GENERAL CONDITIONS FOR ONLINE SALES (CONSUMERS)

RECITALS

The General Conditions of Sale detailed below (hereinafter referred to as the "General Conditions"), govern, to the exclusion of all other terms, the contractual relations between any non-professional user of the A.P.C. website (hereinafter referred to as the "User" or "You") and the merchant, A.P.C. website that belongs to A.P.C. (Atelier de Production et de Création), a company with share capital of 217,703.98 euros, whose registered office is situated at 39 rue Madame, 75006 Paris, entry No. 334 140 167 in the Paris Trade and Companies Register, with VAT registration No. FR09334140167 (hereinafter referred to as "A.P.C."). These General Conditions shall be the sole applicable conditions and supersede all other conditions, save as otherwise exceptionally provided in advance, expressly and in writing. 

A.P.C. may need to amend certain provisions of its General Conditions without notice and, accordingly, these conditions must be re-read before any order is placed on the A.P.C. website (hereinafter referred to as the "Website").

The General Conditions are accessible at any time on the Website and prevail, if applicable, over any other version or any other contradictory document.

Such amendments shall be binding upon their being put online and shall not apply to contracts concluded previously. Each purchase from the Website is governed by the General Conditions applicable at the date of the order. 

The User acknowledges having read these General Conditions and accepted them by checking the box provided for this purpose, before completing an online order. By checking this box, You undertake to abide by these General Conditions and by the Conditions of Use herein.

A.P.C. uses the Website to offer for sale textile products and accessories manufactured by and/or for A.P.C. or its commercial partners, if any, (hereinafter referred to as the "Products") to Users browsing the A.P.C. Website.  The principal characteristics of the Products are shown on our Website. 

It is hereby stated that the purchase of Products on the Website is reserved for non-professional, natural persons aged 18 years or over who have full legal capacity.

The Website does not allow the purchase of Products for resale. In this respect, the User's attention is especially drawn to the fact that his/her orders must not exceed twenty (20) Products per order. A.P.C. may also, at its discretion, reject any order that is abnormal in character. Any order of a Product offered for sale on the Website implies the User's full and unreserved acceptance of these General Conditions.

The A.P.C. website is hosted by the Oxalide:
OXALIDE SASU - https://www.oxalide.com/ - a devops and cloud company
25 boulevard de Strasbourg 75010 Paris France
+33 (0)1 75 77 16 50

Placing an order

The A.P.C. Website is available 24 hours a day for You to place your order.
    
The ordering process consists of three (3) steps.

Once You have chosen your Products (size, colour and quantity) and submitted your order, You must:

    - Select one of the three following packaging options for the above-mentioned Products:
        - Option 1 - Standard packaging
        - Option 2 - Gift packaging
            . Option 2.1 Simple gift packaging
            . Option 2.2 Gift packaging with personalised 
    -  Create a new account or sign if you already have an account or order as a guest;
    - Accept the General Conditions by checking the box provided for this purpose on your order summary page (entitled "Order review");

    - Choose your preferred payment method.

Once You have chosen your payment method, You must make the payment for your order, thereby concluding the sale contract binding You to A.P.C.

The User shall verify the accuracy of his/her order and report any errors immediately.

The creation of an account automatically activates a subscription to A.P.C. informational emails. To unsubscribe, from your account click on "newsletter" and uncheck the corresponding box.

Product information

A.P.C. takes the utmost care in putting information concerning the basic characteristics of the Products online, in particular by using detailed data sheets and numerous photographs illustrating the Products, in compliance with the highest market standards. 

Only Products appearing on the Website at the date of the Customer's order are offered for sale. 

The Product and price offers shall be valid for as long as they appear on the Website.

Price

The prices charged are those displayed on the Website at the time of ordering.

These prices do not include delivery costs.

Sales prices for shipments to:

  • the European Union (Germany, Latvia, Austria, Lithuania, Belgium, Luxembourg, Bulgaria, Malta, Cyprus, Netherlands, Poland, Spain, Portugal, Estonia, Czech Republic, Finland, Romania, France, Greece, Slovakia, Hungary, Slovenia, Ireland, Sweden, Italy) are inclusive of taxes based on the rate of value-added tax (VAT) in effect in the country in which the goods are delivered;

  • destinations outside of the European Union, including Switzerland and Norway, are exclusive of taxes. The taxes are payable by You upon receipt of the package, in accordance with the laws in force in the destination country. As orders are shipped from France, VAT will be requested by the courier upon receipt of the package, after customs clearance;

  • the United Kingdom factor in taxes, customs charges and other import costs. No additional customs charges are anticipated on delivery;

  • Denmark are expressed in Danish krone (DKK) and are inclusive of taxes.

