1. PURPOSE OF THIS DOCUMENT
1.1 These General Conditions of Sale (hereinafter “General Conditions”) govern the sale to final consumers (hereinafter “Customers”) of clothing and related accessories from the APART collection (hereinafter “Products”) marketed by APART (of hereinafter “APART”), a brand owned by Rosa Lishan He with legal address at Carrer de les Sitges 8, 08001 Barcelona, Spain, through the dedicated area of the website www.apvrt.com following the procedures contained within the same between APART and the Customers, will be governed by these General Conditions. The Products may be marketed through the website www.apvrt.com worldwide. For these General Conditions, the final consumer means any natural person acting for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity.
1.2 The Products are marketed by APART. For any information concerning these General Conditions and/or purchases made based on the same, interested parties can fill in the specific assistance request form in the customer service area of the website www.apvrt.com. (hereinafter the “Site”).
2. METHOD OF CONCLUSION OF THE CONTRACT
2.1 The information and details contained in the area reserved for e-commerce on the website www.apart.com should not be considered offers: they constitute an invitation to customers to conclude business by forwarding purchase proposals. The Customer makes the products’ purchase proposal when sending the order form in an electronic format that the Customer must complete and confirm in the order summary screen. If the Customer intends to receive the invoice, he must choose the appropriate option in the order form. The Customer is also entitled to indicate a place of delivery other than that indicated in their personal data compilation. Once the order form has been definitively sent, a summary page of the order is displayed, and an e-mail confirming receipt of the order is sent. By sending the order form, the Customer accepts that these General Conditions will govern any purchase contract. Therefore, all orders are subject to acceptance by APART, which reserves, at its sole discretion, the right not to process any order proposal if:
– the data provided by the Customer at the time of compilation of the order form are incomplete or incorrect;
– the Customer does not qualify as a final consumer or does not meet the requirements to implement the payment conditions;
– the Products ordered are not available. To this end, APART will not be held responsible for changes in the availability of some Products. If only part of the ordered Products are not available and there are no other causes that may legitimize the non-acceptance of the order proposal, APART may proceed with the order proposal limited to the Products available;
3. PRICES AND TERMS OF PAYMENT
3.1. The products’ selling prices, the shipping costs, and the payment methods are those shown on the Site and are expressed in Euros. The products’ selling prices include VAT but do not include shipping costs, which will be added to the total amount due. APART reserves the right to change the prices shown on the Site at any time; in any case, the change in prices will not apply to products subject to orders already sent by the customer. Under no circumstances can APART be held responsible for any price changes.
3.2 The Customer undertakes to pay the price of the Products purchased in the following ways: – Credit card online: payment by credit card Visa, Mastercard, American Express, Maestro, Diners Credit card payments are managed directly by the servers secure by Cybersource, which thanks to the use of protocols with 128 bit SSL encryption guarantees the security of online transactions. For this reason, APART is not aware of the data relating to the Customer’s credit card. Once the order has been received, APART will make a pre-authorization request on the Customer’s credit card to ensure that the latter has sufficient funds to complete the transaction. Credit cards will be subject to checks and authorizations by the issuer of the same. APART will not be responsible for any failure to authorize the entity in question. Once the contract has been concluded according to Article 2 above, the credit card charge will be final. – Paypal.
4. METHOD OF SHIPPING OF PRODUCTS.
4.1. The Products will be delivered based on the times and in the manner indicated in the delivery service chosen by the Customer from the options listed on the Site. The transport costs are charged to the Customer and may vary according to the delivery service selected. Once the shipment has been completed, APART will send the Customer an e-mail notice of shipment with instructions on monitoring the shipment. In the event of shipping delays deriving from causes beyond the control of APART, the Customer will be promptly notified by APART customer service.
4.2. The risks relating to the Products pass to the Customer upon delivery of the Products.
5. RETURNS AND EXCHANGES
5.1. Right of withdrawal by law
a) Exercise of the right of withdrawal by law
The Customer has the right to withdraw without any penalty and without specifying the reason, within the term of 30 working days starting from the day of receipt of the Products purchased based on these General Conditions (hereinafter “Legal Term”).
We require the order traceability for orders superior to €50.
The withdrawal must be communicated to APART in writing (i) by sending the withdrawal form available as an attachment to these General Conditions or (ii) by sending a written declaration by post to APART Customer Service by post to the following address: [email protected].
b) Return of products in case of withdrawal by law
Once the right of withdrawal has been exercised by law, the Customer must return the Products within 30 days from the moment he has exercised the right of withdrawal.
The return can be made in the following ways:
Returns by the Customer’s courier, in which case the shipping costs will be charged to the Customer.
Returns via a freight forwarder agreed with APART indicated in the Return Form, in which case the return will be free of charge as APART will bear the shipping costs. When purchased Products are returned to the shipper indicated by APART in the Return Form, APART exonerates the Customer from any liability in the event of loss or damage to the Products during transport.
The user may also select a credit to be used in our shops as refund method.
