TERMS OF SERVICE (e-commerce)
GENERAL
Thank you for visiting HAPPY b., the integrated lifestyle brand of Agnès b. HK Limited (“Agnès b.”, “HAPPY b.”, “we” or “us”) website (on www.agnesb-happyb.com) (the “Site”). Access to and use of the Site and related services (collectively, the “Services”) are made available to you in accordance with the following Terms of Service and any other rules and policies posted on the Site, including the Privacy Policy (collectively, the “Terms of Service” or “TOS”). By using the Services, such as browsing or placing orders on the Site, you are agreeing to all of the Terms of Service.
We will collect, use, store and disclose any personal data provided by you in accordance with the Privacy Policy.
Agnès b. HK Limited reserves the right to make changes to the Site or any part of the TOS at any time. Please visit this page from time to time to check for any updates or changes to any part of the TOS (including the said rules and policies and the Privacy Policy).
If you have any comment about the Site or this TOS please contact us by email to happyb@agnesb.com.hk .
REGISTRATION
You will need to register an account to use some of the Services available on the Site. In registering an account and in your use of the Site, you agree (where necessary) to provide information about yourself that is true, accurate, current, and complete in all respects. Please refer to our Privacy Policy for more information on how we use your personal data.
If you are under 18, by registering for an account with us or otherwise using our Services, you agree that you have informed your parents and guardians about the TOS prior to such registration or use, and they have approved of such registration or use by you on the terms of the TOS. Agnès b. HK Limited reserves the right to accept orders from you only if you are aged 18 or over.
We will never ask you for your account’s password either in writing (via email or otherwise), in person or on the phone. In using the Site, you are responsible for: (i) safeguarding any passwords used to access your account and our Services, and (ii) all use of our Services under your account. Please take reasonable care in protecting access to your account from any unauthorized use. If you suspect that the security of your account has been compromised or if there is unauthorised use of your account, please contact us immediately.
INTELLECTUAL PROPERTY
All software and “Content” (which is defined as, or includes, any text, audio or music, video, graphics, photographs, and image) are the intellectual property of Agnès b. HK Limited and are protected by intellectual property and copyright laws and international treaty provisions.
The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorised by Agnès b. HK Limited and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of Agnès b. HK Limited. Any such unauthorized actions may result in civil consequences and/or criminal penalties.
Agnès b. HK Limited reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.
THIRD-PARTY LINKS
The Site may include links to other websites or resources that are not operated or prepared by Agnès b. HK Limited. We have no control over such sites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.
Agnès b. HK Limited is not responsible for the content or accuracy of any off-Site pages, which include but is not limited to advertisers of the Site. Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of such sites.
ELIGIBILITY TO PURCHASE
In order to place orders with us, you must meet the following conditions of eligibility:
  • Be aged 18 years of age or over;
  • Be in possession of a valid credit/debit card issued by a licensed bank acceptable to Agnès b. HK Limited for payment; and
  • Have provided personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site).
In placing an order with us, you authorise Agnès b. HK Limited to process a charge or charges on your credit/debit card account in the amount of the total purchase price of your order. You also expressly authorise us to use personal information provided by you to perform appropriate anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.
All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.
The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.
PRODUCT DESCRIPTIONS
Agnès b. HK Limited will endeavour to ensure that the Content and the product descriptions on the Site are as accurate and complete as possible. We however do not warrant that “Content” and product descriptions are accurate, complete, current or error-free.
PRICING
Prices are shown on the Site in Hong Kong Dollars (HKD).
Prices displayed on the Site at the time your order is accepted will be honoured except in the case of obvious error. Whilst we use our best endeavours to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.
If your credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
PAYMENT
We accept payments made by Visa and MasterCard.
By placing an order using one of the above credit/debit card payment methods, you confirm that the credit/debit card account used is yours or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to Agnès b. HK Limited, we will not be liable for any delay or non-delivery.
Our payment processes meet the stringent international security standards set down by the Payment Card Industry to make your shopping experience safe and secure. If you have registered an account on the Site and have decided to save your card details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of gross negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorised access to any data you provide when using our Services.
ACCEPTANCE OF YOUR ORDER
Content (including without limitation product images, descriptions, pricing, stock availability, and sizing information) on this Website constitutes our invitation to treat, not a binding offer.
