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Terms and Conditions of Sale

Last updated: 01/03/25

ARTICLE 1: OBJECT AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE

These terms and conditions of sale (T&Cs) govern transactions concluded between Chez Agnès, registered at Draguignan under number 94901200900047, whose main activity is the sale of second-hand clothing and accessories, located at 7 BD Du General de Gaulle, 83780 Flayosc, France, and customers (individuals or businesses) interested in purchasing items offered on the site www.chezagnes.shop, and any transaction made with Chez Agnès online and offline.

The user of the site declares being of legal age and having full legal capacity to commit to these terms and conditions of sale. When confirming the order, you acknowledge having read these terms and conditions of sale and declare that you accept them without reservation and in their entirety. The T&Cs applicable are those in effect on the day of the order. Users of this site agree that their relationship with Chez Agnès will be exclusively governed by these terms, which will prevail over any other conditions unless a prior written derogation is agreed between the two parties. If a condition is missing, it will be governed by the provisions of the French Consumer Code, relating to distance selling and online commerce. Chez Agnès may modify these terms and conditions of sale at any time. In that case, the T&Cs applicable between the user of this site and Chez Agnès will be those known and accepted at the time of acceptance and transmission of the order confirmation. These T&Cs are written in French. Only the original French version is valid and takes precedence over any translated or interpreted versions.

ARTICLE 2: AVAILABILITY AND CHARACTERISTICS OF THE ITEMS OFFERED

The items offered for sale are those listed on the www.chezagnes.shop site and subject to stock availability. The photographs of the items displayed are provided for illustration and staging purposes only. They are not contractually binding and do not replace the written and detailed description of each item. Chez Agnès specifies in each product description the most essential characteristics, when known, its condition, and any other remarks that allow the buyer to have the clearest possible idea of the selected item. Given that the items sold are second-hand goods (used), it is normal and common to find signs of wear from previous use. Any minor wear, damage, or slight defects will not justify the cancellation of the order or refusal of delivery. By accepting these terms and conditions of sale, the customer acknowledges that the items are not new. Chez Agnès will not be held responsible for this. However, in case of proven non-compliance, and after contacting Chez Agnès and confirming by email at: contact@chezagnes.shop, providing the order number and the reason for the return request, the product may be returned to Chez Agnès, and Chez Agnès will proceed with the refund (see conditions below).

ARTICLE 3: PURCHASE CONDITIONS

The buyer (or the person placing the order) declares being at least 18 years old and having the legal capacity, or holding parental authorization, to place an order on the site and send it by email. To order products on the website www.chezagnes.shop, you must contact Chez Agnès through the site's online purchase procedure. Any confirmed order constitutes express and unconditional acceptance of the prices, product descriptions, these T&Cs, and acknowledgment of having full knowledge of them, as well as the renunciation of any other considerations not agreed upon in writing by Chez Agnès. You will then proceed with full payment for the order, under the conditions set forth in these T&Cs. Upon receipt and confirmation of payment, Chez Agnès will proceed with the delivery or handover of the item according to our agreements and these T&Cs. The information you provided during the order and its acceptance is exclusively binding on you, particularly concerning delivery arrangements and any errors in your contact details. Chez Agnès will not be held responsible for the inability to deliver, potential delivery delays, or additional costs. Chez Agnès reserves the right to cancel any order from a customer with whom there has been a prior dispute related to payment for a previous order. The sale of products on www.chezagnes.shop is reserved for buyers residing in France, provided that deliveries can be made to the destination country. If you are unsure whether delivery is possible to your country, please contact us at contact@chezagnes.shop. The confirmation of the sales procedure via the site will be considered a signature and acceptance of the operations carried out and will be validated by Chez Agnès and recorded.

ARTICLE 4: PRICE

Chez Agnès reserves the right to change its prices at any time, with the understanding that the price applicable to your order will be the one indicated on the site in the product description at the time the order is recorded and confirmed, unless due to an error or technical issue, the price is abnormally low compared to the market value. Prices are displayed per unit in Euros (regardless of your billing address), including taxes, at the rate indicated on the day of the order. Prices do not include delivery costs, which vary depending on the size, weight, transport method, or destination of the purchased items. If applicable, any transport fees charged in addition to the item price will be indicated and confirmed at the time of order validation.

