GENERAL CONDITIONS OF SALE
1. OPPOSABILITY OF THE GENERAL CONDITIONS OF SALE
Placing an order on the www.herbelin.com website implies full and unreserved acceptance of the following terms and conditions. Terms of useThe customer agrees to be bound by the present general terms and conditions of sale in force on the day of the order and by all applicable laws, to the exclusion of all other documents such as prospectuses, advertisements or catalogs issued by Herbelin and which have only an indicative value.
No particular condition can, except formal acceptance by Herbelin, prevail over the present general conditions.
Any contrary condition set by the Customer will therefore be, in the absence of express acceptance, unenforceable against Herbelin, regardless of when it may have been brought to its attention.
The Customer, before placing an order, declares that he is of legal age or has the authorization of his legal representatives, and that he has full legal capacity, allowing him to commit himself to the present general conditions of sale and his order with Herbelin.
Herbelin reserves the right to modify at any time the present general conditions of sale.
As such, the new general conditions of sale will be enforceable against the Customer as of their validation by the latter. However, any modification of the present general terms of sale will be deemed accepted and opposable to the Customer if the latter, informed of the said modifications, does not expressly object in writing to the new general terms of sale within a period of one (1) week from the date of knowledge of this modification.
The fact that Herbelin does not avail itself at a given moment of any of the present provisions of its general conditions of sale cannot be interpreted as a renunciation to avail itself later of any of the said conditions.
2. ORDER FROM HERBELIN
Any order, to be definitively validated by Herbelin, must be preceded by the Customer’s validation of the present general sales conditions.
The Herbelin products are presented on a product sheet on which the Customer will have the possibility, before definitively validating his Order, to take note of the selling price, the amount of the delivery charges according to the given delivery address, as well as the description of the product.
To place an order, you must add the selected products to your cart. The basket summarizes the selected products and their prices. You can at any time modify or delete the products added to your basket before validating your order.
To place an order, you must follow the steps below:
- Adding the product to the cart, a page opens, you must click on ” validate the order ” to access the next step;
- Billing and Shipping: You must fill out the form to add your personal, billing and shipping information, and create an account if necessary, although an order can be placed without creating an account. Then, you must proceed to a verification of the information given with the possibility of adding a billing address different from the delivery address.
You find a summary of the order (which is no longer modifiable at this stage), you must choose the method of payment. You can choose between Paypal payment, credit card payment and 3X and 4x free payment.
You must click on ” pay with PayPal ” if you choose PayPal as your payment method or ” order ” to proceed with the payment;
- Order Confirmation : Page confirming your order and payment.
All prices for products and services, applicable taxes and other charges are in local currency unless otherwise noted. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice.
All products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products and to replace them without notice.
After his payment, the Customer will receive an e-mail summarizing the essential information of it, mentioning as an indication the delivery time.
If, for any reason beyond Herbelin’s control, Herbelin is unable to deliver the product ordered, Herbelin will send an e-mail to the customer informing him/her of the status of the order.
Herbelin retains ownership of the products delivered until full payment of the invoices and reserves the right to suspend delivery in the event of late payment until the debtor’s account has been settled in full.
Herbelin reserves the right to refuse any order for legitimate reasons, and in particular, without this list being exhaustive, in cases where the quantities ordered are abnormally high or unusual for a single Customer, in the event of fraud or attempted fraud, in the event of a payment incident where the Customer has not fully or partially settled a previous order or where there is a dispute over the payment of one or more previous orders, in accordance with article L.121-11 of the French Consumer Code.
3. CUSTOMER'S RIGHT OF WITHDRAWAL
3.1 Pursuant to Articles L.221-18 et seq. of the French Consumer Code, the Customer may exercise his or her right of withdrawal, without having to justify his or her decision, during a period of fourteen (14) clear days from the date of receipt of the product by the Customer.
In accordance with Article L.221-19 of the Consumer Code, it is specified that the day the contract is concluded is not counted in the fourteen (14) day period mentioned above. This period begins at the beginning of the first hour of the first day and ends at the expiration of the last hour of the last day of the period. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
For health and safety reasons, only unused products, correctly protected, in perfect condition, suitable for resale, accompanied by any accessories, instructions for use and documentation as well as the corresponding invoice, will be returned. These conditions are cumulative.
3.2 To exercise the right of withdrawal, the Customer must notify Herbelin :
- Its decision to exercise its right of withdrawal from the sales contract concluded with Herbelin by means of an unambiguous statement (for example, by post to the address given in point 3.3 below or by e-mail via our contact form.
