General Terms and Conditions

2.1.  Acceptance of our reservation conditions

Any reservation made by phone or on the BERTH.hk website implies the prior and full acceptation of these reservation conditions. 

For any reservation made by phone, you must confirm verbally that you have read and accepted these general terms and conditions of sale, preliminary to reservation service of BERTH products. Otherwise, you will not be able to make a reservation. 

BERTH seller reserves the right to adapt or modify these general terms and conditions of sale at any time. The applicable conditions are those in force on the day of reservation. The reservation service is offered free of charge. 

In order to fulfill your expectations at best, the list of products offered on the BERTH.hkwebsite and/or in store for reservation is subject to change at any time depends on the availability of our products.

The available products will be indicated to you:
- for reservations by phone, after telling the operator the store of your choice;
- on the website by selecting the store of your choice.

The information relating to the availability of products comes directly from our stores/warehouses and may exceptionally be inaccurate if there is a change in our stocks. You will be notified of any changes as soon as possible.

2.2. Confirmation of the reservation

Once you have chosen a collection point, checked the details of your reservation, the total price and validated all the general terms and conditions of sale, you will receive a call, email or text message from BERTH seller confirming that your reservation has been registered. All reservations will receive a confirmation email.

In the exceptional event of a stock shortage, BERTH seller may cancel the reservation and will inform you by phone or email at the earliest opportunity.

2.3. Time limits for the availability of products and duration of the reservation's validity

Any reservation made outside the opening hours of the BERTH stores will be processed on the next opening day.

You will be notified about the availability of your reservation by call or email according to the contact details provided at the time of booking.

Exceptionally, BERTH seller may have to change the time or date for the collection of the initially planned reservation. BERTH seller will inform you of any changes to the availability of reserved products.

2.4. Collection methods

To collect and pay for your product, you will need to provide ID and/or your reservation number.

If you want someone else to collect and pay for the product, this person will need to provide:
·       The email or text message informing you about the availability of your reservation.

BERTH seller retains full and entire ownership of the reserved products until the full payment of the products. The risks involved with the products are transferred to you at the time of the product's collection.

2.5. No right of withdrawal 

The sale made in store with the reserved product does not constitute an online sale. Your purchase will be subject to the general conditions of sale applicable to the store that made the sale. Therefore, you do not benefit from the right of withdrawal provided by the Consumer Code in the context of distance selling.

For any question related to our products and your orders, you may contact our customer service (“Customer Service”) by clicking on the "Contact us" hyperlink or by phone at +44 (0)20 7098 1888 from Monday to Friday (except public holidays). 

The Website may be used to order a selection of BERTH branded products (hereafter the “Product(s)”) from BERTH seller, directly online via the Internet for delivery to the worldwide.
You may also place your order by phone by contacting our Customer Service. 

The Website does not permit the placing of special orders that notably consist in the creation of a product that does not exist in our current range of products, or is no longer in the BERTH collection, a bespoke product or the adaptation or customization of a product from BERTH collections, and the manufacturing of the latter by BERTH seller. These Terms and Conditions of Sale therefore do not apply to special orders. For any special orders, please contact our Customer service. 

4.1 Services related to pre-orders

Pre-orders allow customers to reserve certain Products advertised on the Website before their release date (hereinafter "pre-orders" or "pre-ordered Product").

4.2 Availability of Products

Product offers are valid while stocks last. At the time of validation of the order, there may be a difference between the stock available electronically and the existing physical stock (for example in the case of simultaneous orders for the same product by several customers). The sale is therefore conditional on the availability of the Products in stock.
In addition, BERTH reserves ownership of the Products until receipt of the Products in accordance with the provisions of article 7 below. 

The availability date of the pre-ordered Product will not be explicitly indicated on the Product form. If the availability date changes, you will be notified immediately by email and/or on your client account. If a Product is unavailable after ordering, we will inform you of such unavailability by email or by phone as soon as possible.

