Terms and conditions
TERMS & CONDITIONS OF SALE (‘CONDITIONS’) TO AN END PURCHASER
We source and sell second-hand authentic Hermès handbags (the “Products”). Most of our Products are unused and in pristine condition, as further detailed in our sales invoices.
We are an independent business. We do not have any partnership, agency, affiliation, association or other relationship with the Hermès group or any of its associated companies or partners.
Please read these Conditions carefully before you pay for the Products. Your payment for the Product (in whole or in part) constitutes your agreement to be bound by these Conditions. These Conditions (and any other documents referred to herein, including without limit the sales invoice) form a legally binding agreement between you and us at the point of such payment. Once you have paid for the Product you cannot cancel your order (see clause 9.1).
These Conditions set out important information about your and our rights and obligations, as well as certain key information required by law.
1. Introduction
1.1 These Conditions apply to all Product orders and sales and are entered into between: (A) HPF Gallery Trading LLC, registered in the United Arab Emirates, registration number 1322742, with its registered address at C-31 Iris Bay, Business Bay, Dubai, UAE (references to ‘us’, ‘we’ or ‘our’ in these Conditions are to HPF Gallery Trading LLC); and (B) the individual placing an order for the Products with us (‘you’; and the terms ‘your’ or ‘yours’ shall be construed accordingly).
1.2 Our boutique at the Four Seasons Hotel London, Ten Trinity Square, London EC3N 4AJ, is operated by The Collectors Ltd, a company incorporated in England and Wales (company number 16544781), registered office at 64 Knightsbridge, London SW1X 7JF, an affiliated company of HPF Gallery Trading LLC. Products viewed, reserved, or discussed at the London boutique are sold under these Conditions by HPF Gallery Trading LLC unless your invoice states otherwise.
1.3 Nothing in these Conditions or any statement appearing on our website affects your statutory legal rights under applicable law, insofar as such rights cannot be lawfully limited or excluded.
1.4 You can contact us by emailing [confirm correct email address], or by messaging us via WhatsApp or text at [confirm correct phone number], or any other number updated from time to time on our website. We aim to respond promptly and within 24 hours of receiving your email or message.
2. Your privacy and personal information
2.1 Your privacy and personal information are important to us. Any personal information you provide will be handled in accordance with our Privacy Policy, available on our website.
2.2 Our Privacy Policy explains what personal information we collect, how and why we collect, store, use and share it, your rights in relation to it, and how to contact us or the relevant supervisory authority with any query or complaint.
3. Basis of sale
3.1 We will give you certain key information about your order before a legally binding contract is formed. You acknowledge and agree that you have read these Conditions in full before paying for the Products.
3.2 You can contact us to discuss the key information using the contact details in clause 1.4.
3.3 The key information we give you by law forms part of the contract between you and us.3.4 Under these Conditions, we agree to sell the Products to you for your personal use only. None of the Products sold under these Conditions are supplied for resale or distribution.
3.5 No variation to these Conditions, or change to any key information, shall be made after a legally binding contract has been formed, unless agreed and evidenced in writing signed by you and us.
3.6 We go through a rigorous process to check and vet Products before they are offered for sale, to ensure they are authentic and accurately described. All statements we make as to authenticity, description, materials, age, or condition constitute our expert opinion and are not otherwise warranted by us, save that this does not exclude any liability on our part for misrepresentation.
4. Ordering process
4.1 Once you and we have agreed on the Product you wish to purchase, we will issue an invoice specifying the details of your order, including at minimum the Product, its condition, pricing, applicable tax treatment, and deposit option (where applicable).
4.2 Please only pay the invoice after you have read these Conditions. Your payment of the invoice, in full or in part, in accordance with clauses 4.3 and 6, constitutes your acceptance of these Conditions and forms a legally binding contract (‘Acceptance’). Subject to clause 4.3, we have no obligation to hold a Product for you until payment has been received in full.
