The supply and sale of clothing and accessories on the www.nosecrets.com website are governed by the following General Conditions of Sale.
The goods purchased on the www.nosecrets.com website are produced, sold and marked by trade marks owned by No NO SECRETS SRL, with registered office in Milano (MI), Via Della Spiga,1 VAT Reg. No. IT03275440133, Share Capital 30,000.00 EUR fully paid up. (hereinafter ” NO SECRETS ” or the “Vendor”)
CONTRATTO DI VENDITA
1.1. The subject of these general sales conditions is the conclusion of a distance purchase contract by private users through the e-commerce web site www.nosecrets.com (hereinafter “Website”), owned by the company No Secrets Srl., with registered office at Via della Spiga 1 – 20121 Milan (ITALY), Tax code and VAT no. 03275440133 (hereinafter “Seller”).
1.2 The Website is dedicated to the retail sale. Therefore, it is exclusively used by customers, as they are defined under the Italian Consumers Code. Subjects other than customers cannot place purchase orders. If one or more sales are carried out by subjects not qualified as Customers, these general sales conditions will be applied with the following exemptions:
- a) Buyer will not have any right of termination;
- b) Buyer will receive no guarantee on the Products;
- c) Buyer will not be recognized the forms of protection hereby provided for Customers and pursuant to mandatory provisions of law;
- d) Any sales contract concluded between Seller and Buyer will be governed by the Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Convention of Vienna, 1980).
- e) The Seller reserves the right to take any legal step that will be necessary to stop any irregularity, concerning for example the access to the Website, the cancellation of the registration or the reject or cancellation of the orders.
1.3 These general sales conditions are effective as of the date of their publication on the Website www.nosecrets.com and can be updated or modified at any time without notice. Each purchase will be regulated by the current version of the general sales conditions published on the Website at the time the Customer places his/her order, except when the modifications have retroactive effects under the related applicable law (in this case, these modifications may be also applied to the orders previously placed by the Customer). If any provision of these general sales conditions should be deeded to be invalid, void or unenforceable for any reason, this will not affect in any case the validity and the enforceability of the other provisions included in these general sales conditions.
1.4 . In order to purchase Products through the Website, the purchaser must not be under eighteen years old (18) and must declare to be capable to act. The data entered during the purchase must be exclusively the Customer’s real personal ones and not data regarding third subjects or fantasy data. No Secrets Srl reserves the right to take legal steps in case of violation or abuse, in order to protect and safeguard its Customers’ interests. Customers will hold No Secrets Srl harmless from any liability due to the issue of incorrect fiscal documents because of mistakes in the data provided by Customers, who are the only subjects that must enter data correctly.
1.5 In order to place an online order for one or more Products, Customer shall previously register on the Website and give No Secret Srl any necessary data to allow the carrying out of the orders in compliance with any applicable provision on personal data protection. Customer shall forward No Secrets Srl his/her order under the procedure indicated in the Website to conclude its purchase contract with Seller.
1.6 Any communication of the Customer connected with and/or related to the purchase of Products, including notices, claims, requests regarding the purchase and/or the delivery of the Products, the exercise of the right of termination etc. – shall be sent to Seller using the related addresses and under the modalities quoted in the Website and to the e-mail address firstname.lastname@example.org.
2. ACCEPTANCE OF THE SALES CONDITIONS
2.1. The conditions quoted in the premises constitute an integral and substantial part this contract.
2.2 By sending the order electronically, Customer shall simultaneously pay the price quoted in it. When Customer places an order, he/she will receive an e-mail by No Secrets Srl, which acknowledges the order receipt and summary.
2.3. By sending the purchase order, Customer confirms at the same time the details regarding the order placed and accepts these general sales conditions.
3. CHARACTERISTICS OF THE PRODUCTS AND THEIR AVAILABILITY IN DIFFERENT GEOGRAFICAL AREAS
3.1. Products are sold in accordance with the characteristics described in the Website and under the general sales conditions published on the Website at the time of the Customer’s order, with the exclusion of any other terms and conditions. The essential characteristics of the Products are explained in the Website and included in each Product Sheet. However, the images and the colors of the Products that can be purchased on the Website may change and/or not be correspondent to the real ones because of the internet browser and of the monitor used.
3.2. The prices of the Products quoted on the Website are inclusive of VAT and of any other sales tax. The cost of delivery and transport will be clearly quoted and shown before to conclude any order.