- This declaration must mention the Customer’s first and last name, postal address and, when available, telephone number and e-mail address, as well as the order number.
3.3 The Customer must then return the product subject to the right of withdrawal to Herbelin without undue delay and no later than fourteen (14) clear days following the communication of his decision to withdraw, at the following address:
MH DIFFUSION SARL
9 rue de la Première Armée
25140 Charquemont – France
3.4 The company will send by e-mail to the customer a shipping label for the return of the package.
The Herbelin company is responsible for the costs of return shipment.
If the right of withdrawal is not exercised within fourteen (14) days following receipt of the goods by the consumer, the sale is considered final.
3.5 The Customer is informed that, in accordance with Article L.221-23 of the French Consumer Code, he/she may be held liable in case of depreciation of the products resulting from handling other than that necessary to appreciate the nature, characteristics and proper functioning of these products. In accordance with Directive 2011/83/EU of the European Parliament and of the Council, this use must consist of handling similar to that which the consumer would be allowed to carry out in a store.
4. PRICE
The prices displayed on the Herbelin website are those in force on the day the order is placed by the Customer.
Prices are indicated on the Site in Euros, in Pounds Sterling for the United Kingdom and in US Dollars for the United States of America or any applicable VAT in the country of delivery located in the European Union. Prices include VAT but exclude customs duties and other taxes.
Some countries outside the European Union may be subject to additional charges (duties, taxes) upon receipt according to the legislation of their country.
For any delivery to an address outside of France, the Customer will be invoiced the price including VAT of the products by the company Herbelin
5. PAYMENT
Invoices issued by Michel Herbelin are payable in cash or in 3x or 4x without charge.
Payment can be made by :
- Credit card ;
- PayPal ;
- Alma (payment in installments).
6. DELIVERY AND BILLING
6.1 Delivery and billing address
The products are delivered by Herbelin to the address indicated by the Customer at the time of his order.
Upon request, the Customer may request that an invoice be sent to a different address (known as the “billing address”) by validating the option provided for this purpose when ordering.
6.2 Delivery costs
Delivery costs are calculated by Herbelin according to the delivery address given by the Customer during the Order.
The amount of the delivery costs is brought to the knowledge of the Customer before validation of his order.
Unless otherwise specified by Herbelin, the delivery costs are to be paid exclusively by the Customer and are shown separately and visibly on the invoice issued by Herbelin.
In case of delivery outside France, the Customer remains responsible, as an importer, for the payment of all customs duties, taxes or other charges imposed upon arrival of the Product at the delivery address mentioned in the order.
Herbelin shall not be obliged to check and inform each Customer about the customs duties or taxes applicable for each delivery destination.
6.3 Delivery times
The delivery times indicated at the time of the order are as precise as possible by Herbelin.
In case of delay in delivery, Herbelin will inform the Customer by e-mail.
In accordance with articles L216-1 and L216-2 of the French Consumer Code, when the ordered product is not delivered by Herbelin at the delivery date indicated at the time of the order, or, failing that, at the latest thirty (30) days after the conclusion of the sales contract between the Customer and Herbelin, the Customer can, after having enjoined Herbelin by registered letter with acknowledgement of receipt or by a written document on another durable medium without success to perform its obligation of delivery within a reasonable additional period, to cancel the sales contract by registered letter with acknowledgement of receipt or by a written document on another durable medium. Packages are delivered within 1 to 2 working days from the time the carrier takes charge of the package.
6.4 Product verification
Upon receipt of the order, the Customer is required to check the condition of the packaging of the goods and to report on the delivery note any apparent damage due to transport.
Any incident concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products) must be reported to Herbelin within a maximum of twenty-four (24) hours from receipt of the product(s) by the Customer, via our contact form.
7. MAINTENANCE AND SERVICE
The routine maintenance of the products as well as their cleaning is the responsibility of the Customer.
In view of the specific technical features of the products, and for safety reasons, repairs may only be carried out by Herbelin’s after-sales service in accordance with the conditions specific to each product.
Consequently, Herbelin shall not be held liable in the event of modification, repair, addition and/or replacement of spare parts on the product by any party other than Herbelin’s after-sales service.
8. WARRANTIES AND LIABILITY - SALE
8.1 Contractual warranty
Herbelin takes great care in the quality of its products, which are guaranteed for a period of :
- Two (2) years for quartz products;
- Three (3) years for mechanical products.