4.3 If offered the option to pay a deposit, you must pay the deposit amount specified in the invoice within the agreed timeframe. Once received, we will hold the Product for up to 3 working days until the invoice is paid in full, unless a longer period is mutually agreed in writing. The deposit is non-refundable in all circumstances. If you fail to pay the balance within the agreed timeframe, we may terminate the contract on written notice; you will lose the deposit and we will have no further obligation to fulfil your order.
4.4 We may keep records of orders, acknowledgements, Acceptances and other contract records for a reasonable period to meet our legal obligations, and may provide copies on written request. You should keep your own copies of all order documents and these Conditions.
5. Your representations
5.1 You represent that the information you provide when placing an order is up to date, accurate, and sufficient for us to complete your order. You represent that you are over 18 years of age and have legal capacity to enter into a binding contract with us, and that you are buying the Products as a consumer for personal use, not for purposes related to a trade, business, craft or profession.
5.2 Unless we agree otherwise in writing, any warranties or undertakings we provide are given on the basis that you are acting as a consumer purchasing for personal use only, and not for resale or distribution. If you intend to resell the Product or are an established reseller or distributor, please contact us separately to transact on that basis.
6. Price and terms of payment
6.1 Prices payable are those stated on our invoice in accordance with clause 4.1, unless otherwise agreed in writing.
6.2 Prices will be charged in the currency quoted on the relevant invoice, unless mutually agreed otherwise.
6.3 Depending on how a Product is sourced and sold, it may be subject to a second-hand goods margin scheme, VAT, or an equivalent local sales tax, or may be exempt. We will specify on your invoice whether your order is subject to VAT or an equivalent tax.
6.4 Unless otherwise specified by us, and subject to clause 8, prices quoted are: (a) inclusive of shipping or transport to the agreed place of delivery; (b) inclusive of insurance up to the point of delivery or collection; and (c) exclusive of any local VAT, sales tax, customs clearance charge or duty (including import taxes, tariffs and duties)applied by local legislation at the point of entry into a country. These additional costs, where applicable, must be met by you at your own risk and expense; we are not responsible for them by payment, discount, set-off or otherwise.
6.5 Subject to our prior agreement, you must pay the deposit (where applicable) and the invoiced sum in full by bank transfer (including international bank transfer) using the details on our invoice. You must pay the full invoiced price prior to dispatch or collection. Payment may be subject to your bank's own terms and conditions, which are beyond our control. If we do not receive your payment in full within the agreed timeframe, we may terminate the contract on written notice.
6.6 We will only dispatch or release Products once the full invoiced price has cleared into our bank account. We may carry out reasonable verification or fraud-prevention checks prior to Acceptance or dispatch, and may refuse to complete an order where we cannot receive payment, where completion is prevented by circumstances beyond our reasonable control (clause 16.2), or where we reasonably believe information has been supplied fraudulently.
6.7 Unless otherwise agreed in writing and subject to clause 4.3, each invoice is due and payable in full within 24 hours.
6.8 No counterclaim or set-off may be deducted by you from any payment due without our prior written consent. Where a deposit has been paid under clause 4.3, it will be deducted from the full invoiced price and you must pay the balance within the agreed timeframe.
7. Termination
7.1 You must be able and ready to pay the invoiced price in full at the time of placing your order. If you are made bankrupt, enter into an arrangement with creditors, are subject to a winding-up order, or we otherwise have reason to believe you are unable to pay your debts as they fall due, or you fail to pay any amount due or breach these Conditions, we may, without prejudice to our other rights: terminate this contract; refuse to complete your order; suspend further deliveries; and/or terminate any other contracts between us by written notice.
8. Delivery / Dispatch
8.1 Following receipt of payment in full, your order will be ready for collection from us, or, if pre-agreed, dispatched to your address by one of our delivery partners (such as DHL or Addison Lee, or another partner of our choosing) at our cost. If you arrange your own delivery partner, you are responsible for the associated delivery and insurance costs.
8.2 You must check with us before ordering that we can deliver to your territory. Some territories are excluded, or may require export documentation (including CITES Certificates, see clause 8.3) that we are unable to provide.
