Terms and conditions

Introduction

Welcome to the AGNESB.COM website and co-branded versions of the website located at URLs that resolve to the domain name AGNESB.EU (the « Website » or « Site »). As you have no doubt experienced with virtually all websites, your prse of this Site, is subject to certain terms and conditions of use (collectively « Terms ») set forth below. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business company.

Please read these terms carefully before using and/or placing an order from this website. Indeed, by using this site and/or placing an order from this site, you accept these terms and conditions, without any reservations or qualifications, and you agree to be bound by these terms and conditions.

These Terms constitute an agreement between you (hereinafter, « you » or « your ») and CMC AGNES B, limited liability company registered with the Paris Trade and Companies Register under No. 303 754 295, with its principal address at 17 rue Dieu 75010 Paris (or the « AGNES B ») on the other hand, in relation to your use of the Website, the goods/services offered and sold through this Website, and any orders you place through the Website (collectively, the "Agnes b Services"). These Terms, and our Privacy Policy are binding on you and us and on our respective successors and assigns.

Before you place an order, please carefully read these Terms and our Privacy Policy.

If you have any questions about the Terms you may contact us via the contact information provided on our “Contact Us” webpage on the Site.

1 - DISPUTES OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE

In the event of a dispute, the parties undertake to negotiate in good faith with a view to reaching a settlement. In the event of failure to reach a settlement within three (3) months, the parties will refer the matter to the courts.

In this case, the dispute will be directed before the Trade Court of Paris and will be resolved in accordance with the French commercial law and consumer law, unless otherwise stipulated by the mandatory rules of the defendant's country of domicile.

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, you may contact a consumer mediator via the website https://medicys.fr, with a view to amicably resolving a dispute. Before applying to the aforementioned mediation service, you must have contacted the AGNES B. customer service department by e-mail at the following address: [email protected], in an attempt to resolve the dispute.

2 - USE OF OUR WEBSITE

You acknowledge and agree to the following terms:

The Website covers all orders from the European Union
Payments are proceeded in Euros
Your utilization of the Website is related to legitimate inquiries or orders.
You are prohibited from placing speculative, false, or fraudulent orders. In the event that we reasonably suspect such an order, we retain the right to cancel it and notify the relevant authorities.
You also commit to providing accurate email, postal, and/or other contact details. You acknowledge that we use these details to contact you if necessary (refer to our Privacy Policy for details on personal information usage).
Failure to provide all necessary information may result in the inability to fulfill your order.
You shall not attempt to disrupt the Site's network, our networks, or related network security. Unauthorized access attempts to any other computer system using the Site's service are strictly prohibited.
The Site must not be used for transmitting material that infringes on intellectual property, privacy, or publicity rights of others.
Engaging in conduct through the Site that constitutes a civil or criminal offense, or violates any city, state, national, or international law or regulation, is strictly prohibited.
By placing an order through the Website, you assert and guarantee that you are at least eighteen (18) years old and legally capable of entering into binding contracts.

3 - HOW PURCHASE CONTRACTS ARE FORMED

The existence of a contract ("Contract") for the purchase of a product from the Site is contingent upon our acceptance of your order and the subsequent issuance of the Shipment Confirmation (defined below). In the event that we do not accept your order and funds have already been deducted from your account, a full refund will be processed.

To initiate an order, you must follow the online shopping process and press the "Authorize Payment" button to submit the order. Following this, you will receive an email acknowledging the receipt of your order (the "Order Confirmation"). Your order constitutes an offer to purchase one or more products for personal use, not for resale. We retain the right to limit, cancel, or prohibit orders that, in our judgment, appear to violate this policy. Additionally, we reserve the right to terminate business relations with customers who breach this policy.

