Terms of use

General

The following terms and conditions (henceforth: the Terms and Conditions”) are valid between you and Acne France SAS (Paris Reg. No.489 206 276) (henceforth: Acne Studios; may be referred to as “us” and “we”)for the purchase of the products (hereinafter the “Products”) offered for sale by Acne Studios. These Terms and Conditions apply without restriction and reservation to all use of and orders (hereinafter the “Order”) 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”). These Terms and Conditions are applicable and exclusive of any other conditions , including those applicable for in-store sales or through any other retail branch network. These Terms and Conditions are available on the Website at the following address: acnestudios.com and shall prevail over any other previous version or any other conflicting document. Products. Orders can only be placed by persons legally capable of entering into binding contracts and that are 18 years or older. The Customer and Acne Studios agree that these Terms and Conditions exclusively govern their contractual relationship. Acne Studios reserves the right to revise the Terms and Conditions at any time. These updated Terms and Conditions shall be applicable as soon as they are available on our Website. The date of the latest update is found in the final section of the Terms and Conditions. Each purchase is subject to the Terms and Conditions in the version applicable at the date of submitting the Order. Please inform yourself about the applying version of Terms and Conditions before submitting your order. These Terms and Conditions are only applicable for the purchase of Products by Customers located in France and delivered within the French territory.

Language

The language of the Terms and Conditions is English. Should these Terms and Conditions be translated in another language, in case of discrepancies between the English text and any other language, the former shall prevail.

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 carefully read these Terms and Conditions together with the Privacy Policy as well as all information mentioned in Article L. 221-5 of the French Consumer Code, and that you have understood and accepted them before placing an Order. Please make sure that you have read and understood the Terms and Conditions before you place an order. An Order can only be placed if you have previously confirmed your acceptance of these Terms and Conditions. In this respect, the Customer will be bound by these Terms and Conditions which are enforceable. In addition to your acceptance of these Terms and Conditions, you shall select the delivery address as well as the means of delivery and confirm the terms of payment. Before placing 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. rIf 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. Any Order placed on the Website shall form a distance Contract between you and Acne Studios (hereinafter the “Contract”).

Products Availability

Please note that Acne Studios does not guarantee that all Products presented on the Website are in stock or are available for purchase at the time of placing the Order. This availability is for indicative purpose to the extent 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 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.

Order confirmation

After submitting your Order, we will send you an Order confirmation e-mail with your Order number, details of the Products 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. You agree that the Order confirmation is registered on Acne Studios records which are stored on a reliable and sustainable support. These records shall be considered as proof of Orders placed and payment made between you and us . In case of non-payment, dispute related to the payment of a previous Order, wrong address or any other problem affecting your account, Acne Studios, at its option, shall be entitled to suspend your Order or the affected part of your Order until the problem is resolved. Where the problem cannot be resolved, the Order or the affected part of the Order shall be cancelled and the related payment shall be refunded.

Shipping confirmation

Once the order has been processed, a shipping confirmation e-mail will be sent with all relevant information about your order.

Information on the products

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.

Prices

The prices are quoted in Euros. The prices and delivery costs shown on the Website include VAT as applicable at the Order date. Any change in the VAT rate shall be automatically implemented in the price of the Products.

Free delivery

Standard delivery is offered for Orders amounting over 150 Euros. Please note that free delivery shall be applicable to your Order at the time of the payment process.

Costs and charges

The prices of the Products quoted on the Website do not include the delivery costs which are invoiced separately and indicated before placing the Order. The delivery costs are shown in connection with the shipping methods at the checkout stage. Acne Studios may at its option change the price of the Products at any time but undertakes to apply the prices in effect at the time of the Order is placed to the extent the Products ordered are available at this date. The payment of the total Order amount shall be made by the Customer at the time the Order is placed. Under no circumstances, the sums to be paid by the Customer may be considered as a deposit or a down payment.

