General Conditions of Use and Sale
1.1. The website linked to the domain name "www.1989.studio" (hereinafter referred to as "Online Store") is owned by 1989 STUDIO S.r.l. (Tax Code and VAT No. 02684860204, CEM: email@example.com), with registered office in 46100 - Mantova (MN), Italy, Chiassi, Street. 103 (hereinafter, "Seller") and is dedicated to the retail sale of clothing, fashion accessories and other related goods (hereinafter, "Articles").
2.1. Contract of Sale: the agreement between the User and the Seller for the online sale of the Article;
2.2. General Conditions of Use and Sale or GCUV: these general conditions of use and sale that are part of the Contract of Sale;
2.5. Parties: The User/Buyer and the Seller who correspond to the parties to the Contract of Sale.
2.6. Online Store: the online store of clothing and accessories referred to in the web address "www.1989.studio";
2.7. User or Buyer: the consumer browsing and/or shopping on the Online Store;
2.8. Seller: the company 1989 STUDIO S.r.l. (Tax Code and VAT no. 02684860204, CEM firstname.lastname@example.org), with registered office in 46100 - Mantova (MN), Italy, Via Chiassi, n. 103 which, through the Online Store, is the seller in the Sales Contract.
3. Scope of the GCUS
3.1. The General Conditions of Use and Sale govern the use of the Online Store by the User both for the purposes of browsing only and for the conclusion of purchase contracts.
3.2. The GCUS, which have value with the specificities indicated for all geographical areas from which orders can be placed and to which shipments are active, can be changed at any time. Where local legislation provides for mandatory contractual conditions more favourable to the consumer, those conditions will prevail where better than those set out in these GCUS.
3.3. Any changes and/or new conditions will be effective from the moment of their publication in the "General Conditions of Use and Sale" section of the Online Store. For this reason, Users are invited to check the publication of the most up-to-date GCUS, provided that the applicable GCUS are those in force on the date of sending the purchase order.
4.1. Personal Use: The Seller authorizes the User to view the Articles on the Online Store for personal and non-commercial use only and for the purposes permitted by these GCUS.
4.2. Use not permitted: The User may not modify, publish, duplicate, license, assign, republish on third party sites, sell the services, documents, images, texts, contents published on the Online Store, unless expressly authorized by the Seller.
4.3. Intellectual Property: The name and trademark "1989.STUDIO" (and all its graphic variations), the layout, the structure, the texts, the images and the documents of the Online Store are subject to exclusive rights of the Seller. ; it is forbidden to use even partial of the rights mentioned, by any means analog or digital, without the written authorization of the same.
4.4. No Warranty: The Online Store and the resources that are provided in the state of fact and law in which they are located do not guarantee to the User that the use of the Online Store can be without interruptions, timely, safe or error-free and that any information obtained by the User as a result of the use of the site, will be correct or reliable and that the defects in operation will be repaired.
4.5. Limitation of liability: No conditions, warranties or other terms apply to the website except to the extent expressly stated in the following terms and conditions of use. Within the limits established by law, the Seller shall not be liable to the User for any direct or indirect or consequential loss that may result from the use of the Online Store, including loss of profit, lack of profit, image damage and others.
5. Registration in the Online Store
5.1. The Online Store is exclusively reserved to 18 years old Users who expressly declare to be final consumers as defined by art. 3, co. 1, lett. a) of Italian Legislative Decree 206/2005 (hereinafter referred to as the "Consumer Code") and intend to make the purchase for purposes unrelated to the commercial, craft, entrepreneurial or professional activity exercised. In no case may retailers or wholesalers and, in general, all those who intend to purchase the Items for resale. It is therefore forbidden to these subjects to register on the Online Store and make purchases on the Online Store.
5.2. The Seller reserves the right not to accept orders if, at the sole discretion of the Seller, they are abnormal in relation to the quantity of Items purchased or the frequency of purchases made on the Online Store. The Seller reserves the right to delete Users who are not consumers or who have not completed the entry of certain data requested.