3.3 Products sold on the Website and/or their characteristics may be subjected to changes without notice. These changes apply only to orders not yet confirmed at the date of the change itself. In any case, before sending the purchase order, Customer shall verify the final sale price.
3.4 Products available on the Website can be purchased only by Customers asking for the delivery in Italy, in the Member States of the European Union, in Switzerland and in the United Kingdom.
4. METHODS OF PURCHASE OF PRODUCTS – CONCLUSION OF ANY SINGLE PURCHASE CONTRACT
4.1. The display of the Products on the Website is not binding for the Seller and constitutes a mere suggestion to Customer and not an offering to the public.
4.2. The purchase order sent by Customer to Seller on the Website represents a contractual proposal and is governed by these general sales conditions, which constitute an integral part of the same order. When sending the order to Seller, Customer shall accept integrally and without exceptions these conditions. Before the purchase of the Product by sending the order, Customer will be required to read carefully these general sales conditions and the informative note on termination of the contract. Customer shall control and rectify any mistake made in entering his/her data.
4.3. The purchase order is deemed to be accepted by Seller when Customer receives the confirmation thereof. Seller confirms the purchase order by sending an e-mail to the Customer’s e-mail address entered during his/her registration on the Website or quoted in the same order if Customer is not registered on the Website. The Customer’s order can be rejected:
- in case of mistake in the information given by Customer;
- if the Products are no more available;
- if there are insufficient payment guarantees;
- if the order does not correspond to standard necessities (with reference to the number of Products purchased in each single order or in case of several orders regarding the same product, even if each order includes a standard quantity of Products for normal necessities);
- in case of force majeure events.
4.4 When the order is not accepted, No Secrets Srl will communicate it promptly to Customer by e-mail.
4.5 No Secrets Srl accepts orders regarding Products within the limits of the quantities available in its warehouse. Therefore, the acceptance of the Customer’s purchase order depends on the availability of the Products in the warehouse. No Secrets Srl undertakes to inform promptly the Customer if the stocks are used up due to high quantities of orders or to other causes. Customer is expressly not entitled to ask for any compensation for damages or indemnities and holds No Secrets Srl harmless at contractual and extra-contractual level against any direct or indirect damage to persons and/or things due to integral or partial non-acceptance of an order. If the Products ordered are fully not available, the related order will be cancelled and the amount paid therefor will be reimbursed.
5. METHOD OF PAYMENT
The price of the Products ordered and any related delivery cost, if any, can be paid by Customer through PayPal by credit card (without registration on PayPal website), or by the personal PayPal account, username and password. Customer can pay the price of the Products ordered through an E-gift Card, by entering the related code in the specific section of the virtual shopping cart. Customer accepts expressly that Seller will perform its contractual obligations when the price of the Product(s) purchased is credited to the Seller’s bank account.
6. METHOD OF DELIVERY OF THE GOODS AND ACCEPTANCE
No Secrets Srl undertakes to process Customer’s orders within seven (7) business days and, in any case, within thirty (30) days as of the day after the date Customer placed the order. By filling in the personal information form used for the registration needed to perform this contract and for any further communication, Customer allows No Secrets Srl to communicate his/her personal data (address, telephone number) to trustworthy carriers and/or forwarding agents who shall deliver the Products purchased.
7. RIGHT OF TERMINATION AND REPAYMENTS
7.1 In accordance with the terms quoted below, Customer is entitled to terminate the contract and return the Products received without penalties.
7.2 Customer can terminate his/her contract under article 52 of the Italian Consumer Code within fourteen (14) calendar days as of the day in which Customer or a third subject indicated by Customer and other than the carrier receives the Products and acquires their material possession.
7.3 Customer can send a return request by e-mail to the address: email@example.com. In his/her e-mail Customer must indicate the code of the Product(s) that intends to return. Afterwards, Customer can return the Product(s) by his/her own carrier to the following address:
No Secrets Srl at (c/o) Iris 2002 – Via Enrico Fermi 38 – 20029 Turbigo (MILAN) – ITALY.
The Product(s) shall be returned intact, unwashed, undamaged and with the related label/tag; otherwise, Product(s) will not be repaid. Product(s) to be returned must be given to the carrier within fourteen (14) calendar days as of the related original delivery.