Personalised items

Personalised items are made to order and cannot be returned or exchanged. 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. Customized items may be delivered in a time slot indicated on the Website which may be longer than regular delivery slots. Because of the clearly proper nature of customized Products and the fact that they are especially produced for the Customer, they cannot be returned, refunded or exchanged. Similarly, the Customer does not have the right to cancel the Order.

Payments

Any Order is subject to a full payment obligation. The following payments are accepted.

Credit cards and debit cards

Payment can be made by the following credit cards: Visa, , Mastercard and American Express. Payments 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 credit 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 you place the Order. 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 once you place the Order. 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 accordingly. 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.

Online banking

You can also pay by using direct online transfer from your bank account, either through Sofort or Giropay.

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 using a gift card as payment, the Order can only be shipped to the same country as to where the gift card was issued. Acne Studios is unable to change the currency of the gift card, and it is always country specific. Gift cards purchased online cannot be used in store, and gift cards purchased in store cannot be used online. Gift cards are valid for one year from the date of purchase.

Delivery

The delivery of the Products means the physical transfer of the Products from Acne Studios to the Customer. Such delivery may only occur following the payment confirmation from the bank of the Customer.

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. The delivery times do not take into account possible delays caused by payment authorization and/or on the part of the shipping company. If Acne Studios fails to deliver within 30 days, you 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. For orders you have chosen to collect in-store, tracking information will not be displayed – please wait for an email notification stating that your item is ready to be picked up.

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.

Information of the right of withdrawal

Right of Revocation

You are entitled to withdraw this Contract within 14 calendar days without giving any reasons. The withdrawal period is 14 days from the day on which you have, or a third person designated by you (other than the carrier) has, received the Products. In order to exercise your right ofwithdrawal, you must inform us (, ) by means of an unambiguous notification (either through letter sent by post at the following address :Acne Studios online shop, Finspangsgatan 51, 16353 Spanga, Suède – or by fax to the following fax number 0046855119400 - or by e-mail at the following e-mail address customercare@acnestudios.com of your decision to withdraw this Contract. In addition, you may electronically complete and submit the specimen withdrawal form provided on our Website or in Annex 2 of these Terms and Conditions. In such event, an acknowledgement of receipt stored on a reliable and sustainable support, shall be immediately sent to you. The use of the specimen withdrawal form, is however, not compulsory. In order to comply with the time limit for withdrawal, it is sufficient that you send the notification of your decision to exercise of the right of withdrawal before the time limit for withdrawal expires.

Consequences of withdrawal

Your are obliged to send back or hand over the Products to us promptly, but in no case later than 14 days from the day on which you notified us of your decision to withdraw this Contract. The time limit is complied with if you send the Products before the expiration of the 14 days’ time limit. If you withdraw this Contract, within 14 days from the day on which we have received the notification of your withdrawal, we are obliged to return to you all payments that we have received from you including the costs of delivery except any additional costs of delivery resulting from your express choice of a different method of delivery than the standard method offered by us (e.g. Express deliveries). For such repayment, we will use the same means of payment that you have used for the initial transaction unless expressly agreed with you otherwise. In no case will we charge you any fees due to such repayment. We are entited to refuse repayment until we have recovered the products or you have evidenced that you have sent the products back to us, whichever occurs first. You have to bear the direct costs of the reconsignment of the Products.

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 reconsigning the products

Please note that you must pay the shipping cost for returning the Products in accordance with your right of withdrawal and exchange and Acne Studios has no obligation to pay such costs. However, you do not bear the shipping costs for retruning the Products to the extent you select to use the prepaid label available upon demand on our Website.

Returning the products

You can easily and conveniently handle the reconsignment of your purchased products as follows:

Visit www.acnestudios.com and log into your account to begin a return or exchange.
You can view your orders and must request a return or exchange item for any unwanted items.
Place the item(s) in the original shipping box, or any other solid carton box.
Close the box and tape it securely.
Place the return information label and the already paid return shipping label on the box over the prior delivery information.
Visit www.ups.com and click “Contact ups” and the bottom left of the screen.
Call UPS customer service to arrange a collection.

