1.1. These general conditions of sale apply to purchases of products sold on www.thehypeplace.com (hereinafter the “Products”) made through the e-commerce website www.thehypeplace.com (hereinafter the “Website”) by users classified as “Consumers” pursuant to Article 1.2 below. The Website is owned by FotomagazinShops, with registered office in How to select and purchase Products, Milano (MI), Italy, VAT number IT 10716380968 (hereinafter the “Seller”).
1.2. Purchases of Products made through the Website will have FotomagazinShops as seller (hereinafter the “Seller”), and the person who purchases one or more Products for purposes not related to their business, commercial, craft or professional activity, as buyer (hereinafter the “Consumer”), (Seller and Consumer will be collectively referred to hereinafter as the “Parties”).
1.3. Any communication by the Consumer connected and/or related to the purchase of Products - including any reports, complaints or requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner set out on the Website and to the email address firstname.lastname@example.org
1.4 Every purchase is governed by the general conditions of sale in the version that is published on the Website when the order is placed by the Consumer.
1.5. The Website is for retail sales and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are asked not to make purchase orders. Should one or more sales be made to a party that is not classified as a Consumer, these general conditions of sale shall apply but, notwithstanding the provisions of said conditions:
a) the purchaser will not be granted the right of withdrawal referred;
b) the purchaser will not be granted any other Consumer safeguards provided for herein, which reflect or comply with mandatory legal provisions;
c) the contract of sale concluded between the Seller and the purchaser will be governed by Italian law.
1.6. When making a purchase order, the Consumer accepts that the confirmation of the information relating to the order and these general conditions of sale will be sent via email to the address provided by the Consumer during registration on the Website or during the purchasing process.
1.7. In order to make purchases via the Website, the Consumer must be at least 18 years old and have legal capacity, which the Consumer declares to be the case.
1.8. Any costs for connection to the Website via the Internet, including telephone costs, are to be paid exclusively by the Consumer, in accordance with the rates applied by the operator selected by the Consumer.
2.1. The Products are sold with the characteristics described on the Website and in accordance with the general conditions of sale published on the Website at the time the Consumer places the order, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to amend these general conditions of sale at any time, at its discretion, without having to give any notice to the users of the Website. Any changes made shall be effective as from the date of publication on the Website and shall apply only to sales concluded as from that date.
2.3. The prices, Products for sale on the Website and/or their characteristics are subject to change without notice. Before making a purchase order in accordance with paragraph 3 below, the Consumer is invited to check the final sale price.
2.4 The Website can be accessed from all over the world. However, the Products available on the Website can only be purchased by users requesting delivery to one of the countries indicated on the Website.
3.1. The display of the Products on the Website, which is not binding on the Seller, is simply an invitation to the Consumer to make a purchase contract offer and does not constitute an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller through the Website has the value of a contract offer and is governed by these general conditions of sale, which are an integral part of the order and which the Consumer, by sending the order to the Seller, is obliged to accept fully and without reservation. Before proceeding with the purchase of the Products by sending the purchase order, the Consumer will be asked to read carefully these general conditions of sale and the information on the right of withdrawal and to save or reproduce a copy for his/her personal use.
3.3. The Consumer’s purchase order is accepted by the Seller by sending an email confirming the order to the Consumer, to the email address provided to the Seller at the time of registering on the Website or placing the order if the Consumer is not registered on the Website. The confirmation email will include the summary of the order and the description of the characteristics of the ordered Product. The Consumer’s order, the confirmation of the order by the Seller and the general conditions of sale applicable to the relationship between the Parties will be electronically filed by the Seller in its computer systems and the Consumer may request a copy by sending an email to the Seller at the following address email@example.com.
3.4. Each Product purchase contract is understood to be concluded when the Consumer receives the order confirmation by email from the Seller.
