TERMS AND CONDITIONS

The website located at www.shop.michel-herbelin.com (the "Website" or “Site”), and any associated e-commerce platforms, services, tools, modules, and applications collectively (the “Services”) is operated by MH DIFFUSION, a French “société à responsabilité limitée”, with a share capital of EUR 100.000,00, with a registered office situated 9 rue de la Première Armée - 25140 Charquemont, France, registered with the Belfort Company and Trade register under no. 444 017 008, with an intra-community VAT no. FR88444017008 and its subsidiaries, affiliates and agents (hereinafter “MH Diffusion” or “us/we/our”). 

phone: 0381686767

email: contact@herbelin.com

By using our Services, you (or your agents, employees or other using the Services on your behalf, collectively “you”) agree to be bound by these Terms and Conditions (“Terms and Conditions”, “T&C” or this “Agreement”) and the accompanying Privacy Policy. These Terms & Conditions govern all interactions between the MH Diffusion and the users of the Services.


1. GENERAL INFORMATION


Before you use this site, please read these terms of use carefully. This Agreement applies to all use of the Services and includes transactions or orders placed with MH Diffusion for products and services offered on the Website. 


The T&C can be accessed at any times on the Website.  MH Diffusion reserves the right to adapt or modify these T&C at any time without further notice to You. The applicable version of the T&C is the version published on the Website at the date of the order. Please check these Terms each time you use the Services, as they are legally binding on you. Your continued use of the Services after the posting of revised Terms constitutes your binding acceptance of such changes. If you are dissatisfied with any Service, these Terms, or the Privacy Policy, then your exclusive remedy is to discontinue using the Services. It is your responsibility to regularly check the Sites to determine if there have been changes to these Terms of Use and to review such changes.


By using the Services (including by conducting transactions using the Website), you fully agree to these T&Cs without any reservations or limitations. 


2. ACCESS


We do not guarantee the availability or accessibility of the Services, the content provided by the Services or the products offered for saleby the Services.   We further do not guarantee that provision of the Services will be uninterrupted, timely or error-free. 


For any reason, including technical maintenance and/or security reasons, MH Diffusion may be obliged to partially or totally suspend access to the Services with or without notice. By accepting these T&Cs, you accept any such technical interruptions.


We reserve the right to update the Services at any time, at solely our discretion.

  

3. REGISTRATION 


To use certain features of the Services, you will be required to register for an account (the “Account”). Registration will be validated by MH Diffusion, or a third-party integration partner (such as but not limited to Facebook, Google, Open ID, etc.) and a confirmation of the registration will be sent to you the communication or contact preference provided.  


Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.  You will be responsible for the confidentiality of your account registration information, and for all activities (including commercial transactions) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to your disclosure of your account registration information to third parties. You may not use another user's account without that user's 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 account registration information if we believe your account is no longer secure. You will have no ownership 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 are defaulted to an opt-in status (except for regions outside of U.S.) that will apply for all email communications, including administration, marketing, event planning, email discussion lists, and other uses as described by the Services.


You can view and change your opt-in status at any time from your account on www.shop.michel-herbelin.com, but always have the opportunity to opt-out via a link in the footer of all non-transactional email messages sent by MH Diffusion. Alternatively, you can email us at contact.usa@herbelin.com.  Some communications (e.g., important account notifications and billing information) are considered transactional and are necessary for all customers.


4. ORDERS


In connection with the Services you may have the opportunity to purchase products or services provided by us (“Orders”). 


When creating an Account, you certify that the information you provide is complete, accurate and up-to-date. For instance, if the address you provided is incorrect, MH Diffusion cannot be held liable in case of any inability to deliver the products ordered. 


To place an order, you must be at least 18 years of age and/or have full legal capacity to enter into contracts and possess a valid payment method acceptable to MH Diffusion’s payment provider. MH Diffusion reserves the right to refuse any Order and to close an Account at its sole discretion. 


You represent and warrant that you are authorized to use any designated payment method you select, and that you authorize us (or our third-party payment processor) to charge or access your payment method for any Orders placed via your Account using the Services (including any applicable taxes, delivery charges, and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order and/or Account may be suspended or cancelled. 