Limits of coverage:
- The leather strap: its duration depends on the use of the watch as well as the care taken in its maintenance. It cannot be guaranteed.
- Damage to the glass, the case and more generally to any external part caused by shocks or accidental falls as well as by the presence of chemical or corrosive products are excluded from the guarantee. In addition, damage that occurs as a result of incorrect interventions or improper handling will not be taken into account.
- Immersion: or contact with water for a non-waterproof watch cannot be guaranteed. Similarly, any waterproof watch that has been opened must undergo a water-resistance test to benefit from the warranty.
Herbelin offers a 10-year warranty on its watches equipped with high resistance Newport FKM bracelets.
Only Newport watches with a Newport FKM bracelet and a warranty card with a QR code to access the warranty activation page are eligible for the 10-year warranty.
The warranty activation page can also be accessed from the website menu (“Activate your warranty” section).
The customer can activate his warranty extension within 2 years (for quartz watches) and 3 years for automatic watches.
A form must be filled out to activate the guarantee. The information entered is processed and verified. An e-mail is sent to the customer to inform him.
The customer receives a reply within 10 days, confirming (if the above criteria match) or not (if the above criteria do not match) his or her warranty activation.
The following are excluded from the warranty:
- The folding buckle
- Any problems related to inappropriate use
Herbelin offers a 5-year limited warranty on all its collections (except Newport Connect)
Only watches purchased during the period given for this operation and accompanied by a warranty card with a QR code allowing access to the warranty activation page are eligible for the 5-year warranty.
The warranty activation page can also be accessed from the website menu (“Activate your warranty” section).
The customer can activate his warranty extension within 2 years (for quartz watches) and 3 years for automatic watches.
A form must be filled out to activate the guarantee. The information entered is processed and verified. An e-mail is sent to the customer to inform him.
The customer receives a reply within 10 days, confirming (if the above criteria match) or not (if the above criteria do not match) his or her warranty activation.
The following are excluded from the warranty:
- The leather strap: its duration depends on the use of the watch as well as the care taken in its maintenance. It cannot be guaranteed.
- Damage to the glass, the case and more generally to any external part caused by shocks or accidental falls as well as by the presence of chemical or corrosive products are excluded from the guarantee. In addition, damage that occurs as a result of incorrect interventions or improper handling will not be taken into account.
- Immersion: or contact with water for a non-waterproof watch cannot be guaranteed. Similarly, any waterproof watch that has been opened must undergo a water-resistance test to benefit from the warranty.
- Battery
- Any problems related to inappropriate use
8.2 Legal warranties
Herbelin is bound to deliver a good in conformity with the contract and is responsible for the defects of conformity of the good existing at the time of the delivery as well as for the guarantee of the hidden defects under the conditions envisaged respectively by the articles L.217-4 and following of the Code of the consumption and 1641 and following of the Civil code.
8.1.1. Legal guarantee of conformity
In accordance with Article L.211-4 of the Consumer Code: “The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his expense by the contract or has been carried out under his responsibility.
Article L.217-5 of the same Code specifies that: “To be in conformity with the contract, the goods must :
(1) Be fit for the purpose ordinarily expected of similar property and, where applicable :
- correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
In these conditions, the Customer who acts in legal guarantee of conformity will be able to choose between repair or replacement of the product, subject to the conditions of cost.
The action on this basis is prescribed by two years as from the delivery of the good, in accordance with article L.217-12 of the same code.
8.1.2 Legal guarantee against hidden defects
Under Article 1641 of the Civil Code: “The seller is liable for hidden defects in the thing sold that make it unfit for the purpose for which it was intended, or that so diminish that purpose that the buyer would not have purchased it, or would have paid a lower price for it, if he had known about them.
This action must be initiated by the Customer within two (2) years of the discovery of the defect, in accordance with Article 1648 of the Civil Code.
The product will be refunded by Herbelin only if the repair and/or replacement of the product(s) is impossible. In this case, the Customer can either (i) return the product(s) and have the price refunded, or (ii) keep the product(s) and be reimbursed a portion of the sale price.
8.3 Out of warranty repairs
In case of a request for repair of a product whose warranty has expired, Herbelin will propose an estimate to the Customer.
8.4 Force majeure
Herbelin cannot be held responsible for failure to fulfill its contractual obligations due to an act of God or force majeure as defined in article 1218 of the French Civil Code as well as by French jurisprudence.
