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SECTION 0 - SCOPE, STRUCTURE AND WHICH TERMS APPLY TO YOU
1990 retro is a trading name of ANNAPOM SOLUTIONS LLC, a limited liability company formed under the laws of the State of New York, United States of America, registered with the New York Department of State, Division of Corporations under DOS ID 7414198. Our full identity and contact details are in Section 20 and in our Legal Notice.
These Terms of Service govern your access to and use of this website. They are not the sale contract. Where you place an order, the sale contract is governed by our Terms of Purchase, which set out order placement, prices, delivery, cancellation and returns. Our Privacy Policy, Refund Policy, Shipping Policy and Warranty Policy also apply and are incorporated by reference.
This document has three parts:
• Sections 1 to 20 are our general terms. They apply to every user of this website.
• Section 21 contains additional terms that apply to you if you are in the United States or in any country other than a Member State of the European Economic Area or the United Kingdom. Section 21 includes an agreement to resolve disputes by binding individual arbitration and a waiver of class actions and of trial by jury.
• Section 22 applies if you are a consumer habitually resident in the European Economic Area or the United Kingdom. Section 22 overrides anything in Sections 1 to 21 that conflicts with it, and Section 21 does not apply to you at all.
Order of precedence, highest first: (1) Section 22, where it applies to you; (2) the Terms of Purchase, in respect of any matter concerning a purchase; (3) Section 21, where it applies to you; (4) Sections 1 to 20; (5) our other posted policies.
Nothing in these Terms of Service limits or excludes any right you have under the mandatory consumer law of your country of habitual residence which cannot be limited or excluded by contract.
OVERVIEW
This website is operated by 1990 retro. Throughout the site, the terms “we”, “us” and “our” refer to 1990 retro. 1990 retro offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content may be transmitted over various networks and may be changed to conform and adapt to technical requirements of connecting networks or devices. Our website and checkout are served over an encrypted connection, and payment card information is encrypted in transit.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Intentionally providing inaccurate shipping and/or billing information is a violation of this Terms of Service.
For more details, please review our Refund Policy here.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall 1990 retro, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless 1990 retro and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of law principles, and, where applicable, by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Section 21.5 sets out the forum for disputes not subject to arbitration. Section 22.3 applies instead of this Section 18 where you are a consumer resident in the European Economic Area or the United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@1990retro.com.
Our contact information is posted below:
ANNAPOM SOLUTIONS LLC
d/b/a 1990 retro
295 Madison Avenue
FL 12 #1004
New York, NY 10017
USA
+1 646 389-6361
Registered with the New York Department of State, Division of Corporations
DOS ID: 7414198
SECTION 21 - ADDITIONAL TERMS FOR THE UNITED STATES AND THE REST OF THE WORLD
21.1 Who this section applies to. This Section 21 applies to you unless you are a consumer habitually resident in a Member State of the European Economic Area or in the United Kingdom, in which case Section 22 applies to you instead and this Section 21 does not apply to you in any respect.
21.2 Cap on our liability. In addition to and without limiting Section 13, our total aggregate liability to you for all claims arising out of or relating to these Terms of Service, the Service, the website or any product purchased from us, whether in contract, tort, strict liability, statute or otherwise, shall not exceed the greater of (a) the total amount you actually paid to us for the product or Service giving rise to the claim in the twelve (12) months preceding the event on which the claim is based, or (b) one hundred United States dollars (USD 100). This limitation applies even if a limited remedy is found to have failed of its essential purpose. Some jurisdictions do not allow certain limitations, and in those jurisdictions our liability is limited to the greatest extent permitted by law.
21.3 Time limit for bringing a claim. Any claim or cause of action arising out of or relating to these Terms of Service, the Service, the website or any product purchased from us must be commenced within one (1) year after the claim or cause of action accrues, or it is permanently barred. Where the law of your jurisdiction does not permit a contractual shortening of the limitation period, this clause does not apply to you.
21.4 AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER. PLEASE READ THIS CLAUSE CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND LIMITS HOW CLAIMS BETWEEN US CAN BE BROUGHT.
(a) Informal resolution first. Before commencing arbitration, you agree to send a written notice of dispute to hello@1990retro.com or to the address in Section 20, describing the claim and the relief sought, and to allow us sixty (60) days to resolve it. We will do the same before commencing any claim against you.
