Terms and conditions
This page (together with the documents referred to) indicates the terms and conditions under which we supply the products (Products) listed on our website. Please read these terms and conditions carefully before ordering any Product from our site. It is important to understand that by ordering any of our Products, you agree to be bound by these terms and conditions. All sales are subject to the terms and conditions set forth herein and any additional or different terms proposed by you are disputed and will have no effect, unless accepted in writing by us. It is recommended that you print a copy of these terms and conditions for future reference.
1. Who are we
1.1 www.womansecret.it is a trademark owned by My Personal Beauty, a company registered in the Italian Republic with the company code 12765681007 and with its registered office in Catania, in Via Lugi Rizzo, 18 CAP 95131.
2. User status
By placing an order through our site, you warrant that you:
(a) be legally able to enter into binding contracts; And
(b) be at least eighteen (18) years of age.
3. Conclusion of the Agreement between us and the user
3.1 After placing an order, the user receives an e-mail message from us confirming receipt of the order. Note that this does not mean that the order has been accepted. The order constitutes an offer to purchase a Product. All orders are subject to acceptance by us and we will confirm this acceptance by sending an e-mail confirming the shipment of the Product (the Shipment Confirmation). The contract between us (Contract) will only be entered into when we send the Shipment Confirmation.
3.2 The Contract will cover only those Products whose shipment has been confirmed in the Shipment Confirmation. We will not be obligated to supply any other Products that may be included in your order until the dispatch of such Products has been confirmed in a separate Shipping Confirmation.
4. Consumer rights / Right to reconsider
4.1 If you enter into a contract as a consumer, you can cancel the contract at any time within fourteen (14) calendar days, starting from the day following receipt of the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refund policy (described in paragraph 9 below), subject to the return of the Products in question. The refund will be issued upon receipt of the order returned to our warehouse.
4.2 To cancel a Contract, it is necessary to inform us in writing by sending an e-mail to info@womansecret.it and immediately return the Product (s) to us (within fourteen (14) calendar days from the date on which we are notified of the intention to exercise the right to reconsider), in the same conditions and in the packaging in which they were received, at their own expense and at their own risk.
4.3 Details of this legal right and an explanation of how to exercise it are included in the Shipment Confirmation. This provision does not affect the buyer's statutory rights.
5. Availability and delivery
5.1 The order will be processed by the delivery date indicated in the Shipment Confirmation or, if the delivery date is not specified, within thirty (30) days from the date of the Shipment Confirmation, except in exceptional circumstances.
5.2 Our failure to deliver the Products within the agreed time period will not constitute a breach of the contract on our part and you will not be entitled to damages or other compensation, nor to cancel the contract due to such non-delivery. Where technical or other requests requiring buyer's approval result in delays in processing the Product, the delivery time is automatically extended by the time needed to respond to such requests.
6. Risk and title
6.1 To and from shipment, you are responsible for any loss, damage or deterioration of the Products for any reason, unless otherwise agreed in writing by us.
6.2 Ownership of the Products will pass to the purchaser only when we receive full payment of all monies due in respect of the Products, including shipping charges, if any.
7. Price and payment
7.1 All prices will be payable in the currency indicated.
7.2 The price of any Product will be indicated on our site, except in the event of an obvious error. These prices include VAT, but exclude shipping costs where applicable.
7.3 All prices indicated are subject to periodic changes or withdrawals without notice, but the changes will not affect orders for which a Shipment Confirmation has already been sent.
7.4 Our site contains many Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our shipping procedures so that when the correct price of a Product is lower than the stated price, we will charge the lower amount when the Product is shipped. If the correct price of a Product is higher than the price indicated on our site, we will normally, at our discretion, contact you for instructions before sending the Product, or we will refuse your order and notify you of such refusal.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after sending a Shipment Confirmation, if the pricing error is obvious and unambiguous and could have reasonably been identified as an incorrect price. .
