These General terms of Sales and Use (hereinafter referred to as the “GT”) shall govern all the distance retail sales of AGATHA DIFFUSION, a private company with limited liability incorporated under the laws of France, with a share capital amounting to EUR 800,000, registered with the Registrar of Companies of Bobigny (France) under number 381 041 359, with its registered office at 45 avenue Victor Hugo, Bâtiment 258 Sud in 93300 Aubervilliers (France), represented by Mr Arnaud Saint-Michel its Manager, (hereinafter referred to as “AGATHA”).
GT shall govern, notwithstanding any statement or reservation of the Client, any relationship between AGATHA and:
- any of its prospective clients or clients, consumers, using the Website defined hereafter (hereinafter the “Client”), notably in relation with the distance retail sales of any Agatha product (hereinafter the “Product”),
- any user of the website which url address is www.agatha.fr (referred to as the “Website”), including any Internet user accessing the Website on any grounds and for any reason whatsoever (hereinafter the “User”).
The GT may be amended at any time without prior notice, and therefore the Client is kindly asked to read them carefully before any order, and the User any time he accesses the Website.
1. ENTERING AND PERFORMING THE CONTRACT
1.1 Offer and Acceptance
The acceptance and the confirmation of the order are given by data capture on successive screen-pages, in English or French.
In order to submit an order, the Client shall create a client account on the Website, and in this respect particularly indicate:
- his identity (title, name, forename);
- his details (invoicing and delivery address, e-mail address, phone number).
The Products selected and the data filled by the Client appear, before the conclusion of the contract, on a recapitulative screen:
- enabling to check the detailed order and its total price,
- indicating the deadline before which AGATHA commits to deliver the Product if it is different from that indicated by article 2.4 hereafter,
- enabling to identify possible mistakes regarding the date filled by the Client and to correct them,
- setting forth expressly the firm commitment of the Client in case of confirmation and payment.
After confirmation of the Products selected and of the data filled, the Client is kindly asked to pay his order online in order to confirm it definitely, throughout a secured bank website dedicated to the payment online.
AGATHA acknowledges receipt of the orders without delay by electronic means, and specifies the e-mail address to which the Client may address any possible complaint.
The confirmation e-mail sets forth:
- the typical feature of the Products,
- the price all French tax included or, when applicable, including the Value Added Tax (VAT) of the State Member of the European Union where the Products are delivered, and in any case possible costs and taxes of customs clearance excluded,
- the transportation costs,
- the Client’s right of withdrawal and how he may exercise it,
- the after-sales service and the commercial guarantees.
1.2 Right of Withdrawal
This article 1.2 herein is applicable only in case of distance sale falling into the scope of application of Article L. 121-16 of the French Consumer Code, that is to say in case of a sale of good concluded between AGATHA and a consumer, without the simultaneous physical appearance of the parties, who are using, for the purposes of concluding this contract, exclusively one or several distance communication devices.
The Client may exercise his right of withdrawal, without motivation, within a (7) seven-weekday period as from the receipt of the Product by sending it back in its original packaging.
The withdrawal period begins as from the date of receipt of the Product and terminates upon the date of shipping indicated on the returned parcel.
The Client shall send back the Product to AGATHA:
- exclusively to the address AGATHA, BP 40304, Aubervilliers, 93534 LA PLAINE SAINT DENIS CEDEX - FRANCE (phone: +331 53 56 72 00);
- by the carrier of his choice, it being specified that he shall bear the returning charges;
- within a (7) seven-weekday period, as attested by the date postmarked by the post office or by the carrier;
- Enclosing the delivery form and the customs documents if any.
The right of withdrawal, if validly exercised, empowers the Client to obtain the reimbursement of his order within a thirty-day period at the latest.
In case of partial return of an order or damage to any Product returned, AGATHA reimburses the Client up to the value of the Product or of the Products returned. Our parfums can't be returned and refund.
1.3 Monitoring of Order’s Execution
The Client may follow-up the execution of his order without any other cost than the usual cost of communication, by e-mail sent to firstname.lastname@example.org or by letter sent to AGATHA, BP 40304, Aubervilliers, 93534 LA PLAINE SAINT DENIS CEDEX – FRANCE.