(b) Binding individual arbitration. Any dispute, claim or controversy arising out of or relating to these Terms of Service, the Service, the website, any product purchased from us, or the relationship between us, including the validity, enforceability or scope of this clause, that is not resolved under paragraph (a), shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and not in court. The Federal Arbitration Act governs this clause. Judgment on the award may be entered in any court of competent jurisdiction. The arbitration shall be conducted in the English language, by a single arbitrator, and, unless we agree otherwise, by documents only, by telephone or by videoconference, or in person in New York County, New York, or in the county of your residence, at your election.
(c) Class action and representative action waiver. YOU AND WE EACH AGREE THAT ANY PROCEEDING WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person, may not preside over any form of class or representative proceeding, and may award relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
(d) Effect if the waiver is unenforceable. If paragraph (c) is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief, and only that claim or request for relief, shall be severed from the arbitration and brought in a court identified in clause 21.5, and the remainder of this clause 21.4 shall continue to apply to all other claims.
(e) Coordinated filings. If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against us by or with the assistance of the same law firm or coordinated group within a period of ninety (90) days, the demands shall be administered in sequential batches of no more than fifty (50) at a time, with the parties selecting the batches and a single arbitrator appointed for each batch, and the limitation periods for all remaining demands shall be tolled until their batch is reached.
(f) Exceptions. Either party may bring an individual action in small claims court for any claim within that court's jurisdiction, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent unauthorised access to the Service.
(g) Your right to opt out. You may opt out of this clause 21.4 by sending written notice to hello@1990retro.com, with the subject line “Arbitration Opt-Out”, stating your name, the email address used for your order, and your intention to opt out, within thirty (30) days of your first purchase from us or of your first acceptance of these Terms of Service, whichever is earlier. Opting out affects no other part of these Terms of Service and will not affect your relationship with us in any other way.
21.5 Forum, and waiver of jury trial. For any dispute not subject to arbitration under clause 21.4, or if clause 21.4 is held unenforceable in whole, you and we submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and waive any objection to venue or to the convenience of that forum. TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY SUCH PROCEEDING.
21.6 Electronic communications and signatures. You consent to receive communications from us electronically, by email or by posting to this website, and you agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that they be in writing. You agree that your electronic acceptance of these Terms of Service, and your placing of an order, constitute your signature for the purposes of the Electronic Signatures in Global and National Commerce Act and any equivalent law.
21.7 Export control and sanctions. You represent that you are not located in, under the control of, or a national or resident of any country subject to comprehensive sanctions administered by the United States, and that you are not identified on any list of restricted or denied parties maintained by the United States or any other applicable authority. You agree not to export or re-export any product purchased from us in violation of any applicable law.
21.8 Assignment. We may assign, transfer or delegate these Terms of Service and any of our rights or obligations under them, in whole or in part, without your consent, including in connection with a merger, acquisition or sale of assets. You may not assign or transfer these Terms of Service or any right under them without our prior written consent, and any attempted assignment without that consent is void.
21.9 Force majeure. We are not liable for any delay in or failure of performance caused by circumstances beyond our reasonable control, including acts of God, fire, flood, epidemic or pandemic, war, terrorism, civil disturbance, labour dispute, act of government, failure of a carrier, customs delay, failure of a supplier or manufacturer, failure of a telecommunications or hosting provider, or interruption of internet service.
21.10 Notices. Notices to you may be given by email to the address associated with your order or account, or by posting to this website. Notices to us must be given in writing to hello@1990retro.com or to the postal address in Section 20, and are effective on receipt.
21.11 Survival; no third-party beneficiaries. Sections 9, 13, 14, 15, 17, 18 and this Section 21 survive any termination or expiry of these Terms of Service. Except for the persons named as indemnified parties in Section 14 and the persons named in Section 13, these Terms of Service confer no right or benefit on any third party.
21.12 Notice to California residents. Under California Civil Code section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
SECTION 22 - ADDITIONAL AND OVERRIDING TERMS FOR CONSUMERS IN THE EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM
22.1 Who this section applies to, and its effect. This Section 22 applies where you are a consumer — a natural person acting wholly or mainly outside your trade, business, craft or profession — who is habitually resident in a Member State of the European Economic Area or in the United Kingdom.