We shall not be held liable if Products are out of stock or unavailable.

We reserve the right to change the Products offered on the Website and/or by phone at any time and without any prior notice. In order to improve our quality service and ensure greater availability of our Products for all customers, we reserve the right to limit the number of Products which can be purchased per customer.

5.1. Order procedure on the Website

a)        Selecting Products

You may at any time add Products to your selection by clicking on "Add to cart" and choose to complete your order or continue shopping.

You may view your selection by clicking on "Cart" in the menu on the top right-hand side, where photograph(s) of the Product(s), colour and reference number(s), the quantity selected, unit price(s), and the subtotal for the selection will be displayed.

b)        Login

Once you have selected the Product(s), click on "Checkout" to begin the process of placing your order.

If you already have a customer account, you will be required to log in and enter your password at this stage. If you do not yet have an account, you will be prompted to create one by confirming your email address and subsequently creating a password. Your login and password are strictly for personal use. Consequently, you undertake to store them safely and never disclose them to third parties. You may be held liable for any loss, theft or fraudulent use of your customer account if you have not taken reasonable care; and you must inform BERTH immediately if you become aware of any third-party gaining access to your login, password or account.

Once you have created an account you will be able to:

-           monitor your deliveries and view your order history;
-           return or exchange Products;
-           add or edit your delivery and billing addresses for future orders;
-           manage your subscription to the BERTH newsletter.

You may have your account deactivated at any time by sending an email to the Customer Service (see section “3. Ordering Methods”)

5.2. Order confirmation for Website orders

5.2.a) Confirmation of shipping method

You will be required to confirm the shipping method and to enter the delivery details needed to ship your order successfully: shipping country, title, surname, first name, phone number, delivery address (or the store in which you intend to collect your order, if this service is offered by stores in the selected shipping country - see the section "8.1 Delivery and Collection Area" below), and such other information or details as may be required by us.

Once you have completed this step, click “Continue”.

5.2.b) Confirmation of payment

You may use your delivery address as your billing address or enter a different address. You will then be invited to select a payment method (please see article 6 “Prices – Accepted Methods of Payment”) and to enter the relevant information.

At the end of the ordering procedure described above, once you have accepted in their entirety the Terms and Conditions of Sale and Use herein and the Privacy Policy for the Website, click the "Order and pay" button.

To confirm a pre-ordered Product or any other Product requiring a longer handling time, you must also allow BERTH seller to retain your bank details until the product is dispatched and for a maximum duration of 3 months for the purpose of debiting once your order has been dispatched.

You must carefully check that your selection is correct before confirming your order. While every effort is made to ensure that the colour and design of the Products in the photographs displayed on the Website match those of the original Products, variations may occur, in particular due to colour display constraints on your computer equipment. Consequently, BERTH seller shall not be held liable for any error or insubstantial inaccuracy in the photographs or graphic representations of the Products included on the Website. In the event of queries regarding the Products, you may of course contact our Customer Service.

For more information concerning payment methods (currency, methods of payment accepted, etc.), please refer to the section "6. Price – Methods of Payment Accepted" below.

When finished, your order is transmitted to BERTH seller for processing.

Your order is accepted by BERTH once we notify you in writing that your order has been shipped or that it is ready for collection. The sales agreement between you and BERTH for your order will be formed once we have received it, taken full payment for it and notified you in writing that it has been shipped or that it is ready for collection. If a part or all your order is not available, we will contact you to decide if you want to proceed with the available part of it or if you want to cancel it completely.

BERTH seller reserves the right to not accept any order placed by a customer with whom it has a dispute concerning a prior order, or if BERTH seller has reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent activity, or on any other legitimate grounds.

5.2.c) Order summary

You will subsequently receive an order summary by email (“Your BERTH Order”). This order summary will mention the total amount of the order, details of the shipping cost and delivery time, the essential characteristics, the quantity and the price and of the Products purchased. We advise you to keep the order summary in an electronic format.