The Customer will be informed of the flat-rate amount charged for delivery when choosing their Product(s) and this will be invoiced at the end of the order, on the order summary page, in addition to the price of the selected Products.

Availability

The Products available for sale are those that appear on the Site (hereinafter "Online Products"); the offerings are valid for as long as they appear on the Site. If Online Products selected by the Customer are no longer available, A.P.C. will offer the Customer, where appropriate, Products available in stores (hereafter "Store Products"). 

Secure payment

The price is payable in full, on the day the order is placed by the User.

The following payment methods are accepted by A.P.C.: 

    - Payment by bank card (Carte Bleue, Visa or MasterCard) 
    - Payment by American Express card
    - Payment by PayPal
    - Payment by Amazon Pay

    - Payment  by Klarna (several payment options available depending on the country of delivery: 3 fee- and interest-free instalments, payment within 30 days, etc.)

Your order will be debited when shipped, provided authorisation to debit your account has first been received from the relevant payment centres, otherwise your order cannot be completed.

The bank's authorisation server is secured by S.S.L (Secure Socket Layer) encryption to provide optimum protection for all means-of-payment data, and at no time is any User banking data routed through A.P.C.'s I.T. system.

Under our commitment to payment security, we wish to inform You that A.P.C. performs a reliability check on the information received when an order is made.

This step is part and parcel of our determination to curb Internet payment fraud and thus protect all consumers.

Accordingly, the A.P.C. customer care team may require You, in certain cases, to provide additional information (e.g., a copy of an identity document, proof of address) to enable us to confirm your purchase and dispatch your parcel.

In this case, to ensure timely dispatch of your order, we advise You to provide a land-line telephone number where You can be easily contacted, and provide us with confirmation of the information entered or send us the documents requested during the day.

Delivery terms and methods

A.P.C. delivers to all countries world-wide, except the United States, Canada, Japan and South Korea. When ordering from these countries, we would ask You to log on to their dedicated websites. For the United States and Canada, click here. For Japan, click here. For South Korea, click here.

Your order will be delivered to the address supplied when the order is placed.

Delivery consists of the transfer to the User of the physical possession or control of the Products.

Depending on the country of delivery, A.P.C. offers three delivery methods:

- Collection point delivery – Chrono Relais: within one to six (1-6) working days for France, the European Union, Switzerland and Norway, except in exceptional circumstances,

- Home Delivery – Standard: within one to six (1-6) working days for France, the European Union, Switzerland, Norway, Iceland, Reunion, Lichtenstein, Jersey and Guernsey, except in exceptional circumstances,

- Home Delivery – Express: within one to six (1-6) working days, for all countries where A.P.C. delivers, except in exceptional circumstances.

When the Customer's order consists solely of Online Product(s) (hereinafter referred to as an "Online Order"): the Customer is responsible for choosing the delivery method when placing the order.

However, if one or more Online Products are unavailable and the Customer has been offered one or more Store Products:

    - When an order consists solely of Store Product(s) (hereinafter a "Store Order"), delivery will be made via one of the two available methods – Standard Home Delivery or Express Home Delivery – except in exceptional circumstances;

    - When the order consists of both Online Products and Store Products (hereinafter a "Mixed Order"), two distinct order numbers will be sent to the Customer, the order will be delivered in separate packages, and the Customer will be able to choose the delivery method for both of these from those available on the site. Store Products will be shipped in separate packages within a maximum of five (5) business days.

An order placed on a Saturday, Sunday or public holiday will be confirmed and processed on the next working day thereafter.

Delivery costs are fixed and are invoiced to the Customer at the rate in effect on the day the order is placed:

  • For Online Orders and Store Orders, delivery costs correspond to the current rate of the delivery method chosen by the Customer, which is specified when the Customer places the order:

  • For Mixed Orders, delivery costs correspond to the current rate of the delivery method chosen by the Customer for the Online Products only, which is specified when the Customer places the order:

Delivery costs are free for one or more delivery methods (depending on the delivery country) for orders equal to or over eighty (80) euros / pounds sterling inc. VAT or five hundred and ninety-five (595) Danish krone. In the case of Mixed Orders, delivery is free if the total amount for the Online Products and the Store Products is equal to or over eighty (80) euros including tax.

