GENERAL TERMS AND CONDITIONS OF SALE
Updated on 01/11/2021
The present General Terms and Conditions of Sale (hereinafter referred to as the "GTC") dated and applicable as of July 14, 2019, govern the entire retail distance selling activities of AGATHA, a simplified joint stock company under French law with a capital of 2,000. 2,000,000, registered in the Paris (France) Trade and Companies Register under number 828 378 570, whose registered office is located at 37 rue de Liège, 75008 Paris (France), represented by Mr Romain Peninque in his capacity as Manager of Renaissance SARL, a legal entity and President of AGATHA.
The GTC govern, notwithstanding any unilateral stipulation or reservation, any relationship between AGATHA and :
each of its prospective customers or consumer clients using the Site as defined below (hereinafter referred to as the "Customer"), in particular on the occasion of any distance selling of any Agatha product (hereinafter referred to as the "Product"),
any user of the site whose url address is www.agatha.fr (referred to as the "Site"), including any Internet user accessing the Site in any capacity or for any reason whatsoever (hereafter referred to as the "User").
The website is published in French and English. One of these languages chosen by the client is used during the pre-contractual relationship as well as for the conclusion of the contract.
As the GTC are subject to change at any time, without prior notice, the Customer is invited to read them carefully before each order and the User at each visit.
ARTICLE 1: CONCLUSION AND PERFORMANCE OF THE CONTRACT
Offer and acceptance
Placing an order
The Customer completes the order by completing the following 5 steps
Step 1: the Customer selects the products chosen and adds them to his/her basket after having selected the size and colour desired.
The basket located at the top right of the screen informs the Customer that the selections have been taken into account by indicating the number of products it contains.
Step 2: the Customer checks the contents of his/her basket by clicking on "order" in order to have access to the summary of his/her order. The Customer can then modify his/her order (Product, size, quantity).
The total amount of the order, distinguishing on the one hand the price due for the products, and on the other hand the delivery costs, is then indicated in the summary. This amount includes all French taxes, or if applicable, including the value added tax (VAT) of the European Union Member State to which the products are delivered, and in any case excluding any customs clearance fees and duties,
Step 3: Once the order has been checked and, if necessary, modified, the Customer validates his basket in order to finalise his order by clicking again on "order". If the Customer has a benefit code, he/she must enter it in the space provided for this purpose in order to benefit from it.
Step 4: Entry of delivery and billing details by the Customer
The fields marked with an asterisk (*) are compulsory; it is specified that unless the Customer indicates otherwise, the billing address will automatically be the same as the delivery address.
If the Customer has already placed an order on the site, he/she has a customer account. In this case, the Customer will only identify himself with his e-mail address and password. If the Customer does not have a customer account, he/she may create a customer account.
The Customer then checks all the information and clicks on "validate" to proceed with the order.
Step 5: Entering bank details
The Customer will then access the secure payment screen as specified in article 4.3 below.
Payment is made online by credit card or via Paypal and Amex.
The Customer must enter his/her bank card number, its date of validity and the 3 numbers of the visual cryptogram on the back of his/her card, it being specified that in the case of payment by American Express card, the Customer must provide 4 digits.
If the payment is accepted, the Customer will be redirected to an order confirmation screen on the site.
If the payment fails, the Customer will then be invited to contact customer service to find out the reasons for this and to find a solution together to finalise the Customer's order.
As soon as the Customer's payment has been accepted, the Customer will receive an e-mail confirming the order, summarising all the items ordered and the delivery address.
The validation of the order by the Customer and the confirmation of the order sent to the Customer by e-mail following the acceptance of the payment constitute the conclusion of a sales contract between the parties and acceptance of the general sales conditions.
The Customer who has placed an order will be able to print his invoice by logging on to the site in the order tracking area provided for this purpose.
AGATHA reserves the right not to validate the order in case of :
abnormal or abusive claims,
• abnormal orders in relation to the quantities ordered,
• abnormal or abusive exchanges and returns,
• existing dispute(s) with the client.