1.4 After-sales Service
AGATHA commits to answer as quickly as possible, and at the latest within 15 (fifteen) days, to any order or complaint reaching it.
The after-sales service answers the calls and mails in English or French. The Client is kindly asked to use one of these languages in any communication whatsoever.
The after-sales service may be reached, on the working days at AGATHA’s registered office:
- 24 hours a day: by e-mail sent to email@example.com- or by fax to +331 53 56 72 19
- on Monday to Thursday from 9.00 am to 5.00 pm and on Friday from 10:00 am to 12:00 pm (Paris time): by phoning to +331 53 56 72 14.
2. RATES, PAYMENT AND DELIVERY
AGATHA is registered under the intracommunity VAT number: FR 41 381 041 359.
All invoices are sent to the Client with the Product.
2.1 Price List
The prices indicated on the Website are expressed by default in Euros all French taxes included, based on the French Value Added Tax (VAT) amounting to 19.6%, transportation costs excluded and possible costs and taxes of customs clearance excluded.
The Client shall fill in the delivery address in order to be provided with the actual price of his order, transportation costs included, but possible costs and taxes of customs clearance excluded.
The Client shall observe the applicable tax provisions, and refrain from any abuse of rights, and guarantees expressly AGATHA against any possible consequences resulting from any breach of this essential obligation.
2.2 Dispatch Costs
Except express request of the Client, the dispatch is performed by “followed colissimo” or Fedex and passed on to the Client.
The payment is immediate by banker’s card.
2.4 Delivery’s Delay
AGATHA uses “La Poste - followed Colissimo” dispatch services for France, and Colissimo international for other countries. For information only, the average delivery period normally varies from 3 to 15 weekdays depending on the destination of the Products.
Except specific notice prior to the conclusion of the contract, AGATHA commits to deliver any Product ordered from the Website within a maximum of 30 (thirty) weekdays.
Except in case of force majeure, if the Products are not delivered within this period, the Client may request to declare the sale void, in accordance with article L. 121-20-3 and L. 114-1 paragraphs 2 and 3 of the French Consumption Code.
2.5 Damages during Shipment
The Client shall accept the parcel only if the external packaging does not present any mark of bump or leak. AGATHA recommends to open the parcel and check the Product before signing the carrier’s receipt.
If it is not possible, the Client is kindly asked to express reservations relating to the state of the goods by indicating on the carrier’s receipt notably “subject to checking the goods taken into account the bad state of the parcel” and describing the damages.
AGATHA and the carrier partner shall bear the shipment’s risk and shall reimburse the Client provided that the package is returned to the carrier together with a motivated letter of complaint, a copy of which letter of complaint shall be provided to AGATHA by fax (+331 53 56 72 19) or e-mail (firstname.lastname@example.org).
3. QUALITY GUARANTEE
3.1 Agatha’s International Guarantee
AGATHA attends to the perfect quality of its Products, and takes great care of them from manufacturing to sale.
Genuine AGATHA Products are sold exclusively in the authorized shops operating under its brand, the list and contact details of which is regularly updated in AGATHA’s booklet as well as on the Internet Website www.agatha.fr.
Nevertheless, if a an AGATHA Product does not comply with AGATHA’s quality standards, the Client benefits from an international contractual guarantee during the two years following his purchase.
This guarantee is granted directly and jointly by all the authorized abovementioned AGATHA sales outlet.
The AGATHA guarantee applies in case of normal use of the Product. Are excluded from the guarantee the ageing, the wear and the deterioration due to the use of a perfume, as well as the deterioration, damage or loss resulting from accidental circumstances, the intervention of third parties, a misuse or a lack of maintenance.
The AGATHA international guarantee includes the gratuitous repair of the Product at stake, spare parts and labour included, while stocks last, or if the Product cannot be repaired, its replacement by an identical Product any time it is possible and, failing to do so, its replacement by a Product of a similar value.
