Ownership Of Rights

All rights, including copyright, in this website are owned by or licensed to HERVE GAMBS/ La Branche d’Olivier Sarl, TVA FR 77352513865, based in France :16 avenue de l’Europe – Chemillé - 49120, France. Tel: +33 (0) 241 626 868 - Email: bienvenue@hervegambs.fr . Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this website for any purpose.

 

·          Eligibility

In order to make a purchase through the HERVE GAMBS website or to use some of the services or features made available to you on our website you will be required to register. When you register, you will be required to provide information about yourself including, but not limited to, your name, telephone number and email address, which is true, accurate, current and complete in all respects. Should any of your registration information change in future you are required to amend your personal online account immediately. We may change registration requirements from time to time. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

The purchase of merchandise through the HERVEGAMBS website is strictly limited to parties who can lawfully enter into and form contracts on the website in accordance with United States law.

 

·         Pricing Policy

We have taken great care in the preparation of the content of this website, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the merchandise or its price as advertised on this website. All prices are displayed including French VAT and exclusive of delivery charges. The total cost of your order is the price of the merchandise ordered plus french VAT at the current rate and delivery charges as set out during the checkout process.

 

Mispriced:

Despite our best efforts, a small number of items in our catalogue are mispriced, either in print, email or on the website. Rest assured, however, that we verify prices as part of our dispatch procedures. If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation. We do not charge your credit or debit card until we confirm your order. Items in your Shopping Bag will always reflect the most recent price displayed on the item's product detail page.

 

·         Accuracy Of Content

The packaging may vary from that shown. The weights and dimensions are approximate only. We have made every effort to display as accurately as possible the colour of the products that appear on the website. However, as the actual colours you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, HERVE GAMBS /La Branche d’Olivier, disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. We are not responsible for the content of any off-website pages or any other websites linked to or from this website. Links appearing on this website are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website, in any off-website or in any linked websites.

 

·         Availability

All items are subject to availability. Validly stated prices on our website remain in effect for so long as the merchandise is available or as otherwise stated on our website. We will inform you as soon as possible if the goods you have ordered are not available.

 

·         Ordering Errors

You are able to correct errors on your order up to the point at which you click on 'submit order' on the final page of our ordering process.

 

·         Delivery

Deliveries can only be made with this European countries : France, Allemagne, Autriche, Belgique, Bulgarie, Chypre, Croatie, Danemark, Espagne, Estonie, Finlande, Grèce, Hongrie, Irlande, Italie, Lettonie, Lituanie, Luxembourg, Malte, Pays-Bas, Pologne, Portugal, République tchèque, Roumanie, Royaume-Uni, Slovaquie, Slovénie, Suède. Not all of our delivery options are available to all areas. If you have a question about delivery, we will advise you if you call our customer services team on +33 (0) 241 626 868.

We will deliver the merchandise in accordance with the delivery option for your country and try to do our best to deliver in around 8 to 20days depending the country. Whenever referred to, working days exclude Saturday, Sunday and Bank holidays. Upon delivery of the merchandise to you, we will provide you with sufficient information to keep track of your order.

Delivery times are given for general guidance only. Delivery is not subject to strict deadlines.

 

Acknowledgement And Acceptance Of Your Order

We will notify you by email as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfill your order following this acknowledgement, we will contact you by email or telephone advising you of this. Our acceptance of your order will take place upon dispatch of the product(s) ordered. If you require any information concerning your order please email us at bienvenue@hervegambs.fr quoting your order number. We may not accept your order if an item you have ordered is out of stock, if we have identified a product or pricing error or if we are unable to obtain authorization for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.

 

·         Inspection

You should inspect the merchandise upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us upon receipt that there is a problem or you cancel the order in accordance with your cancellation right and/or you return the goods in accordance with our returns policy and procedure. If you fail to take such action, we are not obligated to accept any rejection by you of the merchandise at a later date.

 

·         Payment

Payment can be made by any of the following methods: Visa, MasterCard. Payment will be debited and cleared from your account at the point at which your order is confirmed. You confirm that the credit or debit card being used is yours. Please note that all credit/debit cardholders are subject to validation checks and authorization by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorize payment to HERVE GAMBS /La Branche d’Olivier, we will not be liable for any delay or non-delivery of merchandise. We retain the legal ownership of all merchandise until full payment has been made by you and received by us and legal ownership of the merchandise will immediately transfer back to us if we refund any payment for the merchandise to you. Risk in the merchandise transfers to you upon delivery.