5.4. Registration to the Online Store is free. In order to register, the User must fill in the registration form, entering name, surname, e-mail address, password and click on "Send" present at the bottom of the form. Registration will be confirmed by e-mail to the Buyer.
5.5. The registration credentials must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no one has access to them. He must immediately inform the Seller in case of suspected misuse and/or disclosure thereof.
5.6. The User guarantees that the personal information provided during the registration process at the Online Store is complete and true. The User agrees to deem the Seller free from any indemnification obligation and/or penalty resulting from the violation by the User of the rules on registration to the Online Store.
6. Subscription to the newsletter
6.1. With the approval of these GCUS and the consent to the processing of data, the User agrees to receive the newsletters at the e-mail address indicated at the time of registration or entered in the form "Newsletter" at the bottom of each page of the Online Store.
6.2. At any time the User may ask to unsubscribe from the newsletter by clicking on the appropriate link at the bottom of the communications or by accessing the "Newsletter Settings" section of the Online Store and selecting the appropriate options.
7. Order issuing procedure and conclusion of the Sales Contract
7.1. The Sales Agreement between the Seller and the User is concluded exclusively online through the User’s access to the Online Store where, following the procedures indicated, the User will formalize the proposal for the purchase of the Articles and the acceptance of these GCUS through point and click.
7.2. Any promotional codes that can be used on the Online Store can be inserted during check-out on the payment page. Promo codes can have a start and end date, a certain application threshold and a series of exclusions. Furthermore, they cannot be combined with other offers and promotions. Their use may result in some changes to the total amount of the order at check-out.
7.3. The issuance of an order is possible through the selection of an Article on the Online Store, choosing its size and/or color, followed by the click on "Add to cart". To make the payment, the User must click on the button depicting the "bag" where a summary of the order will appear, including price. In case of acceptance, the User can continue by selecting the "Proceed to purchase" button. Before confirming an order, the User must first be logged in to their account or, if the User does not have an account, he can provide all the data necessary for the processing of the order following the procedure. Afterwards, the User must select the payment method to be followed by the selection of the "Continue to payment" button. As soon as the payment has been accepted, the User will see the confirmation of the order both on the screen in the Online Store and by e-mail to the e-mail address indicated by the User.
7.4. Conclusion of the Contract of Sale: the Contract of Sale is concluded following the exact completion of the order form by the User, the execution of the payment and the subsequent sending to the User by the Seller of the order confirmation and payment form by e-mail, always after viewing a web page confirming and summarizing the order, printable, with the details of the purchaser and the order, the price of the Article/ s purchased, shipping costs and any additional charges, the methods and terms of payment, the address where the Article/s will be delivered, delivery times and the existence of the right of withdrawal.
7.5. The order confirmation sent by the Seller to the User by e-mail contains all the information regarding the Sales Contract.
7.6. The Seller reserves the right to refuse any orders for any reason. The Seller also reserves the right to cancel any purchase (an order already accepted by the Online Store) in the presence, among others, of the following conditions, without thereby being liable for any damages and/or costs (in this case, the Contract of Sale shall be deemed to be interrupted by mutual consent):
7.6.1. The Item is not available / in stock (any payments will be refunded), if only part of the Items indicated in the order are available, the Seller will contact the User to ask him if he intends to cancel the order or is willing to receive only what is available; in this case, the User will be charged only the amount relating to the Items that he will receive or compensated in case the payment you already know has been made.
7.6.2. The billing data transmitted by the User is incorrect or not verifiable;
7.6.3. The User does not grant sufficient guarantees of solvency;
7.6.4. Disputes of any nature are pending between the Seller and the User at the time of ordering;
7.6.5. The order is marked by security systems as "unusual order" or as "order susceptible to fraud". In case of suspected fraud, before proceeding with the cancellation of the order, the Seller reserves the right to verify the bank details and/or the identity of the Buyers. By completing the order, the Buyer undertakes to provide the Seller with the information and documents necessary for such checks. In the absence of such documents and information, the Seller reserves the right to cancel the order subject to anti-fraud verification.