The international guarantee may be exercised nearby any authorized AGATHA sales outlet, by presenting the sales receipt or the guarantee certificate duly dated and stamped by the seller.
After verification of the state of the Product and of the validity of the guarantee, the Product is deposited in the store against receipt. The store specifies the foreseeable period of repair or exchange. The product repaired or replaced is then available in the store where it was deposited.
At the expiry of the guarantee period, AGATHA offers a repair service which price list is available on demand in store and on the Internet Website www.agatha.fr.
3.2 Legal Guarantee
Apart from Agatha’s International Guarantee, the Client benefits, in France, from the legal guarantee pursuant to articles 1641 to 1649 of the French Civil code and L. 211-4 and followings of the French Consumer Code.
In this respect, AGATHA is responsible of the lack of conformity of the good with the contract and of the redhibitory vices in accordance with the provisions abovementioned.
In case of lack of conformity, the Client shall choose between repair and replacement of the Product.
AGATHA may nevertheless elect not to proceed in accordance with the Client's choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the Product or the seriousness of the defect. AGATHA is then required to proceed with the option not chosen by the Client, unless it proves impossible.
If neither repair nor replacement of the Product is possible, the Client may return the Product and obtain reimbursement of the price or keep the Product and obtain reimbursement of a portion of the price, in accordance with the provisions of article L. 211-10 of the French Consumer Code.
The provisions stated by article L. 211-15 3rd paragraph of the French Consumer Code are reproduced hereafter.
Article L. 211-4 of the French Consumer Code:
“The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility”.
Article L. 211-5 of the French Consumer Code
“To conform to the contract, the product shall:
1° Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, by the producer or his representative, including notably advertising and labelling;
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the purchaser which was made known to the seller and which the latter agreed to”.
Article L. 211-12 of the French Consumer Code:
“The action resulting from lack of conformity lapses two years after delivery of the product”.
Article 1641 of the French Civil Code:
“A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them”.
Article 1648 1st paragraph of the French Civil Code:
“The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice”.
4. USE OF THE WEBSITE
4.1 Legal Notice
The website is published by AGATHA.
Manager of the publication: Diego Giacomini.
- phone : +331 53 56 72 00 (local call rate)
- E-mail : email@example.com
- Site : www.agathaparis.com
The website is hosted by Google Society, 8 Londres street 75009 Paris France
Phone : +331 42 68 53 00
The website is composed of the infrastructure, including the computer code, and its content, notably texts, sounds, fixed or lived images, video and data base.
AGATHA cannot be held responsible for direct or indirect damages, losses or costs, resulting from the use of the Website, or of the impossibility to use it, or of a bad functioning, of an interruption for a handling cause or for any other cause whatsoever, of a virus, or also of a connection, line or system problem.
4.4 Website’s Content
AGATHA makes its best efforts to ascertain that the accessible information through its website is accurate. However, AGATHA does not guarantee in any way that these pieces of information are accurate, complete and updated.
In any case, AGATHA may not be held responsible for any direct or indirect damage, of any nature or kind whatsoever, arising in connection with the Website’s use.
Information on the Website and pictures or representations are provided for information only and neither their content nor their correctness may be guaranteed. AGATHA is not contractually bound by said information. AGATHA refuses any responsibility whatsoever for the decisions which may be taken based on said information.
The content of the Website may be modified without prior notice.
AGATHA refuses any responsibility whatsoever in relation with the content of the other websites towards which links exist. The access to websites linked to the Website is at the User’s own risk.
AGATHA also refuses any responsibility whatsoever in relation with any information and content of websites having links referring to the Website.
4.6 Intellectual Property
The Website and each and any of its components belong exclusively to AGATHA and its partners. AGATHA alone is authorized to use all intellectual property rights relating to it, particularly brands, drawings and models, logos, graphics, pictures, animations, videos, texts, copyrights and image rights, by original title or by the effect of an express authorization.
Any broadcasting, reproduction, representation, or adaptation, in all or part, of the website or its components is forbidden as well also as their distortion.
