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TERMS OF SALES

INTRODUCTION


This website, www.agnesb.us , is owned and operated by CMC AGNES B., a French stock company (Société par actions simplifiée) with share capital of 2,304,000 Euros, registered with the Trade and Companies Registry of Paris under number 303 754 295, head office located at 17 rue Dieu - 75010 Paris.


Publishing Director: Etienne Bourgois.


Web Host: Smile Hosting - 20 rue des Jardins, 92600 Asnières-sur-Seine - http://hosting.smile.eu


CMC makes its best efforts to ensure accurate and updated information on this site, as well as the access to such information.


The CMC company uses various methods in order to protect the personal data provided by web surfers, such as to avoid any unauthorised access, use or disclosure thereof. The electronic data and databases are stored within secure servers, for which access is controlled by the CMC company.


However, the CMC company cannot guarantee absolute security of the Internet network nor of any online communication.


However, CMC declines any and all responsibility for the following:

  • any interruption of the site;
  • bugs which may arise;
  • for any inaccuracy or omission in connection with the information available on the site;
  • any damage resulting from outside party's wrongful intrusion causing any modification to the information available on the site;
  • nor in a general manner for any direct or indirect damage whatsoever, regardless of the origin, nature or consequences thereof, including particularly without limitation any costs arising from the online purchase of goods resulting from any person's access to the site or the impossibility of accessing the site, or from reliance on any information of which the site is the direct or indirect source.

PURPOSE


The purpose of these Terms and Conditions of Sale is to set out the rights and obligations of both Parties, exclusively because of the relationships they initiate on the Internet, with respect to any and all online sales of Products offered on the Site.


They apply to all the steps necessary to place the order and ensure the follow-up of such order as contracted between the Parties.


This document, in the version in force on the date the purchase is made, is the sole document applicable to the relationship between the Parties; it cancels and supersedes any other document.


2.1 PRODUCTS

 

The Products offered for sale by Agnès b. are those featured on the Site, on the date when the User consults the Site and insofar as the Products are available in stock.


Agnès b. makes every effort to display product colors on the Site as accurately as possible, but cannot guarantee that the monitor’s display of any product will be accurate.


Should any Product be out of stock, the Buyer will be informed as quickly as possible.


The photographs and texts illustrating the Products are non-contractual. Agnès b. cannot be held responsible for erroneous photographs or texts.


2.2 PRICES


Prices are posted in U.S. dollars and are valid and effective only in the United States of America.


All orders placed through the Site for delivery outside the U.S. are subject to local taxes and deliveries fees.


Such customs duties and taxes due on delivery of an article are borne by the Buyer, who assumes the payment obligation. agnès b. is not obligated to verify and inform the Buyer of any applicable customs duties or taxes.


The prices posted on the Site are guaranteed on the date of order and for articles available in stock, reserve made for significant changes and, in particular, VAT, manifest printing error or omission.


Prices do not include delivery expenses which are billed in addition, the User being informed thereof upon final confirmation of the order.


agnès b. reserves the right, and the User accepts, to change the prices at any time. However, the Products will be billed based on prices in force when the order is placed, provided that said Products are available in stock.


3.1 ON-SITE NAVIGATION


The User can view the various Products offered for sale by Agnès b. on the Site.


The User may navigate freely on the pages of the Site with no commitment to purchase via an order.


3.2 ORDER REGISTRATION


If the User wishes to place, he/she chooses the desired Products and signals his/her interest by clicking on "add to cart".


The User may at all times: 


    • obtain the list of Products selected by clicking on the shopping bag;
    • continue or change the selection of Products by returning to the catalogue;
    • confirm his/her order by clicking on "Proceed to check out".


To order the selected Products, after clicking on " Proceed to check out”, the User must identify him/herself:


    • by entering his/her email address and password chosen when opening the personal account if he/she possesses one. The User is hereby informed of and consequently accepts the fact that entering these two identification marks is valid as proof of his or her identity and consent;
    • if the User does not possess any personal account, by entering his/her email address and filling out accurately the form provided, with all information necessary to identification and to the delivery of the order (particularly his/her name, first name, postal address, phone number). In this case, the User will have a choice to open a personal account (by indicating a chosen password which will be treated as personal and confidential, which will be needed in the future for identification to access the Site), or to place his/her order as a guest, without opening any personal account. In the latter case, the User’s personal information will not be kept by Agnès b., and the User will be able to keep track of his/her order only through the link provided in the confirmation of dispatch email. 


