Terms and Conditions

I- Legal notices

These General Conditions of Sale define the sales conditions between persons wishing to make a purchase (hereinafter referred to as the "Customer") via the website http://www.Hiima-store.com and Sunday Mermaid, Lda, a company incorporated under Portuguese law, with a registered capital of € 1,500 and the headquarter based in Rua Duarte Barbosa, 434, 4150-282 Porto, Portugal, whose intra-community VAT number is PT 514023430.

 

These general conditions of sale only concern non-commercial individuals.

 

Site Editor:

Sunday Mermaid, Lda

Rua duarte Barbosa, 434 AP 405

4150-282 Porto - Portugal

Contact : Hiima@hiima-store.com

Coralie Godec is the web-editor and legal representative of Sunday Mermaid, Lda whose intra-community VAT number is PT 514023430.

Host

1&1

7, places de la gare,

BP 70109, 57201 Sarreguemines Cedex,

+33970808911.

 

II- Orders

The website access is free to any Internet user. The mere connection to the website will entail full acceptance of these terms and conditions

 

An order implies irrevocable adhesion to these terms and conditions of sale.

These terms and conditions may be subject to change, but the applicable conditions are those in the website http://www.hiima-store.com when the order is placed.

 

Order steps

Order

The Customer may select one or more products and add them to the shopping cart by clicking once on "add to cart". When the order is complete, he can access his basket by clicking on the basket button.

Order validation by the client

By consulting his basket, the Customer can check the products, the number, the color he has chosen. He and can see the unit price and the overall price. He will also be able to remove one or more products from the basket.

If the order suits him, the Customer will be able to validate it. He will then access a form on which he can enter his personal information.

When creating an Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In case of address details error, Sunday Mermaid can not be held responsible for delivery failure.

 

Customer payment

Once the form is completed, the customer will be asked to make his payment by being redirected for this purpose on the secure payment interface. The data recorded and kept by Sunday Mermaid is proof of the Order and all past sales. Sunday Mermaid does not resell any of the collected data.

Order confirmation by Hiima-store.com

Any order is taken into account only after acceptance of the payment.

After acceptance of payment, a confirmation email indicating the number of the order will be sent to the Customer.

In order to preserve the environment, no invoice / packing slip will be included in the package.

When sending the order, an email will be sent to the Customer with the tracking number of the package and the invoice corresponding to the order.

 

III- Product availability

Sunday Mermaid undertakes to honor orders received on the website only within the limits of available stocks of products. In the absence of availability of one or more product (s) ordered, Sunday Mermaid agrees to inform the Customer as soon as possible to propose a solution (refund or order of another product).

 

IV- Price

The prices of the products are indicated on the website in euros.

The applicable prices are those displayed on the Site on the day of the order.

All prices of the products are indicated all taxes included in France. Some non-EU countries may be subject to additional fees (customs duties, taxes) depending on the legislation of their country. These taxes may apply to your order once it has arrived in your country. Hiima can not predict them because it is not responsible for paying these surcharges or customs procedures. Hiima recommends that you contact your local customs office to receive additional information.

The price has to be paid once and full. 

Sunday Mermaid, Lda, reserves the right to change prices at any time without notice.

Gift vouchers obtained during promotional campaigns can not be used during the period of sale or private sales.

V- Delivery

Delivery areas

The products will be sent to the delivery address indicated by the customer during the order process or in an access point located near the house. The access point choice can be made by Sunday Mermaid, if it determines that it will guarantee a faster delivery.

Orders placed before 11am from Monday to Friday are dispatched the same day or the next day (with the exception of the launch periods of the collection and not valid for pre-order products).

Orders placed after 11am (even for an express) can only leave the next day or Monday if the order is placed on Friday after 11am. Deliveries are processed by UPS, DHL, FedEx ... Monday to Friday, depending on the best option in terms of time.

Sunday Mermaid can not be held responsible for non-delivery on time (eg during the Christmas period), if the parcel is shipped on time, but the carrier encounters delivery difficulties.

If the delivery address you have entered is not valid and therefore causes a return of the parcel for non-receipt to the address indicated, the cost of return and the new sending of the parcel to the new address will be borne by the customer .