The utilisation rights granted by AGATHA to the User of the Website are limited to his private and personal use. Any other use by the User is forbidden without the express and written authorization of AGATHA.
The User commits himself to refrain from modifying, copying, reproducing, downloading, diffusing, transferring, exploiting and/or distributing in any manner whatsoever any component of the Website, including but not limited to the computer codes.
All brands referred to or used on the Website are the exclusive property of their respective owners.
4.7 Privacy Protection
The Website complies with the most demanding European and French regulations relating to the protection of privacy and personal data, and notably with law n° 78-17 dated 6 January 1978 related to computing, data files and freedoms, amended by law n° 2004-801 dated 6 August 2004 integrating in French law the Directive 95/46/EC dated 24 October 1995 relating to the personal data protection and privacy in the European Union, and with law n° 2004-575 dated 21 June 2004 entitled “trust in digital technology economy” transposing in French law the directive 2000/31/EC dated 8 June 2000 relating to electronic trade and the directive 2002/58/CE dated 12 July 2002 relating to the protection of private data and privacy in electronic communications.
The site is the object of a statement nearby the “Commission Nationale de l’Informatique et des Libertés“ (CNIL), registerted under number 1288345.
4.8 Personal Data
In certain circumstances, the User provides personal information relating to him.
Said data are automatically processed and are intended to AGATHA and its partners.
Several pieces of information are required in order to access to the service or proceed to the operation wanted.
In accordance with the law dated 6 January 1978 modified abovementioned, the User may exercise nearby AGATHA the right of accessing, amending or cancelling relating to his personal data, by sending an e-mail to firstname.lastname@example.org or bysending a letter to the following address: AGATHA, BP 40304, Aubervilliers, 93534 LA PLAINE SAINT DENIS CEDEX – France.
Said information is used in order to provide the service requested, display a personalized content, make a commercial offer on the products and services of AGATHA and its partners.
Personal data collected will in no circumstances whatsoever be rent, sell or lend to a third party without preliminary information of the User. Any transfer or provision of data may take place only in case the User has previously authorized it or in case the User has not opposed it.
AGATHA attends to securing the data which are stocked in a secured hosting centre.
4.9 Non Personal Information
Are also collected non personal information (for instance country, time of connection, browsing on the Website) in order to know how the User has accessed the Website and how the User uses it, as well as technical information (for instance type of Internet browser used, type of operating system used, supplier of Internet access, pages visited, IP address of the computer used).
Said non personal information is not intended to identify the User. It is automatically collected, when the User logs on to the Website and uses it, throughout:
- a) his IP address (Internet Protocol),
- b) possibly cookies, files transferred on the User’s computer hard disk. They allow to optimize the browse on the Website and facilitate the collect of the non personal information abovementioned.
Cookies are also used when the User accesses to private, secured or restrained areas of the Website.
If the User wishes that these cookies are not transferred on his hard disk, or if he wishes to be warned before said transfer, he may neutralize the cookies by configuring his software browser. The User has to follow the indications given by his browser in this respect.
These data are essentially intended to provide statistics relating to the browse on the Website and its use.
5. RULES GOVERNING THE GT
5.1 Law and Juridiction
The GT shall be governed by and interpreted in accordance with French law.
In case of any litigation arising in relation with the GT, the Parties hereby grant an exclusive jurisdiction to rule the case to French Courts, and specifically Paris Courts, anytime the provisions into force allow it.
In case needed, it is expressly stated that the clause conferring jurisdiction above does not apply to a French consumer.
5.2 Entirety of the Agreement
The Parties expressly state that the GT express the entirety of their agreement as regards their subject matter, and invalidate and replace any previous agreements entered into between them in relation with this subject matter.
5.3 Severability, Adaptation and Amendment
In case any provision whatsoever of the GT is deemed void, this provision shall not apply but the other provisions of the GT shall remain into force.
5.4 Notice’s computation
Notices are calculated in accordance with articles 640 and 642 of the French Code of Civil Procedure.
The GT are drafted in French and English, it being specified that the French version shall prevail in case any discrepancy between the versions or any interpretation difficulties should arise.