You will be notified of the indicative date of delivery of your order on the site under "order summary". Although the delivery times provided are merely indicative, A.P.C. undertakes to do its best to deliver the Products ordered by the Customer within these time-frames.

Your signature will be requested on delivery (except in the event of a specific situation, such as the measures taken with the health crisis linked to COVID-19).

If you are not present, a delivery note will be put in your letter box, which will enable you to collect your package from the courier.  Packages are held for collection for seven (7) calendar days.

Where a parcel is not received within the stated time, the matter is investigated with the carrier; this may require up to twenty-one (21) working days.

Where the order is not received within the time specified above, for any reason other than force majeure or the actions of the User, any sale may be cancelled at the Customer’s written request, in accordance with Articles L216-6 and L216-7 of the French Consumer Code (Code de la consommation). All amounts paid by the User will then be refunded to him/her no later than fourteen (14) days following the date of termination of the contract, save for any compensation or deduction.

On receipt of his/her order, the User shall check the compliance of the Products received in performance of that order. Any anomaly affecting the delivery (namely: missing or damaged Products, damaged parcels) must first, without fail, be noted on the delivery slip in the form of handwritten, signed reservations to the carrier. Following this, any anomaly must be reported as soon as possible after receipt of the Products to the A.P.C. customer care team: 

    - By letter via ordinary post to A.P.C., Service clients web, 39 rue Madame, 75006 Paris, France;
    - By e-mail by clicking here;
    - By telephone on +33 (0)1 53 63 43 79 from Monday to Thursday 9:30 am to 12:30 pm and 2 pm to 6 pm and Friday 9:30 am to 12:30 pm and 2 pm to 4:30 pm.

A.P.C. reserves the right to ask the Customer to return non-conforming or damaged Product(s).

In the event of abnormal or unreasonable returns, A.P.C. may refuse to honour any future order.

Transfer of ownership – transfer of risks

The transfer of ownership of the Products to the User will take place after payment of the price by the latter, and this regardless of the delivery date of the Products.

Pursuant to the provisions of Article L216-2 of the French Consumer Code, the transfer of risk of loss and damage to the Products will occur only when the User takes physical possession of them.

Right of withdrawal ("cooling off period") with refund

In accordance with the applicable legal provisions, the User has a period of fourteen (14) days from the date of receipt to exercise his/her right to withdraw from the contract with A.P.C., without having to provide any explanation or pay any penalty, provided that the Product(s) is (are) returned in its (their) original condition, neither worn nor washed, within fourteen (14) days of communication of the decision to withdraw.

Damaged, soiled or incomplete Products will not be accepted.

The Product(s) must be returned in its (their) original inner and outer packaging, to the following address:

A.P.C.
CROSSLOG
104 Rue Denis Papin
77550 Moissy Cramayel
France

The right of withdrawal may be exercised by contacting the customer care team:  

    - By e-mail by clicking here;
    - By telephone on +33 (0)1 53 63 43 79 from Monday to Thursday 9:30 am to 12:30 pm and 2 pm to 6 pm and Friday 9:30 am to 12:30 pm and 2 pm to 4:30 pm.
   - For guest checkout orders, via the “request a return” section of the Site.

Return costs for the package shall be borne by A.P.C. Upon internal validation of the return request, A.P.C. Customer Services will send You a prepaid return label by email for you to attach to the package.  You can drop off the package at one of the courier's collection points, following the instructions on the prepaid return label.

If the above-mentioned conditions are fulfilled, A.P.C. shall provide the User with a refund in the amount of his/her order (including the shipping fees) on the date A.P.C. receives the Products.

Exchanges

It is not possible to exchange items online. If Products ordered via the Website are not suitable, Customers should return the relevant Products under the conditions set out in the “Right to cancel with refund” section above and, where applicable, place a new order. 

Guarantees/After-sales service

After-sales service:

Leather goods, small leather goods and belts (hereafter the “Product”) are eligible for after-sales service (hereafter “A.P.C. ASS”). Under this service, A.P.C. may, at its discretion, repair the Product, refund it, or provide a voucher. A.P.C. ASS does not entitle the Customer to receive a refund for a Product as a result of abnormal use of the Product.

