GENERAL CONDITION OF SALE
The website www.herbelin.com (hereinafter “Website”) is edited and published by MH DIFFUSION and its subsidiaries and its affiliates (hereinafter “Michel Herbelin” or “us/we/our”). Please refer to our Legal Notice on this subject.
All orders placed by private clients, natural persons, (hereinafter “Client”, “Clients” or “you /your”) with MH DIFFUSION, via the Website and relating to the products and the services provided by us are subject to these general conditions.
1. ENFORCEABILITY OF THE GENERAL CONDITIONS OF SALE
No special conditions can, unless formal acceptance by Michel Herbelin, prevail over these General Conditions.
Any contrary condition put forward by the Client will be, in the absence of express acceptance, unenforceable against the company Michel Herbelin, regardless of when it may have been brought to its attention.
The Client, prior to his/her order, declares to be of age or with the authorization of his/her legal representatives, and to have the full legal capacity, allowing him/her to commit himself/herself under these General Conditions of Sale and his/her order towards Michel Herbelin.
Michel Herbelin reserves the right to modify at any time these Conditions of Sale.
As such, the new General Conditions shall be enforceable against the Client as of his/her validation by the latter. However, any modification of these Conditions shall be deemed to be accepted and enforceable against the Client if the latter, having been informed of the said modifications, does not expressly oppose in writing to the new General Conditions within one week of becoming aware of this modification.
The fact that Michel Herbelin does not, at any given time, invoke any of the present provisions of these General Conditions of Sale cannot be interpreted as a waiver of any of the said conditions at a later date.
2. ORDER FROM Michel Herbelin
Any order must be preceded by the validation, by the Client, of these General Conditions of Sale to be definitively validated by Michel Herbelin.
Michel Herbelin’s products are presented on a Product Sheet on which the Client has the opportunity, before finalizing his/her order, to verify the selling price, shipping costs based on the delivery address entered, as well as the description of the product.
To place an order, you must add the selected products to your shopping cart. The cart summarizes the products selected, as well as their prices. You may at any time change or remove the products added in your cart before validating the order.
To place an order, you must follow the following steps:
- Adding the product to the cart, a page opens, you must click on “Add to cart” to access the next step;
- Billing and delivery: You must complete the form to add your billing and shipping information and create an account. Verification of the information, possibility to add an invoicing address different from the delivery address. Summary of the order (which cannot be modified anymore), you must choose the payment method. You must click on “Proceed to checkout” to proceed with the payment. You are then redirected to the secure page of the payment service you choose to pay the order
- 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 stated. 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 substitute products without prior notice.
Once the payment is made, the Client will receive an e-mail highlighting the essential information of the latter, mentioning the delivery information, as an indication.
If for any reason beyond its control, Michel Herbelin cannot proceed with the delivery of the ordered product, it undertakes to send an informational e-mail to the Client to inform him/her of the follow-up and the processing of the order.
Michel Herbelin retains ownership of the delivered products until full payment of the invoices and reserves the right to suspend delivery in the event of late payment and this until full settlement of the account.
Michel 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 Client, in case of fraud or attempted fraud and in case of payment incident.
3. CLIENT’S RIGHT OF WITHDRAWAL
Any Client could use its withdrawal right during a period of fourteen (14) days from the delivery. In such case, you shall contact Michel Herbelin at email@example.com. The return request and the procedure to follow will be confirmed to you by email. After fourteen (14) days from the Delivery, the sale is considered final.
For hygiene and safety reasons, only unused products, properly protected, in perfect condition, suitable for resale, accompanied by any accessories, instructions for use and documentation as well as the corresponding invoice will be taken back. These conditions are cumulative.
The products must be return to the following address:
MH DIFFUSION SARL
9 rue de la première Armée
25140 Charquemont – FRANCE
The company will send by e-mail to the customer a transport label for the return of the package
The costs of returns are the responsibility of the company Michel Herbelin.
Any cancellation of orders beyond the expiry of the withdrawal period will be null and void.
The prices displayed on the Michel Herbelin Website are those in effect on the day of the order by the Client.
The Price are mentioned in the Website in Euros, Pound Sterling for United-Kingdom and US Dollars for United States of America and Canada or any VAT applicable in the delivery country located in European Union. Prices includes VAT but excluded any customs duties and other taxes.
Certain countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country.
For any delivery to an address outside France, the Client will be invoiced the product price excluding tax, by Michel Herbelin. In this case, the Client will be responsible for paying the VAT due to the tax authorities at his/her delivery address, and the additional charges.
Invoices issued by Michel Herbelin are payable in full.
Payment can be made by;
- Credit card;
In case of exercise of the Client’s right of withdrawal under the conditions mentioned above, Michel Herbelin will credit the credit card of the Client in return.
