A.P.C. Terms of sale
LAST UPDATED: November 2024
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
The following Terms of Sale (the “Terms of Sale”) (together with any documents referred to herein) apply to your use of our website: https://www.apc-us.com/. This website, including any of its related web pages, content, functionality and services offered thereon (a "Website") is operated by DBA A.P.C. (“A.P.C.”, “us”, “our” or “we”). References to DBA A.P.C.. shall include our Brand (“A.P.C.”).
DEFINITIONS
PREAMBLE
The present Terms of Sale apply exclusively between any Customer and the Company.
If you have any questions about these Terms of Sale or want to request permission to reproduce Content from this Website, please contact us in one of the following ways: E-mail us at: mailto:contact.nyc@apc.fr; Mail us at: 403 Broome Street New York, NY, 10013; or call us at: +1 (888) 803-3437.
The Terms of Sale are applicable without limitation or reservation to all Items offered for sale on the Website. Any Order on the Website is subject to prior consultation and acceptance without reservation of the present Terms of Sale and the applicable prices by the Customer. Clicking on the "Checkout" button accessible on the page dedicated to the validation of the order constitutes the Customer's acceptance.
The present Terms of Sale shall prevail over any other document.
WARNING STATEMENT
The sale of Items on the Website is reserved exclusively for retail sale to private individuals.
In no case may the Website be used by Customers who are professional sellers, alone or in a group, regardless of the method used for the marketing of their products (online marketplaces, shopping galleries, broker, brick and mortar stores in particular). Accordingly, the Customer acknowledges and accepts that the Items can only be purchased in quantities corresponding to the average buying needs of a consumer, both in terms of the number of Items ordered in a single order and in the number of individual Orders corresponding to the usual quantity purchased of the same product by an average consumer. We reserve the right to refuse an order clearly placed by a professional selling Customer.
Every Customer declares to be informed of the unreliability of the Internet network, especially in terms of data transmission security, non-guaranteed continuity in access to the Website, and non-guaranteed performance in terms of volume and speed of data transmission and spread of viruses.
DBA A.P.C. warns each Customer about the need to implement a solution and security measures on their computer or portable or mobile devices in order to prevent the spread of viruses.
CREATION OF CUSTOMER ACCOUNT
Any A.P.C. Customer may freely create a customer account at no charge through the "Account" section.
A customer account is created by the Customer by completing the form offered to them for their identification data.
This account is strictly personal to the Customer and allows the Customer to identify themself before validating each Order.
During the creation of the Customer account, the Customer enters the data allowing their identification under their full responsibility, controls, and directions and commits to provide complete, accurate, and up-to-date information and to not usurp the identity of a third party or hide or modify their age.
During the creation of a customer account, the Customer chooses their username (email) and password. If the chosen username is already assigned, the system requires the Customer to choose another one.
The usernames and passwords are personal and confidential. While we take all reasonable precautions and are committed to protecting the personal data of our Customers, the Customer is informed of the need to keep their password secret and not to disclose it to a third party for any reason whatsoever.
A Client who suspects the use of the username and password by a third party must immediately alert us in order for their password to be changed and/or to choose to have their customer account closed.
We reserve the possibility to close any customer account and accordingly refuse any sale to a Customer in the event of a payment default on one or more previous Orders.
In this case, we shall send an email to the Customer at the address indicated by them during the creation of their customer account informing them of the disabling of their username and password and the closure of their account. The Client shall be given a reasonable notice period of eight (8) calendar days to possibly express their comments with us, without prejudice to the suspension of their Account during the notice period.
In general, the Customer is informed that their account may be closed following the Customer's first request submitted to us by email.
CHARACTERISTICS AND AVAILABILITY OF THE ITEMS
We do our best to make sure that all items on the Website are in stock and available for sale, but in certain cases, the information may be outdated or incorrect in which case the customer’s remedy is a return of any payments or charges for such item, if any.