A.P.C. ASS may be provided, for the Product, free of charge in respect of any fault arising within a period of one (1) year after the date of purchase of the Product. The Customer must therefore be able to prove the date of purchase of the Product.

After this period of one (1) year or when the fault results from abnormal use or when the Customer cannot prove that the date of purchase is within the past one (1) year, the Customer may take up A.P.C. ASS but it will be provided at a specific price, subject to the Customer's prior approval.

Any product for which the Customer wishes to seek A.P.C. ASS, free of charge or at his/her expense, must first be submitted to A.P.C. ASS, whose approval is essential for any repair, or any granting of a refund or voucher. To do this, the Customer may take the Product to any A.P.C. store in France, or submit it remotely, sending his/her request for the service, accompanied by the associated supporting documents (proof of date of purchase, photographs, etc.) to the following email address: sav@apc.fr.

The Customer is informed that any Product(s) submitted and accepted in store by A.P.C. ASS may not be returned by A.P.C. ASS by post, and vice versa.

After an expert assessment of the Product by A.P.C. ASS, which will check whether it can take responsibility for the Product under the terms of this service, A.P.C. ASS will tell the Customer whether the Product will be repaired or refunded, inform the Customer of the procedures involved in the service and any cost, and give an indication of how long the process will take. A.P.C. ASS alone will choose the solution it deems most appropriate.

It is hereby stated that when the Customer submits his/her Product remotely, he/she shall pay the costs of shipping the Product to A.P.C. ASS and use a courier that provides a parcel tracking number. The Product(s) is/are returned to A.P.C. ASS at the Customer's risk. A.P.C. cannot be held responsible for any returned Products that might have been lost or damaged during transit. If the Customer has demonstrated a date of purchase within the last one (1) year, and use of the Product is regarded as normal by A.P.C. ASS, the costs of returning the Product will be paid by A.P.C. If the date of purchase is not within the last one (1) year or when the fault results from abnormal use or if the Customer is not able to prove that the date of purchase is within the last one (1) year, the return shipping costs will be billed to the Customer, in addition to the cost of the A.P.C. ASS services. Returns are shipped by A.P.C. ASS using La Poste's Colissimo service. When the Customer submits a Product remotely, and when the A.P.C. ASS services are billed to the Customer, these services shall be paid for only by PayPal.

For more information, you can contact A.P.C. ASS on  + 33 (0)1 53 63 43 79.

Legal guarantees:

Regardless of the after-sales service, A.P.C. remains liable for any lack of conformity of the Products and for any crippling defects under the conditions described in articles L. 217-3 and subsequent of the French Consumer Code and article 1641 et seq of the French Civil Code.

All our products are covered by the statutory guarantee system, provided that they are used in a normal way and that the maintenance advice is followed.

When the Customer invokes the legal conformity guarantee, he/she:

    - Has a warranty period of two (2) years from delivery of the Product;

    - This warranty period applies without prejudice to article 2224 et seq. of the French Civil Code, under which a statute of limitations begins on the date on which the Customer becomes aware of the lack of conformity;
    - May choose between repair or replacement of the Product, subject to the cost conditions described in article L. 217-9 of the French Consumer Code;
    - Is not required to prove that the article lacks conformity on the day it is delivered if this non-conformity appears within twenty-four (24) months of said delivery.

The legal conformity guarantee applies regardless of any commercial guarantee given.

The Customer may decide to enforce the guarantee against hidden defects in the sold product as defined by article 1641 of the French Civil Code, and in this eventuality he/she may choose between rescission of the sale and reduction of the sale price, pursuant to article 1644 of the French Civil Code.

The Seller shall deliver goods that comply with the contract and the criteria set forth in Article L. 217-5 of the French Consumer Code and is liable for any compliance defects in existence at the time of delivery or that appear within two (2) years of delivery.

Article L. 217-4 of the French Consumer Code:

The Product complies with the contract when:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is fit for any special purpose intended by the consumer, which was made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;

3° It is delivered with all the accessories and installation instructions to be provided in accordance with the contract;

4° It is updated in accordance with the contract.

