TERMS OF SALE
Mises à jour le 01/11/2021
Article 1 : Formation and performance of the contract
Article 2 : Price
Article 3 : Products
Article 4 : Importation, customs duties and taxes
Article 5 : Delivery
Article 6 : Right of withdrawal and general return policy
Article 7 : Quality warranty
Article 8 : Intellectual property
Article 9 : Limitation of liability
Article 10 : Special sales and promotional operations
Article 11 : Customer service and order tracking
Article 12 : Rules governing the general conditions of sale
Article 13 : Miscellaneous provisions
Article 14 : Appendix I: Right of withdrawal for consumers in the european union, the EEA and the united kingdom
ARTICLE 1 : FORMATION AND PERFORMANCE OF THE CONTRACT
Placing an order
The Customer places an order by following these steps:
Step 1: the Customer selects the chosen products and adds them to the cart after selecting the desired size and colour, as well as, where applicable, the delivery country and payment currency among those offered by the Site.
Step 2: The Customer reviews the contents of their shopping cart and views their order summary, which they can modify (product, size, quantity). The summary shows the price of the products, shipping costs, and an estimate of customs duties, taxes, and other customs clearance fees applicable to the order (hereinafter “Duties & Taxes”). For some countries, this amount is included in the product price, while for others, duties and taxes are calculated at checkout.
Step 3: once the order has been reviewed and amended if applicable, the Customer confirms it by clicking the confirmation button (the exact wording of the button may vary by country). If the Customer has a promotional code, it must be entered in the space provided for that purpose.
Step 4: the Customer enters delivery and billing details. Fields marked with an asterisk (*) are mandatory. Orders are for personal use only and may not be placed for resale purposes; this does not deprive the Customer of any tax exemption to which they may validly be entitled.
Step 5: the Customer enters payment details. The secure checkout process is described in Article 1.3 below. Before final confirmation, the process allows the Customer to identify and correct any input errors.
Order confirmation
Upon receipt of the order, the Customer will receive an acknowledgement email (“Order Confirmation”) summarising the items ordered and the delivery address. This Order Confirmation does not constitute acceptance of the order: it merely confirms that it has been received.The order may be refused or cancelled, in whole or in part, at any time, in particular in the event of: unsuccessful anti-fraud or regulatory checks; suspicion of bad faith or an abnormal order; an order placed by a professional rather than a consumer; unverifiable payment details; unavailability of the Product; exceeding quantity or value limits per order; or an obvious error affecting an essential element of the transaction (price, description, availability, quantity) making the order unreasonable or unlawful, including where an abnormally low price is exploited to acquire an unusual quantity of items. Further information may be requested before any order is accepted or processed.
The sales contract between the parties is only definitively formed upon the Customer's receipt of the email confirming shipment of the Products. If the order is cancelled or refused after payment, the Customer will be refunded in accordance with these Terms.
A Customer who has placed an order can find their invoice in their customer account, under order tracking.
Payment
Payment is processed by Global-e through third-party payment providers, where applicable via an entity of the Global-e group (such payment being deemed validly made to AGATHA).If the chosen payment method allows pre-authorisation (as is the case for most bank cards), the amount is first authorised and then debited at the latest upon shipment of the Product. Other payment methods (PayPal or other e-wallets) may be debited as soon as the Order Confirmation is issued. In all cases, the full order amount is debited even in the event of split shipment or pre-order.
The order will appear on the Customer's bank statement under a reference such as “Global-e//AGATHA”. AGATHA and Global-e are not responsible for any additional charges that may be levied by the Customer's bank, card issuer or payment method operator (currency exchange fees, cross-border fees, etc.). For further details, please refer to the terms applicable to those payment methods or financial institutions.
Transactions are secured by the SSL (Secure Socket Layer) protocol or equivalent: data exchanged cannot be detected, intercepted or used by third parties. The Customer's financial data never passes through AGATHA's IT system at any point.
In the event of payment default, an incorrect address, or any other issue relating to the Customer's account, the order may be put on hold until the issue is resolved. If the required payment authorisation is not obtained, neither AGATHA nor Global-e can be held liable for any delay or failure to deliver the Products. Please note that neither Global-e nor AGATHA can be held liable for any loss you may suffer as a result of a third party accessing your payment or account credentials.
An electronic invoice is made available to the Customer in their customer account, which the Customer accepts.
Combating bank card fraud
If the Customer suspects fraudulent use of their bank card on the Site, they are invited to contact customer service at the address indicated in Article 11 below.Information relating to the order is subject to automated processing designed to assess the transaction's risk level and combat fraud. AGATHA and Global-e receive the order-related data; failure to transmit this data prevents the transaction from being carried out and analysed.