Section 21 does not apply to you in any respect. Where any provision of Sections 1 to 21 conflicts with this Section 22, this Section 22 prevails and the conflicting provision does not apply to you. Where the mandatory consumer law of your country of habitual residence gives you protection beyond this Section 22, that protection applies and nothing in these Terms of Service limits it.
22.2 Relationship to our other documents. These Terms of Service govern your use of this website. The contract for the sale of goods to you is governed by our Terms of Purchase, which contain the information we are required to give you before you place an order, including the total price, delivery arrangements, your right to withdraw from the contract, and the legal guarantee of conformity. Where any matter concerning a purchase is dealt with both here and in the Terms of Purchase, the Terms of Purchase prevail. Our Refund Policy, Shipping Policy, Warranty Policy and Privacy Policy apply in addition; the Privacy Policy sets out how we process personal data, our international transfer safeguards, your rights, and the contact details of our representatives in the European Union and the United Kingdom.
22.3 Governing law and competent courts. The choice of New York law in Section 18 does not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence which cannot be derogated from by agreement. To that extent, the law of your country of habitual residence applies.
You may bring proceedings against us either in the courts of the place where you are domiciled or in the courts of our place of establishment. We may bring proceedings against you only in the courts of the place where you are domiciled. Nothing in these Terms of Service restricts your right to bring or defend proceedings, or to complain to the consumer protection authority of your country.
22.4 No arbitration, no class action waiver, no jury waiver. Clauses 21.4 and 21.5 do not apply to you. You are not required to arbitrate any dispute with us, you do not waive any right to participate in collective redress available to you under the law of your country, including proceedings under Directive (EU) 2020/1828 on representative actions, and you do not waive any right of access to the courts identified in clause 22.3.
22.5 No contractual time bar. Clause 21.3 does not apply to you. The limitation and prescription periods laid down by the law applicable to you govern the time within which you may bring a claim, including the periods applicable to the legal guarantee of conformity.
22.6 Legal guarantee of conformity. We are liable to you by law if the goods we deliver do not conform to the contract. This liability lasts at least two years from delivery in the European Economic Area, and applies for at least the equivalent statutory period in the United Kingdom, where your rights under the Consumer Rights Act 2015 include that the goods be of satisfactory quality, fit for purpose, as described, and that we have the right to supply them. Where a defect appears within one year of delivery, it is presumed to have existed at delivery unless we prove otherwise.
Sections 3, 5 and 13 do not exclude, limit or qualify this liability in any way. In particular, the statements that information on the site is provided “for general information only”, that reliance is “at your own risk”, that we do not warrant that product quality “will meet your expectations”, and that goods are supplied “as is” and “as available” without implied warranties of merchantability, quality, fitness for purpose, durability or title, do not apply to goods sold to you. Information we give about a product before you order, including its description, quantity, functionality and compatibility, forms part of the contract, and we are liable if the goods do not correspond to it. Our Warranty Policy sets out how to make a claim.
22.7 Right of withdrawal. You have a right to withdraw from a distance contract within 14 days, without giving any reason, subject to the statutory exceptions. The full information, the conditions, the time limits, the procedure for exercising the right, and the model withdrawal form are set out in our Terms of Purchase and are also provided to you in durable form with your shipping confirmation.
The words in Section 5 that goods are “subject to return or exchange only according to our Refund Policy” do not restrict this statutory right, and no provision of our Refund Policy applies to the extent that it would.
22.8 Prices are fixed once you order. The total price shown to you at the moment you place your order, including taxes and all delivery and other charges, is the price that applies to that order. Section 4 permits us to change prices only for future orders. We will not increase the price of goods after your order has been accepted, and we will not require any additional payment for an order we have accepted.
22.9 Refusal of service and of orders; no discrimination on grounds of nationality or residence. The discretion reserved in Sections 2, 5 and 6 to refuse service or to refuse, limit or cancel orders is not exercised on grounds of your nationality, your place of residence or your place of establishment, and is subject to Regulation (EU) 2018/302 on unjustified geo-blocking and to applicable equal treatment law.
Once we have accepted your order and the contract is concluded, we may cancel it only where the goods are genuinely unavailable, where we are prevented by law, where the order was placed fraudulently or for resale, or where a manifest error applies under clause 22.10. In every such case we notify you without undue delay and refund every sum you have paid in full, within 14 days, using the same means of payment you used.
