GENERAL TERMS AND CONDITIONS OF SALE
OFFICIAL HERBELIN WATCHES WEBSITE
1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS OF SALE
Placing an order on the www.herbelin.com website implies full and unreserved acceptance by the Customer of the Terms of Useto these general terms and conditions of sale in force on the day of the order and to all applicable laws, excluding all other documents such as brochures, advertisements or catalogs issued by Herbelin, which are for informational purposes only.
No special conditions may, unless formally accepted by Herbelin, take precedence over these general terms and conditions.
Any contrary condition imposed by the Customer shall therefore, in the absence of express acceptance, be unenforceable against Herbelin, regardless of when it may have been brought to its attention.
Prior to placing their order, the Customer declares that they are of legal age or have the authorization of their legal representatives, and that they have full legal capacity, allowing them to commit to these general terms and conditions of sale and their order with Herbelin.
Herbelin reserves the right to modify these general terms and conditions of sale at any time.
As such, the new general terms and conditions of sale will be enforceable against the Customer from the date of their validation. However, any modification of these general terms and conditions of sale will be deemed accepted and enforceable against the Customer if the Customer, informed of said modifications, does not expressly object in writing to the new general terms and conditions of sale within one (1) week from the date of acknowledgement of this modification.
The fact that Herbelin does not avail itself at a given time of any of these provisions of its general terms and conditions of sale cannot be interpreted as a waiver of the right to subsequently avail itself of any of the said conditions.
2. ORDERING FROM HERBELIN
To be definitively validated by Herbelin, all orders must be preceded by the Client's acceptance of these general terms and conditions of sale.
Herbelin products are presented on a product sheet where the customer will have the opportunity, before definitively confirming their order, to review the sales price, the delivery costs based on the delivery address provided, and the product description.
To place an order, add your selected products to your shopping cart. The cart summarizes the selected products and their prices. You can modify or remove products from your cart at any time before confirming your order.
To place an order, you must follow these steps:
- Add product to carta page opens, you must click on « confirm the order " to proceed to the next step;
- Billing and shipping : you must complete the form to add your personal, billing and delivery information, and create an account if necessary, although an order can be placed without creating an account. Then, you must verify the information provided with the possibility of adding a billing address different from the delivery address.
You'll find a summary of your order (which can no longer be modified at this stage). Please select your payment method. You can choose between PayPal, credit card, and 3 or 4 interest-free installments.
You must click on " Pay with PayPal " if you choose PayPal as your payment method or " order " to proceed with payment;
- Order Confirmation : Page confirming your order and its payment.
All product and service prices, 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 replace them without notice.
Following payment, the Customer will receive an email summarizing the essential information of the order, including an estimated delivery time.
If, for reasons beyond its control, Herbelin is unable to deliver the ordered product, it undertakes to send an informative email to the Customer to inform them of the follow-up and processing of their order.
Herbelin retains ownership of the delivered products until full payment of the invoices and reserves the right to suspend delivery in case of late payment until the debtor's account is fully settled.
Herbelin reserves the right to refuse any order for legitimate reasons, including but not limited to cases where the quantities ordered are abnormally high or unusual for a single customer, in cases of fraud or attempted fraud, in cases of payment incidents when the customer has not fully or partially paid for a previous order, or when there is a dispute over the payment of one or more previous orders, in accordance with article L.121-11 of the 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 their right of withdrawal, without having to justify their decision, for 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 French Consumer Code, it is specified that the day on which the contract is concluded is not counted in the aforementioned period of fourteen (14) days. This period begins to run at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period. If this period expires on a Saturday, Sunday, or a public holiday, it is extended until the next working day.
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 accepted for return. These conditions are cumulative.
3.2 To exercise the right of withdrawal, the Client must notify Herbelin:
- Their decision to exercise their right to withdraw from the sales contract concluded with Herbelin by means of an unambiguous declaration (for example, by postal mail to the address provided in point 3.3 below or by email via our contact form.
- This declaration must include the customer's full name, postal address, and, if available, their telephone number and email address, as well as their order number.
3.3 The Client must then return the product subject to the right of withdrawal to Herbelin without undue delay and at the latest within fourteen (14) clear days following the communication of their decision to withdraw, to the following address:
MH DIFFUSION SARL
9 rue de la première Armée
25140 Charquemont – France
3.4 The customer is responsible for return shipping costs.
If the right of withdrawal is not exercised within fourteen (14) days of 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, they may be held liable for any depreciation of the products resulting from handling other than that necessary to establish 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 authorized to carry out in a store.
3.6 Discount Rules Applicable to Returns of Damaged or Incomplete Products
In the event of returned products with damage or missing items, deductions may be applied by Herbelin according to the following rules:
- Damaged standard buckle : 20 € incl. VAT
- Damaged deployment buckle or clasp : 50 € incl. VAT
- FKM bracelet sized in our workshops : 150 € incl. VAT
- Damaged leather strap : 70 € incl. VAT
- Damaged metal bracelet : 140 € incl. VAT
- Damaged watch box : 150 € incl. VAT
- Missing packaging, boxes, and protective elements : 50 € incl. VAT
These discounts will be applied to the amount of the refund or replacement, in accordance with article L.221-23 of the French Consumer Code, in the event of depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
4. PRICE
The prices displayed on Herbelin's Website are those in effect on the day of the order 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, including any applicable VAT in the country of delivery located within the European Union. Prices include VAT but exclude customs duties and other taxes.