 

·         Legally Binding Contract

Please remember that when we accept your submitted order for merchandise on this website, there will be a legally binding contract.

 

·         Cancellation Right

Under the distance selling regulations you have the legal right to cancel your order within 15 working days from the date of receipt of the goods if you send us a notice of cancellation in writing and return the goods to us in their original, unopened and unused condition. For further details of how to return merchandise please see our returns policy and procedure. Where goods are delivered to a third party you may exercise your right to cancel if you are able to return the merchandise to us. You can submit your cancellation notice by email to our customer services department at bienvenue@hervegambs.fr or in writing to: HERVE GAMBS, 16 avenue de l’Europe- 49120 Chemillé - France.

 

  • Returns

HERVE GAMBS /La Branche d’Olivier hopes that you will be delighted with your order. However, if you are not completely satisfied please return it in its original condition within 14 days of purchase with proof of purchase for a refund or exchange.

Please follow the 4 steps outlined below to return your goods to HERVE GAMBS /La Branche d’Olivier:

step 1.

Please contact customer service before returning the item(s). You may reach us at bienvenue@hervegambs.fr .

step 2.

Make sure to pack the item(s) securely in the original product packaging, if possible. Kindly note that we are only able to exchange or refund goods that are returned to us in their original unopened form and in a resalable condition.

step 3.

Please include on your internet invoice (emailed printout). Please remember that in order for the return to be processed you must ensure that the goods are wrapped securely in the same outer packaging in which you received them.

step 4.

Please return your package by recorded delivery (retaining your recorded delivery receipt as proof of postage) to: HERVE GAMBS -16, avenue de l’Europe- 49120 Chemillé - France.

All returned goods will be examined upon receipt as for reasons of hygiene we are unable to offer refunds, replacements or exchanges on any opened or used goods. We will process your return as quickly as possible and will notify you by email once your refund, replacement or exchange has been processed. During busy periods, please allow a maximum of 14 working days for your refund, replacement or exchange to be processed.

Your payment for the goods will be refunded by HERVE GAMBS /La Branche d’Olivier as soon as possible by the original payment method, no later than 14 working days after we have received the goods. Please note that delivery charges are not refunded. In addition to our returns policy you have the right to cancel your order within 14 working days from the date of receipt of the goods if you send us a notice of cancellation in writing and return the goods to us in their original, unopened and unused condition. Where goods are delivered to a third party you may also exercise this right if you are able to return the goods to us in their original, unopened and unused condition. Please see the cancellation right section in our terms and conditions.

Your statutory rights are not affected.

 

·         Privacy policy

HERVE GAMBS /La Branche d’Olivier values its customers and respects their privacy. Any information we collect about you is held with the utmost care and security. Your visit to our website and your use of any of the services or features we provide is subject to our terms and conditions of which this privacy policy is part. you will be asked to register if you would like to use some of the services and features we offer on our website. In order to register you will have to provide details including your name, address, telephone number and email address. When you register with us your information is stored in 'my account'. You can access 'my account' directly to amend any personal details, for example if you change your address. If you wish to place an order on our website you will also be required to provide credit or debit card details.

We use the latest strong encryption technology to ensure that all transactional information is protected to the highest standard. Transactional information includes any credit or debit card details, your personal contact information, together with any other names and addresses you provide when you place an order for delivery to another address, and your purchasing history. When you give us information, it may be used for:

i. administration of our site: The information you give us is necessary to enable us to fulfill your order, make sure it is delivered correctly and to maintain your account.

ii. customer service: We ask for your contact details, such as your email address and telephone number, to enable us to answer any questions you have about using our website and to notify you about the status of your order.

iii. direct marketing: We want to keep you up to date on our latest products, promotional offers and events. If you have agreed when you registered, we can inform you about these and other services and events we offer by email, post or telephone. You can also choose when registering to receive such information from other carefully selected companies.

