Terms and conditions of sale
1 - INTRODUCTION
This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website and the purchase of items through this website (hereinafter, the "Terms"). Please read through these Terms, our Cookies Policy, and our Privacy Policy (together the "Data Protection Policies") prior to using this website.
By using this website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use this website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.
By purchasing any product from this website, you enter into a contract with us on these terms.
2 - OUR DETAILS
Sale of Agnès b items through this website is carried out by AGNES B UK LTD. This website, 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.. The company will be referred hereinafter as "us"/"we"/"our"/"Agnès b". You may contact our customer service department by calling our freephone number at +44 20 3318 8337.
3 - YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
Your privacy is important to us. Any personal information or details that you provide to us will be processed in accordance with our Data Protection Policies. By using our website, you consent to the processing of this information and details. You also confirm that all the information or details you have provided us with are accurate and complete. Our commitment to protecting your privacy and ensuring the accuracy of your information is a top priority.
4 - USE OF OUR WEBSITE
By using this website and/or placing an order through it, you agree to the following:
1. You will use the website solely for genuine inquiries or orders.
2. You will not engage in speculative, false, or fraudulent orders. If we reasonably suspect such activity, we reserve the right to cancel the order and notify the relevant authorities.
3. You will provide accurate and valid email, postal, and/or other contact details to us. You acknowledge that we may use these details to communicate with you if necessary (refer to our Data Protection Policies).
Please be aware that failure to provide all necessary information may result in the inability to process your order. By placing an order through this website, you confirm that you are at least 18 years old and legally capable of entering into binding contracts.
5 - SERVICE AVAILABILITY
The items available on this website can only be delivered to addresses within the United Kingdom mainland. If you are placing an order from another EU member state outside of the UK, you are welcome to do so. However, please note that the ordered items can only be delivered to a delivery address within the United Kingdom mainland.
6 - HOW THE CONTRACT IS FORMED
The information provided in the Terms and on this website is not an offer for sale but an invitation to treat. A contract between us and you will only be established when we expressly accept your order, regardless of whether payment has been deducted from your account. If we do not accept your offer and funds have already been deducted, a full refund will be issued.
To place an order, you must follow the online shopping process and click "Authorise payment" to submit your order. Afterward, you will receive an email from us to confirm the receipt of your order (the "Order Confirmation"); however, this does not indicate acceptance of your order. Your order serves as your offer to purchase one or more items from us. All orders are subject to our acceptance, and we will confirm this acceptance by sending you an email stating that the item(s) are being dispatched (the "Shipping Confirmation").
The contract (the "Contract") for the purchase of an item is formed only when we send you the Shipping Confirmation. The Contract will be applicable only to those items whose dispatch has been confirmed in the Shipping Confirmation. We are not obligated to supply any other items that may have been part of your order until their dispatch has been confirmed in a separate Shipping Confirmation.
7 - AVAILABILITY OF ITEMS
Availability of items is subject to change, and in the event of supply difficulties or items being out of stock, we may provide information about substitute items of equal or higher quality and value for you to order. If you prefer not to order the substitute items, we will refund any payments you have made.
8 - REFUSAL OF ORDER
We retain the right to remove any items from this website, as well as to edit or delete any materials or content on the site. While we will make every effort to process all submitted orders, there may be exceptional circumstances that lead us to decline processing or accepting an order even after sending an Order Confirmation. This action is reserved to us and can be carried out at any time.
We are not liable to you or any other third party for withdrawing items from the website, editing or removing content, or refusing to process or accept an order after receiving it or sending an Order Confirmation.
9 - DELIVERY
Agnès b. commits to preparing and dispatching the order within an average timeframe of one (1) to five (5) working days following the day after the order is confirmed by the Buyer.
For deliveries within the United Kingdom, the delivery time shall be two (2) to five (5) working days for shipments via DHL.
The recipient can track his/her parcel on the Site in the "Client Area" or on the DHL website by entering the parcel number, which will have been provided via email upon order confirmation.
The Products ordered by the Buyer will only be delivered within the United Kingdom, to the address indicated on the order form by the Buyer.