In the case where the parcel is automatically returned to the shipper by the transport company, following the non recovery of the package within the time limit (10 calendar days), these costs of return as well as the expenses of sending will be invoiced to the customer.

We deliver only in Metropolitan France and European Union.

Free shipping for every order above 200 € shipped to:

Metropolitan France, Germany, United Kingdom, Spain, Portugal, Belgium, Netherlands, Luxembourg, Austria, Monaco and Italy; 6 € below this amount.

Free shipping for every order above 300 € shipped to:

Denmark, Finland, Greece and Ireland; 8 € below this amount.

Free shipping for every order above 400 shipped to:

Bulgaria, Croatia, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Romania, Slovenia and Slovakia; 10 € below this amount.

Free shipping for every order above 500 shipped to:

Malta and Cyprus; 15 € below this amount.

For an express delivery in other countries, do not hesitate to send us an email to hiima@hiima-store.com

Delivery time

Pre-order

It will always be indicated when a product is available for pre-order and the estimated delivery date will be indicated on the product sheet. Payment happen when you place the pre-order.

Products that would not be suitable for a buyer for a size problem can be returned for a gift voucher or refund.

As pre-order products are made at the customer's specific request with the size of their choice, Sunday Mermaid reserves the right to accept a return and only propose a gift voucher and not a refund.

Products in stock:

Orders placed before 11am Monday to Friday are shipped the same day or the next day (except for the launch periods of the collection or the delay may be longer.)

Sunday Mermaid delivers orders within a maximum of 12 (twelve) working days for a delivery in metropolitan France and 20 (twenty) working days for an international delivery, this period starting the day after the day of the order validation.

Certain products or order volumes may nevertheless justify a longer delivery period. This will be expressly mentioned to the customer.

 

Resolution of the contract at the client initiative:

The customer may terminate the contract by registered letter with acknowledgment of receipt if the specified delivery period of more than seven days is exceeded. The customer will then be refunded the sums incurred during the order. This clause is not intended to apply if the delay in delivery is due to a case of major forces. In such a case, the customer agrees not to sue Hiima-store.com in court.

 

Damaged package

In case of delivery of a manifestly damaged package, it is the Customer's responsibility to refuse it in order to benefit from the guarantee offered by the carrier. The customer must also inform the seller without delay by email to the address Hiima@hiima-store.com so that a new package is prepared and sent to the receipt of the damaged one. In this case, the delivery times indicated above in these terms and conditions will no longer apply.

If the customer decides to accept the damaged parcel, in any case, no complaint concerning the delivered parcels will be taken into account only if the customer has reservations with the carrier in accordance with articles L.I33-3 and following of the code of trade.

VI- Returns and refunds

In accordance with Article L.121-21 of the Consumer Code, the customer has a period of 14 days from the day of receipt of the products to assert his right of withdrawal. If the 14 day period expires on a Saturday, Sunday or holiday, it is extended until the next business day. Beyond this period of fourteen (14) days, the sale is firm and final.

Pre-order

It will always be indicated when a product is available for pre-order and the estimated delivery date will be indicated on the product sheet. Payment happen when you place the pre-order.

Products that would not be suitable for a buyer for a size problem can be returned for a gift voucher or refund.

As pre-order products are made at the customer's specific request with the size of their choice, Sunday Mermaid reserves the right to accept a return and only propose a gift voucher and not a refund.

Only a single return per order will be accepted.

Products in stock:

Products that would not be suitable for a buyer for a size problem can be returned for a refund.

Only a single return per order will be accepted.

How to return : 

To exercise his right of withdrawal, the Customer must notify Hiima-store.com of its decision to retract before the expiry of the deadline by sending an email to the following address: Hiima@hiima-store.com. Customer service indicating the following information (first and last name of the recipient), order number, order date and the product or products he wishes to return).

Sunday Mermaid is committed to responding quickly to each request and will guide the customer in the steps to follow for the return of his parcel. A return label will be provided to the customer and he will be asked to stick it on the packaging.

The product must be returned in its original packaging (carton, box and original plastic), in its original condition, new, unworn and well packed in its original carton to protect the leather of the pairs during transportation. The protective plastic under the sole of the pair of shoes must also be intact (no impact).