It is an essential condition for obtaining the reimbursement referred to in point 5.1 (c) that the products’ integrity to be returned is preserved. In particular, the Products must not have been used, worn, washed, or damaged; the identification tag must still be attached to the Products with the disposable seal and the various composition and washing labels.
Products returned by shipment must be sent to APART in a single shipment. Therefore APART reserves the right not to accept Products that are part of the same order returned at different times. The courier’s references are shown on the documentation inside the package that was delivered. The Products must be returned using the same shipping packaging.
c) Times and methods of reimbursement of returned products
If the withdrawal has been exercised within the Legal Term and under the conditions established in this art. 5.1 (b) and the checks on the Products returned due to the withdrawal have been concluded positively, APART sends the Customer, via e-mail, the relative confirmation of acceptance of the returned Products.
As a result of the above, APART will refund the Customer’s amounts for the purchase, including delivery costs, net of any discounts and/or promotions.
Whatever the Customer’s payment method, APART will make the refund at the latest within 14 days from the date on which it is informed of the consumer’s decision to withdraw from the contract. APART reserves the right to withhold the refund until it has received proof that the Customer has shipped the items.
The refund will be made according to the payment method used at the time of the online purchase.
If there is no correspondence between the recipient of the Products indicated in the order form and the person who made the payment of the sums due for their purchase, the reimbursement of the sums, in case of exercise of the right of withdrawal, will be carried out by APART , in any case, towards the person who made the payment.
5.2. Conventional right of withdrawal
a) Exercise of the conventional right of withdrawal
In addition to the right of withdrawal by law according to art. 5.1. above, APART will grant an additional term of 16 days for exercising the right of conventional withdrawal. Therefore, the Customer may exercise the right of traditional withdrawal from the 15th day of receipt of the Products up to the 30th day of receipt.
The Customer may exercise the conventional right of withdrawal by activating the return procedure through the Site by accessing the personal area and clicking on the “return procedure” button.
b) Return of products in case of conventional withdrawal exercise
Once the conventional right of withdrawal has been exercised, the Customer must return the Products within 14 days from the moment he has exercised the right of withdrawal. The return can be made in the following two ways:
The Customer will proceed with the activation of the return procedure through the Site by accessing the personal area and clicking on the “return procedure” button, and, subsequently, shipping the Products to APART. The shipment can take place:
Through a forwarder selected by the Customer, the Customer will directly bear the shipping costs.
Through a freight forwarder affiliated with APART indicated in the Return Form. In this case, the Customer will not have to pay the costs of returning the purchased Products personally. The payment of the costs of returning the purchased Products will be made directly by APART, which will therefore free the Customer from any payment obligation towards the shipper. Furthermore, from the moment the purchased Products are returned to the shipper indicated by APART in the Return Form, APART exempts the Customer from any liability in the event of loss or damage to the Products during transport.
6.1 APART connects knowledgeable consumers around the world with various clothing sellers. Our platform is an ecosystem where people from all backgrounds find inspiration for each other and build relationships through the production, sale, and purchase of clothing products. We want everyone to feel comfortable with APART, and our priority is to promote an inclusive environment. This policy explains the kind of behavior we prohibit on APART to ensure everyone has a positive experience.
APART prohibits any use of our Services that is intended to discriminate against individuals based on the following characteristics (collectively, “protected groups”):
– Ethnic affiliation
– Gender identity
– Sexual orientation
It is your responsibility to know local laws and any other legal rules on discrimination that may apply to you. Also, APART doesn’t allow hate speech. Such hate speech occurs when offensive, derogatory, or degrading language is used towards people or groups based on one or more characteristics related to that protected group.
6.2 As a platform that welcomes third-party vendors, APART takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices to maintain our creative market’s integrity. This Intellectual Property Policy explains how we deal with infringement allegations, how authorized parties can submit appropriate infringement communications regarding content on our marketplace, and how APART vendors can respond when a notification reaches their listings or shops.
6.3 APART is a platform made up of individual third-party vendors who run their stores, create their terms of sale, and are responsible for their inventory, shipping, and compliance with the law. The content uploaded to the APART platform is generated by independent vendors who are not APART employees, agents, or representatives. Sellers are responsible for ensuring that they possess all necessary rights to their content and, by publishing them, not to violate or transgress third parties’ rights.
APART cannot speak on behalf of intellectual property owners, nor can it offer legal advice or make legal findings as to whether a store’s content infringes someone else intellectual property. However, if communicated with adequate notification, APART will remove the material cited for alleged intellectual property infringement.
6.5 Sellers are responsible for shipping items sold to buyers. If you are using a shipping or fulfillment service, remember that the seller is ultimately responsible for ensuring that buyers receive their orders.
By selling on APART, the seller undertakes to:
Provide an accurate sender address.
Specify shipping costs and processing times in your listings.
Ship items timely after a successful sale. Convenient shipping means shipping each item within 30 days of purchase unless otherwise specified in the processing time or a different shipping period is agreed with the buyer via Messages. Before updating the processing time for a particular order, the buyer’s consent must first be obtained.
