Terms and conditions

1.    INTRODUCTION 


Welcome to the AGNESB.COM website and co-branded versions of the website located at URLs that resolve to the domain name AGNESB.COM (the "Website" or "Site"). As you have no doubt experienced with virtually all websites, your use of this Site, is subject to certain terms and conditions of use (collectively "Terms") set forth below. These Terms contain important information about your rights and obligations, as they create a legally binding agreement between you and us, protecting your rights as a valued customer and our rights as a business.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE, AND/OR PLACING AN ORDER FROM THIS SITE, YOU ACCEPT THESE TERMS, AND OUR PRIVACY POLICY WITHOUT ANY RESERVATIONS OR QUALIFICATIONS, AND YOU AGREE TO BE BOUND BY THESE TERMS, AND OUR PRIVACY POLICY. THIS INCLUDES, WITHOUT LIMITATION, ACCEPTING THE TERMS RELATING TO BINDING ARBITRATION, WAIVER OF THE RIGHT TO CLASS ACTION, DISPUTE RESOLUTION (IF APPLICABLE) DISCLAIMER OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND NEW YORK CHOICE OF LAW AS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OR TO OUR PRIVACY POLICY, WHETHER IN WHOLE OR IN PART, PLEASE DO NOT USE THE SITE, OR ANY OF THE SERVICES PROVIDED ON THE SITE, OR PLACE AN ORDER FROM THE SITE.

Your acceptance of these Terms constitutes an agreement between you (hereinafter, "you" or "your") and ABW, Inc., a New York corporation with its principal address at 1231-1239 Broadway, Suite 500, New York, NY 10001 or the "Vendor") on the other hand, in relation to your use of the Website, the goods/services offered and sold through this Website, and any orders you place through the Website (collectively, the "Agnès b. Services"). Before you place an order, please carefully read these Terms and our Privacy Policy.

If you have any questions about the Terms, or the Privacy Policy, you may contact us via the contact information provided on our “Contact Us” webpage on the Site.

 

2.    DISPUTE RESOLUTION AND ARBITRATION


You agree that any controversy or claim arising out of or relating to the Terms of Use of the Site, the Privacy Policy, and/or the AGNES B. Services shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of these Terms if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than the condition that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor AGNES B. shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE SITE, ANY OF THE SERVICES PROVIDED ON THE SITE OR PLACE AN ORDER FROM THE SITE OR IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or under these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THE PRIVACY POLICY, AND/OR THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

Any disputes arising out of or relating to these Terms, the Privacy Policy, the Site, and/or the AGNES B. Services shall be resolved in accordance with the laws of state of New York, without regard to its conflict of law rules. Any disputes, actions or proceedings relating to these Terms or your access to or use of the Site not subject to the arbitration provisions set forth herein must be brought in the Federal or state courts located in the state of New York and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

 

3.    USE OF OUR WEBSITE


You acknowledge and agree to the following terms:

  1. The Website covers all orders from the United States and from Canada.
  2. Prices are posted and payments are processed in US dollars.
  3. Your utilization of the Website is related to legitimate inquiries or orders.
  4. You are prohibited from placing speculative, false, or fraudulent orders. In the event that we reasonably suspect such an order was placed, we retain the right to cancel it and notify the relevant authorities.
  5. You also commit to providing an accurate email address, postal address, and/or other contact details. You acknowledge that we may use these details to contact you if necessary (please refer to our Privacy Policy for details on personal information usage).
  6. Failure to provide all necessary information may result in the inability to fulfill your order.
  7. You shall not attempt to disrupt the Site’s network, our related networks, or related network security. Unauthorized access attempts to any other computer system using the Site's service are strictly prohibited.
  8. The Site must not be used for transmitting material that infringes on our intellectual property, privacy, or publicity rights of others.
  9. Engaging in conduct through the Site that constitutes a civil or criminal offense, or violates any city, state, national, or international law or regulation, is strictly prohibited.
  10. By placing an order through the Website, you assert and guarantee that you are at least 18 years old and legally capable of entering into binding contracts.


4.   HOW PURCHASE CONTRACTS ARE FORMED


The existence of a contract ("Contract") for the purchase of a product from the Site is contingent upon our acceptance of your order and the subsequent issuance of the Shipment Confirmation (defined below). In the event that we do not accept your order and funds have already been deducted from your account, a full refund will be processed.