An unpaid amount resulting from fraudulent use of a bank card may lead to the details associated with that unpaid amount being recorded in a payment incident file, in accordance with applicable regulations.
Order archiving
The Order Confirmation is recorded in registers kept on a reliable and durable medium. The Customer accepts that this confirmation constitutes proof of the contractual relationship between the parties.ARTICLE 2 : PRICE
The prices of the Products, any delivery charges and, where available for pre-payment, an estimate of the applicable Duties & Taxes, are shown during the checkout process, in the Customer's local currency or in another currency offered at the Customer's choice.Prices may be changed at any time, including due to exchange rate fluctuations; however, such changes will have no effect on an order already placed.
The Customer undertakes to comply with the tax and customs provisions applicable in their country of destination, not to commit any abuse of rights, and indemnifies AGATHA and Global-e against the consequences of any breach of this essential obligation.
AGATHA is registered under intra-Community VAT number FR 87 828378570. An invoice will be sent to the Customer upon request.
ARTICLE 3 : PRODUCTS
Essential characteristics
The essential characteristics of the Products are described in the product sheets published on the Site and summarised in the order summary.Retention of title
The Products remain the exclusive property of AGATHA until paid in full. AGATHA's right of retention also applies, where applicable, to the resale price or part of the resale price of such goods, as well as to any insurance indemnity substituted for them. The Customer shall take all appropriate steps to inform its creditors accordingly in due time.Personalised products
A “Personalised Product” means any item that has, in whole or in part, been custom-made, personalised, adjusted or includes any element specific to the Customer. The Customer undertakes to check the accuracy of the personalisation details before placing an order. Personalised Products may not be eligible for return or refund, unless they are found to be defective or damaged upon receipt; as a rule, the order can no longer be modified or cancelled after the Order Confirmation.ARTICLE 4 : IMPORTATION, CUSTOMS DUTIES AND TAXES
The Customer acknowledges that Products ordered on the International Site may originate from outside their country of residence, in which case they are importing the Products for personal use. Depending on the destination, Global-e may act, directly or indirectly, as the official importer; the customs documents and invoices specify, in each case, the identity of the official importer.If the Duties & Taxes were paid when the order was placed, they will be remitted to the relevant customs and tax authorities. Failing that, the Customer will be the official importer and will be solely and fully responsible for paying these amounts directly to the relevant authorities. Splitting an order for the same destination may result in additional Duties & Taxes, payable by the Customer.
The Customer authorises AGATHA and/or Global-e to appoint a carrier acting as the Customer's agent vis-à-vis the relevant customs and tax authorities, in order to carry out customs clearance, process and pay the applicable Duties & Taxes (where they were paid at the time of the order), and forward any information relating to the Customer or their order to any government authority that so requests.
If the Duties & Taxes were not paid when the order was placed and the Customer does not pay them upon importation, the Customer will bear all resulting costs (which may include return charges and the loss of the original delivery charges). Neither AGATHA nor Global-e can be held liable for these costs; where applicable, these amounts may be deducted from any future refund or claim owed to the Customer.
ARTICLE 5 : DELIVERY
Shipping charges and terms
Unless expressly requested by the Customer, shipment is carried out by a carrier selected by AGATHA or Global-e depending on the destination (for example La Poste-Colissimo or Chronopost for certain European destinations, or any other international carrier suited to the delivery country) and charged to the Customer at the rate shown in the order summary. Certain Products may not be deliverable to certain destinations due to restrictions specific to the Product or the country concerned; such restrictions are, where applicable, indicated on the Site or during checkout, and delivery of any item that cannot lawfully be delivered may be suspended or cancelled, including after the Order Confirmation.Delivery times
The delivery times indicated when placing the order are estimates, unless expressly stated otherwise. Unless a different date is indicated at checkout, the order must be delivered within a maximum of 30 (thirty) days from the Order Confirmation, except in exceptional circumstances (in particular pre-orders). This period may vary depending on the delivery address and the delivery method chosen; Products from the same order may arrive on different dates.Delivery time estimates generally correspond to the carrier's first delivery attempt; it is the Customer's responsibility to respond to delivery notices or messages from the carrier, including to arrange a further delivery attempt. AGATHA and Global-e cannot be held liable for any failure by the Customer to do so.
If the delivery time is exceeded for reasons other than force majeure, and subject to the mandatory provisions of the Customer's country of residence, the Customer may request termination of the sale and obtain, within a maximum of 14 (fourteen) days, a refund of the amounts paid for the sale.