8.3 International delivery depends on where a Product is originally stored. Not all Products come with the certificates required under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES Certificates”) needed to export them to a country where they are not stored. We have no responsibility to procure or provide CITES Certificates, and can generally only supply one where we already hold one relevant to the Product. Where mutually agreed and specified on your invoice, we will make reasonable attempts to facilitate a re-export CITES certificate, but we have no control over whether one can be obtained. Once a Product has been collected or delivered to you, we have no responsibility for its further re-export.
8.4 Delivery timescales given on our website, in correspondence, or on your order are estimates only and will be confirmed on your invoice. We will notify you of any revised delivery date as soon as possible, but are not liable for delays caused by factors beyond our reasonable control.
8.5 Your delivery address cannot be changed once you have paid. Please check it carefully on your order or invoice and notify us without delay of any errors. We are not liable for losses arising from an incomplete or inaccurate delivery address, and may charge you for any extra costs we incur as a result.
8.6 If you refuse or fail to take delivery, risk of loss or damage nonetheless passes to you in accordance with clause 8.7. You will be liable for storage and any additional costs arising from unreasonable refusal or failure totake delivery, and we may, 30 days after attempted delivery, dispose of the Product and set off any proceeds against sums due from you.
8.7 Save as otherwise provided, risk of loss or damage passes to you on whichever occurs first: collection by you; delivery to your specified address via our delivery partner; the Product being placed in your possession; or the Product being placed in the possession of a shipper, carrier or transporter appointed by you (other than our delivery partner).
9. Cancellation, rejecting an order, damage or loss in transit
9.1 If you wish to cancel your order, you must contact us as soon as possible and in any case before making any payment. Once you have paid, in whole or in part, you cannot cancel your order or return the Products except as set out in clause 9.3. We will not refund the price paid on cancellation, except as permitted under this clause 9.
9.2 You are responsible for promptly checking your order on delivery and verifying that the Product is in satisfactory condition, matches its description, and that the order is complete. You may only return purchased Products in accordance with this clause 9.
9.3 Subject to any rights you have under applicable law that cannot be excluded or limited, you may only reject a Product where: (a) it is damaged or lost in transit (where transported by us or our delivery partner), notified to us promptly and no later than 24 hours from delivery, supported by photographic evidence; or (b) the delivered Product is not what you ordered, is in an incorrect quantity, or is misdescribed, notified to us in writing no later than 24 hours from delivery.
9.4 Where we are notified of a shortage, non-delivery, defect or damage, we will, at our option: make good any shortage or non-delivery where possible; and, in the case of damage or inconsistency due to our fault, either replace or arrange repair of the Product upon its return in accordance with clauses 9.7–9.9, or refund the price paid, issued to the same bank account used for payment. Any remedy under this clause is conditional on your compliance with clauses 9.7–9.9, and on our inspection of the returned Product.
9.5 While we take reasonable care to ensure photographs and descriptions on our website, look books, and sales materials are accurate, there may be colour or description variance depending on your device. We will not offer refunds or returns for such variance. Please ensure Products are of satisfactory quality for their intended use before relying solely on photographs.
9.6 Your rights under clause 9.4 may be lost where you fail to notify us within the relevant timeframe, or where a Product is damaged or defective due to normal wear and tear, user negligence, mistreatment or misuse, or failure to observe care instructions or warnings provided with the Product.
9.7 Products should be returned at your own cost, together with all original and undamaged packaging, labels, associated documentation (including CITES certificates where applicable), and any other materials supplied with them.
9.8–9.9 You must take reasonable care of any Product you wish to return, using a reputable carrier, and either return it to us as soon as possible or make it available for collection if we request this.
9.10 We reserve the right to claim full payment or exercise any available legal remedy where a Product has been made unfit for resale or damaged while in your possession or in transit, or where you fail to return it, or its packaging or documentation, as required.
9.11 Nothing in this contract affects your non-excludable legal rights under applicable consumer protection law in your country of residence. You may also have other rights in law.
