Terms & conditions Hiima 

Legal Notice

These Terms and Conditions define the conditions applicable to sales made between those wishing to make a purchase (hereinafter referred to as the “Customer”) through the website http://www.hiima-store.com and the company Sunday Mermaid,Lda registered under Portuguese law, share capital 1 500€, with the head office : Rua Duarte Barbosa, 434, AP 405  4150-282 Porto,  Portugal, intracommunauty VAT n° : PT 514023430. 

 

These conditions apply exclusively to non-commercial individuals.

 

Publisher

Sunday Mermaid, Lda

Rua duarte Barbosa, 434 AP 405

4150-282 Porto - Portugal

Contact : Hiima@hiima-store.com

Intracommunity VAT n°: PT 514023430.  

 

Publishing manager and head editor is Coralie Godec

 

Host

1&1

7, places de la gare,

BP 70109, 57201 Sarreguemines Cedex,

+33970808911.

 

Orders

Access to the website is public and free of charge for any web user. Logging on to the website implies the acceptance of these terms and conditions by any web user.

 

The order implies irrevocable acceptance of these terms and conditions. These conditions of sale are subject to change; the applicable conditions are those in effect on the website www.hiima-store.com at the time of purchase.

 

Steps of the order

Order

The customer may select one or several products and add them to the shopping cart. When the order is complete, the customer may access their shopping cart by clicking the button provided for this purpose.

 

Validation of order by the customer

When checking the shopping cart, the customer may verify his/her products, number of items, colour and unit and global price. He/She may delete one or several products from their shopping cart. 

If satisfied, the customer may validate the order. The customer will proceed to a form in which they will have to enter their personal information.

When the customer is creating their account, he/she will have to be careful to indicate or amend the details entered to reflect the correct personal information in their account.

If the incorrect deliver address is provided, Sunday Mermaid will not be responsible for the wrong delivery of the parcel. 

 

Payment by the customer

After completion of the order form, the customer is redirected to the secure payment interface.

The data recorded and kept by Sunday Mermaid constitutes as proof of the order and all previous transactions. 

 

Order confirmation by Hiima-store.com

All successful orders are processed.

After successful payment transaction, an order confirmation email will be sent to the Customer with the reference order number.

Sunday Mermaid will send by email to the customer an invoice after each payment.

Once the parcel is sent, the Customer will receive an email with the parcel tracking number.

 

Product availability

Sunday Mermaid is committed to fulfilling orders received on the website within the limits of the availability of stock. If there is unavailability of one or more product(s) ordered, Sunday Mermaid agrees to promptly notify the Customer in order to propose some other options (refund or order another product).

 

Prices

Prices are indicated in euro.

The applicable prices shall be those shown on the website at the time of purchase.

The prices indicated include all taxes for France. Certain countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending on the legislation of the country.

The products are payable on the day of the order.

Sunday Mermaid, Lda, reserves the right to modify its prices at any time.

Delivery

Delivery areas

Products will be sent to the delivery address indicated by the Customer during the check-out process.

If the address is not correct or if there are some information that are missing, if the carrier has to send it back the parcel, we will ask the customer to pay these extra-cost.  

Deliveries are carried out by UPS, DHL, Fedex, from Monday to Friday, depending on the best options available in terms of delivery times.

Free delivery for these countries :
Mainland France, United Kingdom, Germany, Spain and Portugal, Netherlands, Belgium, Austria, Luxembourg, Monaco, Sweden, Italy, Denmark, Finland, Bosnia, Bulgaria, Estonia, Greece, Hungary, Latvia, Lithuania, Macedonia, Moldavia, Romania, Servia, Slovenia, Slovakia.

For all the orders, the shipment price will be always indicated before the validation of the order.

 

The prices indicated include all taxes for France. Certain countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending on the legislation of the country.

The products are payable on the day of the order.

Sunday Mermaid, Lda, reserves the right to modify its prices at any time.

 

 

Delivery time

Pre-order

For the product available only in pre-order it will be clearly specify on the product page, the delivery date will be also specify before order.

The payment will be done when you place the pre-order.

Products that would not be suitable for a buyer for a size issue can be returned for a credit note.

The right of withdrawal and therefore the refund does not apply for products in pre-orders, because the article has been produced taking into account the particularities (including the size) of each buyer and the right to retract cannot be practiced for the pre-order product.

Some products or order volumes can justify a longer delivery time. Customers will be informed in these cases.

 

Classics Orders

Sunday Mermaid will ship the orders for France, Germany, United Kingdom, Spain & Portugal within a maximum of 12 (twelve) business days. For all other zones shipping will take a maximum of (twenty) business days. Delivery times calculated from day after order is placed. Some products or order volumes can justify a longer delivery time. Customers will be informed in these cases.

 

 

 

Damaged parcel

In the event of the delivery of an evidently and visibly damaged package, the Customer shall be responsible for refusing it in order to enjoy the guarantee provided by the carrier. Furthermore, the Customer shall inform the seller without delay, in order for the latter to prepare a new package, and to ship it upon receipt of the returned damaged package. In such cases, the above delivery times no longer apply. No complaint shall be taken into consideration after 3 days from the delivery.