Transfer of risk
The risk of loss transfers to the Customer upon actual delivery. Delivery is deemed to have taken place when the Product reaches the address given in the order, or any other address communicated directly to the carrier by the Customer. Where the Customer has not paid the Duties & Taxes (not pre-paid when placing the order), delivery is deemed to have taken place as soon as the Product arrives at the customs entry point of the destination country.Damage during transport
The Customer should only accept the parcel if the outer packaging shows no sign of impact or leakage. It is recommended to open the parcel and check the Product before signing the delivery note; failing that, the Customer is invited to note precise and reasoned reservations on the delivery note. AGATHA and its carrier partner bear the transport risks and will reimburse the Customer provided the parcel is returned to the carrier together with a reasoned letter of complaint, a copy of which must be sent to customer service.Delivery irregularities and fraud prevention
Any Customer noticing one of the following irregularities must inform customer service within three (3) days of the delivery date: non-receipt of the parcel; visible damage to the parcel; missing item(s); dispute over receipt of a parcel delivered against signature. Any complaint made after this period cannot be considered.If receipt is disputed while tracking confirms that the parcel was delivered, the Customer must provide, within 48 hours of their complaint: a copy of a valid ID document, a detailed statement together with a close-up photo of the parcel and the label, and a police report, statement or equivalent document available from the local authorities or the carrier.
AGATHA has sole discretion in assessing whether a delivery failure actually occurred before issuing any refund, which can only be partial, as shipping costs are deducted from the refunded amount. In the event of inappropriate behaviour, bad faith or repeated reports that may indicate attempted fraud, AGATHA reserves the right to temporarily or permanently suspend access to its services and to refuse any new order, and may take appropriate legal action in the event of proven fraud, in accordance with applicable law.
ARTICLE 6 : RIGHT OF WITHDRAWAL AND GENERAL RETURN POLICY
Statutory right of withdrawal (consumers in the European Union, the EEA and the United Kingdom)
Where the Customer is a consumer residing in the European Union, the European Economic Area or the United Kingdom, they benefit from a statutory right of withdrawal, without having to give any reason, within 14 (fourteen) days of receiving the Product. This right is exercised under the conditions set out in Appendix I of these Terms, which prevails over the general return policy below in the event of a conflict.This right allows the Customer to obtain a refund of their order within a maximum of 14 days from receipt of the returned Product, including, where the withdrawal relates to the entire order, the original delivery charges. In the event of a partial return, the refund is made to the extent of the value of the returned Product(s).
General return policy (other destinations and contractual returns)
Subject to the right of withdrawal referred to in Article 6.1 and the exclusions in Article 6.3, any return request must be made within 30 (thirty) days of the order date, unless otherwise provided by the Brand's specific policy or by mandatory local law.To make a return, the Customer must:
• (i) use the returns portal or contact customer service to report their intention to return the item (a link to the portal is available on the online store or provided in transactional emails),
• (ii) provide the required information (proof of purchase, order number or the email address used for the order), the Customer will then receive a return authorisation number (RMA) and, where available, a return label,
• (iii) ship the items as soon as possible and in any event within 14 days of notifying their intention to return, in their original packaging or equivalent protective packaging, with labels and accessories allowing them to be resold, to the following address: AGATHA c/o MARTELET, La Petite Jaunaie, 44690 Château-Thébaud, France, or to the return point indicated by the returns portal depending on the destination.
Once the refund is approved, the Customer is refunded the price of the returned Products. The original delivery charges are only refunded if expressly provided for by the Brand's policy or required by applicable law (defective products, or a return exercised under the right of withdrawal referred to in Article 6.1). Return costs remain payable by the Customer, unless expressly stated otherwise on the returns portal. Unless mandatory provisions state otherwise, Duties & Taxes paid when placing the order are non-refundable if they were not included in the Product price; the Customer may, where applicable, be solely responsible for a duty drawback claim with the relevant authority.
The Customer is solely responsible for any deterioration or loss of returned items; it is therefore recommended to use a carrier that provides tracking and to take out appropriate insurance. Refunds are generally made using the original payment method; orders paid in cash on delivery are refunded to the bank account or PayPal account chosen by the Customer. Returns for cash-on-delivery refunds are not accepted.
