GENERAL TERMS AND CONDITIONS OF SALE – ONLINE (CONSUMERS)

 

PREAMBLE 

The terms and conditions of sale set out below (hereinafter referred to as the "General Conditions") exclusively govern the contractual relations between any non-professional user of the A.P.C. website (hereinafter referred to as the "Customer" or "You") and the merchant operating the A.P.C. website belonging to A.P.C. (Atelier de Production et de Création), a company with a share capital of €225,855.11, having its registered office at 39 rue Madame, 75006 Paris, France, and registered with the Paris Trade and Companies Register under number 334 140 167, with intra-Community VAT number FR09334140167 (hereinafter referred to as "A.P.C.").

These General Conditions are the only ones applicable and supersede all other conditions, except in the case of prior, express, and written derogation.

A.P.C. may occasionally be required to amend certain provisions of the General Conditions; therefore, it is necessary that these be re-read before placing any order on the A.P.C. website (hereinafter referred to as the "Site").

The General Conditions are accessible on the Site at all times and shall prevail, as the case may be, over any other version or conflicting document. They may be updated at any time by A.P.C.

These amendments shall be enforceable as from their publication online and shall not apply to contracts concluded previously. Each purchase on the Site is governed by the General Conditions applicable on the date the order is placed.

The General Conditions of Sale are drafted in the French language in their original version, which shall prevail over any other version in the event of uncertainty or contradiction.

The Customer declares that they have read these General Conditions and have accepted them by checking the box provided for this purpose prior to completing the online ordering process. By checking this box, You undertake to comply with these General Conditions as well as the terms of use contained herein.

The Site allows A.P.C. to offer for sale textile products and accessories manufactured by and/or for A.P.C. or its potential business partners (hereinafter referred to as the "Products") to Customers browsing the Site. The main characteristics of the Products are presented on our Site.

It is specified that purchases of Products on the Site are reserved for non-professional natural persons over 18 years of age possessing full legal capacity.

The Site does not permit the purchase of Products for resale. In this respect, the Customer's attention is particularly drawn to the fact that their orders must not exceed twenty (20) Products per order. A.P.C. also reserves the right to refuse any order of an abnormal nature. Any order for a Product offered on the Site implies the Customer's full and unreserved acceptance of these General Conditions.

 

ARTICLE 1. ONLINE ORDERS 

To place your order, A.P.C. makes its website available to you 24 hours a day, 7 days a week.

The ordering process is as follows: Once your selection of Products has been made (size, color, quantity), and your shopping cart validated, You must:

• Select one of the following three 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 a personalized card
• Create your account, log in if your account already exists, or place an order as a guest;
• Accept the General Conditions by checking the box provided for this purpose on the summary page of your order (entitled "Summary");
• Select your payment method.

Once your payment method has been selected, You must proceed with the payment of your order, which will firmly and definitively formalize the sales contract binding You to A.P.C.

It is the Customer's responsibility to verify the accuracy of their order and to report any error immediately.

 

ARTICLE 2. PRODUCT INFORMATION 

A.P.C. takes the greatest care in posting information online relating to the essential characteristics of the Products, notably by means of detailed descriptions and multiple photographs illustrating the Products, in accordance with the best market standards.

Only Products appearing on the Site on the day of the Customer's order are offered for sale.

Product offers and prices are valid for as long as they are visible on the Site.

 

ARTICLE 3. PRICES 

The prices applied are those shown on the Site at the time of order placement.

These prices do not include delivery costs.

Selling 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 all taxes ("TTC") according to the Value Added Tax ("VAT") rate in force in the country where the goods are delivered;
• For shipments outside the European Union, including Switzerland and Norway, are exclusive of tax ("HT"). Taxes are to be paid by You upon receipt of the parcel in accordance with the laws in force in the destination country. Since orders are shipped from France, VAT will be requested by the carrier upon receipt of the parcel, after customs clearance;
• For shipments to the United Kingdom, include taxes, customs duties, and other import fees. No additional customs fees are to be expected upon delivery;
• For shipments to Denmark, are indicated in Danish Krone (DKK) and are inclusive of tax (TTC).

