Terms of use

1. General

The following terms and conditions (henceforth: the Terms and Conditions”) are valid between you and Acne Corp. (Reg. No. 371624968 New York) (henceforth: Acne Studios; may be referred to as “us” and “we”) and apply to all use of and orders placed on Acne Studios website acnestudios.com, and orders made by telephone, e-mail or by live chat with Acne Studio’s Customer Service team (henceforth together: the “Website”). Please note that Acne Studios does not guarantee that all products presented on the Website are in stock or are available for purchase. Acne Studios eserves its right to stop selling a product. Orders can only be placed by persons that are 18 years or older. Acne Studios reserves the right to revise the Terms and Conditions at any time. The date of the latest update is found in the final section of the Terms and Conditions. Users are responsible for keeping themselves updated with such changes. Please note that the terms and conditions valid for your order is always the terms and conditions that is in effect as of the time that you have placed your order and not a later version. You should keep a copy of these Terms and Conditions for future reference.

2. Language

The language of the Terms and Conditions is English.

3. Acne Studios Universe

When signing up to the Acne Studios Universe you will be able to choose a password with which you can log in to your account online and view your order history and track your order. If you would like to delete an account you can also contact customercare@acnestudios.com and the customer care team will assist you. If you sign up, you can also chose to store a credit card for a future purchase. All information regarding your stored credit cards can be changed and deleted when logging in to your account. Your details will be protected using Global Sign Encryption and will speed up your checkout the next time you shop. Further membership policy information can be read here.

4. Placing order

By using the Website and/or placing an order on the Website, by telephone, e-mail or by live chat you confirm that you have read the Terms and Conditions and the Privacy Policy, and that you accept them; if you do not accept these Terms and Conditions and Privacy Policy, do not place an order. Please make sure that you have read and understood the Terms and Conditions before you place an order. Before you place your order, you will be given the opportunity to review your selections, the information you have provided, the total price of your order and correct any input errors. Please note that products in your shopping bag are not reserved and may be purchased by other customers until you have placed the order at checkout and received the order confirmation email. If prolonged inactivity causes your connection to the Website to fail, your selection of products may be lost. In such case, you will be required to re-enter your selection of products to the shopping bag.

5. Order confirmation

After submitting your order, we will send you an order confirmation e-mail with your order number, details of the product you have ordered from us, your payment details and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order. Acceptance and shipping confirmation Please note that all orders placed by you are subject to availability. Once the order has been processed, a shipping confirmation e-mail will be sent with all relevant information about your order. The shipping confirmation is our acceptance of your order. Please note that Acne Studios does not guarantee that all products presented on the Website are in stock at the time of your order. If a product is unavailable, we will contact you shortly, by phone or by e-mail. If we already have received payment for such product, we will refund you the amount of the purchase.

6. Colors

Acne Studios’ goal is to describe the products at the Website as correctly as possible. However, please note that due to the color settings of your computer, the colors of the products shown in the pictures on the Website can differ somewhat from their actual colors. Acne Studios cannot be held responsible for any such discrepancy.

7. P

The prices and delivery costs shown on the Website include sales tax.The prices may vary between the physical store and the Website. Please also note the Acne Studios may cancel the order even if it has been accepted by Acne Studios under the condition that you realize or should have realized that the price information was incorrect. The delivery costs are shown in connection with the shipping methods at the checkout stage.

8. Personalised items

Personalised products through printing of initials cannot be returned or refunded. Once the order has been sent by the customer and confirmed by Acne Studios, the customer will be informed via an order confirmation email. Once the order is processed and accepted, the customer will receive a shipping confirmation email. Personalised items may be delivered in a time slot indicated on the site which may be longer than regular delivery slots. Because of the clearly personalized nature of personalised products and the fact that they are produced specifically for the customer, they cannot be returned, refunded or exchanged. Similar, the customer does not have the right to cancel the order.

