Terms and Conditions
The present document (Terms and Conditions) establishes the conditions for sales made between individuals wishing to purchase from the AGATHA TORRES website http://www.agathatorres.com, hereinafter referred to as "the customer", and AGATHA TORRES SARL., whose registered office is located at 2B rue Guillemeteau, 93220 Gagny, registered in the Bobigny Trade and Companies Register under number 523 400 117, a public limited company with registered capital of EUR 20 000, with intra-community VAT number FR 59 523400117, hereinafter referred to as "agathatorres.com". These conditions apply exclusively to non commercial individuals. Once you confirm having read these Terms and Conditions, it is considered a binding agreement. Use of the website also implies full agreement with these Terms and Conditions.
ARTICLE 1 - Champ d'application
The present Terms and Conditions of Sale apply, with no limitations or reserves, to all sales made by the AGATHA TORRES brand to private individuals, but excluding those made to professional buyers.
If you are a professional buyer, or if you are a professional of the Fashion industry, you can contact us directly on the Site to find out more regarding our terms of sale for commercial buyers.
ARTICLE 2 - Ordering
As required by French law, we advise that Minors are not authorized to place orders directly. They require authorization and should be accompanied by their parents in order to place an order.
It is the Customer's responsibility to select all the customization options from the site, from the following list of options:
- Choice of model
- Choice of material and colour
- Choice of height
- Choice of heel
- Choice of one or several removable accessories
Once you have selected your shoe options and to avoid any problems regarding shoe size:
- Measure both feet in length (at longest point) and in width (at widest point) and enter the results in the corresponding fields.
- From this data we will then calculate your shoe size which we will then ask you to approve.
- If you have any particular problems or pain with your feet … We recommend you contact us before approving your order.
- You can then approve your purchase basket by clicking "order" or continue your purchases.
- Complete the appropriate fields as requested on the customer form if you are not yet registered on the agathatorres.com site
- Complete your delivery address and preferred delivery method
- Approve the order summary
- Accept the Terms and Conditions
- Complete the payment information on the secure pages
The order is taken into account from authentication of the payment.
Agathatorres.com reserves the right to refuse or cancel any order from a customer with whom there is a dispute relating to the payment of a previous order, or who appears to present some form of risk.
All orders imply acceptance of the prices and product descriptions available at the time of sale. Agathatorres.com commits to deliver the orders received on the website subject to product availability. If one or more products ordered are not available, agathatorres.com will inform the customer as soon as possible. The customer's order will therefore be cancelled and the corresponding amount refunded.
ARTICLE 3 – Price
All product prices are given in Euros inclusive of all taxes, and include delivery charges for European countries. A contribution towards delivery costs will be requested for countries outside the European zone (see paragraph 5, Dispatch and delivery).
agathatorres.com reserves the right to modify its prices at any time without prior notice. The products will be invoiced according to the prices in effect at the time the order is completed. The products ordered will remain the property of agathatorres.com until full receipt of the payment by agathatorres.com. Payments must be made in full in one instalment.
ARTICLE 4 - Payment
Customers may pay for their purchases by Credit card: Visa, MasterCard, Carte Bleue.
Payment is confirmed on receipt of the additional information requested in the event of payment by debit/credit card requiring additional checks.
Agathatorres.com reserves the right to check the personal information given by the customer and to adopt any measures deemed necessary to check that the person whose bank account is being debited is the person who placed the order. This is to prevent any fraudulent payments..
Agathatorres.com is also entitled to directly cancel an order that presents one or more risk factors of bank card fraudulent use.
ARTICLE 5 - Dispatch and delivery
Delivery conditions and time-scales:
- Delivery time is a maximum of 25 working days from receipt of the order, except in the event of a natural disaster, Act of God or force majeure beyond the control of agathatorres.com, causing delivery to be delayed.
- In the event that the customer is absent and, if after two delivery attempts and five working days, the customer has not contacted the carrier, then the package will be returned to agathatorres.com, without any possibility for re-delivery.
- Contribution to costs of delivery will be required for all countries except European Countries
|Shoes with accessories||Europe||0 €||Maximum 4 days after shipping|
|Outside Europe||10 € per set||Depends to the countries|
|Shoes accessories shipped separately||Europe||0 €||Maximum 4 days after shipping|
|Outside Europe||10 € per 2 accessories||Depends to the countries|
These time-scales are provided as a rough guide and any eventual delay will not entitle the Customer to any interest or damages, restriction or cancellation of the order.
However, if the ordered products are not delivered within 30 days of the indicated date of delivery, for any other reason, then the sale may be cancelled by written request from the Customer or the Seller. The sums paid by the Customer will then be refunded immediately.