After returning the Product(s), Seller will verify their compliance with the terms and conditions quoted herein. If the right of termination is exercised in accordance with them, No Secrets Srl will repay Customer the amounts already credited for the purchase of the Product(s). Upon correct exercise of the right of termination and check of the Product(s) returned, Seller will repay the amount of the Product(s) purchased as soon as possible and, in any case, within fourteen (14) days as of the date in which Seller acknowledged the Customer’s request of termination.
7.4 If Customer receives a Product other than the one ordered, Customer can return it within the same range of time provided for the exercise of the right of termination above specified.
8. PRICES, DELIVERY COSTS, FEES AND TAXES
8.1. The price of the Products is quoted on the Website at the time Customer places his/her order. The prices include any standard packing expense, VAT (if applicable) and any other indirect tax (if any). Prices do not include delivery costs, which are calculated before Seller confirms the order to Customer and that Customer undertakes to pay to Seller in addition to the price quoted on the Website. The delivery and transport costs will be clearly quoted and displayed before the processing of the same order.
8.2 On the basis of the country of delivery of the Products, any related shipment cost will be displayed on the Website during the placing of the order concerned. Customer undertakes to pay delivery cost in addition to the price of the Products ordered.
8.3. Customer undertakes to pay Seller the total price indicated in the order and in its confirmation sent by e-mail by Seller to Customer.
8.4. When Products must be delivered in countries other than the European Union Member States, the total price quoted in the order and in its confirmation includes any indirect tax (if any), but constitutes net price of customs duties and of any other sales tax. Customer undertakes to pay them (if due) in addition to the price quoted in the order and in its related confirmation, under the provisions of law of the country in which the Products will be delivered. Customer is invited to consult any appropriate body of his/her country of residence or of destination of the Products in order to obtain information on any customs duty or tax applicable therein.
8.5. Under these general sales conditions, Customer undertakes to pay any other expense, duty, tax and/or fee applied to the Products ordered by the country indicated by Customer for the delivery.
8.6. Customer hereby acknowledges and declares that when sending an order to Seller, Customer’s lack of knowledge of any expense, duty, tax and/or fee as hereby specified in points 8.4 and 8.5 will not constitute a ground for cancellation of this contract. Therefore, Customer will not be entitled to charge them to Seller.
9. COMPLIANCE - GUARANTEE
With reference to the guarantees regarding the compliance of the Product purchased, Customer has the right to receive any legal guarantee provided for by law and by the articles 129, 130 and 132 of the Italian Consumer Code (under the Italian Legislative Decree no. 206/2005) on the legal guarantee of compliance of goods.
10. E-GIFT CARD
10.1. The virtual “E- Gift Card” is available in the fixed and variable amounts specified on the Website. This E-Gift Card can be used several times by Customer or by third parties to purchase any Product listed on the Website, until its amount is exhausted within 12 months from the purchase of the same Card. The E-Gift Card is not a nominal card and cannot be recharged.
Customer can buy one or more E-Gift Cards for a personal use or as a gift for third subjects.
The E-Gift Card purchased can be reused several times, until the related credit will be exhausted, and only for the purchase of Products on the Website, except in case of purchase of further E-Gift Cards.
10.2. The E-Gift Card can be bought on the Website and will be provided in electronic format or sent by e-mail.
10.3. The amount paid to purchase the E-Gift Card will be transferred to No Secrets Srl as interest-bearing deposit. It cannot be converted in cash, credited to a credit card or to a bank account.
11. METHOD OF PURCHASE OF THE E-GIFT CARD – CONCLUSION OF THE RELATED PURCHASE CONTRACT
11.1. If the E-Gift Card represents a gift to a third subject, this latest one will receive an e-mail after verifying the correct and full payment of the same E-Gift Card. The third subject who receives the E-gift Card has the right to use it until its amount will be exhausted and within 12 months from the purchase of the E-gift Card itself. The conditions thereof are explained in the sheet concerning E-Gift Cards to be given to third subjects. Customer will be required to indicate:
– Name of the sender
– E-mail of the recipient;
– Text of the message for the gift (optional);
– Date of delivery.
If Customer wishes to buy an E-gift Card for a third subject, he/she has to communicate the e-mail address of this third subject during the related purchase process. These data will be processed only to allow No Secrets Srl to send the E-Gift Card by e-mail to this third subject and the performance of any related obligation. Customer is informed thereon and declares to acknowledge that a mistake in quoting the e-mail address of the third subject to whom the E-Gift Card is sent will prevent the correct third subject to receive and use the same E-Gift Card. In this case No Secrets Srl has no liabilities therefor.