You will then receive a shipping confirmation email with the electronic invoice attached. 

We make every effort to ensure that our communications are delivered to you in a timely manner. However, it is possible that some emails are qualified as “spam”. Therefore, we advise you to check your Spam folder if you have not received the shipping confirmation email.

5.2.c) Order summary

You will subsequently receive an order summary by email (“Your BERTH Order”). This order summary will mention the total amount of the order, details of the shipping cost and delivery time, the essential characteristics, the quantity and the price and of the Products purchased. We advise you to keep the order summary in an electronic format.

You will then receive a shipping confirmation email with the electronic invoice attached. 

We make every effort to ensure that our communications are delivered to you in a timely manner. However, it is possible that some emails are qualified as “spam”. Therefore, we advise you to check your Spam folder if you have not received the shipping confirmation email.

BERTH seller shall retain the document that embodies the contract entered into electronically between BERTH seller and a customer for a period starting from the conclusion of the contract until the date of delivery of the product and for a period of ten years from this date. You may access this document at any time upon request to the Customer Service, and upon proof of your identity.

5.3. Order procedure by phone 

You may place an order for a Product by calling our Customer Service (see section “3. Ordering Methods”). To place an order, you will need to provide the following information (“Order Details”):
-    Product details: the name and/or reference number of your requested Product, the quantity required and, if applicable, the colour, size, material, finish and any other identifying information we require; and 
-    Personal details: your title, first name, last name, telephone number, email address, delivery address and if necessary, the billing address.
We will tell you if the requested Product is available and, if so, the purchase price of the Product, the estimated collection or delivery date and any delivery charges. Please ensure that the shipping information you provide is correct as this information will appear on the shipping label. Incorrect information may result in the delay or loss of your order. BERTH seller is not responsible for replacement or refund if the information you provided is incorrect.
If you choose to proceed with the order, you will receive an email or a text message (depending on the method of communication you choose) containing a link to an external payment platform. Simply click on the link to be redirected to the payment platform, where you will find a summary of the Order Details and purchase Price (“Order Data”). Before making the payment, you must verify the accuracy of the Order Data.The payment link will be valid same day after we send it to you. 
Concerning the payment method accepted, you can refer to article 6 “Prices – Accepted Methods of Payment”, being specified that we are unable to accept PayPal, and Apple Pay payments for phone orders.

Once you have confirmed the Order Data, provided your full name, payment details, accepted these Terms and Conditions and the BERTH Privacy Policy, you can proceed with the payment for the order by clicking on the “Pay” button. BERTH will not have access to any bank details. 

Once the payment is made, you will receive an order summary. We recommend that you keep this email. BERTH will then process your order.
The Order Summary is not a confirmation of acceptance of your order by BERTH seller. Your order is accepted by BERTH once we notify you in writing that it has been shipped or that it is ready for collection. The sales agreement between you and BERTH for your order will be formed once we have received it, taken full payment for it and notified you in writing that it has been shipped or that it is ready for collection. If a part or all your order is not available, we will contact you to decide if you want to proceed with the available part of it or if you want to cancel it completely. 

The Product will be shipped to the shipping address you indicated when you placed your order. You will receive a shipment confirmation email. BERTH will inform you at the time of your order if the Product can be delivered at the delivery address that you requested. Please ensure that the shipping information you provide

6.1. Prices

The prices of the Products are in HKD, exclusive of taxes. Except in the cases of reimbursement issued i) within the context of exercising the right of withdrawal or ii) due to lack of conformity and hidden defects, BERTH seller will not reimburse the VAT applied on the purchases made on the Site (even in the event where the buyer, after receipt of the Products, re-exports them to a country located outside the European Union).

BERTH seller reserves the rights to amend the prices of the Products on the Site at any time and without any prior notice. Products are invoiced on the basis of a price list posted on the Site at the time of your order, subject to the availability of the Products ordered at this time.