10. Liability limitation
10.1 We will pass on any manufacturers' warranties we are entitled to pass on with the Products.
10.2 If we breach these Conditions or are negligent, we are liable for foreseeable loss or damage you suffer as a result — meaning loss or damage that was either clearly likely, or that both parties knew might reasonably occur,at the time the contract was made.
10.3 Except for liability that cannot be excluded by law (such as death or personal injury caused by defective products), we are not liable for loss or damage that was not foreseeable, or that was not caused by our breach or negligence. As Products are supplied for personal, domestic and non-business use only, we are not liable for any non-consumer or business losses.
10.4 Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence, for any matter we cannot lawfully exclude, or for fraud or fraudulent misrepresentation.
11. Retention of title
11.1 Title to the Products passes to you on collection by you, or delivery by us to your address, as applicable.
12. Third party rights
12.1 No one other than a party to this contract has any right to enforce any term of it.
13. Consents, customs duties, import & export
13.1 Where any government licence, consent or authorisation is required for the importation, carriage, use or shipment of a Product, you must obtain it at your own risk and expense, and provide evidence to us on demand. We will not ship a Product until satisfactory evidence has been provided; any additional costs arising from your failure to do so must be met by you.
13.2 Products sold under these Conditions may be subject to export control laws in the territory where you take delivery or use them. You are responsible for complying with those laws and for the payment of any applicable duties.
13.3 You may be subject to customs charges, import duties and taxes levied when a Product reaches its destination. Any such charges must be met by you; please contact your local customs office for further information.
14. Notices
14.1 Any notice relating to these Conditions must be in writing and sent by hand, pre-paid recorded post, or email, to the latest address notified in writing between the parties. This is also the address for service of legal proceedings. Notices are considered received: on the date of hand delivery (or the next working day, if not a working day); as signed for, if sent by recorded post; or, if sent by email, on the earliest of acknowledgement of receipt, an automated delivery or read confirmation, or the expiry of 48 hours after transmission (provided no delivery failure notice has been received).
14.2 Unless otherwise confirmed in writing, communications addressed to us using the contact details in clause 1.4 should be marked for the attention of [confirm current contact name].
15. Queries about your order
15.1 Please email, WhatsApp or text us as soon as possible using the contact details in clause 1.4 to discuss any queries about your order.
16. General
16.1 You may not assign, transfer, charge or otherwise deal with your rights under these Conditions.
16.2 We are not liable, nor in breach of contract, for loss or damage suffered as a direct or indirect result of circumstances beyond our reasonable control (including changes in law, acts of God, war, riot, national emergency, civil commotion, government action, explosion, fire, flood, earthquake, storm, accident, strike,lock-out, trade dispute, labour disturbance, plant or machinery breakdown, or interruption in the supply of power or materials). In such circumstances we may cancel your order and refund any advance payment to the account used to make it.
16.3 These Conditions and the terms of the relevant invoice supersede all previous contracts, agreements and arrangements between you and us, whether oral or written. Where there is an inconsistency between these Conditions and an invoice, the invoice terms apply. Nothing in this clause limits our liability for misrepresentation or breach of statutory or contractual obligations.
16.4 No relaxation, forbearance, delay or indulgence by us in enforcing these Conditions shall prejudice or restrict our rights and remedies.
16.5 No waiver of these Conditions is effective unless made in writing and signed by us. Waiver of one breach does not waive any subsequent breach.
16.6 If any provision of these Conditions is found illegal, unenforceable or invalid in a particular jurisdiction, that finding does not affect these Conditions in other jurisdictions, and the remainder of these Conditions in the relevant jurisdiction continues in full force and effect to the fullest extent permitted by law.
17. Governing law and jurisdiction
17.1 These Conditions, and any contract between you and us, are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai. Any disputes are subject to the non-exclusive jurisdiction of the Dubai courts.
17.2 If you are resident in the United Kingdom, you retain the benefit of any mandatory consumer protections available to you under the law of your place of residence that cannot be excluded by agreement, and you may bring a claim in the courts of your own jurisdiction in addition to the Dubai courts, where applicable law permits.
17.3 The language of any agreed amendment to these Conditions, any dispute resolution procedure, or any proceedings, will be English.