A.P.C. Loyalty Program Terms And Conditions

A.P.C. US Loyalty Program is a program set up and managed by Atelier de Production et de Creation “A.P.C.”, a French simplified joint-stock company, registered on Paris Trade and Companies Register under number 334 140 167, and having its registered office at 39 Rue Madame, 75006 Paris (hereinafter “A.P.C.”).  This program enables eligible individuals residing in North America who have joined (hereinafter the “Members”) to earn loyalty points to gain rewards.

By joining the A.P.C. US Loyalty Program in any way, the Member unconditionally accepts these Terms and Conditions.

1 – PURPOSE

These Terms and Conditions set out the membership requirements for the A.P.C. Loyalty Program which enables customers to (i) earn loyalty points based on how much they spend in A.P.C. stores and/or on the A.P.C. Website (hereinafter the “Website” as described below) and (ii) use the accrued points to gain rewards described herein.

The A.P.C. US Loyalty Program is exclusively valid in North America, namely:

in all A.P.C. standalone stores (excluding all resellers and A.P.C. concessions in other stores, for example, department stores) located in the US and Canada;

and on the Website, which depends on the delivery location for the items ordered by the consumer.

2 – Joining the A.P.C. US Loyalty Program

2.1. Eligibility requirements

The A.P.C. Loyalty Program is reserved for consumers, who have a postal address in North America, are aged 18 or over, and have a customer account with A.P.C. (created in a store or on the Website).

Joining the A.P.C. US Loyalty Program is free.

2.2. How to join

Customers join the A.P.C. US Loyalty Program once they have 1. made a purchase in an A.P.C. store or on the Website in North America and 2. activated a A.P.C. account. 

Following the first purchase by the Member under the A.P.C. US Loyalty Program, they will receive a confirmation email including their loyalty points accrued per transaction.

2.3. Linking loyalty points with a customer account

In principle, it is linked with the customer's email address with an activated account created on the Website (hereinafter “online customer account”) or in an A.P.C. US store (hereinafter “store customer account”) used by the Member to join. Loyalty points accumulate to the same activated account for both online purchases and A.P.C. US store purchases.

3 – Gaining loyalty points

3.1. Earning loyalty points

The Member will earn points:

- when they make purchases on the Website or at A.P.C. US stores, provided that they give the information required to identify their store customer account at the checkout, which is the email address on file.

- purchases not assigned to the email address on file at the checkout or when confirming an order on the Website may not be taken into account retroactively for the A.P.C. US Loyalty Program.

3.2. Calculating loyalty point

Deferred loyalty points are awarded for each purchase in an A.P.C. US store or order on the Website under the loyalty program email address provided at the store checkout or when placing the order on the Website on the following basis, which may be amended at A.P.C.’s discretion:

1 $ USD = 1 point

Loyalty points are calculated per transaction subtotal. Tax charges do not apply.

Loyalty points are calculated by taking into account the price of the items purchased. Members can also earn loyalty points when purchasing discounted or sale items. 

However, only product prices are taken into account: service charges, such as, without this list being exhaustive, delivery costs, alterations, dry cleaning, packaging (gift packaging or gift packaging with a personalised card), credit notes issued in the scope of Vintage or Recycling offers, etc. are not counted.

Gift card redeemers do not accrue loyalty points. Gift card purchasers receive loyalty points per the $1 = 1 point logic. 

3.3. Crediting loyalty points and validity period of loyalty points

Crediting loyalty points to the Member’s loyalty program account is deferred until the corresponding purchase is complete after 14 days, to account for our return policy.

3.3.1. Crediting validity points for online purchases

For online purchases, loyalty points are credited when the return or exchange period has expired, namely:

- within 14 days following delivery of the order if the Member does not exercise their cancellation right and does not request an exchange or refund in accordance with the Terms and Conditions of Sale.

In the event of exercise of the cancellation right, the loyalty points corresponding to the purchase will not be credited to the Member’s account. All refunds are deducted from loyalty point total.

3.3.2. Crediting loyalty points for in-store purchases

For in-store purchases, loyalty points are credited within 24 hours following the purchase.
The Member is entitled to return an item to a store within 14 days following the in-store purchase or online order delivery date. In this case, the loyalty points are deducted in relation to the returned item from the Member’s loyalty program account. 

3.3.3. Validity period of loyalty points

Loyalty points are valid in perpetuity following the date and time of the Member’s point-generating purchase. However, a Member's tier status and the benefits included within the tier will expire after 1 calandar year if the Member does not maintain their tier threshold via purchases within that calendar year. For example, if a Member makes a purchase at 1.43 p.m. on January 15th, the tier generated by this purchase will expire at the same time on January 15th ithe following year, if purchases have not been made to maintain the tier status.

The Member may view their loyalty points balance at any time:

- in the “Loyalty” section after logging into their customer account on the Website;

- by contacting A.P.C. US Support at contact.nyc@apc.fr

4 – REWARDS

Members are eligible for different rewards depending on how many loyalty points they have accrued in accordance with the provisions of Article 3.

All rewards are reserved for the Member. To gain rewards, the Member must be able to provide their email attached to the loyalty account and proof of identity at all times.