All orders are subject to our acceptance, which will be confirmed by sending you an email indicating that the product has been dispatched. If you opt for the Pick-up In Store option (where available), we will send you an email (if authorized at the time of purchase) confirming the availability of the product for in-store pickup at the designated store during the checkout process (collectively, the "Shipment Confirmation"). We are not obliged to supply any other products included in your order until a separate Shipment Confirmation for those products is issued. Notwithstanding the above, your card or other payment method will not be charged until your order is accepted and shipped (except for Paypal and Payment in several installments). However, an immediate pre-authorization of funds may appear upon placing the Order

It is acknowledged and agreed that we do not provide any warranty or guarantee regarding the availability for pickup of product(s) through the Pick-up In Store option.

4 - MERCHANDISE AVAILABILITY

The availability of all product orders is contingent upon stock availability. In cases of supply difficulties or when products are no longer in stock, if you opt not to proceed with substitute products, we will promptly refund any payments made by you.

5 - REFUSAL OF ORDER

We reserve the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.

We will not be liable to you or any other third party by reason of us withdrawing any product from the Website, whether it has been sold or not, removing or editing any materials or contents on the Website or for refusing to process or accept an order after we have sent you the Order Confirmation.

6 - CANCELLATIONS

You may cancel an Order for certain products if the Order is still being processed (and has not gone to the warehouse) to receive a refund to your original form of payment of the price paid. Otherwise, you must return the product(s) in accordance with our Returns policy.

Personalized products in an Order may not be canceled.

7 - DELIVERY

Subject to the provisions of Clause 6 above, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 15 business days of the date of the Shipment Confirmation.

In order to pick up orders placed through the Pick-up In Store option, you (or a third party designated by you) must provide the order number found on the electronic purchase receipt, together with the purchaser’s name and one form of government issued identification. If someone other than you picks up your order, we will record their name for confirming delivery purposes. You acknowledge and agree that the Pick-up In Store option is only available at participating locations, which locations are subject to change without notice.

Consult our terms of delivery

8 - RISK AND TITLE

Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever event occurs later in time. Therefore, the product(s) will be at your risk from the time of delivery, and AGNES B. will not be held responsible in the event of loss, theft or delay of the returned product. The burden of proof rests with the Buyer.

Upon receipt of the order, the Buyer shall check the conformity of the products received in fulfilment of the order. Any anomaly concerning delivery (damage, non-conformity, missing product in relation to the order dispatch e-mail, damaged parcel, broken products, etc.) must be indicated on the delivery note presented by the delivery person, in the case of parcels delivered against signature, in the form of “handwritten reserves”, accompanied by the Buyer's signature. At the same time, the Buyer must confirm this anomaly by sending a registered letter with acknowledgement of receipt OR an e-mail to the carrier within two (2) working days of the delivery date, setting out the aforementioned complaints. The same applies in the event of a delivery anomaly concerning a package handed over without a signature. The Buyer must send a copy of this letter (or the number of the carrier's investigation file) by e-mail to [email protected].

Unless there is a legitimate reason, any claim not brought to the attention of AGNES B. within 14 days of the delivery date will be considered inadmissible, and AGNES B. will not be held liable.

AGNES B. reserves the right to ask the Buyer to return any non-conforming or damaged product. In the event of abnormal or abusive returns, AGNES B. reserves the right to refuse to honour a subsequent order.

9 - WARRANTIES

9.1 - Legal warranty of conformity

AGNES B is legally bound by any public statements made about his products, in particular by means of advertising or labelling. Therefore, AGNES B must offer the consumer a warranty of at least two (2) years (legal warranty) to protect against goods that are defective or do not look or work as advertised.

Therefore, you have two (2) years from receipt of the product to contact our customer service via our « Contact us » webpage or via our e-mail address [email protected].

If AGNES B has informed the consumer, at the time of sale, that the product presents quality problems, the consumer will not be able to claim compensation for this particular defect.

Users' national laws may provide for additional and/or longer warranties.

