GENERAL TERMS & CONDITIONS
These general terms and conditions (hereinafter collectively referred to as the “Terms and Conditions”) apply to your use and access to www.apodesme.com including all orders submitted by you for any products or services made available by Apodesme S.à.r.l on its website www.apodesme.com.
Apodesme S.à r.l. is referred to in these Terms and Conditions as “Apodesme” or “We” (and its variations such as “Us” or “Our”) and www.apodesme.com is referred to as the “Website”.
The terms “you” (and its variations, such as “your” or “yours”), “customer” or “client” are interchangeably used to refer to any visitor of the Website and/or customer or client of Apodesme.
By accessing and using the Website you acknowledge that you have read and that you understand these Terms and Conditions. You also agree to be bound automatically by these Terms and Conditions as well as their updates/amendments and you agree that such an acceptance shall have the same legal value as express acceptance in writing.. Please read these Terms and Conditions carefully before you submit your order to Us. These Terms and Conditions provide you with details on who We are, how We will provide products to you, how you and We may change or end the contract, what to do if there is a problem and any other important information.
1. Language used with Our customers, clients
By accessing and using the Website, you acknowledge and agree that all communication will be exclusively in English language.
2. Changes To Terms And Conditions
2.1 We reserve the right to amend, at any time, unilaterally and at Our sole discretion, these Terms and Conditions. Every time you order products from www.apodesme.com, please check these Terms and Conditions to ensure you understand the Terms and Conditions in force at the time of your order, which terms will apply to the contract between you and Us. To place an order, you must be of legal age and capable, that is to say legally considered to be authorized to conclude a contract.
2.2 If We decide to revise these Terms and Conditions as they apply to your order, We will inform you of these amendments by any appropriate means.
3. About Us
3.1 We are Apodesme S.à r.l., a private limited liability company organized and existing under the laws of Luxembourg, having its registered office at 1-3 rue d’Eich – 1461 Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Company Register under number B238580 and with VAT number LU31646570.
3.2 You can contact Us by telephoning Our Customer service team on (+352)661666768 (from Monday to Friday (except public holidays in Luxembourg), from 9 a.m. to 5 p.m. and Saturday from
9 a.m. to 4 p.m. or by emailing Us at info@apodesme.com.
3.3 If We have to contact you We will do so by telephone at the phone number you provided when ordering or in writing at the email address or postal address you provided to Us in your order.
4. Our Contract With You
4.1 Our shopping pages will guide you through the steps you need to take to place an order with Us. Our order process allows you to check and amend any errors before submitting your order to Us. Please take the time to read and check carefully your order at each page of the order process. Your measures are very important for Us to handmade your own product.
4.2 After you place an order, you will receive an email from Us acknowledging that We have received your order. However, please note that this does not mean your order has been accepted.
4.3 Our acceptance of your order will only take place when We email you to confirm handmade of your product, at which point a contract will come into existence between you and Us.
4.4 If We are unable to accept your order, We will inform you of this in writing and We will refund you any money already charged for the product. We reserve the right not to accept an order for any reason and without having to provide any justification.
4.5 We will assign an order number to your order and will inform you of such number when accepting the order. You must mention the order number in any communication you send Us.
5. Representation Of Our Products
The images of the products as well as any other images published on Our Website are for illustrative purposes only.
The packaging of the product may also vary from that shown on images on Our Website which are also for illustrative purposes only.
Although We have made every effort to display the colors accurately, We cannot guarantee that a device’s display of the colors accurately reflects the colors of the products and/or of the packaging. Your product and/or the packaging may vary slightly from those images.
6. Your Right To Make Changes
If you wish to make a change to the order after processing, please contact Us immediately. We will let you know if the change is still possible (notably We have already accepted the order and/or confirmed handmade of your product). Such a possibility, does not constitute in any way whatsoever a right granted to you and We reserve the right to refuse it without having to provide you with any justification. If the requested change is possible We will let you know about any consequential changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the requested change.
7. Providing The Product
7.1 The first costs of delivery will be free for the customer. For the creation of new product at the customer’s request, the cost of delivery will be free too.
7.2 Due to the fact that Our products are made-up according to customer’s specifications , delivery of the product may take up to 18 days following Our acceptance of the order. During the order process We will give you an estimate of the product’s delivery date. Once the product is ready to be shipped, We will inform you by email. Our estimated delivery time is from 3 to 7 calendar days but may vary depending on geographical area.
7.3 We are not responsible for delivery delays that are outside Our control (including customs clearance processes). Please refer to clause 15 of the Terms and Conditions, which relates to events outside Our control.
7.4 We insure each order during the time the product is in transit until it is delivered to the address you have provided.
7.5 We require a signature for all products delivered.
7.6 If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by this person (or a person at this person’s delivery address) is evidence of delivery and fulfilment of the order and you become responsible for the product from this time.
7.7 The product will be your responsibility (in particular regarding loss, theft or damage) from the time We deliver the product to the address you gave Us and you (or a person at your delivery address) have signed for the products.