We reserve the right to remove from sale any Item on this Website at any time and/or replace or modify any information associated with the Items on this Website.
If an Item is unavailable, after their Order is placed, the Customer shall be informed by email. Their order shall then be automatically cancelled.
The characteristics of the Items sold on the Website (photographs, graphics, and descriptions of the Items, etc.) are given merely as a guide and may vary over time and depending on each individual shipped Item. Only the visual of the Item displayed [on the Website] at the time of the Order’s completion should be taken into account by the Customer. The Item characteristics and visuals are non-binding contractually.
In case of errors or omissions relating to the description of an Item, our responsibility shall be limited to the reimbursement of reasonable costs incurred by the Customer for sending the Item back.
ORDERING OF ITEMS
Every Order entails an obligation of payment.
The Customers declares that they are at least 18 years of age and are of legal capacity.
To place an Order, the Customer must follow the online purchase process (https://www.apc-us.com/pages/faq). and click on "Checkout" to submit the Order.
Payment for the Order constitutes acceptance of the present Terms of Sale, the price of the Items, and the content of the Order.
After validation of the payment, we will send an Order confirmation email to the Customer.
Every Order is subject to our prior acceptance and is definitively confirmed only after the Customer's receipt of an email confirming the shipment of the Item(s).
Any Order may be refunded should it occur that the conditions under which it was placed breached the present Terms of Sale.
If the Customer does not receive any email following their Order, it is their responsibility to contact our customer service department. In no case shall we be held liable for an input error or transmission of an input error attributable to the consumer and preventing the delivery of the confirmation email and/or Items.
It is recommended that the Customer print their Order confirmation email.
For any questions relating to the tracking of an Order, the Customer must consult their customer account on the Website or contact customer service.
PRICE OF THE ITEMS
All prices posted on this Site are subject to change without notice.
The prices are indicated on the Website in US dollars, excluding taxes and shipping and handling costs.
The amount of shipping costs and taxes is specified on the Website’s shopping cart before validation of the Order.
The Items are charged on the basis of the rates in force at the time of the validation of each Order.
The price charged for the Items is therefore the price indicated at the time of the Order.
PAYMENT FOR THE ORDER
Every Order entails an obligation of payment. The Order is final only as from the date of full payment of the price and the costs associated with the Order.
The price charged to the Customer is the price indicated in the Order confirmation sent to the Customer by email.
Once the Order ships, the Customer is charged and informed by email that their invoice including delivery costs and applicable taxes is accessible online on the customer account.
Transactions carried out on the Website are entrusted to secure online payment platform SHOPIFY PAYMENTS.
This platform presents secure pages for the input of payment data, including card number, expiry date, and security code.
This platform encrypts and then transmits the payment data to the bank confidentially and makes them inaccessible to third parties.
It is possible for the Customer to save their bank data on their account. The data in this case remain encrypted and inaccessible.
PRE-ORDER
A.P.C. features a pre-order option for select items. Pre-order items are not yet in stock, but available for advanced purchase on apc-us.com. The estimated shipping date is indicated on the item's product page and in the shopping bag. Please note that this date is only an estimation and is subject to change. All pre-orders are fulfilled on the basis of first come, first served. A.P.C. will inform you of any changes regarding your pre-order.
ORDER PROCESSING
Order Editing or Cancellation
Orders edited or cancelled by customers
If you need to edit or cancel an order, please contact us by email as soon as possible after order placement or call 1 (888) 803-3437 Mon-Fri 9:30am to 5:30pm EST. Once your order has been processed or shipped, we cannot cancel or edit your order.
Orders cancelled by us
We reserve the right to cancel orders if stock is no longer available at the time of the order processing. This results in an order cancellation. Once cancelled, charges may be kept on hold on the account for a period of 7 business days.
Order Status
When using an express shipping method, orders placed before 12:00 PM EST will be shipped the same day. Orders placed after 12:00 PM EST will be shipped the following business day.