7.6.6. the Seller has reason to believe that the order was issued by a minor of eighteen (18) years;
7.6.7. the Seller has reasonable grounds to believe that the order was made by a reseller or other professional buyer and therefore in breach of the provisions of art. 4.1 of the CGUS;
7.6.8. the Article has been wrongly priced;
7.6.9. the Seller cannot deliver to the address indicated.
7.7. It is not possible to make changes to the order once an order has been placed. The Seller reserves the right to consider whether to accept any request for cancellation of the order received before the shipment of the Items to the Buyer.
7.8. The Seller reserves the right to postpone the shipment if the order is not able to be shipped in a single shipment. Orders placed separately will be shipped separately.
7.9. Pre-orders: On the Online Store you can pre-order items whose arrival is scheduled for the following months. Items that offer this option are indicated with a "PRE-ORDER" label in the catalogue and in the Article tab.
7.10. For any online payment method the amount will be charged shortly after the order placement. For bank transfer, the User must proceed within 48 hours after placing the Order.
7.11. The details of a pre-order and, in particular, the shipping country entered in the pre-orders, can in no way be changed.
7.12. The shipping date indicated in the product sheet is indicative and is that confirmed by the suppliers to the Seller. The Seller accepts no responsibility for changes to the delivery date, cancellations or changes to the pre-order Items due to changes in the Suppliers' production.
7.13. In the event that the pre-order is subsequently not processed, the amount paid by the User will be credited back through the same means of payment used by the User to pay the price.
7.14. Pre-order Items will be shipped as soon as they are available, therefore any delivery date is purely indicative and no dispute may be raised by the User with reference to any delays in delivery.
8. Availability of Items
8.1. Except for the pre-orders mentioned in the previous article, the Seller completes and processes the orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the Items available and those not available, as well as shipping times.
8.2. In the event that an order is subject to a quantity of Items not available in stock, the Seller shall notify the Buyer by e-mail or telephone if the Item is no longer available or, alternatively, what are the waiting times to get the chosen Item, asking if you intend to confirm the order or not.
8.3. The order form will be stored in the Seller’s database for the time necessary to process the order and, in any case, in accordance with the law.
8.4. The language available to Users for the conclusion of the Sales Contract is English.
8.5. In case of unavailability of the Item ordered, the Buyer will be promptly informed by e-mail and the purchase order will be cancelled. If the payment has already been made, the Seller will refund the total amount paid by the User - consisting of the purchase price, the shipping costs and any other additional costs - immediately and in any case within the period of fourteen days from the order placement. The amount of the refund will be communicated by e-mail and credited through the same payment methods used by the Buyer for the purchase. Any delays in crediting can depend on the bank, credit card type or payment solution used. In any case, the currency date of the amount credited back will be the same as the charge.
9.1. All sales prices of the Articles are expressed in Euro (€) or GBP (£) or USD ($) and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code. The transaction will take place in the following currencies: EUR (€) or GBP (£) or USD ($).
9.2. For shipments in all countries within the European Union, United States of America, Canada, United Kingdom, Japan, South Korea, Hong Kong, Macao, China, Singapore, Taiwan, Thailand, India, Indonesia, Malaysia, Philippines, Sri Lanka, Brunei, Pakistan, Cambodia, United Arab Emirates, Saudi Arabia, Oman, Qatar, Kuwait and Bahrain taxes and duties are included in the prices indicated. For all other countries, additional fees due to customs duties or local taxes (hereinafter "Additional Costs") may be charged to the Buyer.
9.3. All prices shown on the Online Store do not include shipping costs and any additional charges (e.g. gift box). In the purchase process, the User will be informed about shipping costs and other possible costs, which must be authorized by the User to confirm the order and contained in the summary page of the order made.
9.4. The price of the Items may be changed without notice, provided that the price charged to the User will be the one published on the Item tab at the time of sending the order. The Articles will remain the property of the Seller until the User has paid the purchase price, shipping costs and any other additional costs in Euro currency (€) and in all other currencies allowed.
