Individual T&Cs
These general terms and conditions of sale are concluded between:
APACHES COLLECTIONS SAS a simplified joint stock company with a capital of €5,000, with its registered office located at Parc du Molinel - Bâtiment A, Allée de la Marque in Wasquehal (59290)
Tel: +33 6 15 05 73 74
E-mail: hello@apaches-collections.fr
Intracommunity VAT: FR02 813792587
RCS: 813 792 587
Hereinafter referred to as "The Seller" on the one hand, and:
Any person wishing to make a purchase via the Seller's website, at www.apaches-collections.fr
Hereinafter referred to as "The Customer" on the other hand.
ARTICLE 1. PURPOSE
These General Terms and Conditions of Sale aim to define the relationship between the Seller and the Customer, and the conditions applicable to any purchase made through the Seller's merchant website www.apaches-collections.fr, hereinafter referred to as "the Website".
Through these General Terms and Conditions of Sale, the Customer is prohibited from any purchase for resale, within the meaning of article L 110-1 of the Commercial Code. The Customer must be at least 18 years old and have legal capacity or hold parental authorization allowing them to place an order on the Website. The acquisition of a product through the Website implies the Customer's full and unreserved acceptance of these General Terms and Conditions of Sale. These will prevail over all other general or special conditions of the Customer. The Seller reserves the right to modify these General Terms and Conditions of Sale at any time. It is, however, agreed that the Conditions applicable to the Customer will be those in force on the date of their order on the Website. These General Terms and Conditions of Sale are the exclusive property of the Seller. Any reproduction, even partial, is strictly prohibited.
ARTICLE 2. PRODUCT DESCRIPTION
The products offered are presented on the Seller's Website. The photographs that may accompany the presentation of the products are as accurate as possible but cannot guarantee a perfect similarity with the product offered and present, in some cases, presentation suggestions of which all the constituent elements of the photographs are not systematically offered for sale.
As these are handmade products, slight variations in color, shape or finish may occur and are inherent to their manufacture; the products cannot therefore be 100% identical to the photographs presented. (See Article 10. Warranty)
It is specified that the products offered comply with the regulations in force regarding product composition, in the sense that they are compliant with consumer health and safety.
ARTICLE 3. PRICE AND PAYMENT
The prices indicated by the Seller at the time of the order are denominated in Euros, including VAT, according to the VAT rate in force on the day of the order, but exclude delivery costs which will be added to the total amount to be paid (see article 5: delivery). Any change in the rate will be passed on without delay to the price of the products offered. The Seller reserves the right to modify its prices at any time, it being understood, however, that only the prices presented on the Seller's website on the day of the order will be applicable to the Customer. The indicated prices include order processing fees. The transport and delivery costs applied are those indicated on the Website at the time of the order. The sale price is payable upon order.
The order can be paid by the following means: by credit card (Carte Bleue, Visa, Eurocard, Mastercard accepted in France), PayPal, or in 2 or 3 interest-free installments with Alma. Thanks to the secure server of Banque Société Générale and the SSL protocol, the Seller offers completely secure online payment. The Customer's credit card number is therefore only directed to the bank's servers, in a secure environment. An invoice showing the VAT will be sent by the Seller to the Customer upon simple request from the Customer to the Seller.
Regarding payment in installments with Alma:
Payment in installments/deferred payment is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Purchase Amount
2 installments: Only purchases between €100 and €4,000 are eligible for payment with Alma.
3 installments: Only purchases between €200 and €4,000 are eligible for payment with Alma.
Fees
By paying in installments with Alma, the Customer does not pay any fees.
Alma is a remote payment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the Civil Code.
Termination
Any termination of the General Terms and Conditions binding the Seller and the Customer entails the termination of the General Terms and Conditions of Use between Alma and the Customer.
ARTICLE 4. ORDER PROCESS
The Customer wishing to place an order on the Seller's Website must:
- create their account by providing the requested information on the Website (namely: surname, first name, postal address, email address, telephone number)
- consult the product sheets and add the desired items to their basket
- validate the basket
- correct any input errors
- choose and validate their payment method
- read and accept the general terms and conditions of sale
- validate the order
It is the Customer's responsibility to ensure the accuracy of the information provided, for which they are solely responsible.
