Terms and conditions

Terms of Sales and Credits

Credits

www.agnelle.com is hosted by OVH.

All photographs on the website are the Agnelle’s property.  For all Press requests: please contact us.

Photography: Rachelle Simoneau, Hugo Pagnier, Lucas Hass, Leila B, Studio Cuicui

Models : 

Woman: Noémie Kirscher-Perrel, Alix Grégoire, Lola Bouchared, Franny Fyne, Victoria Hernando

Man: Brian Nicklen, ‘Meme’, Antoine Drubigny

Artistic direction of the photos: Adrien Simon Poznanski

The website was developed by Agence 123, https://www.lagence123.com/

The photographs, web design and overall visual identity of the brand were created by Adrien Simon Poznanski.

PREAMBLE

The purpose of these general terms and conditions of sale (hereinafter the ‘General Terms and Conditions of Sale’) is to define the rules applicable to the sale of Agnelle branded products (hereinafter the ‘Products’) on the http://www.agnelle.com boutique website (hereinafter the "Site"),

Between: 

Agnelle, a simplified joint-stockcompany, with a capital of 464,100.00 euros, whose registered office is located at 30 Boulevard de la République – 87200 St-Junien, registered with the Trade Register and of the Limoges companies under number 440 184 281 (hereinafter "Agnelle"),

And:

Any non-trading natural person of legal age, with the legal capacity to contract, exclusively domiciled in the countries delivered by the Site (hereinafter the ‘Customer’) making a purchase of Products on the Site.

The Customer and Agnelle are collectively referred to as the "Parties" and individually referred to as the "Party".

Any order for a Product offered on the Site implies the Customer's full and complete acceptance of the General Terms and Conditions of Sale in force at the time the order is placed. Agnelle reserves the right to modify the General Terms and Conditions of Sale at any time by publishing a new version on the Site.

ARTICLE 1. PURPOSE

The General Terms and Conditions of Sale define the terms and conditions of sale of the Products by Agnelle to the Customer, as well as the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.

The descriptions of the Products on the French version of the Site are available in French and English.

Similarly, the General Terms and Conditions of Sale on the French version of the Site are drawn up in French and English.

ARTICLE 2. PRODUCTS

2.1 Origin of Products

Coloured lamb skins are of Italian origin.

Black lamb skins are of Portuguese and Greek origin.

Curly or double-face lamb skins come from New Zealand.

Goat leather skins come from France.

Calf skins are from Australia.

Deer skins are of American origin.

2.2 Use of fur

Agnelle only uses rabbit fur and lamb skin that has not been plucked: curly or double-sided.

2.3 Description of the Products

The Products offered for sale by Agnelle are those appearing on the website on the day of consultation by the Customer within the limits of available stocks, it being specified that the photographs illustrating the Products are not contractual. Despite all our care, some products may show slight variations in colour and/or roughness inherent in their manufacturing process or in the material used due to the nature of the Product.

Each Product has a description sheet which, in addition to the photograph, contains the price, the sizes and colours available, the composition, as well as any special characteristics.

2.4 Possible unavailability of Products

In the event that a Product is unavailable, Agnelle will inform the Customer as soon as possible by e-mail of the delivery of a partial order or the order cancellation.

This information will be provided when the order is placed or following validation of the order prior to delivery. The Customer will then have 48 working hours (excluding weekends and public holidays) to request the cancellation or dispatch under special conditions (partial delivery) of their order, by contacting Customer Services by e-mail at marlene@agnelle.com. After this 48-hour period, and if no request from the Customer has been sent to Agnelle, the partial order will be dispatched for delivery to the Customer.

Prices are indicated in euros.

The prices applied are those communicated on the website and confirmed to the Customer when the order is validated.

Browsing the various pages of the website in no way commits the Customer to placing an order.

The Customer places an order by completing the following 5 steps:

Step 1: When browsing the Site, Customers wishing to place an order may do so simply by clicking on the ‘Buy’ icon next to each item on the Site.