To place an order, you must add the selected products to your shopping cart (the “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 three (4) steps: 


1. Visualization page of the Cart, summarizing your order and the total price: you must click the “go to shipping” button to validate your choices and go the next page or before clicking you can change your order; 

2. Shipping page: Select or enter tour shipping and billing address and choose your delivery mode, click on “go to checking”;

3. Checking page: where you can correct potential errors or mistakes in your orders or information: you must tick the  “T&C” to go further and then click on the “go to payment” button to confirm all information and go to the last step; 

4. Confirmation page, where you can validate your order and make it final: you must click on the “validation and payment” button to be redirected to our payment processor’s secure page to settle the transaction.


All prices for products and services, applicable taxes and other charges are in U.S. dollars, 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 using the Services 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.  


Validation of the Order implies your full acceptance of all provisions of these T&C, and you will be asked to affirmatively content to being bound by these Terms and Conditions by ticking the corresponding box on the validation page.


Once your Order and payment have been validated, you will be redirected to a confirmation page and an email of confirmation summarizing the order (products, prices, quantity, etc.) will be sent to you in a timely manner, conditions permitting. 


If you wish to cancel or modify your Order, please send an email as soon as possible to customerservice.usa@herbelin.com. We will make every effort to accommodate your request; however, once a product has left our premises for shipping, the purchase cannot be cancelled or modified until the product has been returned to us. In this case, please refer to our return policy and return your purchase once you have received it.


Note that data, including prices, may be inaccurately displayed by the Services due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact us using one of the methods provided herein.  


5. ORDER REFUSAL


MH Diffusion reserves the right to remove at any time any product displayed on by or through any portion of the Services (including the Website) and/or to replace or modify any content or information related to any product. Despite best efforts to satisfy your expectations, MH Diffusion may be obliged to cancel an order even after having sent a confirmation by email.  In such case, the order will be reimbursed.


MH Diffusion cannot be held liable in case of the removal of a product from the Website, in case of the replacement or modification of any content published on any portion of the Services (including but not limited to the Website), or in case of refusal of an order even after having sent the email confirmation. 


To limit fraud, MH Diffusion monitors all orders placed using the Services. If any doubt arises as to the authenticity of an Order, MH Diffusion reserves the right, prior to completing the transaction, to ask you to prove your identity (such as though a passport, identity card, or driver's licence with photograph), your place of residence and the means of payment used. Your Order may be processed once these documents have been provided, however we reserve the right to cancel your order even if such documents are provided or, based on our sole determination. 


6. PRODUCTS


The products offered for sale are those that are described and available using the Services and are currently in stock. Stock information is updated regularly, but MH Diffusion is under no obligation to provide you with the requested product if, upon stock update, the requested item is no longer available.  If any products are out of stock or otherwise unavailable after you have placed your order or before we are able to remove it from the Website, our Customer Services Department will make every effort contact you based on the information in your Account or provided by your Order.


MH Diffusion endeavors to ensure that the products sold through the Services are described and depicted by photographs with the highest possible accuracy. However, due to the mode of presentation of these products, it is possible that the perception of the photographic depiction of the products does not exactly correspond to the products themselves. The photographs depicting the products are displayed for information only and do not constitute a binding obligation to provide the exact product provided in any advertising or product display provided via the Services. 


In any case, in the event of nonconformity of the product delivered compared to its description on the Services, your sole remedy is to return the product in accordance with our return policy.


Every product is covered under a limited two-year warranty. The warranty covers material and manufacturing defects existing at the time of delivery for twenty-four (24) months after the date of purchase.  Warranties are only honored with a valid warranty certificate from MH Diffusion. 


7. PRICES


All prices mentioned on the Services are in US Dollars. The final price of your order is shown on the Visualization page of the Cart, before validation and payment. Prices include delivery fees.


Certain states may be subject to additional charges (duties, taxes) upon reception depending upon their legislation.


MH Diffusion reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.


While we try to ensure that all prices on products offered through the Services are accurate, errors may occur. If we discover an error in the price of the merchandise you have ordered, we will give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.


8. PAYMENT


Payment is due at time of ordering.


The purchases shall be settled either via PayPal, or via credit card (Visa, Mastercard and American Express) using the secure platform provided by our payment processor. You acknowledge that disclosure of your payment account number to MH Diffusion gives us authorization to debit your account in the amount reflected in the purchase total. If any issue arises with the payment, a notice of order cancellation for error of payment will be sent to you by MH Diffusion to the email address registered in your Account.