4.1. 500-loyalty point threshold

When the Member reaches the 500-loyalty point threshold, they will qualify for tier 1 loyalty rewards. The Member will continue to benefit from these rewards as long as they fulfil the requirement of having earned at least 500 loyalty points in the last 12 months. For example, a Member who earns 250 points on January 15th, then 250 loyalty points on April 15th will qualify for loyalty benefits on this date when they reach the 500-loyalty point threshold.

- If they do not subsequently earn any other loyalty points in accordance with Article 3, they will continue to benefit from their loyalty tier until 15 January in the following year. On this date, their first 250 loyalty points will expire and the Member will be demoted from their tier status.

- On the other hand, if the Member earns 250 new loyalty points in December, they may benefit from the loyalty rewards until April 15th in the following year.
Accrued points which are spent under the A.P.C. US Loyalty Program offer in accordance with Article 4.2. will continue to be taken into account for the purpose of calculating loyalty points to qualify for tier status benefits for 12 months following the date of the point-generating purchase.  For example, a Member who earns 500 loyalty points on January 15th, then 500 new loyalty points on April 15th will qualify for the A.P.C. US Loyalty Program offer on April 15th when they reach the 1000-loyalty point threshold. Nevertheless, they will continue to be taken into account in relation to loyalty rewards, and the Member will continue to benefit from tier status until April 15th in the following year, when the remaining 500;''p[ loyalty points will expire.

4.2. Loyalty rewards

The Member will qualify for various free services in the way of loyalty rewards.

Loyalty rewards are as follows:
- basic alterations to items purchased in A.P.C. stores will be free:

     . Tightening up or replacement of a denim button;

     . Shortening of the leg on a pair of jeans;

- they enjoy early access to sales events organised at A.P.C. US discretion in stores and on the Website, during which discounts will be offered;

- invites to exclusive A.P.C. US events at A.P.C. US discretion;

No loyalty points are deducted from the Member’s loyalty program account for using the loyalty rewards set out above.

4.3. 1000-loyalty point threshold

When the Member reaches the 1000-loyalty point threshold, they will qualify for the A.P.C. US Loyalty Program tier 3 offer, which enables them to receive a free item from an identified selection of items. Qualifying for the A.P.C. US Loyalty Program offer triggers the automatic deduction of 1000 accrued points.

The A.P.C. US Loyalty Program tier 3 status is valid for 12 months following the date on which the 1000-loyalty point threshold is reached, regardless of any changes to the Member’s loyalty point balance during this 12-month period (hereinafter referred to as the “Validity Period” of the A.P.C. US Loyalty Program offer).

The A.P.C. Loyalty Program offer is valid:

- in A.P.C. stores by providing the email address attached to the loyalty program and proof of identity;

- on the Website, by logging into their customer account linked with their loyalty program account via the “Loyalty” page. The Member may then place an order for their free item (hereinafter the “Loyalty Program Order”). We provide free standard delivery for Loyalty Program Orders in the US. Canadian residents are required to pay shipping.

To benefit from the A.P.C. US Loyalty Program offer in an A.P.C. US store, the same process as set out above for the rest of the Eligible Area will apply.

A.P.C. staff will check that the Member is eligible for the A.P.C. US Loyalty Program offer and the availability of the item:

If the item is available: A.P.C. staff will carry out the transaction under the A.P.C. US Loyalty Program offer.

- If the item is not available in the store but in the A.P.C. US network: A.P.C. staff will offer the Member to arrange for the chosen item to be transferred to the store and inform the Member when it is received to carry out the transaction;

- After the sale transaction, A.P.C. staff will send the item to the Member by the carrier chosen by A.P.C. (at its discretion).

- The item will be delivered by parcel to the Member including information on the exchange process, where necessary. It is only possible to exchange the size of the item ordered (excluding the model), within the limit of one exchange.

- If the Member wishes to exchange the item, they can contact the reference store by email or by phone to receive a return label by email. A.P.C. US will pay the return postage.

Once the Member has returned the item and following receipt by A.P.C. staff, they will send the new selected item to the Member, subject to availability, in accordance with the same process set out above for the initial shipment. Or the Member has the option of receiving their loyalty points back.

The item received under the A.P.C. US Loyalty Program offer may be exchanged only once. The item received may only be exchanged for the same model in a different size.  The Member must follow the standard exchange process.

The item received as part of the A.P.C. US Loyalty Program offer may never be returned for payment of its equivalent value in cash.

5 - Terms and conditions of use of the A.P.C. US Loyalty Program

Loyalty accounts are personal and individual.  A customer (same name, same address) may only join the A.P.C. Loyalty Program once: multiple accounts are not allowed. In addition, the same email address or the same telephone number may only be linked with one loyalty account.

The A.P.C. Loyalty Program is reserved for individuals for their own, non-professional use.

The Member may not assign or transfer, in any way whatsoever, all or part of their rights and/or obligations under the A.P.C. US Loyalty Program without A.P.C.’s prior consent in writing.  Loyalty points are personally linked to the Member and are consequently not assignable or transferable.