To initiate an order, you must follow the online shopping process and press the "Authorize Payment" button to submit the order. Following this, you will receive an email acknowledging the receipt of your order (the "Order Confirmation"). Your order constitutes an offer to purchase one or more products for personal use, not for resale. We retain the right to limit, cancel, or prohibit orders that, in our judgment, appear to violate this policy. Additionally, we reserve the right to terminate business relations with customers who breach this policy.

All orders are subject to our acceptance, which will be confirmed by sending you an email indicating that the product has been dispatched. If you opt for the Pick-up In Store option (where available), we will send you an email (if authorized at the time of purchase) confirming the availability of the product for in-store pickup at the designated store during the checkout process (collectively, the "Shipment Confirmation"). We are not obligated to supply any other products included in another order you have placed or in an updated order until a separate Shipment Confirmation for those products is issued. Notwithstanding the above, your card or other payment method will not be charged until your order is accepted and shipped (except for Paypal and Payment in several installments). However, an immediate pre-authorization of funds may appear upon placing the Order.

It is acknowledged and agreed that we do not provide any warranty or guarantee regarding the availability for pickup of product(s) through the Pick-up In Store option.


5.   MERCHANDISE AVAILABILITY


The availability of all product orders is contingent upon stock availability. In cases of supply difficulties or when products are no longer in stock, if you opt not to proceed with substitute products, we will promptly refund any payments made by you.


6.   REFUSAL OF ORDER


We reserve the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.

We will not be liable to you or any other third party by reason of our withdrawing any product from the Website, whether it has been sold or not, removing or editing any materials or contents on the Website or for refusing to process or accept an order after we have sent you the Order Confirmation.


7.   CANCELLATIONS


You may cancel an Order for certain products if the Order is still being processed (and has not gone to the warehouse) to receive a refund of your original form of payment of the price paid. Otherwise, you must return the product(s) in accordance with our Returns policy. Personalized products in an Order may not be canceled.


8.   DELIVERY


Subject to the provisions of Clause 6 above, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 15 business days of the date of the Shipment Confirmation.

Delivery to Alaska and Hawaii may take up to 20 business days of the Shipment Confirmation. We do not ship to P.O. Boxes, APO, FPO, Guam, Palau, Northern Mariana Islands, American Samoa, and the Federated States of Micronesia.

If you choose the Pick-up In Store option, you will be required to show a government-issued identification. To pick up orders placed through the Pick-up In Store option, you (or a third party designated by you) must provide the order number found on the electronic purchase receipt, together with the purchaser’s name and one form of government-issued identification. If someone other than you picks up your order, we will record their name for confirming delivery purposes. You acknowledge and agree that the Pick-up In Store option is only available at participating locations, which locations are subject to change without notice. Signature required orders which cannot be delivered will be returned to the warehouse. The carrier will generally determine if the parcel can be left in a secure place at your delivery address. Your package may be returned to us if there is no safe place to leave the package at the point of delivery. For lost or missing packages, we will provide you with the information of the carrier and tracking number associated with your order so that you may contact them directly to track your package.

In the current UPS setup, all packages are sent without a signature upon delivery.

We encourage you to sign up for UPS My Choice® to track and modify the delivery of your package.

 

SHIPPING FEES

  • UPS Ground (U.S.) - $9.00 : Delivery occurs in 3 to 5 business days (within the contiguous U.S.).
  • UPS Worldwide (Canada) - $29.00 : Delivery occurs in 2 to 4 business days. (Duties and taxes are not included in the total at checkout).


9.    UNABLE TO DELIVER


Signature required orders which cannot be delivered will be returned to the warehouse. The carrier will generally determine if the parcel can be left in a secure place at your delivery address. Your package may be returned to us if there is no safe place to leave the package at the point of delivery. For lost or missing packages, we will provide you with the information of the carrier and tracking number associated with your order so that you may contact them directly to track your package.


10. RISK OF LOSS AND TITLE


Title and risk of loss pass to you upon our transfer of the products to the first attempted delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. If you have opted out for a Payment in installments, ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever event occurs later in time.