9.5. The prices indicated on the Online Store and/or in advertisements may be corrected at the initiative of the Seller without prior notice. The prices in Euro (€) or GBP (£) or USD ($) shown in the order confirmation sent to the e-mail address indicated by the User in accordance with the previous Article 6.4. must be considered binding, where the prices indicated in the order confirmation are higher than the prices shown on the Online Store. The Seller is not bound by offers and reserves the right to cancel orders in the event of incorrect or changed prices.
10. Method of payment and refund
10.1. Any payment by the User may only be made by means of one of the methods indicated on the specific page on the Online Store.
10.2. Any refund to the User will be credited in a timely manner through the same payment methods used by the User for the purchase. In case of exercise of the right of withdrawal, as regulated by art. 15 of these GCUS, the User must notify the Seller within 14 (fourteen) days from the date of receipt of the shipment.
10.3. The User must make the payments using only the following means of payment and others indicated in the Online Store: bank transfer, MASTERCARD®, VISA®, AMERICAN EXPRESS®, MAESTRO®, SHOP PAY®, APPLE PAY® OR GOOGLE PAY®
10.4. In case of return the amounts credited will be the price paid by the User (list prices net of any discounts if the order was made with the use of promotions, discount codes or in periods of sales) following the methods indicated for each payment method used. Please note that taxes and customs duties paid by the User to receive the Item are non-refundable, except for United States of America, Canada, United Kingdom, Japan, South Korea, Hong Kong, Macao, China, Singapore, Taiwan, Thailand, India, Indonesia, Malaysia, Philippines, Sri Lanka, Brunei, Pakistan, Cambodia, United Arab Emirates, Saudi Arabia, Oman, Qatar, Kuwait, Bahrain and countries belonging to the European Union for which prices include taxes and customs duties. Any cost originally incurred for the shipment of the Item will be refunded only if all Items purchased are returned.
11. Delivery times and methods
11.1. The Seller will deliver the Items selected and ordered, in the manner chosen by the User or indicated on the Online Store at the time of order, as confirmed in the confirmation email and after receiving the relevant payment.
11.2. The Seller will serve the User in the shortest possible delivery time. The shipment will take place on the day of confirmation by the Seller to the User of both the order and the payment (excluding orders on delivery). In the event that the Seller is not able to make the shipment within this period will give timely notice by e-mail to the User. If the Seller fails to ship the Item within 30 days of the order being placed, the User shall be entitled to withdraw from the Contract of Sale, with the right to have returned any consideration paid. This shall not apply if the Parties agree to a different delivery period. Indicative delivery times and costs are shown in the table below and are indicated in the check-out of the Online Store and in the confirmation emails depending on the shipping country.
11.3. The delivery times of each Item will be specifically indicated during the purchase procedure and, in any case, before the completion of the same.
11.4. Deliveries will be made by DHL courier worldwide from Monday to Friday, excluding public holidays. The Seller reserves the right to use other shipping methods.
11.5. The delivery is deemed completed when the Item is made available to the User at the delivery address specified in the order form. There is no delivery to the floor or by appointment.
11.6. Upon delivery, we invite the User to be present at the delivery address of the order and not to authorize unattended deliveries of the Items as neither the Seller nor the carrier will be responsible in case of theft or loss of the package containing the Items. In addition, in case of non-signature upon receipt of the parcel containing the Articles, the Seller may not initiate the due investigation with the courier and logistics department.
11.7. In case of non-delivery for absence of the recipient to the address specified in the order form, the courier will leave a postcard to certify the delivery attempt (s.c. "notice of passage"). On the postcard will be indicated the telephone number that the User must contact to request that the courier make a second delivery attempt or the procedure to be carried out via internet. After three failed delivery attempts, the package will go into storage. At this point the Seller’s customer care (hereinafter "Customer Care") will contact the Buyer in order to unlock the stock and ensure that the package containing the Items is delivered to him as soon as possible. If necessary, the Seller may agree with the User to change the delivery address. In the event that the Customer Care fails to respond to the contact attempt, the package will be returned to the Seller and the User will be notified of this by e-mail.