6 - Personal data

When the Member joins the A.P.C. US Loyalty Program, A.P.C., acting in its capacity as data controller, collects and processes the Member’s personal data. To join the Loyalty Program, the Member must activate their A.P.C. account and provide first name, last name, email, address, and phone number.

Data collected is required for the purpose of membership of the Loyalty Program and performance of the loyalty program agreement entered into between A.P.C. US and the Member. The Member’s personal data is stored for this purpose for the whole duration of their membership of the A.P.C. US Loyalty Program, followed by five years corresponding to the applicable legal limitation period.

Data collected in the scope of the A.P.C. US Loyalty Program (information on purchases and use of the Loyalty Program) is also processed by A.P.C. US for statistical purposes to pursue its legitimate interest and is stored for this purpose for three years before anonymisation.

Data collected by A.P.C. US is only disclosed or made available to individuals on a need-to-know basis for the purpose of membership and running of the A.P.C. US Loyalty Program. This personal data is also disclosed to A.P.C.’s external service providers responsible for advertising and communication.

On joining the A.P.C. US Loyalty Program, the data on the online customer account or store customer account, depending on the channel used by the customer to join the A.P.C. US Loyalty Program, is automatically linked with the loyalty account.  The Member is asked to check this data and, where applicable, add any data required that has not yet been provided to create the loyalty account.

Membership of the A.P.C. US Loyalty Program can only be taken into account if the mandatory data is accurate, complete and exploitable.  

The Member may provide their telephone number when joining the A.P.C. US Loyalty Program. In accordance with applicable legal provisions, the Member may register on the do-not-call list to opt out from telephone marketing calls at any time and free of charge.

The Member is liable for the accuracy of the data they provide for the purpose of creating their customer account and joining the A.P.C. US Loyalty Program.

The Member is liable for keeping their data up-to-date by amending their data in an A.P.C. US store or on the Website. A.P.C. US shall not be liable for the Member not receiving any communications, invitations, offers or items addressed to them under the A.P.C. US Loyalty Program due to inaccurate or outdated data.

In accordance with the applicable rules, the Member has a right of access, a right to rectification, a right to erasure, a right to restrict processing of their Personal Data, a right to object to processing of their Personal Data, a right to give instructions on what should happen to their Personal Data after their death, and the right to portability of their Personal Data.

For more information on how you can exercise your rights and how A.P.C. processes personal data, please consult our Privacy Policy.

7 - Term and termination

Membership of the A.P.C. US Loyalty Program is for an indefinite period.

7.1. Termination by the Member

The Member may terminate their membership at any time by sending their termination request together with a copy of their proof of identity by email to contact.nyc@apc.fr.
Termination of membership of the A.P.C. US Loyalty Program will lead to the definitive loss of any accrued points.

7.2. Amendment and end of the A.P.C. US Loyalty Program by A.P.C.

A.P.C. reserves the right to amend the Loyalty Program and its terms and conditions. It shall inform the Member of such amendments by the means considered to be the most appropriate by A.P.C.  The most recent version of the terms and conditions applicable to the A.P.C. US Loyalty Program are available on the Website. Therefore, A.P.C. asks Members to consult the Website regularly.

A.P.C. reserves the right to suspend or end the Loyalty Programme subject to first informing the Members with reasonable notice.  If the A.P.C. US Loyalty Program is stopped, Members who have gained rewards (eligibility for loyalty rewards and the A.P.C US Loyalty Program offer) will continue to benefit from these rewards during the remaining period in accordance with Article 4 above.

The Member will not be entitled to any compensation as a result of any amendment, suspension or termination of the A.P.C. US Loyalty Program.

7.3. Suspension or deactivation of a loyalty program account by A.P.C.

A.P.C. reserves the right to suspend or deactivate a Member’s loyalty program account, which will result in the cancellation of their accrued points, without the Member being entitled to claim any compensation:

- In the event of conduct likely to disrupt the proper functioning of the A.P.C. US Loyalty Program, and in particular in the event of fraud, attempted fraud, or in the event of misuse or attempted misuse of rewards offered under the A.P.C. US Loyalty Program;

- In general, in the event of non-compliance with these Terms and Conditions.

In the event of complete lack of activity on the Member’s account(s) with which their loyalty program account is linked during 36 consecutive months, and if the Member does not make any purchases using their loyalty account during this period, their membership of the A.P.C. US Loyalty Program will be automatically terminated and their loyalty program account will be deactivated.

A.P.C. will suspend or deactivate the Member’s loyalty account after informing them by email sent to the email address provided when they joined the A.P.C. US Loyalty Program.

8 - Liability

A.P.C. shall use its best efforts to ensure the proper functioning of the US Loyalty Program. However, A.P.C. shall not be liable for any direct or indirect consequences of any failures or shortcomings in the Loyalty Program.

9 – Information and complaints

For all requests for information, complaints or questions about the A.P.C. US Loyalty Program, Members are kindly asked to contact A.P.C. US Support by email at the following address: contact.nyc@apc.fr.

10 - Applicable law

These Terms and Conditions are governed by US law.

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