All orders are payable in HKD and must be paid for immediately at the time of ordering. If any of the ordered Products are unavailable (see Section 4 "Product Availability"), only the price and the shipping costs of the available Products will be charged.

6.2. Methods of Payment Accepted

6.2.a) Payment by credit card or debit card

We accept payment by the following credit cards and debit cards: Visa®, Mastercard®, Maestro®, American Express®, JCB® and CUP®. Payments by debit card are authenticated and secured thanks to the 3D Secure. This system is also known under the names of "Verified by Visa®", "MasterCard® SecureCode" or "American Express SafeKey®". During payment, the bank asks the Internet user for his/her personal information in order to check the identity of the card holder and to validate the transaction.

How to pay with 3D Secure at BERTH.hk:

After validation of your banking details (card number, expiry date and card verification number), a new page will be displayed on which you have to enter the personal information requested by your bank. This information can be:
- the answer to a personal question;
- a password you have previously chosen;
- a code sent by SMS;
- your date of birth.

Once the 3D Secure is entered and validated by your bank, your order is complete. You will then receive a confirmation email.
Authentication is specific to each bank. For any questions concerning your 3D Secure, please contact your bank directly.
Your order will only be dispatched after your payment method has been verified and upon receipt of your card's debit authorisation.
Your account will only be charged when the Products are dispatched.

6.2.b) Payment by PayPal

We accept payments through PayPal except for phone orders and pre-orders. When completing your order, you will be automatically redirected to the PayPal platform in which you will need to log in to your account. If you don't have a PayPal account, you will be able to create one. After the validation of your order with PayPal, you will be redirected to the confirmation page of BERTH.hk. Additional delivery time may be required for orders completed using PayPal. We are unable to accept PayPal payment for telephone orders and/or exchanges.

6.2.c) Payment by Apple Pay

We accept payments through Apple Pay (except for phone orders and exchanges). This method of payment is compatible with Apple devices on which you have entered your information in the Apple Pay application.

When you select "add to cart", the Apple Pay option will appear on the page of the product added. You must select the Apple Pay button then  (i) accept the BERTH General Terms and Conditions of Sale, (ii) using the information you entered in your Apple account, agree to create a customer account if you do not already have one, and accept the Hermes Privacy Policy.

For more information, please refer to our Privacy Policy.

Before confirming the payment, please verify that the information linked to your Apple account is correct, in particular the delivery address provided. BERTH seller will not be responsible for replacement or refund of the Products if the information provided on your Apple account is incorrect.

You must then confirm your order using the Touch ID or by entering your login details and the password to your Apple account.

When completing your order, you will be redirected to the confirmation page of BERTH.hk.
-    If you have a BERTH customer account, your order will automatically be linked to your account.
-    If you do not already have a Hermes customer account, you will receive an email confirming the creation of your account. You will then receive a link to set a password for your customer account.

6.2.d) Store credit

Store credit issued by BERTH stores and gift cards issued by BERTH stores cannot be used to purchase Products on the Website.

The Products ordered remain the property of BERTH seller until full payment for the Products has been received by BERTH seller.
However, you assume the risks (in particular regarding loss, theft or damage) relating to the Products from the moment they are delivered to the address specified when placing your order (in case of delivery to a postal address) or from the moment of collection at the Store (in case of in-store collection).

Any failure to deliver, late delivery, unavailability or delay in availability of your Products in store, exceeding the delivery times stated in Section 8.3 must be reported to our Customer Service as soon as possible. No claims notified to us more than thirty (90) calendar days from the date of confirmation of your order will be taken into account.

In the event of failure to adhere to the delivery time, you can cancel the order by contacting the Customer Service (see section “3. Ordering Methods”).

