Condizioni generali di vendita

Identification of the seller
The goods subject to these general terms and conditions are offered for sale on the website www.mysecretcase.com by MySecretCase S.r.l. with registered office in Milan, Corso Colombo 7, 20144, VAT no. 06396080480, pec: mysecretcasesrl@pec.it (hereinafter also referred to as the Seller)

1. Definitions

1.1  In these General Conditions of Sale, the following terms shall have the meanings specified below:

1. (a) "online sales contract" means the distance contract concluded between a Seller and a final consumer Buyer, through a sales system organized by the Seller, which uses the distance communication technology known as the Internet;
   
2. b) the expression "Seller" refers to Mysecretcase S.r.l. party to this contract, which provides for the management of the Site, directly selling the products indicated in the following point to users (Purchasers);
3. c) the expression "Products" refers exclusively to the movable goods and/or services present in the Site's electronic catalogues;
4. d) the expression "Purchaser" refers to the final consumer-client who is authorized to operate on the Site in order to purchase products, in accordance with the procedures indicated in these general terms and conditions;
5. e) the expression "Consumer" refers to the natural person who purchases goods and services for purposes that are not directly or indirectly related to any professional activity carried out;
6. f) the expression "Parties" refers to the Seller and the Buyer jointly understood;
7. g) the term "Site" refers to the website corresponding to the address mysecretcase.com through which it is possible to make online purchases;
8. h) the term "Consideration" refers to the selling price of each product;

2. Object of the Contract

2.1 These general terms and conditions, which are made available to the Purchaser for reproduction and conservation pursuant to Article 12, Legislative Decree No. 70 of 9 April 2003, have as their object the purchase of products, made at a distance and by means of telematic network, through the website www.mysecretcase.com  by MySecretCase S.r.l.

2.2 With this contract, respectively, the Seller sells and the Purchaser purchases at a distance the movable goods and/or services indicated below.

2.3 The goods and/or services covered by this contract are all products chosen by the Purchaser and placed in the virtual shopping cart, following the online purchase procedures indicated on the site.

2.4 The products and/or services referred to in the previous point are illustrated on the web pages in the SEX TOYS, VAGINA, PENIS, ANO, BONDAGE, UNDERWEAR, LUBES sections of the Seller's Site.

2.5 The Seller undertakes to supply all the products subsequently indicated against payment of a fee as set out in Article 4 of this contract.

 3. Acceptance of sale's conditions

3.1 These general conditions are valid from the day of the conclusion of this contract and may be updated, supplemented or amended at any time by the Seller, who shall give notice thereof through the pages of the website WWW.mysecretcase.com and such updates/amendments and/or supplements shall be effective for future purchases.

3.2 All purchase orders shall be forwarded by the Purchaser to the Seller, after registering with the website and/or completing the indicated purchase procedure.

3.3 These General Terms and Conditions of Sale shall be examined "on line" by the Purchaser, prior to the completion of the purchase procedure. The forwarding of the purchase order confirmation, therefore, implies full knowledge of them and their full acceptance.

3. 4 The Purchaser, by confirming the Order by clicking on "Conclude purchase", declares that he/she has consciously accepted the contents and conditions of the Order in question and, in particular, these General Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Purchaser as well as the terms of payment illustrated hereunder, declaring that he has read and accepts all the information provided by him pursuant to the aforementioned rules, also acknowledging that the Seller shall not be bound to different terms unless previously agreed upon in writing.

3.5 Sales transactions are governed for the consumer by the provisions of the Consumer Code (Legislative Decree no. 206 of 6 September 2005 and subsequent amendments), while the protection of confidentiality is subject to the discipline of the GDPR 679/2016 and Legislative Decree no. 196 of 30 June 2003 and subsequent amendments and additions. With regard to the contractual conditions applied to business users, reference must be made to the new provisions of EU Reg. 2019/1150.

3.6 Acceptance of the terms and conditions of sale shall be manifested by accurately completing all sections of the electronic form, and by checking and then accepting the boxes marked ACCEPTANCE OF TERMS AND CONDITIONS OF SALE and PRIVACY POLICY.

 4. Terms of purchase and sale prices

4.1 The products, prices and conditions of sale present on the Site - within the limits of their availability - do not constitute a public offer to the consumer; therefore, they must always be considered indicative and subject to express confirmation by e-mail by the Seller, which constitutes acceptance of the purchase order.

4.2 The prices of the products offered for sale on the Site are indicated in Euro and are the prices in force at the time the Order is sent by the Purchaser. The Seller may change the sale prices of the products at any time and without notice. Such change shall in any case be notified to the Purchaser before any Order is sent.

