TERMS OF USE

OFFICIAL MICHEL HERBELIN WATCHES WEBSITE

The site www.michel-herbelin.com (hereinafter “Website”) is edited and published by MH DIFFUSION (hereinafter “Michel Herbelin” or “us / our”). Please refer to our Legal Notice on this subject.

1. CONDITIONS OF USE AND ACCESS

Access to the Website, its use and access to the products and services offered to visitors and customers are governed by these Terms of Use, a Privacy Policy, a Management Policy Cookies, General Conditions of Sale and by all applicable laws. By accessing and consulting the Website, you accept, without limitation or qualification, these conditions and policies.

2. CREATION OF AN ACCOUNT

To use certain features of our Website, you will need to register to create an account. Registration will be validated by Michel Herbelin, or by a third party integration partner (such as Facebook, Google, Open ID, etc.) and a registration confirmation will be sent to you with the communication or contact preference provided.

Your account username must not include another person’s name with the intent to impersonate that person, or to be offensive, vulgar, or obscene. You will be responsible for the confidentiality of information relating to the registration of your account and all activities (including business transactions) that are carried out through your account. You cannot transfer or sell access to your account. We will not be responsible for any harm associated with the disclosure of your account registration information to third parties. You cannot 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 account security. We may ask you to change your account registration information if we believe your account is no longer secure. You will not have any ownership rights in 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 be given the opportunity to give your consent (opt-in by default) for the receipt of 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 email messages sent by Michel Herbelin. You can also send us an email at contact@herbelin.com. Certain communications (eg, important information about 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 affiliates (Montres Michel Herbelin SA), the only ones authorized to use and exploit the intellectual property rights attached to the Website, in particular the brands , copyright and all intellectual property rights.

The use of all or part of the Website, in particular by downloading, reproduction, transmission or representation is, without the express, written and prior authorization of Michel Herbelin or his affiliated companies, strictly prohibited.

4. LIABILITY: NO WARRANTY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR USE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR WEBSITE OR FROM OUR SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THIS DISCLAIMER EXTENDS TO OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS. YOUR USE OF THE SERVICES AND ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND THE MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS OF THIRD PARTIES 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 GUARANTEE:

(A) THAT THE PRODUCTS, SERVICES OR ANY OTHER INFORMATION OFFERED ON OR THROUGH OUR WEBSITE OR OUR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL ELEMENTS, OR ALL OF THE ABOVE WILL BE CORRECTED; (B) THE USE OR THE RESULTS OF THE USE OF OUR WEBSITE, PRODUCTS OR SERVICES IN TERMS OF ACCURACY, RELIABILITY, ACCURACY OR OTHERWISE. YOU USE, ACCESS OR OBTAIN ANY 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 SYSTEM). AND YOUR MOBILE DEVICE) OR ANY 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 LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL NOT BE LIABLE FOR ANY NATURE WHETHER, UNDER ANY LEGAL THEORY, ARISING OUT OF YOUR USE OR INABILITY TO USE OUR WEBSITE OR OUR SERVICES, ANY LINKED WEBSITE, ANY CONTENT AND SERVICES FROM SUCH OTHER SITES, INCLUDING , WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, BODILY INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF ‘EXPECTED BUSINESS OR SAVINGS, LOSS OF USE, LOSS OF CUSTOMER AND DATA, AND THIS, EVEN IF IT IS FORESEEABLE, WHETHER IN RESPONSIBILITY (INCLUDING NEGLIGENCE), BY CONTRACT OR OTHERWISE.

6. COMPENSATION

In the event of a lawsuit against MICHEL HERBELIN in connection with your use of the Website or our services, or following your violation of these Conditions, you agree to indemnify us, defend us and hold us , we and our affiliates, contractors, suppliers, advertisers and sponsors, and each of our officers, directors, employees and agents, harmless against all claims, damages, losses and costs of any kind (including reasonable legal fees and expenses) . We reserve the right to take sole control and defense of any claim, to which you will cooperate fully with us in asserting any possible defense.

7. TERMINATION

We may, at our sole discretion and for any reason whatsoever, terminate your access to the Website and our services at any time, with or without notice, without incurring our liability to you or a third party.

In addition, you agree that any attempt to access the Website constitutes unauthorized access after: (1) notification of violation of these Terms or termination of access; (2) illegal 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 can take any legal action we deem appropriate. You agree that pecuniary damages may not provide us with sufficient relief and that we may seek an injunction or other remedy 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 no longer 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 the 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 information. related. We may refuse to honor your current and future transactions.

You agree that your misuse of the Website and our services may cause us harm and harm, including decreased customer base, lost sales and increased costs. You also agree that pecuniary damages for your misuse of the Website and our services are difficult to determine and that you, and those who act 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, harm which cannot be adequately compensated by damages. You further agree that a specific enforcement order or injunction against you for breach or default of the Terms would be fair and not cause you harm, your business interests or your activities. Consequently, in the event of your failure to comply with one or other of the terms and conditions provided for herein, Michel Herbelin, without any bond or other guarantee being required and in addition to other remedies that are or could be available at law or in equity, will have the right to demand enforcement by you, or to obtain an injunction against you, in respect of any obligation or obligation set out in this or the breach thereof .

8. PROTECTION OF PERSONAL DATA AND COOKIES

To learn more about our data protection policy, please visit the following pages: Privacy Policy and Cookie Management.

9. LINKS

Michel Herbelin may provide links on the Website to other sites, the inclusion of such links being provided as a service only. Michel Herbelin makes no declaration and disclaims any form of express or tacit guarantee as to the accuracy, validity, adequacy, legality or any other characteristic of the elements or information on such sites.

10. DIVISIBILITY

Any provision of these conditions of use which would be, in whole or in part, in contradiction with French mandatory law will be severable and any nullity, total or partial, of such a clause will not affect the validity of the rest of the clause in question, nor of the other clauses of these conditions.

11. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

These Terms of Use are presented on the Site in French and English. In the event of a discrepancy between the French version and the English version, the French version prevails.

These Terms of Use are governed by French law.

In the event of a dispute between the visitor or the client and Michel Herbelin concerning the interpretation, execution or termination of these Terms of Use, Michel Herbelin strongly encourages the visitor or the client to make contact as a priority with the company to try to resolve the dispute amicably. Michel Herbelin hereby informs the visitor or the client that there are alternative dispute resolution methods such as mediation.

Visitors or customers can in particular contact the European Commission’s amicable dispute resolution platform available at http://ec.europa.eu/consumers/odr/.

In the absence of an amicable settlement of the dispute, Michel Herbelin and the visitor or the client agree to bring the dispute before the French courts. The terms of this article do not deprive consumers of their right to take legal action, or of their right to defense in the event of legal 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 regarding these Terms of Use, please do not hesitate to contact us at contact@herbelin.com.

13. MODIFICATIONS

Michel Herbelin can 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 Service that apply to your use of the Website.

These Terms of Use were last updated on June 24, 2019.