Welcome to the Agnès b. web site (“Our Site”), the site operated by ABW Enterprises, Inc. d/b/a Agnès b. (“Agnès b.”). This is the user agreement that governs your use of the site (“Agreement”). Please read this Agreement carefully, because by using our site you agree to abide by its terms and conditions. We may change the terms from time to time and any change will be effective from the day of posting, so please check this page periodically.
The website http:// www.agnesb.com (hereinafter, the "Site") is an information and e-commerce site accessible via the Internet to all Internet users (hereinafter, "Web Surfers"). The site has been developed and managed by CMC Agnès b. (hereinafter "Agnès b."), a French stock company (Société par actions simplifiée) with share capital of 2,304,000 euros, head office located at 17 rue Dieu - 75010 Paris, and registered with the Trade and Companies Registry of Paris under the number 303 754 295.
The Site enables Agnès b. to offer for sale clothing and accessories made by and/or for Agnès b. or by its business partners, as well as cultural products (hereinafter the "Products") for all Web Surfers who connect to the Site (hereinafter, the "User(s)"). For the purposes hereof, the User(s) and Agnès b. are referred to collectively as the "Parties" and individually the "Party", and any User who confirms an order is referred to as the "Buyer". The rights and obligations of the User(s) necessarily apply to the Buyer(s).
The Products are intended for personal use by the User, and not directly intended for the latter's professional use. In this respect, we call the User's attention to the fact that the User may order a maximum of ten (10) Products with the same catalog reference in any given month. Any order for more than that maximum number cannot be accepted.
Any Product ordered via the Site presupposes having read and expressly agreed these terms and conditions of sale by clicking in the box next to the phrase "Please check this box to confirm you have read the Terms and Conditions". In accordance with articles 1316 to 1316-4 of the French Civil Code, as completed by Order No. 2001-272 dated 30 March 2001 for implementation of Article 1316-4 of the Civil Code where electronic signatures are concerned, please note that the fact of clicking in the box next to the phrase " Please check this box to confirm you have read the Terms and Conditions " after reading them, in the same manner as confirming the order form as described in clause 3.3 below, constitutes an electronic signature which is binding between the Parties to the same extent as a manual signature and stands as proof that the entire order is legally valid, rendering all amounts in connection therewith due upon performance of said order.
The User may save or print these Terms and Conditions of Sale, provided they are not modified in any way.
Our site and all its contents , such as text, photographs, graphics, logos , button icons, images, audio clips, and software, is owned by or license to Agnès B. and is protected by United States and international copyright laws and others intellectual property laws.
You may occasionally reproduce, distribute, display or transmit an insubstantial portion of Our Site content only for purposes that are personal and non-commercial (other than for the purchase of products from Our Site) and only for limited number of individuals, provided that you include all trademark, copyright and other proprietary rights notices in the same form in which the notices appear on Our Site. Except for the purpose noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in selling, or exploit in any way, in whole or in part, Our Site, any of its contents, or nay related software.
Agnès b., b., and other trademarks, logos and indicia of source (collectively, “Trademarks”) displayed on Our Site are owned by Agnès b. The Trademarks may not be used in connection with any product or service that does not belong to us in any manner that is likely to cause confusion about whether Agnès b. is the source, sponsor or endorser of the product or service without our prior written consent, and may not be used in any manner that disparages or discredits Agnès b.
Links to Our Site, Frames and Metatags
You may not link to the home page of Our Site in any way that might cast Agnès b. in a false or misleading light. You may not frame Our Site content so that it is viewed on another site. You may not use metatags or nay other “hidden text” that incorporates our name or Trademarks without our express written consent
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 is the sole document applicable to the relationship between the Parties ; it cancels and supercedes any other document.
Most of the products displayed on Our Site are available in Agnès b. boutiques in the United States while supplies last. In some cases, products displayed for sale on Our Site may not be available in stores. The prices displayed on Our Site are quoted in U.S. Dollars and are valid and effective only in the United States.
We make every effort to display product colors on Our Site as accurately as possible, but we cannot guarantee that your monitor’s display of any product will be accurate.
The photographs and texts illustrating the Products are non-contractual. Agnès b. cannot be held responsible for erroneous photographs or texts.
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.
Should any Product be out of stock, the Buyer will be informed as quickly as possible.
Prices are posted in U.S. dollars.
