GENERAL TERMS AND CONDITIONS

Last update Tuesday, 11 March, 2025. 

GENERAL TERMS AND CONDITIONS OF USE FOR THEBALIGARMENT.COM WEBSITE

1. Personal Data and Privacy Policy

The Privacy Policy governs the processing of any personal information that you provide to THE BALI GARMENT on this Website. 

THE BALI GARMENT may update the Privacy Policy at any time without notice by posting such updates on this Website. 

You will find the complete text of the Privacy Policy on the hyperlink labeled “Privacy and Cookies” in the “Legal” section of the footer of the Website.

Please read carefully our Privacy Policy which governs the processing of your personal information.

The Website is intended only for use by individuals 13 years of age and older. 

All content and materials on the Website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks, and all other intellectual property of any nature whatsoever) are the sole and exclusive property of THE BALI GARMENT. You may not reproduce, by any means or process, in full or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such content or materials contained on the Website.

The “THE BALI GARMENT” trademark, the trademark image of a horse and carriage and all other THE BALI GARMENT related marks, names and logos, whether or not registered, displayed on the Hermes.com website, as well as the domain name “Hermes.com,” are and will remain the exclusive property of THE BALI GARMENT.  Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose whatsoever without prior, express agreement of THE BALI GARMENT is prohibited.

You may not remove any copyright, trademark or other proprietary notice contained on the Website or any content contained therein.

2.2.

HERMÈS remains the owner of the creations relating to the products displayed on the Website.

The Terms and conditions of Use and Terms and Conditions of Sale do not grant you or any other person any entitlements of any kind to the intellectual property rights held by THE BALI GARMENT or any The Bali Garment group companies.

These intellectual property rights prohibit,  inter  alias,  the  affixing  of  THE BALI GARMENT trademarks and/or  its  logos,  or  the  insertion  of photos of the products or their packaging in any  material (including brochures, posters, catalogues, correspondence, press articles, audiovisual works, internet sites, intranet sites, etc.) without express prior written approval from THE BALI GARMENT.  You agree to refrain from fabricating and/or arranging for the fabrication of, for itself or on behalf of third parties, products that are identical to, and/or similar to, and/or constituting imitations of the products displayed on the Website or derivative products within the meaning of federal and state intellectual property laws and regulations.

The Website may contain links to third party websites not under the operation or control of THE BALI GARMENT. Such links are provided as a convenience only and cannot, and should not be interpreted as an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the Website if expressly authorized in advance in writing by THE BALI GARMENT.

To the fullest extent permitted by applicable law, THE BALI GARMENT will not be liable to you, or any third party, for any damages including without limitation indirect, incidental, exemplary, punitive, special or consequential damages, such as loss of profits, loss of goodwill or any other intangible losses, arising out of or in connection with your use or inability to use the Website, any content or materials on this website,  or any of the products or services offered on this website,  even if THE BALI GARMENT has been advised of the possibility of such damages, except where such liability or damage is the direct result of the gross negligence, fraud or willful misconduct of THE BALI GARMENT.

Use of and browsing in the Website are at your own risk.  THE BALI GARMENT does not guarantee or represent that:

-the Website is free from viruses, worms, trojan horses or other destructive material;
-the information contained on the Website is accurate, complete or up to date.

The Website may contain technical inaccuracies or other defects; HERMÈS does not guarantee that any such defects will be corrected. The Website and its contents are provided on an “as is” and “as available” basis.  THE BALI GARMENT expressly disclaims all warranties of any kind, whether express or implied, to the fullest extent permitted by applicable law.

The failure of THE BALI GARMENT to enforce any part of these Terms and Conditions of Use, General Terms and Conditions of Sale or any Specific Terms and Conditions of Sale that may be applicable to your order, shall not constitute a waiver of any of THE BALI GARMENT rights hereunder for past or future acts.

If any provision of these Terms and Conditions of Use, General Terms and Conditions of Sale or any Specific Terms and Conditions of Sale that may be applicable to your order, are determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

GENERAL TERMS AND CONDITIONS OF SALE

In addition to the General Conditions of Use of the Website and the Privacy Policy, the purchase of products offered for sale on the Hermes.com website (“Website”) is subject to these legally binding General Terms and Conditions of Sale and, where applicable, to the Specific Terms and Conditions of Sale (collectively, “Terms and Conditions of Sale“). 

