General conditions of sale



1. General provisions 


1.1 These general conditions of sale (“General Conditions”) apply to all sales of AGENT 33 products (“Products” or “Product”) through the website www.agent33corp.com (“Website”).  


1.2 The language used to enter any contract of sale through this Website is French.  


1.3 Clients are required to read carefully these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. A copy of the General Conditions will be sent to the Client by AGENT 33 according to Section 5.10 below. Contracts of sale executed with Clients will be archived by AGENT 33 for the retention period required by applicable law.  


2. Identification of the vendor 


2.1 The vendor is AGENT 33 (S.A.S), a company with registered office at Rue Gonod 37, Clermont-Ferrand, France, phone no. 0638900553, VAT number FR76 1680 6099 3966 0774 6648 891, 3,000 Euro of corporate capital, fully paid-in (“AGENT 33”).  


3. Information on Products and their availability 


3.1 Information on Products (along with the relevant Product codes) and relevant prices are available on the Website.  


3.2 The Products available on the Website are a selection of items normally available in stores; however AGENT 33 does not provide any warranty to the Client relating to the availability in the stores of the Products available in the Website. Pictures of the Products displayed on the Website may not correspond to their actual appearance; the Client shall therefore rely exclusively on the description of the Products and their characteristics as mentioned in the Website.  


3.3 AGENT 33 reserves the right at any time to limit quantities and/or type of Products available in the Website. The style, models and colors of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Products; AGENT 33 is not liable towards the Client in case of unavailability of the Products prior to the execution of the contract.  


3.4 The maximum number of pieces for each Product included by the Client in the order proposal is three pieces.  


3.5 In no case AGENT 33 shall be liable for errors occurred due to failure of the Client’s connection to the Website.  


4. Price 


4.1 The prices of the Products are indicated on the Website in Euro and are inclusive of all applicable taxes and charges. Delivery costs, if required, shall be added to the price of the Products and will be indicated separately on the order form, in respect of the principle provided by the applicable laws.  


4.2 AGENT 33 regularly verifies that prices of the Products displayed on the Website are correct; however, AGENT 33 cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, AGENT 33 shall refuse the order and offer the Client the opportunity to purchase the Product at the correct price. If the error is detected after the order has been accepted, AGENT 33 will also offer the Client the opportunity to cancel the order.  


5. Execution of the Contract 


5.1 The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an offer by AGENT 33. 


5.2 Before submitting an order through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to possible delivery charges, the right of withdrawal conditions and the privacy policy statement), along with these General Conditions.  


5.3 To purchase the Products Client must (i) include the selected Product in the “Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to AGENT 33 through the Website.  


5.4 Sending of the order constitutes a proposal to purchase the selected Products, regulated under these General Conditions and binding for the Client, with no prejudice to the withdrawal right under Section 10 . The sending of the order proposal by the Client entails the obligation of the latter to pay the price of the ordered Products. 


5.5 Any error/change in data entered by the Client in the order proposal may be validated by the latter, following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their “Shopping Bag”). 


5.6 The order proposal and the Client’s data related to that order proposal will be kept by AGENT 33 for the period required by applicable legislation, as provided under the privacy policy.  


5.7 An order proposal may be refused by AGENT 33 within 30 days of receipt of the same. In that case, no consideration shall be due by the Client to AGENT 33.

AGENT 33 may refuse an order proposal in the following events (by way of example but without limitation): 

(i) the Products are not available (with no prejudice to the provision set out under Section 3.3); or 

(ii) a reported, or suspected, fraudulent or illegal activities, including suspected purchases for commercial purposes; or 

(iii) the Client has not fulfilled his/her obligations deriving from a prior contract executed with AGENT 33.  


5.8 The contract between AGENT 33 and the Client is executed upon receipt by the Client of the acceptance by AGENT 33 of the order proposal ("Order Confirmation"). The acceptance (or the refusal) by AGENT 33 shall be sent to the Client via e-mail at the address provided by the Client in the order proposal.  


5.9 In case of unavailability of one or more of the Products, the Client will receive an email duly informing him about the unavailability of the Products. In this case the order proposal will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products. 


5.10 In accordance with the provisions of L121-19-1, of the French Consumer Code as defined below, the Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, if any, information on the contact of AGENT 33. information on the conditions and methods to exercise the right of withdrawal, including information on the exclusion of the right of withdrawal for personalized Products, the address to which complaints may be addressed, information on support services and on existing commercial terms, if any, and a copy of these General Conditions. 


5.11 Once the Order Confirmation is sent to the Client, the order cannot be cancelled or modified. Dispatched Products can however be returned as set out in Section 10 below.  


5.12 The risk of loss of or damage to the Products shall pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Product.  


6. Method of payment 


6.1 Payment of the price of the Products included in the order proposal and the relevant delivery charges, if any, shall be paid by the Client by credit card, PayPal or by bank transfer.  