All orders placed through the Site for delivery outside the U.S. are subject to local taxes and deliveries fees.
The prices posted on the Site are guaranteed on the date of order and for articles available in stock, reserve made for significant changes manifest printing error or omission.
Agnès b. reserves the right, and the User accepts, to change the price 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 or she chooses the desired Products and signals his or her interest by clicking on "Put in the Bag".
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 clicking on "Return to your bag",
- the shopping for Products and order those selected by clicking on "Order".
To order the selected Products, after clicking on "Order", the User must identify him or herself by entering his or her email address and password chosen when opening the personal account; or, if this is a first order, by clicking on "If this is your first order, please click here". In the latter case, the User must fill out accurately the form provided, with all information necessary to identification, mainly his or her name, first name and mailing address. In addition, the User must provide his or her email address and a chosen password which will be treated as personal and confidential, which will be needed in the future for identification to access the Site.
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.
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, the User's personal information and the address for delivering the Products.
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. The User then proceeds to the secure payment site by clicking on the type of credit card used for payment. 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.
By paying immediately via credit or bank debit card, as provided in clause 6 below, the User is automatically transferred to the electronic payment server of the secure electronic payment platform (hereinafter, the "bank"). The bank'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 twenty-one thirty (30) from the original shipping date.
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.
The Buyer will then have access to his or her order by clicking on "Your account" and by filling out his or her mailing address and password.
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 5 below.
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 FedEx, and rates vary according to the delivery service chosen by the User.
Agnès b. disclaims any liability for undue delays in delivery due to FedEx 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. 401 Broadway, Suite 1606, New York, NY 10013 or by email, email@example.com 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
If Buyer is not completely satisfied with his online purchase, he can send it back for a refund or an exchange. Product must be returned to Agnès b. in its original packaging within thirty (30)* days of the original shipping date.
Buyer has a period of thirty (30)* days to return, at his or her expense, the Product(s) ordered if, for one reason or another, the Buyer is not satisfied with them. This period runs from original shipping date.
*All sale items can be returned for exchange or refund within 14 days of the delivery date. After 14 days of the delivery date, all sale items become Final Sale.
Agnès b. will accept only those Products which have not been worn or washed and which are returned with their label and materials tag intact.
The Products must be returned in their packaging and packing of origin to the following address: Agnès b. 401 Broadway, Suite 1606, New York, NY 10013.
Prior to returning Products, the return must be notified by sending the return notice attached to the Product invoice, by mail to Agnès b.: Agnès b. 401 Broadway, Suite 1606, New York, NY 10013, or by fax to: (212) 548-9750.
Upon fulfillment of the above conditions, Agnès b. will reimburse the amounts paid by the Buyer within thirty (30) days starting from the date of reception of the package by Agnès b.
If, despite the care taken by Agnès b. in preparing orders, a Product has a defect, the Buyer has seven (7) days from date of delivery to return the defective product at his or her expense for exchange or reimbursement. In order to process this claim as quickly as possible, any defect must be notified beforehand by sending the return slip on the Product invoice to Agnès b. 401 Broadway, Suite 1606, New York, NY 10013 or by fax to: (212) 548-9750. Any claim for return after the seven-day period will be rejected by Agnès b., and its legal liability will cease as of that time.
Upon fulfillment of the above conditions, Agnès b. will exchange the defective Product(s) or reimburse the Buyer, within thirty (30) days from the date of reception of the package by Agnès b.
Payment is made immediately via the Internet, unless the server is unavailable, by credit card.
However, 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 personally identifiable information we collect about you is stored on limited access servers. We have implemented appropriate technical and organizational measures, such as limiting access to the date to authorized personnel only and storing data on a secure server, to protect the security of these servers and your personally identifiable information.
We also use Secure Socket Layer (SSL) technology to protect the security of your credit card data as it is transmitted to us. Of course, no transmission over the Internet can be guaranteed to be 100% secure. Therefore, you provide us with your information at your own risk.
Collection of Your Information
Anonymous Information. When you visit Our Site, the server automatically collects anonymous information such as your IP address, the type of browser you use, and other web site usage information. We may use this information in the aggregate to evaluate how users navigate Our Site.
Personal Information. When you register with Our Site, order any products, or contact us through the Contact Us web page, we collect personally identifying information, such as your name, address, email address, phone number, your credit card number (if you are placing an order), and any personal information you include in the message. We will use this information to process your request, confirm your orders, and to send you email and postal mail messages about our products, services and other information we think might interest you. (Your ability to opt-out of receiving these messages is discussed in the next section.)
