SUBDUED

TERMS AND CONDITIONS OF USE

United States

Effective Date: January 1, 2026    |    Last Updated: June 2026

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING ANY PRODUCTS. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, PLEASE STOP USING THE WEBSITE IMMEDIATELY.

 

1. Introduction and Acceptance of Terms

These Terms and Conditions of Use ("Terms") govern your access to and use of the Subdued website located at www.subdued.com (the "Website"), our mobile application (the "App"), and any related services (collectively, the "Services"), operated by OSIT Impresa S.p.A. ("Subdued," "we," "us," or "our").

By accessing or using the Website, you represent that you are at least 18 years of age (or the age of majority in your state of residence, if older), have the legal capacity to enter into a binding agreement, and agree to be bound by these Terms. If you are accessing the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

These Terms apply to all visitors, registered users, and purchasers. Use of the Services for commercial, trade, or professional purposes unrelated to your personal shopping is not permitted without our prior written consent.

2. Changes to These Terms

We reserve the right to modify or update these Terms at any time. When we make changes, we will post the revised Terms on the Website with an updated effective date. For material changes, we may provide additional notice (such as a banner on the homepage or an email notification to registered users).

Your continued use of the Services after revised Terms are posted constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.

3. Use of the Website

Permitted Use

You may use the Website only for lawful, personal, non-commercial purposes. You agree not to:

• Use the Website in any way that violates applicable federal, state, or local laws or regulations.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its content without our express written permission.
• Use any automated tools, bots, scrapers, or similar technology to access, copy, or index the Website or its content.
• Introduce viruses, malware, or other harmful code to the Website.
• Attempt to gain unauthorized access to any part of the Website, its servers, or any systems connected to it.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Engage in any conduct that restricts or inhibits any other user's enjoyment of the Website.

Account Registration

To access certain features, including purchasing products and managing orders, you may need to register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at infosubduedshop@subdued.com if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to suspend or terminate your account if we believe it has been used in violation of these Terms or applicable law.

Accuracy of Information

We strive to ensure that information on the Website, including product descriptions, pricing, and availability, is accurate. However, errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. If a product is listed at an incorrect price due to a typographical error or other error, we reserve the right to cancel any orders placed at that incorrect price.

4. Purchases and Orders

Order Process

By placing an order on our Website, you are making an offer to purchase the selected products. We reserve the right to accept or decline your order at our discretion. Your order is confirmed when you receive a written order confirmation from us by email. If we are unable to fulfill your order, we will notify you promptly and issue a full refund for any payment made.

Pricing and Payment

All prices on the Website are displayed in US dollars (USD) and are subject to change without notice. Prices do not include taxes or shipping fees, which will be calculated and displayed at checkout.

Payment is processed through our authorized payment service providers. By submitting your payment information, you represent that you are authorized to use the payment method provided. Subdued does not store full credit card numbers; payment card data is handled directly by our payment processors.

We reserve the right to verify your identity and the legitimacy of your payment. We may refuse or cancel an order if we suspect fraudulent activity.

Sales Tax

Sales tax will be calculated and collected at checkout based on the applicable rates for your shipping address and the items purchased, in compliance with applicable state and local tax laws.

Availability

All products are subject to availability. We cannot guarantee that any particular product will be in stock at the time of your order. If a product you ordered is unavailable, we will notify you and offer a refund or the option to wait for restock where applicable.

5. Shipping and Delivery

Shipping options, estimated delivery times, and associated costs are displayed at checkout. Estimated delivery times are provided by our shipping carriers and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs, or events outside our control.

Risk of loss and title for products purchased from our Website pass to you upon delivery to the shipping carrier. If your order is lost or damaged in transit, please contact us at ordini@subdued.com and we will work with you to resolve the issue.

6. Returns and Refunds

Our return and refund policy is set out separately and incorporated into these Terms by reference. Please review our Return Policy available on our Website for details on eligible returns, timeframes, and the refund process.

In general, we accept returns of unworn, unwashed, unaltered items in their original condition with tags attached within the timeframe specified in our Return Policy. Certain items may be excluded from returns (such as final sale items). If you wish to initiate a return, please contact us at ordini@subdued.com.

7. Intellectual Property Rights

All content on the Website — including but not limited to text, graphics, logos, photographs, images, videos, audio clips, digital downloads, software, website design, color schemes, layout, methods, and processes — is owned by OSIT Impresa S.p.A. or its licensors and is protected by US and international copyright, trademark, trade dress, and other intellectual property laws.