We make every attempt to ensure that your account details (card number, expiry date, etc.) are encrypted; and not displayed online at any time.  Transaction data is sent to the payment processor and is not communicated to MH Diffusion. MH Diffusion does not knowingly keep payment details.  However, for disputes or refunds, we do keep information relating to the Order, such as, but not limited to, the Account that placed the order, the payment method selected, the delivery address provided and the date and time of the transaction.


The data recorded and kept by MH Diffusion constitutes proof of the order and all previous transactions. The data recorded by our payment processor constitutes proof of the financial transactions.


We make every attempt to ensure that any payment transactions are encrypted using SSL technology.


All orders made using the Services are processed in and shipped from France. Hence, some US banks or credit cards charge a foreign transaction fee for purchases made from online stores based in the European Union. MH Diffusion does not charge such fees, but your bank might. If you have any doubts about such fees, please contact your bank or credit card company before purchasing any products.


Payments in cash, CODs, checks, money orders, gift certificates or electronic gift cards are not accepted, unless otherwise explicitly stated. 


All invoices for orders placed using the Services will be sent to you by e-mail (at the address indicated in your Account) after each order and will be available in your Account.


For any questions regarding payment, please contact customerservice.usa@herbelin.com


9. DELIVERY


Delivery operates at the time of the transfer of the product’s physical possession to you (the “Delivery”). The risk of lost or deterioration of the product is transferred to you at the time of the Delivery.


At this time, Delivery of products ordered using the Services is available in the United States only. 


The Delivery is made to the address indicated at the time of order, being specified that it must be the address of your residence, of the residence of an individual of your choice or a legal entity. Deliveries cannot be made either to hotels or P.O. boxes.


Your order must be received and clear credit authorization by 12:00 pm (noon) Paris, France Time to be processed on the same day. Orders received and/or cleared after that time will not be processed until the following business day. Business days are Monday - Friday, excluding holidays in France.


Generally, delivery and shipping are handled by a third-parties. When you purchase a product, any delivery or shipping times shown on the Services are estimates only. Actual delivery dates and times may vary.  In the case of inclement weather, natural disaster, infrastructure outages or other events beyond our control that interfere with our ability, or a third parties’ ability to deliver your order, we will attempt to have your order delivered as soon as reasonably possible.  In no case, shall we be held liable for any direct or indirect damage resulting from delay of Delivery for any reason.


You must make sure that the Delivery address you provided is complete, accurate and up-to-date. In case of inability to deliver the products at the address indicated, products will be returned to MH Diffusion and we will contact you to organize another Delivery.


It is important that you carefully check your product when you receive your shipment to verify that the product(s) are correct and not damaged. If your product is damaged during transport, whether the damage is visible or hidden, you must report this as soon as possible to the carrier. 

If you receive your item and see that it is damaged or does not match the one you ordered, please contact us immediately and return us the product within fourteen (14) days from receiving the product.


10. REFUNDS & RETURNS


Any non-professional customer could use its withdrawal right during a period of fourteen (14) days from the Delivery. In such case, you shall contact MH Diffusion at customerservice.usa@herbelin.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. 

The products must be returned with its original packaging, with the original labels, brand new, and unworn, to the following address:

MH DIFFUSION SARL
9 rue de la Première Armée
25140 CHARQUEMONT 
FRANCE

All shipping and handling charges are non-refundable and payable by you.

Products returned will be inspected by MH Diffusion. Refunds are subject to the receipt of the products in perfect condition, and any product that fails quality inspection (scratches, worn, damaged) will be returned to you and no refund will be issued. Watches with rubber straps that are sized (cut) are not returnable or exchangeable.


Defective products returned to MH Diffusion should be treated as if they were faultless. It is in all types of returns extremely important that the product is packaged in such a way that it cannot be damaged during transit.

MH Diffusion has the right to replace defective products with products of the same model. If the product has been discontinued, you will receive a full refund. In the case that a returned product has no errors or faults, MH Diffusion will send the product back to you (postage and packing costs payable by you).

We will exchange the returned product (postage and packing costs payable by you) or, if you prefer, we will reimburse you using the same payment method used to pay the order within fifteen (15) days following receipt of the returned products.