The fixed amount of delivery costs will be indicated to the Customer during their choice of Product(s) and will be invoiced to them at the end of the order on the order summary page, in addition to the price of the selected Products.

 

ARTICLE 4. AVAILABILITY OF PRODUCTS 

Products available for sale are those appearing on the Site (hereinafter "Internet Products"); offers are valid as long as they appear on the Site. If the Internet Products selected by the Customer are no longer available, A.P.C. will offer the Customer, where applicable, Products available in stores (hereinafter "Store Products").

 

ARTICLE 5. TERMS OF PAYMENT 

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

A.P.C. provides you with the following payment methods:

• Payment by bank card (CB, Visa, or Mastercard)
• Payment by American Express card
• Payment by PayPal
• Payment by Shop Pay
• Payment by Klarna (depending on the country of delivery, several payment solutions available: 3 installments interest-free, payment in 30 days, etc.)

Your order will be debited upon shipment of your order, subject to obtaining prior debit authorization from your account from the competent payment centers, failing which your order cannot be processed.

The bank's server is secured by SSL (Secure Socket Layer) encryption in order to protect all data related to payment methods as effectively as possible, and ensuring that at no time does the Customer's banking data pass through A.P.C.'s IT system.

In accordance with our commitment to payment security, we inform You that A.P.C. verifies the reliability of the information entered when registering an order. This approach is part of the desire to fight against internet payment fraud and thus protect all consumers.

Consequently, A.P.C. customer service may ask You, in certain cases, for additional information (such as: copy of identity document, proof of address) in order to validate your purchase and ship your parcel.

In this case, to ensure the shipment of your order within the scheduled timeframe, we recommend that you provide a landline telephone number where you can easily be reached, and confirm the information entered or resend the requested documents within the day.

 

ARTICLE 6. DELIVERY METHODS 

A.P.C. delivers to all countries worldwide, with the exception of North America (United States and Canada), Japan, and South Korea. To order from these countries, please log on to the 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 provided during your order placement.

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

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

• Pick-up 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, Réunion, Liechtenstein, Jersey, Guernsey, except in exceptional circumstances,
• Home Delivery – Express, within one to six (1-6) working days for all countries served by A.P.C., except in exceptional circumstances.

When the Customer's order consists solely of Internet Product(s) (hereinafter the "Internet Order"): the choice of delivery method rests with the Customer when placing their order.

However, if Internet Product(s) is/are unavailable and the Customer was offered Store Product(s):

• When the order consists solely of Store Product(s) (hereinafter the "Store Order"), delivery will be made via one of the two available delivery methods: Home Delivery – Standard or Home Delivery – Express, except in exceptional circumstances;
• When the order consists of both Internet Products and Store Products (hereinafter the "Mixed Order"), two separate order numbers will be communicated to the Customer, delivery will be made in separate parcels, and the Customer may choose the delivery method for both orders from those available on the site. Store Products will be shipped in separate parcels within a maximum of five (5) working days.

An order placed on a Saturday, Sunday, or public holiday will only be validated and processed as from the following working day.

Shipping costs are flat-rate and are invoiced to the Customer at the rate in force on the day of the order:

• For Internet Orders and Store Orders, shipping costs will correspond to the rate in force for the delivery method chosen by the Customer, indicated when the order is placed by the Customer;
• For Mixed Orders, shipping costs will correspond solely to the rate in force for the delivery method chosen by the Customer for the Internet Products, indicated when the order is placed by the Customer.

Shipping costs are free for one or more delivery methods (depending on the destination country) for any order greater than or equal to two hundred and thirty (230) euros / British pounds inclusive of tax (TTC) and one thousand seven hundred and sixteen (1,716) Danish krone. In the case of a Mixed Order, shipping costs are free if the cumulative amount of Internet Products and Store Products is greater than or equal to two hundred and thirty (230) euros TTC.

The delivery date of your order will be communicated to You on the Site in your "Order Summary".