At all events, any complaint regarding delivered packages shall only be taken into consideration if the Customer made a damage claim to the carrier in accordance articles L.I33-3 & subsequent of the French Commercial Code.

 

Return & Refund

In accordance to the article L.121-21 of the Consumer code, the customer has a period 14 days (from the delivery date) to assert his right of withdrawal without having to give any reason. The period from the starting point is the date of receipt of the Order by the Client or by third party designated by him. If the 14-day period expires on a Saturday, Sunday or a holiday, it is extended to the next business day.

Beyond these 14 days, the sale is final. 

To exercise his right of withdrawal, the Customer must notify Hiima its decision to withdraw before the deadline by sending an email to Hiima@hiima-store.com and giving us the following information (name of customer, order number, order date and the products they wish to return.).

Sunday Mermaid is committed to responding to each request within a short period of time and will guide the customer on what steps to follow to return the package.

The Product has to be returned in its original condition (unworn, undamaged, not soiled, with the original plastic under the sole) and must not have been the subject of prolonged use (beyond the time needed to test). They must be returned in their original packaging with any accessories.

The return cost is the responsibility of the Customer and is done at the Customers risk.

Upon receipt of the package, Sunday Mermaid will judge the state of the returned merchandise. No returns will be accepted and no refund will be made if the returned products have been visibly used or damaged by the Customer therefore rendering the product unfit for sale.

If returned respecting the conditions mentioned above, Sunday Mermaid will refund goods no later than 30 days after the return of the goods. This refund will be issued via the same payment method used for the initial payment.

Resolution of the contract by the customer’s initiative

Customer may terminate the contract by sending a registered letter with acknowledgment of receipt if the delivery deadline is exceeded for more than 7 days.

The customer shall be refunded of the sums incurred by the order.

This clause is not intended to apply if the delay in delivery was due to force majeure.  In such cases, the customer commits not to prosecute Hiima-store.com and waive the cancellation of the sale provided by this article.

Returns are free for all European Union countries

For the others countries, the return cost is at the charge of the customer, once he will inform Hiima about the return, Hiima will give the Portuguese address to return the parcel. 

We advise the customer to keep a proof and the tracking of the parcel until the refund. 

 

In the event that a product has been ordered via a voucher offered by Hiima brand (during a contest) and the customer wants an exchange, the return and the costs of the second shipment will be charged to the customer. customer. Only the first shipping cost will be offered by the brand.

 

When a product is purchased on promotion, the shipping costs will be offered, however in case of exchange or refund request, the return costs of the product (s) will be borne by the customer, as well as sending a second product.

 

Intellectual property

The Website’s contents (pictures, texts, database…) property of www.Hiima-store.com, are protected by copyright and database law. Any partial or full representation, reproduction, translation, adaptation or transformation, carried out unlawfully and without the consent of www.Hiima-store.com constitutes a violation of the codes of the Intellectual Property.

The contents are published on the Website for information purposes, without any guarantee of their accuracy. www.Hiima-store.com shall not be held liable for any omission, inaccuracy or any error in the information which may cause direct or indirect damage to the Customer.

 

Liability

The company Sunday Mermaid, has, for all stages of access to the website and the ordering process an obligation of means. Responsibility for the company cannot be held for any force majeure or customer’s fault:

 

Force majeure:

Consider a force majeure enforceable to the Customer, any impediment, limitation or disturbance of the Service due to fire, earthquake, explosion, epidemic, power failure, flood, embargo, war, failure attributable to the internet service provider, collapse of the facilities, fluctuations in available bandwidth, unlawful or fraudulent use of passwords, code or references provided by the Customer, failure of transmission networks, online piracy, law injunction, security breach attributable to the Website's host or to developers, request or requirement from any government, requisition, strike, boycott or other circumstances beyond the reasonable control of Hiima-store.com. In such situations, Hiima-store.com shall be relieved of performing their obligations, within the period of the disturbance.

 

Customer’s fault

Consider the Customer’s fault enforceable any misuse of the Product, negligence, omission or failure attributable to the Customer or his attendants, non-compliance with the advice given by Hiima-store.com on its Website, any disclosure or unlawful use of the password, codes and references of the Customer, as well as provision of false information or not keeping up-to-date in the personal space.

In addition, Sunday Mermaid’s company cannot be held responsible in case the order does not lead or is prevented from meeting any of its obligations for a force majeure as defined in the case law, in particular in a strike or bad weather preventing the delivery of the order.

 

Damages at the expense

Hiima-store.com’s liability shall be limited to direct, personal and certain damage suffered by the Customer and related to the failure involved. Hiima-store.com shall not be held liable for indirect damages such as loss of data, commercial prejudices, loss of orders... Similarly, and within the same limits, the amount of damages at the expense of Hiima-store.com shall not, in any event, exceed the price of the ordered Product.