9. Payments

The following payments are accepted. Credit cards and debit cards
Payment can be made by the following credit cards: Visa, Mastercard and American Express. Payment can also be made by the following debit cards: Visa and Maestro. (Maestro and Visa Electron: please check with your bank to make sure your card is valid for online purchases). The purchases made with Visa and Mastercard are verified by a secure code. Please note that your card is debited with the purchase amount once Acne Studios has sent you the order confirmation email. We do our best to make the Website as secure as possible. All credit/debit card transactions on the Website are processed using Adyen, a secure online payment gateway that encrypts your card details in a secure host environment. Payment will be debited and cleared from your account upon acceptance of your order by Acne Studios. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Acne Studios, your order will be cancelled. We are not responsible for any charges or penalties which may be imposed by the payment provider as result of payment being processed in respect of your order.

Paypal
When selecting the PayPal option, you will be directed to the PayPal site to “Log In” and review the amount shown before clicking “Pay Now”. Once this transaction is complete, you will then return to the Website.

Stored Credit Cards
At Checkout you can chose to save your credit card for future purchases if you are logged in to your Acne Studios account. Your details will be protected using Global Sign Encryption and will speed up your checkout the next time you shop.

Gift Cards
When placing an order with a gift card, the order can only be shipped to the same country as where the gift card was issued. Acne Studios are unable to change the currency of the gift card in order to use it in another country. Gift cards are valid five year from the date when they were purchased.

10. Delivery

Shipping methods
We offer different shipping methods to meet your needs as further specified when you check out. Dispatch of orders may take up to 7 business days but we aim to dispatch all orders within 24 hours during weekdays, or 1-2 business days during sales periods. Please note that delivery times are provided as guidelines only, and commence from the date of dispatch. The delivery times do not take into account possible delays caused by payment authorization and/or stock availability. If Acne Studios fails to deliver within 30 days, you may have the right to cancel the purchase. Your order will be delivered by UPS to the shipping address you have indicated. All orders are fully traceable on the Website by logging in to My account. Click “My Orders” and fill in the tracking number for updated information about your shipment.

First-time order policy
For security purposes, Acne Studios reserves the right to ship first-time orders to the cardholder's verified billing address or work address. To avoid delays in receiving your order, please make sure to provide the correct billing and shipping information associated with your credit/debit card when placing an order.

11. Returns and exchanges

Returns
You are entitled to return your purchase for a refund or exchange your product/s by submitting or sending notice thereof to Acne Studios and postmarking/dispatching the product/s within 14 days of the date on which you have received the product, provided the product has not been materially used or worn.

The notice may be sent to us using our electronic Return Merchandise Authorization (RMA) system by logging into you acnestudios.com account and following the instructions in this section. Please note that you of course do not need to use the electronic system but may send us an e-mail to the customercare@acnestudios.com with (i) your order information, and (ii) that you request a refund or seek to exchange your purchase.

Please include the order number of the transaction with your request. In due course, we will send you a confirmation that we have received your notice and that it is being processed. Please always refer to your order number in all communications with us. You may wish to keep a copy of your return/exchange request for your own records.

Upon sending notification to us of your return or exchange request, please return the product/s as soon as reasonably practicable but no later than 7 days after sending your notice.

When returning please follow the steps below.
- Visit www.acnestudios.com and log into your account to begin a return or exchange.
- Click on “my orders”
- Find the order you would like to return/exchange, and click on "return" to begin the return/exchange process
- Select which item(s) you would like to return, exchange, and then a resolution (whether you want a refund or exchange), and also the reason for return.  Kindly note that you must add each item one at a time, so once you have added the first item you can add other items from your order.
  - After you have completed the return/exchange request, place the return information label and pre-paid return label on the box over the prior delivery information.
- Close the box and tape securely.
- Place the prepaid return shipping label on the box over the prior delivery information.
- Call UPS at 1-800-PICK-UPS (1-800-742-5877) to arrange a collection.