7.6 Payment for all Products must be made by credit / debit card or any other payment mechanism made available on the site. We will require payment of the full amount upon confirmation of the order.
8. Description of the products
8.1 All products are supplied subject to reasonable availability of suitable materials and we reserve the right, upon notice, to substitute suitable materials.
8.2. All drawings, specifications, brochures, catalogs, labels, price lists and advertising items are intended merely to present a general idea of the products or services provided by us and are not intended to constitute a sale by description, nor will they be part of any contract.
8.3 All drawings and specifications are and will remain our property and must not be copied, reproduced or disclosed directly or indirectly to any other person without our prior written consent.
9. Complaints and Refunds
9.1 We will not consider any complaint relating to the Products, unless the complaint is received by us in writing within fourteen (14) days of delivery. We will not consider any complaint relating to the delivery of the Products, unless the complaint is received by us in writing within twenty eight (28) days of delivery.
9.2 You are not authorized to return any of the Products supplied by us unless covered by the fourteen (14) day right to reconsider period or the Products are found to be defective in workmanship or materials during the warranty period of two ( 2) years (with reference to paragraph 10 below). You are responsible for all shipping charges for returning Products during the fourteen (14) day cooling off period. When you return a Product (for example, because you have canceled the Agreement between us during the fourteen (14) day cooling-off period, or because you claim that the Product is defective), we will examine the returned Product and notify the buyer regarding the refund (for the price paid for the Product) by email within a reasonable period of time. We will usually refund the money received using the same method originally used to pay for the purchase. We will normally process the refund due as soon as possible and, in any event, within thirty (30) days from the day we received the cancellation, or the day we confirmed by email that the buyer was entitled to a refund in exchange for delivery of the defective Product.
9.3 If a claim has been made in accordance with the provisions of this clause and we agree that the goods are defective due to defects in workmanship, at our discretion:
(a) we will repair the goods; or
(b) when the defective merchandise has been returned, we will deliver replacement merchandise, or
(c) we will cancel the contract immediately.
9.4 In agreeing to take such action, we will specify whether the cost of such action will be borne by us or the buyer, or partly by us and partly by the purchaser.
9.5 For the purposes of paragraph 9.1, time will be deemed of the essence.
9.6 Products returned within the fourteen (14) day right of reconsideration period (see paragraph 4.1 above) will be refunded in full, including the cost of shipping the item. However, the buyer will be responsible for the cost of returning the item.
10. Our responsibility
10.1 We warrant that any Product purchased from us through our site is of marketable quality and conforms to the specifications set forth in the accompanying documentation and is free from defects in design, materials and workmanship for a period of two (2) years from the date of delivery. .
10.2 Our liability in relation to any Product purchased through our site is strictly limited to the purchase price of such Product.
10.3 Exceptions from the provisions of Sections 13, 14 and 15 of the English Sale of Goods Act (as set out in Section 10 of the Sale of Goods and Supply of Services Act 1980 ("the 1980 Act") contained in this Clause must, in all cases other than a contract for the international sale of goods (as defined in the 1980 Act) are subject to the restrictions on such exemptions, contained in section 55 (4) of the 1893 Act (as provided in Section 22 of the 1980 Law).
10.4 We accept no liability for any loss of revenue or turnover, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office hours or for any indirect or consequential loss or damage. of any nature, however arising and if caused by unlawfulness (including negligence), breach of contract or other, even if foreseeable.
11. Import duty
11.1 If you order products from our site for delivery outside the European Union, they may be subject to import duties and taxes that are collected when the delivery reaches the specified destination. The buyer will be responsible for paying such import duties and taxes. Please note that we are not in control of these costs and cannot predict the amount. Please contact your local customs office for more information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are intended. We will not be responsible for any violations of these laws.