10 - UNABLE TO DELIVER
Delivery and Handling
Should we be unable to complete delivery, your items will be stored at our depot. You will receive a notification explaining how to rearrange the delivery. If you are unavailable at the agreed delivery time, please get in touch with us to reschedule for another convenient day.
Order Cancellation Policy
If your order remains undelivered for 15 days from the available delivery date due to reasons beyond our control, we will consider it as an indication to cancel the Contract. Upon cancellation, we will promptly refund all payments made, including delivery costs (unless incurred by selecting a non-standard delivery option), within 14 days of the contract termination.
Delayed or Lost Shipments
DHL offers reliable service; nonetheless, delays or loss of products can occur. Should delivery be delayed beyond 6 days from dispatch, kindly inform Agnès b Customer Services. Contact us at +44 20 3318 8337 or via email at [email protected] to initiate an investigation with DHL. If the investigation locates the product, it will be sent to your address. Conversely, if deemed lost, Agnès b. will reimburse for the product cost, assuming they are no longer in stock. Agnès b. assumes no liability for delays caused by the carrier, including losses or strikes.
Reporting Delivery Incidents
In the event of a delivery discrepancy (where delivery is recorded but not received), report to Agnès b's Customer Services within 5 working days. Contact is available at +44 20 3318 8337, from Monday to Friday, 10:00am to 7:00 pm and Saturday 10:00am to 5:00 pm (French Time) or by email at [email protected].
11 - CLICK AND COLLECT
If you have chosen the delivery at store option, we may subsequently notify you that our “CLICK AND COLLECT” service is available for the items in your order. As this is subject to stock availability and other factors, it cannot be chosen by you when you place your order. If we have notified you that “CLICK AND COLLECT” is available, your order will be available to be picked up by you from that store before the estimated delivery dates that are stated in the Buying Guide section of our website.
Once your “CLICK AND COLLECT” order has been prepared, we will contact you to let you know that it is ready to be picked up. You can pick up the order either in person (by presenting the order number and a proof of identity) or you can appoint someone else to pick up the order on your behalf. In this case, the appointed person must present the order number and proof of his or her identity.
The terms of this Clause 11 (together with the rest of these Terms) will apply to you if you make a purchase via the “CLICK AND COLLECT” service and will be subject to any other applicable regulations.
12 - RISK AND TITLE
The Items will be at your risk from the time of delivery. Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges, or upon delivery (as defined in Clause 9), whichever is the later.
13 - PRICE AND PAYMENT
All prices posted on this Site are subject to change without notice. The price of the products shall be the price quoted at the time the order is placed and will be set out in the 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 posted prices do not include shipping charges and sales taxes (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).
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 basket. Your next step will be to go through the checkout process and make a payment.
Payment for orders will be made to agnès b.U.K.ltd. 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 or 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 “authorise” or “finalise order” button, and you are then bound to pay for your order once it has been placed.
All payments are processed in GBP. 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.
Payment can be made by Visa, Mastercard, American Express, PayPal, and Apple Pay (only for iPhone or iPad APP).
To minimise the possibility of unauthorised access, your credit card details will be encrypted. By clicking "Authorise payment" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or the credit note. Credit cards are subject to validation checks and authorisation by your card issuer, but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a contract with you.
14 - RETURNS POLICY
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 fifteen (15) days of the date of the delivery as defined in art 9. Shipment Confirmation e-mail, unless a longer period of time is specified in writing at the time of purchase, Order Confirmation, or Shipment Confirmation purchased on the UK Agnes b site. 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 the Agnès b. Covent Garden boutique in London , UK 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.
agnès b. will reimburse the amount paid by the buyer within 30 days from the date of receiving the package by agnès b. Returns are only possible from the country where the items were delivered. Underwear, swimwear and earrings are not returnable. Accessories, cosmetics, and perfumes must be unused, in their original condition, and in 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.
For any questions or more information go to our Help & Support section at www.agnesb.com/en-uk. 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.
15 - RIGHT OF WITHDRAWAL
You possess the right to annul your order within a fourteen-day period, without the necessity of stating reasons for such a decision, save for exceptions pertaining to 'Excluded Items' as previously delineated. The commencement of the annulment period is marked by the delivery day of the final piece(s) within your order. The most expedient method to enact your right of annulment involves direct communication with us via our electronic portal or by engaging our freephone service at +44 20 3318 83 37, thereafter adhering to the outlined procedures for the return of merchandise.