9.2 - Legal warranty against hidden defects

In the event of the presence of a hidden defect in the Product, which would make it unsuitable for the use for which it is intended, or which reduces this use so much that you would not have purchased it, or would have paid a lower price, if you had known of the defect, you have a period of two (2) years from the discovery of the defect to contact our customer service via our « Contact us » webpage or via our e-mail address [email protected].

This warranty shall not apply to any defect in the Products resulting from the following:

normal wear and tear ;
deliberate damage, abnormal storage or working conditions, accident, negligence on your part or on the part of a third party (except in respect of defects in the Products occurring during transport);
if you do not use the Products in accordance with our instructions; or
any modification or repair carried out by you or by a third party who is not one of our authorized repairers.

You can either:

Return the Product and obtain a full refund, or
Request a reduction in the purchase price.

In any case, it will be up to you to prove that you meet the conditions of the guarantee. In case of the return of the defective product, we will take care of its return cost.

At last, keep in mind that some users' national laws may provide for additional and/or longer warranties.

10 - PRICE AND PAYMENT

The price of the products shall be the one quoted, in euros, at the time your order is placed on our Website and will be set out in our Order confirmation. While we take care to ensure that all prices displayed on our Website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it. If we are unable to contact you, the order will be treated as canceled and if you have already paid for the product(s) you will receive a full refund.

We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable). Prices may change at any time.

Sales tax is charged (if applicable) according to the shipping address of your order as required by applicable law.

Once you have finished shopping on the Website, all the products you wish to purchase are added to your cart basket. Your next step will be to go through the checkout process and make payment.

Payment for orders will be made to AGNES B. The amount of the purchase will not be charged to your original payment method until your order has been shipped from our warehouse. By clicking on the « Proceed to payment » button, you are confirming that the chosen method of payment is yours or that you are the owner of the merchandise credit card. Cards are subject to validation checks and authorization by your card issuer.

If you choose to pay via PayPal and opt for installment payments, the amount will be charged once your order is confirmed.

When placing an order through one of the electronic devices available on AGNES B website, you must follow the purchase process steps that appear on the website, completing or verifying the information requested in each step. You can modify the details of your order throughout the purchase process before payment. You must choose your payment method before placing the order. Please note that a binding order is placed at the time you press the relevant “authorize” or “finalize order” button, and you are then bound to pay for your order once it has been placed.

You can pay for your order by using Visa, MasterCard, American Express, or any other card accepted on the website. Any legally permissible validation of checks and authorization of your card will apply. Please note that payments via Diners Club and JCB will not be accepted.

All payments are processed in Euros. AGNES 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, AGNES B. cannot be held liable in any manner.

11 - RETURNS

Subject to the conditions set forth below, AGNES B will gladly accept returns, unworn, unwashed, and unaltered merchandise with all internal garment tags intact with your original receipt within fourteen (14) days of the date of the delivery as defined in art 9, unless a longer period of time is specified in writing at the time of purchase, Order Confirmation, or Shipment Confirmation purchased on the EU AGNES B website. Refunds are made in the form of original payment. If the original form of payment is not available, please contact Customer Service.

For online purchases, you can return the product in person at AGNES B boutique in the France, or you can drop it off at a courier location shown on our prepaid return label within fourteen (14) days of the delivery date, unless a longer period of time is specified in writing at the time of purchase, Order Confirmation, or Shipment Confirmation e-mail. Please note that a shipping fee will be charged for returns made at a drop-off location. You should send the product in the original package received by following the directions contained in the “RETURNS '' section of the Help & Support section posted on our website. We are not responsible for lost packages. The cost of expedited shipping to you for the original order (if applicable) is not subject to refund.

AGNES B will reimburse the amount paid by the buyer within thirty (30) days starting from the date of receiving the package by AGNES B (due to different banking institution policies). Returns are only possible from the country where the items were delivered, merchandise outside of the European Union are not returnable in the EU. Underwear and swimwear are returnable, as long as they remain in the original packaging and the hygiene sticker remains attached. Accessories, cosmetics and perfumes must be unused, in their original condition and original packaging.

