Here’s a faithful English translation you can paste as-is. I’ve kept headings, numbering, and the legal tone.

Article 1 – Purpose and Scope

1.1 The Website

These terms and conditions of sale (hereinafter the “T&Cs”) apply to the website www.hermanbelgium.com (hereinafter the “Website”), operated by SRL HERMAN By Hélène Herman, with share capital of €5,000, whose registered office is at Rue de Revogne 3, 5572 Focant, registered in Belgium under number 1018395476 (hereinafter the “Seller”), which sells, under the HERMAN brand, hats and various accessories and fashion items (hereinafter the “Items”).

The Seller can be reached by email at: eshop@hermanbelgium.com.

The Website is available in French, Dutch and English, and partly in German. The Customer acknowledges that the Website translations are provided for convenience while browsing the Website.

1.2 The Customer

Any order or purchase of Items on the Website is reserved exclusively for non-professional end customers, acting as consumers, aged over eighteen (18) and having full legal capacity to enter into the commitments set out herein (hereinafter the “Customer”).

Sales are made at retail for strictly personal use. The Seller reserves the right to refuse any order of Items that appears abnormal, in particular in the event of orders in quantities and/or for an amount considered incompatible with personal use.

The Customer acknowledges having read these T&Cs prior to confirming their order. Placing an order for Items on the Website and ticking the corresponding box imply the Customer’s full and unreserved acceptance of all provisions of the T&Cs appearing on the Website at the time of the order. The T&Cs may be amended at any time by the Seller; the applicable T&Cs are those in force on the Website when the Customer places the order, under the conditions defined below.

These T&Cs may be saved and/or printed and are accessible on all Website pages. They are available in French and English.

Article 2 – Information on the Items

2.1 – Characteristics of the Items

The characteristics, descriptions, colors, photographs and representations of the Items on the Website are prepared with the utmost care by the Seller and are described and presented as accurately as possible (specifications, illustrations, size, composition, etc.). However, the Seller cannot be held liable for minor variations in the presentation of the Items or for differences in perception that may result.

The Customer is invited to refer to the description of each Item to learn about its properties and specific features, particularly with regard to the desired characteristics and size; the choice and purchase of an Item is the sole responsibility of the Customer. The Customer may also, at any time, contact the Seller’s customer service (hereinafter the “Customer Service”) by email at eshop@hermanbelgium.com to obtain additional information if deemed useful.

2.2 – Availability of the Items

The Items shown on the Website are available for sale while stocks last. Information on the availability of Items is provided on the Website at the time the order is placed and the Seller uses best efforts to update Item availability regularly.

If an Item ordered is out of stock once the order has been placed despite the Seller’s diligence, the Seller will inform the Customer by any means (primarily by email) as soon as possible. The order for the Item concerned will be canceled and the Customer will then receive a refund of the price paid for the Item concerned within a maximum of fourteen (14) calendar days following cancellation of the sale.

The Seller cannot be held liable in the event of a stockout or unavailability of Items.

If an Item is out of stock, the Customer may sign up for an alert by emailing eshop@hermanbelgium.com and providing their email address.

Article 3 – Orders

3.1 – Order process

To order an Item, the Customer is invited to select the desired Item on the Website and add it to the shopping cart by clicking the “Add to Cart” button. The Customer may then continue shopping by clicking “Continue Shopping.” At any time, the Customer may delete selected Items from the cart view page by clicking the “Cart” icon available at the top right on every page of the Website.

Once the selection is complete, the Customer is invited to review the shopping cart by clicking the “Cart” icon. At this point, by clicking “Delete,” the Customer may remove one or more selected models (it is not possible at this stage to modify the order, for example the desired quantity, size, color, the nature of the Items, etc.).

The Customer is informed that all Items placed in the shopping cart for which the order has not been finalized by payment remain available for purchase by other customers and that the Seller gives no guarantee that the price in effect on the date of selection without validation will be maintained; the applicable price is the one in force when the Customer finalizes the order by making payment. After validating the cart by clicking the “Proceed to Checkout” button…

The customer account gives the Customer access to the personal space “My Account,” enabling order tracking and access to order history since 2 April 2024. To access the history of orders placed before 2 April 2024, the Customer may submit a request to the Seller by email at eshop@hermanbelgium.com.

The Seller cannot be held liable for inaccuracies in the information provided by the Customer when creating the customer account and/or placing the order.

