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Terms and conditions

This website shows our work but has no shop. You buy from us by writing to us. These terms apply to those purchases and to commissions.

This English version is a translation for your convenience. The German version is the one that applies.

1. Scope

  1. These terms and conditions apply to every contract for the purchase of goods or for a commission that you make with us by email, on Instagram, by phone or in person, whether you are a consumer or a business.
  2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB).
  3. A business is a natural or legal person, or a partnership with legal capacity, that enters into a legal transaction in the course of its trade, business or profession (§ 14 BGB).

2. Seller

Your contract is with:

1985 Studio
Owner: Michael Ilic
Schleißheimer Straße 257
80809 München
Germany
Email: ciao@1985.studio

3. How a contract is made

  1. The pieces on this website are not a binding offer. They are an invitation to ask us.
  2. When you ask, we send you an offer in text form, for example by email. It names the piece and your specification for it, the total price, the shipping costs, the payment methods and the expected delivery time. It tells you whether you have a right of withdrawal, and it refers to these terms.
  3. The contract is made when you accept our offer in text form, for example by email.

4. Delivery

  1. Shipping costs may be added to the price. We state them in the offer.
  2. We deliver by post or courier only. Collection is not possible.

5. Payment

  1. You pay by one of the payment methods named in the offer.
  2. The price is due within 14 days of the contract being made, unless the offer says otherwise.

6. Retention of title

The goods remain our property until they are paid for in full.

7. Damage in transit

  1. If goods arrive with obvious damage from transit, please report it to the carrier straight away if you can, and contact us promptly. If you do not, it has no effect on your statutory rights, in particular your warranty rights. But it helps us enforce our own claims against the carrier or the transport insurer.
  2. If you are a business, the risk of accidental loss or deterioration of the goods passes to you as soon as we hand them to the forwarder, the carrier or whoever else is to ship them. Between merchants, the duty to inspect and give notice of defects under § 377 HGB applies. If you do not give notice of a defect in time, the goods count as accepted, unless the defect could not be seen on inspection or we fraudulently concealed it.

8. Warranty

  1. Statutory liability for defects applies, unless stated otherwise below.
  2. Natural leather shows where it comes from: scars, creases, differences in grain and colour. It darkens and gains a patina with use, and stitching and edges done by hand differ a little from piece to piece. This is part of the usual quality of a handmade piece in natural leather and not a defect. Towards businesses, it is part of the agreed quality.
  3. If you are a business, claims for defects become time-barred one year after the risk passes to you. This does not apply to claims for damages for injury to life, body or health or for intentional or grossly negligent breach of duty, nor to defects we fraudulently concealed, nor to recourse under §§ 445a, 445b and 478 BGB.
  4. Towards businesses, the agreed quality of the goods is only what the offer states. We accept no liability towards them for public statements or advertising.
  5. If the goods are defective, towards businesses we first remedy the defect, at our choice by repairing it or by delivering goods free of defects.

9. Withdrawal and cancellation

  1. We make every piece after you order it, to your specification, for example to your measurements or with your initials stamped. If you are a consumer, you therefore have no right of withdrawal. There is none for contracts for goods that are not prefabricated and are made to the consumer’s individual choice or specification, or are clearly tailored to the consumer’s personal needs (§ 312g(2) no. 1 BGB). Our offer tells you this too.
  2. Until the piece is finished, you can cancel the contract at any time (§ 650(1) sentence 3 and § 648 BGB). We can then charge the agreed price, but we must deduct what we save in expenses by not finishing it, and what we earn, or in bad faith fail to earn, by using our working time elsewhere. The law presumes that, for the part of the work not yet done, we are owed 5 percent of the price that falls on it.
  3. If a contract is not covered by this exclusion after all, you have a statutory right of withdrawal as a consumer, including when you buy from us by email or on Instagram. The details are in the instructions on withdrawal below.

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (1985 Studio, Michael Ilic, Schleißheimer Straße 257, 80809 München, Germany, email: ciao@1985.studio) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

  • To 1985 Studio, Michael Ilic, Schleißheimer Straße 257, 80809 München, Germany, email: ciao@1985.studio:
  • I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
  • Ordered on (*)/received on (*)
  • Name of consumer(s)
  • Address of consumer(s)
  • Signature of consumer(s) (only if this form is notified on paper)
  • Date

(*) Delete as appropriate.

10. Liability

  1. We are liable without limit for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), and where we have given a guarantee.
  2. For slight negligence, we are liable only if we breach a duty whose fulfilment makes the proper performance of the contract possible in the first place and on which you may regularly rely (an essential duty). Our liability is then limited to the damage that was foreseeable and typical for this contract when it was made.
  3. Beyond this, we are not liable for damages or wasted expenses, whatever the legal basis. These limits also protect the people who work for us.
  4. Your rights to have a defect remedied, to rescind the contract or to a price reduction are not affected.

11. Privacy

How we handle your data is set out in the privacy policy.

12. Dispute resolution

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

13. Final provisions

  1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law applies only as far as it does not take away the protection of mandatory provisions of the country where you normally live.
  2. If any provision of these terms is or becomes invalid in whole or in part, the rest remain valid. The statutory provisions take the place of the invalid one.