4.1. Products displayed on the Website can be purchased by selecting the Products of interest to the Consumer and adding them to the virtual shopping basket. In order to purchase the items that have been added to the shopping basket, the Consumer is requested (i) to register with the Website, providing the required data, or (ii) to log in, if the Consumer is already registered, or (iii) to provide his/her data in order to complete the order and allow the contract to be executed. If the data indicated in the order are different from those provided during registration on the Website, the Consumer will be asked to confirm his/her data (/including, but not limited to: name, surname, etc.), and the address for delivery of the selected Products, the billing address and, a telephone number where the Consumer can be contacted for any communications relating to the purchase. A summary of the order to be executed will then be displayed, and can be amended; then the Consumer, after carefully reading these general conditions of sale, has to expressly approve them by checking the relevant box and, lastly, the Consumer will be asked to confirm the order using the “Place order” button, and the order will be sent to the Seller and will have the effects described in paragraph 3.2 above. The Consumer will also be asked to choose the delivery and payment methods from those available. If the consumer chooses the immediate payment method (at the same time as the purchase) by PayPal, he/she will be required to provide the relevant data through a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the particulars provided by the Consumer.
4.2. If, during the procedure to select the Products on the Website referred to in paragraph 4.1 above, the Consumer finds that the price of one or more of the Products he/she intends to select for purchase is clearly lower than the price normally applied, net of any discounts and/or promotions in force at that time, due to an obvious technical problem on the Website, he/she is asked not to complete the purchase order and to report the technical error to the Seller’s Customer Service, by sending an email to the email address firstname.lastname@example.org.
5.1. The Website shows Product availability and delivery times; nevertheless, this information is to be considered purely as a guideline and is not binding on the Seller.
5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Website and, in any case, to carry out the delivery within a maximum time of 30 (thirty) days from the day following the day on which the Consumer places the order. If the order is not executed by the Seller, due to the unavailability, even temporary, of the Product, the Seller shall inform the Consumer in writing and shall refund any amounts that may already have been paid by the Consumer for the Product in accordance with paragraph 5.3 below.
5.3. Shipment of the Products ordered by the Consumer will be made in accordance with the procedure selected by the Consumer from those available and indicated on the Website at the time the order is placed. The Consumer undertakes to check as soon as possible that the delivery includes all and only the products purchased and to inform the Seller promptly of any defect in the Products received or any discrepancy with the order, in accordance with the procedure set out in Art. 8 below of these general conditions of sale; otherwise, the Products will be considered as accepted. If the package or wrapping of the products ordered by the Consumer should arrive at their destination clearly damaged, the Consumer should refuse delivery by the carrier/shipper or accept delivery “with reservation”.
6.1. The price of the Products is the one indicated on the Website at the time the Consumer places the order. Prices are inclusive of standard packaging costs, vat any indirect taxes, but do not include shipping costs, which are calculated before the order confirmation is sent by the Seller to the Consumer and which the Consumer agrees to pay to the Seller in addition to the price indicated on the Website.
6.2. The Consumer must pay the full price to the Seller, as indicated in the order and in the order confirmation sent by email by the Seller to the Consumer.
6.3. If the Products are to be delivered in a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, inclusive of indirect taxe is net of any customs duties and any other sales tax, which, if due, the Consumer undertakes to pay in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country in which the products will be delivered. Consumers are asked to find out from the competent bodies of their country of residence or destination of the products about any duties or taxes that may apply in their country of residence or destination of the products.
6.4. The Consumer is solely responsible for any additional cost, charge, tax and/or duty that a given country may apply, for any reason whatsoever, to the Products ordered according to these general conditions of sale.
6.5. The Consumer hereby states that any lack of knowledge of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above at the time of placing an order with the Seller, shall not constitute grounds for termination of this contract and that he/she may in no way bill the aforesaid charges to the Seller.
7.1. The Consumer expressly accepts that the execution of the contract by the Seller will start at the time when the price of the purchased Product or Products is credited to the Seller’s current account.
