Fashion Energy S.r.l., with registered office at Via A. Zezon, 4 Milan (MI), VAT number 07843800967, (hereinafter “1stAmerican”) has created and manages the website www.1stAmerican.it, through which it is authorized to sell its clothing and fashion accessory products (hereinafter the “Products”) to users who visit the site (hereinafter “Users”).
For any complaints regarding orders placed, purchases made and/or Products purchased, Users can contact customer service.

The website www.1stAmerican.it (hereinafter the “Site”) is an e-commerce site accessible via the Internet at the address www.1stAmerican.it
The Site is accessible to all internet users (hereinafter, “Internet Users”). Within these General Terms and Conditions of Sale (hereinafter “GTC”), the term “Parties” refers jointly to Users and 1stAmerican, and the term “Party” refers to either one separately. The term “Buyer” refers to all Users who have placed an order for the purchase of Products with delivery exclusively within Italian territory. The same rights and obligations provided for Users under the GTC will apply to the Buyer.
The sale of Products through the Site is intended solely for the personal use of Users and not for their professional activities.
Orders with delivery address to a post office box cannot be processed.
Users who wish to purchase on the Site, aware of civil and criminal liability in case of false declarations, declare that they have full legal capacity and are of legal age under Italian law.
Every purchase order for Products offered on the Site implies consultation and express acceptance of the GTC, without such acceptance being conditional on the User’s handwritten signature.
In accordance with articles 1321, 1322, 1326, 1335 of the Civil Code, Legislative Decree no. 21/2014, Legislative Decree no. 185/99, implementing directive 97/7/EC, and Presidential Decree 513/97, the completion and submission of the order form, referred to in the following art. 5 “Order placement and confirmation procedures”, constitutes for all legal purposes a sales contract between 1stAmerican and the Site User, from which mutual rights and obligations arise governed by civil law, arising from the online sale of Products and from the relationships that the Parties establish on the Internet and exclusively on the Site.
Users can save and print the GTC, provided they do not make any modifications to them.
The GTC define all the steps necessary to place an order, as described in article 4 “Order placement and confirmation procedures” and ensure the execution of said order between the Parties.
The applicable GTC can be consulted at any time by clicking on the appropriate link.
1stAmerican may update the GTC at any time.
These GTC will apply to the exclusion of any other document.

The Products offered for sale by 1stAmerican are those listed on the Site at the date of consultation by Users, within the limits of stock availability.
The photographs illustrating the Products are not part of this contractual scope; therefore 1stAmerican cannot be held responsible for any errors and/or discrepancies.
Despite the commitment to ensure faithful reproduction of the colors of the Products shown in the photos published on the Site compared to the original ones, discrepancies cannot be excluded, particularly due to technical limitations in computer color reproduction. Consequently, 1stAmerican cannot be held responsible for errors and/or inaccuracies in the graphic and photographic reproduction of Products on the Site.

Product availability.
Products are offered within the limits of available stock. In case of unavailability of one of the Products, the Buyer will be informed promptly.
The communication may be notified:
– At the time of order creation: a window is displayed indicating that the desired Product is temporarily unavailable.
– After order confirmation: before delivery, via email or by phone.
If product unavailability is contested after order confirmation, the Buyer will have the option to cancel their order requesting a refund of the amounts paid for unavailable products within 14 (fourteen) days of their withdrawal or replacement of the unavailable Product(s) via email.
1stAmerican disclaims any responsibility in case of stock depletion or Product unavailability.
When the Site User places an order, they can view all Products available for online purchase.
Retention of title
Ordered products remain the property of 1stAmerican until full payment of the price by the latter and when the Products are delivered and physically received by the Buyer. In case of payment irregularities, the Buyer undertakes to return the received products to 1stAmerican upon first request. In return, on the actual delivery date, the risks (specifically related to loss, theft or damage) regarding the delivered products are borne by the Buyer.

Prices
Product prices are indicated in Euros and include VAT applicable at the order date.
The price charged to the Buyer is the price stated on the Order Confirmation sent via email by 1stAmerican.
The established price includes packaging costs, which are free for Users, but not shipping costs which remain the Buyer’s responsibility, as well as those for delivery different from that normally guaranteed, except for any promotions regarding free shipping.
1stAmerican reserves the right, which the User accepts, to modify the prices published on the Site at any time. In any case, the price of Products, subject to availability, will be charged based on the rates indicated at the time of order registration. The rate in effect will be that indicated on the Site, except in case of errors in Product prices, in which case 1stAmerican will promptly inform the Buyer and give them the option to reconfirm their order at the correct amount or cancel it; in case of non-reconfirmation, the order will be canceled and the entire amount paid will be refunded to the Buyer.
Payments
All payments must be made immediately on the Internet. Unless the server is unavailable, Site Users can pay via PayPal or accepted credit cards.

