General Terms and Conditions of Sale
These General Terms and Conditions of Sale (“General Terms”) discipline the on-line sale of ASHI STUDIO Products (« Products ») and the relationship between ASHI STUDIO or « Vendor » and the Users/Customers.
Our Business Policy
The Vendor offers the Products for sale on www.ashistudio.com and other mobile applications and its e-commerce business services are available exclusively to its users (“Users”), i.e. the “Clients”.
“Client” shall mean, for the purposes of these General Terms, any individual who is acting for purposes which are outside his or her trade, business or profession, that is a “consumer” in the meaning generally accepted within common practice under the applicable laws.
If you are not a Client within the meaning above specified, please do not buy any products on www.ashistudio.com.
The Vendor reserves the right not to process orders received from users who are not “consumers” and any other order which does not comply with the Vendor’s business policy.
These General Terms exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on www.ashistudio.com between the users of www.ashistudio.com and the Vendor.
The General Terms do not regulate the supply of services or the sale of products performed by third parties that are on www.ashistudio.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party’s terms and conditions, since the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of www.ashistudio.com and third parties.
In case you wish to purchase our Products to sell them through your own platforms, shops or any other professional channels of distribution, we kindly ask you to contact us in this respect by writing to firstname.lastname@example.org.
Purchase Orders and Execution of the on-line sale
In order to place an order for the purchase of one or more Products on www.ashistudio.com, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.
Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, and an Informational Note on Right of Withdrawal, to print a copy of them by using the print command and to save or make a copy thereof for your personal records.
In the order form viewed immediately prior to entering into the purchase agreement, we will provide you with summarized information regarding the essential features of each product ordered, the price (including all applicable taxes or fees) and the shipping costs (including therein any additional costs you have incurred due to choosing a different and/or faster type of shipping and delivery than the standard method.
An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order information has been verified as correct.
When you transmit the order form, you will be informed that this forwarding constitutes an obligation to pay the price indicated. The order form will be filed in our data base for the time required to process your order and as provided by law. You may access your order form by clicking on the section called “My Order”, in the Client Services area.
Before submitting the order form, you will be asked to identify and correct possible input errors.
English is the language used for executing contracts with the Vendor.
After your order form has been submitted, the Vendor will process your order.
The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by email that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the Products displayed on www.ashistudio.com are no longer available at the time of your last access and once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day after Vendor has received your order. If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund, without undue delay, the amount paid for those items and the contract between the parties will consider to have been terminated.
Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of Products on www.ashistudio.com.
Upon submission of an order form, the Vendor shall send you a purchase order receipt email, containing the General Terms and Conditions of Sale and the summary document on the Right of Withdrawal and therefore, all of the information that is already contained in the summary of commercial and contractual conditions viewed prior to making the purchase. A summary of the information related to the order form (General Terms and Conditions of Sale, the products’ main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).
Guarantees and Products
On www.ashistudio.com, we only offer products marked with the “ASHI” trademark.
The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
The main characteristics of products are shown on www.ashistudio.com on each product page. The products offered for sale on www.ashistudio.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
Prices are subject to change. Check the final price of sale before sending the relevant Order form.
Orders made to addresses to which the Vendor cannot ship, will be automatically cancelled.
All Products come with an identification tag attached with a disposable seal.
All prices will be specified in EUR, which is the reference currency, and also in USD, for your prompt reference. Prices in USD do not get automatically adjusted following the variations of the USD/EUR exchange ratio. ASHI STUDIO reserves the right to adjust the USD prices when it deems it necessary.
The Vendor releases instructions concerning the proper care and storage procedures for the Products (“Instructions”). It is your responsibility to carefully read and observe said Instructions. In case of failure to comply with the Vendor’s Instructions, the warranty on Products may not apply.