The customer then has 8 days from the date of receipt by email of the label to deposit his package in a relay (indicated by email).

After this period of 8 days, the return will no longer be accepted.

Upon receipt of the package, Sunday Mermaid will judge the condition of the returned merchandise. No returns will be accepted and therefore no refund will be made if the returned products have been visibly used or damaged and such use or damage renders the product unfit for sale.

In case of return under the conditions mentioned above, Sunday Mermaid will refund the price of returned products no later than 30 days after the return of the goods. This refund will be made using the same payment method used for the transaction.

Return are free for all European Union countries

Gift voucher

In the case where a product has been ordered via a voucher offered by Hiima brand (during a contest) and the customer wants an exchange, the return and shipping costs of this second product will be at the customer charge. Only the first shipping costs will be offered by the brand.

Exchange? 

For logistical reasons, we do not swap items. For a new product, simply order again directly in our online store. 

 

Access point delivery: 

For an access point delivery, the person has 10 days to recover the package. If the package has not been recovered during this period, it will automatically be returned by the carrier to the shipper.

In this case, the return and shipping costs will be deducted from the refund. 

VII- Intellectual property

The content of the site (images, texts, database ...), property of www.Hiima-store.com, is protected by the copyright and the databases right. Any representation, reproduction, translation, adaptation or transformation, total or partial, carried out illegally and without the consent of www.Hiima-store.com constitutes a violation of the Code of intellectual property.

The contents published on the site are only for information, without guarantee of exactitude. www.Hiima-store.com can in no way be held responsible for any omission, inaccuracy or error contained in this information.

 

VIII- Responsibilities

The company Sunday Mermaid, Lda has, for all stages of access to the site and the ordering process, an obligation of means. The responsibility of the company Sunday Mermaid, Lda can not be held in case of major forces or client's fault:

 

Major Forces:

Will be considered as major forces any hindrance, limitation or inconvenience of service due to fire, earthquake, explosion, epidemic, power failure, flood, embargo, war, ISP violation, collapse of facilities, bandwidth fluctuations, use of passwords fraudulent or unauthorized codes or references of the customer, failure of transmission, hacking, legislation, injunctions, security breach attributable to the host of the site or the developers, at the request or the requirement of a government, to a requisition, a strike, a boycott or any other circumstance beyond the control of Hiima-store.com. In this case, Hiima-store.com will be exempted from the performance of its obligations within the limit of this inconvenience.

 

Customer's fault:

Will be considered as a fault of the Customer, opposable to the latter, any misuse of the Product, negligence, failure on his part and non-compliance with the advice given on the website Hiima-store.com. Any illegal use of the password, codes or references of the Customer, as well as incorrect information or the lack of updating of this information in his personal space.

In addition, the company Sunday Mermaid can not be held responsible for failure of the order or prevention of one of its obligations in case of major forces, particularly in case of strike or bad weather preventing the delivery of the order.

 

IX- Damages and interests

The responsibility of Hiima-store.com is limited to the direct, personal and certain harm suffered by the Customer and related to the failure in question. Hiima-store. com can not under any circumstances be held liable for indirect damages such as loss of data, commercial loss, loss of orders ... Similarly, and within the same limits, the amount of damages and interest billed to Hiima-store.com will, in all cases, exceed the price of the product ordered.

X- Legal guarantees

Clients benefit from a legal guarantee of good execution (article 1604 of the Civil Code), a legal guarantee against latent defects (articles 1641 and following of the Civil Code) and a guarantee of security (articles 1386-I and of the Civil Code)

Clients who have the quality of consumers benefit from a legal guarantee of conformity (articles L 211-4 and following of the Code of the consumption) Any guarantee is excluded in the event of damages of external origin or following an abuse, in conformity negligence or lack of maintenance on the part of the customer, as in case of normal wear of the product.

Article L211-4 of the Consumer Code

The seller is obliged to deliver a good in accordance with the contract and to answer for defects of conformity existing at the time of the delivery (...).

Article L211-5 of the Consumer Code

To be in compliance with the contract, the good must:

-To fit for the usual expected use of a similar product and, where appropriate: match the description given by the seller and present the qualities that a buyer can legitimately expect given the public statements made by the seller, including in advertising or labeling. .

