TERMS & CONDITIONS FOR ONLINE SALE

1. Designation of Hthai

The Thai company, Hthai (Thailand) Co., Ltd (“H&M”),

  • Registered address at 4, 4/1-4/2, 4/4 Central World Plaza, 1st Floor, Unit No. F110-116, Rajdamri Road, Pathumwan Bangkok 10330 Thailand
  • Companies register: Thailand Companies Registration Office
  • Company registration number: 0105554157458
  • Authorized representative: Mr. Philippe LASSAUX
  • VAT registration number: VAT NO. 0105554157458

The customer service can be reached:

  • By phone, every day, from 9am to 6pm (Bangkok time), on 02-030-9777
  • By email, at the following email address: info.hm@hthai.co.th
  • By postal mail at the following address: Hthai (Thailand) Co., Ltd, 4, 4/1-4/2, 4/4 Central World Plaza, 1st Floor, Unit No. F110-116, Rajdamri Road, Pathumwan Bangkok 10330 Thailand

Director of publication: Mr. Philippe LASSAUX, CEO.

Phone: + 66 2 620 6888
Fax: + 66 2 620 6899

The website is operated jointly by Hthai and Gill Capital Group.

Hthai markets via its Internet website www.h&m.com (hereinafter referred to as the “Website”) product collections marketed under the brand name “H&M” (hereinafter referred to as “Products” or “Product”).

2. Scope of application of the present General Terms of Conditions

2.1 - The Present General Terms and Conditions (hereinafter referred to as “GTC”) apply to orders placed on the Website by an individual consumer for strictly personal and private use (hereinafter referred to as the “Client”) for a delivery of the Products in Thailand.

By placing an order on the Website, the Client agrees to the GTC. The GTC can be printed and / or downloaded from the Website, and are available both in Thai and in English.

2.2 - Hthai reserves the right to modify the GTC at any time, in which case the applicable version of said GTC shall be the one agreed upon by the Client when placing his/her order on the Website. Clients who should not agree to the applicable GTC at the day of their order have an option on the Website to express such disagreement and therefore interrupt the purchase before said order is confirmed.

3. Personal Data and Designation of the Client

3.1 - To access the online sale service on the Website, the Client has the possibility, but not the obligation, to open an online account.

By placing an order and/or opening an account, the Client declares being a natural person ordering Products for non-commercial purposes, having the legal capacity to enter into contract and acting on their own behalf.

The account of the Client allows placing orders on the Website, consulting the state of the processing of his order and of the delivery of the Products, consulting the list of past online purchases, and having access to the Client’s personal data stored on the Website. The Client can modify said personal data when logged in on his/her account.

3.2 - To open an online account on the Website and/or to consult the state of the processing of his/her order and to receive potential commercial offers from HTHAI, the Client fills in the fields in the registration form proposed by Hthai / H&M online with the following data (non-limited):

  • Title (Mrs./Mr.), - Last name and first name,
  • Date of birth,
  • Phone number,
  • Contact address,
  • Email address,
  • Password,
  • Delivery and Billing addresses.

By making his/her email address available on the Website, the Client agrees to receive at his/her email address information relating to his/her orders placed on the Website, and the processing of said orders.

3.3 - If the Client opens an online account, he/she will choose a security password that shall be strictly confidential.

An email confirming the opening of an online account shall be sent to the Client at the email address provided when filling the online form. To access his/her online account, the Client must use his/her email address as a user name and his/her password. The Client who loses his/her password can reset it by using his/her email address used as a user name.

3.4 – Personal data: if applicable and required, the file stored by Hthai for the processing of the personal data provided by the Clients has been lawfully registered before the competent state bodies.Hthai undertakes to keep the personal data collected confidential and to use it in accordance with the (personal) data protection regulations.

Please refer to the PRIVACY NOTICE

Said personal data shall be used for:

  • Processing the online orders and all contractual obligations,
  • After-sale services, and
  • Customer relationship management such as informing the Client of any promotional operation, if the Client agreed beforehand to receive such requests.

They shall be kept in a form enabling the persons concerned to be identified for a period which does not exceed the time necessary for the purposes for which they are collected and processed

Hthai will communicate the personal data to its partners in charge of the processing of the orders placed online, of the delivery of the Products and of the after-sale service.

By filling the H&M’s online form, when placing the order and / or opening an online account, the Client can choose to receive commercial offers from H&M companies of the same group and / or commercial partners.

