For all purchase agreements made on this page, the following terms and conditions apply:

YOUR SUPPLIER AND CONTRACTOR APA-INTEMPORAL IS A SERVICE OF:
APA-INTEMPORAL Sprl

37 av de la Sapinière
1180 Bruxelles
Belgium
Directors: Lea Potache
Commercial Register: Kruispuntbank van Ondernemingen / Banque Carrefour des Entreprises 0659.792.218 Belgium
VAT ID: BE0659792218

§ 1 SCOPE AND PARTIES

(1) These General Terms and Conditions, in the version applicable at the time an order is placed, govern the relationship between APA-INTEMPORAL Sprl, 37 av de la Sapinière, 1180 Bruxelles, Belgium (the “Seller”) and the customer (the “Customer”),and apply to transactions at the Online Store (https://www.apa-intemporal.com),the “Online Store”). When placing an order the Customer can access the General Terms and Conditions via the links in the Online Store or save them on his computer and/or print them out. The General Terms and Conditions that apply to the Customer’s order will, however, be sent to him separately, together with the acknowledgment and receipt or contract confirmation, as well as when the goods are delivered, on a durable storage media (e.g. as an e-mail, pdf attachment or printout on paper).

(2) The following company provides customer service for the Online Store on the Seller’s behalf. The Customer may contact it with questions, requests or complaints: APA-INTEMPORAL Sprl, 37 av de la Sapinière, 1180 Bruxelles, Belgium E-mail: info@apa-intemporal.com

(3) The range of goods in the Online Store is aimed only at consumers of legal age who can provide a delivery address in the following countries: Australia, Austria, Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, France, Greece, United Kingdom, Ireland, Italy, Japan, Croatia, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Canada and the USA; Consumer within the meaning of the statutory definition is any natural person acting for purposes which are wholly or mainly outside his trade, craft or business.

§ 2 THE ORDER PROCESS

(1) The Online Store merely constitutes an invitation to the Customer to make an offer to enter into a purchase contract for the goods presented in the Online Store.

(2) The Customer may select items from the Seller’s range of goods and collect these in a “Shopping Cart” by clicking on the “Add to Shopping Cart” button. By clicking on the button “Place order and pay”, the Customer makes an offer to purchase the goods that are in his Shopping Cart (the “Order”).

(3) Goods will only be delivered in the quantities usual for private households. For business inquiries please contact info@apa-intemporal.com.

(4) Before placing an Order, the Customer can view and amend the details of his Order at any time by clicking on the “Shopping Bag & Checkout” button.

(5) After submitting his Order, the Customer will automatically be sent an acknowledgment of receipt by e-mail with a summary of the details of his Order. This automatic acknowledgment of receipt does not constitute acceptance of the Customer’s offer by the Seller; it merely documents the fact that the Seller has received the Customer’s Order.

(6) A binding contract of sale is first concluded when the Seller accepts the Customer’s Order. The Seller is entitled but not obliged to accept the Customer’s offer within 7 days from its receipt. The Seller declares its acceptance by sending the Customer a dispatch confirmation by e-mail (also referred to as the “Contract Confirmation”).

(7) If several items are included in an Order, a contract is only concluded in respect of the items expressly mentioned in the Contract Confirmation.

(8) The aforegoing also applies where, due to his selected method of payment, the Customer has already paid the purchase price or given payment instructions before the conclusion of the contract. If for any reason no contract is concluded, the Seller will notify the Customer of this by e-mail (in the case of contractual acceptance in respect of part of the Order, it will do this together with Contract Confirmation in respect of available items),and refund the Customer the pre-payment without delay.

(9) The Customer’s statutory right of withdrawal (see § 7) remains unaffected by the preceding provision.

(10) The contract is concluded in English. The Seller will save a copy of the contract wording (consisting of the Order, the General Terms and Conditions and the Contract Confirmation),and forward it to the Customer.

§ 3 DELIVERY, DELIVERY TIMES, AVAILABILITY OF GOODS

(1) From 27th of November 2017 until 15th of February 2018 ( also referred to as the “Pre-Production Period” ) no shipment of goods will be available. The DELIVERY, DELIVERY TIMES, AVAILABILITY OF GOODS of § 3 will only take place starting 16th of February 2018. Article § 3.2 | 3.3 | 3.4 will only apply from 16th of February onward.