Without prejudice to the application of the mandatory consumer protection provisions, all products sold by the Vendor are covered by a twenty-four (24) month guaranty for lack of conformity. You shall inform the Vendor of the existence of any such lack of conformity within a period of two (2) months from the day when you detected the lack of conformity. Please contact our Client Relation Area. In case of lack of conformity, you may choose between the repair or replacement of the product. If these remedies are impossible or disproportionate you are entitled to either require the Vendor to make an appropriate reduction in the price or to terminate the contract.
Should the lacks of conformity in the Products depend upon your failure to comply with the Instructions, this warranty shall not apply.
Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form. Under no circumstance will costs that are higher than those effectively incurred by the Vendor be charged, in relation to your previously selected payment method.
Any data concerning your payment cards or other payment tools (for example, card number or expiration date) will be sent by encrypted protocol to the entrusted providers of remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.
Shipping and Delivery of the Products
Shipping and Delivery will be carried out exclusively via courier.
Any duties and import taxes you may be required to pay at delivery will be calculated and added to your order total before you check out. There are no extra costs at delivery.
The Vendor may have a courier of choice for different geographic areas. You will receive an email containing your Tracking Number once your package has been shipped from our Swiss warehouse.
Our courier delivers from Monday to Friday during business hours and will make three delivery attempts. After the third failed attempt, your order will be returned to our warehouse. Please note that once you have placed an order, it is no longer possible to modify your shipping address.
For specific product shipping and delivery procedures see the Client Services Area
Refund Times and Procedures
Whatever payment type you used, the full or partial refund procedure shall be started by the Vendor within fourteen (14) days from when the Vendor was informed of your decision to exercise your return right, after checking that the return right has been correctly exercised and that the returned products have been accepted.
The Vendor issues the refund using the same payment method you used to purchase the returned products, unless you have expressly agreed with the Vendor to use another payment method, and on the condition that you must not incur any further cost as a result of the refund. If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by the Vendor to the individual who made the payment.
The value date for the credit shall be the same as the value date of the original debit and consequently you shall not lose bank interest.
We also ask that you read, if you haven’t already done so, our General Terms and Conditions of Use because they contain important information on how we process the personal data of our users and on the security systems we have adopted.
Amendments and updates
The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on www.ashistudio.com.
Governing Law – Consumers’ Protection
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
For European Union countries only: please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr.
RETURN AND REFUND POLICY
At ASHI STUDIO, we aim at guaranteeing to our Clients full satisfaction, pursuant to the applicable laws. If, for any reason whatsoever, you are not satisfied with your order, you may exercise your right to return purchased products within fifteen (15) days from the date on which you received them from the Vendor.
We kindly invite also invite you to declare your decision to return a product by completing the Return Form available here. We will then assign you a Return Serial Number.
Returned items must be shipped back to the Vendor within fourteen (14) days from the date on which you informed the Vendor of your decision to withdraw from the contract. The products may be returned by dispatching the package through the shipping agent appointed by the Vendor (XXXX), or through another major international shipping agent.
Terms and Conditions of Return
The right to return ASHI STUDIO products may be exercised upon the following conditions and requirements are fully met:
a) Return Form sent directly online through ashistudio.com., correctly completed and sent to the Vendor within fifteen (15) days after receiving the products;
b) the products must not have been used, worn or washed and, in any case, compliant with the requirements detailed in the section on Returned Products Checks below;
c) the identification tag must still be attached to the products, along with the disposable seal, which constitutes an integral part of the item;
d) the returned products must be in their original packaging;
- e) the returned products must be delivered to the shipping agent within fourteen (14) days of when you informed the Vendor of your decision to withdraw from the contract;
f) the products must not be damaged.
If you have fulfilled all requirements set forth above, the Vendor will fully refund the price of the returned purchased products. You will only be charged for the return shipping cost, unless the Vendor expressly exempt you from these costs at the time of purchase, and on the subsequent condition that you use the shipping agent indicated in the Return Form.
All products sold by the Vendor include an identification tag attached with a disposable seal. When you receive the products, we invite you to try on the products, to verify the size, without removing the tag and seal. Returned products without the tag or seal will not be accepted for full refund.