ARTICLE 5: PAYMENT METHODS

Payment is due immediately, and payment completion finalizes the purchase process. Otherwise, unless agreed upon by Chez Agnès, the item will be considered available for sale. Risk transfer occurs simultaneously with ownership transfer. All payments are made in euros, including taxes and other charges. Any bank fees (currency exchange fees, transfer fees, etc.) are borne by the buyer, even in the case of refunds. The user and customer of www.chezagnes.shop will settle their purchases by credit card through the secure payment system. The order will only be considered effective once the relevant payment centers have approved it. Chez Agnès will then send or hand over the goods to the carrier. If the payment is declined, the order will be automatically canceled, and you will be informed by email. Shipment will only occur once full payment for the order is confirmed. In the event of payment refusal or partial payment, the sale will be immediately rescinded. In all cases, once the buyer confirms their order, they guarantee they have the necessary authorization to proceed with payment.
Chez Agnès reserves the right to suspend or cancel any order, regardless of its nature or execution level, in case of payment default, partial payment, any payment incident, fraud, or attempted fraud regarding the use of the www.chezagnes.shop site.
As part of the fight against online fraud, order information may, if necessary, be transmitted to third parties mandated by the judicial authorities or designated by Chez Agnès solely for the purposes of verifying your identification, order validity, proposed payment method, and delivery arrangements.

ARTICLE 6: DELIVERY

Unless otherwise stated and agreed upon in advance, shipping costs, which include packaging and handling fees, are the sole responsibility of the buyer. These will be duly communicated to you. Depending on the size of the items, their weight, or their destination, orders will be shipped by any carrier with whom Chez Agnès regularly collaborates. In case of shipment through postal services or similar, the buyer will usually receive an email specifying the tracking number, allowing them to follow the shipment on the carrier's website. If special handling is required, Chez Agnès will contact the buyer to arrange the necessary conditions with a specialized carrier. The transaction will only be effective once you have accepted the transport conditions and fees and made full payment for the order, including products and shipping costs. When confirming the order, the buyer must provide Chez Agnès with their complete contact information (name, address, phone number, email, access codes, etc.), or, if applicable, the contact details of the buyer's representative receiving the goods. If there is an error in the recipient's details or any other information that is wrongly or incompletely provided, Chez Agnès will not be held responsible for the inability, delays, or other inconveniences caused by the delivery. The buyer cannot claim any compensation as a result. The buyer is asked to inform Chez Agnès of any special delivery constraints (difficult access roads, pedestrian zones, no elevator on high floors, narrow entrance doors, etc.) so that Chez Agnès can arrange the most appropriate transport and delivery conditions. For larger items (in size and weight) that require a carrier, the processing time may be longer (plus additional time due to the carrier). The buyer will be informed of the expected delivery times by Chez Agnès and/or the carrier's relevant services. Chez Agnès will provide the buyer with its contact information and the shipment reference so that the delivery can be made. The buyer will have to be available at the address indicated at the agreed-upon time. A phone number where the buyer can be reached directly will also be required. For any delay or damage during transport, the buyer will need to provide evidence to the carrier directly.

ARTICLE 7: RIGHT OF WITHDRAWAL AND RETURNS

In accordance with articles L. 121-20 and following of the French Consumer Code, and for any distance sale, the consumer has a 14-day working period, starting from the date of receipt of their purchase, to exercise their right of withdrawal, without the need to justify the reasons or pay penalties, except for the return shipping costs of the product(s).

To exercise this right of withdrawal, the buyer must send their request (along with proof of the date of receipt of the goods), their order number, and all references allowing Chez Agnès to identify the product and its purchaser by email, to the following address: contact@chezagnes.shop.

The item must be returned in the same condition as when it was originally shipped, under the best possible conditions for return transport, and in its original packaging, to the following address:

Chez Agnès
7 BD Du General de Gaulle
83780 Flayosc
France

The return method and costs are the sole responsibility of the buyer. Chez Agnès is under no obligation to organize the return of the concerned products. In any case where the shipping costs were covered by Chez Agnès, the charge will ultimately fall on the buyer in case of a return. The shipping fees previously covered by Chez Agnès will therefore be deducted from the final refund to the buyer. Upon receipt of the returned product(s), and provided they are in good condition and conforming, the full amount paid for the returned products (excluding delivery fees) will be refunded, no later than 30 days from the date the buyer exercised their right of withdrawal. The refund will be made via the same payment method used for the order. In case of poor condition or non-conformity of the products, no refund can be requested.