Once you have entered your personal and payment details and placed your order, we will send you an email acknowledging the receipt of your order. This email is confirmation of receipt of your order and does not constitute an acceptance of your offer / order or any promise concerning your offer / order.
If your order is accepted by us, the contract between you and Agnès b HK Limited shall be deemed concluded when we send you an email to confirm that the goods under your order are ready for pick-up or delivered to you.
Only goods listed in the confirmation email sent at the time of ordering are included in the contract concluded. All sales contracts are concluded in the Hong Kong SAR and are written in English.
Agnès b. HK Limited reserves the right not to accept an order for any reason in its sole discretion (including but not limited to any of the following reasons):
  • We are unable to accept your order due to a system error.
  • We are unable to obtain authorisation for payment.
  • You do not meet the eligibility criteria to purchase as set out in these Terms Of Service.
In the event of supply difficulties, we reserve the right to substitute goods, basket or packaging of equal quality and value.
Our Customer Service team will contact you as soon as possible if we are unable to accept your order.
DELIVERY AND COLLECTIONS
The below described delivery and ordering services are available in Hong Kong only.
Only agnès b. FLEURISTE offers delivery services at certain charges (based on specified location); agnès b. CAFÉ and agnès b. DÉLICES only take order online and customer will need to do self-pick-up at specified location.
We endeavour to dispatch products ordered within two working days only after the order has been placed and accepted by us. You will be given an indication of the estimated delivery time when you receive an email to confirm the goods have been dispatched to you. Agnès b. will try our best to meet the estimated delivery period but cannot guarantee that such estimate can be met.
Special Arrangements
  • For peak seasons and special occasions (e.g. Valentine's Day and Mother's Day) pricing, delivery charges, order cut-off times, delivery and/or pick-up times may be altered.
  • Adverse weather conditions (e.g. Typhoon 8) may cause a delay in the delivery of your order. You will be notified by the supplier as soon as possible with the rescheduled delivery date and time of your order.
Workshops
By registering for our workshops you understand that your seat will be reserved only upon receipt of full payment by the due date.
Due to the high demand for workshops, no refunds or exchanges can be offered once payment is received. If you are unable to attend the workshop your seat may be transferred to another friend/family member, simply let us know the contact name and email/phone number of the new participant as soon as possible.
Please arrive promptly to all classes. Classes must start on time so as to not inconvenience other students or delay other classes. Should you arrive after the allocated starting time you understand that our teacher may not be able to repeat content and no refunds or partial refunds will be given.
If we must cancel the workshop for any reason, we will offer an upcoming available workshop for substitution
CANCELLATIONS AND EXCHANGES
Once an order has been placed, no cancellation or changes will be accepted and any sums of money paid by the customer will not be refunded unless otherwise specified or agreed by us.
In case of an obvious flaw or the nonconformity of products delivered with an order, Agnès b. HK Limited will allow an exchange of the product or a product of an equivalent dollar value. For any online purchases in respect of defective merchandise, consumer should immediately email the Customer Care team at happyb@agnesb.com.hk .
YOUR RIGHTS
Nothing in the TOS is intended to affect your rights under the laws of Hong Kong SAR.
LIABILITY
Views expressed in any media by the designers, companies or third parties, whose products are sold at our stores or on the Site or with whom we are associated, are their own. Agnès b. takes no responsibility for any such views as they do not necessarily reflect ours.
Agnès b. does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed.
Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, Agnès b. will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this TOS.
INDEMNITY AND WAIVER
At our request, you agree to compensate us fully and hold us, Agnès b. (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes the use of the Site by any other persons using your account caused by your action or inaction.
If you breach the TOS and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach the TOS.
COMPLAINTS
We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise. Please email to happyb@agnesb.com.hk for any order related complaints or comments.
Agnès b. respects the intellectual property of others. If you have reason to believe your work may have been used in the Site without your permission, please contact us following this complaints handling procedure.
GOVERNING LAW AND JURISDUCTION
The TOS, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of the Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these TOS.
LANGUAGES
The English version of this TOS shall prevail in case of any discrepancies between the English and Chinese versions.
NO RESALE
When you order products from us, if you are a consumer, you agree that it is for personal use (by you or other individual(s)) and that they will not be resold by you or other individual(s) unless authorised to do so by Agnès b. HK Limited.