TERMS & CONDITIONS

 

1. General

The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you”) with H & M Hennes & Mauritz Inc., (hereinafter referred to as “H&M”, ”us ” or ”we”), through the H&M website, mobile website or mobile application or via telephone (jointly referred to as  ”hm.com”).

By using hm.com and/or placing an order, you agree to be bound by the terms and conditions set out herein (the ”Terms”). Please make sure that you have read and understood the Terms before placing your order. 

Only persons who are at least the age of majority, 18 or 19 years old depending on the province/territory, and who are not under guardianship and have a residential or other address in Canada may place an order.

The inclusion of products or services on hm.com at any given time does not imply or guarantee that these products or services will be available. We reserve the right to discontinue any product at any time.

We reserve the right to amend these Terms from time to time without providing you with prior notice. The version of the Terms that will apply to your order will be those on hm.com at the time you place your order.

H&M wants to provide the best possible online experience. To achieve this goal, we need to be sure that our services run like clockwork. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site. We reserve the right to immediately bar access to the site and close the account of any user who violates this provision or any other provision in these terms and conditions.   

2. Prices and delivery charges

The prices displayed on hm.com does not include Harmonized Sales Tax (HST), local retail sales tax or the delivery charge. The HST or local retail sales tax will depend on the place of delivery and will be calculated in the checkout prior to completing the purchase. 

The delivery charge for each order will be the same, regardless of the size or weight of your order. The cost for each delivery method is clearly indicated during the check-out process. Our standard delivery fee is $7.99. If we are unable to deliver your order in full and have to make more than one delivery, there will not be an additional charge for any subsequent deliveries. Prices in-store and online may vary.

3. Ordering/conclusion of contract

The ordering options available to you are  hm.com or telephone. Please visit our customer service pages for more information.    

Once you have placed your order, you will receive an email confirmation. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for your order, we will attempt to refund the applicable amount using the same method used to make the payment. Another payment method may be used for the refund, provided that you consent to such a change; in any case this will not generate any additional charges.

4. Delivery

H&M exercises the utmost diligence in accepting and processing orders and will endeavor to deliver your order to an address in Canada in accordance with your selected delivery option.

H&M endeavors to dispatch orders as quickly as possible and in the order in which they are placed. We aim to deliver within 3 to 6 working days following confirmation of an order, unless otherwise agreed. Please allow up to 5 additional days for rural/remote areas. Though we aim to deliver within the communicated timeframe, delivery may take longer due to unexpected events. In the unlikely event the delivery time exceeds 30 days, you may cancel your order.

Before you place your order, you will be informed of the expected delivery details. Once you have placed your order, you will receive an email confirmation with your expected delivery details if you have supplied us with your email address.

You will find the full Shipping and Delivery Policy at hm.com.

If your order does not arrive by the scheduled date, please contact H&M Customer Service via telephone at 1-855-272-7007 (toll free), or via email at customerservice.ca@hm.com.

5. Withdrawal of Order

You may cancel or return your order from the date you place the order until 30 days after receipt of the ordered items. Please note that you will bear the cost of the delivery as well as a $4.99  cost to return the items to H&M. You will find the full Returns Policy at hm.com.

If you wish to cancel or return your order, please provide us with notice in writing either by post, preferably by using the pre-printed return form in your parcel, or via email to customerservice.ca@hm.com; or by sending a letter to H&M Customer Service, 1 Dundas Street West, 18th floor, Suite 1808, box 47, Toronto, ON, M5G 1Z3; and return the item(s) to us as set out in section 6 (Returns) below within the 30-day period set forth in section 5.1 above. We will provide a refund attempting to use the same method used to make the payment (or, if the items have not yet been paid for, reflect the return of the items in your account balance) as soon as possible and at the latest within 14 days of receiving your notice of cancellation, provided we have received the items or evidence of you having sent back the faulty items. Another payment method may be used for the refund, provided that you consent to such a change; in any case this will not generate any additional charges.

If the item you have received is defective, please notify H&M promptly and return the item in accordance with section 6 (Returns) below. H&M will, for any products deemed defective, provide a full refund, including the costs of delivery and return. The provisions set forth herein do not limit any applicable statutory rights.

In the event of an error in connection with any products or services displayed through hm.com (including typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability), H&M reserves the right to cancel any order prior to the time it is delivered to you.

6. Returns

H&M guarantees a full refund of any returned items in accordance with section 5 (Withdrawal of Order), provided that all items are returned in the same condition they were in upon your receipt. This means the items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and that any labels or tags should be intact.

All our parcels contain a pre-printed return form for you to use if you decide to return any items. You will find more detailed information regarding our return process on the delivery note and in our Returns and Refund Policy

Drop off your items to be returned at a pick-up point location in Canada. 

7. Payment methods

You can pay for your goods in various ways as set out below.   

Credit card or debit card
You can enter your payment details at the time you place your order using a valid credit or debit card (VISA or Mastercard). The applicable amount will immediately be reserved on your card but will not be debited until the goods are dispatched. H&M reserves the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks.

Paypal
When paying by PayPal, H&M reserves the right to check the validity of the PayPal account, that there are enough funds to cover the purchase sum and validate the billing address details of the purchaser. The applicable amount will immediately be reserved on your PayPal account but will not be debited until the goods are dispatched from the warehouse. H&M reserves the right to deny any purchase.    

H&M gift cards
You can choose to pay for all or part of your online order you with H&M gift cards and H&M merchandise cards. Read more about H&M gift cards and how to combine them with other payment methods here.

You will receive the legally required invoice document attached in the Shipping Confirmation e-mail.

8. Our Liability

Nothing in these Terms shall exclude or limit H&M's liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.  H&M accepts liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. If we breach these Terms, we shall only be liable for losses that which are a reasonably foreseeable consequence of such breach.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT H&M SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, YOUR USE OR INABILITY TO USE OUR WEBSITE; THE USE OF ANY CONTENT OR OTHER MATERIAL ON OUR WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO OR MESSAGES RECEIVED THROUGH OR FROM OUR WEBSITE; UNAUTHORISED ACCESS TO OR ALTERATION OF ANY TRANSMISSIONS OR DATA SENT OR RECEIVED BETWEEN US; STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON OUR WEBSITE; OR ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF OUR WEBSITE.

OUR MAXIMUM LIABILITY TO YOU FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH YOUR ORDER ON HM.COM SHALL BE LIMITED TO THE TOTAL PRICE OF YOUR ORDER.  

9. Colors

We make all reasonable efforts to accurately display the attributes of our products, including composition and colors. The color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.   

10. Guarantee

If there are defects in the goods you have purchased, H&M abides by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us without delay by using the provided pre-printed return form.  

11. Assignment

H&M reserves the right to assign or pledge to third parties any claim(s) for payment which have arisen in connection with the delivery of goods.     

12. Severance

If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply.  

13. Ownership of rights

All intellectual property rights, such as trademarks and copyrights at hm.com remain with H&M Hennes & Mauritz AB and its subsidiaries or licensors. Any use of hm.com or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of H&M.  

14. Company Information


H & M Hennes & Mauritz Inc.
Registered office: 1 Dundas Street West, Suite 2308, Toronto, ON M5G 1Z3, CA
Registered number: 610088-1 GST no: GST 88763 4400RT0001
Contact Details: H&M Customer Service
Email: customerservice.ca@hm.com
Phone: 1-855-272-7007 (toll free)

19/07/2017