Certain countries outside the European Union may be subject to additional charges (duties, taxes) upon receipt according to their country's legislation.
For any delivery to an address outside France, the Customer will be invoiced the price with VAT included for the products by Herbelin
5. PAYMENT
Invoices issued by Michel Herbelin are payable in full or in 3 or 4 installments without charge.
Payment can be made by:
- Bank card;
- PayPal;
- Alma (payment in installments).
6. DELIVERY AND BILLING
6.1 Delivery and Billing Address
Products are delivered by Herbelin to the address indicated by the Customer when placing their order.
Upon request, the Customer may ask for an invoice to be sent to a different address ("billing address") by checking the option provided for this purpose when placing their order.
6.2 Delivery Costs
Delivery costs are calculated by Herbelin based on the delivery address provided by the Client when placing their Order.
The amount of the delivery charges is brought to the Customer's attention before validation of their order.
Unless otherwise indicated by Herbelin, delivery costs are the sole responsibility of the Customer, and appear separately and visibly on the invoice issued by Herbelin.
For deliveries outside of France, the Customer, as the importer, remains responsible for the payment of all customs duties, taxes, or other fees imposed upon arrival of the product at the delivery address specified in the order.
Herbelin cannot be held responsible for verifying and informing each Customer of the applicable customs duties or taxes for each delivery destination.
6.3 Delivery Times
The delivery times indicated when ordering are as accurate as possible by Herbelin.
In the event of a delivery delay, Herbelin will inform the customer via email.
In accordance with articles L216-1 and L216-2 of the French Consumer Code, when the ordered product is not delivered by Herbelin on the delivery date indicated in the order, or, failing that, no later than thirty (30) days after the conclusion of the sales contract between the Customer and Herbelin, the Customer may, after having formally requested Herbelin by registered letter with acknowledgment of receipt or by writing on another durable medium without success to fulfill its delivery obligation within a reasonable additional period, terminate the sales contract by registered letter with acknowledgment of receipt or by writing on another durable medium. Packages are delivered within 1 to 2 business days from the time the package is picked up by the carrier.
6.4 Product Verification
Upon receiving the order, the Customer is required to check the condition of the merchandise packaging and report any apparent damage due to transport on the delivery slip.
Any incident concerning the delivery (damage, product missing from 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 AFTER-SALES SERVICE
Regular maintenance and cleaning of the products are the Customer's responsibility.
Given the technical specificities of the products, and for safety reasons, repairs must only be carried out by Herbelin's after-sales service according to the conditions specific to each product.
Consequently, Herbelin will be released from any responsibility in case of modification, repair, addition and/or replacement of spare parts on the product by any other party than Herbelin's after-sales service.
8. WARRANTIES AND LIABILITIES-SALE
8.1 Contractual Warranty
Herbelin places the utmost importance on the quality of its products, which are covered by a warranty commencing from the date of delivery to the client:
- Two (2) years for quartz products;
- Three (3) years for mechanical products.
Warranty limitations:
- Leather strap: its lifespan depends on the use of the watch and the care taken in its maintenance. It cannot be guaranteed.
- Damage: to the glass, case, and more generally to any external part caused by accidental shocks or falls, as well as by exposure to chemical or corrosive products, is excluded from the warranty. In addition, damage that occurs as a result of incorrect interventions or mishandling will not be covered.
- 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 high-resistance FKM straps.
Only watches equipped with a Newport FKM strap and accompanied by a warranty card with a QR code allowing access to the warranty activation page are eligible for the 10-year warranty.
The warranty activation page is also accessible from the website footer (under "Warranty").
Customers can activate their warranty extension within 2 years (for quartz watches) and 3 years (for automatic watches).
A form must be completed to activate the warranty. The information entered is processed and verified. An email is sent to the customer to inform them.
The customer receives a response within a maximum of 15 days confirming (if the above criteria are met) or not (if the above criteria are not met) their warranty activation.
The following are excluded from the warranty:
- The deployment clasp
- Any problems related to improper use
Herbelin offers a 5-year warranty for a limited time on all its collections (excluding Newport Connect)
Only watches purchased during the given period 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 is also accessible from the website menu ("Activate your warranty" section).
Customers can activate their warranty extension within 2 years (for quartz watches) and 3 years (for automatic watches).
A form must be completed to activate the warranty. The information entered is processed and verified. An email is sent to the customer to inform them.
The customer will receive a response within a maximum of 10 days confirming (if the above criteria are met) or not (if the above criteria are not met) their warranty activation.
The following are excluded from the warranty:
- Leather strap: its lifespan depends on the use of the watch and the care taken in its maintenance. It cannot be guaranteed.
- Damage: to the glass, case, and more generally to any external part caused by accidental shocks or falls, as well as by exposure to chemical or corrosive products, is excluded from the warranty. In addition, damage that occurs as a result of incorrect interventions or mishandling will not be covered.