Once the User is identified, the delivery address must be confirmed (as laid down in clause 4 below), then an order form will appear onscreen, restating: the nature, quantity and prices of the User's chosen Products, as well as the total amount of the order, postages charges, the User's personal information and the address for delivering the Products.


COMMERCIAL OFFERS


If the User wishes to benefit from the commercial offer he/she has received by post or email, or available directly from his/her personal account, or pertaining to the selected Products appearing in the shopping bag, he/she will need, depending on the type of commercial offer:


    • to enter and confirm his/her “preferencial code” in the appropriate field located on the Website’s Cart page;
    • to reach the number of products and/or the total amount of the Cart indicated in the offer to benefit from it.


Unconditioned commercial offers will appear automatically on the Website’s Cart page.


3.3 FINAL CONFIRMATION OF THE ORDER


After reviewing the order, and once all requested information is provided by the User, a summary of such information and the order will appear. After having taken note of this summary, and before proceeding with the payment, the User will read carefully the Terms and Conditions of Sale, and click in the box next to the phrase " Please check this box to confirm you have read and agreed the Terms and Conditions ".


To access to the secure payment website, the User clicks on the type of card used for payment in order to confirm the order definitively. The User must then enter the number of his or her bank debit or credit card, according to type, the date of expiration and the three-digit security code on the back of the credit card.


The secure electronic payment platform‘s server is made secure via an S.S.L. (Secure Socket Layer) code in order to protect all payment data as thoroughly as possible. At no time are the User's banking data transmitted to the Agnès b. information systems. As a consequence, Agnès b. is free from any and all liability in that respect.


As soon as payment is validated, the order is placed and becomes irrevocable. The User thus becomes a Buyer. The order form will be registered in the Agnès b. information archives and kept in a reliable and sustained support system, serving as evidence of the contractual relationship between the two Parties.


In accordance with clause 5 below, the Buyer is entitled to retract his or her order and to be reimbursed for a period of thirty (30) days starting from the day of reception of the Products by the Buyer.


3.4 CONFIRMATION OF THE ORDER


A summary order receipt will appear onscreen once the order is confirmed.


This serves as confirmation and restates all the information which constitutes the agreement between the two.


A document restating all this information, being equivalent to an acknowledgment of receipt, will also be sent to the Buyer via email to the email address provided by him/her. This document will mention the tracking link of the order, enabling the Buyer to keep track of its progress.


The Buyer having placed his/her order through the creation of a personal account will then have access to his or her order as well as to his/her information in its entirety by clicking on "Your account" and by filling out his/her mailing address and password.


3.5 GIFTS


The Buyer may purchase gifts for friends through the Site. The ordering procedure is the same as the one followed for personal purchases. The Agnès b. Site enables the Buyer to send a personalized message to the recipient of the gift. This message will appear on the shipping documents delivered along with the goods. 


Agnès b. guarantees that the price for the article will not appear on the shipping documents.


The recipient of the gift will also have the benefit of all the guarantees contained in clause 6 below.


DELIVERY

 

Agnès b. will make its best efforts to ensure that the order is dispatched between one (1) and five (5) business days, on average, from the day after the Buyer confirms his or her order. The deliveries are made by UPS, and rates vary according to the delivery service chosen by the User.


Agnès b. disclaims any liability for undue delays in delivery due to UPS services.In the event of loss or damage to the Products ordered during delivery, the Buyer must send in a detailed complaint to the Agnès b. customer services department at: Agnès b. 900 Broadway, Suite 910, New York, NY 10003 or by email, customer.service@agnesb.us within three business days after delivery. The Buyer must note on the delivery slip any observed anomalies (damage to package and/or Product, etc). In addition, ownership of the Products ordered does not transfer to the Buyer until total payment of the invoiced price, including delivery charges.


SATISFIED OR YOUR MONEY BACK

 

Agnès b. will make its best efforts to ensure that the order is dispatched between one (1) and five (5) business days, on average, from the day after the Buyer confirms his or her order. The deliveries are made by UPS, and rates vary according to the delivery service chosen by the User.