(2) Unless agreed otherwise, the goods will be delivered to the Customer at the delivery address provided. Delivery is only available within the above mentioned countries. The Seller will notify the Customer of the delivery time, where appropriate, during the order process, and in the dispatch confirmation. Unless otherwise stated, delivery time for standard deliveries will be approximately 3 to 7 business days from the contract confirmation within the European Union and 7 to 10 business days outside of the European Union (subject to availability). Further information about dispatch options, the carriers used and the delivery process may be viewed on the Online Store’s information pages.

(3) After the goods have been handed over to the carrier, the Customer will receive an e -mail with a confirmation of dispatch from the Seller and a tracking link allowing him to monitor the delivery status of his Order.

(4) If the Seller is unable for reasons beyond his control to meet a binding delivery deadline (unavailability of goods, for example, due to failure of the Seller’s own supplier to deliver or force majeure), they will inform the Customer without delay and, where applicable, specify a new estimated date of delivery. If the new delivery time is unacceptable to the Customer or the goods are also not available within the new delivery time or not available at all, either party will be entitled to rescind the contract in respect of the goods concerned; in this case the Seller will give the Customer a refund for any payment already made. Any statutory rights of the parties will remain unaffected.

§ 4 EXCHANGES

You have the right to exchange your order within 30 days without giving any reason. The items must be return in unworn condition, free from any damages, and with the original tag and barcode attached. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before the fulfillment of our obligations under Article 246 §2 in connection with §1 paragraph 1 and 2 draft law and our obligations according to §312e Section 1 Clause 1 Belgian Civil Code in conjunction with Article 246 §3 Belgian Civil Code. 

To exercise your right of exchange please contact our customer service: info@apa-intemporal.com Returns will only be accepted using APA issued return labels. The new items will be sent only after receiving and inspecting the return items.

Exchanges will not be possible for used or worn items without the hang-tag attached. APA Intemporal reserve the right to refuse exchanges if items are returned damaged or with visible signs of usage.

§ 5 PRICES AND DELIVERY CHARGES

(1) All of the prices listed on the Seller’s website include the currently applicable statutory value-added tax.

(2) The Seller will notify the Customer, where applicable, of the delivery charges as well as of any additional charges, e.g. for gift wrapping, on the order form immediately before the Order is placed. The Customer will bear the notified delivery charges and any additional charges. Shipping costs may vary depending on the country of the shipment. The final cost of shipping will be displayed in the checkout. All applicable duties and taxes are included. Please contact our customer service for any questions: info@apa-intemporal.com

§ 6 PAYMENT

(1) The Seller only accepts the methods of payment shown during the order process.

(2) To protect itself against the risk of default in payment by the Customer, the Seller reserves the right to exclude certain methods of payment in an individual case.

(3) For orders we offer the payment methods credit card, Paypal. We reserve the right to exclude certain payment for certain clients.

(4) If you are paying by credit card, the value of the order will be debited from the account upon order completion.

§ 7 RIGHT OF WITHDRAWAL

(1) Consumers as defined in § 13 Belgium Civil Code (Burgerlijk Wetboek/Code Civil) have a legal right of withdrawal in the case of goods bought at a distance. In accordance with the legal provisions, we would like to inform you about this right as follows:

INSTRUCTIONS ON WITHDRAWAL

RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract a) for APA-INTEMPORAL sprl

within 30 days without giving any reason. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before the fulfillment of our obligations under Article 246 §2 in connection with §1 paragraph 1 and 2 draft law and our obligations according to §312e Section 1 Clause 1 Belgian Civil Code in conjunction with Article 246 §3 Belgian Civil Code. To exercise your right of withdrawal, you must inform us (see below for contact details) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also download a withdrawal form on our website electronically. You can also exercise your right of withdrawal by returning the relevant item to us, within the time limit for withdrawal; no separate declaration is then necessary. To exercise your right of withdrawal within the withdrawal period, it is sufficient for you to send a notice concerning your exercise of the right of withdrawal before that period has expired. Contact details for the exercise of the right of withdrawal: To exercise your right of withdrawal by letter, please write to:

APA-INTEMPORAL SPRL, 37 Avenue De La Sapinière, 1180 Bruxelles, Belgium

To exercise your right of withdrawal by e-mail, please e-mail us at: info@apa-intemporal.com or call: (+32) 28 08 15 76

To exercise your right of withdrawal by returning the goods, please send them to: APA-INTEMPORAL SPRL, 37 Avenue De La Sapinière, 1180 Bruxelles, Belgium

EFFECTS OF WITHDRAWAL

If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of initial delivery, without undue delay and in any event not later than 14 days from the earlier of the day on which we receive the returned goods from you or evidence that you have sent them back. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise with you; in any event, we will not impose any fee for such reimbursement. We may withhold reimbursement until we have received the returned goods or until you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us (see above). The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods if the goods were handled in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.