Non-conformity
The Customer must check that the Products received conform to the order at the time of delivery. Any irregularity (damaged parcel, missing, damaged or non-conforming products) must be reported to customer service within the applicable statutory time limits following receipt, electronically via the Site's contact form, or by registered letter to: AGATHA - Internet Returns, 37 rue de Liège, 75008 Paris, France. Where non-conformity is established, the Customer will be offered, no later than thirty (30) days after customer service confirms the non-conformity: replacement of the Product at AGATHA's expense, or a refund of the order price (Products and delivery charges) as well as the cost of returning the non-conforming Product, with the exception of taxes and customs duties paid by the Customer upon delivery.ARTICLE 7 : QUALITY WARRANTY
Statutory warranty
Depending on their country of residence, the Customer may benefit from statutory rights and remedies relating to non-conformity or hidden defects in the Products. For consumers residing in France, the statutory warranty of conformity referred to in Articles L. 217-3 to L. 217-20 of the French Consumer Code and the warranty relating to defects in the item sold (Articles 1641 to 1648 and 2232 of the French Civil Code) apply.For consumers residing in the European Union, equivalent rights arise in particular from Directive (EU) 2019/771. These rights are not affected by the contractual warranty described below.
The Customer must report any defect or damage as soon as they become aware of it, by contacting customer service using the means indicated in Article 11; in certain jurisdictions, the exercise of certain statutory remedies is subject to compliance with notification deadlines.
AGATHA contractual warranty
The validity and scope of the contractual warranty may vary depending on the destination; certain territories may only benefit from limited coverage. Unless otherwise provided, where applicable, the AGATHA international warranty exclusively covers manufacturing defects found during normal use of the Product, namely: soldering defects, stones falling out due to a manufacturing defect, and breakages recognised as resulting from a manufacturing defect, for a period of two (2) years from the date of purchase; and plating defects due to a manufacturing defect, for a period of one (1) year from the date of purchase.The contractual warranty does not cover: scratches, normal wear and ageing of the Product, alterations resulting from contact with perfumes, cosmetics or chemical products, damage resulting from an accident, impact, misuse, lack of maintenance or intervention by a third party, or breakages or deformations indicating abnormal use of the Product.
Where a Product is recognised as being covered by the contractual warranty, it is exchanged for an identical product where available or, failing that, for a product of equivalent value. Implementation of the contractual warranty is subject to prior examination of the Product by AGATHA or by an authorised point of sale, upon presentation of the receipt or the warranty certificate duly dated and stamped.
ARTICLE 8 :INTELLECTUAL PROPERTY
The Customer undertakes not to copy, reproduce, transmit, publish, display, distribute or commercially exploit, or create any derivative work from, the content of the Site or the checkout process, and not to assist or facilitate any third party in doing so.ARTICLE 9 :LIMITATION OF LIABILITY
Certain types of liability cannot be excluded under applicable law, in particular those relating to personal injury, death or fraud. These Terms do not affect the Customer's mandatory statutory rights arising from applicable consumer law, including those relating to defective products.Subject to these exceptions, neither AGATHA nor Global-e can be held liable for losses, or for consequential, indirect, incidental, special, exemplary or punitive damages, whether based on contract, tort (including negligence) or otherwise, arising directly or indirectly from these Terms. Any liability that may arise will be limited to the purchase price of the Product concerned and strictly limited to losses reasonably foreseeable at the time the order was placed.
Neither AGATHA nor Global-e is liable for damage resulting from unauthorised use of the Customer's payment method when placing an order, nor obliged to notify the card issuer or any authority in such a case.
Neither AGATHA nor Global-e can be held liable for any failure or delay in performing their obligations resulting from an event beyond their reasonable control (strike, labour dispute, act of God, fire or other disaster, government or customs action or inaction, internet infrastructure failure, act of war or terrorism, widespread supply chain disruption, etc.).
Products are originally designed for the market of the Brand's country of origin; this country may differ from the delivery destination country. Certain Products may therefore not comply with the standards of the Customer's country (fit, default settings, age classification, language); manufacturer warranties may not apply, or associated services may not be available, in the destination country. It is the Customer's responsibility to check the information available to ensure that the international Product ordered meets their needs.
ARTICLE 10 :SPECIAL SALES AND PROMOTIONAL OPERATIONS
AGATHA may offer time-limited or quantity-limited operations (private sales, competitions, prize draws, product launches or similar operations, hereinafter “Campaigns”), where applicable via the Site, a mobile application or a third-party platform. These Campaigns may be subject to specific rules, which prevail over these Terms in the event of a conflict regarding the return, refund and cancellation terms specific to the Campaign concerned.ARTICLE 11 :CUSTOMER SERVICE AND ORDER TRACKING
Customer service undertakes to respond as quickly as possible to any request or complaint. You can contact us: by chat here; or see the FAQ here.ARTICLE 12 :RULES GOVERNING THESE TERMS
Governing law and jurisdiction
These Terms are governed by and construed in accordance with French law, subject to the mandatory consumer law provisions of the Customer's country of residence where the Customer is a consumer, which prevail where expressly and mandatorily applicable.The Customer acknowledges that the transactions covered by these Terms may be carried out on a cross-border basis and that the Products are sold from, and shipped from, a country other than their delivery or billing country. This cross-border nature may render certain provisions of their country's consumer law inapplicable.