In accordance with the Personal data protection regulations, the Client can exercise at any time his/her right of access to the data, and his / her rights of opposition, correction, suppression of his/her personal data by connecting on her / his H&M account. He / she may also object for just cause to such use or data processing.

The Client may contact by writing Hthai, mentioning his/her email address provided as a user name using the addresses mentioned in the PRIVACY NOTICE

Be aware that if Hthai or its assets would be sold, Client’s information would be part of the transfer of assets.

4. Terms for placing an order

4.1 - All the Products offered for sale on the Website are presented on a file including a photography and information such as dimensions and all tax included price of the Product. Products are offered for sale as long as they are available on line and within the limits of available stock. Pictures are the most accurate as possible but HTHAI won’t be able to warrant a perfect similarity with the Product(s) selected for purchase (like colours).

By clicking on the link “Add” to shopping bag, the Client places the Product in his/her “Shopping bag” in the quantity chosen.

After having placed one or several Products in his/her “Shopping bag”, the Client can continue choosing Products on the Website or check his/her “Shopping bag” to place his/her order. At any time, the Client can modify, validate or delete the Shopping bag’s content.

4.2 - The Products selected by the Client are listed in his “Shopping bag” with the following information available:

  • A picture of each Product selected by the Client,
  • The title of the Product and key information on the Product (size and / or colour),
  • The unit price, all tax included, for each Product selected by the Client,
  • The number of items chosen for each Product,
  • A subtotal price per Product,
  • A total price all tax included, excluding packaging and delivery costs.

The Client is asked to check the list of Products to modify or accept it by clicking on the link “Checkout”.

4.3 - After having accepted the content of his “Shopping bag”, the Client is asked to place the order:

  • Either by signing in: opening an online account on his/her first online order,
  • Either by logging in: typing his/her email address as a user name and his/her password if he/she has opened an account before.

After filling in the delivery and billing addresses, the Client is asked to read the GTC displayed in a separate window of his/her Internet browser, and accept said GTC by checking the box “I agree with the General Terms and Conditions for online sale”.

The Client cannot get access to the next step, which is the payment step, if this box is not checked. Before paying, details of the order are one last time submitted to the Client. Details of the order mention the total price all tax included (including packaging and delivery costs) and the delivery and billing addresses,

4.4 - The Client who accepts his/her order as described shall pay with his/her credit card;

4.5 - Only after confirmation by the Bank, shall the order be placed and effective.

Before sending the confirmation order, Hthai shall retain the right to refuse the order for just cause including when the selected article is no longer available for sale or if Hthai is in dispute with the Client regarding payment of an order placed previously.

Hthai confirms each order by email to the Client with the following information:

  • Order reference,
  • Date of the order,
  • Delivery and Billing addresses,
  • The Product(s) ordered,
  • Total price all taxes included, including packaging and delivery costs, paid by the Client.

4.6 - Hthai shall keep the written proof of the sales contract entered into with the Client for a period of time of 10 years starting on the delivery of the Products

Client can ask for a copy of said contract by writing, to the customers’ relations service at the postal address mentioned at Article 1 of the GTC. However, Hthai strongly recommend to the Client to keep copies of its order and more generally information related to the purchase.

4.7 - Title to the Products shall remain vested in Hthai and shall not pass to the Client until complete payment of the price. The shipping of the Products ordered shall not intervene before the complete and effective payment of the price.

4.8 - Hthai verifies each order placed on the Website. Such control aims at protecting Hthai from abusive practices set up by fraudsters. Hthai services may ask the Client for any necessary documents to carry on the order: address proof at the Client’s name or at the name of the person indicated for the delivery, etc. Such request shall be made by email.

5. Price

5.1 - The price of each Product is mentioned on its designated file on the Website, in appropriate currency (Thai Baht) and all taxes included, excluding packaging and delivery costs.

Packaging and delivery costs are indicated to the Client on the web page listing the Products and submitted to his/her approval before the order is completed. The amount of those costs depends upon the physical characteristics of the Products ordered and of the country of delivery chosen by the Client.

5.2 - HTHAI reserves the right to modify the price of the Products at any time. The price accepted by the Client when validating his/her order is firm and definitive.

6. Payment

6.1 - The Client pays in Thai Baht with a credit card by transmitting:

  • For Visa® and MasterCard® credit cards: The 16-digit number of his/her credit card, its expiry date and the security number indicated on the back of the card,
  • For American Express® credit cards: The 15-digit number of his/her credit card, its expiry date and the security number indicated on the front of the card.