11.8. The User acknowledges that, thirty days after the package containing the Articles is returned to the Seller, The Contract of Sale will be terminated for impossibility of delivery for fault of the Buyer and the purchase order terminated pursuant to art. 1456 of the Italian Civil Code (hereinafter "Date of Resolution").
11.9. Within 30 days of the Date of Termination, the Seller will refund the total amount paid by the User, minus the costs of unsuccessful delivery, stock and return of the product. The termination of the Contract of Sale and the amount of the refund will be communicated to the User by e-mail. The amount of the refund will be credited using the payment solution made by the User for the purchase.
11.10. In the event that, before the Date of Termination, the User requests to receive the purchased Item again, the Seller will proceed to the new delivery, after charging, in addition to the costs of the same, the costs of returning the product to the Seller.
12. Limitations of liability
12.1. The Seller does not assume any responsibility for defects attributable to force majeure that prevent the execution of the order in the timeframe provided by the Contract of Sale (including, but not limited to, natural events or disasters, terrorist acts, pandemics, strikes, network malfunctions and/or blackouts).
11.2. The Seller shall not be liable to the User, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside its control or its sub-suppliers.
12.3. The Seller shall also not be liable for any damages, losses and costs incurred by the User as a result of the non-performance of the Contract of Sale for reasons not attributable to him, The User is entitled only to the full refund of the price paid and any ancillary costs incurred.
12.4. In no case may the User be held responsible for delays or errors in the payment if he proves that he has executed the payment in the time and manner indicated by the Seller. However, the Seller shall not be liable for delays in the receipt of payments attributed to payment systems operated by third parties and consequently shall be entitled to delay the order confirmation until the receipt of the payment has actually been confirmed.
12.5. The images and colours of the Articles published on the Online Store may differ from the actual ones due to the settings of the computer systems and/or computers used by the User for their display. The Seller undertakes to correct any errors in the description of the Articles, as soon as possible, starting from the reporting of the same. The report of such errors can be made by contacting the Seller by e-mail: [...]
13. Liability for Defective Items
13.1. Pursuant to Arts. 114 and ss. of the Consumer Code, the producer of the raw material and/or the manufacturer of the finished product or a component thereof (hereinafter referred to as "Producer") is responsible for the damage caused by defects in its product.
13.2. Pursuant to art.116 of the Consumer Code, The Seller is responsible for the damage caused by defects of the Article sold if it fails to notify the damaged (hereinafter "Damaged"), within the period of 3 (three) months from the request, the identity and domicile of the producer or person who supplied him with the Article. The above request, by the injured party, must be made in writing and must indicate the article that caused the damage, the place and the date of purchase; must also contain the offer for the Article, if it still exists.
13.3. Pursuant to art. 118 of the Consumer Code, the liability of the Manufacturer and/or Seller is excluded a) if the manufacturer has not put the product into circulation; b) if the defect that caused the damage did not exist when the manufacturer put the product into circulation; c) where the producer has not produced the product for sale or any other form of distribution for consideration, or manufactured it or distributed it in the course of his professional activity; d) if the defect is due to the conformity of the product with an overriding legal standard or a binding measure; c) if the state of scientific and technical knowledge at the time when the product was put into circulation, did not yet allow the product to be regarded as defective; f) in the case of the manufacturer or supplier of a component part or raw material, if the defect is entirely due to the design of the product in which the part or raw material is incorporated or to the conformity of the part or raw material with the instructions given by the manufacturer who used it.
13.4. No compensation shall be due if the Damaged has been aware of the defect of the Article and of the danger that ensued and yet has voluntarily exposed himself.
13.5. In any case, pursuant to art. 120 of the Consumer Code, the Damaged must prove the defect, the damage and the causal connection between defect and damage.
13.6. The Damaged may claim compensation for damage caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided it is of a type normally intended for private use or consumption and so mainly used by the Injured.