We recommend checking our Delivery and Returns page.

ARTICLE 8: LIMITATION OF LIABILITY

Chez Agnès is committed to taking all necessary measures to fulfill its obligations under these terms and conditions of sale. Chez Agnès cannot be held responsible to the customer for any misunderstanding or misinterpretation in its communication. Furthermore, Chez Agnès’ liability cannot be engaged if the failure to perform its obligations results from an unforeseen and insurmountable event, the intervention of a third party to the contract, or in case of force majeure or exceptional circumstances. The same applies to all inconveniences or damages inherent in the use of the internet: data loss, service interruption, external intrusion, computer viruses, and other involuntary problems. Any hyperlinks leading to other websites than www.chezagnes.shop, containing incorrect or incomplete information regarding our products, cannot hold Chez Agnès liable. The liability of Chez Agnès, in relation to the delivered products, including under applicable contractual or legal warranties, is limited to the price of the defective or non-conforming product(s); Chez Agnès cannot be held liable for compensation of indirect damages or any other harm suffered by the buyer or a third party.

ARTICLE 9: PROTECTION OF PERSONAL DATA

For more details on the protection and use of personal data, please refer to our Privacy Policy.

ARTICLE 10: NO WAIVER AND INTEGRITY OF CONTRACTUAL RELATIONS

The fact that one of the contracting parties (the Buyer, Chez Agnès) has not demanded, even temporarily, the application and execution of any of the clauses of these general terms and conditions of sale shall not be considered as a waiver of that party's rights arising from said clause.

It is agreed that the order summary provided to the buyer and these general terms and conditions of sale form a contractual set, and characterize and define the entirety of the relations agreed between Chez Agnès and its customers.

ARTICLE 11: ARCHIVING OF EVIDENCE

The computerized data or any other exchange of information between the website user and Chez Agnès, stored by us and our partners, will be considered as evidence of communications, orders, payments, and delivery arrangements concluded between the parties.

Chez Agnès will archive order forms, invoices, and other communication supports on a durable and reliable medium, constituting a faithful copy, in accordance with the provisions of Article 1358 of the French Civil Code.

ARTICLE 12: APPLICABLE LAWS AND JURISDICTION

In case of a problem or difficulties in the application of these general terms and conditions of sale, or in the settlement of disputes, Chez Agnès is at your service to find amicable solutions that respect the interests of both parties. You can always contact us by email at contact@chezagnes.shop.

If an amicable solution or mediation has not been reached, if the dispute concerns the interpretation or execution of a contractual commitment provided in our general terms and conditions of sale, and for any judicial action, including emergency procedures, interim measures, or requests, only the French courts of common law, within the jurisdiction of the Chez Agnès headquarters (Draguignan), are competent, applying French law.

These general terms and conditions of sale are subject to French Law. They apply for the entire duration of the online availability of the products and services offered by Chez Agnès on its website: www.chezagnes.shop. In the event of a change in legislation or regulation, and if one or more clauses of our general terms and conditions of sale are deemed null and void, all other clauses previously stated will not be invalidated or disregarded.

These general terms and conditions of sale are written in French. Therefore, only this original version in French is valid and prevails over any other interpreted or translated version in a foreign language.

ARTICLE 13: INTELLECTUAL PROPERTY

Unless otherwise authorized by us, this website and all its content: including texts, visuals (graphics, photos, etc.), database, including animation technology, remain the exclusive intellectual property of Chez Agnès and are protected by copyright and trademark law. Only a viewing license for personal and private use is granted, excluding any unauthorized reproduction or public dissemination. Creating a hyperlink to the www.chezagnes.shop website is only authorized to link to the homepage, unless otherwise specifically authorized by us; users of the site are not permitted to extract or use the databases used. With our agreement, any full or partial reproduction of this website and its components will be authorized provided it is accompanied by the visible mention: www.chezagnes.shop.