Following credit cards are accepted:

  • Visa®,
  • MasterCard®,
  • American Express®.

The Client certifies that he/she is not prohibited from using a credit card for payment of his/her order and that this mean of payment grants Hthai access to the sum necessary for the payment of the order.

6.2 - Transactions made on the Website are secured by 2C2P payment system Any data provided for processing the payment is encrypted thanks to the SSL (Secure Socket Layer) encryption process. Data can neither be detected, nor intercepted nor used by third parties. Payment information shall be kept only by the bank that proceeded to the transaction. Moreover, any purchase made on the Website respects the 3D Secure norm. 3D Secure is a program created by the international issuers Visa (Verified by Visa), MasterCard (MasterCard Secure Code) and American Express (American Express SafeKey) in order to reinforce security of online payments. The program relies on the setting up of an additional control with the online purchase: besides banking data, the Client is asked to provide for a personal data allowing his bank to identify him and to validate the transaction.

If the transaction could not be executed and the Client payment account could not be debited, the sale would be immediately resolved and the order of the said Products would be canceled.

HTHAI suggests to Clients to keep the receipt from the bank after completion of the transaction and more generally the information related to the purchase.

7. Delivery

7.1 - The Products bought on the Website shall be shipped to the delivery address given by the Client. In order to do so, the Client fills in the fields of the H&M online form proposed with the following data:

7.2 - The Client shall be advised of the shipping of the Products ordered by email. Should the order be delivered in Thailand, the Client shall be informed of the delivery process by the shipping company Schencker.

Should the Client be absent at the time of delivery, the shipping company shall send an email, SMS or calling card to the Client with the address of a drop-off location where the Client can get the Products.

7.3 - The delivery is deemed effective when the Products ordered are delivered to the Client by the shipping company and the Client has signed the delivery receipt. The delivery is also deemed effective when the delivery receipt is signed by a relative of the Client (namely but not only his / her husband / wife / partner, children, parents) or by a caretaker, a neighbor of the Client.

The Client is responsible for verifying the Products delivered and expressing all proper reserves that could be necessary and / or to refuse the delivery if it appears to have been opened or if it bears signs of damage.

Said reserves must be written on the delivery receipt and transmitted to the customer service of Hthai with no delay, providing the user name of the Client and the order reference. The provisions above apply without prejudice to the application of the provisions of Article 10 hereafter relating to the right of withdrawal of the Client.

7.4 - Despite the constant efforts of Hthai to give complete customer satisfaction, Hthai remains exposed to risks due to the delivery of parcels

The delivery time is up to 30 days from the date of order confirmation by the Client.

If a non-compliance with the delivery deadline is noticeable, not attributable to a case of force majeure or a default of payment, the Client shall be entitled:

  • To cancel the order by registered letter with acknowledgment of receipt to send to the following address:

    4, 4/1-4/2, 4/4 Central World Plaza, 1st Floor, Unit No. F110-116, Rajdamri Road, Pathumwan Bangkok 10330 Thailand

    Mentioning the references of his / her order. In this case, Hthai will refund the Client the amount, all taxes included, of his/her order within 30 days of receiving the request for cancellation of the order.

  • Alternatively, if the Client does not wish to cancel his / her order, he / she should inform the customer service about this delay by e-mail, telephone or postal mail, mentioning the references of his / her order. Hthai will then make the necessary investigation to determine the cause of the delay, and if necessary organize the resending of the Product. In the event of receiving a duplicate of the Product following its resending by Hthai, the Client agrees to refuse the package from the shipping company or return it at his / her expense.

In either case, Hthai reserves the right to ask the Client to sign an affidavit of not having received his / her order.

8. Availability of the Products

8.1 - The availability of each Product is checked and confirmed on the list of selected Products submitted to the Client online for approval before placing his/her order.

Despite the care taken by Hthai to the managing of the Products stocks and the information displayed on the Website, a Product may be unavailable after confirmation of the order by the Client and confirmation by Hthai, due to the fact that several orders can be placed simultaneously, a mistake can occur in the processing or a Product in store can appear to have sustained damage.

In that case, Hthai shall send an email to the Client to propose:

  • Either to wait for the Product to be available again,
  • Either to cancel the order and order another Product available on the Website,
  • Either to cancel the order and get a refund of the order.

