.
The proposed and available delivery rates are accessible at any time on the site by clicking on the link «Delivery and return».
The delivery rates applicable to the order are those selected by the customer before validation of his order, as confirmed by the seller at the time of the order confirmation.
The seller reserves the right to change its prices at any time without notice. However, the items will be invoiced to the customer based on the rates in force on the site at the time of placing the order and the seller may not change them once the order is validated through its payment.
4.2 – Terms and methods of settlement
The total amount due by the customer is indicated before the final validation of the order on the site.
Payment of the order is made only on the site by means of a credit card Carte Bleue, Visa, Mastercard or by means of a Paypal account and the means authorized by the sales website www.herman1874.com
To proceed with the payment, the customer will have to provide certain information related to the credit card including the name of the cardholder, the number of the credit card, its expiration date and its cryptogram number. The payment of the order is made with a secure payment solution.
The payment will be considered as validated after confirmation of the payment agreement made by the issuing body. In case of refusal by the bank or the Paypal platform, the order will be automatically refused and the seller will be released from any obligation and responsibility towards the customer.
Article 5 – Delivery – Risk Transfer
When the customer is eligible for delivery, the conditions, prices and delivery times proposed and available are accessible at any time on the Site by clicking on delivery and returns
The conditions, prices and delivery times applicable to the order are those selected by the customer before validation of his order, as confirmed by the seller at the time of the order confirmation.
The articles purchased by the customer will be delivered to him according to the chosen delivery method and at the address indicated by him when ordering on the site. No delivery can be made in a mailbox.
The seller will make every effort to ship the items to the customer as soon as possible after placing the order, in accordance with the delivery method chosen by the customer when placing the order. Notwithstanding the foregoing, in all cases, delivery will be made within a maximum of thirty (20) working days from receipt of the order confirmation email, subject to availability of the items, as indicated to the customer at the time of ordering.
Upon dispatch of the order, the customer will receive an e-mail specifying the dispatch of his order. The customer will be able to track the delivery of his order using the parcel number provided by the seller. It is the customer’s responsibility to be present (or represented) at the time of delivery of his order.
5.2 – Delay in delivery
In case of absence or delay of delivery, the customer must send an e-mail to the seller at eshop@herman1874.com as soon as possible.
If the seller has not performed within this reasonable additional period, the customer may cancel his order by new registered letter with acknowledgement of receipt or in writing to eshop@herman1874.com
The order will be considered as resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the latter has been executed in the meantime.
The customer will then be reimbursed for the price paid for the order within a maximum of fourteen (14) calendar days following the resolution of the order.
5.3 – Receipt of Items
Except in special cases or unavailability of one or more items, the ordered items will be delivered in a single delivery.
It is also the responsibility of the customer (or any third party he has appointed) to check the number and condition of the items when they are delivered by the carrier. If the package received is opened or visibly damaged, or if all or part of the items in the package are damaged, missing or do not match the order, the customer (or any third party he has designated) is asked to refuse receipt of the package or articles concerned and to issue at the time of delivery, in writing, the necessary and sufficiently detailed usage reserves with the carrier (open package, damaged package or article(s) or missing or non-conforming item(s) to the command etc.).
In any event, the customer also agrees to notify the seller without delay by e-mail at eshop@herman1874.com in order to allow the seller to investigate the carrier and/ or exercise recourse with the carrier within the time limits provided for by the applicable regulations; if applicable.
In the event of a missing item, refusal or return of an article by the customer under the above circumstances, the seller will either refund the relevant item(s) within fourteen (14) days or return the damaged item(s)/item(s) to the customer.
It is specified that the above provisions do not deprive the customer of the right of withdrawal as provided for in article 6 below or the benefit of the guarantees available to him as provided for in article 7 below.
Article 6 – Right of withdrawal
As a preliminary point, it is clarified that the right of withdrawal and this article 6 do not apply to items that have been customized at the request of the customer (for example engravings or initials of the customer), in accordance with the legal provisions of the Consumer Code.
In the absence of any indication to the contrary on the site during exceptional events, or in the absence of written agreement from the seller, the customer has a period of fourteen (14) working days from the date of receipt of the articles by the customer (or any third party that he will have designated), to exercise the right of withdrawal without having to justify:
By sending the seller within this period, either by e-mail to eshop@herman1874.com or by post to the following address: HERMAN 1874 rue Jean Meunier, 6 - 6922 Wellin BELGIUM any unambiguous declaration expressing its intention to withdraw and including the information necessary for the seller to be able to identify the order concerned (name, first name, date and order number).
The seller is liable for the legal warranty of conformity and that relating to defects of the thing sold.
The items must be returned complete, with their packaging and original box, and the labels still attached and intact, to allow the seller to re-market them in a new state. In the event of alteration of the article, resulting from a manipulation other than that necessary to establish the nature and/or conformity of the article, the characteristics or the proper functioning of the article, The seller reserves the right to refuse a refund or exchange of the item.
The seller will not refund if the items returned by the customer do not correspond to the item(s) ordered or if they do not come from the site.
The costs and risks associated with returning the items remain at the expense of the buyer. The customer is invited to take all necessary measures to ensure their return in perfect condition and to use a carrier selected by the seller.
The customer may be liable in case of depreciation of the item resulting from a manipulation other than that necessary to try the article in a way that would be allowed in store, including wearing the article. The customer must therefore try the article with all necessary care, keeping in particular the protective film intended for this use.