12. Written Communications
The laws in force require that some of the information or communications that are sent to the buyer be in writing. When using our site, you agree that communication with us is primarily electronic. We will contact users by email, or provide them with information by posting notices on our website. For contractual purposes, the user accepts this electronic means of communication and acknowledges that all contracts, notices, information and other communications provided electronically meet the legal requirements that prescribe the written form for such communications. This condition does not affect the buyer's statutory rights.
13. Notifications
All notifications addressed to us must be sent to My Personal BB, Via Luigi Rizzo, 18, 95131 Catania.
We may inform you at the postal address or e-mail address you provided us with when placing your order, or through one of the methods specified in paragraph 12. The notification will be deemed to have been received and correctly delivered at the time of publication on our website, twenty-four (24) hours after an email is sent, or three (3) days after the date of posting of any letter. To prove the dispatch of any notification, it will be sufficient to prove, in the case of a letter, that such letter has been correctly addressed, stamped and sent by post and, in the case of an e-mail, that such e-mail has been sent. to the specified e-mail address of the recipient.
14. Transfer of rights and obligations
14.1 The contract between us and you is binding on both of us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of any Agreement, or any of your rights or obligations under such Agreement, including any warranty rights in the Product, without our prior written consent.
14.3 We may transfer, assign, charge, subcontract or otherwise dispose of a Contract, or any of our rights or obligations under it, at any time during the term of the Contract.
15. Force Majeure
15.1 Without prejudice to the generality of any previous waiver or limitation of liability, we will not be liable for any failure or delay in the performance of any of our obligations under a Contract, caused by events beyond our reasonable control ( Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-occurrence, omission or incident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lockouts or other industrial actions.
(b) civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) impossibility of using railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) impossibility of using public or private telecommunications networks.
(f) acts, decrees, laws, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed suspended for the period that the Force Majeure Event continues and we will have an extension of time for performance for the duration of that period. We will make every reasonable effort to resolve the Force Majeure Event or to find a solution whereby our obligations under the Agreement can be fulfilled despite the Force Majeure Event.
16. Waiver clause
16.1 If at any time during the term of an Agreement, we fail to insist on compliance with any of your obligations under the Agreement or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this does not constitute a waiver of such rights or remedies and does not release you from compliance with any such obligation.
16.2 A waiver by us to enforce any default will not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions will be valid unless expressly stated as a waiver and communicated to you in writing in accordance with paragraph 13 above.
17. Severability clause
If any of these Terms and Conditions or any provision of a Agreement is found to be invalid, illegal or unenforceable by any competent authority, that term, condition or provision will be removed. The remaining terms, conditions and provisions will remain valid to the fullest extent permitted by law.
18. Indivisible Agreement
18.1 These terms and conditions and any documents expressly mentioned in them represent the entire agreement between the parties in relation to the subject matter of any Agreement and supersede any previous agreement, understanding or agreement between the parties, whether verbal or written.
18.2 Each party acknowledges that, in entering into an Agreement, neither has relied on any representation, commitment or promise given by the other, or which is implied by anything said or written in negotiations between the parties prior to such Agreement, except as expressly stated in these terms and conditions.
18.3 Neither party will have any remedy in respect of any false statement made by the other, verbally or in writing, prior to the date of any Agreement (unless such false statement was made fraudulently) and the other party's only remedy will concern the breach of the contract, in accordance with the provisions of these terms and conditions.
19. Our right to vary these terms and conditions
19.1 We have the right to periodically review and amend these terms and conditions.
19.2 You are subject to the policies and terms and conditions of use in effect at the time you order products from us, unless any changes to these policies or these terms and conditions of use are required by law. or by the government authority (in which case it will apply to orders previously submitted by you), or if the change to these policies or these terms and conditions of use is communicated prior to sending the Shipment Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions of use, unless you notify us otherwise within five (5) calendar days).
20. Law and competent court Contracts for the purchase of Products through our site will be governed by the laws of the Italian Republic. Any dispute arising from or related to these Contracts will be subject to the non-exclusive jurisdiction of the courts of the Italian Republic.