The products for sale on www.secretroomsexyshop.com are sold online and distributed by Elio Magari Fraz.Casabianca 111 VAT 01026610053, hereinafter simply referred to as EM. These general terms of sale exclusively govern purchases made through the website www.secretroomsexyshop.com. EM reserves the right to modify these Terms of Sale at its sole discretion. The Terms of Sale applicable to orders placed through the www.secretroomsexyshop.com website are those in effect at the time of the order request. For any clarifications, it is possible to send an email to secretroomsexyshop@gmail.com.
Article 1 - DEFINITIONS
Supplier or Seller: unless otherwise specified, refers to secretroomsexyshop, located at Frazione Casabianca 111, 14100 Asti, VAT 01026610053.
Platform or Website: refers to the website secretroomsexyshop.com, owned by the Supplier.
User or Visitor: any individual who accesses the website.
Customer or Buyer: the user who makes a purchase on the Website, accepting the general terms of sale.
Consumer Customer: a natural person acting for purposes not directly related to any professional activity. Therefore, resellers and companies are excluded from this definition.
Professional Customer: traders, wholesalers, resellers, and in general, professionals purchasing for non-personal use.
Parties: the Customer and the Supplier.
Order: the form filled out by the Customer through the Website to request goods for sale.
Products: the goods offered for sale on the Website, according to the general terms of sale.
Price: the sale consideration.
Article 2 - OBJECT
The object of this contract is the online sale of products listed on the secretroomsexyshop.com website by the Supplier to the Customer under the following terms and conditions of sale.
Article 3 - PRODUCT SALES
3.1. The purchase of Products on the Website is allowed for any User of legal age (+18 years).
3.2. The User can select the desired Product by adding it to the "cart"; if the User wishes to add more products to the purchase, they may do so using the same method. At any time, the User can view the items in the cart by clicking on "items in your cart" and choose to delete them, continue shopping, or proceed to checkout.
3.3. Once the selection of Products is complete, by clicking "go to checkout", the Customer is required to provide shipping and billing information by filling out the form on the appropriate page. The Customer agrees to provide correct, truthful, and complete data regarding: personal details, personal contacts, and other information useful for fulfilling the order.
3.4. The system allows the User to save their data, so they can make subsequent purchases more quickly; in this case, credentials (to be modified on the first access and kept strictly confidential) will be sent to the User via the email provided to use in future purchases.
3.5. The system allows the Customer to choose one of the payment methods described in Article 5 of these terms and proceed by clicking "continue".
3.6. Before confirming the order, the Customer is required to verify all the information in the order summary, including the details of the selected product(s), the total amount due, and the entered shipping and billing data.
3.7. The Customer may choose to go back if they do not wish to proceed with the order submission or confirm it by clicking on "order with payment obligation".
3.8. The order is considered firm and irrevocable by the Customer for 10 days. The order is considered accepted by the Seller when the Seller sends the order confirmation to the email address provided by the Customer during registration on the Website. The Seller has the right, at its sole discretion, to accept or reject the Customer's order without the Customer being able to raise any objections or complaints for any reason or cause. The Seller particularly reserves the right to refuse or cancel an order if there are doubts about the truthfulness of incomplete or inconsistent personal data, previous payment defaults, dubious credit card authenticity, unavailability of products, deliveries to free zones, offensive or racist personalizations, or in any case deemed intolerable for the Supplier's image. The notification of refusal or cancellation of the order (by email or phone) may not be immediate and may occur following further contact by the Customer. The Customer is required to keep a copy of the order confirmation for any disputes and/or complaints.
3.9. Products are sold under the terms and conditions outlined in the contract published on the site at the time of the order.
3.10. The contract is considered concluded and binding when the Supplier sends the order confirmation to the Customer's email address, as indicated during registration on the site.
3.11. Prices and products may be subject to change without notice, provided that the applicable terms will be those posted on the store website at the time the Customers place their Orders.
3.12. Payment is required in advance for the purchase of all products, including shipping costs.
3.13. Discounted or promotional products will be easily identifiable by the Customer during the product evaluation phase on the site.
Article 4 - DELIVERY TIMES AND METHODS
4.1. The Supplier delivers both in Italy and abroad. The products are delivered to the shipping address indicated by the Customer in the order via express courier.
4.2. The estimated delivery time for products is 30 days from the receipt of the order confirmation; however, delivery times may vary depending on product availability at the Supplier's premises. The Supplier will keep the Customer informed of any circumstances that may cause a delivery delay. Delivery times are indicative and not essential.
4.3. Due to agreements with the shipping company used by the Supplier, no deliveries will be made on Saturdays, Sundays, and holidays according to the Italian calendar and those of any other countries involved in the shipment.