4.3 The prices of the products are inclusive of VAT, but do not include shipping costs. Shipping costs vary depending on the shipping method and destination location selected by the Buyer when placing the Order and are displayed in the Order summary prior to the Buyer's request for Order confirmation. Please refer to Art. 9 of these General Terms and Conditions of Sale.

4.4 Receipt of the Order does not bind the Seller until the latter has expressly accepted the Order itself by means of an "Order Confirmation E-mail" (see point 6.1 below). It is specified that upon receipt of the order by the Purchaser, the system will automatically send an e-mail summarising the order received, which is not intended as formal acceptance of the same. The Seller, with a subsequent e-mail, after checking the availability of the chosen product, will confirm and formally accept the order received.

4.5 The Purchaser expressly grants the Seller the right to accept even only part of the order placed (e.g. in the event that not all the products ordered are available). In this case, the contract shall be deemed to have been concluded for the goods actually sold.

4.6 The Purchaser expressly declares that he/she is making the purchase for purposes unrelated to any commercial or professional activity carried out.

5. Products and Offers

5.1 In accordance with article 52 of the Italian Consumer Code (Legislative Decree 206 of 6 September 2005), and with the terms of this contract, before sending the Order, the Purchaser may view information on the Site regarding the price, including taxes and shipping costs, and the essential characteristics of the product(s) or services he/she wishes to purchase.

5.2 In any event, and in the event that, after the Order has been sent, there is total or partial unavailability of the product, the Purchaser will be immediately informed by e-mail of the unavailability of the product and the total or partial cancellation of the Order.

5.3 In the event of total or partial cancellation of the Order: the cancellation of the Buyer's Order shall take place automatically, without any charge to the Buyer.
The Customer Service will contact the Buyer to inform him of the cancellation and to propose him to place a new Order excluding the unavailable product.

5. 4 The Seller also reserves the right to suspend or cancel the fulfilment of an Order and/or delivery, regardless of the nature and progress of fulfilment, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of problems with payment, in the event of technical problems, in the event that in the Seller's sole discretion there is a practice potentially detrimental to selective distribution contracts, or in the event of fraud or attempted fraud relating to the use of the Seller's website, also with reference to previous Orders. In the event of rejection of the Order, the Seller shall notify the Purchaser, within 30 working days from the placing of the Order, of the impossibility of accepting the Order.
The sale shall be final only at the time of acceptance of the Order by the Seller, by means of sending an e-mail confirming that the Order has been processed to the Buyer.

5.5  The Seller shall be entitled to collect the full price of the Order:

• for payments made by credit card, from the moment the Order Confirmation E-mail is sent;
• for payments made by other payment methods from the moment the e-mail informing the Purchaser of the successful dispatch of his Order is sent.

5.6  The Seller recommends the Buyer to keep the e-mails received from the Seller in paper or electronic form. The Purchaser is informed that such e-mails will be sent to the e-mail address entered by the Purchaser at the time of purchase. The Seller shall not be liable in the event of an invalid e-mail address being entered and/or the Order Confirmation E-mail not being received for reasons not directly attributable to the Seller. In this case, the sale shall be considered as final.

6. Conclusion of the Contract

6.1 The Contract stipulated through the Site is understood to be concluded when the Purchaser receives, via e-mail, formal confirmation of the order, with a communication ("Order Confirmation E-mail") following the automatic e-mail summarising the order referred to in art. 4.7, through which the Seller accepts the order sent by the Purchaser and informs him that it can proceed with its execution. The Contract is concluded at the place where the Seller's registered office is located.

6.2 Until the Purchaser has received the Order Confirmation e-mail, referred to in the preceding point, he is entitled to proceed with cancellation of the order by sending an e-mail to the Seller's address info@mysecretcase.com or according to any other methods indicated on the Site.

 7. Payment

7.1 The Buyer warrants to the Seller that he has the necessary authorization to use the payment method chosen for his Order at the time the Order is placed.

Payment Methods:
Credit Cards
Paypal
Cash on delivery

7.2 All Orders are payable in Euro, including taxes and compulsory contributions. Any bank charges shall be borne exclusively by the Buyer (even in the event of a refund).
In the event of non-payment or delayed (more than 2 days) payment of the Order by the Purchaser, the Seller reserves the right to apply default interest at the legal interest rate from the tenth business day following the date of the Order or from notification of rejection of the bank payment.