Agnès b. disclaims any liability for undue delays in delivery due to UPS services.In the event of loss or damage to the Products ordered during delivery, the Buyer must send in a detailed complaint to the Agnès b. customer services department at: Agnès b. 900 Broadway, Suite 910, New York, NY 10003 or by email, customer.service@agnesb.us within three business days after delivery. The Buyer must note on the delivery slip any observed anomalies (damage to package and/or Product, etc). In addition, ownership of the Products ordered does not transfer to the Buyer until total payment of the invoiced price, including delivery charges.


GUARANTEES

 

All our products benefit of a legal guarantee, abiding that the use of said products was normal and that instructions be adhered to.


If, despite the care taken by Agnès b. in preparing orders, a Product has a defect, the Buyer has fifteen (15) business days from the date of delivery of the Product to notify the potential anomalies he/she may has noticed (damaged product) by sending the return slip on the Product invoice to agnès b. 900 Broadway, Suite 910, New York, NY 10003 or by fax to: (212) 548-9750.


Any claim for return after the fifteen-day period will be rejected by agnès b., and its legal liability will cease as of that time.


The stamped package, together with the return notice duly filled, shall be sent,to: Agnès b. 900 Broadway, Suite 910, New York, NY 10003


Upon fulfillment of the above conditions, agnès b. will reimburse the Buyer (using the same payment method as the one used by the Buyer for the initial payment), within thirty (30) days from the date of reception of the package by agnès b.


PAYMENT

 

Only bank card payments are accepted. Authorized payment cards are Visa, MasterCard and American Express.


If the Buyer would like to place an order using another payment type, he/she is invited to contact Agnès b. online customer service:



Payments are proceeded in US dollars.


Agnès b. reserves the right to refuse any and all orders or deliveries in the event of (a) surpassing the order thresholds indicated herein, (b) ongoing dispute with the Buyer, (c) Buyer's total or partial non-payment of a previous order, (d) credit or bank card company's refusal to authorize payment, (e) non-payment or partial payment. In all these cases, Agnès b. cannot be held liable in any manner.


The bank or credit card payment transaction between the Buyer's computer and the secured payment system (SIPS) managed by OGONE, Agnès b.'s partner for online payment transactions, is entirely encoded and protected using the S.S.L. (Secure Socket Layer) procedures.


8.1 PERSONAL INFORMATION


The personal information concerning Users gathered for online sales is necessary for processing orders and delivery, as well as invoicing. Such information is strictly confidential and is not disclosed to third parties except to Agnès b. subsidiaries. Any missing information will entail the automatic refusal of the order.


Pursuant to the Act 78-17 dated 6 January 1978 on data processing, files and individual liberties, any personal information gathered on the Site is registered with the French CNIL (Commission Nationale de l'Informatique et des Libertés, or National Committee on Computerization and Individual Freedoms). The User has a right to access, of objection, modify, correct, of portability and delete information concerning him or her. To exercise this right, the User must send an email to: customer.service@agnesb.eu.  


For more information on the handling of your personal details, please review our legal information:


https://www.agnesb.fr/mentions-legales/legal


8.2 COOKIES


While visiting the Site, information about the browsing data received from the User’s terminal (computer, tablet, smartphone, etc.) may be stored in “cookies” installed on the User’s device, subject to choices expressed by the User about cookies.  These choices result especially from the User’s browser software settings when visiting the Site, which can be changed at any time. The cookies allow to recognize the device’s browser for the duration of the cookies’ period of validity.


Functions of the cookies issued from the Site


The Cookies issued from the Site are used for the purposes described below:


    • compile statistics and traffic volume and measure the use of the various sections of the Site (headings and content visited, click streams), which helps to improve the value and usability of the Site’s services;
    • store information contained in any form filled out by the User on the Site (for registration or account access) or relative to any products, services or information chosen by the User on the Site (subscribed service, shopping cart contents, etc.);
    • allow the User access to restricted and personalized areas of the Site, such as his/her account, based on user names, passwords and other data the User may has previously given access to;
    • implement security measures, such as when the User is asked to log in again to contents or a service after a certain period of time.


Such cookies enable the Site to keep only data of a temporary nature from the current session (articles selected, time spent on the Site, etc.). This information is in no manner associated with an individual User’s name and is not saved from one session to the next.