Site Users must enter:
– card number,
– expiration date,
– 3-digit security code on the back of the card (Visa and Mastercard only) and 4 digits for American Express.
To prevent and reduce risks of unauthorized access, card data will be encrypted. Once the Order is received, 1stAmerican will perform a pre-authorization on the user’s credit card to ensure they have sufficient funds to complete the transaction. The charge to the user’s card will be made when the Order leaves 1stAmerican’s warehouses.
If the chosen payment method is PayPal, the amount related to the Order is charged to the PayPal account at the time of order acquisition.
In accordance with current regulations, every purchase made through the website will be subject to Value Added Tax (VAT), in accordance with current Italian legislation and Chapter I of Title V of Council Directive 2006/112/EC of November 28, 2006, relating to the common system of value added tax (VAT), whereby deliveries are considered to be located in the Member State shown in the delivery address of the items, with the applicable VAT being that legally in force in each Member State of destination of the items delivered in each order.

Site Navigation
Users can view and choose the various Products sold by 1stAmerican at the following address: www.1stAmerican.it. Users can browse the various pages of the Site for free, without any purchase obligation.
Placing an Order
If a User wishes to place a purchase order, they must choose the various Products of interest by clicking the “add to cart” button.
Each new Product added to the cart will be indicated through a specific window.
Site Users can at any time:
– view a summary of selected Products or modify the order by clicking the “Cart” button, located at the top right of each page,
– continue selecting Products by clicking “Continue shopping”,
– complete the Product selection and place the order by clicking “Buy now”.
To order the selected Products, Users must click the “Cart” button.
A summary of the order will appear on screen. If the list that appears corresponds to the chosen Products, Users must validate their choice by clicking the “Buy now” button.
The User must identify themselves: by entering their email and password, if already registered on the Site; otherwise they must/can register or place their order without registering on the Site. The User is aware and accepts that entering their username constitutes proof of their identity and consent.
In case of new registration, the User commits to complete the registration form provided in good faith and acknowledges that the data communicated and registered on 1stAmerican’s information sites are accurate and serve as proof of their identity.
To complete the order, the User must proceed through all the steps listed in this paragraph.
The user, by using this website and/or placing orders through it, agrees to use the website only to make valid consultations or orders and not to place false or fraudulent orders which will therefore be subject to cancellation by 1stAmerican.
Final Order Validation
The User must click the “I Accept the General Terms and Conditions of Sale” box before proceeding to choose the payment method.
Users are invited to enter credit card details or log in to their PayPal account.
Orders are validated after entering card information or authorizing the request through your PayPal account.
Through acceptance, even partial, of the order by 1stAmerican, the contract between the latter and the User/Buyer will be considered finalized. 1stAmerican reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit, unless otherwise communicated to the User in any manner.
Any right of the User to compensation for damages or indemnification is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by non-acceptance, even partial, of an order.

Order Confirmation
Once the Buyer has validated their order and given payment instructions, a summary window will appear showing the transaction number, order receipt confirmation (hereinafter the “Order Confirmation”) and confirmation that it is being shipped (hereinafter the “Shipping Confirmation”). This confirmation will also be sent to the Buyer in the order confirmation sent by email. The aforementioned confirmation will include all the constituent elements of the contract between the Parties, including the requested Products, payment arrangements, delivery arrangements, and the address of 1stAmerican’s headquarters to which any complaints should be sent, as per article 1 of these General Terms and Conditions. In any case, it is recommended to keep a copy (electronic or paper) of the information concerning the order.
The data recorded and collected on the Site constitutes full proof of all transactions concluded between the Buyer and 1stAmerican. In case of dispute between 1stAmerican and the Buyer regarding a transaction executed on the Site, the data recorded by 1stAmerican will constitute full proof of the contents and the transaction.
1stAmerican keeps a copy of the contract stipulated between 1stAmerican and the Buyer in electronic form, for a period from the conclusion of the contract to the delivery date of the goods and for ten subsequent years. The Buyer is authorized to access this written copy at any time, by sending an email to: shop@1stamerican.it or contacting customer service, always attaching proof of identity.