Please allow 1-3 business days for standard ground orders to process and to be shipped. During sale period, please allow 3 to 5 business days for your order to be processed.
You will be notified via email when your order is shipped. You can track your order by using our Order Tracking feature here.
Sales and promotions
If sale items are marked as final sale, they are not eligible for returns or exchanges. Coupon codes are not compatible with any sale item, online or in store.
SHIPPING TERMS
Delivery Areas
We can only deliver within the United States and Canada. For our Canadian customers duties and taxes are included at checkout. For sales in France, Japan, or EU, please click on the "shipping country" link on the right navigation of the website.
Customers are responsible for entering the correct shipping information. Deliveries will be made according to those order specifications. Please note we do not deliver to P.O. boxes, APO, FPO, Guam, Palau, Northern Mariana Islands, American Samoa and the Federated States of Micronesia. UPS will make repeated delivery attempts before returning your merchandise to A.P.C. If you would like to schedule a delivery intercept, reroute your package, or attempt a redelivery, you will be responsible for the associated charges. We also recommend enrolling in UPS My Choice. It's free, easy and will allow you to manage your deliveries.
You may also select in store pick-up at checkout. We will ship your package directly to one of our stores only to be picked up during the specified day. Please bring your order confirmation email and a valid government-issued photo identification.
We offer a signature requirement option for customer's who prefer a secure method of delivery. Please note that A.P.C. will not be liable for any lost/stolen shipments that do not have a signature requirement. If you do not opt for the signature requirement, you risk absorbing the costs of a lost/stolen parcel.
Rates
FREE ground shipping on any US order. No minimum purchase required. Valid on shipments to the US only. FREE in store pick-up.
We do not accommodate Next-Day shipping during our sale season. 3 Day Air is not available for Hawaii or Puerto Rico.
| Country | Shipping Method | Rate |
|---|---|---|
| US | UPS Ground - NO signature required (Up to 7 Business Days) | $0 |
| US | UPS Ground - WITH signature requirement (Up to 7 Business Days) | $5 |
| US | UPS 3 Day Air - NO signature required* (3 Business Days) | $16 |
| US | UPS 3 Day Air - WITH signature requirement* (3 Business Days) | $20 |
| US | UPS Next Day Air - WITH signature requirement (1 Business Day) | $35 |
| Canada | UPS Worldwide Expedited - (Duties and Taxes included) | $50 |
Saturday Delivery
We do not offer Saturday deliveries. Please note that Next Day and 3 Day service implies business days only. If you place your order on a Friday and select Next Day Delivery, you will receive it the following Monday.
RETURN AND REFUND
Guidelines
A.P.C. customers have 14 days from the receiving date to return full price and eligible sale price items for a refund or an exchange.
Extended Holiday Return Policy: Full price and sale items purchased Nov 29 thru Dec 25 can be returned by Jan 12, 2025 for a refund or an exchange.
All goods must be returned in their original packaging, in clean, unworn and resalable conditions, along with a copy of the A.P.C. returns and exchanges policy below. A.P.C. e-gift cards are non-refundable. Your item(s) can be exchanged online for a different size or color, if in stock when creating your RMA. Every label used will be subject to a $10 restock fee at the time of return processing.
Items marked as FINAL SALE on the product page are not eligible for return for either a refund or an exchange.
In-store purchases, within the return window, can be brought to a store location for return, at no cost. If you have an active A.P.C. account with address information on file, you can create a return RMA via our return portal for your store purchases. Eligible exchanges, refunds, and store credits can be accommodated at a store location of your choosing.
All official A.P.C. suppliers take full ownership and responsibility for any A.P.C. product they provide a customer. We are unable to accommodate returns, exchanges, or credits for any item purchased from a 3rd party vendor.
Exchanges
Your eligible item(s) can be exchanged online or at an A.P.C. store location (US only), for a different size or color if in stock when creating your RMA.