 

(2) In accordance with the statutory provisions, we would like to inform you about the model withdrawal form as follows. However, it is not mandatory to use this form.

Cancellation form (Complete and return this form only if you wish to withdraw from the contract)

To {APA-INTEMPORAL SPRL, 37 Avenue De La Sapinière, 1180 Bruxelles, Belgium}E-mail: info@apa-intemporal.com

I hereby give notice that I withdraw from my contract of sale of the following goods:
Ordered on:
Name of consumer:
Address of consumer:
Date:

(3) As an extension of the statutory provisions: – The Customer can also exercise his right of withdrawal by returning the relevant item to the Seller, within the time limit for withdrawal; no separate declaration is then necessary. – The Customer will bear the direct cost of returning the goods.

§ 8 WARRANTIES

The Customer has certain rights under the law. These include:

(i) that any products supplied by the Seller will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on the Online Store and

(ii) certain remedies if a product is defective.

Nothing in these General Terms and Conditions is intended to affect these rights. The Seller will only be liable for loss or damage in accordance with the provisions of § 9.

§ 9 LIABILITY

(1) The Seller does not exclude liability for fraud or for death or personal injury caused by its negligence or that of its employees or agents.

(2) The Seller is not responsible for losses and damage that the Customer might suffer which are: – not caused by the Seller’s breach of these General Terms and Conditions; – a side effect of the main loss or damage and which are not reasonably foreseeable by you and us when the Customer begins to use the Website; a result of the Seller’s failure to provide the Website (or any part of it) or withdrawal of products from the Website or a result of our refusal to accept an order for any reason; – caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to the Customer’s use of the Website (including your downloading any content from the Website or any website linked to it); – failure by the Seller to meet any of its obligations where it is prevented from doing so by events beyond its control (including, but not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God).

(3) The Seller’s total liability to the Customer for any loss or damage arising in connection to this Agreement will be limited to 150% of the value of products purchased by the Customer.

(4) The aforementioned limitations on liability are also valid for the legal representative and agents of the Seller.

(5) The aforementioned limitations on liability do not apply where the Seller has fraudulently concealed a defect or has guaranteed that the goods are of a certain nature.

§ 10 CHOICE OF LAW AND JURISDICTION

(1) Contracts between the Seller and the Customer as well as these General Terms and Conditions are governed by the laws of Belgium. Brussels is the exclusive place of jurisdiction for all disputes arising indirectly resulting disputes.

(2) The contractual language is English

(3) These terms and Conditions as well as the further relationship between APA-INTEMPORAL SPRL, and the customer are subject to Belgian law. The CISG does not apply.

§ 11 DISCOUNT CODES

(1) Unless specifically written, multiple discount codes can not be combined for a purchase.

(2) Discount codes can not be used for products which are already on sale.

§ 12 KICKSTARTER AND INDIEGOGO BACKERS 

APA-Intemporal terms and conditions are meant for customers who purchased and made the payment through the online store.

All Kickstarter and Indiegogo backers are excluded from the rights described in these terms and conditions, or any confirmation email or invoice received by APA Intemporal. In all cases Kickstarter and Indiegogo (the paying platform) terms and conditions will take place.

For Kickstarter and Indiegogo backers, exchanges are possible. However, the customers will be responsible for all exchanges shipping costs (to and from APA Intemporal). Customers are fully responsible for shipping the coats back to APA-Intemporal, and they hold sole lability for shipment loss, damages, duties or taxes fees, caused by the returns.

To exercise the exchange process, the backer will need to e-mail us at: info@apa-intemporal.com or call: (+32) 28 08 15 76

Exchanges are subjected to the availability of stock. In case the backer’s size and style choice is no longer available, APA-Intemporal will offer an alternative size and style from the available stock.

APA Intemporal reserve the right to refuse exchanges if items are returned damaged, with visible signs of usage or without the original hang tag attached.

Kickstarter and Indiegogo backers are not eligible for returns or refunds (RIGHT OF WITHDRAWAL) .

Effective Date: November 27, 2018