11.2. Before sending the E-Gift Card, Customer will view a summary of his/her order, whose contents can be modified. After a deep reading of the order, Customer shall accept expressly the sales conditions thereof by ticking the “Check-box” on the Website and then Customer shall confirm the related order by ticking the “Order Confirmation Box”. In this way, the order is definitively sent to No Secrets Srl and will produce the effects defined in section 4 of these general sales conditions. During the displaying of the summary of the order, Customer can pay by PayPal with credit card (without registration on the PayPal website) or can use the PayPal account by entering username and password and by communicating any relevant data through a protected connection. No Secrets Srl reserves the right to check the personal data quoted by Customer for accounting and administrative needs. In case of payment with credit card, the amount of the purchase will be credited only when Customer will receive the confirmation of the order by No Secrets Srl.
11.3. After completing the procedure specified in section 11.2, Customer will receive an e-mail of confirmation of the E-Gift Card order. This e-mail contains the number and the summary of the same order placed.
11.4. After verifying the payment of the order through the method chosen by Customer:
(i) Customer will receive an e-mail including the number of the order, the code of the E-Gift Card purchased and its amount, as well as its expiry date and a summary of any related detail of the card.
(ii) If Customer buys the E-Gift Card as a present for a third subject, Customer will receive an e-mail including the number of the order and the amount of the E-Gift Card.
(iii) The recipient of the E-Gift Card could result to be different from the Customer during the payment check. In this case, No Secrets Srl will send the recipient an e-mail with the name of the Customer who purchased the E-Gift Card, the text of the message wrote by the same Customer (if any), the conditions provided for the use of the E-Gift Card and any other detail concerning it (such as its code and amount).
12. METHOD OF USE OF THE E-GIFT CARD.
12.1. The E-Gift Card can be immediately used to purchase any Product on the Website as of the time Customer receives the email with the code of the E-Gift Card. The E-Gift Card can also be used to pay delivery costs, as well as greeting cards and gift boxes, if present and available on the Website. The E-Gift Card cannot be used to buy further E-Gift Cards. The use of the E-Gift Card involves no additional cost.
12.2. The recipient can use one or more E-Gift Card for the same order of Products on the Website.
12.3. The code of the E-Gift Card must be specified in the page of the virtual cart to purchase Products with it.
12.4. The E-Gift Card can be reused for several purchases on the Website until the amount credited is exhausted and within 12 months as of the date of purchase of the card itself. At the expiry date (that is after 12 months) the E-Gift Card cannot be reused and the receivable still included in the E-Gift Card cannot be repaid.
12.5. If the total amount of the order is higher than the credit available in the E-Gift Card, the residual amount must be paid by Customer or by the third subject with one of the methods of payment quoted on the Website to complete the order.
12.6. No Secrets Srl reserves the right to cancel the purchase order totally or partially paid with the E-Gift Card in case of non-availability of the Products. No Secrets Srl undertakes to:
- Reimburse the total amount paid in case of integral cancellation of the order. The amount paid with the E-Gift Card will be credited on a new E-Gift Card (whose code will be promptly communicated to Customer); the amount paid with another method of payment will be reimbursed with the same mean of payment selected by Customer at the time of confirmation of the order.
- Reimburse partially the amount paid in case of non-availability of some of the Products purchased. The amount paid with the E-Gift Card will be reimbursed on a new E-Gift Card (whose code will be promptly communicated to Customer) and with any other mean of payment used by Customer; the selection of the method of repayment will be made on the basis of the amount to reimburse.
12.7. Customer is expressly warned and declares to be aware that the knowledge of the code of the E-Gift Card allows its use by anyone on the Website; therefore, this code must be carefully kept by Customer or by the third subject who was informed thereon. With reference to the use of the E-Gift Card by Customer or by the third subject to whom the E-Gift Card is given, only the conditions and the writings of No Secrets Srl sales system, even the electronic ones, will be valid and effective.
12.8. Customer or third subject will have the possibility to verify the status of his/her own E-Gift Card (receivable and expiry date) in the virtual cart section by ticking “Check the E-Gift Card” and entering in the specific space concerned the code of the E-Gift Card.
13. RIGHT TO TERMINATE THE CONTRACT OF PURCHASE WITH AN E-GIFT CARD
13.1. Customer is entitled to terminate the contract of purchase with an E-Gift Card without penalties within fourteen (14) days from its purchase, which is as of the date of receipt of the e-mail with the code of the E-Gift Card. The right of termination specified in this section is excluded and cannot be exercised if the E-Gift Card has been partially or fully used for the purchase of Products.