 

11. PRICE AND PAYMENT


All prices posted on this Site are subject to change without notice. The price of the products shall be the price quoted at the time the order is placed and will be set out in the Order Confirmation. While we take care to ensure that all prices displayed on our Website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it. If we are unable to contact you, the order will be treated as canceled and if you have already paid for the product(s) you will receive a full refund.

We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All posted prices do not include shipping charges and sales taxes (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable).

Sales tax is charged (if applicable) according to the shipping address of your order as required by applicable law.

Once you have finished shopping on the Website, all the products you wish to purchase are added to your cart basket. Your next step will be to go through the checkout process and make a payment.

Payment for orders will be made to Agnès b., Inc. The amount of the purchase will not be charged to your original payment method until your order has been shipped from our warehouse. By clicking on the "Proceed to payment" button, you are confirming that the chosen method of payment is yours or that you are the owner of the merchandise credit card. Cards are subject to validation checks and authorization by your card issuer.

If you choose to pay via PayPal or opt for installment payments, the amount will be charged once your order is confirmed.

When placing an order through one of the electronic devices available on Agnès b. website, you must follow the purchase process steps that appear on the website, completing or verifying the information requested in each step. You can modify the details of your order throughout the purchase process before payment. You must choose your payment method before placing the order. Please note that a binding order is placed at the time you press the relevant “authorize” or “finalize order” button, and you are then bound to pay for your order once it has been placed.

You can pay for your order by using Visa, MasterCard, American Express, or any other card accepted on the website. Any legally permissible validation of checks and authorization of your card will apply. Please note that payments via Diners Club and JCB will not be accepted.

All payments are processed in US dollars. Agnès b. reserves the right to refuse any and all orders or deliveries in the event of (a) surpassing the order thresholds indicated herein, (b) ongoing dispute with the Buyer, (c) Buyer's total or partial non-payment of a previous order, (d) credit or bank card company's refusal to authorize payment, (e) non-payment or partial payment. In all these cases, Agnès b. cannot be held liable in any manner.

 

12. RETURNS AND REFUNDS


(a)  Online Purchases:

Subject to the conditions set forth below, Agnès b. will gladly accept returns of unworn, unwashed, and unaltered merchandise with all internal garment tags intact with your original receipt within fifteen (15) days of the date of the delivery as defined in Clause 9 Shipment Confirmation e-mail, unless a longer period of time is specified in writing at the time of purchase, Order Confirmation, or Shipment Confirmation purchased on the US Agnès b. site. Refunds will be credited back to the same payment method used to make the original purchase on the Site. If the original form of payment is not available, please contact Customer Service.

For online purchases, you can return the product in person at Agnès b. boutique in the United States that contains the product section to which the product you want to return belongs, or you can drop it off at a courier location shown on our prepaid return label within fourteen (14) days of the delivery date, unless a longer period of time is specified in writing at the time of purchase, Order Confirmation, or Shipment Confirmation e-mail. Please note that a shipping fee will be charged for returns made at a drop-off location. You should send the product in the original package received by following the directions contained in the “RETURNS '' section of the Help & Support section posted on our website. We are not responsible for lost packages. The cost of expedited shipping to you for the original order (if applicable) is not subject to refund

Agnès b. will reimburse the amount paid by the buyer within thirty (30) days starting from the date of receiving the package by Agnès b. (due to different banking institution policies). Returns are only possible from the country where the items were delivered, merchandise outside of the US and Canada are not returnable in the US. Underwear and swimwear are not returnable. Accessories, cosmetics and perfumes must be unused, in their original condition and original packaging.

Agnès b. reserves the right to refuse returns of any merchandise that does not meet the above return requirements in Agnès b.’s sole discretion.

For any questions or more information go to our Help & Support section at www.agnesb.com/en_us. This policy is in addition to and does not affect consumers’ rights under any applicable law.

Please include with the product being returned all original packaging, instructions, documents, and wrappings. After reviewing the product, we will let you know whether or not you have a right to a refund based on our Return and Exchange policy conditions. We will process your refund as soon as possible and in any case; within thirty (30) days of the date the returned goods have been received by us. We will refund any money received from you using the same method used to make payment if the card is available. If not, subject to any legal requirements, we will issue you merchandise credit or check as dictated by the circumstances as concluded by the company. Merchandise credits do not expire.