Your Ability to Choose
You can let us know that you do not wish to receive information by email or postal mail by selecting the opt-out choice in our registration, order and contact forms, or by contacting us by email at firstname.lastname@example.org, or by postal mail at Agnès b, Agnès b. 401 Broadway, Suite 1606, New York, NY 10013 or by fax to: (212) 548-9750. Please note that, when you make a purchase, we will still contact you to confirm your order or ask necessary questions regarding your order.
Information Shared With Third Parties
If you want to update or change your information, you can do so online by entering your email and password and revising your data, or contacting us by email at email@example.com, or by postal mail at:
Agnès b. 401 Broadway, Suite 1606, New York, NY 10013
We do not knowingly collect personally identifiable information from anyone under 13 years of age. If we become aware than an under-13-year-old has sent us personally identifiable information, we will use the email address only to respond to that user’s one time request and then delete his or her personally identifiable information from our database.
Comments and Questions
If you have any questions about our collection and treatment of your information, you can send an inquiry through the Contact Us web page, or ask us by email at firstname.lastname@example.org, or by postal mail at:
Agnès b. 401 Broadway, Suite 1606, New York, NY 10013 Or by tel 1-888-AGNESB2
7.1 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, modify, correct and delete information concerning him or her.
To exercise this right, the User must send an email to: email@example.com
Only "session" cookies are used on the Agnès b. website. 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.
7.3 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.
Links to Other Web Sites
Disclaimers of Warranties
OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIOND AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL, DATA, OR DATABASE DISPLAYED, POSTED OR DISTRIBUTED ON OUR SITE OR AVAILABLE THOUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN OUR SITE.
WE DISCLAIM ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE.
SOME STATES DO NOT ALLOW THE DISCLAIMER OR IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS , ”TROJAN HORSES” OR DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR CONTENT THAT MAY BE DOWNLOADED FROM OUR SITE OR CONTENT THAT MAY BE DOWNLOADED FROM OUUR SITE DOES NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANYOF ITS CONTENT, YOU DO SO SOLELY AT YOUR OWN RISK.
Limitation of Liability
YOU RELEASE AGNÈS B. AND ITS PARTNERS, SUBSIDIARIES, AFFILIATES, OFFICIERS, DIRECTORS, AGENTS, AND EMPLOYEES, FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR SITE.
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR NAY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, ITS SERVICES, OR THIS AGREEMENT, WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY.
You agree to indemnify and hold Agnès b. and its partners, subsidiaries, affiliates, officers, directors, trustees, agents and employees harmless against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this Agreement, or your violation of any law or rights of a third party in connection with your use of Our Site.
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 an act of God, in particular without limitation in cases of labor unrest or total strike of postal services or shipping and/or communications companies, floods, fires, and generally any event beyond its control.
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 should an Act of God prevent the performance of Agnès b.’s obligation to the User.
Should the Act of God interrupt services for longer than one (1) month, Agnès b. is entitled not fill the order, with the obligation of reimbursing the Buyer, if applicable, within thirty (30) days.
8.2 Act of God
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, in particular without limitation in cases of labor unrest or total strike of postal services or shipping and/or communications companies, floods, fires, and generally any event beyond its control
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, Agnès b. is entitled not fill the order, with the obligation of reimbursing the Buyer, if applicable, within thirty (30) days.
8.3 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.
8.4 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.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severed and will not affect the validity and enforceability of any remaining provision.
8.5 Applicable law - Jurisdiction
This Agreement and any claim or dispute relating to it will be governed by the laws of the State of New York applicable to contracts made and performed there without regard to its conflicts of law principles.
You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State and County of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
For a period of 10 days after you receive your parcel, agnesb.com will pay for the cost of returning any articles you do not wish to keep (offer valid only for packages posted in Metropolitan France).
In each package you will find a label marked Colissimo Services France, together with a RETURNS VOUCHER.
All you have to do is place this RETURNS VOUCHER inside your package (this is necessary for your order to be processed), stick the Colissimo Services France label on the outside and take it to the post office. Your parcel will be given priority treatment and we will proceed to reimburse the returned products.
So in future you can try on the goods you have purchased in the peace of your own home and take your time to decide.
See you soon on agnesb.com