4.4. The Seller reserves the right to split deliveries of products at different times without the Customer being able to object or complain for any reason or cause.
4.5. Delivery will take place without an appointment. The courier used by the Supplier will attempt two deliveries to the address provided by the Customer. If these attempts are unsuccessful, the products will be held at the carrier's warehouse for five (5) working days at the Customer's disposal. If the products are not collected within this period, the order will be automatically canceled, and the products will be returned to the Supplier, with the corresponding costs charged to the Buyer.
4.6. Upon delivery of the goods, the Customer, whether they receive the goods directly or through a designated third party, will physically take possession of the products. The risk of loss or damage to the goods, for reasons not attributable to the seller, will be transferred to the Customer, if a consumer, only when they or a third party designated by them (other than the carrier) physically takes possession of the goods. However, the risk is transferred to the consumer at the time of delivery to the carrier if the latter was chosen by the consumer and not proposed by the professional, without prejudice to the consumer's rights towards the carrier.
4.7. If the Customer is not a consumer, all risks of loss and damage of the goods will transfer to the Customer at the time of delivery to the carrier by the seller.
4.8. Upon receiving the products, the Customer is required to check that the packaging is intact, undamaged, not wet, or otherwise altered, including the closing materials. If any visible damage to the packaging and/or the product is detected, the Customer may refuse delivery of the products, which will be returned at no cost to the Customer. Once the delivery document has been signed, the Customer may not raise any objections regarding the external characteristics of the delivered products.
Article 5 - CUSTOMER OBLIGATIONS
5.1. The Customer is required to provide all the data requested during the purchase phase and verify their accuracy before submitting the order request.
5.2. The Customer is required to pay for the products purchased and keep a copy of the purchase confirmation sent by the Supplier to the email address indicated by the Customer during registration on the website.
5.3. The Customer is required to check the integrity of the packaging upon delivery and promptly report any damage.
Article 6 - PRICE AND PAYMENT
6.1. Prices are expressed in Euros (€) and include the Value Added Tax (VAT) in force for the respective product categories.
6.2. The total price at the end of the order includes shipping costs. Any additional charges related to storage services due to failed delivery and consequent non-collection by the Customer are the Customer's responsibility.
6.3. The Customer will review all specifications regarding the price to be paid before sending the order request with an obligation to pay.
6.3. Payment can be made through one of the methods available on the site, namely PayPal, or credit card.
6.4. The system allows the Customer who has chosen to pay by credit card or PayPal to make the payment through the supplier’s platform by clicking "pay now".
6.5. Price changes do not apply to orders already confirmed.
Article 7 - FORCE MAJEURE
7.1. The parties will not be responsible for delays in fulfilling their obligations under the contract if such delays are caused by circumstances beyond their reasonable control. The party delayed due to force majeure will be entitled to an extension of the time necessary to fulfill such obligations. For example and not limited to: delivery delays due to natural disasters, fires, floods, wars, civil insurrections, riots, strikes, terrorist acts, actions by any public or governmental authority, earthquakes, floods, landslides, tsunamis, wind, and other natural events for which a state of emergency is declared.
Article 8 - PRODUCT WARRANTY AND LIMITATION OF LIABILITY
8.1. All products sold on www.secretroomsexyshop.com are covered by a legal warranty of conformity in accordance with articles 128-135 of the Consumer Code.
8.2. Under the legal warranty, the seller is liable for any lack of conformity that becomes apparent within two years from the date of delivery of the goods.
8.3. The legal warranty entitles the customer to request the repair or replacement of the product, at no cost, unless the remedy requested is objectively impossible or excessively costly. If repair or replacement is not possible, the customer is entitled to an appropriate reduction in price or to have the contract terminated.
8.4. To benefit from the warranty, the customer must report the defect within two months of discovering it. In the event of a claim, the customer should contact the supplier via email at secretroomsexyshop@gmail.com, attaching the proof of purchase and describing the issue with the product.
8.5. The legal warranty does not cover any damage or malfunctions caused by misuse, improper installation, or maintenance, nor does it cover normal wear and tear of the product or issues arising after the product has been modified.
8.6. The supplier cannot be held liable for any indirect or consequential damages, such as, but not limited to, loss of profit, interruption of business activities, or loss of information arising from the purchase of the product or its use.
Article 9 - RIGHT OF WITHDRAWAL
9.1. The consumer customer has the right to withdraw from the purchase contract, without stating a reason, within 14 days from the day on which the customer or a third party (other than the carrier) appointed by the customer acquires physical possession of the goods.
