CONDITIONS OF USE
OFFICIAL WEBSITE OF HERBELIN WATCHES
The www.herbelin.com website (hereinafter referred to as the “Website”) is edited and published by MH DIFFUSION (hereinafter referred to as “Herbelin” or “we/us”). Please refer to our Legal Notice on this subject.
1. CONDITIONS OF USE AND ACCESS
Access to and use of the Website and access to products and services offered to visitors and customers are governed by these Terms of Use, a Privacy Policy, a Cookie Management Policy, Terms and Conditions of Sale and all applicable laws. By accessing and browsing the Website, you accept, without limitation or qualification, these terms and policies.
2. CREATE AN ACCOUNT
Your account username must not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. You will be responsible for maintaining the confidentiality of your account registration information and all activities (including business transactions) that occur through your account. You may not transfer or sell access to your account. We will not be responsible for any harm resulting from the disclosure of your account registration information to third parties. You may not use another user’s account without that user’s permission. You will notify us immediately in writing if you discover any unauthorized use of your account or any other breach of security related to the account. We may ask you to change your account registration information if we believe your account is no longer secure. You will have no ownership rights to your account registration information. We may refuse registration, cancel an account or deny access to the Services for any reason.
By submitting your information as part of the registration process, you will have the opportunity to provide consent (opt-in by default) to receive all email communications, including administration, marketing, event planning, email discussion lists and other uses described by the Services.
You can view and modify your consent at any time from your account on the Website, but you always have the option to unsubscribe via a link in the footer of all non-transactional emails sent by Herbelin. You can also send us an e-mail via our contact form. Certain communications (e.g., important account information, invoices, etc.) are considered transactional and are necessary for all customers.
3. INTELLECTUAL PROPERTY
The Internet Site is the exclusive property of Michel Herbelin and/or its affiliates (Montres Michel Herbelin SA), who are the only ones authorized to use and exploit the intellectual property rights attached to the Internet Site, in particular the trademarks, copyrights and any other intellectual property rights.
The use of all or part of the Website, in particular by downloading, reproduction, transmission or representation, is strictly forbidden without the express, written and prior authorization of Michel Herbelin or its affiliates.
4. LIABILITY: NO WARRANTY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THIS DISCLAIMER EXTENDS TO OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS. USE OF THE SERVICES AND ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY THIRD PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE AND OUR SUPPLIERS, LICENSORS, AFFILIATES AND PARTNERS DO NOT REPRESENT OR WARRANT :
(A) THAT THE PRODUCTS, SERVICES OR OTHER INFORMATION OFFERED ON OR THROUGH OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY OF THE FOREGOING WILL BE CORRECTED; (B) THE USE OR RESULTS OF THE USE OF OUR WEBSITE, PRODUCTS OR SERVICES IN TERMS OF ACCURACY, RELIABILITY, PRECISION OR OTHERWISE. YOU USE, ACCESS OR OBTAIN INFORMATION, DATA, OR PRODUCTS THROUGH THE WEBSITE OR OUR SERVICES AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND MOBILE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
5. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES, ANY WEBSITE LINKED TO IT, ANY CONTENT AND SERVICES ON SUCH OTHER SITES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL AND LOSS OF DATA, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE.
6. DISMANTLING
If you are sued by HERBELIN in connection with your use of the Website or our services, or as a result of your breach of these Terms, you agree to indemnify, defend and hold us and our affiliates, service providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and expenses). We reserve the right to take exclusive control and defense of any claim, which you will cooperate fully with us in asserting any possible defense.
7. TERMINATION
We may, in our sole discretion and for any reason, terminate your access to the Website and our services at any time, with or without notice, without liability to you or any third party.
In addition, you agree that any attempted access to the Website constitutes unauthorized access after: (1) notification of a breach of these Terms or termination of access; (2) unauthorized use of the Website and our services; or (3) knowledge that such attempted access is in violation of these Terms.
We may investigate any violation of these Terms, including unauthorized use of the Website and our services. We may take any legal action we deem appropriate. You agree that monetary damages may not provide us with sufficient relief and that we may seek injunctive or other relief for your breach of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or no reason, we may cancel your account and prevent you from accessing our Website and services at any time without notice. If this happens, you will not be able to use the Website and our services. However, you will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Services or your account or any related information, and that we will not be obligated to provide you with the Services or your account or any related information. We may refuse to honor your current and future transactions.
You agree that your misuse of the Website and our services may cause us damages and harm, including loss of customers, lost sales and increased costs to us. You also agree that monetary damages for your misuse of the Website and our services are difficult to determine and that you, and those acting with you, will be jointly and severally liable for damages.
You agree that your failure to comply with these Terms may cause us irreparable harm, which cannot be adequately compensated by damages. You further agree that an order for specific performance or injunctive relief against you for breach or default of the Terms would be fair and not prejudicial to you, your business interests or your operations. Accordingly, in the event of any breach by you of any of the terms hereof, Herbelin, without any bond or other security being required and in addition to any other remedies which are or may be available at law or in equity, shall have the right to compel performance by you, or to obtain an injunction against you, with respect to any obligation or liability set forth herein or the breach thereof.
8. PERSONAL DATA PROTECTION AND COOKIES
To learn more about our privacy policy, please visit the following pages: Privacy Policy and Cookie Management.
9. LINKS
Herbelin may provide links on the Website to other sites, the inclusion of such links being provided as a convenience only. Herbelin makes no representations or warranties of any kind, express or implied, as to the accuracy, validity, suitability, legality or any other aspect of the materials or information found on such sites.
10. DIVISIBILITY
Any provision of these Terms of Use that is in whole or in part inconsistent with French mandatory law shall be severable and any invalidity, in whole or in part, of any such clause shall not affect the validity of the remainder of the clause in question, nor of the other clauses of these Terms of Use.
11. APPLICABLE LAW AND JURISDICTION
These Terms of Use are presented on the Site in French and English. In the event of a discrepancy between the French and English versions, the French version shall prevail.
These Terms of Use are governed by French law.
In the event of a dispute between the visitor or customer and Herbelin concerning the interpretation, performance or termination of these Terms of Use, Herbelin strongly encourages the visitor or customer to first contact the company to attempt to resolve the dispute amicably. Herbelin hereby informs the visitor or customer that alternative dispute resolution methods such as mediation are available.
In particular, the visitor or customer can contact the European Commission’s amicable dispute resolution platform available at http://ec.europa.eu/consumers/odr/.
Failing amicable settlement of the dispute, Herbelin and the visitor or customer agree to bring the dispute before the French courts. The terms of this article do not deprive consumers of their right to bring an action, or to defend themselves in the event of an action, in their country of residence or domicile, or of their right to consumer protection measures as defined by the legislation applicable in their country of residence.
12. CONTACT
If you have any questions about these Terms of Use, please do not hesitate to contact us via our contact form.
13. MODIFICATIONS
Herbelin may at any time modify these Terms of Use by updating this page. You agree to any revisions and should periodically visit this page and associated pages to review the Terms of Use that apply to your use of the Website.
These Terms of Use were last updated on June 24, 2019.