Cookies issued on the Site by third parties


Cookies may be issued by third parties on the Site, allowing them throughout the validity period of such cookies, to:


    • count the number of visitors of the Site, especially for statistics and/or invoicing purposes;
    • recognize the User’s terminal at whenever the User subsequently browses any site or service on which these third parties also issue cookies, and potentially adapt these sites and third party services or the advertisements they display, to any browsing data from the User’s terminal to which they may have access 


Choices regarding cookies available through the User’s browser


There are several ways to manage cookies. The settings that the User uses are likely to change his/her Internet browsing experience and the conditions of his/her access to any services requiring the use of cookies.


The User can choose to express or modify his/her acceptance of the use of cookies at any time as described below.


The User can configure his/her browser to allow cookies to be stored on his/her data terminal, to reject them automatically or to reject them from certain issuers. The User can also configure his/her browser so that he/she is promptly asked to accept or reject cookies before a cookie is saved to his/her data terminal. In this respect, each browser has a different way of managing cookies and cookie settings. The configuration of the browser is described in its help menu which informs of how to change cookie settings.


It is up to the user of a data terminal to decide whether or not cookies will be accepted on that data terminal. The user is free to make this choice and to modify it at any time through the settings associated with the browser used on the data terminal.


If the browser is set to accept cookies on the User’s data terminal, then the cookies used by the web pages that the User has visited will be stored temporarily in a dedicated space on the User’s data terminal. They will be readable only by the issuer.


If the User chooses to reject cookies on his/her data terminal, or if he/she removes any cookies already stored, he/she will not be able to use a number of features that are necessary to browse certain sections of the Site. For example, this would be the case for access to any of the Site’s content or services that require the User to log in. This is also the case as concerns technical compatibility when the Site cannot recognize the type of browser that the User uses on his/her data terminal, its default language and display or the country from which the User’s data terminal is connected to the internet.


If the browser is set to reject cookies on the User’s data terminal, the Site assume no responsibility for consequences related to the degraded operation of the Site’s services resulting from the Site not being able to store or view the cookies necessary for the full functioning of the Site and services.


8.3 WEB COUNTER TAGS


Certain pages of this website may contain electronic images or "counter tags", that make it possible to count the number of hits on a page.


Such web counter tags can be used with some of our partners, mainly with a view to measuring and improving the visibility of certain pages.


In any event, information gathered by the web counter tags is strictly anonymous and serve only to compound statistics on the number of hits on a given page of the site, in order to better serve our website Users.


9.1 LIABILITY


The sole obligation of the Agnès b. Site, concerning Site access, the order process, delivery or later services, is limited to the obligation to provide the means. The Site cannot be held liable for any inconvenience or damage inherent to using the Internet, in particular discontinuation of service, intrusion by an outside party or the presence of computer viruses.


9.2 FORCE MAJEURE

 

In the event of total or partial non-performance by Agnès b. of any one of its obligations hereunder, Agnès b. shall incur no liability in connection therewith if such non-performance is due to a force majeure event, recognized as such by case law.


The Parties agree that they should consult each other as soon as possible in order to determine on a mutual basis how the order should be carried out during the force majeure event.


Should the force majeure event interrupt services for longer than one (1) month, the Parties will be released from their respective obligations.


9.3 PARTIAL INVALIDITY


Should one or several provisions contained in these Terms and Conditions of Sale be deemed or declared invalid pursuant to any law or regulation or by virtue of a final judgment issued by a competent court, all other provisions shall remain in full force and effect.


9.4 ENTIRETY OF AGREEMENT

 

These Terms and Conditions of Sale and the order summary sent to the Buyer together constitute the entire agreement between the parties hereto as regards the subject matter hereof. In the event of any contradiction between those documents, the Terms and Conditions of Sale shall prevail.


9.5 APPLICABLE LAW – JURISDICTION


These Terms and Conditions of Sale and the contractual relationship between Agnès b. and the Buyer shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. The sole and exclusive jurisdiction for any claim, dispute or proceeding arising out of or related to these Terms and Conditions of Sale shall be in the State or Federal courts located within New York County in the State of New York. However, Agnès b. shall attempt to settle on an amicable basis before any legal action is taken. 


However, pursuant to articles L.612-1 et seq of the Consumer Code, the Buyer can turn to a consumer moderator through the site www.medicys.fr in order to obtain amicable resolution of a dispute. Before contacting the said mediation service, the Buyer must without fail have first contacted the Agnès b. customer service by e-mail sent to the following address: service.client@agnesb.fr, in an effort to resolve thedispute.