Customized products are not returnable. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.


13. LIABILITY AND DISCLAIMERS


We provide information on the Site as a convenience to you. While we strive to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. Please note that the products described on the Site may not be available in your region, and we do not claim that the information on the Site is appropriate for your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH IS PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, OR THEIR FUNCTIONS OR CONTENT.

AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

IN NO EVENT SHALL ABW INC., ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) (COLLECTIVELY, “DAMAGES”) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE , INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF ABW INC. OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF ABW Inc’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCURES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

You shall indemnify and absolve ABW Inc, its parent, subsidiaries, affiliates, officers, and directors from all fines, penalties, liabilities, losses, and any other damages (including attorneys' and experts' fees) incurred by ABW Inc and those parties. Additionally, you shall actively defend ABW Inc and said parties against any claims arising from (1) your usage of the website or violation of these Terms and Conditions; (2) any fraud, intentional misconduct, or gross negligence on your part; and (3) your breach of any applicable U.S. or foreign law or the rights of a third party. ABW Inc will oversee the defense of any claim eligible for indemnity, and under any circumstances, you must not settle any claim without the consent of ABW Inc.

Due to the open nature of the Website, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out on the Website.


14. INTELLECTUAL PROPERTY


The content on the Site, encompassing all information and materials such as text, data, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software, and HTML used for page generation ("Materials"), belongs to the Agnès b. group, its suppliers, or licensors. It is safeguarded by patent, trademark, and/or copyright laws, both in the United States and abroad. Unless explicitly stated otherwise on the Site or in these Terms, you are prohibited from using, downloading, uploading, copying, printing, displaying, performing, reproducing, publishing, modifying, deleting, adding to, licensing, posting, transmitting, or distributing any Materials from the Site, in whole or in part, for any public or commercial purpose, without the explicit prior written permission of Agnès b. We provide you with a personal, limited, non-exclusive, non-transferable license to access the Site and utilize the information and services it contains. We retain the right, at our sole discretion and without notice, to modify the products and services described on the Site, and to terminate, alter, suspend, or discontinue any aspect of the Site, including Materials, features, and/or availability hours, without liability to you or any third party. We may also establish rules, limits, or restrictions on Site usage or restrict your access, in part or in whole, without notice or penalty. We reserve the right to modify these rules and/or limitations at any time, at our sole discretion.

Between you and Agnès b. group (or any other company with marks featured on the Site), Agnès b. group (or the respective company) holds ownership and/or authorization for any registered or unregistered trademark, trade name, and/or service mark visible on the Site. It is also the copyright owner or licensee of the Materials on the Site, unless stated otherwise. The Agnès b. group logos, designs, titles, phrases, product names, and the associated copyrights, trademarks, service marks, trade dress, and/or other intellectual property in such materials (collectively referred to as "Agnès b. group Intellectual Property") are the property of Agnès b. group and may be registered in the United States and internationally. You agree not to display or use Agnès b. group Intellectual Property without prior permission from Agnès b. group. Nothing on the Site should be construed as granting any license or right to use any Agnès b. group Intellectual Property without the prior written consent of Agnès b. group.

Unless otherwise specified herein, the use of the Site does not grant you a license to any Materials or features accessible on the Site. You may not modify, rent, lease, loan, sell, distribute, or create derivative works of such Materials, features, or materials, in whole or in part. Commercial use of the Site is strictly prohibited, except as allowed herein or with our approval. You may not download or save a copy of any Materials or screens for any purpose unless otherwise provided by Agnès b. group. Unauthorized use of the Site, beyond what is outlined herein, may result in a violation of copyright and other laws in the United States and/or other countries, as well as applicable state laws, leading to potential liability for such unauthorized use. The information on the Site, including site design, text, graphics, interfaces, and selection and arrangements, is protected by law, including but not limited to copyright law. However, this does not prohibit you from using the Website to the extent necessary to make a copy of any order.

ABW Inc. does not assert that the Site can be lawfully viewed or that content can be downloaded outside of the United States. Access to the content may not be legal for certain individuals or in certain countries. If you access the Site from outside the United States, you do so at your own risk, and you are responsible for complying with the laws of the jurisdiction.