AGNES B reserves the right to refuse returns of any merchandise that does not meet the above return requirements in AGNES B’s sole discretion. However, no justification for your return shall be requested.

For any questions or more information go to our Help & Support section at www.agnesb.com/en_eu. This policy is in addition to and does not affect consumers’ rights under any applicable law.

Please include with the product being returned all original package, instructions, documents, and wrappings. After reviewing the product, we will let you know whether or not you have a right to a refund based on our Return and Exchange policy conditions. We will process your refund as soon as possible and in any case; within thirty (30) days of the date the returned goods have been received by us. We will refund any money received from you using the same method used to make payment if the card is available. If not, subject to any legal requirements, we will issue you merchandise credit or check as dictated by the circumstances as concluded by the company. Merchandise credits do not expire.

Customized products are not returnable.

WE OFFER NO RETURN ON ANY PRODUCTS DESIGNATED ON OUR WEBSITE AS NON-REFUNDABLE.

12 - LIABILITY AND DISCLAIMERS

For all stages of access to the website, the ordering process, delivery or subsequent services, the AGNES B. website has only an obligation of means. The Website may not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.

13 - INTELLECTUAL PROPERTY

The content on the Site, encompassing all information and materials such as text, data, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software, and HTML used for page generation ("Materials"), belongs to the AGNES B. group, its suppliers, or licensors. It is safeguarded by patent, trademark, and/or copyright laws, both in the United States and abroad. Unless explicitly stated otherwise on the Site or in these Terms, you are prohibited from using, downloading, uploading, copying, printing, displaying, performing, reproducing, publishing, modifying, deleting, adding to, licensing, posting, transmitting, or distributing any Materials from the Site, in whole or in part, for any public or commercial purpose, without the explicit prior written permission of AGNES B. We provide you with a personal, limited, non-exclusive, non-transferable license to access the Site and utilize the information and services it contains. We retain the right, at our sole discretion and without notice, to modify the products and services described on the Site, and to terminate, alter, suspend, or discontinue any aspect of the Site, including Materials, features, and/or availability hours, without liability to you or any third party. We may also establish rules, limits, or restrictions on Site usage or restrict your access, in part or in whole, without notice or penalty. We reserve the right to modify these rules and/or limitations at any time, at our sole discretion.

Between you and AGNES B. group (or any other company with marks featured on the Site), AGNES B. group (or the respective company) holds ownership and/or authorization for any registered or unregistered trademark, trade name, and/or service mark visible on the Site. It is also the copyright owner or licensee of the Materials on the Site, unless stated otherwise. The AGNES. group logos, designs, titles, phrases, product names, and the associated copyrights, trademarks, service marks, trade dress, and/or other intellectual property in such materials (collectively referred to as « AGNES B. group Intellectual Property") are the property of AGNES group and may be registered in the European Union and internationally. You agree not to display or use AGNES. Group Intellectual Property without prior permission from AGNES B. group. Nothing on the Site should be construed as granting any license or right to use any AGNES B. group Intellectual Property without the prior written consent of AGNES B. group.

Unless otherwise specified herein, the use of the Site does not grant you a license to any Materials or features accessible on the Site. You may not modify, rent, lease, loan, sell, distribute, or create derivative works of such Materials, features, or materials, in whole or in part. Commercial use of the Site is strictly prohibited, except as allowed herein or with our approval. You may not download or save a copy of any Materials or screens for any purpose unless otherwise provided by AGNES B. group. Unauthorized use of the Site, beyond what is outlined herein, may result in a violation of copyright and other laws in the United States and/or other countries, as well as applicable state laws, leading to potential liability for such unauthorized use. The information on the Site, including site design, text, graphics, interfaces, and selection and arrangements, is protected by law, including but not limited to copyright law. However, this does not prohibit you from using the Website to the extent necessary to make a copy of any order.

