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 www.apc.fr website (hereinafter referred to as the "User" or "You") and the merchant, apc.fr 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 www.apc.fr 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 www.apc.fr 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.


Placing an order

The A.P.C. Website: www.apc.fr 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:

    - create an account, or sign in if You already have one;
    - 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.

Sale prices are indicated in euros including VAT and excluding delivery costs. The Value Added Tax is the VAT applicable on French territory.

The User shall be reminded of the fixed sum charged as a contribution to delivery costs when he/she makes his/her product choice, and shall be charged to the User at the end of the order on the ”My Orders” page, in addition to the price of the Products selected.


Availability

The Products available for sale are those listed on the Website; offers shall be valid for as long as they appear on the Website.

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.

Your order will be debited when confirmed, 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.

All 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 our shipments outside the European Union are net of tax, including shipments to Switzerland and Norway. You are responsible for payment of all taxes on receipt of the parcel in accordance with the laws applicable in the destination country.

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.

 

A.P.C. offers delivery by UPS in France and abroad or by Chrono Europe for Europe, as well as by Colissimo, Relais Colissimo Commerce and La Poste in France only, with the following delivery periods:

- Within two to three (2-3) working days for France, the European Union, Switzerland and Norway, except in exceptional circumstances,
- Within eight (8) working days for destinations outside the European Union, except in exceptional circumstances


The final delivery date for your order will be communicated to You via the Website on your "My Orders" page.

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


Your signature will be requested on delivery. If you are not available, a failed delivery notice will be posted in your letterbox, enabling You to collect your parcel from the carrier.  Parcels will be held for collection for seven (7) calendar days.

Flat-rate charges apply to shipping costs, according to destination:
    - fifteen (15) euros via UPS for France and Monaco, or seven (7) euros via Colissimo Expert or (4) euros via Relais So Colissimo Commerce or La Poste.
    - starting from eleven (11) euros for 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)
    - starting from twenty-five (25) euros for Switzerland and Norway.
    - fifty (50) euros for all destinations outside the European Union, Switzerland and Norway.

Shipment is provided free of charge for all orders of at least five hundred (500) euros including VAT.

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

Where a parcel is not received within the stated time, the matter is investigated with the carrier; this may require up to ten (10) 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 L138- 2 and L138-3 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 am to 6 pm and Friday from 9 am to 4:30 pm.
 
A.P.C. reserves the right to request that the User return the non-compliant or damaged Product to it.

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 L138-4 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 am to 6 pm and Friday from 9 am to 4:30 pm
A return voucher, accessible from your "Your Account" page, must be enclosed with the Product(s). This form should be completed and printed out.

The parcel return costs shall be borne by A.P.C. Following internal validation of the return request, the A.P.C. customer care team will send You a Colissimo prepaid return label by e-mail for You to affix to the parcel.  You can drop the package off at a post office or a Colissimo collection location (relais de collecte).

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

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

purchased in one network cannot be returned or exchanged via the other network.

Online exchanges:
Using the A.P.C. website, You can exchange Product(s) ordered on the Website for a different size and/or colour.

The User has a period of fourteen (14) days from the date of receipt of the original order to request an exchange by logging on to his/her "Account" page.

The User must return the Product(s) to be exchanged, in its/their original condition, neither worn nor washed, within fourteen (14) days of the exchange request made via the Website.

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, complete and print out the form.

The parcel return costs shall be borne by A.P.C. Following internal validation of the return request, the A.P.C. customer care team will send You a Colissimo prepaid return label by e-mail for You to affix to the parcel. You can drop the parcel off at a post office or a Colissimo collection location (relais de collecte).

If the above-mentioned conditions are fulfilled, A.P.C. shall enter a new order for the Product(s) to be exchanged and ship it/them to the delivery address appearing on Your original order, subject to stock availability.

The shipping fees shall be borne by A.P.C., provided that the User has adhered to the above-mentioned time limits.

If the Product(s) is/are no longer available, A.P.C. shall refund the User the amount of the initial order, including shipping fees, the day the returned Product(s) is/are received.

If the above-mentioned conditions are not met, and in particular if the Product(s) is/are not in a saleable condition, A.P.C. will not make the refund and the Product(s) at issue will be returned to the User at the delivery address appearing on Your original order.

If, after the exchange, You are still not satisfied with the exchanged Product(s), A.P.C. will reimburse the User the amount of Your initial order, the day the returned Product(s) are received, provided that the Product(s) is/are in a saleable condition. 

 

Refund via the Website / special cases:
If the conditions for the return of Products are fulfilled, A.P.C. will offer a refund in the amount of the initial purchase.
A.P.C. shall provide the User with a refund (including the shipping fees) on the date A.P.C. receives the Products.

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.

While acting under the statutory warranty, the User:

-          has a period of two (2) years from the delivery of the Product to take action;

-          may choose between repair or replacement of the Product, subject to the cost conditions under Article L211-9 of the French Consumer Code;

-          is exempted from providing proof of the existence of the Product defect during the six (6) months following delivery of the product.

 

The statutory warranty applies regardless of any manufacturer’s warranty that may be offered.

 

The User may decide to invoke the warranty against hidden defects affecting the Product within the meaning of Article 1641 of the French Civil Code (Code Civil) and in this case, he/she can choose between cancellation of the sale and the reduction of the purchase price in accordance with Article 1644 of the French Civil Code.


Article L211-4 of the French Consumer Code:

The seller is required to deliver a Product which complies with the contract, and will be held liable for any non-compliance present upon delivery.
It will also be held liable for any non-compliance caused by the packaging, the assembly instructions, or the installation if it assumed responsibility therefor or arranged for it to be carried out.

Article L211-5 of the French Consumer Code:

In order to comply with 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 representations made by the seller, the producer or its 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:

The right to take action due to non-compliance lapses two years after delivery of the Product.

Article 1641 of the French Civil Code:

A seller is bound to a warranty against hidden defects in the item sold which render it unfit for its intended use, 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 the defects.

Article 1648 paragraph 1 of the French Civil Code:

An action resulting from redhibitory defects must be brought by the buyer within a period of two years following the discovery of the defect.

 

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.

 

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.

Cookies:

The Website uses cookies. A cookie is a computer file stored on the hard disk of the User's computer. Its purpose is to highlight earlier visits by the User to the Website. A.P.C. uses cookies solely for the purpose of personalising the service offered to the User.

The User reserves the right to disable cookies by configuring the settings on his/her Internet browser. Doing so means that the User  will no longer be able to use the personalised 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 strictly anonymous and is used merely to gather Website-visit statistics for certain pages, for the purpose of better serving visitors to our Website.

 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 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.