All of these documents are available in the “Legal” section of the footer of the Website.

Your purchase and order of products on this Website constitutes your agreement with THE BALI GARMENT to comply with and be bound by the Terms and Conditions of Sale.   

The Website is intended for customers looking to purchase products for personal use.  Purchasing products on the Website intended for commercial resale is strictly prohibited. When you purchase a product on the Website, you represent and warrant that you are purchasing the product for personal and not commercial purposes and that you do not intend to resell, directly or indirectly, Hermès products for commercial purposes. 

THE BALI GARMENT may update these Terms and Conditions of Sale at any time without prior notice by posting them on this Website. You can view the most current version of the Terms and Conditions of Sale at any time by clicking on the hyperlink labeled “Terms and Conditions”in the “Legal” section of the footer of the Website.

For each order you place on the Website, your acceptance of the Terms and Conditions of Sale in force as of the date of your order is required. The Terms and Conditions of Sale in effect at the time of your order will govern that transaction.

2.1. Reservation Conditions

2.1.1 Availability of the service and acceptance of our reservation conditions

In order to fulfill your expectations at best, products offered on the Website for reservation in store is subject to change at any time depending on the availability of our products in store.

Products available for reservation in store will be indicated:
–    by phone, after you tell the operator the store of your choice;
–    on the Website by selecting the store of your choice.

The availability of products comes directly from our stores and may be inaccurate if there is a change in our stocks. You will be notified of any changes as soon as possible.

The reservation service is offered free of charge. The reservation conditions in place at the time of your reservation will apply.

For any reservation made by phone: you must confirm verbally that you have read and accepted these General Terms and Conditions of Sale, prior to the reservation service of Hermès products. Otherwise, you will not be able to make a reservation; and

For any reservation made through the Website: you will be requested to confirm your acceptance of these General Terms and Conditions of Sale prior to the reservation of your order.

2.1.2 Registration of the reservation, time limits for products availability and duration of the reservation’s validity

Once you have chosen a store as a collection point, checked the details of your reservation and the total price; and have validated all the General Terms and Conditions of Sale, you will receive an email from THE BALI GARMENT confirming that your reservation has been registered. This email should be retained as it constitutes proof that your reservation was received but it does not guarantee the reserved product is available.

For any reservation made during the opening hours of the selected THE BALI GARMENT(s), THE BALI GARMENT will respond about the availability of the product in the selected store within four (4) working hours following your reservation request.

Any reservation made outside the opening hours of the selected The Bali Garment(s) will be processed on the next opening day of such store.

You will be notified about the availability of your reservation by call or email according to the contact details provided at the time of reservation.

THE BALI GARMENT reserves the right to change the initially planned time and/or date for the collection of the reservation, you will be notified at the earliest opportunity.

The selected products are reserved for a period of three (3) calendar days after you receive the email confirming the reservation. If the collection has not been made during this time period, the reservation will be cancelled, and it will no longer be possible to collect the product.

2.1.3 Collection methods and ownership

To collect and pay for your reserved product in store, you will need to provide ID and your reservation number.

If you want someone else to collect and pay for the product on your behalf, you must notify the store prior to the pick-up. This person will need to provide the following:
–    The email or text message informing you about the availability of your reservation; and
–    Her/his ID

THE BALI GARMENT retains full and entire ownership of the reserved products until the full payment and your collection of the products in store, at which point, the ownership of the products is transferred to you and you assume responsibility of the product(s).

2.1.4 No right of withdrawal

The sale made in store with the reserved product does not constitute an online sale from the Website. Your purchase will be subject to the general terms and conditions of sale applicable to the store in which you made the purchase. For return or exchange, if authorized by THE BALI GARMENT, please refer to general terms and conditions of sale applicable in the relevant store.

2.2. Customer Account

You are required to create an account or log in to your existing account in order to place your order on the Website or to create an e-reservation.

Your username and password are for your personal use only. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

In no event shall THE BALI GARMENT be liable for any loss, theft or fraudulent use of your account. In such a case, you should inform THE BALI GARMENT immediately.

Creating an account allows you to:
–    track your deliveries and view your orders history;
–    return or exchange products;
–    add or change your shipping and billing addresses for future orders;
–    manage your subscriptions to the newsletter

2.3.    Placing an Order

You may place your order via the Website or by telephone by calling +62 818 0288 7700 WhatsApp number from Monday to Saturday, 10.00 a.m. to 6.00 p.m. Greenwich Mean Time (“GMT +8 Hours”).

