General terms and conditions of use
Last updated 29 Jan 2024
General terms and conditions of use
Preamble
The Hermes.com KSA website is published and operated by the HERMÈS SELLIER, a subsidiary of HERMÈS INTERNATIONAL SCA. HERMÈS INTERNATIONAL SCA and its directly or indirectly owned subsidiaries are part of the Hermès group (“Hermès Group”). HERMÈS E-MESA is an indirectly owned subsidiary of HERMÈS INTERNATIONAL and has its registered office at 1 Marina Boulevard 28-00 Singapore 018989, and is part of the Hermès Group. HERMÈS SELLIER grants HERMÈS E-MESA PTE LTD (“Hermès”, “we”, or “us”) the right to sell a selection of Hermès products over the Internet.
The use of the Hermes.com KSA website (the “Site”), the use of any services available on the Site (the “Services”),the purchase of any products offered on the Site, and your relationship with Hermès are subject to these Terms and Conditions of Use of the Site ("Terms and Conditions of Use"). The use of the Site constitutes your acknowledgment that you have read, understood and accepted without reservation these Terms and Conditions of Use and your consent to the terms of the Privacy Policy for the Site (see "Security and Personal Data").
These Terms and Conditions of Use and the Privacy Policy may be updated at any time. The Terms and Conditions of Use and the Privacy Policy applicable at the time of using the Site are those you are applicable to you.
We advise you to keep regularly informed of the applicable terms and conditions. You can view the applicable version of the Terms and Conditions of Use or of the Privacy Policy at any time by clicking on the "Terms and Conditions of UseNew window" or “PrivacyNew window” section.
1. Security and Personal Data
The Hermes.com KSA Privacy Policy (see "Privacy Policy") governs the use of any personal information that you agree to provide to us on this website. We may modify or amend the Privacy Policy at any time as provided in the Privacy Policy.
By accessing and/or using the Site and/or any of the Services, you warrant that you are at least 16 years of age, without prejudice to any local law setting a different minimum age. If at any time it is discovered that you are not at least 16 years of age, we shall be entitled to close or suspend any user account registered by you without any liability to you.
2. Intellectual Property
All materials featured on the Site (drawings, designs, models, illustrations, images, sound tracks, texts, logos, trademarks…) are the exclusive property of the Hermès Group. You may not reproduce, by any means or process, totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such materials contained on the Site.
The "Hermès" trademark, the device trademark of a horse and carriage and all other Hermès-related trademarks and logos, whether or not registered, displayed on the Site, 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 whatsoever without prior and express agreement of any entity of the Hermès Group is prohibited.
You may not remove any copyright (droit d'auteur), trademark or other proprietary notice contained on the Site or any content contained therein. You may make a single copy of web pages published on the Site for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright (droit d'auteur) and other proprietary notices contained therein.
3. Linking
The Site may contain links to third party websites that are not published or controlled by us. Such links are provided as a convenience only and cannot, and may not be interpreted as, an express or implied endorsement of such websites, their content or any products or services offered thereon. You must carefully read the terms and condition of such third party links and the Site is not liable for any information provided on these links and you are solely responsible for accessing third party’s links.
You may only provide a link to the Site if expressly authorized in writing by us.
4. Limitation of Liability
We shall not be liable to you or any third party for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits or other indirect losses, arising out of or in connection with your use or inability to use the Site. This limitation of liability shall apply to the fullest extent permitted by law.
5. Disclaimer of Warranty
We do not warrant or represent that:
- the Site is free from viruses, data overwriting programs, trojan horses or other destructive material;
- the information contained on the Site is accurate, complete or up to date.
The Site may contain technical inaccuracies or other defects and we do not warrant that such defects will be corrected. The Site and its contents are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, including without limitation, any implied warranty regarding the usual conditions of use of the Site or the adequacy of the website for a usual or specific use, its quality or compliance with all statutory provisions. This limitation of liability shall apply to the fullest extent permitted by law.
6. Governing law and Jurisdiction
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia.
In the event of any dispute arising out of or in connection with or in relation to the application or interpretation of these Terms and Conditions of Use, either party may by written notice to the other party, undertake to resolve any dispute amicably and in good faith by way of discussion which shall take place within ten (10) days after the receipt of the written notice, except where the parties agree to a different period.
In the event that the parties fail to resolve the dispute amicably within thirty (30) days after the commencement of the discussion, either party may refer such dispute to the competent courts of the Kingdom of Saudi Arabia for resolution, and the parties agree to submit to the exclusive jurisdiction of the courts of the Kingdom of Saudi Arabia in respect of such dispute.
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