Buy’ icon next to each Product displayed. Choose the model, colour, size and quantity and click on ‘Buy’ again.

Step 2: Once this operation has been carried out, the Customer will see the number of items in their shopping basket displayed on the ‘Your basket’ sign.

The Customer may then continue their visit or click on the ‘Your basket’ icon to see their basket displayed on the screen, showing all the elements of the order and in particular the total amount including the nature of the Products ordered and their quantity. The Customer may return to this order, add to it, modify it or cancel it as long as it has not been validated. If the Customer wishes to choose other Product(s), he/she simply needs to click on ‘I continue shopping’, with the assurance that the Product(s) he/she has just selected is/are indeed kept in the ‘Your basket’ section.

The Customer is hereby informed that he/she may, at any time, choose to continue shopping.

Step 3: Once the selection of Products has been completed, the Customer may order them by clicking on the ‘Your basket’ icon to view their basket and then on ‘Order’.

A new web page will then open inviting the Customer to provide their contact details by filling in the form provided accurately. In particular, they undertake to provide an address to which delivery can be made during working hours from Monday to Saturday, as well as their surname(s) and first name(s).

Once the form has been fully completed, a summary of the order will appear on the screen containing all the information relating to the order, in particular the nature, quantity and price of the Products, the total amount (including transport costs) of the order, the Customer's contact details, the delivery address and the invoicing address.

Step 4: Once the Customer has checked the status of their order, they will be invited to click on the ‘Next’ button in order to validate their order. It is at this stage that the Customer must choose the carrier that suits them best.

By clicking on the ‘Next’ button, the Customer must first read the General Terms and Conditions of Sale, and then tick a box opposite the message ‘I have read the General Terms and Conditions of Sale and accept them unreservedly’.

Step 5: Once the General Terms and Conditions of Sale have been accepted, the customer must click on the means of payment that interests him/her, and thus accept the conditions of article 3.3 below. A Caisse d'Épargne web page dedicated to payment of the order will open.

The Customer will then access the secure payment screen of Agnelle's partner as specified in article 3.3 below.

Payment is made online by credit card only.

The Client must enter their bank card number, its date of validity and the 3 numbers of the visual cryptogram on the back of their card.

If payment is accepted, the Customer will be redirected to an order confirmation screen on the website.

If payment fails, the Customer will have up to 3 attempts to re-enter their bank details. After the 3rd refusal, the Customer will be redirected to a screen on the website indicating that payment has been refused. The Customer will then be invited to contact Agnelle's customer service department to find out the reasons and together find a solution to finalise the Customer's order.

The data recorded by Agnelle constitutes proof of all transactions between Agnelle and the Customer.

3.2 - Order confirmation

Once the Customer's payment has been accepted, the Customer will receive an e-mail confirming the order and summarising all the items ordered, the billing and delivery address and the delivery date.

Validation of the order by the Customer and the order confirmation sent to the Customer by e-mail by Agnelle following acceptance of payment constitute the conclusion of a sales contract between the Parties and acceptance of the General Terms and Conditions of Sale.

Customer who have placed an order may print their invoice by logging on to the website in the order tracking area provided for this purpose.

Agnelle reserves the right not to validate the order in the event of:

- Abnormal or abusive complaints,

- Abnormal orders with regard to the quantities ordered,

- Abnormal or abusive exchanges and returns,

- Existing dispute(s) with the Customer.

The Agnelle website's customer service is available to the Customer for any questions relating to their order. Customer service is available by e-mail at marlene@agnelle.com and by telephone on +33(0)5 55 02 13 53 from Monday to Friday, 10am to 12pm and 2pm to 5pm.

3.3 Payment

The price of the Products purchased is payable in cash, in full on the day the order is placed by the Client.

Payment is made online by credit card at the time of validation of the order by the Customer.

