Terms & Conditions

Introductions

UTOPIAST’s (“UTOPIAST” “we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service (“TOS”), and any other rules posted on our Site. Please read the Terms of Use & Service carefully before placing any orders on utopiast.com. You acknowledge that by using the website (wholly or partly) in any way, you agree to be bound by these terms. If you do not agree with the terms, you will not be able to use UTOPIAST’s website and/or place your order for any product made available on the website. We recommend you to keep a copy of the TOS for future reference.

If you are  under 16 you must let your parent or guardian know about UTOPIAST’s Terms of Use & Service and Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 however.

UTOPIAST may from time to time change these Terms of Use & Service at its sole discretion. By using this Website after any such change(s), customers agree to comply with, and be bound by, the Terms as changed.

Information about UTOPIAST

The online store UTOPIAST is a service of U STUDIO, Sandra Gubenšek s.p., a company registered in Slovenia with the company registration number 6950248000 and having its registered address at Ljubljanska 32, 8311 Kostanjevica na Krki, Slovenia. UTOPIAST is provided solely for customers’ personal use for the buying of clothing, accessories, homeware and other Items (“Items”) and enables you to view, browse and make purchase of the Products using the Website.

UTOPIAST shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website. UTOPIAST as well reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Products or features of the Website therefore without notice.

UTOPIAST may be contacted by email at info@utopiast.com or by writing to the User Support Department at the address set out in this clause.

Purchase process

To be eligible to purchase Items on the UTOPIAST’s Website customers must:
– Be the holder of a valid debit/credit card.
– Warrant that the personal information, which customers are required to provide when placing an order is true, accurate and current in all respects.
– Register as a Registered User by completing the online registration form made available to customer using the Website. If you choose not to register as a Registered User, you may continue to browse and use certain functionalities of the Website as an Unregistered User. However, you will not be able purchase the Products or have access to all available functionalities on the Website.

When a customer orders an Item from www.utopiast.com the customer is offering to buy it for the price stated, subject to these Terms. The customer will be guided through the process of placing an order by a series of instructions on the Website. The customer places an order for Items from the Website by completing the online order process and providing personal and billing details. In particular, customer must provide real name, phone number, e-mail address and other requested information as indicated. Furthermore, customer is required to provide payment details that are both valid and correct. Once a customer has placed an order, they receive an email from UTOPIAST, acknowledging the exact details of the order.
Unless UTOPIAST notifies the customer that their order has not been accepted, or the customer has cancelled their order in accordance with the Returns policy set out below, UTOPIAST’s acceptance of the customer’s order and the completion of the contract between the customer and UTOPIAST will take place when the customer receives an email from UTOPIAST confirming the Items they have ordered.

Registration

To be able to purchase the Items and use some of the services or features made available on this Site, Customer will need to register. When customers register they are required to provide information about themselves that are true, accurate, current, and complete in all respects. Should any of the registration information change, please notify UTOPIAST immediately at the following e-mail address info@utopiast.com or change your information in your account at the Website. We may also change registration requirements from time to time. The account password customers provide should be unique and kept secure, and they must notify UTOPIAST immediately of any breach of security or unauthorized use of the account.

Please refer to our Privacy Policy for information about how we use your data.

Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. UTOPIAST offers products for sale that are in stock and available for dispatch from our designers directly. Occasionally however, the items are made-to-order so their delivery takes longer. All those items are marked on the page as such and their approximate delivery time is stated in the description of the product.

UTOPIAST tries to keep its Website as up to date as reasonably possible but cannot guarantee that any particular Item will always be available. If UTOPIAST can’t supply any Item, it will release the funds being held in the customer’s account for the purchase and notify the customer.

Acceptance of your order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and UTOPIAST will be completed when we email you to confirm the goods have been dispatched. The language of the sale contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of UTOPIAST.

We reserve the right to not accept your order if the item you ordered is out of stock, UTOPIAST is unable to obtain authorisation for the customer’s payment, when shipping restrictions apply to a particular item or, if UTOPIAST identifies a product or pricing error. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion.

We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site, whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, UTOPIAST shall refund the full amount as soon as able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

Pricing Policy

All prices indicated for Items at UTOPIAST are final and exclusive of TAX.  U STUDIO is not VAT registered company therefore VAT exempt under Article 138(1) of Directive 2006/112/EC.