The delivery zone for products ordered via the Website and the +62 818 0288 7700 WhatsApp number referred to above is restricted to the United States of America, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America (the “Delivery Zone”) (see “Shipping and Delivery”).

For each product selected on the Website, a summary page will be displayed featuring a photograph of the item, its coloring and references, the quantity selected, its unit price and the total amount owed for your order.

You should check that this information accurately reflects your selection before confirming your order.

Upon confirmation, your order will be submitted to THE BALI GARMENT for processing (see “Order Confirmation”). While every effort is taken to try to ensure that the coloring, design and style of the THE BALI GARMENT products in the photographs displayed on the Website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer or mobile device. THE BALI GARMENT reserves the right to reject or to cancel your order in its sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described. Accordingly, THE BALI GARMENT shall not be liable for any error or inaccuracy in the photographs or graphical representations of THE BALI GARMENT products displayed on the Website. If you have any questions about the products, you may contact Customer Service by clicking on the hyperlink labeled “Contact Us” in the “Services” section of the footer of the Website.

Please note that for customized scarves, embroidery is done by hand and stitching may be irregular.

THE BALI GARMENT reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if THE BALI GARMENT has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale, or is engaged in any fraudulent activity or for any other legitimate business reason.

For any exceptional order, please contact Customer Service by clicking on the hyperlink labeled “Contact Us” in the “Services” section of the footer of the Website or at the +62 818 0288 7700 WhatsApp number listed above.

3.1 Services related to pre-orders

Pre-orders allow customers to reserve certain Products advertised on the Website before their release date (hereinafter “pre-orders” or “pre-ordered Product”).

3.2 Purchase – Availability

Products offered for sale and displayed on the Website are subject to availability. In order to improve our quality service and ensure greater availability of our Products for all customers, THE BALI GARMENT reserves the right to limit the number of Products which can be purchased per customer.
THE BALI GARMENT shall not be liable in case of stock outage or unavailability of products. 

THE BALI GARMENT reserves the right to change the products offered for sale on the Website at any time and without notice.

Details about the availability of products are provided when you place your order. At times, errors may exist, especially in case of simultaneous orders of the same product by several customers. The availability date of the pre-ordered Product will be explicitly indicated on the Product form. If the availability date changes, you will be notified immediately by email and/or on your client account. In case a product is not available after you have placed your order, we will inform you by email or by telephone as soon as possible. You will be invited to choose another available product on the Website as substitution for the unavailable product or to cancel your order. If you cancel your order, you will be refunded if your credit card or debit card has been charged.

Customized products are final sale and cannot be cancelled once the order is placed.

To the fullest extent permitted by applicable law, THE BALI GARMENT will not be liable to you, or any third party, for any damages including without limitation indirect, incidental, exemplary, punitive, special or consequential damages, such as loss of profits, loss of goodwill or any other intangible losses, arising out of or in connection with your use or inability to use the Website, any content or materials on this website,  or any of the products or services offered on this website,  even if THE BALI GARMENT has been advised of the possibility of such damages, except where such liability or damage is the direct result of the gross negligence, fraud or willful misconduct of THE BALI GARMENT.

Use of and browsing in the Website are at your own risk.  THE BALI GARMENT does not guarantee or represent that:

-the Website is free from viruses, worms, trojan horses or other destructive material;
-the information contained on the Website is accurate, complete or up to date.

The Website may contain technical inaccuracies or other defects; HERMÈS does not guarantee that any such defects will be corrected. The Website and its contents are provided on an “as is” and “as available” basis.  THE BALI GARMENT expressly disclaims all warranties of any kind, whether express or implied, to the fullest extent permitted by applicable law.

The failure of THE BALI GARMENT to enforce any part of these Terms and Conditions of Use, General Terms and Conditions of Sale or any Specific Terms and Conditions of Sale that may be applicable to your order, shall not constitute a waiver of any of THE BALI GARMENT rights hereunder for past or future acts.

If any provision of these Terms and Conditions of Use, General Terms and Conditions of Sale or any Specific Terms and Conditions of Sale that may be applicable to your order, are determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

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THE BALI GARMENT