The following payment methods are accepted by Agnelle:

• Visa
• Master Card
• PayPal
• Alma

The request for authorisation to direct debit the card is made at the time of validation of the order on the Website, unless the servers are unavailable. Agnelle reserves the right to make a new request for a direct debit authorisation in the event that the first one could not be successful due to the unavailability of the servers.

In the event of a non-payment, an incorrect address or any other problem with the Customer's account, Agnelle reserves the right to block the Customer's order until the problem is solved.

Agnelle retains ownership of the Product(s) ordered until full payment of the price and its accessories, including shipping costs.

Transactions carried out on the website are secured by the SP Plus payment system of Agnelle's partner, BPCE.

A public limited company with a management and supervisory board and capital of 467,226,960 euros

R.C.S. Paris n° 493 455 042

Registered office: 50, avenue Pierre Mendès France 75201 Paris Cedex 13

Intracommunity VAT: FR 26 493455042

Telephone: +33(0)1 58 40 41 42

"more information on https://www.spplus.net/

All information exchanged to process payment is encrypted using SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by third parties. At no time do the Client's financial data pass through Agnelle's computer system.

SP Plus checks that the connection with the Client's browser is secure before sending the payment form to the banking institution that carries out the financial transaction.

As SP Plus is a technical service provider, it does not handle disputes relating to orders, which are handled directly by Agnelle as specified above or, where applicable, by the Client's bank.

3.4 Order archiving

The order confirmation is recorded on Agnelle'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 4. DELIVERY AND ACCEPTANCE

4.1 Delivery methods

Once the order has been prepared, it will be sent to the postal address provided by the Customer when placing the order on the website.

The Customer may track the progress of his/her delivery on the website by clicking on the ‘Your Account’ icon and entering the e-mail address and password provided when the order was placed.

If the Products are delivered to a collection point, the Customer is notified by e-mail and can collect the parcel during the collection point's opening hours within a fortnight.

If the Products are delivered by Colissimo, in the event of the Customer's absence, the Products will be left at the post office of the delivery address given by the Customer. In this case, the postman will leave a notice in the Customer's letterbox allowing the parcel to be collected during the post office's working hours within a period of fifteen days.

If the Products are delivered by the UPS carrier, if the Customer is absent, the carrier will leave a delivery notice in the Customer's letterbox. The Customer must then contact the carrier again to agree a new delivery date. It is nevertheless specified that if the Customer does not contact the carrier again, the carrier will carry out two new delivery attempts, the date and time of which will be determined at the carrier's discretion.

In the event that the Customer receives a damaged package or a package with a certain amount of damage that has marred the Product ordered, the Customer is invited to inform Agnelle as soon as possible in accordance with the conditions set out in article 4.4.

4.2. Delivery times

The Products purchased will be sent by the usual postal services or carriers who undertake to deliver the packages within the following average times:

- Standard: 2 to 5 working days from dispatch;

- UPS Express: 1 to 2 working days from dispatch;

- Sundays and public holidays are not considered to be working days.

In any event, and in accordance with the provisions of article L. 121-20-3 of the French Consumer Code, the order will be fulfilled within a maximum of thirty (30) days from the day following the day on which the Customer validates his/her order, subject to full payment of the price.

If the order has not been delivered by the end of this period, the Customer will have the option of cancelling the order under the conditions set out in article 4.3 below.

The sums paid by the Customer will then be refunded, to the exclusion of any other compensation.

4.3. Late delivery

If the maximum delivery period of fifteen (15) days is exceeded and the Product(s) ordered have not yet been dispatched, the Customer may exercise its right to cancel the order either by sending an e-mail to Agnelle's Customer Service at the following address marlene@agnelle.com or by sending a registered letter with acknowledgement of receipt to the following address:

SAS AGNELLE
30 bld de la République
BP 62
87202 SAINT-JUNIEN CEDEX

Once the right to cancel has been exercised, Agnelle will make a refund to the bank account debited at the time of the order as soon as possible, to the exclusion of any other compensation. 

In the event of partial delivery, delivery may be made in several instalments, and this right will only apply to the undelivered balance of the order.