We prefer that Products are 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. Please note that damaged, soiled or incomplete Products shall neither be refunded nor be exchanged. Any decrease in the value of the Products arising from handling them in a manner other than what is strictly necessary to determine the nature, characteristics and the proper operation of such Products shall be the responsibility of the Customer. For any further information, you may consult the Section “Return and Exchange” of our Website. Please note that in case of defects in the Products, the rules related to the statutory warranty of conformity are only applicable.

Returning ‘collect in-store’ orders

Should you have chosen to collect an order placed on acnestudios.com in a store, the item will be held in-store for a period of 14 days from, and including, the date on which you receive a notification email that the order is ready to be picked up. If the order is not picked up within that period, Acne Studios will refund the full order balance to the payment source used for the original purchase.
Once your order is collected in-store, the terms listed above for returns and exchanges of orders placed on acnestudios.com apply. As you will not receive a pre-paid return label when you collect in store, please contact customercare@acnestudios.com
with your order information and request that a label be sent to you.

Defective products

If you receive defective Products, please notify usas soon as you are aware of such defects. The statutory warranty for defects shall apply. However, you must always notify Acne Studios within a reasonable time after you have detected that the Products are defective but in no event later than 2 years from the delivery date of the Products. If Acne Studios consider the Products to be defective, Acne Studios will make a full refund including shipping costs. Any other rights you may have shall remain unaffected. The statutory warranty for defects enables you to obtain within two years of delivery of the good and free of charge the repair or replacement of it if it does not conform to the contract; The statutory warranty for defects is due for defects in conformity existing at the time of delivery of the good. Defects which appear within twenty-four months of delivery shall be presumed to exist at the time of delivery.

Sale items

The Products offered for sale on the Website are compliant with the French regulations in force.The Products supplied by Acne Studios are fully subject to the following statutory warranties, free of charge and irrespective of the Customer’s right of withdrawal, as required by law:

The statutory warranty of conformity, for Products obviously defective, spoiled or damaged or which are not compliant with the Order;
The statutory warranty for hidden defects, arising from defects in material, design, or workmanship affecting the Products supplied and making them unfit for the intended use.
The above statutory warranties are applicable under the terms and conditions defined in Annex I of these Terms and ConditionsAccording to the statutory warranty of conformity, the Customer:
is entitled to issue a claim against Acne Studios within 2 years from the delivery date of the Products;
may at its option, either require the repair of the Products or the replacement of the Products ordered subject to the provisions of Article L. 217-9 of the French Consumer Code;
is relieved from evidencing the defects in conformity for a period of 24 months from the delivery date of the Products.

Additional guarantees with respect to products of Acne Studios will apply to the extent expressly stated in the shipping confirmation. 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

Trademarks

Acne Studios’ trademarks include but are not limited to the Acne Studios name and logo, Acne, 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.

Privacy policy

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

Cookies

Cookies are used on the site to improve your browsing experience. A cookie is a small file of letters and numbers that is stored on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. In addition to use for statistical purposes, cookies identifies your computer and allows the site to recall your personal settings By browsing the Website you consent to the use of cookies. 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. You may refuse the use of cookies by selecting the appropriate settings in your browser. However, if you do this you may loose some useful functionality such as personalisation and “keep me signed in” and “remember me” features. The Website cannot be accessed if cookies are disabled. Please note that third parties (including, for example, providers of external services such as web traffic analysis services) may also use cookies. These cookies are likely to be analytical/performance cookies or targeting cookies.

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.

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.

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 provided 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.

Links

The Website may contain links to other websites beyond our reach. We assume no liability for content or privacy practices of such sites.