It is the Customer’s responsibility at all times to keep their secure access codes safe, as these are strictly personal. Consequently, any purchase made using these secure access codes shall be deemed to have been made by the holder of those identifiers. In the event of loss or forgetfulness of these secure access codes, the Customer may request them again by clicking “Forgot password” in the “My Account” section.

To finalize the order, the Customer must:

• provide or, where applicable, confirm their first and last name, delivery address and, if necessary, billing address, email address and phone number. The Customer may also provide delivery instructions in a dedicated free-text field;

• select the delivery method from those offered according to the delivery country (delivery times and costs are shown at this stage and may vary depending on the method and destination country);

• review the order summary (and make corrections in case of error by going back to previous steps if necessary).

The Customer must then confirm the order by clicking “Payment.”

The Customer must then confirm having read these T&Cs and explicitly accept them by ticking the box “I have read and accept the terms and conditions of sale” (a link to the T&Cs is available at this stage by clicking “terms and conditions”).

The Customer may then proceed to payment by clicking the “Place Order” button, which provides access to secure payment for the order after selecting a payment method from those offered on the Website and entering the corresponding details.

The sale will be considered final only after the Seller has received full payment of the order price, confirmed by the Seller sending the Customer an email confirming acceptance of the order to the email address provided by the Customer, the Customer formally agreeing to the use of email for the Seller’s confirmation of the order content.

The Seller reserves the right to refuse to fulfill an order where it appears to contravene the provisions of the T&Cs. Likewise, the Seller cannot be held liable if the proper administrative and/or technical processing of an order on the Website is disrupted by a virus, computer bug, unauthorized human intervention or any other cause beyond the Seller’s control, or if there is a strong presumption of fraud, or fraud has occurred in any form, particularly electronically; in such cases, the Seller reserves the right to interrupt or cancel the order in progress. In these situations, the Customer will be informed by email of the cancellation and will be refunded any sums paid prior to cancellation of the order by the Seller.

Once payment has been made, the Customer cannot modify the order. The Customer still has the option to exercise the right of withdrawal, the terms of which are described in Article 6 below.

If the Customer has a customer account, they may track the progress of the order in their account. In any event, the Customer may contact the Seller’s Customer Service by email at: eshop@hermanbelgium.com

3.2 – Proof of order

As a general rule, emails will serve as proof between the Customer and the Seller, particularly as to the nature and date of the order.

Moreover, in accordance with consumer law, the Seller keeps records relating to any order for a period of ten (10) years and makes them available to the Customer upon simple request sent to: eshop@hermanbelgium.com. The Customer is advised to keep a copy (electronically and/or on paper) of the documents relating to the order.

Article 4 – Prices and Payment Terms

4.1 – Prices

Sales prices of the Items are displayed inclusive of all taxes (VAT incl.), in the currency of the country where the Customer is identified as located.

If the Customer wishes to have the order delivered to an address in a different country, the sale price will be converted when the Customer enters the chosen delivery address. The Customer will then pay in the currency of the chosen place of delivery, i.e.:

• euros (€) if delivery is made in a country within the euro area;

By default, delivery charges are calculated based on the location where the Customer is identified as located. If the Customer wishes to have the order delivered to an address in a different country, the delivery charges will be adjusted accordingly based on the chosen delivery country when the Customer enters the delivery address.

Standard delivery charges are offered in certain countries and/or during specific events, and may be subject to conditions (notably minimum purchase thresholds) according to the Seller’s commercial policy, which may change at any time.

Otherwise, the Customer must pay the delivery charges corresponding to the chosen delivery country. Additional delivery charges may be billed to the Customer when an “express” delivery is selected.

The Customer must also pay any applicable shipping and customs fees as well as any bank fees, which shall always be borne by the Customer.

The available delivery rates can be accessed at any time on the Website by clicking the “Delivery and Returns” link.

The delivery rates applicable to the order are those selected by the Customer before confirming the order, as confirmed by the Seller in the order confirmation.

The Seller reserves the right to change prices at any time and without notice. However, the Items will be invoiced to the Customer on the basis of the prices in effect on the Website when the order is placed, and the Seller may not change them once the order has been validated by payment.

4.2 – Payment terms and methods

The total amount due by the Customer is indicated before final confirmation of the order on the Website.

Payment for the order is made only on the Website by bank card (Carte Bleue, Visa, Mastercard) or via a PayPal account, and by the methods authorized on the sales site www.hermanbelgium.com

To make payment, the Customer must provide certain bank card information including the cardholder’s name, card number, expiry date and security code. Payment for the order is processed via a secure payment solution.