Any delay in delivery must be reported as soon as possible by the Customer by e-mail to marlene@agnelle.com, so that Agnelle can make enquiries with the postal services or the carrier. The Customer must be informed that the time taken to carry out an enquiry is random, as Agnelle has no control over carrying it out. If the parcel is found during this investigation, it will immediately be redirected to the place of delivery designated on the website by the Customer.

Nevertheless, if at the end of this investigation it is confirmed that the parcel containing the Product(s) has been lost, Agnelle will, at its own expense, reship the Product(s) to the Customer or, in the event of definitive unavailability, reimburse the Customer, to the bank account debited at the time of the order, for the sums collected in accordance with the terms of these General Terms and Conditions of Sale.

4.4. Reception

Agnelle remains responsible to the Customer for the Product(s) until they are delivered to the Customer by the carrier. The transfer of the risks of loss and deterioration of the Products takes place after delivery and receipt of the Products by the Customer.

It is the Customer's responsibility to check the conformity and integrity of the Product(s) dispatched immediately upon receipt.

In the event of delay, breakage or shortage, the Customer must express complete and precise reservations on the delivery note. In any event, the Customer may only take recourse against the carrier, to whom he must express his reservations. In accordance with article L.133-3 of the French Commercial Code, any reservations must be confirmed by registered letter to the carrier within three (3) days of receipt.

Any such reservations must also be notified to Agnelle's Customer Service Department within the same timeframe and in the same form at the following address: marlene@agnelle.com

A copy of the complaint sent to the carrier must be attached.

Any claim made after this deadline or without complying with the required form shall be rejected and Agnelle shall be released from all liability.

ARTICLE 5. RIGHT OF WITHDRAWAL

In accordance with the provisions of article L.221-18 of the French Consumer Code, and notwithstanding any provisions contained herein, the Customer has a cooling-off period of fourteen (14) working days from the date of delivery of the Products to return, at his/her own expense, any Product(s) ordered with which he/she is not satisfied.

For any return of Product(s) in the context of exercising the right of withdrawal, the procedure must be followed in full:

Firstly, the Customer must go to their personal area of the online shop and fill in the ‘Return of goods’ form for the order concerned, not forgetting to tick the product(s) to be returned and to specify the reason(s) for the return.

The Customer must then send the product(s) concerned and attach the returns label, which can be printed out in their personal space, under the heading ‘Product returns’.

No returns will be accepted:

- Without the return label,

- If the Product is not in perfect condition and in its original packaging,

- To an address other than this one:

Agnelle
30 bld de la République
BP 62 
87202 SAINT-JUNIEN CEDEX

The Customer acknowledges that any returned Product that has clearly been used for a prolonged period, not necessary for the sole purpose of testing the Product, or in a condition that does not allow it to be resold, may not give rise to the application of these provisions.

Agnelle undertakes to reimburse the Customer, to the bank account debited at the time of the order, within a maximum of fifteen (15) days from the return request, subject to compliance with the above-mentioned conditions. The return of Products will give rise to a refund equal to the total amount paid by the Customer, i.e. the purchase price of the Product and delivery costs (excluding return costs).

The Customer remains responsible to Agnelle for the Product(s) until delivery by the carrier.

ARTICLE 6. PRODUCT CONFORMITY AND WARRANTIES

The Product(s) are subject to the warranty conditions stipulated by French law, namely:

Article L. 211-4 of the French Consumer Code: "The seller is obliged to deliver goods that conform and is liable for any defects in conformity that exist at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility".

Article L. 211-5 of the French Consumer Code: "To be in conformity with the contract, the goods must :

1º Be fit for the use normally expected of similar goods and, where applicable :

Correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model,

- Present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;

2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter".

Article L. 211-12 of the French Consumer Code: ‘Action resulting from a lack of conformity shall be barred after two years from delivery of the goods’.

Article 1641 of the French Civil Code: ‘The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them’.