AGATHA's customer service department undertakes to respond as quickly as possible to any order or complaint received. Customer service answers calls and letters in English or French. The Customer is requested to use one of these languages in any communication. The after-sales service can be reached on working days at AGATHA's head office :
- 24 hours a day by e-mail to email@example.com
- Monday to Thursday from 10:00 to 12:30 / 14:00 to 17:00 and Friday from 10:00 to 12:00 (Paris time): by phone at +331 53 56 72 00
The price of the products purchased is payable in full on the day the order is placed by the Customer. Prices may be modified at any time. However, no modification will have any effect on orders for which a shipping confirmation has already been sent.
In order to proceed with the payment, you will have to follow the different steps of the purchase process, indicating or verifying the information required at each step.
During the purchase process, you always have the possibility to change your order details before proceeding to payment. The purchasing process is explained in detail in our "My order" purchasing guide. In addition, if you are registered as a user in our system, all the details of the orders you have placed with us are available in the "My Account" section. ».
Payment is made online by credit card (Carte Bleue, Visa, Eurocard/Mastercard/ American Express) or via Paypal and American Express, at the time of validation of the order by the Customer.
The direct debit authorisation request is made at the time of order validation on the site, except in the event of server unavailability. AGATHA reserves the right to proceed with a new direct debit authorisation request in the event that the first request was not successful due to server unavailability..
In the event of non-payment, an erroneous address or any other problem on the Customer's account, AGATHA reserves the right to block the Customer's order until the problem is resolved. Indeed, credit cards are subject to validity checks and authorisation from the card issuer. If we do not receive the required payment authorisation, we will not be liable for any delay or failure to deliver the Products and we will not be able to enter into a contract with you..
Transactions carried out on the Site are secured by the payment system of the partner company, ADYEN, SAS, a simplified joint stock company with a capital of 40,000 euros, whose registered office is located at 5 rue de Rochechouart, 75009 Paris and which is registered with the Paris Trade and Companies Register under number 435 236 898.
All information exchanged to process the payment is encrypted using SSL (Secure Socket Layer). This data cannot be detected, intercepted or used by third parties. At no time does the Customer's financial data pass through AGATHA's computer system..
AGATHA checks that the connection with the Customer's browser is secure before sending the payment form to the banking institution that carries out the financial transaction.
As ADYEN is a technical service provider, it does not handle any disputes related to orders, which are handled directly by AGATHA as specified above or, if necessary, by the Customer's bank.
An invoice in electronic format will be made available to you on our website under "My Account", which you accept.
Combating credit card fraud
In the event of fraudulent use of his/her bank card on the site, the Customer is invited to contact customer service by email at firstname.lastname@example.org
The information relating to the order is subject to automated processing. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
AGATHA is the recipient of the data related to your order. The non-transmission of data related to your order prevents the completion and analysis of your transaction.
The occurrence of an unpaid order due to fraudulent use of a bank card will result in the registration of the details relating to your order associated with this unpaid order in a payment incident file. An irregular declaration or an anomaly may also be subject to specific processing.
Archiving the order
The order confirmation is recorded on AGATHA's registers, which are themselves kept on a reliable and durable medium. The Customer accepts that the order confirmation is considered as proof of the contractual relations between the Parties..
ARTICLE 2: PRICES
AGATHA is registered under the intra-community VAT number FR 87 828378570.
Any invoice shall be sent to the Customer on request.
The prices indicated on the Site are expressed by default in euros, including all French taxes, on the basis of the French value added tax (VAT) at 20%, excluding transport costs and any customs clearance costs and duties.
The Customer must fill in the delivery address of his order to know the real price, including transport costs, but excluding any customs clearance costs and duties.
The Client undertakes to comply with the applicable tax provisions and not to commit any abuse of rights, and expressly guarantees AGATHA against the possible consequences of any breach of this essential obligation.