- DELIVERY AND BILLING
- Delivery and billing address
The products are delivered by Michel Herbelin to the address indicated by the Client when ordering.
On request, the Client has the choice of sending an invoice to a different address (called billing address) by validating the option provided for this purpose when ordering.
- Shipping costs
The shipping costs are calculated by Michel Herbelin according to the delivery address entered by the Client when ordering.
Unless otherwise specified by Michel Herbelin, shipping costs are the sole responsibility of the Client, and appear separately and visible on the invoice issued by Michel Herbelin.
In the event of delivery outside France, the Client remains responsible, as an importer, for the payment of all customs duties, taxes or other charges imposed on arrival of the Product at the delivery address mentioned in the order.
Michel Herbelin cannot be required to check and inform each Client about the customs duties or taxes applicable for each delivery destination.
- Product Verification
At the time of receipt of his/her order, the Client is required to check the condition of the packaging of the goods and report on the delivery note all visible damage due to transport.
Any incident concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products) will be imperatively reported to Michel Herbelin within 24 hours maximum, to the following address: firstname.lastname@example.org or via the “contact us” section of the Website.
- Delivery time
The delivery times indicated by Michel Herbelin, in the order, are as accurate as possible.
Failure to deliver by the indicated time does not give rise to damages, deductions or cancellation of orders in progress.
By accepting these General Conditions of Sale, the Client waives any request for compensation for any material or immaterial damage that may result from a delay in delivery.
- MAINTENANCE AND AFTER-SALES SERVICE
Routine maintenance and cleaning of the products is the responsibility of the Client.
Due to the technical nature of the products, and for safety reasons, repairs shall only be carried out by the Michel Herbelin after-sales service in accordance with the specific conditions of each product.
Consequently, Michel Herbelin will be released from any liability in case of modification, repair, addition and/or replacement of spare parts on the product by any other party other than the Michel Herbelin after-sales service.
8. GUARANTEES AND RESPONSIBILITIES
- Warranty period
Michel Herbelin pays particular attention to the quality of its products, which benefit, from the day of delivery to the Client, from a warranty of:
– 2 years for quartz products;
– 3 years for mechanical products.
Michel Herbelin is required to deliver a product in conformity with the contract and is liable for any lack of conformity of the goods in accordance with the legal provisions.
Under these conditions, the Client, under the legal guarantee of conformity, may choose between the repair or the replacement of the product, subject to the cost conditions.
Under no circumstances will the product be refunded by Michel Herbelin.
- Repairs outside guarantees
In case of a repair request for a product whose warranty has expired, Michel Herbelin will offer a quote to the Client.
- Force majeure
Michel Herbelin cannot be held liable for breach of its contractual obligations due to a fortuitous event or a case of force majeure as defined by the course of jurisprudence and French courts.
Similarly, Michel Herbelin cannot be held liable for delay due to a product being out of stock at one of its suppliers.
If any provision or part of the provisions of these General Conditions of Sale should be deemed illegal, void or unenforceable, such provision or partial provision shall be deemed not to form part of these General Conditions of Sale.
The legality, validity or enforceability of the other provisions of these General Conditions of Sale will not be affected, unless the law in force requires the opposite.
These General Conditions of Sale (together with the above-mentioned conditions and related policies) constitute the entire agreement between Michel Herbelin and the Client with respect to the ordering of products, and cancel and replace any agreement, drafts, covenant or other agreement of any kind entered into by the parties, whether verbal or written, with respect to that object.
10. DATA PROTECTION AND COOKIES
11. APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are presented on the Website in English and French. In case of discrepancies between the English and the French version, the French version shall prevail.
These General Conditions of Sale are governed by the laws of France.
In the event of a dispute between the Client and Michel Herbelin concerning the interpretation, performance or termination of these General Conditions of Sale, Michel Herbelin strongly encourages the Client to contact the company in the first instance to attempt to resolve the disagreement amicably. Michel Herbelin hereby notifies the Client that there are alternative dispute settlement options such as mediation.
Clients might for example contact the platform of amicable solution to the dispute of the European Commission available at http://ec.europa.eu/consumers/odr/.
If no amicable solution to the dispute is found, Michel Herbelin and the Client agree to refer the dispute to the French courts. The terms of this article do not deprive consumers of their right to take legal action, or to defense in the event of legal action, in their country of residence or domicile, or of their right to consumer protection measures as set out in the legislation applicable in their country of residence.
If you have any questions about these General Conditions of Sale, please do not hesitate to contact us at email@example.com
Michel Herbelin may at any time revise these General Conditions of Sale by updating this page. You agree to all revisions and should periodically visit this page and the associated pages to review the General Conditions of Sale that apply to your use of the Website.
These General Conditions of Sale were last updated on June 24, 2019.