In the event of nonconformity of the product delivered compared to its description made available by the Services, we will reimburse you the postage cost and exchange the returned product or, if you prefer, we will reimburse you using the same payment method used to pay the order within fifteen (15) days following receipt of the returned products.

11. GUARANTEES AND RESPONSIBILITY


We make no guarantee that access to the Service will be available at all times.  MH Diffusion has no obligation or liability to you for any inconvenience or damage arising from your use of the Services, including any damages resulting from internet outages, service denials, external intrusion or presence of computer viruses or any other incident of force majeure, according to law and jurisprudence.

Documents, details, descriptions and information related to the products published on the Service are not covered under any guarantee, express or implicit, except the guarantees provided by law.

Any complaints shall be made to our customer service using our email address customerservice.usa@herbelin.com. Please provide the order number and the reason for complaint and we will get back to you shortly. The procedure to follow will be confirmed to you by email.

12. FORCE MAJEURE


In the event of a force majeure event, the party concerned shall notify the other within fifteen (15) days from the occurrence of the event.

Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the course of jurisprudence and French courts, total or partial strikes, lockouts, riots, boycotts or other actions in industrial or disputes commercial, civil disturbance, insurrection, war, bad weather, epidemics, blockage of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal changes or regulatory forms of marketing, computer failure, telecommunications blocking, including wired and wireless telecommunications networks, and other cases independent of the will of the parties preventing normal execution of the contractual relationship.

All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation.

If the force majeure event continues for more than three (3) months, the contract concerned shall be terminated automatically without indemnity to one or other of the parties.

13. Ownership 


The Services and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, program code or software that resides or is viewable, submitted or otherwise discoverable on or by the Services (collectively, the "Content") is owned by us or our licensors. We have Copyright rights in the Services and Content. We may change the Content and features of the Services at any time.

So long as you adhere to the terms of this agreement, we grant you a limited, revocable, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view or use the Services and Content as permitted by these Terms and Conditions. As a condition precedent, you agree that you will not:

Create similar or competing sites, applications, services, or products using information, data, code or materials obtained from the Services or Content.  
Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Manipulate identifiers, including by forging headers, in order to disguise the origin of any actions conduct with or through the Services; 
Link to any portion of the Services other than the URL assigned to the home page of our Site or a URL for user storage located within the Service;
"Frame" or "mirror" any part of the Services;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
Remove any copyright, trademark or other proprietary rights notices contained on/in the Services;
Use any robot, spider, offline reader, search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents, including with respect to any CAPTCHA or other account registration system provided or displayed on the Services. Where relevant, operators of public search engines may use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time;
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Reproduce, modify, display, publicly perform, distribute or create derivative works of the Services or the Content;
Use the Services or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Services and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

The license granted herein is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Services or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section or exceeds the scope of the license granted to you herein, constitutes unauthorized use, reproduction, display, or creation of unauthorized derivative versions of the Services and Content, and infringes our copyrights, trade secrets, and other rights we may have in the Services and Content. 

You will not acquire any ownership rights by using the Services or the Content. The registered and unregistered trademarks, logos and service marks displayed on the Services or as part of the Content are owned by us or our licensors. 

You may not use our trademarks, logos and service marks or other Content in any way without our prior written permission. 

The Services are directed to people residing in the United States. We do not represent that Content available on or through the Services is appropriate or available in other locations. We may limit the availability of the Services or any service or product described on the Services to any person or geographic area at any time. If you choose to access the Services from outside the United States, you do so at your own risk.

Without prejudice to us, your authorization to access and utilize the Services and Content is revoked immediately upon:

a. Use the Service for any purpose that is unlawful in any applicable jurisdiction or prohibited by these Terms.
b. Use any Service other than for personal, non-commercial use.
c. any attempt to reproduce, duplicate, copy, sell, trade, resell, distribute, exploit, modify, adapt, translate or create derivative works based upon any portion of the Services, including any Content.
d. any attempt to interfere with, damage, impair, or disable the operation of the Services by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
e. any attempt to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services.
f. Any attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means.
g. any attempt to interfere with the proper working of the Services or any activities conducted on the Services.
h. any attempt to obtain any materials or information through any means not intentionally made available through the Services.
i. any attempt to modify the Services in any manner or form, or use modified versions of the Services, for any reason including without limitation to obtain unauthorized access to the Services.
j. Use any automated means to access the Services for any purpose without the express written consent of the applicable Service Provider, or bypass robot exclusion headers or other measures used to prevent or restrict access to the Services.
k. Use any of any names, logos, graphics, or trademarks in any manner, including without limitation through framing techniques, meta tags, or “hidden text”, without express written consent.
l. Remove, alter, or obscure any trademarks or any intellectual property or proprietary rights notices from any Service, including any copy thereof.
m. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any Service or any part thereof, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
n. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available an application, or any features or functionality of an application, to any third party for any reason, including without limitation by making an application available on a network where it is capable of being accessed by more than one device at any time.

We appreciate hearing from our customers and welcome your comments and suggestions regarding the Services and the products offered thereby, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.

If you do submit comments or suggestions, you should be aware that our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. We value your feedback on our products and our services, but request that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send will become the property of MH Diffusion and shall not be subject to any obligation of confidentiality on the part of MH Diffusion. We shall not be liable for any use or disclosure of any such feedback, comments or suggestions and shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.

14. TERMINATION


We may, in our sole discretion and for any or no reason, terminate your access to the 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 Services subsequent to: (1) a notification of violation of these Terms or termination of access; (2) engaging in Prohibited Uses of the Services; or (3) knowledge that such attempt is in violation of these Terms; shall constitute unauthorized access under 18 U.S.C § 1030 (Computer Fraud and Abuse Act). 

We may investigate any violation of these Terms and Conditions, including unauthorized use of the Services. We may take any legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other 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 for no reason, we may cancel your Account and prevent you from accessing the Services at any time without notice to you. If that happens, you may no longer use the Services or any Content. 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 termination of your access to the Services or to 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 made from all accounts we believe may be associated with you.

You agree that your abusive use of the Services may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Services are difficult to determine and that you, and those acting with you, will be jointly and severally liable for liquidated damages.

You agree that your failure to abide by these terms may cause irreparable harm to us, which harm cannot be adequately compensated for by money damages. It is further agreed by you that an order of specific performance or for injunctive relief against the you in the event of a breach or default under the terms would be equitable and would not work a hardship on the you, your business interests or activities. Accordingly, in the event of a breach or default by you of any term provided hereunder, MH Diffusion, without any bond or other security being required and in addition to whatever other remedies are or might be available at law or in equity, shall have the right either to compel specific performance by, or to obtain injunctive relief against you, with respect to any obligation or duty herein or breach thereof.

15. DISCLAIMERS; NO WARRANTIES


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, 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 THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THIS DISCLAIMER 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 AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE AND OUR SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT REPRESENT OR WARRANT
(A) THAT THE MATERIALS, SERVICES, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE 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 THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE; OR (C) THAT ANY APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU USE, ACCESS, OR OTHERWISE OBTAIN INFORMATION, MATERIALS OR DATA THROUGH THE SERVICES AT YOUR OWN DISCRETION AND RISK AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND MOBILE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

16. LIMITATION OF LIABILITY


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ANY SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PERSONAL 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 WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

17. INDEMNIFICATION


If anyone brings a claim against us related to your use of the Services, or your violation of these Terms and Conditions, you agree to indemnify, defend and hold us and our affiliated companies, event 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 take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defences.


18. PARTIAL INVALIDITY


If any provisions of these T&Cs are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.


19. APPLICABLE LAW AND JURISDICTION


These Terms and Conditions are governed by the laws of France.

In the event of a dispute between the customer and MH Diffusion concerning the interpretation, performance or termination of these T&Cs, MH Diffusion strongly encourages the customer to contact the company in the first instance to attempt to resolve the disagreement amicably. MH Diffusion hereby notifies the customer that there are alternative dispute settlement options such as mediation.

If no amicable solution to the dispute is found, MH Diffusion and the customer 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.

should we reproduce here the applicable provisions (2005-136 order of 17 February 2005, code of consumption, civil code).


20. CONTACT


If you have any questions about these T&Cs, please do not hesitate to contact us at contact.usa@herbelin.com.


21. LAST UPDATE


These Terms & Conditions were last updated on 22 February 2018.