- 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 improper use
8.2 Legal Guarantees
Herbelin is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery, as well as for the hidden defects warranty under the conditions provided for respectively by articles L.217-4 et seq. of the French Consumer Code and 1641 et seq. of the French 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 that conform to the contract and is liable for any lack of conformity existing at the time of delivery."
It also responds to conformity defects resulting from packaging, assembly instructions, or installation when this has been assigned to it by the contract or has been carried out under its responsibility.
Article L.217-5 of the same Code specifies that: "To comply with the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Under these conditions, the Customer who acts under the legal guarantee of conformity may choose between repair or replacement of the product, subject to cost conditions.
Action on this basis is time-barred after two years from the delivery of the good, in accordance with article L.217-12 of the same code.
8.1.2 Legal Guarantee for Hidden Defects
Under article 1641 of the Civil Code: "The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for the use for which it is intended, or that so impair its use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known of them."
This action must be brought 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 only be refunded by Herbelin if the repair and/or replacement of the product(s) is impossible. In this case, the Customer may either (i) return the product(s) and be refunded the price or (ii) keep the product(s) and be refunded part of the sale price.
Out-of-Warranty Repairs
In the event of a repair request for a product whose warranty has expired, Herbelin will provide the Client with a quote.
8.4 Force Majeure
Herbelin cannot be held liable for failure to fulfill its contractual obligations due to a fortuitous event or a case of force majeure as defined in article 1218 of the French Civil Code and by French jurisprudence.
Similarly, Herbelin cannot be held liable for any delay due to a shortage of stock at one of its suppliers.
9. SEVERABILITY
If any provision, or part of a provision, of these general terms and conditions of sale should be deemed illegal, void or unenforceable, said provision or partial provision shall be deemed not to form part of these general terms and conditions of sale.
The legality, validity, or enforceability of the other provisions of these general terms and conditions of sale shall not be affected, unless otherwise required by applicable law.
These general terms and conditions of sale (as well as the aforementioned related terms and policies) constitute the entire agreement between Herbelin and the Customer with respect to the order of products, and cancel and replace all agreements, draft agreements, arrangements, commitments or ancillary contracts of any kind whatsoever entered into by the parties, whether oral or written, with respect to this subject.
10. INTELLECTUAL PROPERTY
Herbelin trademarks, as well as all illustrations, images and logos, visual and/or textual elements appearing on the website, the products, their accessories and 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 prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logo and more generally any other distinctive sign. The same applies to any copyright, design, model and patent which are and remain the property of Herbelin.
11. LANGUAGE - APPLICABLE LAW - MEDIATION - JURISDICTION
These general terms and conditions of sale are presented on the Website in French and English. In case of discrepancies between the French and English versions, the French version shall prevail.
11.2 These general terms and conditions of sale are governed by French law.
11.3 In the event of a dispute between the Customer and Herbelin concerning the interpretation, performance or termination of these general terms and conditions of sale, Herbelin strongly encourages the Customer to contact the company first to attempt to resolve the dispute amicably.
Herbelin hereby informs the Customer of the existence of alternative dispute resolution methods such as mediation.
Therefore, in accordance with the provisions of articles L.616-1 and R.616-1 of the French Consumer Code, Herbelin informs the customer that they have the right to use a mediation service in the event of a dispute submitted to the seller that could not be settled amicably.
CONSUMER MEDIATION SERVICE: 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 contacting the consumer mediator, the consumer must have already attempted to resolve their dispute directly with the professional through a written complaint or have made a complaint according to 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, consumer mediation will take place according to a specific process and according to the texts in force.
The procedure is free of charge for the consumer (R612-1 of the Consumer Code).
TO CONTACT THE CONSUMER MEDIATOR:
If none agreement with the professional following a complaint
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 mediator is neutral, independent, and impartial. The mediator is not part of the company with which the consumer has a dispute.
MEDIATION – LET'S LIVE BETTER TOGETHER
- www.mediation-vivons-mieux-ensemble.fr
- 465 avenue de la Libération 54000 NANCY
- mediation@vivons-mieux-ensemble.fr
IMPORTANT:
- Never send the original documents requested to the consumer mediator. Please send photocopies.
- Never send defective, disputed, or refund items to the consumer mediator
- Please specify your phone number, your email address
- Please do not send emails for information
Emails sent for informational purposes (outside of a formal complaint) will not be processed.
In the absence of an 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 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 general terms and conditions of sale, please do not hesitate to contact us via our contact form.
13. MODIFICATIONS
Herbelin may revise these terms of sale at any time by updating this page. You accept all revisions and should periodically visit this page and associated pages to review the terms of sale that apply to your use of the Site.
These general terms and conditions of sale 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
United States
Or by email: Contact Form
I/We (*) hereby give notice of my/our (*) withdrawal from the contract for the sale of the goods (*) below:
Ordered on (*)/received on (*):
Associated with the following order number:
Consumer(s) name(s):
Address of the (*) consumer(s):
Signature of the (*) consumer(s):
(Only in case of notification of the form on paper)
Date:
(*) Delete as appropriate.