Delivery Methods and Times
Orders are sent within the timeframe indicated in the Order Confirmation and, in any case, at the latest within thirty (30) working days from the day following receipt of the Order Confirmation email.
Products ordered by a Buyer will be delivered to the address declared on the order form. In case of the Buyer’s absence, the Products subject to the order will be sent to the warehouse chosen by 1stAmerican and a notice will be left for the Buyer specifying the location where the products from their order are located and the methods for arranging a new delivery.
If delivery cannot take place for reasons not attributable to 1stAmerican after 15 days from the date the order is available for delivery, the Contract will be considered terminated and the Buyer will promptly receive a refund of all amounts paid, including delivery costs (excluding any additional costs arising from choosing a delivery method different from the ordinary method and except additional transport costs arising from Contract termination) and, in any case, within 14 days from the Contract termination date.
Please note that deliveries are not made on Saturdays, Sundays and holidays and that delivery will be considered completed through the acquisition, by the Buyer or a third party indicated by them, of material availability of the products, which will be proven by signing the order receipt at the agreed shipping address.
Delivery Problems
In case of delivery delay, the Buyer must inform customer service as soon as possible, by writing an email to: shop@1stamerican.it.
1stAmerican commits to contacting the shipping company for verification. The duration of the verification cannot be predicted.
In case of non-compliance with delivery terms or any extension granted, the Buyer retains the right to terminate this contract pursuant to Article 61 of Legislative Decree no. 21/2014, with consequent refund of all expenses, provided that 1stAmerican will inform the Buyer in advance of any delay to confirm their willingness to accept the delay and postpone delivery.
Furthermore, shipping risks are borne by the Buyer, as well as those related to loss or damage of Products from the moment they take physical possession.
After receiving the ordered Products, the Buyer must verify that the Products match those ordered. To check for any detectable issues (missing or damaged products, damaged packaging, tears, etc.), the User may accept the Products with verification reserve and, if such issues are confirmed, they must be reported within 24 hours by the Buyer on the form sent with the order and must be communicated to customer service by sending an email to: shop@1stamerican.it, specifying which product had issues. All complaints not reported or sent after 24 hours from product delivery will be rejected and 1stAmerican will not assume responsibility.
1stAmerican will not be held responsible in case of loss, delivery to an incorrect address, or delayed delivery of a Product, as the risks related to the shipping method chosen by the Buyer are their responsibility.
It is mandatory to provide personal data related to delivery, as they are necessary to process and send orders, as well as to prepare the invoice. Such personal data is strictly confidential. Failure to provide this personal information makes it impossible to process the order.

In full compliance with Article 49, paragraph 1), letter h) of Legislative Decree no. 21/2014, the Buyer has 14 (fourteen) working days to return Products at their own expense if they are not satisfied, and to keep the Products until then. This period starts from the day of order delivery.
In case of verified violation of Article 49, paragraph 1), letter h) of Legislative Decree no. 21/2014, pursuant to Article 53 of the referenced Legislative Decree, the withdrawal period guaranteed to the Buyer will be extended to twelve months following the initial withdrawal period. 1stAmerican may provide the Buyer with the information referred to in Article 49 within twelve months from the verified violation, and the right of withdrawal will end fourteen days after the day the Buyer receives such information.
In case of purchasing multiple Products delivered at different times, the above period will start from the receipt of the last item of the Purchase Order.
This withdrawal notice can be sent by registered mail, or by following the instructions on www.1stAmerican.it and completing the online procedure.
The withdrawal period begins on the day of order receipt and ends after 14 (fourteen) working days from when the Buyer receives the order. In case of withdrawal, only the price of returned products will be refunded to the Buyer.
The right of withdrawal can only be exercised by the Buyer and not by third parties.

The direct costs of returning products, namely the shipping expenses related to their return, will be borne by the user who, before confirming the withdrawal request, is shown the shipping cost and the courier to use for returns in the “Shipping and Returns” section.
If the Buyer claims non-recognition of the right of withdrawal by 1stAmerican due to non-receipt of the withdrawal communication, the burden of proof lies with the Buyer to demonstrate compliance.
Exclusions from the right of withdrawal
According to Article 59 of Legislative Decree 21/2014, the right of withdrawal in this article is excluded for:
-Express waiver by the Buyer;
-Purchases of customized Products made by 1stAmerican according to User specifications;
-Purchases of Products combined with others for special occasions.
Products that do not satisfy the Buyer
If a Buyer exercises the right of withdrawal, the Product(s) must be returned in their original form and packaging, complete and accompanied by the courier’s delivery note slip. The Buyer will bear the shipping costs for returning Products, except for non-conforming ones.
1stAmerican will not accept product shipments with charges billed to the recipient.
The Buyer assumes all reasonable risks associated with returning the Products.
If the above conditions are met, 1stAmerican will refund the Buyer within a maximum of 14 (fourteen) working days from the day it is informed of the consumer’s decision to withdraw, for an amount corresponding to the purchased Products.
The Buyer will only be responsible for the decrease in value of goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Products.
1stAmerican will process the refund using the same payment method used by the Buyer for the initial transaction, unless otherwise agreed.
1stAmerican is not required to reimburse additional costs if the Buyer expressly chose a type of delivery different from the least expensive delivery offered by 1stAmerican.
No refund will be processed: (a) if the product has been used beyond simple opening; (b) for products that are not in the same condition as when delivered and/or have been damaged and/or are not intact and in normal condition and/or do not have their identification tag.
1stAmerican, within 14 (fourteen) working days, may withhold the refund until the Buyer has received the goods or has proven to have shipped the goods.
Non-conforming Products
Non-conforming Products are those sent in error by 1stAmerican or those with flaws or defects.
If the Buyer believes that at the time of delivery the Product does not conform to what was specified in the Contract, they must contact 1stAmerican within 24 hours of receiving the goods. 1stAmerican will examine the returned product and communicate via email if it will proceed with the refund. The refund will be processed within 14 days from the date of sending the email confirming the refund of the unsuitable item. The direct costs of returning the goods will be borne by the Buyer, while the amount paid for products returned due to damage or defect, if verified by 1stAmerican, will be fully refunded, including delivery costs incurred for sending them.

