General Conditions of Sale


PREAMBLE
The general conditions of sale detailed below (hereinafter called the "General Conditions"), govern to the exclusion of all other terms the contractual relations between any user of the www.apc.fr website (hereinafter called a "User" or "You") and the merchant, apc.fr, belonging to A.P.C. (Atelier de Production et de Création) with registered 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 Corporate Register (hereinafter called "A.P.C."). These general conditions of sale shall be solely applicable, and they supersede all other conditions, except as otherwise exceptionally provided beforehand, expressly and in writing.

A.P.C. may need to amend without notice certain provisions of its general conditions, and accordingly, these conditions must be re-read beforehand whenever placing an order on the www.apc.fr website (hereinafter called the "Website").

Such amendments shall be binding upon their being put on-line and shall not apply to contracts concluded previously. each purchase at the Website is governed by the general conditions applicable at the date of the order.

By accessing the Website, 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 called the "Products") to Users browsing the www.apc.fr Website.

It is hereby stated that the purchase of Products on the website is reserved to non-trade natural persons aged 18 years or over and enjoying 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. We may also, at our 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 of Sale. Placing an order
To place your order, we make the following facilities available to you:
    - On the Internet at our Website: www.apc.fr 24 hours a day, 7 days a week
    - Via A.P.C. customer care: + 33 (0)1 49 87 04 04 Monday to Thursday, 9:00 a.m. to 6:00 p.m.; on Friday from 9:00 a.m. to 4:30 p.m.

The ordering process takes place in three (3) consecutive stages.
 
Once you have specified your Products (choosing size, colour scheme and quantity), and submitted your order, you must perform the following:
    - Create your account or identify you if your account already exists.
    - Accept the general conditions of sale by ticking the box for this purpose on the page summarising  your order (entitled "Summary"),
    - Choose your payment method.

Once you have chosen your payment method, you must make the payment for your order, thereby rendering firm and final the sale contract binding you to A.P.C.

Any creation of account activates automatically a subscription to the A.P.C. information e-mail.
To unsubscribe, from your A.P.C. account, click "newsletter" and select the appropriate choice.

Product information


A.P.C. takes the utmost care in placing information on-line concerning the basic characteristics of the Products, particularly 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, subject to availability of stock, for as long as they appear on the website.

The photographs reproduced and illustrating the products presented are not contractually binding. Price Sale prices are indicated in euros including VAT, and excluding delivery costs.

The Value Added Tax is the tax applicable on French territory.

 For shipping destination outside of the European Union, product prices are displayed exclusive of all taxes and duties.  As the recipient you are liable for all import duties , customs and local sales taxes  levied by the country  you are shipping to.  Import duty or tax costs will be invoiced to you directly by U.P.S. brokerage  and payment of these is necessary to release your order from customs on arrival.

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

The User shall be reminded of the fixed sum charged as a contribution to delivery costs, which shall be charged to him/her at the end of the order on the order summary page, in addition to the price of the products selected.


Availability

We shall honour your order subject to availability in our stock.

Where any of the Products is unavailable in our stock, we undertake to contact you by e-mail within a maximum of 15 days from the date of your order to inform you of the fact and to indicate to you where applicable the time within which the product could be delivered to you. You may then either maintain or cancel your order.

In the event that you maintain your order, with partial delivery, you will be debited only for the amount of the products delivered as and when they become available.

 Delivery terms and methods


We deliver to all countries world-wide, except North America (United States and Canada) Japan and South Korea.  When ordering from these countries, we would ask you to log on to the dedicated websites. for the United States and Canada, click here. For Japan, click here. For South Korea click here.

Our orders for shipment within the European Union (Germany, Latvia, Austria, Lithuania, Belgium, Luxembourg, Bulgaria, Malta, Cyprus, the Netherlands, Denmark, Poland, Spain, Portugal, Estonia, the Czech Republic, Finland, Romania, France, the United Kingdom, Greece, Slovakia, Hungary, Slovenia, Ireland, Sweden, Italy) are inclusive of VAT charged at the rate of Value Added Tax applicable on French territory.