8.2 - When several Products have been ordered by the Client, and one or more Products in the order are not available in stock, then the order may be delivered partially. In this case, Hthai will send an e-mail to the Client to propose:

  • Either to confirm the partial delivery of his/her order and to wait for the other Product(s) to be available.
  • Either to confirm the partial delivery of his/her order and to cancel the other Product(s) ordered. He/she will be invoiced only for the price of the delivered Products. Hthai will refund the Client for ordered Products not available in stock.
  • Either to cancel the entire order and receive a complete refund.

If the Client refuses or does not answer within 24 hours, the order shall be cancelled and Hthai shall refund the Client with the total price of the Product initially ordered including its packaging and delivery costs.

9. Conformity of the Products

9.1 - Hthai makes its best efforts to ensure that the photography of the Products on each file be as close as possible to the perception of a Client who would see the Products on display at the shop. However, the technical constraints of online displaying and photographing in a digital format can make the perception of a Client to be different from that of a Client seeing the Product at the shop.

9.2 - Following the delivery, if the Client considers that the Product is not conform to its online representation, the Client can ask Hthai within 14 days upon delivery:

  • Either to receive an identical Product if it is available,
  • Either to receive a refund of the price of the Product within 14 days after his/her claim.

The terms and conditions for the return of the Products to HTHAI are provided for at Article 10.2 and Article 10.3 of the GTC.9.3 - The provisions of the present Article apply without prejudice to the provisions of Article 10 of GTC relating to the right of withdrawal of the Client.

10. Right of withdrawal

10.1 - The Client has a right of withdrawal allowing him / her to cancel his / her order and to return the Products ordered to Hthai within 14 days starting on the day of delivery.

10.2 - Prior to the return of the Products within the 14-day-period from delivery, the Client shall manifest his / her intent to exercise his / her right of withdrawal to the customer service of Hthai by telephone, by postal mail or by email, specifying his/her last name, first name, order reference, phone number and email address.

Then the Client shall return the Products within 14 days from the day he / she manifested his / her intent to exercise his / her right of withdrawal to the following postal address, using the return coupon given at delivery:

Schenker(Thai) Ltd. (BNLC)
999/1 Moo.11, Tambon Bang Chalong,
Amphoe Bang Phli, Samut Prakan, 10540 Thailand

The return shall be at the sole cost and sole risks of the Client. The Products shall be returned in the original packaging in a condition allowing their resale. If a Product is returned incomplete or after having sustained damage, Hthai shall not accept the return and shall not be able to proceed to the refund.

10.3 - The global price of the Products returned, including initial packaging and delivery costs, shall be refunded to the Client within 14 days upon exercise of the right of withdrawal, if the Products have been returned to Hthai.

10.4 - Such right of withdrawal does not apply to bespoke Products that have been customized on demand of the Client, for instance with the engraving of a name.

11. Guarantee

11.1 - The Client enjoys all guarantees provided for by Consumer’s regulations in force when placing the order and delivery.

The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He/she is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he/she assumed responsibility therefore or had it carried out under his/her responsibility.

To conform to the contract, the product must:

1. Be suitable for the purpose usually associated with such a product and, if applicable:

  • Correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
  • Have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his/her representative, including advertising and labelling;

2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

11.2 - The Client can send any claim regarding the guarantee to the customer service of Hthai, at the postal address mentioned at Article 1 of the GTC, with a documentary and supporting evidence of his / her purchase.

The claim shall then be dealt with by Hthai that shall confirm the implementation of the guarantee rules, or not.

If the guarantee is implemented, Hthai shall propose to the Client, at his / her choice:

  • Either the replacement of the Product if a replacement Product is available,
  • Either a refund of the price.

12. Intellectual Property

12.1 – All the content of the Website, be it visual, graphical or sound, or the mark(s) Hthai and H&M Hennes & Mauritz AB and all other marks of H&M, whether or not composed of the words "H&M", as well as all intellectual property rights which may be attached to the products (Such as designs, images, texts and logos), whether registered or unregistered, (the "Intellectual Property Rights") are and will remain the exclusive property of H&M.

The copy or use, in whole or in part, of said content without prior written consent of H&M and/or Hthai constitutes a violation of the intellectual property rights owned by H&M and involves its perpetrator's civil and criminal liability.

The General Terms and Conditions do not imply any assignment of Intellectual Property Rights

12.2 - No link to the Website shall be set on another website without prior written authorization of H&M and/or Hthai.