"Subdued" and the Subdued logo are trademarks of OSIT Impresa S.p.A.. You may not use these trademarks without our prior written consent.

You may view, download, and print content from the Website solely for your personal, non-commercial use, provided that you do not modify the content, remove any copyright or proprietary notices, and do not use the content in any way that suggests Subdued’s endorsement of your products or services.

Any other use of Website content — including reproduction, distribution, transmission, display, publication, or modification — requires our express written permission. Unauthorized use may violate copyright, trademark, and other applicable laws.

8. User-Submitted Content

If you submit, post, or otherwise make available any content on the Website (including reviews, comments, photos, or other materials), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content worldwide in any media.

You represent and warrant that you own or have the right to submit such content, and that the content does not infringe any third-party intellectual property rights, privacy rights, or any applicable laws. We reserve the right to remove any user-submitted content at our discretion.

9. Links to Third-Party Websites

The Website may contain links to third-party websites that are not operated or controlled by us. These links are provided for your convenience only. We do not endorse, control, or monitor the content, privacy practices, or terms of any third-party websites, and we are not responsible for their content or practices.

Your use of third-party websites is at your own risk and is subject to those websites' terms and conditions and privacy policies.

10. Disclaimers and Limitation of Liability

Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any information on the Website.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OSIT IMPRESA S.P.A. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for any claim arising from or related to these Terms or your use of the Website shall not exceed the amount you paid to us for products in the six months preceding the claim.

Some states do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages, so the above limitations may not apply to you. In such states, our liability is limited to the greatest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless OSIT Impresa S.p.A. and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Website, your violation of these Terms, or your infringement of any third-party rights.

11. Accessibility

Subdued is committed to making our Website accessible to people with disabilities. If you experience difficulty accessing any part of our Website, please contact us at infosubduedshop@subdued.com and we will work to assist you or provide an alternative means of accessing our content or services.

12. Privacy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

13. Governing Law and Dispute Resolution

Governing Law

These Terms and any dispute arising from your use of the Website or purchase of products shall be governed by the laws of the State of New York, without regard to its conflict-of-law principles, except where federal law applies.

Informal Resolution

Before initiating any formal legal proceeding, you agree to contact us at infosubduedshop@subdued.com to attempt to resolve the dispute informally. We will try to resolve the dispute within 30 days of your notice.

Binding Arbitration

If we cannot resolve a dispute informally, you and Subdued agree that any dispute arising out of or relating to these Terms or the Services (other than claims for injunctive or other equitable relief) will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. Arbitration will take place in New York, New York, or, if required by the AAA rules, by videoconference or telephone.

BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ALSO WAIVE YOUR RIGHT TO A TRIAL BY JURY FOR DISPUTES COVERED BY THIS ARBITRATION AGREEMENT.

Nothing in this section prevents either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

Time Limitation

Any claim arising from or related to these Terms must be brought within one (1) year after the cause of action arises. Claims not brought within this period are permanently barred.

14. Minimum Age

The Website is intended for users who are 18 years of age or older. We do not knowingly solicit or collect personal information from users under 13 years of age. If you are under 18, you may only use the Website with the involvement and consent of a parent or legal guardian. If we learn that we have collected personal information from a child under 13, we will delete it promptly.

15. Termination

We reserve the right to suspend or terminate your access to the Website at any time, with or without notice, for conduct that we determine (in our sole discretion) violates these Terms, applicable law, or the rights of any third party. You may also terminate your account at any time by contacting us at infosubduedshop@subdued.com.

Upon termination, your right to use the Website and any related services will immediately cease. Provisions of these Terms that by their nature should survive termination will survive, including intellectual property rights, disclaimers, limitations of liability, and the dispute resolution provisions.

16. General Provisions

• Entire Agreement: these Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Subdued regarding your use of the Website and supersede all prior agreements.
• Severability: if any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
• Waiver: our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: we may assign these Terms without restriction. You may not assign your rights or obligations under these Terms without our prior written consent.
• Force Majeure: we will not be liable for delays or failures to perform resulting from circumstances beyond our reasonable control, including natural disasters, pandemics, labor disputes, governmental actions, or disruptions to internet or telecommunications services.
• No Agency: nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Subdued.

17. Contact Us

If you have questions about these Terms, please contact us:

Order inquiries: ordini@subdued.com

General questions: infosubduedshop@subdued.com

Privacy questions: privacy@subdued.com

Website: www.subdued.com

© 2026 OSIT Impresa S.p.A. – Subdued. All rights reserved.