13.7. Damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of Euro three hundred eighty-seven (€ 387.00).
14. Guarantees and assistance arrangements
14.1. The Seller, pursuant to art. 129 ff. of the Consumer Code, responds for any lack of conformity that occurs within the period of 2 (two) years from the delivery of the Article.
14.2. For the purposes of these GCUS, the Articles are presumed to comply with the Contract of Sale if, where relevant, the following circumstances coexist:
14.2.1. are suitable for the use to which they habitually serve goods of the same type;
14.2.2. comply with the description made by the Seller and possess the qualities of the good that the Seller has presented to the Buyer as a sample or model;
14.2.3. present the usual quality and performance of a good of the same type, which the Buyer can reasonably expect, having regard to the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, by the Producer or his agent or representative, in particular in advertising or labelling;
14.2.4. are also suitable for the particular use desired by the Buyer and that it was brought to the knowledge of the Seller at the time of the conclusion of the Contract of Sale and that the Seller has also accepted for conclusive facts.
14.3. In any event, unless proven otherwise, it is presumed that defects of conformity occurring within 1 (one) year of delivery of the Article already existed on that date, unless this hypothesis is incompatible with the nature of the Article or the nature of the lack of conformity.
14.4. In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the Item purchased, a reduction in the purchase price or the termination of the Contract of Sale.
14.5. Pursuant to art. 135 bis of the Consumer Code, the Seller may refuse to comply with the Articles if repair and replacement are impossible or if the costs that the Seller should incur are disproportionate. In addition, the Buyer has no right to terminate the Contract of Sale if the lack of conformity of the Article is only minor.
14.6. The request must be sent in writing, by registered mail with return receipt, to the Seller, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 (seven) working days from receipt. In the same communication, if the Seller has accepted the Buyer’s request, it must indicate the methods of shipment or return of the Article as well as the deadline for returning or replacing the defective Article.
14.7. If the repair and replacement is impossible or excessively costly, or the Seller has not repaired or replaced the Article within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at his choice, a reasonable reduction in price or termination of the contract. In this case, the Buyer must send his request to the Seller, who will indicate his willingness to give way to the same, or the reasons that prevent him from doing so, within 7 (seven) working days of receipt. In the same communication, if the Seller has accepted the Buyer’s request, it must indicate the reduction of the price proposed or the methods of returning the defective goods. In such cases, it will be the Purchaser’s responsibility to indicate the modalities for re-crediting the sums previously paid to the Seller.
14.8. Seller reports that repair or replacement times are related to supplier response times. The Seller reserves the right to contact the suppliers of the products before giving confirmation to the User of any repair/ replacement/ price reductions to check the availability of the product manufacturer, the warranty and handling of defective products.
15. Obligations of the User
15.1. The User undertakes to pay the price of the Item purchased in the time and manner indicated in the Contract of Sale.
15.2. The User undertakes, once the online purchase procedure has been completed, to print and store the GCUS.
15.3. The User undertakes to promptly notify the Seller of any change of address and/or transfer of venue. Failure by the User to communicate such change of address and/or transfer of venue will remain entirely at the User’s expense and risk. Until any changes of residence and/or transfer notices are communicated, the User will be considered domiciled at the address indicated by the same at the time of the order and the User will remain responsible for the Item ordered.
15.4. The information contained in the GCUS has been, however, already viewed and accepted by the User, who acknowledges this, as this step is made mandatory before the confirmation of the purchase order.
16. Right of withdrawal, returns and refunds
16.1. The Buyer has in any case the right to withdraw from the Contract of Sale, without any penalty, except for the costs of return referred to in art. 14.7 and without specifying the reason, within the period of 5 (five) business days, starting from the day of receipt of the Article. An essential condition for the exercise of the right of withdrawal is the substantial integrity of the Article to be returned. It is, in particular, necessary that the Articles are returned in normal state of preservation, as they are kept and possibly handled with normal diligence. Every return must also be sent from the same country where it was delivered.