Article 1648 first paragraph of the Civil Code: ‘The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect’.

The General Terms and Conditions of Sale shall not have the object or effect of depriving consumers in the European Union of the mandatory legal provisions laid down by the legislation of their own country. If one of the provisions of the present conditions were to prove contrary to a mandatory rule of law from which the Customer could benefit under its national legislation, this provision would not be applicable to this Customer, all other provisions remaining valid.

GUARANTEE AND RIGHT TO RETURN THE PRODUCT (HIDDEN DEFECT OR FAULT)

You benefit from the legal guarantee of conformity and therefore from the application of article L211-4 of the Consumer Code, which states that:

"The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.

‘He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility’.

The guarantee applies to our [new / used] products that are defective (lack of functionality, product unsuitable for the use you would expect, lack of the characteristics presented online, partial or total malfunction of the product, product breakdown), even if there is no contractual guarantee.

A lack of conformity may appear up to 1 month after the transaction. It is presumed to exist on the date of delivery of the goods, and you do not have to prove the existence of the lack of conformity.

In the event of a lack of conformity, we undertake to:

Replace the product;

Repair the product within 30 days and free of charge.

In the event of failure to fulfil our obligation or in the event of a major defect, we undertake to refund you the full price paid or part of the price if you wish to keep the product.

The presumption of lack of conformity no longer applies if it appears after 1 month following the sale. You must prove that our product is defective.

In the event of a hidden defect in your product, you benefit from the legal guarantee against hidden defects set out in articles 1641 to 1649 of the French Civil Code. This applies to all our products [new / used]. This guarantee applies when the defect renders the product unfit for use or reduces its use to such an extent that you would not have bought it or would have paid less for it. The guarantee against hidden defects only applies when the defect predates the sale.

In the event of a defect, we undertake to replace your product or reimburse you as soon as possible.

ARTICLE 7. RECEIPT OF THE ORDER - COMPLAINTS - RETURN OF PRODUCTS

The Customer is obliged to check the conformity of the Products received in fulfilment of his/her order at the time of delivery.

Any anomaly noted on delivery such as:

Damaged Products,

Missing Products,

Products that do not conform to the order

Must be notified within 15 working days of receipt of the order to the following address:

E-mail: marlene@agnelle.com

Tel: +33 (0)5 55 02 13 53

Products must be returned in their original packaging with a copy of the invoice to the following address:

SAS AGNELLE
30 bld de la République
BP 62
87202 SAINT-JUNIEN CEDEX

Agnelle does not accept parcels sent carriage forward.

All risks and perils of the Product(s) associated with their return shall be borne by the Customer.

On receipt of the allegedly non-compliant Product(s), Agnelle will check the Product(s) as soon as possible. If the non-compliant nature of the Product(s) is confirmed, Agnelle undertakes to reimburse the Customer, to the bank account debited at the time of the order, within a maximum of fifteen (15) days from the request for return, subject to compliance with the conditions mentioned above.

The Customer also has the option, rather than requesting reimbursement for the Product, subject to the availability of Products in stock, of asking Agnelle to deliver a Product identical to the one ordered, or a Product of equivalent quality and price.

ARTICLE 8. LIABILITY

Agnelle has only an obligation of means, for all stages of access to the website, for the order process, for delivery and for any subsequent services. Agnelle may not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of a computer virus.

However, in the event that the Customer observes a difficulty when consulting the website, ordering or delivering Products, Agnelle undertakes to do its utmost to enable the Customer to contact Agnelle in order to explain its complaints and needs.

Without limiting the scope of the preceding provisions, Agnelle's liability hereunder shall not exceed a sum equal to the sums paid or payable at the time of the order giving rise to said liability, regardless of the cause or form of the action concerned.

Agnelle shall not be held liable for failure to perform its obligations if such failure was caused by force majeure.