AGNES B. does not assert that the Site can be lawfully viewed or that content can be downloaded outside of the European Union. Access to the content may not be legal for certain individuals or in certain countries. If you access the Site from outside the European Union, you do so at your own risk, and you are responsible for complying with the laws of the jurisdiction.

14 - COPYRIGHT AND/OR TRADEMARK INFRINGEMENT

If you suspect that a work on the Site infringes upon your copyright, trademark, or other intellectual property rights, kindly furnish our Designated Agent with a written communication containing the following information:

proof of your authorization to represent the owner of the copyrighted work or trademark;
details about the copyrighted work or trademark you allege has been infringed;
information on where the purportedly infringing material is situated on the Site, including the permalink to its location;
your address, phone number, and email address;
a declaration from you stating that you genuinely believe the disputed use is not sanctioned by the copyright or trademark owner, its representative, or the law;
a sworn statement from you, under penalty of perjury, affirming the accuracy of the information provided in your notice and confirming that you are the copyright or trademark owner or have the authority to act on behalf of the owner; and
your physical or electronic signature.

CMC AGNES B’s Designated Agent for notice of claims of copyright infringement and trademark infringement can be reached at [email protected]

15 - WRITTEN COMMUNICATIONS

When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website, push notifications or messages. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

16 - REGISTRATION, PASSWORDS, AND SECURIT

To utilize certain services, you must complete an online registration form. By doing so, you affirm that all information provided in the registration ("Registration Information") is accurate and complete, and you commit to keeping it up-to-date.

Upon registration, you will establish a password. You bear sole responsibility for any actions taken or usage under your password on the Site. Your password is exclusively intended for activities such as reviewing information on potential and completed transactions, purchasing or canceling products, adjusting preferences, posting content, and generally accessing and using the Site and its services, all in accordance with these Terms. You are accountable for maintaining the confidentiality and security of your password, and you agree not to disclose it to any third party (except for third parties authorized by you to use your account). You assume full responsibility for all transactions and activities conducted through your account, and you release CMC AGNES B from any liability related to such transactions or activities. Promptly notify CMC AGNES B of any actual or suspected loss, theft, or unauthorized use of your account or password. CMC AGNES B is not obligated to investigate the authority or propriety of any use or action under your password and is not liable for any losses resulting from such use or action or from your failure to comply with the above. While CMC AGNES B will implement reasonable security measures when using the Internet, telephone, or other communication means, it explicitly disclaims any and all liability for unauthorized access to such data or communications by individuals or entities.

17 - EVENTS OUTSIDE OUR CONTROL

We shall not be held liable or accountable for any failure to perform or delay in the performance of our obligations under an order you have placed, caused by events beyond our control (referred to as a "Force Majeure Event"). Such an event encompasses any act, occurrence, non-occurrence, omission, or accident beyond our reasonable control. This includes, but is not limited to, the following:

Strikes, lockouts, or other industrial actions.
Civil commotion, riot, invasion, terrorist attack, or the threat of terrorist attack, war (whether declared or not), or the threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters.
Impossibility of using railways, shipping, aircraft, motor transport, or other means of public or private transport.
Impossibility of using public or private telecommunications networks.
Acts, decrees, legislation, regulations, or restrictions imposed by any government.
Any relevant transport strike, failure, or accidents in shipping, postal services, or other relevant modes of transport.

Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

If the event of force majeure creates a permanent impediment, we reserve the right to cancel the sales contract after having duly informed you of the nature of the event, the lasting nature of the impediment, the consequent cancellation and the terms of reimbursement.

18 - WAIVER

No failure of AGNES B to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions.

19 - SEVERABILITY

If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20 - ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.

21 - OUR RIGHT TO MODIFY THESE TERMS

We have the right to revise and amend these Terms at any time. Your use of the Site after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and AGNES B policies in force at the time that you order products from us.

The present terms and conditions apply in the version in force on the Website on the date the order is placed, to the exclusion of any other document.