Likewise, Herbelin cannot be held responsible for any delay due to a stock shortage at one of its suppliers.
9. INDIVISIBILITY
If any provision, or portion thereof, of these Terms and Conditions shall be deemed unlawful, void or unenforceable, such provision or portion thereof shall be deemed not to be a part of these Terms and Conditions.
The legality, validity or enforceability of the remaining provisions of these terms and conditions shall not be affected, unless otherwise required by applicable law.
These terms and conditions of sale (together with the related conditions and policies referred to above) constitute the entire agreement between Herbelin and the Customer with respect to the order of products, and supersede all agreements, proposed agreements, understandings, undertakings or collateral agreements of any nature whatsoever entered into by the parties, whether oral or written, with respect to such subject matter.
10. INTELLECTUAL PROPERTY
Herbelin’s trademarks as well as all illustrations, images and logos, visual and/or textual elements appearing on the website, the products, their accessories and their packaging, and more generally all distinctive signs, are and remain the exclusive property of Herbelin. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, visual and/or textual elements, for any reason and on any medium whatsoever, without the express prior consent of Herbelin is strictly forbidden. The same applies to any combination or conjunction with any other trademark, symbol, logotype and more generally any other distinctive sign. The same applies to all copyrights, drawings, models and patents which are and remain the property of Herbelin.
11. LANGUAGE - APPLICABLE LAW - MEDIATION - JURISDICTION
11.1 The present general terms and conditions of sale are presented on the Website in French and English. In the event of a discrepancy between the French and English versions, the French version shall prevail.
11.2 The present general conditions of sale are governed by French law.
11.3 In case of dispute between the Customer and Herbelin concerning the interpretation, the execution or the termination of the present general terms of sale, Herbelin strongly encourages the Customer to contact the company in priority to try to resolve the dispute amicably.
Herbelin hereby informs the Customer that alternative dispute resolution methods such as mediation are available.
Thus, in accordance with the provisions of articles L.616-1 and R.616-1 of the Consumer Code, Herbelin informs the customer that he has the right to resort to a mediation service in case of a dispute submitted to the seller and which could not be settled amicably.
SERVICE OF MEDIATION TO THE CONSUMPTION:
Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code.
In the event of an unresolved dispute between the Professional and the Consumer, the consumer may refer the matter to the Consumer Mediator.
Before referring the matter to the Consumer Mediator, the consumer must have already tried to resolve his dispute directly with the professional by means of a written complaint or have made a complaint under the terms of the contract concluded with the professional.
Consumer mediation is an out-of-court settlement of consumer disputes.
If the conditions are met, a consumer mediation will take place according to a precise process and according to the texts in force.
The procedure is free for the consumer (R612-1 of the Code of Consumption).
TO REFER TO THE CONSUMER OMBUDSMAN :
If no agreement with the professional following a claim,
Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code (Conditions of admissibility). Free procedure for the consumer.
The Consumer Ombudsman is neutral, independent and impartial. The mediator is not part of the company with which the consumer has a dispute.
MEDIATION – LIVING BETTER TOGETHER
- www.mediation-vivons-mieux-ensemble.fr
- 465 avenue de la Libération 54 000 NANCY
- mediation@vivons-mieux-ensemble.fr
IMPORTANT:
- Never send the original documents requested to the Consumer Ombudsman. Please send photocopies
- Never send defective, disputed or refundable items to the Consumer Ombudsman
- Thank you to specify your phone number, your email address
- Please do not send emails for information
Mails sent for information (outside of a referral) will not be processed
Failing amicable settlement of the dispute, Herbelin and the 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 and conditions, please do not hesitate to contact us via our contact form.
13. MODIFICATIONS
Herbelin may at any time modify the present general conditions of sale by updating this page. You agree to all revisions and should periodically visit this page and associated pages to review the terms and conditions that apply to your use of the Site.
These terms and conditions were last updated on February 19, 2020.
Appendix 1: Withdrawal Form
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of :
MH DIFFUSION SARL
9 rue de la Première Armée
25140 Charquemont
France
Or by e-mail: Contact form
I/We (*) hereby give notice of my/our (*) withdrawal from the contract for the sale of the following goods (*):
Ordered on (*)/received on (*) :
Associated with the following order number:
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) :
(Only in case of notification of the form on paper)
Date:
(*) Cross out what is not applicable.