The Customer expressly undertakes to provide complete and accurate information. In the event of an error in the delivery address or incomplete or incorrect information, making the delivery of an order impossible, Apaches Collections cannot be held responsible.
The Seller will immediately confirm the registered order to the Customer by email. All data provided and the registered confirmation constitute proof of the transaction.
The Seller will archive orders and order confirmations on a reliable and durable medium constituting a faithful copy, in accordance with the provisions of article 1348 of the Civil Code. The Seller's computerized registers will be considered by the Parties as proof of communications, orders, payments for transactions between the parties.
It is specified that the Seller has subscribed to a distance selling contract with its banking institution. The banking transaction is secure and, in no way, does the Seller retain banking information about the Customer. Finally, it is specified that the Seller reserves the right to refuse an order that is abnormal, particularly with regard to the quantities ordered.
ARTICLE 5. DELIVERY
Products presented on the Seller's website can be delivered worldwide.
In France, several delivery options are available:
- Mondial Relay: €4.9
- Colissimo (with or without signature, and relay points): from €5.9
- Chronopost 13 (express delivery): €10.9
Delivery is free from €90 including VAT with Mondial Relay.
For international deliveries, costs vary depending on the destination and volume of the order.
If your delivery country is outside the EU or in the French Overseas Departments and Territories, your package may be subject to customs duties, import duties or various taxes in force in your country of residence which are not included in the final amount of your order. If you receive an email or call about this, it is your responsibility to pay these fees to retrieve your order. If you refuse to pay these fees, your order will be returned to us. We will then proceed with a partial refund of your order as we will be obliged to deduct delivery costs and customs duties.
Deliveries are made to the address indicated by the Customer for this purpose.
Order preparation time varies between 3 and 5 working days depending on the period. In no case can the delivery time exceed 30 days. In case of exceeding the delivery deadline by more than seven days and not due to a case of force majeure, the Customer can cancel their order by email to the following address: Hello@apaches-collections.fr
The cancellation of the order will be effective upon confirmation of this email, provided that the delivery has not taken place between the sending and receipt of the email.
The refund will be made by the Seller, according to the payment method chosen by the Customer, within a maximum period of thirty (30) days from the date on which the Customer informed the Seller of their intention to cancel the order.
The Customer retains in any event the right to cancel their order, in accordance with the provisions of article 11 "Right of withdrawal".
The Customer is nevertheless entitled to opt for another refund method.
ARTICLE 6. PRODUCT UNAVAILABILITY
In the event of unavailability of the ordered product in stock, the Seller will inform the Customer by email as soon as possible and the price will be refunded to the Customer within thirty days of payment of the sums they have paid. The Customer will then have the option of obtaining a refund (within 30 days of payment of the sums they have paid) or an exchange of the unavailable product for an equivalent product. In this case, the return costs will be borne by the Seller.
ARTICLE 7. RETURNS
Returns from France and Europe: you can generate a prepaid return label from your customer account, via our partner Fastoche.
Here are the 3 possible types of returns:
Refund: If you are not satisfied with your purchase, we offer you the possibility of obtaining a refund. In this case, the return label is provided and a contribution to the return costs will be deducted from the refund (€4 for France and €8 for Europe). For other countries, the return label is not provided, in this case, please include your contact details on a blank sheet of paper with your return. Refunds are processed within an average of 10 working days following receipt of your return at the warehouse.
Exchange (free return): You have the possibility to exchange your garment for a different size, subject to availability. The return label is offered to you. The exchanged garment will be shipped upon receipt and processing of your return at the warehouse. Therefore, please note that the average time to receive your new item is 15 days, allowing time for your return package to be received and checked by our logistics provider.
Credit (free return): You can opt for a credit note for the amount of your purchase, usable for a future purchase on our website, valid for 3 months. In this case, the return label is offered. The credit note will be issued upon receipt and processing of your return at the warehouse.
Returns from other countries outside France and Europe: you will need to write to Hello@apaches-collections.fr and send your return at your own expense.
