TERMS OF USE
OFFICIAL HERBELIN WATCHES WEBSITE
The website www.herbelin.com (hereinafter “Website”) is edited and published by MH DIFFUSION (hereinafter “Herbelin” or “us/our”). Please refer to our Legal Notice regarding this matter.
1. TERMS OF USE AND ACCESS
Access to and use of the Website, and access to the products and services offered to visitors and customers, are governed by these Terms of Use, a Privacy Policy, a Cookie Management Policy, General 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. ACCOUNT CREATION
Your account username must not impersonate anyone, nor be offensive, vulgar, or obscene. You are responsible for the confidentiality of your account registration information and all activities (including commercial transactions) conducted through your account. You may not transfer or sell access to your account. We are not liable for any harm related to the disclosure of your account registration information to third parties. You may not use another user's account without their permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your account registration information if we believe your account is no longer secure. You 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 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 review and modify your consent at any time from your account on the Website. You may also unsubscribe via a link in the footer of all non-transactional emails sent by Herbelin, or by sending us an email. via our contact form. Certain communications (e.g., important information regarding your account, invoices, etc.) are considered transactional and are necessary for all customers.
3. INTELLECTUAL PROPERTY
The Website is the exclusive property of Michel Herbelin and/or its affiliated companies (Montres Michel Herbelin SA), which are solely authorized to use and exploit the intellectual property rights attached to the Website, including trademarks, copyrights, and any intellectual property rights.
Use of all or part of the Website, including downloading, reproduction, transmission, or representation, is strictly prohibited without the express prior written authorization of Michel Herbelin or its affiliates.
4. RESPONSIBILITY: ABSENCE OF 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 will create any warranty not expressly stated herein. This disclaimer of liability extends to our officers, directors, employees, shareholders, agents, suppliers, licensors, affiliates, and subcontractors.
The use of the services and any goods or services obtained through the services is at your own risk. The services, as well as any media, content, software, goods, services, or third-party applications made available as part of or through the services, are provided "as is" and "as available" without warranty or representation of any kind, 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 the results of the use of our website, products or services in terms of their correctness, accuracy, reliability, 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 resulting from downloading or using such material or data.
5. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we, our affiliates or our licensors, service providers, employees, agents, officers, or directors shall not be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our website or services, any websites linked to it, any content on those other websites, including but not limited to, direct, indirect, special, incidental, consequential, or punitive damages, bodily injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data.
And this, even if foreseeable, whether in tort (including negligence), contract, or otherwise.
6. COMPENSATION
In the event of any legal action against HERBELIN in connection with your use of the Website or our services, or following 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 costs). We reserve the right to assume the exclusive control and defense of any claim, to which you will fully cooperate with us in asserting any available defenses.
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.
Furthermore, you agree that any attempt to access the Website constitutes unauthorized access after: (1) notification of a breach of these Terms or termination of access; (2) unlawful 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 equitable relief for your violation 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 terminate your account and prevent you from accessing our Website and services at any time without notice. If this happens, you will no longer be able to use the Website and our services. You will, however, still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for any termination of your access to the Services or your account or any related information, and we will not be required to make the Services or your account or any related information available to you. We may refuse to honor pending and future transactions.
You agree that your misuse of the Website and our services may cause us damage and harm, including diminished goodwill, lost sales, and increased expenses. You further agree that monetary damages for your misuse of the Website and our services are difficult to determine and that you, and those acting in concert 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 monetary damages. You further agree that an order for specific performance or an injunction against you in the event of a breach or default of the Terms would be equitable and would not cause you harm, to your business interests, or to your activities. Therefore, in the event of your breach of any of the terms hereof, Herbelin, without any bond or other security being required and in addition to any other remedies that are or may be available at law or in equity, shall have the right to demand specific performance from you, or to obtain an injunction against you, with respect to any obligation or covenant set forth herein or the breach thereof.
8. PERSONAL DATA PROTECTION AND COOKIES
To learn more about our data protection 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 is for convenience only. Herbelin makes no representations and disclaims all warranties, express or implied, as to the accuracy, validity, suitability, legality, or any other aspect of the materials or information contained on such sites.
10. SEVERABILITY
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 such a clause shall not affect the validity of the remainder of the clause in question, nor of the other clauses of these Terms.
11. APPLICABLE LAW AND JURISDICTION
These Terms of Use are presented on the Site in French and English. In case of discrepancies 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, execution, 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 exist, such as mediation.
The visitor or customer may, in particular, contact the European Commission's online dispute resolution platform available at http://ec.europa.eu/consumers/odr/.
In the absence of an 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 legal action, or their right of defense in the event of legal action, in their country of residence or domicile, nor of their right to consumer protection measures as defined by the applicable legislation in their country of residence.
12. CONTACT
If you have any questions regarding these Terms of Use, please do not hesitate to via our contact form.
13. MODIFICATIONS
Herbelin may modify these Terms of Use at any time by updating this page. You agree to all 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.