The Legal Warranty of conformity is governed by Articles 128 and following of the Consumer Code in favor of consumers who purchase products for personal use (i.e., for purposes unrelated to their professional or business activity) that show conformity defects. A conformity defect, subject to Legal Warranty of conformity, exists when the purchased product is defective or doesn’t allow for the use to which goods of the same type are normally put, or is a product that doesn’t conform to the seller’s description.
The Legal Warranty of conformity does not cover product defects resulting from normal wear and tear, abnormal or improper use, accidental events (e.g., dropping, washing) and those intentionally caused to the product, nor does it cover defects resulting from repairs carried out by unauthorized methods or centers.
In the event of a lack of conformity existing at the time of product delivery:
As a primary remedy, the Buyer has the right to restore the product’s conformity, free of charge, through repair or replacement. The Buyer can choose to request 1stAmerican to either repair or replace the item, unless the requested remedy is objectively impossible or excessively costly compared to the alternative. Repairs or replacements must be completed within a reasonable time from the request.
As a secondary remedy (if the first two remedies are impossible or excessively costly, or haven’t been completed within reasonable time, or are inconvenient), the Buyer may choose to request either a reasonable price reduction, taking into account the product’s usage, or contract termination.
Any additional conventional warranties provided by the manufacturer or retailer, beyond the Legal warranty of conformity, neither replace nor limit the rights derived from the legal warranty of conformity.
The legal warranty of conformity covers conformity defects that appear within two years from the delivery of the purchased product, provided these defects are reported by the consumer within two months from their discovery and the Buyer has proof of purchase (tax receipt or detailed receipt) with explicit indication of the Product.

Neither Party shall be liable for total or partial failure to perform or for delays in performing their obligations under this contract caused by an event that cannot be prevented (hereinafter defined as “Force Majeure”).
Force Majeure events may include, but are not limited to, wars, riots, insurrections, serious Internet security disruptions, technical failures, unauthorized access and/or intrusions into website servers, strikes of any form, IT or telephone system failures.
If a Party believes that a Force Majeure event has occurred, they must inform the other party within 5 working days of the occurrence or risk of such occurrence.
The Parties agree to meet to jointly determine the terms and conditions for processing orders during a Force Majeure event.
After 1 (one) month of interruption due to a Force Majeure event, 1stAmerican may choose to cancel orders and refund the Buyer, where applicable.

Providing personal information collected during distance selling is mandatory, as this information is necessary for order processing and delivery, as well as for invoice issuance. This information is strictly confidential. Failure to provide it results in automatic order rejection.
In accordance with Law No. 78-17 of January 6, 1978, regarding computing, files, and freedoms, the processing of personal information collected on the Site has been declared to the National Commission for Computing and Freedoms. Users have the right to access, modify, correct, and delete their personal data. To exercise this right, Users should send an email to: shop@1stamerican.it
The buyer can therefore make informed choices about the personal information they have provided to the Site.

If one or more clauses of the Terms and Conditions are deemed invalid or declared as such under law, regulation, or by final court decision, all other clauses will remain fully valid.

These Terms and Conditions and the entire summary sent to the Buyer form an integral part of the contractual relationship between the Parties.
In case of discrepancy between these documents, the Terms and Conditions shall prevail.

Italian law applies to these Terms and Conditions and the contractual relationships between 1stAmerican and the Buyer. For any dispute that may arise regarding the interpretation and/or execution of this contract, the Court of Milan shall have exclusive jurisdiction.

While 1stAmerican in any case does not perform processing operations other than those expressly authorized and/or requested by each User, this privacy notice may be modified to comply with new legal provisions or changes in 1stAmerican’s data processing policies. Each updated version of this notice will be made available on the Site in the dedicated section: 1stAmerican therefore invites all Users to periodically check the Site to stay informed about the latest uploaded version.