Payment will be considered validated after confirmation of payment authorization by the issuing institution. In the event of refusal by the bank or the PayPal platform, the order will be automatically refused and the Seller will be released from all obligations and liability towards the Customer.

Article 5 – Delivery – Transfer of Risk

5.1 – Delivery arrangements

When the Customer is eligible for delivery, the delivery conditions, rates and times offered and available can be accessed at any time on the Website by clicking “Delivery and Returns.”

The delivery conditions, rates and times applicable to the order are those selected by the Customer before confirming the order, as confirmed by the Seller in the order confirmation.

Items purchased by the Customer will be delivered according to the chosen delivery method and to the address provided when placing the order on the Website. No delivery can be made to a P.O. box.

The Seller will use best efforts to ship the Items to the Customer as soon as possible once the order has been placed, in accordance with the delivery method chosen by the Customer when ordering. Notwithstanding the foregoing, in all cases, delivery will be made within a maximum of thirty (30) working days from receipt of the order confirmation email, subject to Item availability as indicated to the Customer at the time of ordering.

However, the Customer will bear the consequences (delivery delay, impossibility of delivery, return of Items to the Seller, additional transport costs, etc.) resulting, where applicable, from erroneous and/or incomplete information provided for delivery and/or from the Customer’s absence at the time of delivery.

When the order is dispatched, the Customer will receive an email confirming shipment. The Customer can track delivery using the parcel number provided by the Seller. It is the Customer’s responsibility to be present (or represented) at the time of delivery.

5.2 – Late delivery

In the event of missing or late delivery, the Customer must, as soon as possible, send an email to the Seller at eshop@hermanbelgium.com. The Seller will contact the carrier if necessary.

If the delivery deadline is exceeded, and this is not justified by an act of the Customer or a force majeure event as defined by the Belgian Civil Code and case law, the Customer may, in accordance with consumer law, require the Seller to deliver within an additional reasonable period by registered letter with acknowledgment of receipt or by written notice to: HERMAN By Hélène Herman, Rue de Revogne 3 – 5572 Focant, Belgium. If the Seller has not performed within that additional reasonable period, the Customer may cancel the order by a new registered letter with acknowledgment of receipt or by written notice to eshop@hermanbelgium.com

The order will be considered canceled upon receipt by the Seller of the letter or written notice informing it of such cancellation, unless performance has occurred in the meantime.

The Customer will then receive a refund of the price paid for the order within a maximum of fourteen (14) calendar days following cancellation of the order.

5.3 – Receipt of the Items

Except in special cases or unavailability of one or more Items, the Items ordered will be delivered in a single shipment.

Risk in the Items passes to the Customer upon delivery, i.e., when the Customer (or any third party designated by the Customer) physically takes possession of the Items concerned.

It is also the Customer’s responsibility (or that of any designated third party) to check the quantity and condition of the Items upon delivery by the carrier. If the parcel received is open or visibly damaged, or if all or part of the Items in the parcel are damaged, missing or do not match the order, the Customer (or any designated third party) is invited to refuse the parcel or the relevant Items and, at the time of delivery, to make the necessary and sufficiently detailed written reservations to the carrier (open parcel, damaged or missing parcel or Item(s), or Item(s) not conforming to the order, etc.).

In any case, the Customer also undertakes to notify the Seller without delay by email at eshop@hermanbelgium.com to enable the Seller to conduct an inquiry with the carrier and/or pursue remedies with the carrier within the time limits provided by applicable regulations, where appropriate.

In the event of a missing Item, refusal or return of an Item by the Customer in the above circumstances, the Seller will either refund the relevant Item(s) within fourteen (14) days or reship the damaged/missing Item(s).

The above provisions do not deprive the Customer of the benefit of the right of withdrawal as provided for in Article 6 below or of the benefit of the warranties available as provided for in Article 7 below.

Article 6 – Right of Withdrawal

As a preliminary point, please note that the right of withdrawal and this Article 6 do not apply to Items that have been personalized at the Customer’s request (for example, engravings or the Customer’s initials), in accordance with applicable consumer law.

Unless otherwise stated on the Website during exceptional events, or unless otherwise agreed in writing by the Seller, the Customer has a period of fourteen (14) business days from the date of receipt of the Items by the Customer (or any third party designated by the Customer) to exercise the right of withdrawal, without having to justify the decision:

By sending the Seller within this period, either by email to eshop@hermanbelgium.com or by post to: HERMAN By Hélène Herman, Rue de Revogne 3 – 5572 Focant, Belgium, an unambiguous statement expressing the decision to withdraw and including the information necessary for the Seller to identify the order concerned (name, first name, date and order number).
The Seller is bound by the legal guarantee of conformity and the guarantee against hidden defects in the goods sold.