-Or present the characteristics defined by mutual agreement with the parties or to fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.

 

Article L211.7 Consumer Code

The conformity defects appearing within a period of six months from the delivery of the good are presumed to exist at the time of the delivery, except proof of the contrary.

The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.

Article L211-9 of the Consumer Code

In case of lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller can not proceed according to the choice of the buyer if this choice entails a cost obviously excessive in relation to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, except impossibility, according to the method not chosen by the buyer.

Article L211.10 Consumer Code

If the repair and replacement of the good is impossible, the buyer may return it and get a full refund, or keep it and get a partial refund.

 

Article 1641 of the Civil Code

The seller must guarantee because of the hidden defects of the thing sold which makes it unfit for the use for which it is intended, or which diminishes it so much, that the buyer would not have acquired it or would not have acquired a lower price if he knew them.

The guarantor of the defects of the selling goods is the company Sunday Mermaid, Lda, based Rua Duarte Barbosa, 434 AP 405 - 4150-282 Porto-Portugal.

When acting as a legal guarantee of conformity, the customer has a period of two years from the delivery of the good to act, he can choose between repair or replacement of the good, depending on cost conditions.

The customer can decide to implement the guarantee against latent defects of the selling good within the meaning of article 1641 of the civil code and can choose between the resolution of the sale or a reduction of the selling price in accordance with article 1644 of the civil code.

 

XI- Defective product

Leather is a living material and therefore not necessarily homogeneous. Although we do a selection work to ensure the most beautiful skins, it is possible to find small imperfections or small marks that hold the life of the animal.

Trying to erase them with a product would be an error that could damage your pair.

Our quality team is here to check before each shipment that the pair sent has no defect.

The presence of an apparent defect on the product (the product delivered is different from the product ordered or the product contains a defect) must give rise to a complaint by email to the following address: Hiima@hiima-store.com within three days after the delivery. The claim must explain the noticed vice. Without this, no claim will be admissible and no return or exchange will be possible. Following a response from our customer service, the Customer will be invited to return the Product in its original packaging, in its original condition, new, unworn, with the copy of the claim form by email.

If the defect is confirmed by Sunday Mermaid, the customer will be contact and refund (refund of the price of the product paid by the customer as well as shipping and return), or an exchange of the product.

In case of non-compliance with the return procedure, no exchange, refund or credit is possible

 

XII- Disputes

These conditions are subject to the Portuguese and French laws.

In case of dispute, Sunday Mermaid Lda and the Customer will attempt a settlement amicably.

In case of failure of the transaction, the competent court will be the defendant's place of residence.

 

XIII- Personal data and cookies

In accordance with the provisions of Law No. 78-17 of January 6th 1978 relating to computers, files and freedoms, the website has been the subject of a declaration to the National Commission for Data Protection in Portugal registered under the number 2481/2017.

According to this law, Internet users have the right to oppose, interrogate, access and rectify the data they have provided.

All personal information about the customer is only used as part of the business relationship with www.Hiima-store.com. This information are never shared with third parties or sold. For the simple navigation on the website, Hiima-store.com does not require the customer to provide personal informations.  However, during the ordering phase, the website will need a certain amount of personal information about the customer to be able to respond to the client's order request.  This informations will then be sent to the company responsible for sending the packages, but it will not be sold. 

According to GDPR, visitors have the right to access their data, to "forget" them (to permanently delete them from our databases) and to modify their data. For that, do not hesitate to send us an email directly to hiima@hiima-store.com

In order to allow all Internet users an optimal navigation on the website www.Hiima-store.com as well as a better functioning of the various interfaces and applications, Hiima-store.com uses cookies that allow to record information relating to the navigation on the website (date, page, hours ...) as well as all the data entered by the Internet users during their visit (search, login, email, password). These cookies are installed only after acceptance of the user, keep on navigating in the website means accepting these cookies. The user has the option to block, change the retention period or delete these cookies by setting his browser. If the deactivation of cookies on the user's browser prevents him from using certain services, this malfunction can in no way be a prejudice for the user who can not claim any compensation.

XIV- Customer service

For any request and question, Hiima customer service is at your disposal:

– By email : Hiima@hiima-store.com

 
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