All  orders outside of the European Union are shipped  on a DDU (Delivery Duty Unpaid)  basis. Product prices are displayed exclusive of all taxes and duties.  As the recipient you are liable for all import duties , customs and local sales taxes  levied by the country  you are shipping to.  Import duty or tax costs will be invoiced to you directly by U.P.S. brokerage  and payment of these is necessary to release your order from customs on arrival.

Your order will be delivered to you at the address you indicated to us when placing your order.

Where the product is available from stock, the estimated delivery date is determined by adding the following 2 items:
1. The dispatch time (24 to 48 hours) reckoning from the ordinary working day following receipt of the order: reliability checking of the information you input, reckoning from the registration of your payment + preparation of your order + collection of the parcel by the carrier.
2. The time taken by the carrier to deliver your parcel.
 
The final delivery date for your order will be communicated to you on the website in your Order Summary.
 
An order placed on a Saturday, Sunday or public holiday will be confirmed and processed on the next ordinary working day thereafter.
A.P.C. delivers by UPS

 - Within 2-3 ordinary working days for France, the European Union, Switzerland and Norway.

- Within 8 ordinary working days for destinations outside the European Union.

Your signature will be requested at delivery. In the event of absence, a failed delivery notice is posted in your letterbox, enabling you to collect your parcel at the carrier's relay.
Parcels are held available for collection within 7 calendar days.
Several standard prices are made for shipping costs depending on the carrier and delivery methods.

- From 11 euros  for the European Union (Latvia, Lithuania, Belgium, Luxembourg, Bulgaria, Malta, Cyprus, the Netherlands, Denmark, Poland, Spain, Portugal, Estonia, the Czech Republic, Finland, Romania, the United Kingdom,    Greece, Slovakia, Hungary, Slovenia, Ireland, Sweden, Italy)

-  From 25 euros for Switzerland and  Norway

-  from 50 euros for destinations outside the European Union.

Shipment is provided free of charge for all orders equal or in excess of 500 euros including VAT.

A.P.C. shall use its best efforts to adhere to the delivery times stated at the time of registering your order.

Where a parcel is not received within the stated time, the matter is investigated with the carrier; this may require up to 10 ordinary working days.

On receipt of his/her order, the User shall check the conformity of the Products received in execution of that order.

Any anomaly affecting the delivery (namely: Products missing or damaged, damaged parcels) must first, without fail, be indicated on the delivery note, in the form of handwritten, signed reservations to UPS.

Following this, any anomaly must be reported to A.P.C. customer care as soon as possible after receipt of the Products :

- writing by ordinary post to A.P.C., service clients V.P.C., 39 rue Madame, 75006 Paris, France; or

- by e-mail: click here;
or
- by telephone + 33 (0)1 49 87 04 04 Monday to Thursday, 9:00 a.m. to 6:00 p.m.; Friday from 9:00 a.m. to 4:30 p.m.

A.P.C. reserves the right to request the User to return to it the non-conforming or damaged Product.
In the event of abnormal or unreasonable returns, A.P.C. may refuse to honour any future order.

Secure payment

A.P.C. makes the following payment methods available to you:
    - payment by bank card (Carte Bleue, Visa or MasterCard)

    - payment by American Express card

    - payment by Paypal


The amount of your order is debited when the order is confirmed, provided authorisation to debit your account has first been received from the relevant payment centres, otherwise your order cannot be registered.

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 computer system.

Under our commitment to payment security, we wish to inform you that A.P.C. performs a reliability check on the information entered when registering an order.
This step is an integral part of our determination to curb Internet payment fraud and thus protect all consumers.

Accordingly, A.P.C. customer care may require you in certain cases to furnish 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 assure shipment of your order within the scheduled time, we advise you to indicate a fixed-line telephone number where you can be easily contacted, and to confirm to us the information entered or send us the documents requested within the day.

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

The User has fifteen (15) clear days from the date of receipt within which to return, the Products he/she has ordered.

If the last day of that time limit falls on a Saturday, a Sunday or a non-worked public holiday, the time limit shall be extended to the next ordinary working day thereafter.

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 

A return authorisation form  must be enclosed with the Product(s), please  log on to your "Account" page to access it. This authorisation form should be completed and printed out.

The parcel return costs shall be borne by A.P.C. Upon approval of the return request, A.P.C. customer care will e-mail you a UPS label, which you simply affix to your return parcel.