Your signature will be required upon delivery (except in special circumstances such as measures taken in connection with the COVID-19 health crisis).

In case of absence, a delivery notice is left in your mailbox, allowing you to collect your parcel from the carrier. Parcels are held on standby for seven (7) calendar days.

In the event of non-receipt of a parcel within the indicated timeframes, the Customer is invited to inform A.P.C. customer service. A.P.C. shall immediately initiate an inquiry with the carrier.

In the event of non-receipt of the order within the time limits set out above, for any reason other than force majeure or the act of the Customer, any sale may be canceled at the request of the Customer, under the conditions provided for in Articles L. 216-6 and L. 216-7 of the French Consumer Code. In accordance with the provisions of Article L. 221-24 of the French Consumer Code, sums paid by the Customer shall then be refunded to them without unjustified delay and, in any event, no later than fourteen (14) days from the date on which the Customer informed A.P.C. of their decision to withdraw.

Any anomaly must be reported as soon as possible following receipt of the Products to A.P.C. customer service, without prejudice to the statutory two-year warranty period from which the Customer benefits as from the date of receipt of the parcel:

• By simple mail, by writing to A.P.C., Service client web, 39 rue Madame, 75006 Paris, France,
• By email by clicking here,
• By telephone at +33 (0)1 53 63 43 79 from Monday to Thursday from 9:30 am to 12:30 pm and from 2:00 pm to 6:00 pm, and Friday from 9:30 am to 12:30 pm and from 2:00 pm to 4:30 pm.

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

In the event of abnormal or abusive returns, A.P.C. may refuse to fulfill a subsequent order.

 

ARTICLE 7. TRANSFER OF TITLE AND TRANSFER OF RISK 

7.1 Transfer of title

The transfer of title to the Products in favor of the Customer shall be realized after payment of the price by the latter, regardless of the delivery date of the Products.

7.2 Transfer of risk

In accordance with the provisions of Article L. 216-2 of the French Consumer Code, the transfer of risk of loss and damage relating thereto shall only be realized at the moment when the Customer takes physical possession of the Products.

 

ARTICLE 8. PRODUCT RETURN PROCEDURES AND RIGHT OF WITHDRAWAL 

In accordance with the provisions of Article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from the date of receipt of the parcel to exercise their right of withdrawal with A.P.C., without having to give reasons or pay any penalty, provided that the Product is returned in a resalable and undamaged condition.

Subject to compliance with the conditions set out above, the Company shall refund to the Customer the price of the returned Products, including VAT and any other taxes (excluding potential customs duties), within a maximum period of fourteen (14) days following receipt of the returned Products. The refund shall be made using the payment method used at the time of Your purchase.

In the event that Your order is subject to multiple parcels received on different dates, the withdrawal period within the meaning of the above-mentioned provisions begins to run from the receipt of the last parcel.

The Product(s) must be returned in its (their) original 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 customer service:

• By email by clicking here
• By telephone at +33 (0)1 53 63 43 79 from Monday to Thursday from 9:30 am to 12:30 pm and from 2:00 pm to 6:00 pm, and Friday from 9:30 am to 12:30 pm and from 2:00 pm to 4:30 pm

Only the costs of the first parcel will be borne by A.P.C.

Upon internal validation of the return request, A.P.C. customer service will send You a prepaid return label by email to be affixed to the parcel. You may drop off the parcel at one of the carrier's collection points, in accordance with the instructions provided on the prepaid return label. If the aforementioned conditions are met, A.P.C. will refund the Customer for their order, including delivery costs, on the day of receipt of the returned Products.

Any additional return request for the same order shall be at the Customer's expense.

 

ARTICLE 9. EXCHANGES 

Online exchanges are not possible.

If the Product(s) ordered on the Site is/are not suitable, the Customer must return the Product(s) concerned under the conditions set out in the "Right of withdrawal with refund" section above and, where applicable, place a new order.