Article 1641 of the French Civil Code:

The seller is bound by the legal guarantee against hidden defects in the sold product that make the product unfit for its intended purpose, or which so diminish this purpose that the buyer would not have bought it, or would only have paid a lesser price for it, had he/she known about them.

Article 1648 paragraph 1 of the French Civil Code:

Action resulting from the crippling defects must be instituted by the buyer within two years from discovery of the defect(s).

Data protection

Personal data:

In application of the French Data Protection Act (Loi Informatique et Libertés) No. 78-17 of 6 January 1978, all personal data requested from the User is required to process his/her order and to prepare invoices.

A.P.C. processes personal data for the purposes of customer relations and market canvassing. Click here to find out more.

Pursuant to the French Data Protection Act of 6 January 1978, the User has a right to access, correct and require removal of any data concerning him/her. To exercise that right, the User should write to the following address: A.P.C., service clients A.P.C., 39 rue Madame, 75006 Paris France.

Miscellaneous provisions

Force majeure:

A.P.C. shall not be liable for complete or partial non-performance of its obligations hereunder if such non-performance is caused by an event constituting force majeure, particularly in the event of flood, fire, disturbance of or total or partial strike in, among others, the postal services and means of transport and/or communication.

A.P.C. shall notify the User of any event constituting force majeure within five (5) working days of its occurrence.

The parties hereby agree to consult as soon as possible in order to determine the conditions for processing the order while the force majeure circumstances persist.

After one (1) month of interruption by reason of force majeure, the parties hereto shall be released from their obligations to each other. Where applicable, A.P.C. shall refund the Purchaser as soon as possible.

Entire agreement:

These General Conditions and the order summary transmitted to the User form the entire contract that embodies all agreements made between the parties.

Applicable law and jurisdiction:

These General Conditions and the contractual relations between A.P.C. and the User shall be governed by French law. 

ALL DISPUTES WHICH MIGHT ARISE FROM SALE AND PURCHASE TRANSACTIONS CONCLUDED UNDER THESE GENERAL CONDITIONS IN RELATION TO THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES AND REPERCUSSIONS AND WHICH CANNOT BE RESOLVED BETWEEN A.P.C. AND THE USER WILL BE REFERRED TO THE COMPETENT COURTS IN ACCORDANCE WITH THE ORDINARY RULES OF LAW.

Nevertheless, A.P.C. undertakes to seek an out-of-court resolution before taking any legal action.

The User is informed that he/she may, in any event, engage in conventional mediation, in particular via the French consumer mediation commission (Commission de médiation de la consommation) (Article L534-7 of the French Consumer Code) or the existing sectoral mediation bodies, or any alternative dispute resolution method in the case of dispute.

Intellectual property

The entire content of the A.P.C. Website (illustrations, texts, wordings, trademarks, images and videos) is the property of A.P.C. Any reproduction of all or part of the content by any process and on any medium whatsoever requires the prior and express permission of A.P.C.

A.P.C. is not authorised to give You permission to copy, display or distribute any content for which You do not possess the intellectual-property rights. Any use of such content in breach of the rights held in it by third parties constitutes an infringement offence, incurring severe penalties under the French Intellectual Property Code (Code de la Propriété Intellectuelle).

Under no circumstances will A.P.C. be held liable for a User's infringement of rights held by third parties where such infringement is committed by virtue of such User's activity on the Website.

Pre-contractual information – User Acceptance

The User acknowledges having received notice, prior to placing the order, in a legible and understandable manner, of these General Conditions and all information prescribed in Articles L111-1 to L111-7 and et L221-5 of the French Consumer Code, and especially:

    - The fundamental characteristics of the Product, taking into account the communication medium used and the Product concerned;
    - The price of the Product and its associated costs;
    - If the contract is not performed immediately, the date on or period in which A.P.C. undertakes to deliver the Product;
    - Information regarding the identity of A.P.C., its postal, telephone and electronic contact details and its activities, provided they are not apparent from the context;
    - Information on statutory warranties and how they are implemented;
    - The functionalities of the digital content and, if applicable, its interoperability;
    - The option to make use of conventional mediation in case of a dispute;
    - Information regarding the right of withdrawal.

The placing of an order on the Site by a natural person implies agreement to and complete acceptance of all these General Conditions, which is expressly acknowledged by the User, who specifically waives recourse to any document stating otherwise, which documents shall be unenforceable against A.P.C.

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