You will not be sent any unsolicited material unless you indicate that you want to receive details about products, offers and events etc. when you register. We do not provide your personal details to other companies or individuals for their marketing purposes unless you have indicated when you registered that you wish to receive information about other companies’ products, offers and services. From time to time we retain the services of other carefully selected and monitored companies and individuals to perform functions on our behalf in connection with the successful operation and continuous improvement of this website. Examples of these functions would include the processing of data to process your order and maintain your account including the authorization and validation of credit or debit card transactions, the provision of delivery services, the analysis of data, etc. These companies or individuals may be provided with access to your personal details in order to fulfill their function but may not use such information for any other purpose.

iv. cookies: The HERVE GAMBS online ordering system uses cookies to record a unique reference on your computer. This means that we can recognize your computer when you access www.hervegambs.fr and log into your account with your user name and password. We will not use cookies without your prior consent so you have the option of choosing whether or not you would like our website to remember your details before you enter the delivery options section of our ordering process. The use of cookies allows us to remember the goods that you placed in your shopping bag and saves you having to enter the basic contact information that you provided us with on setting up your HERVE GAMBS account. Our cookies do not remember your credit card details. You may experience technical difficulties in using our website if you have disabled cookies. If you have disabled JavaScript you will not be able to use this website. You can alter your cookie and JavaScript settings in your browser's preferences which is usually found in the Edit menu.

v. data protection: HERVE GAMBS /La Branche d’Olivier is committed to protecting the information we collect from you, which we use to enhance your experience of using our site and to provide you with the merchandise and services you request from us. The above section of our terms & conditions comprises our privacy policy and enables you to understand how we retain and use your personal information. You can at any time change and update the information you have provided by logging into 'my account.'

 

·         Damage to your Computer

HERVE GAMBS /La Branche d’Olivier makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. HERVE GAMBS /La Branche d’Olivier will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

 

·         Limitation of Liability

HERVE GAMBS /La Branche d’Olivier makes no representations or warranties in connection with this website, whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such warranties are not legally excludable. To the fullest extent permissible HERVE GAMBS /La Branche d’Olivier will not be liable for interruption of business; loss or damages of any kind incurred as a result of dealings with or the presence of the website or off-website links; access delays or access interruptions to the website; computer viruses, system failure or any malfunction which may occur in connection with your use of our website; any inaccuracies or omissions or misleading, false or deceptive statements in the content; or, any events beyond HERVE GAMBS reasonable control. Furthermore, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, consequential or other damages of any kind related to your use of the website.

 

·         Exclusions of Liability

Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of HERVE GAMBS /La Branche d’Olivier or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by English law. If any provisions of these disclaimers and exclusions are deemed to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

 

·         Complaints & Submission of Information

If you wish to contact us to complain about any matter in regard to the merchandise, please email us at www.hervegambs.fr or write to us at: HERVE GAMBS, 16 avenue de l’Europe- 49120 Chemillé - France.

We welcome your enquiries or feedback on the merchandise you use or might like to purchase. However, it is our policy to decline any unsolicited suggestions or ideas. Any enquiries, feedback, suggestions, ideas or other information you provide to us ('information') will be treated as non-confidential and non-proprietary. Subject to our privacy policy, by providing us with any such unsolicited information you hereby grant HERVE GAMBS a non-exclusive and royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the information in any form, media or technology and whether alone or as part of other works. You also agree that your information may not be returned and we may use your information and any ideas, concepts or know-how contained therein, for any purpose. Furthermore, if you send us any such information you represent and warrant that you own or otherwise are entitled to any and all rights to the information and that your information does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form. You may not impersonate any person or entity or use any false email address or otherwise mislead HERVE GAMBS as to the origin of the information submitted and you agree to indemnify HERVE GAMBS and hold HERVE GAMBS harmless from and against any claims arising from your claims and/or any third party´s claims to any rights in any such information.

 

·         Intellectual Property

The trade marks, logos and service marks ('intellectual property') displayed on our website are the registered and unregistered marks of HERVE GAMBS are protected by French and international trade mark laws. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written consent.

 

·         Non-waiver

No failure to exercise and no delay on the part of HERVE GAMBS in exercising any right, remedy, power or privilege of HERVE GAMBS under these terms & conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of HERVE GAMBS /La Branche d’Olivier.

 

Other Legal Notices

There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these terms & conditions govern your use of this website.

 

·         Changes to Legal Notices

We reserve the right to change these terms & conditions from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to the website.

 

·         Law, Jurisdiction and Language

This website, any content contained herein and any contracts entered into as a result of usage of this website are governed by French law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of France.