7.2. Payment can be made by Bank Transfer or Credit Card using PayPal service, under the conditions described below.
7.3. The payment can be made with PayPal using Credit Cards also if the Customer doens’t have a PayPal account.
7.4. If required by applicable law, the Seller will promptly send the purchase receipt to the Consumer, in electronic format via email to the address provided by the Consumer if the purchased Products are intended for delivery in Italy, or attached in paper format to the purchased Products in all other cases.
8.1 The Consumer has the right to withdraw from any contract concluded in accordance with these general conditions of sale, without any penalty, within 10 (teen) days from when the product was delivered.
8.2 To exercise the right of withdrawal, the Consumer must inform the Seller, before the expiry of the period referred of his/her decision to withdraw from the contract sending an explicit declaration to the Seller to the email address email@example.com.
8.3 Further to the provisions of paragraph, the Consumer will receive an email confirming the exercise of withdrawal, to insert in the package, and instructions for returning the product, to be sent within and no later than 3 days to FotomagazinShops.
8.4 If the Consumer has received the product, he/she is obliged to return it to the Seller without undue delay and, in any case, within 3 days from the day of notification of withdrawal. This deadline is considered as being met if the goods are returned before the end of the 10-day period.
8.5 If the Consumer exercises the right of withdrawal from the contract, he/she will be refunded for the products he/she has purchased, without undue delay and no later than 10 days from the date the Seller have received the goods. These refunds will be made using the same payment method used for the initial transaction, unless you the Consumer requests reimbursement by a different payment method; in this case he/she will be responsible for any additional costs arising from the different payment method. The refund is suspended until the goods have been received.
The risks and direct costs of returning the goods will be borne by the Consumer:
He/she needs to provide a shipment tracking number and a delivery proof.
The returned Product shall be exactly in the same condition as received:
•unused/unworn (sneakers soles shall be unworn and without signs of wear)
•complete with all its parts and accessories (including the original labels and tags, laces and extra laces still attached to the Product)
•the original shoe box shall be in the same condition as recevied.
After the inspection, if only one of these clauses is not respected, the Seller has the right not to accept the return and ship back the product to the Buyer charging all costs incurred.
8.6 Withdrawal Exceptions:
Sell your Item "Limited Edition" in the description are sold as-is, are final sale and are not eligible for returns or excanghes.
Due their nature as collectibles, market value decreases even if they are just tried on once or they are not factory laced anymore.
The price for these goods is linked to fluctuations in the market wich the Seller is unable to control and wich may occur during withdrawal period.
Yeezy 350 V2.
9.1. The Consumer declares that he/she has been informed that all trademarks and names, as well as any distinctive sign, name, image, photograph, written text or graphic used on the Website or related to the Products are and shall remain the exclusive property of FotomagazinShops and/or of its assigns, and access to the Website and/or the purchase of Products shall not confer any right there to on the Consumer.
9.2. The contents of the Website may not be reproduced, in whole or in part, transferred by electronic or conventional means, amended or used for any purpose without the prior written consent of FotomagazinShops.
10.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and true.
10.3. The Consumer may at any time update and/or amend the personal data provided to the Seller through the appropriate “My Motive” section of the Website, which can be accessed after authentication.
11.1. Although the Seller takes measures to protect personal data against any loss, falsification, improper handling and misuse by third parties, the Seller cannot guarantee that the information or data displayed by the Consumer on the Website, even after the Consumer has provided authentication (login), cannot be accessed or viewed by unauthorised third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet.
11.2. For data relating Paypal payments, the Seller uses the services of PayPal Holding Inc, which makes use of technological systems to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
12.1. The General Conditions of Sale Each sales contract concluded between the Seller and Consumers pursuant to these general conditions of sale shall be governed and interpreted in accordance with Italian laws and in particular by Legislative Decree no. 206 of 6 September 2005, on the consumer code, with specific reference to legislation on distance contracts, and Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning e-commerce. In any case, any rights that may be granted to Consumers by mandatory legal provisions in force in the Consumer’s country will be maintained.
12.2. In the event of disputes between the Seller and a Consumer, these be deferred to the exclusive jurisdiction of the competent Court of the city of Milano (Italy).