LAST UPDATED: July 2023

1. Discount Description and Overview

The A.P.C. Nine Orchard Guest Discount (“Discount”) runs until terminated by the Brand (“Discount Period”). By claiming in the Discount, each customer unconditionally accepts and agrees to comply with and abide by these Terms & Conditions, as well as the decisions of A.P.C. (“Brand”).

2. Eligibility

The Discount is open only to Nine Orchard Hotel guests, within 6 months of hotel stay, who are at least eighteen (18) years of age or older, or the age of majority in their jurisdiction of residence. The Discount is subject to all applicable federal, state and local laws
and regulations. By claiming in this Discount, customers agrees and acknowledges that: a) they have read and understands these Terms & Conditions ; b) they have met these Discount eligibility requirements; c) they unconditionally accepts and agrees to be bound
by these Terms and Conditions and the decisions of the Brand, which are final and binding in all matters related to the Discount; d) they waives any right to claim ambiguity in this Discount or these Terms & Conditions.

3. Eligibility

There is one way to be eligible to the Discount:
Stay at Nine Orchard Hotel. Only guests who has stayed at the Nine Orchard within the past 6 months, are eligible for the Discount. Customers will have to provide proof of their stay at the Nine Orchard Hotel, to claim the discount.
Limit one (1) discount per person during the Discount Period. Claims that do not conform to or that violate these Terms & Conditions or are submitted in any manner other than stated in these Terms & Conditions will not be eligible.

4. Discount

The Discount will be a one time 20% discount only valid at A.P.C. on 131 Mercer St, New York, NY 10012. This Discount will only be valid on full-price items. Exclusions will apply on all Quilts and Interactions items. The Discount will not be stackable or combinable with any other discounts. The Discount will not be redeemable online.

5. CUSTOMERS WILL BE SUBJECT TO VERIFICATION OF HOTEL STAY BY BRAND REPRESENTATIVES WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE DISCOUNT.

6. General Conditions

Brand reserves the right to cancel, suspend and/or modify the Discount, or any part of it, if any fraud, technical failures or any other factor beyond Brand’s reasonable control impairs the integrity or proper functioning of the Discount, as determined by Brand in its
sole discretion. Brand reserves the right in their sole discretion to decline the Discount to any individual it finds to be acting in violation of these Terms & Condition or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Discount may be a violation of criminal and civil law, and should such an attempt be made, Brand reserves the right to seek damages from any such person to the fullest extent permitted by law. Brand’s failure to enforce any term of these Terms & Condition shall not constitute a waiver of that provision.

7. Limitations of Liability

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by customers, printing errors or by any of the equipment or programming associated with or utilized in the Discount; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, or network hardware or software; (3) unauthorized human intervention in any part of the claim process or the Discount; (4) technical or human error which may occur in the administration
or the processing of Discount; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from customer’s claim of the Discount.

8. Disputes

Customers agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Discount, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the South
District of New York or the appropriate New York State Court located in New York County, New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (iii) under no circumstances will customers be permitted to obtain awards for, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, or the rights and obligations of the customers and Brand in connection with the Discount, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

9. Privacy

Except as noted in these Terms& Conditions, information collected for the purchase with this Discount is used consistent with the privacy policy at https://www.apc-us.com/pages/privacy-policy.

10. Brand

A.P.C.