Returning an Item
A.P.C. offers easy returns for US customers only. You'll need to create a return authorization online. Once approved, you will receive a pre-paid UPS return label and a RMA slip by email. Each label used is subject to a $10 restock fee at the time of return processing. Customers who wish to use a courier other than UPS can do so on their own accord. Items marked as final sale are not eligible for return or exchange. Steps to make a return:
A.P.C. provides a pre-paid return label for US customers only, at a $10 restock fee per label. Canadian customers are responsible for sending return items on their own accord. Canadian customers will receive a RMA slip and further instructions once creating their return RMA via our return portal. Please note that we do not refund the shipping costs for Canadian returns.
Online orders can be returned or exchanged through an A.P.C. store. Refunds will be processed within 7-10 business days of reception, but may not appear on your statement for one to two billing cycles.
CUSTOMER SERVICE
If you have any questions about these Terms of Sale or want to request permission to reproduce Content from this Website, please contact us in one of the following ways: E-mail us at: mailto:contact.nyc@apc.fr; Mail us at: 403 Broome Street New York, NY, 10013; or call us at: +1 (888) 803-3437.
WARRANTIES
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
If the Customer wishes to make a complaint regarding defects in the delivered Items, including damage during transport, they must submit it immediately using the contact form on the Website. All information necessary to apply for these warranties shall be provided to the Customer.
Once the defect is verified, we undertake to issue a refund to the Customer for all amounts paid for the item concerned, as well as shipping costs, to the bank account indicated by the Customer, as soon as possible, and no later than thirty (30) days following the date on which the date on which the defect is verified.
This limited warranty extends only to the original purchaser of Items from the Website. It does not extend to any subsequent or other owner or transferee of the Items.
This limited warranty does not cover any damages due to:
- transportation;
- storage;
- improper use;
- modifications;
- unauthorized repair;
- normal wear and tear; or
- external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE ITEM THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
CONVENTION OF PROOF
The Customer acknowledges and accepts that the Order recording systems provide proof of all transactions between us and the Customer.
The Customer acknowledges and accepts that proof of his/her acceptance and understanding of the present Terms of Sale (and their possible updates) is characterized by clicking "CHECKOUT" on the order validation page for each order.
To that end, the Customer acknowledges and accepts that the computerized data stored within our computer servers in reasonable conditions of security and integrity are considered irrefutable proof of acceptance of the Terms of Sale and proof of all transactions between us and the Customer.
Accordingly, except in case of an obvious error by us proved by the Customer, the Customer may not dispute the admissibility, validity, or probative nature of the Terms of Sale and the content of the Order, on the basis of any legal provision that would specify that certain documents must be written or signed to constitute proof.
These elements thus constitute proof and, if they are produced as a means of proof by us in any legal proceedings or other, shall be admissible, valid, and enforceable in the same way, under the same conditions and with the same probative nature as any document established, received, or retained in writing.
LIABILITY
We reserve the right to modify the information contained on this Website at any time without notice.
We undertake to describe the Items sold on the Website accurately and to ensure, under normal conditions, the updating of the information displayed there.
However, we cannot guarantee the accuracy, precision, or completeness of the information made available to Customers on the Website.
We may not be held liable in case of (a) non-substantial differences between the photos presenting the Items on the Website, texts, and illustrations and the ordered Items; (b) if items offered for sale are subsequently determined to be out-of-stock or otherwise unavailable.
The Customer acknowledges and accepts that the prices of the Items are likely to vary between the website and the shops and that, in any case, this price difference may not serve as the basis of a request for full or partial refund for Items purchased on the Website or in stores.
FORCE MAJEURE
We may not be held liable for a breach of any of its contractual obligations resulting from unforeseeable circumstances or a case of force majeure as defined by the case law of the US courts.
In particular, we shall not be held liable for any failure or delay in the execution of Orders caused by events outside its control ("Case of Force Majeure").