13.2. In order to exercise the right of termination and if the term quoted in section 7.1 has not yet expired and the E-Gift Card has not been yet used, both partially and fully, to purchase Products, Customer must inform No Secrets Srl of his/her decision to terminate the contract in written form, by sending an e-mail to: firstname.lastname@example.org
13.3. After the steps quoted in section 13.2, No Secrets Srl Customer Service will contact Customer by e-mail to confirm the termination and the deactivating of the E-Gift Card with any related detail.
If Customer exercises the right of termination with reference to an E-Gift Card purchased as a present for a third subject, this latest one will receive an e-mail in which No Secrets Srl will communicate the deactivation of the E-Gift Card due to the right of termination exercised by Customer.
13.4. In case of termination under section 13.4 hereby, Customer will be reimbursed for the amount paid to purchase the E-Gift Card. Customer will be reimbursed without undue delay or, in any case, within fourteen (14) days as of the communication in which Customer expresses his/her intention to terminate the contract. This reimbursement will be made with the same method of payment used by Customer when he/she purchased the E-Gift Card.
14. RIGHT OF TERMINATION IN CASE OF PURCHASE OF PRODUCTS WITH E-GIFT CARD
14.1. In case of purchase of one or more Products on the Website with an E-Gift Card, Customer can exercise the right of termination under these general sales conditions. If Customer exercises the right to terminate the purchase of Products bought on the Website and paid partially or fully with the credit included in an E-Gift Card, the amount paid for the terminated purchase order will be repaid to the Customer in accordance with the conditions of termination provided for in section 7 of these general sales conditions. The amount paid for the purchase order will be reimbursed as follows:
- Total repayment in case of integral cancellation of the order. The amount paid with the E-Gift Card will be credit on a new E-Gift Card (whose code will be promptly communicated to Customer); the receivables paid by other methods of payment will be reimbursed with the same method selected by Customer at confirmation of the order.
- Partial repayment in case of non-availability of some of the Products purchased. The amount paid with the E-Gift Card will be credit on a new E-Gift Card (whose code will be promptly communicated to Customer) and on any other method of payment used by Customer; the selection of the method of repayment will depend on the amount to reimburse.
15.1 No Secrets Srl is not liable for any breach or disservice due to force majeure, including but not limited to accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events which could prevent totally of partially the performance of the contractual obligations within the terms agreed. No Secrets Srl is not liable to any contractual party or to third parties for damage, loss and expenses incurred for the non-performance of the contract due to the reasons above quoted. In this case, Customer has only the right to be reimbursed for the price paid.
15.2 Equally, No Secrets Srl is not liable for any fraudulent or illegal use by third parties of credit cards, checks and other means adopted for the payment of the Products purchased. Indeed, No Secrets Srl cannot view the number of the Customer’s credit card in any stage of the purchase process, in which Customer opens a protected network and is directly connected with the provider of the banking services.
16. DATA SECURITY
Although Seller adopts measures aimed at protecting personal data against their loss, falsification, manipulating and improper use by third subjects, and taking into consideration the technical features and limitations in the protection of electronic web communication, Seller cannot ensure that information or data viewed by Customer on the Website before and after his/her login will not be accessible or viewable by non-authorized third parties.
17. APPLICABLE LAW AND JURISDICTION
Any dispute concerning application, performance, construction and breach of the purchase contracts concluded on the Website www.nosecrets.com will be governed by the Italian Law. These general sales conditions comply with the provisions of the Italian Civil Code (even if not expressly mentioned), as well as with the Italian Legislative Decree no. 205/06 (so-called “Italian Consumer Code”). It is hereby expressly excluded the application of the UN Convention on Contracts for the International Sale of Goods – “CISG”.
In case of dispute relating to these general sales conditions, Customer is informed about the possibility to use the platform ODR (Online Dispute Resolution) to settle any users’ online dispute under the EU Regulation 524/2013 and under the Italian Legislative Decree no. 130/2015, adopted to implement the EU Directive no. 2013/11. This platform is active and available at the following web address: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT. However, Customer may take any other ordinary legal action to settle disputes arising from construction, validity and/or performance of these general sales conditions. In this latest case, the territorial mandatory jurisdiction will be the court of the place of Customer’s habitual residence or domicile.
18. PERSONAL DATA PROCESSING