 

ARTICLE 10. AFTER-SALES SERVICE 

Leather goods, small leather goods, and belts (hereinafter the "Product") may benefit from an after-sales service (hereinafter referred to as "A.P.C. After-Sales Service"). A.P.C. After-Sales Service does not cover refunds for a Product resulting from abnormal use of the Product.

A.P.C. After-Sales Service may intervene for the Product free of charge for any defect occurring within a period of one (1) year from the date of purchase of the Product. The Customer must therefore be able to prove the date of purchase of the Product.

Beyond this one (1) year period, or when the defect results from abnormal use, or when the Customer is unable to prove that the purchase date is prior to one (1) year, A.P.C. After-Sales Service may be requested by the Customer but will be subject to a specific fee, subject to the Customer's prior approval.

Any product intended to benefit from A.P.C. After-Sales Service, whether free of charge or for a fee, must be submitted in advance to A.P.C. After-Sales Service, whose agreement is essential for any repair, refund, or store credit. To do so, the Customer may bring the Product directly to A.P.C. stores located in France or proceed remotely by sending their request for service implementation, accompanied by relevant supporting documents (proof of purchase date, photographs, etc.), to the following email address: sav@apc.fr.

It is specified to the Customer that Product(s) deposited and accepted in-store by A.P.C. After-Sales Service cannot be returned by A.P.C. After-Sales Service by mail, and vice versa.

Following inspection of the Product by A.P.C. After-Sales Service, which will verify in particular whether the Product can be covered under this service, A.P.C. After-Sales Service will inform the Customer whether the Product will be repaired or refunded and will detail to the Customer the operational modalities of the service, potential cost, and indicative processing times. A.P.C. After-Sales Service alone shall choose the solution that appears most suitable.

It is specified in advance that when proceeding remotely, the Customer shall bear the shipping costs for sending the Product to A.P.C. After-Sales Service and must use a carrier providing a parcel tracking number. The Product(s) is/are returned to A.P.C. After-Sales Service under the Customer's responsibility. A.P.C. shall not be liable for returned Product(s) lost or damaged in transit. If the Customer has proven a purchase date under one (1) year and the use of the Product is deemed normal by A.P.C. After-Sales Service, return shipping costs will be borne by A.P.C. If the purchase date is greater than one (1) year, or when the defect results from abnormal use, or if the Customer is unable to prove that the purchase date is prior to one (1) year, return shipping costs will be charged to the Customer in addition to the cost of A.P.C. After-Sales Service services. Returns are carried out by A.P.C. After-Sales Service via Colissimo. When the Customer proceeds remotely and A.P.C. After-Sales Service services are charged to the Customer, payment for these services shall be made solely via PayPal.

For further information, you may contact A.P.C. After-Sales Service at +33 (0)1 53 63 43 79.

 

ARTICLE 11. STATUTORY WARRANTIES 

Independently of after-sales service, A.P.C. remains bound by lack of conformity of Products and redhibitory defects under the conditions provided for in Articles L. 217-3 et seq. of the French Consumer Code and Articles 1641 et seq. of the French Civil Code.

All our products benefit from the statutory warranty regime, provided that usage was normal and care instructions were followed.

A.P.C. is liable for any lack of conformity existing at the time of delivery of the Product and appearing within a period of two (2) years from that date.

The Customer's right of action resulting from this lack of conformity lapses in accordance with the statutory time limits in force in their country of residence, which may not expire before the end of the two (2) years mentioned above.

The statutory warranty of conformity applies independently of any commercial warranty that may be granted.

The Customer may decide to enforce the warranty against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code; in this scenario, they may choose between cancellation of the sale or a reduction in the purchase price in accordance with Article 1644 of the French Civil Code.

The seller delivers goods in conformity with the contract and the criteria set out in Article L. 217-5 of the French Consumer Code, and is liable for defects of conformity existing upon delivery and which appear within a period of two (2) years from delivery.

 

ARTICLE 12. DATA PROTECTION AND PRIVACY 

In application of Data Protection Law No. 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer is necessary for processing their order and issuing invoices.