A Case of Force Majeure includes any act, event, failure to perform, omission, or accident beyond our control and includes but is not limited to:
1. Strikes, closures, or other industrial actions.
2. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation of war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disasters.
4. Inability to use transport by rails, boats, planes, roads, or other public or private means of transport.
5. Inability to use the public and private telecommunications networks.
6. Acts, decrees, legislation, regulations, or restrictions of all governments.
7. Strike, malfunction, or accidents in maritime, postal, or other transport.
The performance of the Terms of Sale shall be suspended as long as the Case of Force Majeure lasts, and the performance and delivery periods shall be extended accordingly. As much as possible, we shall endeavor to end the Case of Force Majeure or find a solution allowing it to meet its contractual obligations despite the Case of Force Majeure.
LICENSE
We grant a limited license to the Customer for access to the Website for its personal and non-professional use of the Website.
In no case is the Customer authorized to download or modify all or part of this Website without our express written authorization.
In no case should this Website or any part of this Website be reproduced, copied, sold, or used for commercial or professional reasons without our express written authorization. The Customer must not use techniques to copy a trademark, logo, or any other information (in particular images, text, and layouts) owned by us without its express written consent.
We authorize the Customer, on a non-exclusive and revocable basis, to create a hyperlink to the Website's homepage, provided that this link cannot create any deceitful, false, derogatory, or infringing nature against the Items, us, or any of its registered trademarks or that may harm us.
In no case may we be held liable for the creation of this hyperlink in any capacity whatsoever.
PRIVACY POLICY
Please refer to the Privacy Policy accessible here.
INTELLECTUAL PROPERTY
We are the exclusive holder of the intellectual property rights to:
It is therefore forbidden to reproduce in any form whatsoever, directly or indirectly, the elements referred to in the preceding paragraph, or alter the trademarks, patents, names, symbols, logos, colors, graphics, or other signs appearing on the elements made available within the Website, or, more generally, use or exploit these elements other than as part of the performance hereof.
As such, the reproduction or use of all or part of these elements is authorized only for the exclusive purposes of information for personal and private use. Any reproduction and any use of copies done for other purposes is expressly prohibited.
Any other use, except with our prior written authorization, constitutes an infringement and is punishable under intellectual property laws.
MODIFICATION OF THE TERMS OF SALE
Given the possible changes to the Website and the regulations, we reserve the right to modify these TERMS OF SALE at any time.
ASSIGNMENT
You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
NO THIRD-PARTY BENEFICIARIES
These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
APPLICABLE LAW AND JURISDICTION
These Terms of Sale shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to its principles of conflict of laws. The sole and exclusive jurisdiction for any claim, dispute or Proceeding (“Action”) arising out of or related to these Terms of Sale shall be in the State or Federal courts located within New York County in the State of New York. You hereby irrevocably consent to the personal and exclusive jurisdiction of such courts and waive any objections you may have on the basis of forum non-convenient, venue, jurisdiction or otherwise. To the fullest extent permitted by applicable law, no Action with respect to this Website (or to products or services purchased through the Website) shall be joined to an Action involving any other party, whether through class action proceedings or otherwise. You agree that any Action arising out of or related to the Website (or to products or services purchased through the Website) must commence within one (1) year after such Action accrues, otherwise, such Action is permanently barred. Notwithstanding the foregoing, (1) if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and (2) we reserve the right to bring an Action against you for a breach of these Terms of Sale in your country of residence or any other relevant country. A printed version of the Terms of Sale shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Sale to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We may provide notice to you relating to the Website and/or these Terms of Sale by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent.
NOTWITHSTANDING THE FOREGOING, AT COMPANY'S SOLE DISCRETION, IT MAY REQUIRE YOU TO SUBMIT ANY DISPUTES BASED ON OR ARISING FROM THESE TERMS OF SALE OR USE OF THE WEBSITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING NEW YORK LAW.
© 2024 DBA A.P.C.. ALL RIGHTS RESERVED.