6.2 AGENT 33 accepts payments made with the following credit cards:  

Visa;  

MasterCard;


6.3 The transactions will be debited from the Client’s credit card only after:  

(i) the credit card data has been verified;  

(ii) the authorisation to debit the card has been received from the issuer of the card used by the Client, and  

(iii) the availability of the Products has been confirmed by AGENT 33.  


6.4 In some instances (as, for example, for the purchase of personalized Products) that will be notified to the Client before he/she is able to submit the order proposal, the transaction will be debited from the Client’s credit card only after: 

(i) the credit card data has been verified; and 

(ii) the authorization to debit the card has been received from the issuer of the card used by the Client.  


6.5 Except as provided for in Section 6.4, no debit shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge necessary to check the credit card’s validity, if any. It is understood that once the order is executed, the said temporary charge will be cancelled and replaced just by the amount due by the Client. Moreover, also in case the order is cancelled this temporary charge will be definitely cancelled as well.  


6.6 AGENT 33 does not accepts payments made by bank transfer for the moment. All costs and expenses (including bank charges) associated with the bank transfer applied, as the case may be, to the Client by the bank, shall be borne by the Client. Payment shall be due within and not later than 7 (seven) working days from the date of the Order Confirmation.  


6.7 In the event that, for any reason, it is impossible to debit the amount due by the Client (or to have the cleared funds received on AGENT 33's bank account, in case of bank transfer) within the due deadline (see Section 6.6 above), the contract will not be executed and the order will be cancelled.  


6.8 For each order, AGENT 33 shall invoice the Products by email or by post to the Client, pursuant to the applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued. 


7. Transport and delivery 


7.1 The purchased Products shall be delivered by a courier service selected by AGENT 33 (“Courier”) on working days. Products shall be delivered to the address indicated by the Client in the order proposal. AGENT 33 shall not deliver to PO Boxes.  


7.2 Except if a force majeure event or unforeseeable circumstance occurs, purchased Products shall be delivered within 30 (thirty) days of the date indicated in the Order Confirmation. In case the delivery has not occurred within the above indicated term, the Client be entitled to repudiate the Contract and AGENT 33 shall, without undue delay, reimburse all sums paid under the Contract.  


7.3 At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to: 

(i) verify that the number of items being delivered corresponds to that indicated on the delivery note;  

(ii) verify that the packaging and its seals are intact, undamaged, not wet or altered in any manner; 

(iii) sign the delivery note; and  

(iv) if requested by the Courier, show his/her ID. 

Any damages to the packaging and/or the Products, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Except to the extent permitted under applicable laws, once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel, provided that the Client is entitled to subsequently raise objections in relation to the any other features related to the Products in accordance with the conditions set forth under Section 13 below. 


7.4 Delivery charges, if required, shall be borne by the Client and will be indicated separately on the order form and invoice.  


8. Dispatching and delivery confirmation 


8.1 AGENT 33 shall send to the Client a shipping confirmation via e-mail once the Products are dispatched and a further e-mail once the Products have been delivered.  


9. Wrapping or packaging 


9.1 Products purchased from the Website are delivered with the same AGENT 33 standard packaging as provided in AGENT 33 stores.  


10. Right and consequences of withdrawal


10.1 Pursuant to Article 121-21 of the French Consumer Code as defined below, the Client has the right to withdraw from the contract with no reason within 14 (fourteen) days from the date in which the Client (or the representative duly authorized to receive the Products) obtains the physical possession of the Products and, in case of partial deliveries, the last Product.  


10.2 To exercise the right of withdrawal, the Client shall, within the term mentioned under previous Section 10.1, send by email, or by ordinary mail:  


 •  the withdrawal form attached herewith, duly filled in and undersigned; or  


 •   a communication of his/her intention to exercise the right of withdrawal pursuant to Article 52 of the Consumer Code; such communication shall include the following information: (i) indication of the Products for which the Client wishes to exercise the right of withdrawal; (ii) order number; and (iii) in the event that the Client purchased the Products by bank transfer, the Client’s IBAN code to which the reimbursement is to be made;  


 Please send your request to the following address:  


  AGENT 33 S.A.S  

  Rue Gonod, 37  

  63000 Clermont-Ferrand - France.


10.3 Within 14 (fourteen) days of the communication of withdrawal (sent pursuant to previous Section 10.2), the Client shall return the purchased Products to AGENT 33 S.A.S, Rue Gonod, 37, 63000 Clermont-Ferrand, France. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Client. The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. The Client shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.


10.4 AGENT 33 shall reimburse all payments received from the Client, including the possible reasonable costs of delivery within14 (fourteen) days of the day on which AGENT 33 has received the Products back, or the Client has supplied evidence of having sent back the Products, whichever is the earliest. Reimbursement shall be executed by AGENT 33 using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise and provided that the Client does not incur any fees as a result of such reimbursement.  