ARTICLE 3: PRODUCTS
Key features of the products
The essential characteristics of the products are described in the sheets published on the site and are recalled in the summary of the order.
Reservation of ownership
The products shall remain the exclusive property of the company until they have been paid for in full. The company's right of resale shall also apply, where applicable, to the price or part of the price of resale of these goods, as well as to the insurance indemnity which would be subrogated to them. The client shall take all necessary measures to duly inform its creditors in due time.
ARTICLE 4: DELIVERY
Unless expressly requested by the Customer, shipping is carried out by "So Colissimo" or TNT and invoiced to the Customer (see price list)
AGATHA uses the "La Poste-Colissimo suivi" and "TNT" shipping services.
For information purposes, the average delivery time normally varies from 4 to 15 working days depending on the destination of the Products. It is possible that a parcel for a foreign country may be blocked by French customs for up to 1 month. If you have no news of your parcel within 15 days, contact customer service: email@example.com.
Unless otherwise specified prior to the conclusion of the contract, AGATHA undertakes to deliver any Product ordered on the Site within a maximum period of 30 (thirty) working days.
The provisions governing delivery are set out in Articles L.216-1 et seq. of the Consumer Code.
Article L216-6 of the Consumer Code: "I. In the event of a breach by the trader of his obligation to deliver the goods or provide the service under the conditions laid down in Article L. 216-1, the consumer may :
1° Notifying the trader of the suspension of payment of all or part of the price until the trader performs, in accordance with Articles 1219 and 1220 of the Civil Code ;
2° Rescind the contract if, after having given formal notice to the trader to make the delivery or provide the service within a reasonable additional period of time, the trader has not done so within that period.
The contract shall be deemed to be terminated on receipt by the trader of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
II.-The consumer may, however, immediately cancel the contract :
1° Where the trader refuses to deliver the goods or provide the service or where it is obvious that he will not deliver the goods or provide the service ;
2. Where the trader fails to perform his obligation to deliver the goods or provide the service on the date or at the end of the period provided for in Article L. 216-1 and this date or period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract. »
The provisions of this Article are without prejudice to the award of damages.
AGATHA delivers the Products to Metropolitan France, Europe and the USA (see list))
AGATHA will deliver orders accompanied by a delivery note within a maximum of ten (10) working days for delivery to Metropolitan France, and twelve (12) working days for delivery to other destinations, starting from the day following payment of the order.
Please note that the deadlines may be exceptionally long during busy periods.
If the delivery time is exceeded, without being justified by a case of force majeure, the Customer may request the cancellation of the sale and obtain, within a maximum period of 14 (fourteen) days, a refund of the sums paid for the sale.
Damage during transport
The Customer should only accept the package if the outer packaging shows no signs of impact or leakage. AGATHA recommends opening the package and checking the Product before signing the delivery note.
If this is not possible, the Customer is invited to express reservations about the condition of the goods by indicating on the delivery note, in particular "subject to verification of the goods in view of the poor condition of the package" and by describing the damage.
AGATHA and its transport partner assume the transport risks and will reimburse the Customer provided that the package is returned to the carrier with a letter of complaint, a copy of which must be sent to AGATHA by e-mail to AGATHA
ARTICLE 5: RECEIPT OF THE ORDER - COMPLAINTS - RETURNS
Right of withdrawal
This clause is applicable only in the case of distance selling falling within the scope of Article L. 221-1 of the French Consumer Code, i.e. any contract concluded between a trader and a consumer, within the framework of an organised system of distance selling or provision of services, without the simultaneous physical presence of the trader and the consumer, by the exclusive use of one or more techniques of distance communication until the conclusion of the contract ;
The Customer may exercise his right of withdrawal, without giving any reason, within 14 (fourteen) working days. The withdrawal period runs from the day of receipt of the Product until the date of dispatch indicated on the return package.
The right of withdrawal, if validly exercised, allows the Customer to obtain :
1) reimbursement of the order within a maximum of 14 days from receipt of the product by the AGATHA warehouses.