Comply with all local and international regulations regarding shipping and customs.
Send to the address shown on the APART receipt.
Mark the order as shipped once it has been shipped, or use an APART Shipping Label, which automatically marks the order as shipped. We remind you that the order will be marked as sent only after the actual shipment. When you keep the order as shipped, the buyer is notified.
Charge an appropriate amount for shipping. US and Canadian sellers can use calculated shipping to get an automatic calculation of shipping costs.
The seller will have its internal return/refund policies but undertakes to abide by the guidelines expressed by APART in point 5 of this document.
By entering the tracking number or delivery confirmation on APART, the seller allows us to collect and share with the buyer these data received from the chosen shipping carrier.
In the unlikely event that an order does not arrive, the seller must be ready to provide valid proof of shipment. Valid proof of postage must show that the item was actually shipped and sent to the address listed on APART. If a buyer does not receive the order, he can open a dispute against the seller’s shop.
7. TERMINATION AND CANCELLATION
The Agreements will remain in force until terminated by the user or APART. However, the user understands and agrees that APART may at any time suspend or completely deny access to the services to any user, without any written notice.
8. WARRANTY AND DISCLAIMER
APART TRIES TO PROVIDE THE BEST POSSIBLE SERVICE, BUT THE USER UNDERSTANDS AND AGREES THAT THE APART SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR EXPRESS OR IMPLIED STATUS OF ANY KIND. YOU USE APART SERVICE AT YOUR OWN RISK. TO THE MAXIMUM LIMITS LAID DOWN BY APPLICABLE LAW, APART AND ALL CONTENT OWNERS DO NOT PROVIDE ANY INSURANCE AND DENY ANY WARRANTY OR SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. APART AND THE CONTENT OWNERS DO NOT WARRANT THAT IN ANY WAY THE APART SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, APART DOES NOT PROVIDE ANY INSURANCE AND DOES NOT WARRANT, AFFIRM OR ASSUME THE RESPONSIBILITY OF ANY APPLICATION OF THIRD PARTIES (OR ITS CONTENT), USER CONTENT OR OTHER PRODUCTS OR SERVICES PUBLISHED OR OFFERED BY THIRD PARTIES ON OR THROUGH THE SERVICE APART OR A WEBSITE LINKED THROUGH HYPERTEXT LINK OR PRESENTED IN A BANNER OR OTHER ADVERTISING. YOU ACKNOWLEDGE AND ACCEPT THAT APART IS NOT RESPONSIBLE FOR ANY TRANSACTION BETWEEN USER AND SUPPLIERS THIRD PARTIES OF APPLICATIONS OR THIRD-PARTY PRODUCTS OR SERVICES PUBLISHED ON OR THROUGH APART SERVICE. IN THIS RESPONSE, NO ADVICE OR INFORMATION PROVIDED FOR ORAL OR WRITTEN BY THE USER TO APART WILL CONSTITUTE ANY FORM OF WARRANTY FOR APART. IF PROHIBITED BY APPLICABLE LAW, SOME ASPECTS OF THIS SECTION CAN NOT APPLY TO CERTAIN JURISDICTIONS.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ONLY AND SOLELY REMEDY FOR ANY PROBLEMS OR DISSATISTS WITH THE APART SERVICE CONSISTS IN UNINSTALLING THE APART SOFTWARE AND STOPPING USING THE APART SERVICE. EVEN IF APART DOES NOT ASSUME ANY LIABILITY FOR THIRD PARTY APPLICATIONS OR THEIR CONTENT, AND EVEN IF THE RELATIONSHIP WITH THESE THIRD PARTY APPLICATIONS MAY BE ADJUSTED BY SEPARATE AGREEMENTS WITH THOSE THIRD PARTIES, TO THE EXTENT PERMITTED BY LAW ONLY AND ONLY REMEDY OFFERED BY APART FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THEIR CONTENT CONSIST IN UNINSTALLING AND / OR STOP USING THESE THIRD-PARTY APPLICATIONS.
IN THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APART AND ITS OFFICIALS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, AFFILIATES, BRANCHES, SUCCESSORS, ASSIGNEES, SUPPLIERS OR LICENSORS MAY BE CONSIDERED LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL DAMAGES , PUNITIVE, EXEMPLARY OR CONSEQUENT; (2) ANY LOSS OF USE, DATA, BUSINESS OR USEFUL (DIRECT AND INDIRECT).
To the fullest extent permitted by applicable law, you agree to indemnify and hold APART harmless from and against any damages, losses and expenses of any kind (including reasonable attorneys’ fees and costs) arising out of: (1) your violation of this Agreement; (2) any User Content; (3) any activity in which you engage or perform through the APART Service; and (4) your violation of any law or the rights of any third party.
APART operates in full accordance with the applicable International laws. In this sense, any dispute or legal controversy will be resolved in the exclusive courts of the EU.
If you have any questions about the APART Service or Agreements, please contact us at [email protected].
(Don’t worry, we don’t like spam either.)