 

15. COPYRIGHT AND/OR TRADEMARK INFRINGEMENT


If you suspect that a work on the Site infringes upon your copyright, trademark, or other intellectual property rights, kindly furnish our Designated Agent with a written communication containing the following information:

  1. proof of your ownership or authorization to represent the owner of the copyrighted work or trademark;
  2. details about the copyrighted work or trademark you allege has been infringed;
  3. information on where the purportedly infringing material is situated on the Site, including the permalink to its location;
  4. your full name, address, phone number, and email address;
  5. a declaration from you stating that you genuinely believe the disputed use is not sanctioned by the copyright or trademark owner, its representative, or the law;
  6. a sworn statement from you, under penalty of perjury, affirming the accuracy of the information provided in your notice and confirming that you are the copyright or trademark owner or have the authority to act on behalf of the owner; and
  7. your physical or electronic signature.

ABW Inc's Designated Agent for notice of claims of copyright infringement and trademark infringement can be reached at [email protected]


16. INDEMNITY


You agree to indemnify and hold ABW Inc, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your (including your dependents’ or agents’) violation of these Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.


17. WRITTEN COMMUNICATIONS


When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website, push notifications or messages. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

 

18. REGISTRATION, PASSWORDS, AND SECURITY


To utilize certain services, you must complete an online registration form. By doing so, you affirm that all information provided in the registration form ("Registration Information") is accurate and complete, and you commit to keeping it up-to-date.

Upon registration, you will establish a password. You bear sole responsibility for any actions taken or usage under your password on the Site. Your password is exclusively intended for activities such as reviewing information on potential and completed transactions, purchasing or canceling products, adjusting preferences, posting content, and generally accessing and using the Site and its services, all in accordance with these Terms. You are accountable for maintaining the confidentiality and security of your password, and you agree not to disclose it to any third party (except for third parties authorized by you to use your account). You assume full responsibility for all transactions and activities conducted through your account, and you release ABW Inc from any liability related to such transactions or activities. Promptly notify ABW Inc of any actual or suspected loss, theft, or unauthorized use of your account or password. ABW Inc is not obligated to investigate the authority or propriety of any use or action under your password and is not liable for any losses resulting from such use or action or from your failure to comply with the above. While ABW Inc will implement reasonable security measures when using the Internet, telephone, or other communication means, it explicitly disclaims any and all liability for unauthorized access to such data or communications by individuals or entities.


19. BINDING NATURE; ASSIGNMENT


These Terms, and our Privacy Policy are binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of these Terms, or our Privacy Policy, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, and our Privacy Policy, or any of our rights or obligations arising under them, at any time.

 

EVENTS OUTSIDE OUR CONTROL

We shall not be held liable or accountable for any failure to perform or delay the performance of our obligations under an order you have placed, caused by events beyond our control (referred to as a "Force Majeure Event"). Such an event encompasses any act, occurrence, non-occurrence, omission, or accident beyond our reasonable control. This includes, but is not limited to, the following:

  1. Strikes, lockouts, or other industrial actions.
  2. Civil commotion, riot, invasion, terrorist attack, or the threat of terrorist attack, war (whether declared or not), or the threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters.
  4. Impossibility of using railways, shipping, aircraft, motor transport, or other means of public or private transport.
  5. Impossibility of using public or private telecommunications networks.
  6. Acts, decrees, legislation, regulations, or restrictions imposed by any government.
  7. Any relevant transport strike, failure, or accidents in shipping, postal services, or other relevant modes of transport

Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for our performance for the duration of that period. We will use our reasonable efforts to limit the effect of the Force Majeure Event on our obligations to perform under these Terms.

 

20. WAIVER


No failure of Agnès b. to enforce any of its rights or remedies under these Terms will constitute a waiver of future enforcement of those rights and remedies. The waiver of any right or remedy will be effective only if it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions.

 

21. SEVERABILITY


If any of the provisions of these Terms or any provisions of an order is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

22. ENTIRE AGREEMENT


These Terms and any document expressly referred to in these Terms represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.

 

23. OUR RIGHT TO MODIFY THESE TERMS


We have the right to revise and amend these Terms at any time without notice. Your use of the Site after we post changes to these Terms constitutes your agreement to those changes from the date of such changes. You will be subject to the Terms and Agnès b. policies in force at the time that you order products from us.