7.3 Ownership of the products ordered shall remain with the Seller until such time as the entire consideration for the Order, including shipping charges, taxes and other mandatory contributions (where applicable) are fully paid by the Purchaser.
All orders, before being processed, are subject to authenticity checks directly by the relevant credit card issuing institutions for the protection of the customer. If, for any reason whatsoever, it is not possible to debit the amount due, the sale process shall be automatically cancelled and the sale shall be terminated pursuant to Article 1456 of the Italian Civil Code. The Customer shall be informed by automatic e-mail communication.

7.4 Communications relating to payment and the data communicated by the Customer at the time payment is made take place on specially protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.

8. Product shipment costs and times

8.1 Shipping costs differ depending on the total amount of the order:

for orders whose total amount is less than EUR 35, the costs will be EUR 5.90 (except for any promotions or offers);

for orders whose total amount is greater than EUR 35, the costs will be free of charge.

8.2 Shipping times are:
PREPARATION TIME: 24 h (working days)
TRANSPORT TIME: 24/48 h (working days)
TOTAL DELIVERY TIME ITALY: 48/72 h (working days)

Orders placed on Saturdays and Sundays will be handed over to the courier on the next working day, excluding holidays.

8.3. For foreign orders, the shipping cost is 9.90 euro. Shipping costs 5.90 euro for orders above a certain amount. Payment is only possible by Credit Card or PayPal.

8.4 If the recipient fails to collect the order, any storage and delivery costs shall be borne entirely by the recipient.

8.5 All Purchasers may pay for the goods ordered using the following payment methods indicated "on line" at the time of purchase: Credit Card, PayPal and cash on delivery.

9. Delivery methods

9.1 The Seller will deliver to the Purchaser, at the address indicated by the latter as the delivery address on the Order " Delivery Address ", the products selected and ordered, according to the methods envisaged in the previous articles, by means of trusted couriers and/or forwarding agents: Bartolini and GLS. DHL for foreign orders.

9.2 To change the delivery address after the ordered products have been shipped, the Purchaser must contact customer service.

9.3 Orders shall be processed as soon as they are received, and the Seller undertakes to deliver the products as quickly as possible and in any event within 30 days from the date of conclusion of the contract (i.e. from the moment the order is confirmed online by the user). The total amount of the costs, including shipping costs, will be visible before proceeding with the confirmation of the purchase.

10. Defects, non-conformities and damage to products

10.1 The goods shipped shall be checked and delivered to the shipper intact and without defects. The Seller shall not be liable in any way for any delays or damages attributable to the fault of the forwarding agent.

If the Purchaser refuses the purchased products without any valid reason, the Seller shall charge the Purchaser for the return transport costs.

10.2 The Purchaser, or the addressee of the Order, is invited to check the state of the package and the products upon delivery.

In the event of anomalies in the parcel (damaged or opened parcel, traces of liquid, etc.) and/or the ordered products (missing, defective or damaged products), the Purchaser or the addressee of the Order shall return the products to the Vendor following the procedures described below.

10.3 Failure to comply with the correct procedure excludes any recourse against the carrier and/or the Seller, including the right to reimbursement of the Order and/or return of the ordered products.

10.4 The Purchaser, or the addressee of the Order, may alternatively contact the Seller at info@mysecretcase.com to find out how to return the damaged, non-conforming and/or defective product or products.

10.5 The procedure for the return of damaged, non-conforming and/or defective products indicated by the Seller shall be followed by the Purchaser. Otherwise, the Purchaser may not claim any refund or replacement of the products in question.

Procedures that must necessarily be followed in the event of obvious damage to the package for its return to the Seller:

10.6 In the event of an anomaly detected in the presence of an express courier delivery manager:

Reject the delivery and write on the courier's document all reservations concerning the anomaly in a clear and detailed manner.
A report of the refused collection must then be forwarded to the Seller by e-mail or by telephone on +39 02 3859 5669 (Mon-Fri 9:00-13:00 14:00-18:00).

10.7 Procedure that must be compulsorily followed in the event of a missing, damaged or defective product:
the Seller may request information regarding the identity of the Buyer or the recipient of the Order and carry out any verification that may be useful. The Seller will indicate to the Buyer, or to the recipient, the procedure to be followed to return the damaged or defective product, or to obtain the missing products.
Once the products have been received, the Seller will verify that these products are indeed defective, damaged or do not correspond to the description provided on the Website. If such verification is positive, the Seller will replace the defective, damaged or non-compliant product and send it to the Purchaser as soon as possible and in any case within 30 (thirty) working days from receipt of the products.