The Website may offer links to third party websites operated by other companies and implemented with the authorization of Hthai. However, Hthai is not able to verify the content of third party websites and, as a consequence, does not accept any responsibility. The access and the use of third party websites are at the sole responsibility of the user.

13. Cookies

Information:

The Website uses cookies to facilitate subsequent browsing of the Website. The aim of the cookies is to provide Clients with the best customer experience as well as to improve the Website. The cookie is a small piece of data that does not allow the visitor to be identified but records information about his/her navigation on the Website. By visiting the Website with Client’s browser configured to allow cookies, Client allows such use. Such approval will be valid for a period that won’t exceed 13 months. The Website user may deactivate the use of cookies by selecting the appropriate settings on its browser. These settings are typically found in the Tools or Options menus. In any case, you can refer to the Help menu of the Internet browser.

However, refusing to use cookies by blocking all cookies (including the necessary cookies) may make it impossible to access certain services of the Website.

For more information about the Cookies we use: PRIVACY NOTICE

For more information about Cookie. http://www.allaboutcookies.org/fr/

Purpose of Cookies:

  • For operation of the Website
  • To distinguish Customers
  • To collect statistical information about use of the Website by visitors and customers
  • To proceed with the orders and more generally to other related contractual obligations
  • Cookies used by Hthai and /or H&M

First Party Cookie – H&M Thailand - https://th.hm.com/en

Name: ci_session (1-month-duration)
Used to store the cart information and the profile of the connected user (if any).

Name: h&m_identity & h&m_remember_code (2-year-duration)
Used to authenticate connected user (within an active session) on h&m.com.

Third party Cookies

Name: Google Analytics
Used to monitor visitor traffic and behaviour on the university website. This enables us to estimate more accurately the numbers of visitors to particular pages and plan for volumes of usage.
The following cookie is set by Google Analytics:

Cookie Name Expiration Time Description
_ga 2 years Used to distinguish users.
_gat 10 minutes Used to throttle request rate.

In addition, Google Analytics now has the ability to tap into data collected via remarketing and the Google advertising network (as described below). No user will be personally identifiable, however this service will collect information about gender, age and areas of interest where appropriate.

Facebook:

These cookies are used when integrating Facebook and the sharing of content. They are set by Facebook and their expiration time is up to 2 years:

How to manage a Cookie?

For security reason, you may want erase these traces. Nevertheless, it may be useful to keep the cookies of sites often visited to have a faster navigation. In the latter case, the choice of cookies to be destroyed must be made one by one.

The Cleaner software allows you to clean up any unnecessary temporary files that slow down the system unnecessarily and waste disk space.

To access the configuration of your navigation software, you must go to the help menu of your browser to know how to modify your wishes with regard to cookies.

For example, here are the links for frequently used navigation software:
Internet Explorer™ :
Safari™
Chrome™
Firefox™
Opera™

14. Rule of evidence

The Client expressly accepts and acknowledges that messages sent by e-mail, Log files hosted on the servers of Hthai or its technical service providers, statistical data generated and communicated by Hthai, accessible electronically shall have the same evidential value as hard copies, letters and documents sent by post, except where a registered letter with acknowledgement of receipt is expressly required.

15. Liability and dispute

15.1 - Hthai shall not be held liable for complete or partial breach of contract in case of force majeure, wrong of the Client, payment incident, or in case of unpredictable and insurmountable act of a third person.

Hthai cannot be held liable for any potential damage that can occur when browsing the Internet such as, especially, a connection failure, the loss of data, access by a third party to the data on the computer of the Client, or risks of viruses or unwanted software installing.

15.2 - In case of breach of the contract by the Client under the provisions of the GTC, such as the transmission to Hthai of false identification information, the use of invalid means of payment or illegal use of a third party’s means of payment, Hthai reserves the right to delete the online account of the Client and to cancel any pending order without prejudice to any claim for damages.

Hthai also reserves the right to refuse any order from a Client with whom such breaches of contract would have occurred.

15.3 - In case of dispute, the Client can send a claim to the customers’ relations service of Hthai, at the postal address mentioned at Article 1 of the GTC, in order to find an amicable solution. If such an amicable solution cannot be reached and if despite Hthai vigilance, the disagreement still subsist, the courts of Client’s location shall have jurisdiction and corresponding applicable law shall apply to any dispute arising out or relating to an online purchase on the Website, excluding the application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods and of any disposition of international private law that would lead to submitting said dispute to another national or international law