Returned Products Checks
Our products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), including all accessories and documents. We reserve our right not to accept any return if the product shows signs of wear or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.
Refund Times and Procedures
After the Vendor has received the returned products and checked that the products meet all requirements, you will receive an email that the returned products have been accepted, or, if a decrease in value of the returned products has been detected, you will receive an email informing you of the amount being deducted from the refund. Whatever form of payment you used (Credit/Debit Card), the refund procedure will start within fourteen (14) days from when the Vendor was informed of your decision to exercise your right to return the purchased products and once the Vendor has checked that the return was carried out in compliance with the above conditions.
The time period for refunding the amount you paid for purchasing the returned products depends on the form of payment used:
purchase by Credit/Debit Card: refund time will depend on the Credit Card company’s policies. We would like to assure you, however, that the value date for the credit will coincide with the date of the original payment; therefore you will not suffer any interest loss;
payment by PayPal (where available): refunds will be credited to your PayPal account and will be visible immediately. Reimbursement time to the credit card associated with your PayPal account depends on the company that issued the card;
payment in cash upon delivery: the refund is issued to the checking account you have indicated, therefore the refund time is dependent on you correctly entering the data; normally the credit occurs within fourteen (14) days.
Exchange Policy of Sealed Products
In certain circumstances detailed below, you shall be entitled to exchange your product for a different size or colour of the same product type provided they are of equivalent value.
Exchanges are subject to product availability at our warehouse. You can request an exchange using the online Return Form on the website, which allows you to exchange your purchased product using the options available. The request for an exchange of the product is subject to the following conditions:
• product exchange shall only apply to purchased products for which this possibility is expressly specified on the online Return Form on our website by means of the word “EXCHANGE” being indicated;
• you may only request the replacement of one or more purchased products with products of the same type, but in a different size and/or colour. The available replacement options will be indicated in the online Return Form;
• you may request to exchange one or more purchased products within and not later than 14 (fourteen) calendar days of the day you receive the products, by filling in the Return Form online within such deadline. You must return the products to be replaced to the Vendor within 14 (fourteen) calendar days of the day you notified the Vendor of your decision to exchange the products;
- you may only submit a single replacement request for each product purchased;
• the product(s) for which you request the replacement must be returned to the Vendor with all packaging which is an integral part of the product(s) (such as a dust bag)intact in its entirety, they must not have been tired on, used, worn, washed, modified or damaged, and they must still have their identification tag attached with the disposable seal;
- the products to be exchanged that are part of a single order must be returned to the Vendor in a single shipment. The Vendor reserves the right to refuse products of the same order that are shipped for replacement in different stages.
• it is not possible to send an exchange request for one or more products that were purchased using a promotional code.If all the above conditions are correctly fulfilled, once you have filled in and transmitted the Return Form containing your request for an exchange, the Vendor will acknowledge your request by email.
After receiving the product(s) to be exchanged, the Vendor will inspect the product(s) to check that all the above conditions have been fulfilled. If so, the Vendor will verify the actual availability of the replacement products in its warehouses of the product(s) to ensure that the size and/or colour you have selected are available.
If the selected replacement product(s) are not available in the warehouse, the Vendor will not be able to accept your request for an exchange and will refund you for the product(s) subject to and in accordance with refund times and procedures above.
If the selected product(s) are available in the warehouse, the Vendor will accept your request for an exchange and will send you an e-mail confirming the shipment of the replacement product(s). Shipment will occur within thirty (30) working days of the date from which the Vendor was made aware of your request for exchange. The costs for shipping the replacement product(s) shall be borne by the Vendor.
However, if you choose to return the exchanged product in accordance with your legal rights, you will receive a full refund for the price paid for the product.
You will be contacted by the Vendor if your request for an exchange cannot be accepted because the above conditions have not been met. If so, the Vendor will contact you to ask whether you wish the product(s) to be returned to you at your expense. If you do not wish to have the product(s) returned to you, the Vendor shall retain the product(s) and the amount paid for the purchase of the product(s).