1. Foreword

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: 1989studio@legalmail.it), 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").

1.2. These General Terms of Use and Sale (hereinafter referred to as "GCUS") govern the terms and conditions under which the Seller grants users of the Online Store (hereinafter "Users") the right to browse the Online Store and to purchase the Items.

1.3. The navigation, the registration of a personal account and the purchase through the Online Store are subject to the acceptance of the GCUS, the Privacy Policy (hereinafter, "Privacy Policy") and the extended information on Cookies (hereinafter, "Cookie Policy"), which is intended to be finalized with the consultation by the User of any page of the Online Store. If the User does not intend to accept these GCUS, the Privacy Policy and the Cookie Policy, it is sufficient that he refrains from browsing the Online Store and/or from using the online purchase service of the Articles therein.

2. Definitions

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;

2.3. Privacy Policy: the privacy policy of the Online Store, available here;

2.4. Cookie Policy: the extended information on cookies of the Online Store, available here;

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 1989studio@legalmail.it), 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 favorable 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. Site Terms of Use

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.

5.3. To purchase on the Online Store it is not mandatory to create an account but you must have a valid email address and approve, by selecting the appropriate box on the registration form, these GCUS and the Privacy Policy. Failure to accept the GCUS will make it impossible to make purchases on the Online Store.

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.

6.3. The newsletter service is not intended for minors under the age of 16 (for more information on this, please consult the "Minors" section of the Privacy Policy).

7. Privacy Policy - Extended Cookie Policy

7.1. The Seller, as the data controller of the data collected through the Online Store, protects the privacy of its Users and ensures that the processing of data complies with the provisions of the legislation referred to in Reg. (EU) 2016/679. Hence the invitation to Users to read carefully the Privacy Policy and the Cookie Policy before accessing the Online Store.

7.2. The User may revoke his consent at any time by writing an e-mail to privacy@189.studio

7.3. More information on how to revoke is available in the "Revocation of consent" section of the Privacy Policy and in the "Cookie Management" section of the Cookie Policy.

8. Applicable law and dispute settlement

8.1. 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.

8.2. 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.

8.3. 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 ConciliaCamera, 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.

9. Final clauses

9.1. These GCUS repeal and supersede any agreement, understanding, negotiation, written or oral, previously entered into between the parties.

9.2. 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.

9.3. 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.

9.4. 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