16.2. What is meant by "substantial integrity of the Article". Pursuant to art. 67, paragraph 2 of the Consumer Code, is essential condition for the exercise of the right of withdrawal the substantial integrity of the product to be returned. The products, therefore, must not have been used or worn or damaged or altered. In any case, to be entitled to a full refund of the price paid, the Article must be returned intact and, in any case, in normal condition including the original labels that must still be attached to the garment. If the conditions of withdrawal referred to in this article were not all or in part met, and following the verification of the condition of integrity of the item returned physically to the warehouse, and in the event that there is a discrepancy with what indicated by the customer during the opening of the return practice, the Seller reserves the right to refuse the withdrawal, and therefore the right to return the Article to the Buyer, after payment by the latter of the additional shipping costs. If the User does not pay the Seller the additional shipping costs for the return of the good to the Buyer, the Seller is authorized, and the User accepts and waives any dispute about it, to retain the good and dispose of it, 12 months from the date of exercise of the right of withdrawal.
16.3. In case of purchase of underwear products, masks and swimsuits it will not be possible to accept the return of the product for health and hygiene reasons.
16.4. Items sold in special ways (e.g. "made to mesure", etc.) cannot be returned.
16.5. In case of return of footwear, Customer Care may require the photos of the footwear including photos of the soles and/ or heels to ensure proper management of the return, being fragile Items.
16.6. In the event of a return for Defective Items, Customer Care may request photos of the Item to be returned in order to assess the defect and notify the manufacturer promptly.
16.7. In the event that the Buyer decides to make use of the right of withdrawal, he must notify the Seller through e-mail at HELP@1989.STUDIO. The User must give to the Customer Care the order number for which he requests the return and al details of the Items he wishes to return indicating the reason for the return, and the conditions of the Article. The User will receive a return authorization e-mail with the return number (RMA), all the instructions to organize the return and the possibility to download the relevant documentation. The return code (RMA) must be mentioned in all communications and reported in the form that is inside the package (Delivery Note - Return Form).
16.8. The User shall, after receiving the return authorization e-mail from the Seller and within 5 (five) business days from the date of receipt of the goods, to the shipment of/the Article/Articles purchased, properly protected and packed possibly in the original packages, equipped from he original tag and from all the eventual accessories of the Article (protective envelopes, pieces of exchange, guarantee, etc.).
16.9. The Return Fee for any withdrawal, is variable depending on the geographical area in which the package was shipped. The cost of the return will be deducted from the refund once the integrity of the product/s/ is verified and the possibility of withdrawal confirmed.
16.10. The Seller, only after receiving the Article/s and only after having positively verified compliance with the terms and conditions for the exercise of the right of withdrawal as well as the integrity of the Articles, as specified in point 16.2, will refund the amount paid by the Buyer within the period of 14 (fourteen) days from receipt of the notice of withdrawal deducted the Fee for the Return where due.
16.11. The amount of the refund will be communicated by e-mail and credited with the same payment methods used by the Buyer for the purchase; even if the Item is returned to one of the Boutiques, no amount will be paid in cash or vouchers. If the User wishes to make a purchase in the store, he must make a new transaction. In case of return, the amounts credited will correspond to the price paid by the User (list prices net of any discounts if the order was made using promotions, discount codes or in balance periods) following the methods indicated for each payment method used. Any import taxes and customs duties paid upon delivery to receive the parcel will not be refunded, except for purchases made in the European Union Country, United States of America, Canada, United Kingdom, Japan, South Korea, Hong Kong, Macao, China, Singapore, Taiwan, Thailand, India, Idonesia, Malaysia, Philippines, Sri Lanka, Brunei, Pakistan, Cambodia, United Arab Emirates, Saudi Arabia, Oman, Qatar, Kuwait and Bahrain where taxes and customs duties are included in the final price. Any cost incurred originally for the shipment of the order will be refunded only if all the Items purchased are returned.
16.12. Upon receipt of the notice by which the Buyer declares the exercise of the right of withdrawal, the Parties are released from their mutual obligations, without prejudice to the provisions of the preceding paragraphs of this article 15.