To adequately observe the annulment deadline, it suffices to convey your intent to annul prior to the elapsing of the aforementioned fourteen-day tenure.
Furthermore, though provision is made for the utilization of a model cancellation form within the annexure of these terms, adherence to such is not compulsory. Should your order originate from a location external to the United Kingdom, specifically from a fellow EU member state via this electronic platform, it is imperative to note:
- The stipulations contained within this Clause 15 regarding cancellation, returns, and exchanges shall find application.
- Obligations do not extend towards the reimbursement of shipping expenses for items dispatched to locations divergent from the initial UK delivery points, nor will costs incurred from returns initiated from regions beyond the United Kingdom be refunded, except in instances where the merchandise is deemed defective. Under such circumstances, the protocols delineated in the section titled "Returns of defective items" shall be universally applicable.
16 - EFFECTS OF WITHDRAWAL
We will refund all payments received from you, including the costs of delivery to the original delivery address (although we will not refund any supplementary delivery costs if you chose an enhanced type of delivery rather than our least expensive type of standard delivery), without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw. We will use the same means of payment that you used to pay for your order and this will not cause you any extra fees.
We may withhold the refund until we have received the items back, or you have supplied evidence of having sent back the items, whichever is the earlier.
You must send back the items or hand them over to us without undue delay, and in any event no later than 14 days from the day on which we are informed about your decision to withdraw. Please use either of the returns methods described above. If you do not use either of these returns methods, you will need to bear the cost of returning the items to us.
You are only liable for any diminished value of the items resulting from their handling, other than that which is necessary to establish the nature, characteristics and functioning of the items.
17 - LIABILITY AND DISCLAIMERS
Nothing in these Terms shall exclude or limit in any way our liability:
1. For death or personal injury caused by our negligence;
2. For fraud or fraudulent misrepresentation; or
3. For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We are not liable for business losses. We only supply the items for domestic and private use. If you use the items for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
We have a legal duty to supply items to you that are in conformity with the Contract, however, without affecting that duty and to the fullest extent permitted by law, all item descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising. Where you are contracting as a consumer, in line with our obligations at law, we will be responsible for delivering items to you that: (i) comply with the description given by us and possess the qualities that we have presented in this website, (ii) are fit for the purposes for which items of their kind are normally used and (iii) show the quality and performance which are normal in items of the same type and can which can reasonably be expected.
We warrant to you that any item purchased from us through this website is of satisfactory quality and reasonably fit for all of the purposes for which items of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the items available on this website. Items (including handicraft items) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed item. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only items of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the item. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
18 - INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
19 - VIRUSES, HACKERING AND OTHER CYBERCRIMES
You may not misuse this website/App by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website/App, to the server which hosts this site/App or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack. By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website/App will cease immediately. We will use reasonable care and skill to ensure that this website and App are safe, secure and free from bugs, viruses and other defects. Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website/App or from the downloading of the contents thereof or of such contents to which this website/App redirects.
20 - LINKS FROM OUR WEBSITE
We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.
21 - WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. 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. This condition does not affect your statutory rights.
22 - TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent.
However, you may transfer our guarantee in respect of defective products, which is stated at clause 16, to a person who has acquired the item. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item, for example b
providing proof of purchase or producing a letter or chain of letters from the original Purchaser and subsequent Purchasers (where appropriate) transferring the benefit of the guarantee to the new owner of the item in question.
We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
23 - EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control.
An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
7. Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.
24 - WAIVER
No failure of Agnes b to enforce any of its rights or remedies under these Terms will constitute a waiver of future enforcement of those rights and remedies. The waiver of any right or remedy will be effective only if it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions.
25 - SEVERABILITY
If any of the provisions of these Terms or any provisions of an order is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
26 - OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.
27 - LAW AND JURISDICTION
The use of our website and the Contracts for the purchase of items through such website will be governed by English law. Any dispute arising from, or related to the use of this website or to such Contracts shall be subject to the non-exclusive jurisdiction of the English courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such. If you live in Scotland you can bring legal proceedings in respect of the items in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the items in either the Northern Irish or the English courts.