- In case of cancellation of the entire order, the delivery costs will be refunded.
- The reimbursement of the sums paid is total in the event that the returned product is damaged.
- In the event of a partial return of an order, AGATHA will reimburse the Customer for the value of the product(s) returned.
- For purchases in our shops and corners, on presentation of the receipt, unworn items returned in perfect condition can be the subject of a credit note or an exchange but no refund is authorised.
- Items that are on sale or on special offer cannot be returned or exchanged after 14 days.
For any return of a Product, the Customer must respect the following procedure:
• the Customer must enclose the return form, duly completed and printed using the return form accessible from the customer area - "My Orders" > Return Request. No return will be accepted without the said return form duly completed..
• The Products must be returned either in their original packaging, or in packaging that protects the product against any deterioration, with their label and any accessories that allow them to be sold again, to the following address AGATHA c/O MARTELET - BLS - WH SHERE DISTRIBUTION - ZA LES FROMENTAUX - 44140 LE BIGNON - FRANCE
• by the carrier of his choice, it being specified that he will bear the cost of returning the goods to AGATHA, known as "return costs »
• within 14 (fourteen) working days, as evidenced by the postmark or carrier's stamp
• the cost of returns will be borne by the customer.
The Customer is obliged to check the conformity of the products received in execution of his order at the time of delivery. Any anomaly concerning the delivery such as :
• damaged package,
• missing products,
• damaged products,
• If the products do not conform to the order, they must be notified within the legal timeframe following receipt of the order. This notification will be sent to AGATHA's customer service department either :
• By registered mail, by writing to the following address AGATHA - Internet Retours AGATHA - 37 Rue de Liège - 75008 - Paris -FRANCE
• By e-mail via the contact form on the website.
When the non-conformity has been established, the Customer will be offered either :
Replacement of the product(s) at the seller's expense,
• Either the reimbursement of the price of the order (price of the Products and delivery costs) as well as the cost of returning the non-compliant Product, at the latest within thirty (30) days from the date of dispatch of the notification of the confirmation of the non-compliance by the customer service department of the AGATHA company website.
In the event of a refund, the Customer will be reimbursed for all products returned in conformity, as well as for the shipping costs incurred (in the event of a full return of the order) by sending a Colissimo prepaid return label, and with the exception of taxes and customs duties paid by the Customer upon delivery. Cash on delivery returns are not accepted.
For any return of a non-conforming Product, the Customer must respect the following procedure :
• the Customer must enclose the return form, duly completed and printed using the return form accessible from the customer area - "My Orders" > Return Request. No return will be accepted without the aforementioned return form duly completed.
• The Products must be returned either in their original packaging or in packaging that protects the product against any deterioration, with their label and any accessories that allow them to be sold again, to the following address AGATHA c/O MARTELET - BLS - WH SHERE DISTRIBUTION - ZA LES FROMENTAUX - 44140 LE BIGNON - FRANCE
Follow-up of the execution of the order
The Customer can follow the execution of his order at no cost other than the normal cost of communication, by e-mail addressed to firstname.lastname@example.org or by mail addressed to AGATHA - Internet Retours AGATHA - 37 Rue de Liège - 75008 - Paris -FRANCE
ARTICLE 6: QUALITY GUARANTEE
The legal guarantee of conformity
In France, the customer benefits from the legal guarantee of conformity mentioned in articles L. 217-3 to L. 217-20 of the consumer code and that relating to defects in the thing sold, under the conditions set out in articles 1641 to 1648 and 2232 of the civil code.
In this respect, Agatha remains liable for defects in the conformity of the goods with the contract and for redhibitory defects and defects in conformity under the conditions set out in the aforementioned provisions.
In the event of a lack of conformity, the Customer may choose between repairing or replacing the Product. To report a lack of conformity, contact customer service: email@example.com.