BERTH seller shall be bound to reimburse you the full amount paid, at the latest within fourteen (14) days of the date of the termination of the sale contract. However, if you receive the Product after having exercised this right, you must return it in accordance with the return procedure indicated in Section 10 below.

You should check any lack of conformity in the Products at the time of delivery and, if any anomalies are found (e.g., open package, damaged goods, etc.), we recommend that you handwrite any reservations on the delivery note, and sign it.

You should then contact the Customer Service (see section “3. Ordering Methods”). If the goods do not conform to your order or you are not satisfied with them, you may return them or ask for an exchange or a refund pursuant to the terms and conditions set forth in section "10. Right of Withdrawal – Returns, Exchanges and Refunds".

10.1. Right of withdrawal and withdrawal period

You have a legal right of withdrawal of your order under applicable law, without having to provide reasons and without having to pay any penalties.

The general refund policy of BERTH seller allows you to withdraw within thirty (7) days from the date of delivery of the Products if product damaged having to provide reasons. Beyond this time, you will no longer be able to exercise your right of withdrawal.

10.2. Procedure for exercising your right of withdrawal

We offer you the option to fill out and submit a notification of withdrawal online by logging in to your customer account. You will promptly receive email confirmation of your withdrawal.

You may also, within the thirty (30) days withdrawal period indicated above, send your withdrawal notification by contacting the Customer Service (see section “3. Ordering Methods”).

10.3. Restrictions on the right of withdrawal

For health and safety reasons you may not exercise your right of withdrawal on orders of fragrance, makeup and beauty Products that have been opened, unsealed or used (including when the outer transparent film has been removed), except when the products are returned because they are defective.

10.4. Consequence of the right of withdrawal

In the event the product does not comply with your order or in the context of your right of withdrawal, you may ask for an exchange or refund of the Product(s) purchased under the conditions set out in Section 11 below.

11.1. Returns to the BERTH.hkWebsite

11.1.a) Procedure for return free of charge

When exercising your right of withdrawal, Products must be returned in their original packaging (the package box and, if possible, the delivery box), together with their purchase invoice or a copy of it in case of a partial return. You are responsible for any reduced value of the Product resulting from handling by you beyond what is necessary to establish the nature, characteristics and functioning of the item i.e. handling it only as you would in a retail store. We may make a deduction from the refund below for loss in value to the Product if that loss is the result of unnecessary handling by you.

Returning a product for exchange or refund is free of charge. In order to do this, you must return the Products to us via our carrier, within a maximum of thirty (7) days of your notification of withdrawal, by using our system of pre-paid return labels. Log in to your customer account and click on "return or exchange items" in the "Your orders" section.

Follow the instructions in order to:
- select the Products to return as well as the reason for the return;
- select your shipment method ;
- give both the parcel and proformas to the courier collecting your return.

Please contact our Customer Service which will record your return request. You can then return your product to the address communicated by our Customer Service within a maximum of thirty (30) days.

In this case, you are solely responsible for the return of the Products and we will not be responsible for the loss of Products in transit, shipping to the wrong address or delayed delivery of the Products. We strongly recommend that you subscribe the insurance offered by the carrier of your choice and covering the value of the Product.

In the event of an exchange, the standard shipping costs for the first shipment will be refunded and you will be charged for the costs of the second shipment on the basis of the shipping method selected.
Under no circumstances will it be possible to grant you an electronic credit note for use on the BERTH.hkSite, nor will the Site issue any store credit for use in a BERTH store.
We do not currently offer the option of exchange or refund via the Site for Products purchased in BERTH stores.
For any questions, please contact our Customer Service.

11.1.b) Exchange

When requesting an exchange, please indicate in the allocated field the Product(s) you wish to receive in exchange for your order.
Should you wish that the chosen product(s) be reserved for you, please contact our Customer Service. 