Unless otherwise stated on the Website during exceptional events, or unless otherwise agreed in writing by the Seller, the Customer will then have a maximum of fourteen (14) days to return the Items from the date the right of withdrawal is exercised.

Items must be returned complete, with their packaging and original box, and with tags still attached and intact, so that the Seller can resell them in new condition. If the Item is altered as a result of handling beyond what is necessary to establish the nature and/or conformity, characteristics or proper functioning of the Item, the Seller reserves the right to refuse a refund or exchange.

The Seller will not issue a refund if the Items returned by the Customer do not match the Item(s) ordered or did not originate from the Website.

The costs and risks associated with returning the Items are borne by the buyer. The Customer is advised to take all necessary measures to ensure the Items are returned in perfect condition and to use a carrier selected by the Seller.

The Customer may be held liable for depreciation of the Item resulting from handling other than what is necessary to try the Item in a manner permitted in a store, notably by wearing the Item. The Customer must therefore try the Item with due care, in particular by keeping in place the interior protective film intended for this purpose.

If the conditions are met, the Seller will refund the relevant Items within a maximum of fourteen (14) days following (i) the return of the Items or (ii) the date on which the Customer provided proof of dispatch of the Items (the earlier of these dates being taken into account), the remainder of the order remaining firm and final. Proof of dispatch of the Items means any means allowing indisputable evidence that the Items were sent to the Seller.

The refund will be made using the same means of payment as that used by the Customer, or, with the Customer’s agreement, by any other means of payment, at no additional cost to the Customer (bank transfer).

In the event of a late return of Items, beyond fourteen (14) days from the decision to withdraw (the date shown on the proof of deposit/dispatch being decisive), or if the above conditions are not met, the Seller may refuse to refund the Customer. If a refund is refused, the Items may be returned to the Customer at the Customer’s expense upon request within two (2) months from the date of the request.

Article 7 – Statutory Warranties

7.1 – Conformity and hidden defects

The Seller is bound by the legal guarantee of conformity and by the guarantee against hidden defects in the goods sold (1).

Under the legal guarantee of conformity, the Customer:
– has a period of six (6) months from delivery of the product to take action against the Seller;
– where repair is possible, may choose between repair or replacement of the product, subject to the cost conditions provided for by the Belgian consumer code;
– is exempted from proving the existence of the lack of conformity of the product during this period.
The Customer may decide to invoke the guarantee against hidden defects in the goods sold; in this case, the Customer may choose between rescission of the sale or a reduction of the sale price.

The Customer must check that the Item(s) received correspond to the order and, in the event of a lack of conformity or hidden defect within the meaning of the applicable statutory warranties, must contact Customer Service at eshop@hermanbelgium.com, which will provide the necessary information regarding the return of the Item(s) and their replacement or refund.

The Seller will exchange or repair the returned Item after receipt and inspection of the Item concerned.

The Customer is informed of the existence of the statutory warranty regimes applicable in their country of residence and subject to national conditions.

7.2 – Exclusions

If the Items returned by the Customer do not correspond to the Items ordered or did not originate from the Website, the Seller will not be bound by the obligations described in Article 7.1 above. For the avoidance of doubt, statutory warranties do not cover damage or defects resulting from an external cause (accident, impact, etc.) or from Customer fault due to use that is non-compliant and/or unsuitable for the characteristics of the Item. Likewise, this Article does not apply if the Items were not purchased on the Website, since in that case the statutory warranties are owed by the seller from whom the Items were purchased.

Article 8 – Liability

The Seller cannot be held liable for breach of any of its obligations if improper performance of the contract results from force majeure, from an act or omission of the Customer, from an unforeseeable and insurmountable act of a third party to the contract, or from an impediment beyond the Seller’s control that the Seller could not reasonably have foreseen at the time of contracting with the Customer and the consequences of which could not reasonably be avoided or overcome by the Seller.

The Seller cannot be held liable for any direct or indirect damage, regardless of the cause, origin, nature or consequences, arising from visiting or using the Website. In particular, the Seller disclaims all liability in the event of interruption or inaccessibility of the Website, the occurrence of bugs, or any damage resulting from fraudulent acts by third parties (such as intrusions) originating from the Website.

It is recalled that the Seller cannot be held liable for the use of the purchased Items; the Customer is solely responsible for their use by the Customer or a third party.