The delivery is considered as effected upon delivery of the products ordered by the Seller to the carrier.
In the event of a special request from the Customer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, such costs incurred will be subject to an additional individual invoice, an estimate of which will be accepted in writing beforehand by the Customer.
The Customer has to verify the condition of the delivered products. A deadline of 48 hours applies from delivery to lodge a complaint for non-conformity or visible defect of the delivered products, and including all appropriate supporting documentation. After this deadline and in the absence of the above formalities, products will be considered as acceptable and fit for use and exempt from any visible defect and no complaint will be accepted by the Seller. This does not affect your statutory rights as described in article 6 of the present document.
The Seller will replace any faulty product at his own expense and as soon as possible.
Whereby the visible defect or non conformity have been duly proved by the Customer.
ARTICLE 6 - Statutory Cancellation Rights
The customer has a statutory cancellation right which can be exercised, with no explanation required, within seven (7) working days from receipt of the products.
However, as AGATHA TORRES shoes are made-to-measure customised products, the statutory cancellation right does not apply to the actual shoes.
Please note that accessories must be returned in their original designer packaging. Accessories returned without their original boxes will not be accepted. It is up to the customer to retain proof of this return, by registered post or any other means providing a firm delivery, and the return delivery cost remains at the customer's expense.
On receipt of the parcel by agathatorres.com's team, a very strict quality control will be carried out. If the product is in perfect condition and if the previously quoted conditions were respected, agathatorres.com will proceed with the refund or exchange of one or more products.
ARTICLE 7 - Ownership transfer - Transfer of risks
Ownership of the products and the ensuing transfer of the risk of loss or deterioration of products is transferred from the Seller to the Customer upon full payment of the order by the Customer. Products thus travel at the risks and perils of the Customer who may lodge a complaint with the carrier according to current legal and statutory requirements in the event the products are damaged during transportation.
ARTICLE 8 - Responsibility of the Supplier - Guarantee
Products delivered by the Seller benefit, according to legal requirements, from a guarantee against any hidden defect resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use, for a period of 10 days, from delivery date. Any possible interventions made by the Seller in relation to this guarantee will on no account extend the duration of the guarantee.
The guarantee excludes any damage caused by misuse, carelessness or defective maintenance on the Customer's part.
Photos and illustrations accompanying products on the web site have no contractual value and do not commit the Seller in any way or manner.
Only the Customer is responsible for the choice of products, and their care and use.
The Seller will not be held responsible for any delay or non-fulfilment of the Purchase Order due to an emergency recognized in French jurisprudence.
ARTICLE 9 - Computing and Liberties
Please note that any personal details requested from the customer are necessary for processing orders and intended purely for internal use by the Seller. These personal details may nevertheless be passed on to third-parties, or partners of the Seller. The Customer thus has a right of access, modification, rectification and opposition with regard to the above information, according to the statutory conditions and regulations in force.
ARTICLE 10 - Applicable rights
These Terms and Conditions shall be governed by and interpreted in accordance with French law and the courts of France shall have non exclusive jurisdiction regarding any disputes arising in connection with these conditions.
ARTICLE 11 - Acceptance of the buyer
From time to time, AGATHA TORRES may change, alter or modify these legal terms. Any changes to these Terms and Conditions will be posted on this Site and any use by the Customer of this Site after any such changes have been posted shall be deemed to indicate your agreement to the modified Terms and Conditions, but will not affect any orders already placed. If you do not agree to the modified Terms and Conditions, you should cease use of this Site.
ARTICLE 12 - Intellectual Property
Copyright and all other intellectual property rights in both the content of this Site and the Site itself are owned by AGATHA TORRES. Except as expressly set out below, all rights reserved.
Content included in the Site may be accessed by yourself for your own private non commercial use only. You may not copy, perform, publish, modify, transfer, create derivative works from, commercially exploit or otherwise use in whole or part any content, software, products or services obtained from this Site, without prior agreement.
ARTICLE 13 - Responsability
AGATHA TORRES has a duty of care throughout all stages of access to the site, order processing, delivery, customer service or post sale support services. AGATHA TORRES is no way responsible for any inconveniences or damage inherent to the use of the internet network, in particular an interruption in service, an outside intervention or the presence of computer viruses, or any fact qualified as force majeure, according to French jurisprudence.
ARTICLE 14 - Personal data
The user is informed that this automatic processing of information, in particular, the administration of users' email addresses, was subject to a declaration to the CNIL (Commission nationale de l'informatique et des libertés — French data protection authority). The user has the right to access and modify any data concerning him/her.