Prices displayed on the Site are in Euros and do not include shipping fee. Please check Shipping and Delivery clause of Terms of Use & Service for more information about shipping fees and additional charges.

If you are a customer whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

If the customer orders goods for delivery outside of the EU or purchases items from a designer based outside of their country or trading zone, please note that the customer’s purchase may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by the customer. It is accepted by the customer that UTOPIAST or its designers have no control over additional charges in relation to customs clearance. UTOPIAST recommends that the customer checks with their local customs officials or post office for more information regarding importation taxes/duties that may be applicable to their online order.

Payment

UTOPIAST accepts all major international credit cards: VISA/Delta/VisaElectron/MasterCard/EuroCard/American Express and also debit cards with Visa or MasterCard logos and regular Paypal account payments.

All of our orders are processed through Paypal, a 100% secure online payment system. Paypal encrypts your payment information using the SSL protocol with an encryption key lenght of 128 bits – the highest level of security for e-commerce. When selecting payment option at the checkout, you will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’. You do not need a PayPal registration to be able to buy Items at UTOPIAST. The payment is processed at the time of purchase.

The customer confirms that the credit/debit card that is being used is their own or that they have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the customer’s payment card refuses to authorise payment to UTOPIAST, UTOPIAST will not be liable for any delay or non-delivery.

UTOPIAST takes all reasonable care to make its Site secure. UTOPIAST does not store customers’ credit card details on its systems, however all other details will be fully encrypted and only used to process the order which the customer has initiated.
Furthermore, UTOPIAST will take all reasonable care, in so far as it is in its power to do so, to keep the details of customers’ orders and payments secure, but in the absence of negligence on UTOPIAST’s part, UTOPIAST cannot be held liable for any loss the customer may suffer if a third party procures unauthorised access to any data the customer provides when accessing or ordering from the Site.

Promotion codes

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

Dispatch

UTOPIAST and its designers aim to dispatch all orders within 48 hours if not stated diferently in the product description. UTOPIAST operates Monday to Friday and not on (slovenian) public holidays. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. UTOPIAST and its designers are not responsible for any delays caused by any local customs clearance processes. If a customer has ordered several items at the same time, the products may be delivered at different times.

Shipping & Delivery

UTOPIAST and its designers aim to deliver the customer’s chosen items to the place and person of their choice, in perfect condition and in the shortest time possible. Designers selling directly from their studios provide delivery methods that comply with UTOPIAST’s standards in order to ensure complete customer satisfaction.

UTOPIAST ships to the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and United Kingdom.

Customers from other countries please contact us at info@utopiast.com for further information.

Delivery time for Items in stock is normally between 2 and 5 working days depending on when the customer’s order is processed, and the location the customer requires the order to be shipped to. For Made-to-Order Items delivery times can vary between 2-4 weeks from order date. Please order from UTOPIAST with enough lead-time to prevent any loss or disappointment resulting from the delivery time, as we cannot be responsible for this.

If the customer’s order cannot be delivered within the timeframe specified at the time the order is placed, UTOPIAST will notify the customer and try to rectify the situation as quickly as is practically possible. All new orders are deemed separate and each is treated individually.

UTOPIAST and its designers shall have no liability to the customer for any failure to deliver goods they have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by UTOPIAST, and transfer of responsibility in the same way.

Tax & Duties

If the customer orders goods for delivery outside of the EU or purchases items from a designer based outside of their country or trading zone, please note that the customer’s purchase may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by the customer. It is accepted by the customer that UTOPIAST or its designers have no control over additional charges in relation to customs clearance. UTOPIAST recommends that the customer checks with their local customs officials or post office for more information regarding importation taxes/duties that may be applicable to their online order.

Returns & Refunds

Customer satisfaction is UTOPIAST’s top priority. Although we hope you will be delighted with your order, if you are not perfectly satisfied, we will offer you a full refund or exchange for all in-stock items.

You can return any item purchased on utopiast.com within 14 days of the delivery date. Returns outside these timeframes will not be accepted. In order to receive a refund or exchange, the item(s) must be unworn and in perfect condition, with all labels attached and in the original packaging. International customs duties and sales taxes are not refunded for any shipments. Please be aware that items that are Made to Order are not refundable.