22.10 Errors. Where a price or product description on the site is manifestly incorrect, we may rely on the law of mistake applicable to the contract and, in that case, we will notify you before dispatch, give you the option to reconfirm at the correct price or to cancel, and refund in full if you cancel or if we do. Section 11 does not otherwise give us a right to change the terms of, or to cancel, a contract already concluded with you.
22.11 Our liability to you. Section 7, Section 13 and clause 21.2 do not apply to the extent that they would exclude or limit our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; intent or gross negligence; breach of the legal guarantee of conformity described in clause 22.6; defective products, under Directive 85/374/EEC as replaced by Directive (EU) 2024/2853, or under the Consumer Protection Act 1987 in the United Kingdom; breach of any obligation in relation to which liability cannot lawfully be excluded or limited; or, in the United Kingdom, the terms implied by sections 9 to 17 of the Consumer Rights Act 2015. No monetary cap applies to those liabilities.
Subject to the above, we are liable for loss or damage you suffer that is a foreseeable result of our breaking this contract or failing to use reasonable care and skill. We are not liable for loss or damage that is not foreseeable.
22.12 Indemnity. Section 14 does not apply to you. Where you are a consumer, your liability to us is governed by the general law and is not extended by contract.
22.13 Interpretation, and information given before the contract. The sentence in Section 17 providing that ambiguities shall not be construed against the drafting party does not apply. Where there is doubt about the meaning of any term, the interpretation most favourable to you prevails.
The entire agreement provision in Section 17 does not exclude or limit our liability for statements or information we gave you before the contract was concluded, whether in the product listing, in the checkout, or in any communication with you. Any term of these Terms of Service that is unfair within the meaning of Directive 93/13/EEC or Part 2 of the Consumer Rights Act 2015 is not binding on you, and the remainder of these Terms of Service continues to apply.
22.14 Changes to these terms. The version of these Terms of Service and of the Terms of Purchase in force at the moment you placed your order governs that order. Changes we publish later do not apply to a contract already concluded with you.
Changes to the terms governing your use of the website take effect only for the future. Where a change is material and you hold an account with us, we will notify you by email before it takes effect. Contrary to Section 19 and to the Overview, your continued use of the website is not treated as acceptance of any change that would alter a contract already concluded, or that would reduce a right you hold by law.
22.15 Your submissions and reviews. The licence you grant us in Section 9 is limited to use for the purpose for which you submitted the material and for the operation and promotion of our business, and does not affect any moral right in the material which cannot be waived under the law applicable to you. We do not present consumer reviews as verified unless we state how we verify that the review comes from a consumer who has actually bought or used the product. Where your submission contains personal data, you may withdraw your consent, or ask us to erase or rectify it, in accordance with our Privacy Policy, and Section 9 does not override that.
22.16 Termination. Termination under Section 16 does not affect your right to withdraw from a contract already concluded, your rights under the legal guarantee of conformity in respect of goods already delivered to you, or any claim you have already acquired. Where we terminate your access to the website, we will still perform any order we have already accepted, or refund it in full.
22.17 Complaints and dispute resolution. Please send any complaint to hello@1990retro.com or to the postal address in Section 20. We will acknowledge your complaint and respond substantively without undue delay and in any event within 14 days.
We are not obliged to participate, and do not participate, in dispute resolution proceedings before a consumer arbitration board or other alternative dispute resolution body. This statement is made in particular for the purposes of section 36 of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz). Your statutory rights, your right to bring proceedings under clause 22.3, and your right to complain to the consumer protection authority or consumer ombudsman of your country are unaffected. The European Commission's online dispute resolution platform ceased operation on 20 July 2025, and no link to it is provided.
22.18 Language of the contract. The contract is concluded in the language in which you completed your order on this website. Where we have provided a translation of these Terms of Service or of the Terms of Purchase, the translation in the language in which you placed your order is the version that governs your contract.
22.19 No derogation. Nothing in these Terms of Service, in our other policies, or in any communication from us, excludes or limits any right you have under the consumer protection law of your country of habitual residence which cannot be excluded or limited by agreement. Where any provision of these Terms of Service would have that effect, it does not apply to you and the rest of these Terms of Service continues in force.