Furthermore, unless otherwise indicated herein, the Customer agrees that use of the Website and the choice and purchase of Items are entirely at the Customer’s own risk.

Article 9 – Personal Data

If the Customer wishes to delete the customer account or needs more information on how personal data are processed by the Seller in connection with an order, a request may be sent by email to: eshop@hermanbelgium.com.

9.1 – Data Controller. The data controller is HERMAN By Hélène Herman, Rue de Revogne 3, 5572 Focant, Belgium.

9.2 – Purposes & legal bases. Order and delivery management, customer service, invoicing (performance of the contract), fraud prevention (legitimate interest), compliance with legal obligations (accounting), email marketing where consented (consent).

9.3 – Recipients. Authorized internal departments, service providers involved in order processing (transport, secure payment, hosting), and authorities legally entitled to receive the data.

9.4 – Retention periods. Account data: as long as the account is active; order data: statutory period (e.g., accounting obligations); marketing: 3 years from the last contact.

9.5 – GDPR rights. Access, rectification, erasure, restriction, objection, portability, and post-mortem instructions. The Customer may withdraw consent at any time for processing based on consent. Exercising rights: eshop@hermanbelgium.com. Complaints may be lodged with the Data Protection Authority (Belgium).

9.6 – Cookies. The terms for setting and reading cookies are set out in the Privacy/Cookies Policy available on the Website.

Article 10 – Intellectual Property Rights

The Customer acknowledges that the Seller owns, in particular, its company name, trademarks, logos, designs, models, patents, patent applications, advertising materials, depictions of its Items and packaging boxes, and the related intellectual property rights.

Article 11 – Customer Service

Any question and/or correspondence and/or complaint relating to an order placed on the Website must be addressed to Customer Service by email at: eshop@hermanbelgium.com

Article 12 – Severability

If one or more provisions of the T&Cs are held to be invalid or declared as such under any law or regulation, or following a final decision of a competent court, the other provisions of the T&Cs shall continue to apply under the same terms and conditions.

Article 13 – Governing Law / Dispute Resolution

These T&Cs and any order placed on the Website are governed by Belgian law, excluding its rules that would mandate the application of any foreign mandatory law. However, applying Belgian law may not deprive the Customer of the level of protection afforded by the mandatory provisions of the laws of the Customer’s country of habitual residence.

In the event of a complaint or dispute relating to the Website, these T&Cs and/or an order, and prior to any request for mediation, the Customer must first contact HERMAN Customer Service (by email at eshop@hermanbelgium.com) to submit the claim and attempt to seek an amicable solution with the Seller.

If a complaint is not amicably resolved by Customer Service, the Customer may refer to:

• the European Commission’s online dispute resolution platform available at: http://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

Failing an amicable agreement (including via the mediation process described above), or if the Customer wishes to bring the complaint or dispute directly before the courts without attempting amicable settlement, the Belgian courts shall have territorial jurisdiction over any dispute, unless mandatory legal provisions refer jurisdiction to a foreign court.

Article 14 – Changes to the T&Cs

The Seller reserves the right to adapt or amend these T&Cs at any time. The new T&Cs will apply to any order placed after they are posted on the Website. The “Last updated” date at the end of the document attests to this.

Article 15 – No Waiver

The fact that the Seller does not, at any given time, invoke any of the clauses herein may not be construed as a waiver of the right to invoke them at a later date.

Article 16 – Assignment

The Seller reserves the right to assign to any third party of its choice all or part of the rights and obligations arising hereunder, provided that such assignment does not diminish the rights of the consumer Customer.

Article 17 – Language

The T&Cs are drafted in French. In the event of translation, only the French version shall prevail in the event of interpretative difficulty.

Article 18 – Contact

HERMAN By Hélène Herman – Rue de Revogne 3, 5572 Focant, Belgium – Email: eshop@hermanbelgium.com

Appendix 1 – Model Withdrawal Form

To: HERMAN By Hélène Herman, Rue de Revogne 3 – 5572 Focant, Belgium – email: eshop@hermanbelgium.com

I/We () hereby give notice that I/we () withdraw from the contract for the sale of the good(s) ()/for the provision of the service(s) () described below:

Name(s) and reference(s) of the Item(s):

Ordered on (*):

Received on (*):

Order number (**):

Name of consumer Customer(s):

Address of consumer Customer(s):

Signature of consumer Customer(s) (only if this form is notified on paper):

Date:

(*) Delete where not applicable.

(**) The Order number is available in the Client Area on the Website or in the order confirmation email.

Last updated: 03/04/2025Herman