Your package will be delivered to our return center at:
  Acne Studios Online Returns
401 Broadway
Ste 2202
New York, NY 10013
We prefer that products be returned through Acne Studios return service to ensure they are protected and insured during transit. However, you may return the products by any secure transport.

Refund relating to returns
If you choose to return your purchase in accordance with the terms set forth in this section 11, Acne Studios will issue a refund of the amount paid to Acne Studios. However, if Express shipping has been used, Acne Studios will not issue a refund of the original shipping fee. Acne Studios will pay the refund within 14 days of the date on which we have received your notice of return/exchange, under the condition that Acne Studios has received the product/s from you or if Acne Studios has obtained proof that the products have been sent back to Acne Studios. The refund is made using the same payment method you used at the purchase if you do not explicitly accept another method. You will not be charged extra if another payment method is used.

Please note that Acne Studios only issues a full refund if the product/s is in the same conditions as at the time of delivery. If the products’ value has diminished due to your handling of the products to a greater extent than is necessary in order to ascertain its characteristics or function, you have an obligation to reimburse us. Thus, Acne Studios then has the right to withhold such amount of the refund.

To avoid a deduction, please make sure the product you wish to refund is in the exact same condition as when you received them, with tag and seal still attached. All shoes must not be used at all or on a carpeted surface until you have decided to keep them. Shoes and accessories that come in a special box, must be returned in their undamaged original box which is considered to be a part of the product.

Exchanges
Purchased products are exchangeable into a different size and color in accordance with the terms set forth in this section 11. All exchanges are based on stock availability. If you have exchanged a product, Acne Studios will pay the shipping costs for the new product. Shipping costs for returning the products Acne Studios offer a free return service and Acne Studios will pay the shipping cost for returning the products sent from the U.S. for a refund or an exchange.

12. Defective products

If you receive defective products, please notify us immediately and within a reasonable time after you have detected that the products are defective.

If Acne Studios reasonably determines that the products are in fact defective, Acne Studios reserve the right to send you a non-defective identical replacement itemwill make a full refund to you, including shipping costs.

13. Acne studios’ quality guarantee

Acne Studios acts in accordance with applicable consumer regulations. Please notify us as soon as possible after receiving defective products.

14. Copyright permission notice

Copyright in the documents provided in this site (including, without limitation, the trademarks of Acne Studios, graphics, text, photos, designs, logos, icons, images, data and software) are owned by or licensed to Acne Studios and its affiliates. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, duplicate or otherwise distribute the material to others without prior consent from Acne Studios. You may not modify the material in any way, without the prior written permission of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied. For press inquiries, please view our contact pages at http://press.acnestudios.com

15. Trademarks

Acne Studios' trademarks include but are not limited to the Acne Studios name and logo, Acne, Acne Studios, Acne Jeans, Acne Retail and Acne Paper. Please note that your use of this Website does not grant you any rights to use our trademarks.

16. Privacy policy

Please see Acne Studios’ separate Privacy Policy which can be found at www.acnestudios.com.

17. Cookies

Cookies are used on the site to improve your browsing experience. In addition to use for statistical purposes, cookies identifies your computer and allows the site to recall your personal settings. You browser can be set to send a notification when a cookie is activated. This allows you to deny use of this cookie or to delete the cookie at the end of your visit. The Website cannot be accessed if cookies are disabled. By browsing the Website you consent to the use of cookies.

18. Security

Acne Studios use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. Acne Studios online shop secures communications by encrypting all data to and from the site. When placing an order, you can immediately check the security validity by clicking the Thawte icon at checkout. For security reasons, we do not store any payment information in our database.

19. No liability

While Acne Studios endeavors to keep your information private, in no event will Acne Studios be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Website, even if Acne Studios’ or its agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Acne Studio’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Acne Studios.

To the fullest extent permitted by applicable law, Acne Studios and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the "Indemnified Parties") shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Acne Studios or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.