11. Personalized Products 


11.1 In accordance with the provisions of Article L121-21-8 of the French Consumer Code as defined below, the right of withdrawal does not apply to orders for (i) personalized Products, such as, for example, those with the Client’s initials engraved on the Products; (ii) those likely to be easily deteriorated or expired; and (iii) those which cannot be sent back given their nature (e.g. product which was sealed, and then unsealed by the Client), or for hygienic reasons.  


12. Replacement of Products 


12.1 Without prejudice to the Client's rights according to Sections 10 and 13, and with the exception of personalized Products, AGENT 33 allows in any case the Client to replace Products purchased on the Website, pursuant to the following procedure:  


(I) once the Products are received, the Client shall promptly contact AGENT 33 by email at customercare@agent33corp.com ;  


(II) after that, the Client shall fill in the form provided with the delivered Products which the Client wishes to replace, clearly indicating the code and the size of the new Products that the Client wishes to receive (such codes and sizes being indicated on the Website);  


(III) no later than 14 (fourteen) days from the date of delivery of the Products, the Products to be replaced must be returned by the Client to AGENT 33 in their original conditions as when delivered, along with the labels attached to the Products and the form indicated under point 12.1 (II) above. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Client.  


12.2 The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. The Client shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.


12.3 The amount paid by the Client shall be reimbursed by AGENT 33, through the same payment method used by the Client for the initial purchase, within 14 (fourteen) days after the returned Products have been delivered to AGENT 33.  


12.4 The exchange will be accepted by AGENT 33 subject to the availability of the new Products requested.  


12.5 The exchange will be processed by AGENT 33 as a new order of the Client subject to the same terms and conditions as set out in these General Conditions for the initial order. In particular, if the Products that the Client wishes to exchange have been initially paid by credit card, AGENT 33 will first refund the price initially paid by the Client and then will charge the price of the new requested Products pursuant to Section 6.3 above. If the initial payment was made by bank transfer and the price of the new requested Products is the same as the price paid by the Client for the Products he/she wishes to exchange, AGENT 33 will withhold the initial sum paid by the Client; if the price is different, AGENT 33 will refund - or request the Client to pay - the difference, as the case may be.  


13. Lack of conformity 


13.1 If a Product sold by AGENT 33 has manufacturing defects or an alleged lack of conformity, the Client will contact the online support by email to or by ordinary mail to the following addresses:  


  AGENT 33 S.A.S  

  Rue Gonod, 37  

  63000 Clermont-Ferrand - France.

13.2 The legal guarantees established by Article L211-4 to L211-14 of the French Consumer Code as defined below apply to the sale of the Products. Under these Articles, the Client has the right to have the Products brought into conformity, free of charge, by repair or replacement (provided that the Client is entitled to select whether having the Products repaired or replaced within the limits provided by the law), or, in case of failure of one of the remedies above (according to Article L211-10 of the French Consumer Code), to have an appropriate reduction in the price of the Products, or the contract cancelled. The Client loses these rights if fails to notify AGENT 33 of the lack of conformity within 2 (two) years of the date on which the Client detected such lack of conformity. In any event, actions intended to assert a lack of conformity not maliciously concealed by AGENT 33 shall automatically lapse 26 (twenty six) months after the delivery of the Products.  


13.3 In the event the Client is seeking the Products to be repaired or replaced due to lack of conformity pursuant to this Section 13, delivery costs for returning the Products to be repaired or replaced shall be borne by AGENT 33, as well as any costs related to the delivery to the Client of the repaired or replacing Products.  


14. Guarantee of authenticity and intellectual property rights 


14.1 AGENT 33 guarantees the authenticity of all Products purchased on the Website. Products bearing the AGENT 33 trademark are produced with materials, are manufactured by artisans, and are all rigorously and fully MADE IN EUROPE.


14.2 The “AGENT 33” trademark, the set of figurative and/or shape marks, present in the Products, the relevant accessories and/or packaging, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the companies AGENT 33 (S.A.S).


15. Applicable law and competent jurisdiction 


15.1 These General Conditions and, therefore, the Contracts executed with the Clients, shall be governed by, and will be interpreted in accordance with French laws.  


15.2. The disputes arising out of, or relating to these General Conditions shall be submitted to the territorial jurisdiction of the competent courts of the place of residence or domicile of the Client.  


Alternatively, the Client can decide to access to the platform for alternative extra-judicial resolution of disputes provided by the European Commission, available on the website http://ec.europa.eu/odr


Online Dispute Resolution


16. Contacts 


16.1 For further information and assistance with the Website or on the methods of purchase online, the Client may contact AGENT 33 at one of the following contacts:  


   AGENT 33 S.A.S

   Rue Gonod, 37  

   63000 Clermont-Ferrand – FRANCE  

   Phone no. +33 638900553 

   customercare@agent33corp.com