10.8 Shipping costs shall be borne entirely by the Seller.

10.9 In the event that the Seller is not able to replace the products within the aforementioned term, it will immediately notify the Purchaser at the e-mail address indicated at the time of registration of the purchase and will reimburse the Purchaser for the cost of such products and shipping costs if the Purchaser provides proof of the cost incurred to return the products. The refund of the price will be made by the Seller in the manner chosen at its discretion as soon as possible, and in any case within 30 (thirty) working days from the date on which it receives the products.

10.10 In the event that, after examining the returned products, the Seller reasonably deems that the products cannot be considered defective, damaged or do not comply with the description on the Website, the Purchaser will not be entitled to a refund and the products will be returned to him, with shipping costs charged to the Purchaser.

11. Liability

11.1 The Seller shall not be liable for any delay or non-delivery of the goods attributable to force majeure or fortuitous events that prevent, in whole or in part, the contract from being executed in the agreed time.

11.2 The Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract due to the aforementioned causes, the consumer being entitled only to a refund of any price paid.

11.3 The Vendor shall not be liable for the consequences resulting from a defective product if the defect is due to the product's compliance with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet permit the product to be considered defective.

11.4 The Vendor shall not be liable if the injured party who is aware of the product defect and the danger has voluntarily exposed himself to it. Similarly, defects resulting from the incorrect and/or improper use of the purchased goods, external causes (e.g. impacts, falls, etc.), carelessness and improper use shall not be attributable to the liability of the Seller.

12. Guarantees and Methods of Service

12.1 The Vendor only markets products that are original and of high quality. The warranty period is 2 years from delivery and starts on the day the goods are purchased.

12.2 In the event of a conformity defect, the Purchaser shall report it to the Seller within 2 (two) months from the date on which the defect was discovered. Otherwise, the Purchaser forfeits his warranty rights.

12.3 The Vendor shall be liable if the lack of conformity becomes apparent within a period of two years after delivery of the product.

12.4 In the event of a defect, the Purchaser shall be entitled to have the conformity of the goods restored free of charge by repair or replacement. Should these remedies fail, the Purchaser is entitled to an appropriate price reduction or termination of the contract unless the claim is objectively impossible to meet or is excessively onerous for the Supplier.
Products that show clear signs of tampering or faults caused by improper use or external agents not attributable to manufacturing faults and/or defects are not covered by the guarantee.

12.5 The Purchaser, in addition to following the procedures indicated in art. 10 of these conditions, shall in any case send his request in writing to the Seller, which shall indicate his willingness to fulfill it - or the reasons preventing him from doing so. In the same communication, the Seller shall indicate to the Purchaser the method of shipping or returning the goods as well as the deadline for returning or replacing the defective goods.

13. Obligations of the Purchaser

13.1 The Purchaser undertakes and is obliged, once the purchase procedure has been completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully comply with the condition set forth in Legislative Decree no. 206 of 6 September 2005.

13.2 It is strictly forbidden for the Purchaser to enter false, and/or invented, and/or fictitious data in the registration procedure through the special electronic form; the personal data and e-mail address must be exclusively the Purchaser's own real personal data and not those of third parties, or fictitious. The Purchaser therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the product purchase procedure.

13.3 It is expressly forbidden to make double registrations corresponding to a single person or to enter the data of third parties. The Seller reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.

13.4 The Purchaser indemnifies the Seller from any liability deriving from the issuance of erroneous tax documents due to errors in the data provided by the Purchaser, the latter being solely responsible for their correct entry.

14. Right of Withdrawal

14.1 Pursuant to the provisions of the Consumer Code, the Purchaser may, within 14 (fourteen) working days from the date of receipt of the package containing the goods ordered, withdraw from the purchase agreement by returning the goods received in their original packaging, without tampering with any of the guarantee seals or simply opening and/or deteriorating the same outer packaging.

14.2 In particular, for contracts concerning the sale of goods, if the goods have been delivered, the substantial integrity of the goods to be returned is an essential condition for exercising the right of withdrawal.

14.3 The provisions relating to the exclusion of the right of withdrawal for certain categories of goods and services set out in Article 59 of the Consumer Code shall remain unaffected. In particular, the right of withdrawal is excluded for goods sold "made to measure" and in the event that the sales service relates to the supply of sealed goods that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery (Art. 59 lit. e) Consumer Code

14.4 By exercising the right of withdrawal under this Article, within the terms and according to the procedures described below for the return of products, the Purchaser may obtain at his or her choice:

• a refund of the amount paid for the products returned to the central warehouse, by re-crediting the relative sum to his credit card or by bank transfer;
• a credit of an amount equal to the price of the products returned to the central warehouse, which can only be used on the Website.