In the event of a dispute, and subject to the special jurisdiction rules applicable where the consumer is the claimant, the French courts of the place of AGATHA's registered office shall have jurisdiction over any dispute relating to the Terms and the sale of the Products. AGATHA and the Customer undertake to seek an amicable solution before any legal action.
Mediation and amicable dispute resolution
In accordance with Articles L. 612-1 et seq. of the French Consumer Code, any consumer residing in France may refer a dispute with AGATHA that has not been resolved to a mediator, free of charge, for amicable settlement. The mediator appointed by the watchmaking-jewellery sector is the Centre de médiation de la consommation de conciliateurs de justice (CM2C). The Customer must first send a written complaint to AGATHA; if the matter is not resolved within one month, the Customer may refer it to the CM2C electronically or by post at: CM2C, 49 rue de Ponthieu, 75008 Paris, or by telephone at 01 89 47 00 14, under the usual admissibility conditions (prior complaint, non-abusive request, dispute not already examined, referral within one year of the written complaint). Consumers residing outside France are invited to consult the online consumer dispute resolution or mediation schemes available in their country of residence, referred to where applicable in Appendix I.Tracking interactions with communications
When the Customer subscribes to or interacts with AGATHA's communications, certain data relating to this engagement may be collected in order to measure the effectiveness of campaigns and improve services: email address, subscription source, date and time of subscription, email opens, link clicks, and associated technical information (IP address, device or browser type) where technically available.This processing is based on AGATHA's legitimate interest in analysing and optimising its communications and, where required by applicable regulations, on the Customer's consent. Data is kept for a period proportionate to its purpose, unless otherwise required by law. The Customer may object to this tracking or withdraw their consent at any time by contacting here or by using the unsubscribe mechanisms provided in the communications.
ARTICLE 13 : MISCELLANEOUS PROVISIONS
Communications relating to Global-e are made in English and electronically; for any question relating to an order, the Customer is invited to contact AGATHA directly (link available on the Site or in transactional emails); for any question relating to Global-e, the Customer may visit here or contact the applicable sales address.The fact that AGATHA does not exercise a right does not constitute a waiver of the right to invoke it later. Article headings are for information purposes only and have no binding value. AGATHA may assign these Terms, in whole or in part, without the Customer's consent, without this affecting the Customer's rights and obligations. Third parties who are not parties to these Terms may not rely on them, unless expressly stated otherwise.
If any clause of these Terms is found to be invalid or unenforceable, it will be applied to the maximum extent permitted by applicable law, the parties agreeing to replace it with a lawful clause reflecting as closely as possible the parties' original intent; the other provisions will remain fully applicable.
The Site and the checkout process may contain links to third-party services or sites not controlled by AGATHA or Global-e, whose content and practices are not the responsibility of AGATHA or Global-e; the Customer is invited to review the terms and privacy policies of these third-party services.
ARTICLE 14 : APPENDIX I: RIGHT OF WITHDRAWAL FOR CONSUMERS IN THE EUROPEAN UNION, THE EEA AND THE UNITED KINGDOM
This appendix applies where the Customer is a consumer within the meaning of Article L. 221-1 of the French Consumer Code or an equivalent provision of their national law, i.e. any contract concluded between a professional and a consumer, within the framework of an organised distance selling system, without the simultaneous physical presence of the parties.The Customer has a period of 14 (fourteen) days from receipt of the Product to exercise their right of withdrawal, without having to give any reason or bear any penalty other than the return shipping costs. This period runs until the date the return parcel is shipped.
To exercise this right, the Customer must include in the parcel the return form previously completed via their customer account (“My Orders” section > Return request). No return can be accepted without this duly completed form. Products must be returned in their original packaging or equivalent packaging, with labels and accessories, using the carrier of their choice, with return shipping costs payable by the Customer, within 14 days, the postmark of the Post Office or carrier being conclusive evidence of the date.
Where the withdrawal relates to the entire order, the original delivery charges are refunded. The amounts paid are refunded in full even where the returned Product shows deterioration resulting from handling beyond what is necessary to establish the nature of the Product, subject to applicable mandatory local provisions. In the event of a partial return, AGATHA refunds the Customer to the extent of the value of the returned Product(s).