Terms and Conditions
These terms and conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our website http://www.apoldist.com and the other services that we provide (the "Services").
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
1) Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the beginning of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to "we", "us" or "our", we mean YOLOSTRATEGY SRL. When we refer to "you" or "your" we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the Agreement between us and you relating to our supply of the Services, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
2) About us
We are YOLOSTRATEGY SRL and we operate the Website. We are a company registered in Romania, having our registered office located in Sibiu, Str. Oncesti, Nr. 15 Ap.20, and an auxiliary office on Str. Targul Vinului, Nr. 5. We are registered under number J32/687/15.05.2017 with identification number 37578900.
3) Our services
The Services we offer allow you to search throughout the Website and purchase products from various emerging and/or established curated designers.
As part of the Services, we also provide additional ancillary services such as delivery of products, customer service assistance and payment processing, all free of charge.
As part of the Services, we also offer you the possibility to buyback clothes with a discount to any of the purchased items, in exchange of your used/vintage clothes.
Please note that the last mentioned paragraph operates separately and only you may choose to benefit or not of this Service. In case you choose to benefit of this Service, please read the following paragraphs of this section.
Once the items that you wish to purchase from the Website are listed in the shopping cart, before completing the order, you may select the option that offers the discount in exchange of your used/vintage items, which is calculated as follows:
1-2 kg of used/vintage items …………….. 5 % discount
2-3 kg of used/vintage items …………….. 10 % discount
3-4 kg of used/vintage items …………….. 15 % discount
4-5 kg of used/vintage items …………….. 20 % discount
Please note that you will be liable to arrange and cover the full cost of delivering the used/vintage items to us, in Romania, to the given address mentioned in your order confirmation email, using any delivering company of your choosing.
In case you will choose to benefit of this Service, you must understand that the purchased items from our Website will be shipped to you the moment we receive the package containing your used/vintage items and once we have verified it.
Also you must understand that in case of return of the items purchased from our Website, the used/vintage items for which a discount has been applied will remain in our possession, and the discount will be applied on your next purchase from our Website within the next 30 days from the moment we received the withdrawal form.
We only accept items of clothing such as tops, shirts, sweaters, dresses, pants, denim, skirts, shorts, jumpsuits, jackets, coats.
So please note that any other items, such as shoes, lingerie or swimwear, not mentioned in the accepted items list, will not be taken into consideration as part of the discount, and their weight will be subtracted from the whole package. Therefore, the discount will be offered based on the weight of the accepted items only.
In order to use the Services you must be at least 18 years of age.
4) Our liability to you in relation to the Services if, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services. We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.
5) We attempt to be as accurate as possible in the description of the Products displayed on the Website. However, as the descriptions are based on information provided to us by the designers listed on the Website (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer's display of the images accurately reflects the true color of the products.
The products sold by us are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. We do not have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
7) Orders, prices and payment
To order Products and benefit of a sustainable shopping experience you must be at least 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all details you provide are true and accurate, that you are at least 18 years of age, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size,etc.).
Our prices are in Euros and as displayed on the Website includes taxes and other levies imposed by the government unless stated otherwise on the Site.
The goods remain our property until payment has been received.
As soon as the Product(s) has been delivered to the delivery address submitted by you, the risk of the Product fully transfers to you.
We advise you to inspect the Product(s) upon receipt and to report any issues within two (2) working days after delivery, by email.
When you place an order, you will receive an email confirming receipt of your order. The confirmation email will include a description of the products purchased in the order. Only those products listed in the dispatch confirmation email are included in our Agreement.
You shall pay the amount due to our Website in accordance with the ordering process and through the payment method selected on the Website. We are free to offer any payment method of our choice and we may change these payment methods at any time.
In order to develop and maintain a fair trade arrangement between designers and our sustainable shop, shipping times may vary depending on the availability of the products, social and economic context and of course, your delivery address.
For a unique sustainable shopping experience, you will receive the ordered items in a reusable bag of organic fabric embroidered and handmade by local craftswomen from the city of Sibiu, Transylvania, and packaged in a compostable mailer. We kindly advise you to unpack carefully since the reusable mailer is part of the sustainable packaging, and it must be used in case of return, in order to keep-up with our spirit of sustainability. We not only encourage you to choose long lasting design and reuse fashion but to reuse anything can be reused.
Curated designers listed on Apoldist adopted an on-demand production, which we encourage and support, meaning an estimated delivery date of the products cannot be predicted in most cases, however shall not take more than 30 days after you have placed the order. When you place an order you shall receive an order confirmation email and by the time the products are produced, or even better, already existing as in the cases of the unique products, you shall receive a second email stating details of delivery.
We supply shipping services to you and we will try to ensure that your order is shipped by the estimated shipping date if given once we are in possession of the goods, but there may be circumstances where shipping is delayed because of events beyond our reasonable control. If this happens, we will try to arrange for your products to be shipped as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.
In certain circumstances our delivery partner may provide you with optional services when delivering your order, such as: (a) delivery on another day, (b) no signature required, (c) redirection or (d) collection at a DHL Service Point. By selecting any of these services, including through any default preferences you may have selected with our delivery partner separately, you acknowledge and agree that We shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.