ARTICLE 8. APACHES GIFT E-CARD PURCHASE AND USE CONDITIONS
The e-gift card is for sale on our official website.
It can be paid for via Mastercard, Visa, PayPal, Apple Pay, and installment payments are possible for purchases over €300. The amount must be between €10 and €250. Once selected, you can choose the sending date and write a personalized message to accompany it.
Once your order is confirmed, your e-gift card can be printed at home to be given in person.
The e-gift card is sent by email immediately after the purchase has been made and is usable immediately.
The e-gift card can be used multiple times and is valid for 1 year from the date of sending, including during sales and exceptional periods, only on our official website. If the order amount exceeds that of the e-gift card, the customer has the option of completing the payment with another payment method.
In case of loss of the e-gift card, it is not refundable or exchangeable.
Refund of items purchased with an e-gift card:
Returns of items purchased with an e-gift card are accepted. The e-gift card used for payment will be re-credited to a new e-gift card sent to the customer by email and can therefore be used for a new purchase. If the beneficiary had to supplement the amount of their e-gift card with another payment method for their purchase, this surplus will be credited directly to that other payment method.
ARTICLE 9. LIABILITY
The Seller may be exempt from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
The Seller cannot be held responsible in the event of a computer bug occurring during the order, linked to the Customer's internet connection.
ARTICLE 10. WARRANTY
All products sold by the Seller benefit from the following legal guarantees:
1. Legal guarantee of conformity
In accordance with articles L. 217-3 et seq. of the Consumer Code, the Seller delivers a product that conforms to the contract and is liable for any lack of conformity existing at the time of delivery of the product, which appear within a period of two (2) years from its delivery. In the event of a lack of conformity, the Customer may demand the repair or replacement of the product. If these solutions are impossible or result in a disproportionate cost for the Seller, the latter may opt for a refund.
2. Legal guarantee against hidden defects
In accordance with articles 1641 et seq. of the Civil Code, the Customer may exercise this guarantee within a period of two (2) years from the discovery of the defect. This guarantee allows the Customer to obtain a total or partial refund for a product rendered unsuitable for normal use.
3. Handmade products
The articles offered are handmade. Slight variations in color, pattern, or dimensions may exist compared to the models presented in photographs. These variations, inherent in handmade manufacturing, do not constitute a lack of conformity within the meaning of legal guarantees.
In all cases, the application of legal guarantees will take place without any cost to the Customer. Any complaint under the legal guarantees must be sent by email to the following address: hello@apaches-collections.fr or on the platform provided for this purpose.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Apaches Collections adheres to the mediation service of the Centre de la Médiation de la Consommation des Conciliateurs de Justice (CM2C), whose contact details are as follows: 49 rue du Ponthieu, 75 008 PARIS
After a prior written approach to the professional, the CM2C can be contacted:
- online via the following link: Declare a Consumer Dispute, by completing the form and attaching supporting documents,
- by mail to the address indicated above,
- or by email to the following address: litiges@cm2c.net
The European Commission has also set up an online dispute resolution (ODR) platform, accessible via the following link:
ARTICLE 11. INTELLECTUAL PROPERTY
All elements of the Website, including all graphic, sound, textual, video elements, including the underlying technology and product presentation, are the exclusive property of the Seller.
The Customer is therefore formally prohibited from reproducing, representing, or distributing, even partially, any particular element forming an integral part of the Seller's Website. All reproductions and representations of the Site are subject to the express and prior agreement of the Seller. Failure to comply with this obligation constitutes an infringement engaging the civil and criminal liability of its author. Likewise, any process, particularly framing or deep-linking techniques, is formally prohibited, unless expressly, specially, and in writing authorized by the Seller. The name "APACHES" has been registered as a trademark with the INPI (trademark no. 3815099). Consequently, any reproduction of this trademark by the Customer, not authorized by the Seller, constitutes an act of infringement liable to criminal and civil prosecution. The name "APACHES COLLECTIONS" benefits from protection under domain name law. The Customer is therefore prohibited from infringing the "APACHES" trademark and the "APACHES COLLECTIONS" name. It is strictly forbidden to use or reproduce the name "APACHES" and/or "APACHES COLLECTIONS", for any reason whatsoever, and on any medium whatsoever, without the prior written consent of the Seller.