17. Essential terms and express termination clause
17.1. The Parties agree that the terms of payment of the price of the Article purchased by the Purchaser referred to in the preceding art. 6.3, 9.3.3, 9.3.4 constitute essential terms ex art. 1457 of the Italian Civil Code.
17.2. Default on the following obligations shall be considered serious by the Parties:
17.2.1. breach by the Buyer of the User’s obligations under art. 14;
17.2.2. violation by the Buyer of the payment methods referred to in art. 9.3;
17.2.3. unavailability of the Buyer for the delivery of the Items purchased in the case of art. 10.8
17.2.4. breach by the Seller of the guarantees of the obligations under art. 15.
17.3. In case of one or more serious defaults pursuant to art. 16.2, the interested party has the right to terminate the Contract of Sale pursuant to art. 1456 of the Civil Code. Resolution effects will occur automatically after 15 (fifteen) days after receipt of the registered letter with acknowledgement of receipt or the certified e-mail message indicating the default and failing to comply with the obligation of the defaulting party within the same period.
18.2. The User may revoke his consent at any time by writing an e-mail to PRIVACY@1989.STUDIO
19. Storage of the Sales Contract
19.1. Pursuant to art. 12 of Legislative Decree no. 70/2003, the Seller informs the Buyer that each order and order confirmation sent is stored in digital and/ or paper form on the server and/ or at the headquarters of the Seller and the hosting service according to criteria of confidentiality and security.
20. Communications and complaints
20.1. The Buyer may request any information and/or send communications and/or submit complaints about sales, purchase orders, products, payments and shipments, etc. Such direct communications to the Seller and any complaints will be valid if forwarded by e-mail to. Therefore, the Buyer indicates in the registration form the telephone number or e-mail address to which he wishes the Seller’s communications to be sent. In case of notification of withdrawal, please refer to the rules set out in art. 15.
21. Applicable law and dispute settlement
21.1. The Sales Contracts concluded between the Users and the Seller on the Online Store are governed by Italian law, excluding the rules of reference to laws other than Italian law. To them apply, in particular, the provisions of art. 49 and ss. of the Consumer Code.
21.2. For any dispute relating to the application, execution, interpretation of the Contract of Sale (including these GCUS) the Court of the place where the User resides or has taken his domicile shall have jurisdiction.
21.3. Without prejudice, in any case, to the Purchaser’s right to appeal to the ordinary court, in the case of disputes between Buyer and Seller, the Parties may initiate (ex art. 141 and ss. of the Consumer Code) and undertake to facilitate out-of-court settlement procedures electronically for the resolution of consumer disputes. The Seller hereby warrants, in the event of any disruption or dispute between the Seller and the Buyer, its participation in an amicable settlement attempt which the Buyer may promote before Conciliation Chamber, a Conciliation Service of the Arbitration Chamber of Milan, which allows to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and safe way. The purpose of ConciliaCamera is to resolve quickly and economically all commercial disputes in which consumers and/or businesses are involved, with particular reference to those arising from the internet and e-commerce. For more information or to send a request for conciliation, the Buyer can access ConciliaCamera by clicking here. Please also note that the European Commission provides an out-of-court alternative dispute resolution platform, accessible by clicking here.
22. Final clauses
21.1. These GCUS repeal and supersede any agreement, understanding, negotiation, written or oral, previously entered into between the parties.
21.2. If one or more provisions of the GCUS are considered invalid or declared invalid pursuant to the law, the other provisions will continue to have full force and effect.
21.3. The Seller reserves the right to suspend or terminate the sale on the Online Store. The Seller shall in no way be held liable to the User or third parties for such suspension or termination.
21.4. These GCUS may be subject to updates. Please see the published version and the update date. However, the GCUS published and in force at the time of the conclusion of the Sales Contracts remain valid.
Version of 09 December 2022.
The friendly conciliation service previously indicated in "RisolviOnline" has merged into the "Conciliation Service of the Arbitration Chamber of Milan". Mediation procedures can be managed through the "ConciliaCamera" platform.
More information here: https:///www.risolvionline.com/index.html