Shipping in case of buyback clothes scenario
The estimated shipping time for your purchased items from the Website with the discount calculated as in section 3, in exchange of your used/vintage items shall be calculated from the moment we enter in possession of the last mentioned items. You will be liable to arrange and cover the full cost of shipping of the used/vintage items you wish to send to us in exchange of the discount for the items purchased from the Website.
9) Return policy
As Apoldist is a fair trade online sustainable shop that aims to make a change, we are hoping to minimize the carbon footprint of our activities so we strongly suggest to choose items wisely and consider a no-return scenario. However, we use a common procedure for returns and accept them within 30 days since they are in your possession.
Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("CCRs") or equivalent consumer legislation in the EU. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify us of your decision to cancel the order. Once the products are returned to us you will receive a full refund; however, you will be liable to arrange and cover the full cost of returning the order to us.
You may cancel an Agreement at any time before your order is delivered and up to 30 days afterwards, beginning on the day after you received the products ("cooling-off period").
To cancel an Agreement, you must clearly inform us, preferably: firstname.lastname@example.org
If you cancel an order (or part of an order) during the cooling off period, you must return the product(s) within 30 days after the day on which you received the purchased items, and ensure the item(s) comply with the conditions of our Returns Policy.
If you cancel an Agreement between us within the 30-day cooling-off period, we will process the refund due to you as soon as possible. In any case your refund will be completed within 14 days after the day on which we received your return.
If you withdraw from this Agreement, we shall reimburse you immediately and no later than 14 days from the date on which we received the items, for all payments we have received from you, except the cost for the return shipment as well as any related costs for importing the goods back to Romania that shall be borne by you.
You are responsible for the chosen shipping method of the returns. The risk of the products will transfer to us when we have received the products. This means that we cannot be held responsible for any returns which are (for example) lost and/or damaged in the mail when being returned. We therefore advise you to choose for registered shipment, request tracking information and ensure the package containing the returned products.
We will use the same means of payment used by you in the original transaction. We may refuse a refund until we have received the goods back.
For a unique shopping and sustainable shopping experience, you will receive the ordered items in a reusable bag of organic fabric embroidered and handmade by local craftswomen from the city of Sibiu, Transylvania, and packaged in a compostable mailer. We kindly advise you to unpack carefully since the reusable mailer is part of the sustainable packaging, and it must be used in case of return, in order to keep-up with our spirit of sustainability. We not only encourage you to choose long lasting design and reuse fashion but to reuse anything can be reused.
Returned Products must be unused, undamaged and returned in their original packaging. Returns attempted without satisfying all of the aforementioned conditions, will not be accepted.
The Apoldist bag is considered original packaging and it must be found in the reusable mailer provided by us.
A right of withdrawal does not exist for Agreements for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer and it expires prematurely for Agreements for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
In case you benefit from our buyback clothes with discount in exchange of your used/vintage items, you understand these are in our possession the moment we have received them and shall not be returned.
In this case, your discount will apply to your next order, with a period of availability of 30 days from the moment we receive your withdrawal form.
In the case of defective or incorrect merchandise, we invite you to immediately contact email@example.com. We reserve the right to request photographic support regarding defective or incorrect merchandise before authorizing a return.
You can use the attached sample revocation form, which is not mandatory.
Model withdrawal form
To [here the trader’s name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]:
I/We …………………… hereby give notice that I/We……………………. withdraw from my/our ……………………… contract of sale of the following goods (1)/for the provision of the following service………………………
Ordered on………………………/received on………………………
Name of consumer(s), ………………………
Address of consumer(s), ………………………
Signature of consumer(s) (only if this form is notified on paper),
(1) Delete as appropriate.
10) Our Website
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
(a) Access to the Website. The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that same communications be in writing.
(b) Your conduct. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam". To cause harm, annoyance, inconvenience or needless anxiety to any person.
Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
We make no guarantee that any or all features of the Websites and Services will work on any particular device.
(c) Linking We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
(d) Our liability in relation to the Website We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Partners’ supply of the products to you.
12) Ethical policy
By using this platform, you should know we expect all the designers listed and other suppliers to consistently provide an environment which protects their employee’s health and safety and basic human rights, that also seek and use sustainable strategies and materials in the development of their business.
13) Other important information
Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
Entire agreement - These Terms and Conditions constitute the entire Agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control – We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
Complaints - We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.
14) Governing Law and Jurisdiction
Anything related to your order, use of the Websites or these Terms and Conditions are governed by Romanian law.
The designers listed on http://www.apoldist.com guarantee that the product models are an original creation and any complaints received related to the intellectual property right over the finished product from you will be directed to the supplier.
For any issue not explicitly mentioned, the European normative for long-distance commerce prevails.
We, the team of Apoldist, a fair trade online sustainable shop, encourage you to invest in long lasting design, dress effortlessly, make conscious choices, be material wise, wear clothes that matter, and never refuse to reuse fashion.
Thank you for choosing Apoldist.