14.5  Pursuant to Article 67 paragraph 3 of the Italian Consumer Code, the costs of return shall be borne exclusively by the Purchaser.

14.6 We also remind you that packages sent at the consignee's expense will not be accepted.

14.7 The Seller shall refund the Purchaser the full amount already paid for the product within 14 days of receipt of the return form containing the decision to exercise the right of withdrawal.
The Seller reserves the right to withhold the refund until it has received the goods or until the Purchaser has proven that he has returned the goods.

14.8 The Purchaser and/or the recipient of the Order shall necessarily contact customer service to arrange the return.

14.9 The products must be returned to the Seller in their substantial integrity, with their original packaging, accessories, instructions for use and anything else supplied with them, in a condition such that they can be put back on sale.

14.10 The Seller shall accept returned goods, reserving the right to ascertain that the products have been returned in their original state and with their original packaging.

14.11 Refunds shall be made by transferring the amount charged to the Credit Card or by Bank Transfer using the bank details (IBAN Code of the invoice holder) provided by the Purchaser in the Return Form.

14.12 To exchange products purchased online, you must send an email to info@mysecretcase.com with the order number in question. Exchanges may only be made for products of the same amount or a higher amount than those you wish to return; even a partial refund of the amount spent can only be obtained by sending the product back to headquarters.

14.13 The return of products after the legal term established for withdrawal and contract cancellation shall not be accepted.

14.14 A Consumer who exercises the right of withdrawal in accordance with the provisions shall be reimbursed the sums already paid within the term of 14 days, and in any case no later than 30 days from the date on which the Seller (or the service provider) became aware of the exercise of the right of withdrawal by the Consumer.

 15. Termination of the contract

15.1 Should one Party be in default with respect to the other with respect to any of the obligations hereunder, the other Party may request termination pursuant to Article 1453 of the Italian Civil Code and following, without prejudice to the right to compensation for damages.

15.2 Pursuant to article 1456 of the Italian Civil Code, the Party intending to avail itself of the termination shall notify the other Party by sending a registered letter with return receipt or PEC (Certified Electronic Mail), stating the reason thereof; the termination effects shall run from the date of receipt of the termination notice resulting from the receipt delivered to the terminating Party and the Purchaser shall only be entitled to the restitution of any sum already paid.

16. Communications

16.1 Without prejudice to the cases expressly indicated - or established by legal obligations - communications between the Seller and the Purchaser shall take place preferably by means of e-mail messages to their respective e-mail addresses, which shall be considered by both parties as a valid means of communication and the production of which in court cannot be contested merely because they are electronic documents.

16.2 Either party may at any time change its e-mail address for the purposes of this article, provided it promptly notifies the other party in accordance with the forms established in the preceding paragraph.

17. Protection of privacy and processing of Buyer's data

17.1 The Seller protects the privacy of its customers and guarantees the compliance of the processing of personal data with Regulation (EU) 2016/679 and applicable legislation on the protection of personal data.

17.2 The personal and tax data acquired by Myecretcase, the data controller, are collected and processed in the forms and according to the methods provided for by the Privacy Policy of the website and by the information provided for by art. 13 of GDPR 679/2016 and Legislative Decree no. 196 of 30 June 2003 (Privacy Code), of which the Buyer expressly declares to have read.

18. Jurisdiction and Competent Court

18.1 All disputes relating to the application, execution, interpretation and breach of the purchase contracts stipulated "online" through the Seller's website shall be subject to Italian jurisdiction, also in accordance with the provisions of Article 3, Convention No. 80/934/EEC of 19 June 1980 (Rome Convention), on the law applicable to contractual obligations; these general conditions refer, for all that is not expressly provided for herein, to Legislative Decree No. 206 of 6 September 2005 (Consumer Code).

18.2 In the event of disputes arising out of or in connection with this contract, the parties undertake to seek a fair and amicable settlement among themselves.

18.3 If the dispute has not been settled in an amicable manner, and in any case within six months from the date of its commencement, the dispute shall be brought before the exclusive jurisdiction of the Court in whose district the Purchaser/Consumer has its domicile, in accordance with the provisions of Legislative Decree no. 206/05; if the Purchaser does not have the status of final consumer, it is agreed that any dispute, also in derogation of the rules on territorial jurisdiction, shall be the exclusive jurisdiction of the Court of Milan.

19. Final Clauses

19.1 This agreement supersedes and replaces all prior agreements, understandings, negotiations, written or oral, between the parties concerning the subject matter of this agreement.