7.8 Without prejudice to the above provisions related to transfer of risk, the product ordered remains the entire property of Apodesme until full payment for the product has been received by Apodesme. Once full payment is received by Apodesme, You will own the product.
7.9 Where circumstances required it, We may need you to provide Us with additional information from you so that We can supply the product to you. We will contact you in writing to ask for this information. If you do not give Us the requested information after a period of sixty (60) days following Our request, the product you ordered will be destroyed without any refund being granted to you.
7.10 Reasons We may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.10.1 deal with technical problems or make minor technical changes;
7.10.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.10.3 make changes to the product as requested by you or notified by Us to you.
7.11 As far as it is possible and except in case of emergency or if the problem is urgent, We will contact you in advance to inform you We will be suspending supply of the product.
8. Worldwide Delivery
8.1 We deliver to all countries in the world, however, there may exist restrictions on some products for certain delivery destinations.
8.2 Orders may be subject to import taxes & duties. Orders to destinations in the European Union will normally not be subject to import taxes & duties. We ship DDP (Delivery Duties Paid) to the following destinations: UAE, South Korea, Norway, Switzerland, Greece. DDP means that APODESME will cover the Import taxes & duties. You will be responsible for payment of Import duties and taxes to all other destinations.
8.3 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
9. Your Right To End A Contract
9.1 Since We supply made-up products according to customer’s specifications or clearly personalized products, You acknowledge and agree that pursuant to article L.222-9 (7) c) of the Luxembourg Consumer Code, no right of withdrawal can be exercised from the date of confirmation of the order. No return or refund can therefore be made on this basis.
9.2 You may be entitled to end the contract for one of the reason listed below. The contract will end immediately and We will refund you in full for any products which have not been provided. The reasons are:
9.2.1 We have told you about an upcoming change to the product or to these Terms and Conditions which you do not agree to;
9.2.2 We have told you about an error in the description of the product you have ordered and you do not wish to proceed;
9.2.3 there is a risk that supply of the products may be significantly delayed because of events outside Our control;
9.2.4 We have suspended supply of the products for technical reasons, or notified you we are going to suspend them for technical reasons; or
9.2.5 you have a legal right to end the contract..
10. Procedure And Return Of Products
10.1 To end the contract with us, please let Us know by mail (in which case, We will follow with an email confirming your decision to end the contract), email or by logging into your account/visiting the guest portal. Log into your APODESME account or the guest portal as detailed in the returns section and request a return. You can call Our customer services on (+352)66166768 or email Us at info@apodesme.com. Please provide your name, home address, number of the order, details of the order and, where available, your phone number and email address.
10.2 In case you want to return the products, on the basis of one of the reasons listed above in article 9.2 of these Terms and Conditions, after it have been dispatched to you or you have received them, you must return them to Us no later than sixty (60) days after the day on which you receive your “Return Request Authorised” email from Us. We will only accept unused products that are in good condition. You must, at your own cost, return them back to Us by secure means and ensure the products reach Us in good condition , or you may use Our free DHL collection service within Europe. Exchange orders should be returned to APODESME-1-3 rue d’Eich – 1461 Luxembourg – Grand Duchy of Luxembourg.
10.3 We will not cover the return shipment unless specified in your Returns Merchandise confirmation email or;
10.3.1 if the products are faulty; or
10.3.2 if you are ending the contract because We have told you of an upcoming change to the product or these Terms and Conditions, an error in pricing or description, a delay in delivery due to events outside Our control or because you have a legal right to do so.
In case we cover the return shipment, We will send you a return merchandise authorisation number. You must return the products to Us no later than 30 days following receipt of the return merchandise authorisation number.
10.4 In all other circumstances (including where you are exercising your right to change your mind or if you send to Us wrong measurement) you cannot ask for any exchange or refund.
10.5 Where applicable, We will refund you the price you paid for the products including delivery costs, by the method you used for payment.
10.6 We recommend that you retain proof of sending the products back to Us.
11. Our Right To End A Contract
Without prejudice to applicable law on termination of a contract, We may end the contract for a product at any time by writing to you if you do not provide Us with requested information as per article 7.9 of these Terms and Conditions.
12. Product Issues and guarantees
12.1 In order to be able to complete the order, the customer must communicate to APODESME the necessary requested measurements, as well as his/her preferences in terms of fabric and finishes.
12.2 If you have any questions or complaints about the product, please contact Us. You can telephone Our customer service team on (+352)661666768 or contact Us by email at info@apodesme.com.
12.3 Legal guarantee of conformity:
In accordance with provision of the Luxembourg consumer Code, We shall deliver to you a product that is consistent with the sale contract and free from any defects upon delivery of product, in that the product will be fit for the use normally expected of a similar product and will present the characteristics outlined at the time of the sale. We are also accountable for any defects resulting from the packaging, assembly instructions or the installation when this was assigned to Us by the contract or was carried out under Our responsibility.
You cannot dispute the conformity of the product by invoking a defect that you knew or could not ignore when concluding the contract.