Personal data is processed by A.P.C. for the purposes of customer relationship management and commercial prospecting. To learn more, click here.

In accordance with Data Protection Law No. 78-17 of January 6, 1978, the Customer has a right of access, rectification, and objection regarding their personal data. To exercise this right, the Customer must send a letter to the following address: A.P.C., Service clients A.P.C., 39 rue Madame, 75006 Paris, France.

 

ARTICLE 13. MISCELLANEOUS PROVISIONS

13.1. Force Majeure

A.P.C. shall not be held liable for total or partial non-performance of its obligations under this contract if such non-performance is caused by an event constituting force majeure within the meaning of Article 1218 of the French Civil Code, including in the event of disruption or total or partial strike, notably of postal services and means of transport and/or communication, flood, or fire.

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

The parties agree to consult as soon as possible to determine the procedures for processing the order during the duration of the force majeure event.

Beyond a period of one (1) month of interruption due to force majeure, the parties shall be released from their obligations toward one another. Where applicable, A.P.C. shall refund the Buyer as soon as possible.

13.2. Entire Agreement

These General Conditions and the order summary sent to the Customer form a contractual whole summarizing all agreements made between the parties.

 

ARTICLE 14. GOVERNING LAW AND JURISDICTION 

These General Conditions and the contractual relationship between A.P.C. and the Customer are governed by French law.

The General Conditions are drafted in the French language in their original version, which shall prevail over any other version in the event of uncertainty or contradiction.

Failing amicable agreement, any dispute arising from the application or interpretation of these general terms and conditions shall be brought before the French courts, which shall have exclusive jurisdiction. It is specified, however, that in accordance with EC Regulation 593/2008 of June 17, 2008, the Customer may rely on any provision more favorable under the law of the country in which they have their habitual residence.

Any complaint to A.P.C. customer service must be sent to the following address: A.P.C. Service clients web, 39 rue Madame 75006 Paris France

In the event of failure of the complaint request made by the Customer to Customer Service or in the absence of a response from this service within two (2) months, the Customer may submit the dispute between them and A.P.C. to the mediator whose contact details are indicated below, who will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution, under the conditions provided for in Articles L. 611-1 et seq. of the French Consumer Code: A.P.C. 39 rue Madame 75006 Paris France

The Customer is informed that they can access the European Online Dispute Resolution (ODR) platform between consumers and traders by clicking here.

 

ARTICLE 15. INTELLECTUAL PROPERTY 

All content on the A.P.C. Site (illustrations, text, terminology, trademarks, images, videos) is the property of A.P.C. Any partial or total reproduction of the content by any process whatsoever and on any medium is subject to prior express authorization from A.P.C.

A.P.C. cannot grant You permission to copy, display, or distribute any content for which You do not hold intellectual property rights. Any use of this content in violation of third-party rights constitutes the offense of infringement, severely punishable under the French Intellectual Property Code.

A.P.C. shall in no way be held liable for a Customer's violation of rights held by third parties resulting from the Customer's activities on the Site.

 

ARTICLE 16. PRE-CONTRACTUAL INFORMATION AND CUSTOMER ACCEPTANCE 

The Customer acknowledges having received communication, prior to placing their order, in a legible and understandable manner, of these General Conditions and all information listed in Articles L. 111-1 to L. 111-8 and L. 221-5 of the French Consumer Code, including:

• The essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
• The price of the Product and its associated fees;
• In the absence of immediate performance of the contract, the date or period by which A.P.C. undertakes to deliver the Product;
• Information relating to A.P.C.'s identity, postal, telephone, and electronic contact details, and its activities, insofar as they are not apparent from the context;
• Information relating to statutory warranties and their implementation procedures;
• The functionalities of digital content and, where applicable, its interoperability;
• The option to resort to conventional mediation in the event of a dispute;
• Information relating to the right of withdrawal.

The placing of an order on the Site by a natural person implies full and complete acceptance of and compliance with these General Conditions, which is expressly recognized by the Customer, who waives, in particular, relying on any conflicting document that would be unenforceable against A.P.C.