20. Resale Policy

You may purchase products on www.acnestudios.com for personal use only and not for resale. By placing an order on www.acnestudios.com, you certify that you are purchasing products for your own personal use and not for resale and that you accept the Terms and Conditions. We reserve the right to refuse orders for any reason without explanation.

21. Information on the website

Acne Studios cannot promise that the content of the site is free of inaccuracies or typographical errors. Neither can we guarantee that all information is up-to-date. Acne Studios may, at any time, amend the content of the site. Although Acne Studios strives to display the correct texts, images and pricing on the site and online shop, errors may occur. Part of the services provided through the site are maintained by third party operators. In situations where Acne Studios acts as agent for such services, we cannot be held responsible for any errors resulting from their activities. Acne Studios cannot be held responsible for any damage caused from using the site or, for that matter, not being able to use the site. Acne Studios cannot guarantee problem-free, uninterrupted, and secure access to the site.

22. Links

The Website may contain links to other websites beyond our reach. We cannot be held liable for content or privacy policies of such sites.

23. Violation of rules

Acne Studios reserves the right to seek all solutions available at law and in equity for violations of these Terms and Conditions, including the right to block access to the site. Individuals violating the restriction of password-protected areas of the site may be subject to prosecution.

24. Acne Studios responsibility

Acne Studios liabilities to you are limited in each separate case to these Terms and Conditions unless otherwise is stipulated by law. In no case whatsoever will Acne Studios assume any liability for indirect damages such as loss of profit or in case of force majeure such as war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. Acne Studios’ liabilities to you will never exceed your total purchase amount for each order. In case of force majeure, Acne Studios’ obligations will be suspended. The contract between you and Acne Studios can, in such cases, be partially or fully terminated by yourself or by Acne Studios.

25. Provisions severability

If any part of these Terms and Conditions are held to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms and Conditions; instead the invalid terms and conditions shall be replaced with other terms in order to give effect to the commercial intentions of these Terms and Conditions.

26. Claims resolution

Contact Acne Studios First
If a dispute arises between you and Acne Studios, our goal is to learn about and address your concerns. You agree that you will notify Acne Studios about any dispute you have with Acne Studios regarding these Terms & Conditions by contacting Acne Studios.

Binding Arbitration
You and Acne Studios agree, subject to section 26(G) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms & Conditions or your use of the Products and/or Subscription Services to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made.

This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products. Subject to section 26(G) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms & Conditions or your use of the Products(whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures
You must first present any claim or dispute to Acne Studios by contacting us to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to Acne Studios. Acne Studios may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with section 27(Notifications).

The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this agreement. The place of any arbitration will be New York, NY, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.

Any arbitration shall be confidential, and neither you, nor Acne Studios nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

No Class Actions
There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

Fees and Expenses.
All administrative fees and expenses of arbitration will be divided equally between you and Acne Studios. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

YOU MUST CONTACT ACNE STUDIOS WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.

Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Acne Studios may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

27. Notifications

Acne Studios may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Acne Studios account, hard copy, or posting of such notice on the Acne Studios website. Acne Studios is not responsible for any automatic filtering you or your network provider may apply to email notifications. Acne Studios recommends that you add @acnestudios.com URLs to your email address book to help ensure you receive email notifications from Acne Studios.

28. Governing law

This agreement shall be governed by, construed and enforced in accordance with the laws of United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms, or any items purchased from Acne Studios, shall be filed only in the courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, unless such action is required to be arbitrated as set forth in an above section.

29. Complete agreement

Except as expressly provided in a particular “legal notice” on the site, these terms & conditions, together with the privacy policy, constitute the entire agreement between you and Acne Studios with respect to use of the site and content.

Company information
Acne Corp. (Reg. No. 371624968)
401 Broadway
Suite 2202
New York, NY 10031
United States of America
Telephone: +1 212 414 58 14
E-mail address: customercare@acnestudios.com
Vat: 371624968

30. Version of the terms and conditions

The latest update of the Terms and Conditions of Acne Studios was made in March, 2016.