If the above-mentioned conditions are fulfilled, A.P.C. shall refund the amount of his/her order to the User, within fifteen (15) working days from receipt of the Products by A.P.C.

DURING SALE AND PRIVATE SALE

The User has seven (7) clear days from the date of receipt within which to return, the Products he/she has ordered.

If the last day of that time limit falls on a Saturday, a Sunday or a non-worked public holiday, the time limit shall be extended to the next ordinary working day thereafter.

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

 

Exchanges

 - In-store exchanges:
    Since the stores and the mail-order network operate independently, a product that has been purchased in one network
    cannot be returned or exchanged via the other network.

    - Refund via the Website / special cases:
If the conditions for return of the Products are fulfilled, A.P.C. will offer to refund the amount of the initial purchase.
    A.P.C. shall refund the amount of his/her order to the User, within fifteen (15) working days from receipt of the Products by A.P.C.


Warranty

All our products are covered by the statutory warranty scheme, provided normal use has been made of them and the care instructions have been followed.

Article L211-4 of the French Consumer Code:
The seller is required to deliver a product which conforms to the contract, and [he] is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out.

Article L211-5 of the French Consumer Code:
To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
    - It must correspond to the description given by the seller and have the features that the seller presented to the buyer
       in the form of a sample or model;
    - It must have the features that a buyer may reasonably expect it to have in view of the public statements made by the seller,
       the producer or his representative, including advertising and labelling;
2. Or it must have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and to which the latter agreed.

Article L211-12 of the French Consumer Code:
Action resulting from lack of conformity lapses two years after delivery of the product.

Article 1641 of the French Civil Code:
A seller is bound to a warranty on account of the latent defects of the item sold which render it unfit for the use for which it was intended, or which so hinder that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.

Article 1648 paragraph 1 of the French Civil Code:
The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice. Personal privacy and computerised data
Personal data:
A.P.C. processes personal data for purposes of customer relations and market canvassing. pursuant to the French Data Protection Act (Loi Informatique et Libertés) of 6 January 1978, as amended by the Act of 6 August 2004, the Customer has a right to access, rectify and require removal of any data concerning him/her. To exercise that right, the Customer should write to the following address: A.P.C., service clients V.P.C., 39 rue Madame, 75006 Paris, France.

Cookies:
the Website uses cookies. A cookie is a computer file stored on the hard disk of the Customer's computer. its purpose is to report an earlier visit by the Customer to the Website. A.P.C. uses cookies solely for the purpose of personalising the service offered to the Customer.

The Customer retains the option of disabling cookies using a setting on his/her Internet browser. by doing so, the Customer loses the potential to personalise the service provided by A.P.C. via the Website.

Web Beacons:
Some pages on the Website may contain web beacons used to count the number of visitors to the Website and/or to supply a number of indicators to A.P.C.
These Web Beacons may be used with some of our partners, particularly for the purpose of gauging and improving the Website's effectiveness.
In any event, the information obtained using these Beacons is not in any way personally identifying and is used merely to gather site-visit statistics for certain pages of the Website, for the purpose of better serving its visitors.


Miscellaneous provisions


Force majeure:
A.P.C. shall not be liable for non-performance of all or part of its obligations hereunder if such non-performance is caused by an event constituting force majeure, particularly in the event of flood, fire, disruption of or all-out 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 ways and means for processing the order during the time for which the case of force majeure remains in being.

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

Entirety of contract:

These general conditions of sale and the order summary transmitted to the User form a contractual whole embodying the entirety of the agreements made between the parties.

Applicable law – Competent jurisdictions:
These general conditions of sale and the contractual relations between A.P.C. and the User shall be governed by French law. In the event of any dispute, the French courts of law shall have sole jurisdiction. Nevertheless, A.P.C. undertakes to seek an amicable solution before any legal action. Intellectual property
The entire content of the A.P.C. Website (illustrations, texts, wordings and labels, trademarks, images and videos) is the property of A.P.C. any reproduction or 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 fraud of the rights held in it by third parties constitutes the offence of infringement, incurring severe penalties under the French Intellectual Property Code.

A.P.C. disclaims all liability 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.