ARTICLE 9. LEGAL NOTICES AND LEGAL CLAUSES

9.1 Data processing and liberties

The personal information collected in the context of distance selling is compulsory, as this information is necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential. It will only be used by Agnelle or its subcontractors, who are subject to the same obligations, to process orders. Failure to provide this information will result in automatic rejection of the order.

In accordance with Act no. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, the processing of personal information collected on the Site has been declared to the Commission Nationale de l'Informatique et des Libertés. The Customer has the right to access, modify, rectify and delete any personal information collected by Agnelle.

To exercise this right, the Customer may, at his option, send an e-mail in advance: marlene@agnelle.com

The Customer may receive information e-mails from Agnelle regarding Agnelle's products and activities. The Customer retains the right to refuse such communication at a later date: either by not giving their consent at the time the order is validated, or by expressing their refusal by e-mail to marlene@agnelle.com or by post: 

SAS AGNELLE
30 Bld de la République
BP 62
87202 SAINT-JUNIEN CEDEX

Neither Party may be held responsible for the total or partial non-performance of its obligations, if this non-performance is due to a fortuitous event or to the occurrence of an element constituting force majeure, such as in particular, flood, fire, storm, shortage of raw materials, transport strike, partial or total strike or lock-out. The Party affected by such events must inform the other Party as soon as possible and at the latest within five (5) working days of the occurrence of the event.

The Parties agree that they must consult each other as soon as possible in order to determine together how the order will be carried out during the period of force majeure.

If the case of force majeure lasts longer than one (1) month, Agnelle may choose not to fulfill the order, in which case Agnelle will refund the Customer, if applicable, for any amounts paid in relation to the concerned order.

9.3 Partial Invalidity

If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision by a competent court, the other provisions shall retain their full force and effect.

9.4 No Waiver

The fact that one of the Parties has not required the application of any clause of these General Terms and Conditions of Sale, whether permanently or temporarily, shall in no way be considered as a waiver of the rights of that Party arising from said clause.

9.5 Heading

In the event of any difficulty in interpreting any of the titles of the articles and chapters and any of the clauses, the titles shall be deemed non-existent.

9.6 Entire Agreement

These General Terms and Conditions of Sale and the order confirmation sent to the Client constitute a contractual whole and represent the entirety of the contractual relationship between the Parties.

Pursuant to articles 1316 et seq. of the Civil Code, and, where applicable, article L.110-3 of the Commercial Code, the information provided by the Website is binding between the Parties. Elements such as the time of receipt or transmission, as well as the quality of the data received, shall be given priority as they appear in Agnelle’s information systems, or as authenticated by Agnelle’s computerized procedures, unless proven otherwise in writing by the Client. The evidential value of the information provided by Agnelle’s computer systems is that accorded to an original within the meaning of a paper document, handwritten and signed.

9.7 Applicable Law - Disputes

These General Terms and Conditions of Sale, the order, and all acts arising therefrom are governed by French law. In the event of a dispute and failing an amicable resolution, only the French courts shall have jurisdiction.

CONSUMER MEDIATION SERVICE:

Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L641-1 and R612-1 to R616-2 of the Consumer Code.

In the event of an unresolved dispute between the Professional and the Consumer, the consumer may refer the matter to the consumer mediator.

Before referring the matter to the consumer mediator, the consumer must have already attempted to resolve the dispute directly with the professional through a written complaint or by making a complaint in accordance with the terms of the contract concluded with the professional.

Consumer mediation is an out-of-court settlement of consumer disputes.

If the conditions are met, consumer mediation will take place according to a precise process and in accordance with the applicable regulations.

The procedure is free of charge for the consumer (R612-1 of the Consumer Code).

TO REFER TO THE CONSUMER MEDIATOR:

Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L641-1 and R612-1 to R616-2 of the Consumer Code (admissibility conditions). The procedure is free for the consumer.

The consumer mediator is neutral, independent, and impartial. The mediator is not part of the company with which the consumer has a dispute.

C&C MEDIATION – Advice and Consumer Affairs
www.mediateurconso-bfc.fr