The refund will be made using the same payment method used by the customer for the payment or, after agreement of the customer, any other payment method, without additional costs to the customer (bank transfer).
If the return of items is delayed, exceeding the fourteen (14) day period from its decision to withdraw (the date on the proof of deposit/shipment is valid), or if the above conditions are not met, the seller may refuse to refund the customer. In the event of a refusal to refund, the items may be returned to the customer at his expense if he requests it within two (2) months from the date of his request.
Article 7 – Legal guarantees
7.1 – Compliance and Hidden DefectsThe seller is liable for the legal warranty of conformity and that relating to defects in the thing sold (1).
Based on the legal guarantee of compliance, the customer:
- has a period of six (6) months from the delivery of the product to take action against the Seller;
– where repair is possible, the customer may choose between repairing or replacing the product, subject to the cost conditions provided for by the Belgian consumer code;
- is exempt from providing evidence of the product’s lack of conformity during this period.
The customer may decide to implement the warranty against hidden defects of the thing sold, in this case he can choose between the resolution of the sale or a reduction of the selling price.
The customer is obliged to verify that the item(s) received corresponds (correspond) to the order and, in the case of a lack of conformity or a hidden defect within the meaning of the corresponding legal guarantees, he must contact the Customer Service at eshop@herman1874.com who will provide him with the necessary information regarding the return of the item(s) and its replacement or refund.
The seller will exchange or repair the returned item after receipt and examination of the item concerned.
The customer is informed of the existence of the legal guarantees regime applicable in his country of residence and subject to national conditions.
7.2 – Warranty exclusion
If the items returned by the customer do not correspond to the ordered items or do not come from the site, the seller will not be bound by its obligations described in article 7.1 above. It is specified for all purposes that the legal guarantees do not cover damages or defects resulting from an external cause (accident, shock...) or a fault of the customer resulting from an improper use or use and/ or inappropriate to the characteristics of the article. Similarly, this article does not apply if the items were not purchased on the site, to the extent that in this case the legal guarantees are due from the seller from whom the items were purchased.
Section 8 – Liability
The seller shall not be held responsible for the breach of any of its obligations if the poor performance of the contract results from a case of force majeure, the fact or omission of the customer, the unforeseeable and insurmountable fact of a third party to the contract, or an obstacle beyond the control of the seller, which the seller could not reasonably have foreseen at the time of signing the contract with the customer and whose consequences cannot reasonably be avoided or overcome by the seller.The seller cannot be held responsible for any direct or indirect damage, whatever its cause, origin, nature and consequence, resulting from the consultation or use of the site. In particular, the seller disclaims any responsibility for interruption or inaccessibility of the site, occurrence of bugs, any damage resulting from fraudulent acts of third parties (such as intrusion) from the site.
It is recalled that the seller cannot be held responsible for the use of the purchased items, the customer being solely responsible for their use by himself or by a third party.
Furthermore, unless otherwise stated herein, the customer agrees that the use of the site and the selection and purchase of items are entirely at the customer’s own risk.
Article 9 – Personal data
If the customer wishes to delete his or her account or if the customer needs more information about how the personal data of the customer are processed by the seller in connection with an order, the customer can send a request by email to the following address: eshop@herman1874.com”.Article 10 – Intellectual property rights
The customer acknowledges that the seller is the owner of its legal name, trademarks, logos, designs, patents, patent applications, advertising materials, representations of its articles and packaging boxes and the related intellectual property rights.Article 11 – Customer Service
Any questions and/or correspondence and/or complaints regarding an order placed on the site must be addressed to customer service by e-mail at eshop@herman1874.comSection 12 – Partial Disability
In the event that one or more stipulations of the GTC were held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other stipulations of the GTC shall continue to apply in the same terms and conditions.
Article 13 – Applicable law/Dispute resolution
These GCS and any order placed on the site are subject to French law, with the exception of its provisions that would refer to the mandatory application of a foreign law. However, the application of Belgian law cannot lead to depriving the customer of the level of protection provided by the provisions of mandatory laws of his country of usual residence.
In the event of a complaint not resolved amicably by customer service, the customer may refer to:
Use of the European Commission’s online dispute resolution platform available at http://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
In the absence of an amicable agreement (including through the mediation process provided for above), or if the client wishes to bring his claim or dispute directly before the courts without going through an attempt at an amicable settlement, the Belgian courts shall have territorial jurisdiction to hear any dispute, except for legal provisions to the contrary which would refer to the mandatory jurisdiction of a foreign court.
Appendix 1 – Model Withdrawal Form
Attention: HERMAN 1874 rue Jean Meunier, 6 – 6922 Wellin , BELGIQUE mail: eshop@herman1874.com
I (*) hereby notify you/we (*) of my/our (*) withdrawal from the contract for the sale of the property (*)/for the provision of services (*) below:
Name(s) and reference(s) of Article(s):
Ordered on (*):
Received on (*):
Order Number (**):
Name of the consumer Customer(s):
Address of the Consumer Client(s):
Signature of the Consumer Client(s) (only in case of notification of this form on paper):
Date:
(*) Delete or delete the unnecessary.
(**) the Order number is available in the Customer Area on the Site or in the order confirmation email.
Last updated on: 18/11/2024