Any action for a non-conformity must be brought within a period of two (2) years from the day on which the product was delivered. If a defect appears two (2) years and one (1) day after delivery, the product is no longer under guarantee. Unless proven otherwise, any non-conformity which becomes apparent within a period of six (6) months from the delivery of the product is presumed to have existed at the time of delivery.
In case of lack of conformity, you can either choose to give the product back and be refunded of the total price or to keep the product and to be partly reimbursed. However, you cannot request the cancellation of the sale or the reduction of the price if We replace or repair the product.
You can also ask for compliance of the product to the contract by choosing between the repair and replacement of the product, unless one of these choices is disproportionate or impossible.
If you decide for a repair or replacement, it must take place within one (1) month from the date of decision onwards. After this period, you can return the product and you will be refunded of the total price or you can keep it and you will be partially refunded of the purchase price.
The repair or replacement of the product will be at no cost to you and does not preclude the possible allocation of damages in the event that you may are entitled to these.
12.4 Legal guarantee against hidden defects:
We shall supply you with a product free of hidden defects which would render it unfit for the normal use for which it is intended, or which diminish the use thereof to such an extent, that you would not have acquired the product, or would only have paid a lesser price, had you known this. This guarantee only applies on condition that you submit your request within a period of one (1) year from the discovery of the defect.
In the event of a hidden defect, you will have the choice of returning the product and to be refunded for the purchase price or to keep the product and to be refunded for part of the purchase price.
12.5 Process to follow:
In order to notify the existence of a lack of conformity or hidden defect, please call our customer services on +352661666768 or email Us at info@apodesme.com. In such circumstances you should return the product to us, using the return label We will provide you, at the following address:
Apodesme S.à.r.l
1-3 rue d’Eich
L- 1461 Luxembourg
13. Price & Payments
13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you place your order. Prices are displayed exclusive of any customs duty charges which might be incurred at the time of the products arriving at the delivery destination (as set out in clause 7).
13.2 Prices for Our products may change from time to time and We will update Our Website consequently. Changes will not affect any order that We have already accepted and/or invoiced.
13.3 Unless specify otherwise, the price of a product, as it appears on Our Website, includes delivery charges.
13.4 We offer different currencies on Our Website based on shipping destination. Prices shown are inclusive of VAT Luxembourg at the current rate.
13.5 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date We supply the product, We will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.7 You must pay for the products before we tailor made them.
13.8 You confirm that the credit/debit card or payment method that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment We will not accept your order and We will not be responsible for any delay or non-delivery and We are not obliged to inform you of the reason for the refusal.
13.9 We are not responsible for your card issuer or bank charging you as a result of Our processing of your credit/debit card payment in accordance with your order.
13.10 Promotions cannot be combined with other offers and discounts with the exception of delivery promotions or unless indicated otherwise.
14. Liability
14.1 If We fail to comply with these Terms and Conditions, We may only be held responsible for loss or damage you suffer that is a foreseeable result of Our breach of these Terms and Conditions. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time We entered into this contract.
14.2 We cannot in any case be held responsible in the event of bodily or intangible and / or material damage which may result from the use of the products ordered, which are used under the own responsibility of the customer, client.
14.3 We only supply the products for domestic and private use. You consequently affirm that you are acting as the end consumer and that you do not intend to use the product for any commercial, business or resale purposes. You further agree that We cannot be held liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 You represent and warrant that you will indemnify APODESME for any harmful consequences resulting directly or indirectly from failure to meet one of your obligations.
15. Events Outside Our Control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms and Conditions or under a contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
15.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms and Conditions or under a contract:
15.3.1 We will contact you as soon as reasonably possible to notify you; and
15.3.2 Our obligations under these Terms and Condition or under a contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a contract affected by an Event Outside Our Control which has continued for more than 30 calendar days. To cancel please contact Us. If you opt to cancel, you will have to return (at Our cost) any relevant products you have already received and We will refund the price you have paid, including any delivery charges.
16. Communications Between Us
16.1 When We refer, in these Terms and Conditions, to “in writing” or “written” this will include e-mail.
16.2 You may contact us at the address and contact details that are set in clause 3 of these Terms and Conditions.
17. Transfer Of Rights
We may transfer Our rights and obligations, for any reason whatsoever, under these Terms and Conditions to another organisation. We will always inform you in writing and by any appropriate means, if this happens and we will ensure that the transfer will not affect your rights under the contract.
18. Severability
Each of the paragraphs of these Terms and Conditions operates separately. If some of the terms are held to be unlawful, illegal or otherwise unenforceable (notably by any court or relevant authority), the remaining terms will remain in full force and effect.
19. Applicable Law And Jurisdiction
These Terms and Conditions, as well as any query related to them or to the contract, are governed and construed in accordance with Luxembourg laws. Unless mandatory legal provisions grant the customer jurisdiction to other courts, any query raised or dispute or claim arising out or in connection with these Terms and Conditions and/or the products, shall be submitted to the exclusive jurisdiction of the courts of the Grand Duchy of Luxembourg.