9.2. To exercise the right of withdrawal, the customer must inform the supplier (Elio Magari, Fraz. Casabianca 111, 14100 Asti) of the decision to withdraw from the contract by means of an explicit declaration (for example, a letter sent by post, fax, or email to secretroomsexyshop@gmail.com).
9.3. The customer may also use the withdrawal form provided on the website but is not obliged to do so.
9.4. To meet the withdrawal deadline, it is sufficient for the customer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
9.5. If the customer withdraws from the contract, they will be reimbursed for all payments made to the supplier, including delivery costs (with the exception of any additional costs resulting from a delivery method chosen by the customer that is more expensive than the standard delivery method offered by the supplier), without undue delay and in any case no later than 14 days from the day the supplier is informed of the customer’s decision to withdraw from the contract. Such reimbursement will be made using the same payment method used by the customer for the initial transaction unless otherwise agreed.
9.6. The customer must return the goods to the supplier at their own expense, without undue delay and in any case within 14 days from the day on which they communicated their decision to withdraw from the contract.
9.7. The customer is responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
9.8. The right of withdrawal does not apply to the following types of contracts:
- The supply of goods that are made to the customer's specifications or are clearly personalized.
- The supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of goods which, after delivery, are inseparably mixed with other items due to their nature.
Article 10 - APPLICABLE LAW AND JURISDICTION
10.1. These General Terms of Sale and any dispute arising under or related to the contract of sale will be governed by Italian law.
10.2. For any dispute relating to the interpretation, execution, or resolution of these General Terms of Sale, if the customer is a consumer, the jurisdiction will be that of the customer’s place of residence or domicile, if located in Italy. Otherwise, any disputes will be subject to the jurisdiction of the Asti court.
10.3. In any case, the customer has the right to initiate alternative dispute resolution procedures, such as mediation or arbitration, in accordance with the provisions of Legislative Decree no. 28/2010, and any other applicable laws. Additionally, in accordance with article 14 of Regulation 524/2013, the customer may also opt for an online dispute resolution method by accessing the following platform: https://ec.europa.eu/consumers/odr/.
Article 11 - PRIVACY POLICY
11.1. The Supplier processes personal data provided by the customer exclusively for the purposes of fulfilling the order and complying with legal requirements, in accordance with the current legislation on the protection of personal data (EU Regulation no. 679/2016 – GDPR). For more information, the customer can consult the Privacy Policy published on the website.
11.2. The customer’s personal data will not be disclosed or transferred to third parties, except as necessary for the completion of the purchase process (such as forwarding information to couriers or payment institutions) or as required by law.
Article 12 - CUSTOMER SERVICE AND COMPLAINTS
12.1. For any inquiries, clarifications, or complaints, the customer can contact the Supplier by email at secretroomsexyshop@gmail.com or by regular mail to the address Fraz.Casabianca 111, 14100 Asti.
12.2. The Supplier undertakes to respond to complaints within 10 business days from the date of receipt.
Pursuant to and for the purposes of art. 1341 and 1342 civil code, the Customer declares to have read, understood and intends to accept articles 3.8 (irrevocability of the order), 4 (Delivery times and methods), 5 (Customer's obligations), 8 (Right of withdrawal ), 9 (Warranty), 13 (Language), 14 (Applicable law and competent court) of these general conditions of sale
Article 13 - CONDITIONS OF USE OF THE SITE
13.1. Access and use of the website www.secretroomsexyshop.com are subject to these General Conditions of Sale and acceptance of the conditions indicated in this document.
13.2. The Customer undertakes to use the website in a lawful and correct manner, avoiding behavior that may cause damage to the site or compromise its functionality.
13.3. The Customer agrees not to use the site for illegal or unauthorized purposes and not to engage in any activity that may interfere with the security of the site or compromise its integrity.
13.4. The Supplier will not be responsible for any interruptions or malfunctions of the website due to causes outside its control, including, but not limited to, technical failures, cyber attacks, or force majeure events.
13.5. Access to the site may be temporarily suspended for technical or maintenance reasons without notice.
Article 14 - CHANGES TO THE GENERAL CONDITIONS OF SALE
14.1. The Supplier reserves the right to modify these General Conditions of Sale at any time, publishing the new version on the website.
14.2. The changes will be effective from the date of publication on the site and will apply to sales made after that date.
14.3. The Customer is invited to periodically consult the General Conditions of Sale to stay updated on any changes.
Pursuant to and for the purposes of art. 1341 and 1342 civil code, the Customer declares to have read, understood and intends to accept articles 3.8 (irrevocability of the order), 4 (Delivery times and methods), 5 (Customer's obligations), 8 (Right of withdrawal ), 9 (Warranty), 13 (Language), 14 (Applicable law and competent court) of these general conditions of sale.