Violation of rules

Acne Studios reserves the right to seek all solutions available to us against violations of these Terms and Conditions, including the right to block access to the site.

Liability

Further to the applicable law,Acne Studios´ liability is limited to the foreseeable and direct damage caused to the Customer due to Acne Studios’ failure to comply with its obligations under the Contract and any applicable French statutory law.

Force majeure

Acne Studios assumes no liability in case of force majeure as defined in Article 1218 of the French Civil Code. Force Majeure includes but is not limited to the following events, such as war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. In case of force majeure, Acne Studios’ obligations will be suspended as long as the event of Force Majeure has not ceased. Should the Force Majeure exceed thirty (30) days, the Contract between you and Acne Studios can, in such cases, be partially or fully cancelled by yourself or by Acne Studios. Further to such cancellation, Acne Studios will refund the price of the Order paid by the Customer as well as the delivery costs.

Provisions severability

If any part of these Terms and Conditions are held to be invalid or unenforceable, such

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.

Governing law and dispute resolution

These Terms and Conditions are governed and construed in accordance with the laws of France (excluding the United Nations Convention on Contracts for the International Sale of Goods – CISG).. Any disputes arising from or in connection with the purchase of the Products under these Terms and Conditions which cannot be solved amicably shall be finally submitted to the exclusive jurisdiction of the French Courts in accordance with the rules of applicable Law. The Customer acknowledges that he may request mediation as set forth in Article L. 612-1 of the French Consumer Code or request any other mean of alternative dispute resolution in the event of unreasolved disputes related to the interpretation, validity, enforceability or execution of these Terms and Conditions by accessing the Website http://ec.europa.eu/odr.

Version of the terms and conditions

The latest update of the Terms and Conditions of Acne Studios was made in March, 2018.

Annexe I – Provisions Related to Legal Warranties

Article L217-4 of the French Consumer Code

The seller shall supply goods in accordance with the contract and will be held liable for any non-conformity existing during the delivery. The seller will be also held liable for non-conformity resulting from the packaging, the assembly instructions or the installation where it is under its responsibility in accordance with the contract or where it has been performed under its supervision.

Article L217-5 of the French Consumer Code

Goods shall be in accordance with the contract: 1° Where they are inherent to the intended use for similar goods and as the case may be :
If it meets the description given by the seller and has the features described by the seller to the buyer as a sample or a model ;
If it has the features that a buyer can reasonably expect regarding public statements made by the seller, by the producer or its representative especially in the advertising campaign or in the labelling ;
2° Or if it presents the features defined in a mutual agreement between the parties or is inherent to any particular use expected by the buyer, brought to the seller’s attention and accepted by the former.

Article L217-12 of the French Consumer Code

The legal action resulting from non-conformity shall be brought within two years from the delivery of the goods.

Article L217-16 of the French Consumer Code

Where the buyer asks the seller, during the commercial guarantee period which has been granted at the time of the purchasing or the repair of a personal property, a restoration covered by the guarantee process, any period during the goods are not operated of at least seven days shall be added to the guarantee period which still runs. This period starts running from the buyer intervention request or from the date buyer makes the goods available for reparation, to the extent such availability is made after the intervention request.

Article 1641 of the French Civil Code

The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.

Article 1648 of the French Civil Code

An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice. In the case provided for i Article 1642-1, the buyer must bring the action, under pain of being barred, within the year which follows the date on which the seller can be discharged from apparent vices or lack of conformity.

Annexe II – Specimen Cancellation Form

This specimen cancellation form shall be only completed and returned if you want to cancel your Order placed on our Website according to the conditions stated by applicable law.
To the attention of:
Acne Studios online shop
Finspangsgatan 51
16353 Spanga
Suède
I hereby give notice that I cancel the Order of the Products as stated below:
Date of the Order:
Order No:
Customer name:
Customer address:
Customer signature (to the extent the notification of this specimen cancellation form is made)