 

Legal Guarantees

Customers have a legal guarantee of delivery in conformity with the order (article 1604 of the French Civil Code), a legal guarantee against latent defects (articles 1641 and seq. of the French Civil Code) and a security guarantee (articles 1386-1 and seq. of the French Civil Code).

Customers having the status of consumers have a legal guarantee of conformity (articles L. 211-1 and seq. of the French Consumer code).

Warranty is excluded in case of damages of external origin or consequential to misuse, improper handling, neglect or lack of maintenance by the Client, as in the case of normal wear and tear

 

– Article L217-4 of the Consumer Code

The seller must deliver goods comply with the contract and liable for defects of conformity at the issue (…).

 

– Article L217-5 of the Consumer Code

To comply with the contract, the product must:

1º Be suitable for the purpose usually of a similar property and, where applicable, match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model; The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

2º : or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.

 

Article L217.7 Consumer Code

The lack of conformity which becomes apparent within twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proved otherwise.

The seller can rebut this presumption if it is not compatible with the nature of the good or the defect invoked compliance.

 

Article L217-9 Consumer Code

In case of lack of conformity, the buyer chooses between the repair and replacement of the property. However, the seller may not proceed according to the buyer’s choice if the choice involves a manifestly disproportionate cost in relation to the other terms, given the property value or importance of the defect. It is then required to make, where possible, according to the modality chosen not by the purchaser.

 

Article L211.10 the Consumer Code

If repair and replacement, are impossible, the buyer can make good and get refund the price or keep the property and to the return of part of the price.

The same right is given to him:

1. If the requested solution, proposed or agreed pursuant to Article L.217-9 cannot be implemented within the period of one month following the claim by the buyer;

2. Or if that does can be without major inconvenience to it in view of the nature of the property and use that research.

The resolution of the sale cannot however be imposed if the defect is minor.

Article 1641 of the Civil Code: The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not acquire, or would have paid a lower price if he had known.

The guarantor of the defects of the thing sold is Sunday Mermaid, Lda whose office is located Rua Duarte Barbosa, 434 AP 405 – 4150-282 Porto- Portugal. When acting legal guarantee of conformity, the customer has a period of two years from delivery of the product to act, can choose between repair or replacement of the property, subject to conditions laid down cost Article L. 211-9 of the Consumer Code, is conducted to prove the existence of the lack of conformity of the property during the 6 months following delivery of the goods. The legal guarantee of conformity applies regardless of whether commercial guarantees could be granted.

The customer may decide to implement the guarantee against hidden defects of the thing sold pursuant to Article 1641 of the Civil Code and can choose between canceling the sale or reduction of the purchase price in accordance with Article 1644 the Civil Code.

 

Defective product

In the event of the customer finding a manufacturing defect (Product delivered is different than the product ordered or presence of a defect on the product), he shall have three days upon receipt of the good to send an email to Hiima@hiima-store.com with the evidence of the existence of the defect.

Following this email, Hiima-sotre shall specify how to proceed.

In the event of a return, the product shall be returned in its original box, optimally protected, unused, undamaged, not soiled, with the protection film still under the sole (not damaged or soiled). The return shall only be possible if the customer attaches a letter to the package setting out the reasons for the return.

Return postage fees shall be borne by the customer and if the defect is confirmed by Sunday Mermaid, the customer will be contacted to proposed or the refund (of the product and the shipping cost) or to change the product.

If the customer, does not respect the process of return, it will not be possible to issue an exchange or refund.

 

Litigation

These terms and conditions are subjected to the application of the Portuguese & French law.

In case of dispute, Sunday Mermaid and the customer attempt to resolve it amicably.

 In case of failure of the transaction, the competent court in cases of dispute will be the domicile of the defendant.

 

Personnal data and cookies

According to the law of 6 January 1978, users have a right to access and correct data concerning them.

Hiima-store.com has been the subject of a declaration to the National Commission for Data Protection in Portugal, registered under the no 2481/2017.

All the account information is only used in the context of your business relationship with www.Hiima-store.com. This information is never shared with third parties or resold

According to the RGPD, visitors to the site have the right to access their data, to be "forgotten" (to be permanently deleted from our databases) and to modify their data. You can send us an email directly to Hiima@hiima-store.com to have all the information about your data. 

In order to ensure an optimum browsing quality on the Website and a better operation of the various interfaces and applications, www.Hiima-store.com may use some cookies. They are used to save Website browsing information (date, page, time), as well as data entered by Web users during their browsing (search, login, email, password). These cookies shall be retained on the Web user's computer for a flexible period of time up to 1 month, and may be read and used by Hiima-store.com in the event of a subsequent visit on the Website by the Web user.

The Web user may block, modify the retention period or delete these cookies via the browser's interface. In such a case, browsing quality on the Website shall not be optimized. If the systematic cookies deactivation on the Web user's browser prevents him from using some services, this failure may not, in any event, constitute a prejudice for the Web user which shall not be entitled to claim any compensation.

 

Customer service

For any request and questions, our customer service is available and will reply to you in a short delay.

–email : Hiima@hiima-store.com

 
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