If the amount of the Product(s) selected in replacement is greater than the amount of the Product(s) returned, you will have to pay the price difference by card using our secure payment service. Please note that we are unable to accept PayPal and Apple Pay payments for payment of any price difference following an exchange.
If the amount of the Product(s) selected in replacement is less than the amount of the Product(s) returned, BERTH seller will refund the price difference (as a reminder regarding gifts, only the customer having purchased the gift may ask for a refund and have his/her bank account recredited) in accordance with these Terms and Conditions of Sale.
If you ask for an exchange of Products, the shipping costs for the first shipment will be refunded, but you will be charged for the costs of the second shipment on the basis of the shipping method selected.
Please note that the product(s) will be exchanged within seventy-two (72) working hours of receipt.

11.1.c) Refund

If a refund has been requested, the product(s) will be refunded within (a) seventy-two (72) working hours of receipt of the returned good, or (b) fourteen (14) days after the day you provide evidence that you have returned the product(s). You will be sent a confirmation email. The refund, including the delivery costs of the initial order, shall be issued via the same payment method used for the order and in the same currency used by the client when paying for the order. 

Please note that your bank may take up to ten (10) business days to issue a refund to your card, depending on processing times. This may vary among card issuers; we have no control over this process or the corresponding processing times. In any event, you will not incur any fees as a result of the refund but we may withhold the refund until we have received the Product back or you have supplied evidence of having sent back the item, whichever is the earliest.

11.1.d) Gifts ordered on the BERTH.hk Site

Third-party recipients of gifts ordered on the Site may only exchange the Products via the procedure for return to the Site. Consequently, only the customer having purchased the gift may ask for a refund in the context of the right of withdrawal (insofar as it is only possible to recredit the bank account of the person having ordered the product).
Otherwise, only an exchange for a Product of an equivalent or greater value (the difference in price must be paid by the recipient of the gift) is possible. The third-party recipient should contact our Customer Service which will log the exchange and issue the pre-paid return label by email.

11.1.e) (i) Conditions for returning belt kits

If you have purchased a belt kit comprising a belt strap and buckle, the item can only be returned or exchanged as a complete set of leather strap plus buckle.

11.1.e) (iv) Conditions for returning BERTH shoes

Shoes must be tried on clean, dry and non-abrasive surfaces to prevent irreparable damage to the soles and or any part of the shoe. Failure to do so may result in non-acceptance of return.

11.1.f) Returns & exchanges for PayPal orders

If you ask for an exchange for an order completed with PayPal, your credit card details will be required if the amount of the new exchange order is higher than the initial order, any additional amount owing can only be paid by credit card. We are unable to accept PayPal payment for the additional amount owed to complete the exchange order (BERTH.hk is unable to access personal PayPal information). If the amount of the new order equals the initial order, no credit card information/payment will be required.
If you ask for a refund, your PayPal account will be credited the original purchase amount, excluding any shipping costs.

11.1.g) Returns & exchanges for Apple Pay orders

If you ask for an exchange for an order completed with Apple Pay, and if the amount of the new exchange order is higher that the initial order,  only bank card payments will be accepted. The details of your bank card will be required to complete the purchase.
If you ask for a partial or total refund, your Apple Pay account will be credited the original purchase amount.

An after-sales service is provided for any product that is technically repairable. For any repairs, please contact our Customer Services.

BERTH seller cannot guarantee a period of availability for spare parts required for the use of Products. Nevertheless, BERTH seller will do its utmost to satisfy its Customers in the event that one or more parts is requested.

These Terms and Conditions of Sale are governed and construed in accordance with government law. However, these Terms and Conditions shall not preclude compliance on the part of BERTH seller with a provision that is more favourable to the customer, and which shall apply in full by agreement, under the law where the customer has their habitual residence.
In the event of a dispute related to fulfilment of an order, you may have recourse to a conventional mediation procedure or to any other alternative procedure for settlement of a dispute.  

If your complaint is about a product, our Website or anything else, please contact our Customer Service (see section “3. Ordering Methods”).