Introduction

The website www.agnesb.com 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.

1 – 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 is the sole document applicable to the relationship between the Parties ; it cancels and supercedes any other document.

2 – Products - Prices

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.

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 euros and valid for the following territories : AZORES, GERMANY, AUSTRIA, BALEARIC ISLANDS, BELGIUM, CANARY ISLANDS, CYPRUS, CORSICA, DENMARK, SPAIN, ESTONIA, FINLAND, FRANCE (MAINLAND), GREECE, HUNGARY, IRELAND, ICELAND, ITALY, LITHUANIA, LUXEMBURG, MADEIRA, MALTA, NORWAY, THE NETHERLANDS, POLAND, PORTUGAL, UNITED KINGDOM, SARDINIA, SICILY, SLOVAKIA, SLOVENIA. They include any reductions and French VAT, applicable on the order date.

All orders placed through the Site for delivery outside France may be subject to taxes and customs duties at the destination point. 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 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 – Registration and confirmation of orders

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, 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 has received, he will need to enter and confirm his « preferencial code » in the appropriate field located on the Website’s Cart page.

Depending on which type of commercial offer is granted, it will appear on the Cart page if the offer deals with a present or, if the offer deals with free shipping, it will appear at stage 3 of the order which is being placed.

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. At this point the User proceeds to the secure payment site by clicking 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.

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 seven (7) business 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.
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.

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 5 below.

4 – Delivery

Delivery times and shipping methods
Agnès b. will do its best to ensure that the order is prepared and dispatched within an average timescale of one (1) to five (5) working days from the day after the order is confirmed by the Purchaser.

The delivery time will be three (3) to ten (10) days for orders sent by Colissimo Suivi [Tracked Colissimo]* and one (1) to four (4) days for orders sent by Chronopost.

*Depending on the order value, Agnès b. uses 2 different Colissimo delivery methods:

- Colissimo Suivi [Tracked Colissimo]: For orders valued at 100 Euros or less.
Dispatch by Colissimo Suivi Access. The parcel is placed in the letterbox of the recipient. If this is not large enough to contain the parcel, a form is placed in the letterbox to say that the parcel is awaiting dispatch.

- Colissimo Suivi Contre signature [Tracked Colissimo requiring signature]: For orders valued at more than 100 Euros.
The signature of the recipient is required for delivery of the parcel. If the recipient is absent, a form is placed in the recipient’s letterbox to say that the parcel is awaiting dispatch.
From the date given on the non-delivery notice, the recipient has 15 days in which to obtain his/her parcel from the Post Office.

In both cases, the recipient can track his/her parcel on our website in the “Client area” or at www.laposte.fr/colissimo giving the parcel number which he/she will have received by e-mail when the order was confirmed.

Countries to which goods are delivered The Products ordered by the Purchaser will only be delivered to the following countries, AZORES, GERMANY, AUSTRIA, BALEARIC ISLANDS, BELGIUM, CANARY ISLANDS, CYPRUS, CORSICA, DENMARK, SPAIN, ESTONIA, FINLAND, FRANCE (MAINLAND), GREECE, HUNGARY, IRELAND, ICELAND, ITALY, LITHUANIA, LUXEMBURG, MADEIRA, MALTA, NORWAY, THE NETHERLANDS, POLAND, PORTUGAL, UNITED KINGDOM, SARDINIA, SICILY, SLOVAKIA, SLOVENIA, SWEDEN, SWITZERLAND, CZECH REPUBLIC, to the address indicated on the order form by the purchaser.

Delay / no delivery
Colissimo Suivi and Chronopost are very reliable services. However, as for any shipment, it is possible that there could be a delay in delivery or that the product is lost. If there is a delay in delivery (more than 6 days from dispatch of the order for Chronopost and more than 11 days for Colissimo), the Purchaser must inform Agnès b Customer Services: CMC Agnès b. – Com Plus. This may be done by telephone on +33.1.40.03.58.44, or by e-mail to shoppingonligne@agnesb.fr. Agnès b. will send the information to the French Post Office to trigger the start of an investigation. This may take up to 21 days from the date it was launched. If the product is found during this time, it will immediately be redirected to the address of the Purchaser (in most cases). If on the other hand the product is not found after the 21 days of the investigation, the French Post Office will consider the parcel to be lost. If this is the case, Agnès b. will send you a replacement product at its expense. If the lost product(s) are no longer available at this time, Agnès b. will reimburse you for the cost of these products. Agnès b. takes no responsibility for extension to delivery times due to the carrier, particularly in cases of loss of products or strikes.

Anomalies
It is essential that any anomaly relating to delivery (damage, non-conformity, product mentioned on the delivery form missing, damaged parcel, broken products, etc.) is noted on the delivery form as “handwritten reservations” accompanied by the signature of the Purchaser. The Purchaser must confirm this anomaly by sending the carrier a Special Delivery letter detailing the said claims within two (2) working days following the delivery date. The Purchaser must send a copy of this letter by e-mail or by post to Agnès b.

Returns
For any return to be accepted, prior notification must be given to Agnès b Customer Services. The Purchaser must note the possible anomalies observed (damaged parcel and/or product) on the “Returns Form”.

Products must be returned complete (accessories, notice, guarantee, etc.) in perfect condition, or in the condition noted on the returns form and accompanied by the documents attached to the order (delivery note and invoice).

Reimbursement methods
Any reimbursement effected in compliance with the present General Conditions of Sale will take place by crediting the card used by the purchaser for payment (delivery charges excluded).

Fraud prevention
In order to protect our clientele from possible fraudsters, Agnès b. reserves the right to perform checks on addresses and identity for some orders. The aim of these checks is to verify the compliance between the identity of the cardholder and the identity of the purchaser and his/her billing address. Agnès b. wishes to ensure that the client is truly the person placing the order and not a fraudster who has wrongfully obtained these bank details.

5 – Guarantees

"Satisfied or Your Money Back"

In accordance with article L 121-16 of the French Consumer Code, the Buyer has a period of seven (7) business 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 7-day period runs from the Product reception date. 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: LOGVAD pour ABnet, ZI Roubaix-Est, 1 rue de la Couture 59115 Leers

The return notice, duly filled, shall be sent together with the Products. 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. (date of posting by the Buyer is valid as notice to Agnès b. that the Buyer has exercised the right to withdraw his or her order), except return expenses which are borne by the Buyer. In case the Buyer has not subscribed to the "service retour" service proposed by la Poste for deliveries in France, he shall bear return expenses.

Defective Products

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 clearly notified in the return notice sent with the Products. The stamped package, together with the return notice duly filled, shall be sent,to:LOGVAD pour ABnet, ZI Roubaix-Est, 1 rue de la Couture 59115 Leers.

Upon fulfillment of the above conditions, Agnès b. will exchange the defective Product(s) or reimburse the Buyer for defective Product(s) and postage charges, within thirty (30) days from the date of reception of the package by Agnès b.

6 – Payment

Payment is made immediately via the Internet, unless the server is unavailable, by means of a credit or bank card issued in France or outside France by Visa, Eurocard/Mastercard or American Express.

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

7 – Computerization and Individual Freedoms

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: shoppingonline@agnesb.fr

7.2 Cookies

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.

8 – Miscellaneous

8.1 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.

8.2 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, 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.

8.5 Applicable law – Jurisdiction

These Terms and Conditions of Sale and the contractual relationship between Agnès b. and the Buyer are governed by the laws of France. In the event of dispute, the Parties shall attempt to settle on an amicable basis prior to bringing any legal action.