ARTICLE 12. PERSONAL DATA
As part of order management, customer relations and the improvement of services offered, the Seller is required to collect and process personal data concerning the Customer (including: surname, first name, postal address, e-mail address, telephone number).
Legal basis for processing: these processes are necessary for the performance of the contract concluded with the Customer and, where applicable, for compliance with legal obligations, or are based on the Seller's legitimate interest (service improvement, complaint management).
This data may be transmitted to third-party service providers (carriers, technical service providers) only to the extent necessary for the execution of the order and delivery.
The Seller undertakes to ensure the confidentiality and security of personal data and not to use it for commercial prospecting purposes without the Customer's prior consent. The data is kept for the period strictly necessary for the purposes for which it is collected, plus any applicable legal deadlines (particularly regarding accounting and tax matters).
In accordance with Regulation (EU) 2016/679 and the amended Data Protection Act, the Customer has the following rights regarding their data: right of access, rectification, erasure, restriction of processing, opposition, and portability. The Customer may also withdraw their consent at any time when it has been given, and file a complaint with the CNIL (www.cnil.fr).
To exercise their rights, the Customer can contact the Seller at the following address:
Apaches Collections / Customer Relations Department - Parc du Molinel, Bâtiment A, Allée de la Marque, 59290 Wasquehal, France - Hello@apaches-collections.fr.
The Seller informs the Customer that their data is hosted within the European Union, and more specifically in France.
The Customer and more generally any user of the site acknowledge that by accepting the General Terms and Conditions of Sale, they authorize the Seller to install cookies on their computer's hard drive to identify each of their connections, to allow them to access their account without having to re-identify themselves, and to adapt the site's functionalities to their needs.
ARTICLE 13. RIGHT OF WITHDRAWAL
Any Customer, considered a consumer within the meaning of the Consumer Code, ordering on the Seller's Site for non-professional needs, benefits from a fourteen-day withdrawal period from the delivery of the order to return the product to the Seller for exchange or refund, without penalties.
The customer sends an email to the Seller at the following address to express their wish to withdraw: Hello@apaches-collections.fr. The return address and procedure will be communicated by the Seller.
The product must be returned in its original condition and packaging, new with tags, unworn and unwashed. Subject to the perfect condition of the returned product, the refund will be provided by the Seller, according to the payment method of their choice, within a maximum of thirty days from the date on which the Customer exercised their right of withdrawal. The Customer is nevertheless entitled to opt for another refund method. However, the Customer is informed that the right of withdrawal does not apply to products made according to the Customer's specifications, such as custom-made products.
ARTICLE 14. WAIVER AND TOLERANCE
It is formally agreed between the contracting parties that any tolerance or waiver by one of the parties in the application of all or part of the commitments provided herein, whatever their frequency and duration, shall not constitute an amendment hereto, nor generate any right whatsoever.
More specifically, no delay or inaction, abstention or omission on the part of the Seller in exercising any of its rights hereunder shall prejudice said rights, nor shall it be deemed to imply a waiver on its part of its right to assert its rights.
ARTICLE 15. ENTIRETY
These general conditions express the entirety of the parties' obligations. No indication, no document, can give rise to obligations hereunder, if they are not the subject of an amendment signed by both parties. No correspondence prior to the signing hereof can give rise to obligations under said contract.
ARTICLE 16. PARTIAL INVALIDITY
If a particular stipulation herein is held to be invalid, or declared as such by a final decision of a competent court, the other stipulations shall retain their full force and effect, with the exception of the annulment of articles 3, 7 and 8, considered by the parties to be essential.
ARTICLE 17. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are subject to French law. In the event that a dispute arises between the parties due to the execution or interpretation of these presents, the parties agree, prior to any legal action, that any claim will be subject to a prior formal notice by registered letter with acknowledgment of receipt.
Any party may then, after a period of ten days following the sending of the letter referred to in the preceding paragraph, initiate any useful procedure.