However, AGATHA may not proceed according to the Customer's choice if this choice would result in a cost that is clearly disproportionate to the other method, given the value of the Product or the importance of the defect. AGATHA is then obliged to proceed, unless it is impossible, according to the method not chosen by the Customer.
If repair and replacement of the Product are impossible, the Customer may return the Product and have the price returned or keep the Product and have part of the price returned, in accordance with the provisions of Article L. 217-14 of the French Consumer Code.
Article L. 217-3 of the Consumer Code: "The seller shall deliver goods that comply with the contract and the criteria set out in Article L. 217-5.
He shall be liable for defects in conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from the delivery.
In the case of a contract for the sale of goods with digital elements :
1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the period of supply, the seller shall be liable for any lack of conformity of the digital content or digital service which becomes apparent within two years of delivery of the goods ;
2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any lack of conformity of the digital content or digital service which arises during the period in which it is supplied under the contract.
For such goods, the applicable period does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.
The seller shall also be liable, within the same time-limits, for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was his responsibility under the contract or was carried out under his responsibility, or where the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.
This guarantee period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.
Article L. 217-4 of the Consumer Code: "The goods conform to the contract if they meet the following criteria, where applicable :
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter ;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract ;
4° Il est mis à jour conformément au contrat. »
Article L. 217-11 of the Consumer Code: "The goods are brought into conformity at no cost to the consumer.
The consumer shall not be required to pay for the normal use he made of the replaced goods during the period before they were replaced. »
When acting under the legal guarantee of conformity, the consumer :
- has a period of two years from the date of delivery of the property to act ;
- may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-8 of the Consumer Code ;
- is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The AGATHA contractual guarantee
AGATHA ensures the perfect quality of its Products, and gives them all its care from their manufacture to their sale.
Genuine AGATHA Products are sold exclusively in AGATHA-approved sales outlets, the list and contact details of which are updated periodically, in particular on the website www.agatha-paris.com.
If, however, an AGATHA Product does not comply with AGATHA's quality standards, the Customer benefits from an international contractual guarantee for two years after purchase.
This guarantee is given directly and jointly and severally by all the above-mentioned AGATHA approved sales outlets.
The AGATHA international guarantee applies in the context of normal use. The warranty does not cover ageing, wear and tear, alteration due to the use of perfume, deterioration, breakage or loss due to accidental circumstances, third party intervention, improper use or lack of maintenance..
AGATHA's international guarantee offers an exchange for an identical item whenever possible and, failing that, for a Product of similar value.
The international warranty can be exercised at any AGATHA-approved point of sale, upon presentation of the sales receipt or the warranty certificate duly dated and stamped by the seller.
After checking the condition of the Product and the validity of the guarantee, the Product is returned to the shop against a receipt. The shop indicates the foreseeable time for repair or exchange. The repaired or replaced Product is then available in the shop where it was deposited.
At the end of the warranty period, AGATHA offers a repair service, the price list for which is available on request in the shop and on the website www.agatha-paris.com
ARTICLE 7: RULES GOVERNING THE GENERAL SALES CONDITIONS
Applicable law, disputes and challenges
The T&Cs are governed by, and applied and interpreted in accordance with, French law.
In the event of a dispute, the Parties may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method.
In the absence of an amicable settlement of their dispute, for any litigation in relation to the GTC, the Parties attribute exclusive jurisdiction to the French courts, and specifically to the courts of the city of Paris, to hear them, in all cases where the provisions in force allow it. It is expressly stipulated that this jurisdiction clause does not apply to a French consumer.
The entire agreement
The Parties expressly declare that the GTC express the entirety of their agreement with respect to its subject matter, and that it supersedes all previous agreements between them with respect to that subject matter.
Autonomy, adaptation and modification
If any provision of the GTC is invalid, the provision in question shall not be applied, but the other provisions of the GTC shall remain in force.
Computation of time limits
Time limits are calculated in accordance with Articles 640 to 642 of the French Code of Civil Procedure.