To return the item(s) please follow the steps below:

1. Notify UTOPIAST of your intentions to return the Item within 48 hours of delivery by sending an email to info@utopiast.com

2. Make sure the merchandise you return is in its original condition, tags and packaging included.

3. Pack the items in the order box (or any rigid carton box) and stick the address label over the prior delivery information.

4. Contact courier service to arrange the pick-up of your package wherever you wish. The item is the customer’s responsibility until it reaches the designer therefore UTOPIAST recommends that the customer sends the parcel using a delivery service that insures the value of the goods.

Once your package reaches the warehouse, please allow 3 to 7 business days (depending on peak times) for your return to be processed. If your return does not meet the conditions listed, the package will be sent back to you. When your return has been accepted, your refund will be issued and you will receive a confirmation e-mail.

Please note: New and unused means that there are no marks on the item or any wear on the tags. UTOPIAST does not sell used items and will not accept any item with any indication that it was used. In such cases, the item will be returned to the purchaser.

Shoes
: All shoes should be tried on a carpeted surface before wear.

Beauty
: Skincare, cosmetics and hair care must be returned unused, unopened, and in their original packaging otherwise we may not accept them.

Lingerie & Swimwear
: Briefs, swimming costumes and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip. Returns may not be accepted if this strip has been removed or if items are soiled, and may be sent back to the customer.

Faulty goods
: Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

Colors: 
We have made every effort to display as accurately as possible the colors of our products that appear on utopiast.com. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate.

Repeated returns
We offer a flexible returns policy to make your online shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if goods are returned repeatedly.

Gift Returns
If you have received an item from UTOPIAST as a gift you can exchange it for another item of the same value or more provided you pay the cost difference and the additional shipping, taxes, and import duties, and any additional charges which may incur as a result of exchange. Please send an email to info@utopiast.com and we will lead you through your options.

Intellectual property rights

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content. All such content available on the utopiast.com, including, but not limited to, text, graphics, logos, button, icons, images, audio and video clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of UTOPIAST, its designers, its partners or its licensors, and is protected by national intellectual property and other laws and international treaty provisions.

UTOPIAST does not promise that UTOPIAST’s Content is accurate or error-free. UTOPIAST does not promise that the functional aspects of the Site or its Content will be error free or that this Site, UTOPIAST Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The trade marks, logos, and service marks displayed on the Website (collectively, the “Trade Marks”) are the registered and unregistered marks of UTOPIAST its designers, its licensors or its partners, and are protected by Slovenian and international trade mark laws.

Neither the Content, the Trade Marks, nor any other portion of the Website may be used, modifyed, copied, reproduced, duplicated, sold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without UTOPIAST’s prior written consent.

Governing law

Customers’ use of this Website and any purchase by them of any Item from UTOPIAST shall be governed by Slovenian law and the customer hereto submits to the exclusive jurisdiction of the Slovenian courts.

INSTAGRAM GIVEAWAY (October 2017)

Utopiast Instagram giveaway is organized by U Studio, Sandra Gubenšek s.p., Ljubljanska cesta 32, 8311 Kostanjevica na Krki that runs utopiast online store.

The giveaway runs on utopiast_store Instagram feed from 10th to 13th October 2017. All natural persons of the age above 15 are authorised to participate. Participation is only possible for registered Instagram users from Europe.

In order to participate, participants need to follow these steps:
1. follow utopiast_store on Instagram,
2. in the comment section tag a friend the participant wants to share the prize with OR comment which of the notebooks they want to win.

Winners will be decided at random and announced on the 14th October on utopiast_store Instagram feed.

The prizes are:
1 x 2 planners (white and black stone) by Studio of basic design
2 x set of 2 notebooks (marble and concrete) by Studio of basic design
Prizes are neither transferable nor is a cash payout or exchange of win possible.

The users/participants declare their agreement to U studio storing their data. The data obtained is used only for generating and notifying winners and for internal marketing purposes. The participant data will not be used for any other advertising purposes or forwarded to third parties. The winners declare their agreement, in particular, to being mentioned on the utopiast website and/or utopiast Instagram page.

The Instagram page and its applications are built on Instagram technologies. When you use the Instagram page and its applications, data is automatically transferred to the Instagram server in the context of Instagram’s Usage and Data Protection Regulations. Beyond that, the pages of utopiast store are in no way connected with Instagram and are in no way sponsored, supported or organised by Instagram. The recipient of the information provided by the participant is not Instagram, but U Studio.

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