Sales terms and conditions

These Terms and Conditions of Sale cover the Products and Services set forth in Article 3 below and are valid between the Seller and any User who performs, either as a Consumer under applicable regulations or as a Professional, a purchase on the Website and set forth the conditions of use of the Website. Any forbearance of the Seller to conduct that is in violation of the provisions of these conditions shall not constitute a waiver of the rights to which such party is entitled under the foregoing. If any of the terms and conditions are found to be void or ineffective, any such invalidity or ineffectiveness shall not extend to the remaining provisions of these terms and conditions.

The Site is engaged in retail sales, under Electronic Commerce, primarily of:

– Period costumes and accessories made by hand and in limited numbers, tailored and customized, as described in the individual descriptions on the site, complete with instructions, also downloadable in pdf format, for size selection. All accessories listed per individual dress are also included and can be purchased separately. Dresses are not provided on a trial basis. Although the Seller can provide precise indications on the characteristics of the dresses and accessories, the Customer is and remains solely responsible for the choice of what is ordered. For special orders and/or for number of orders greater than 1 concerning the period costumes, it is necessary to contact the Seller in advance by e-mail at the following address: info@secret-times.it, as the same will have to evaluate whether or not to accept the order according to the model requested and the amount of work;

– Haberdashery materials such as yarns and fabrics cut to size or in standard sizes;

– Original patterns with the kit useful for making them;

All products offered are described and illustrated within the Site, in their respective sections. The images of the Products on the Site are for demonstrative and illustrative purposes and are represented as best as possible. However, some errors, inaccuracies or minor differences between the graphic/photographic representation of the Product and the actual Product may become apparent. Therefore, the photographs of the Products presented on the Site do not constitute a contractual element, as they are merely and symbolically a representation of the Product bought and sold. Given this particular mode of sale, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are contestable only if notable.

– Paper patterns in printable digital format for making dresses in pdf format;

– Embroidery files provided in different formats according to the Customer’s sewing machine;

– Online Video Courses on the platform, independently usable by the User, with no time limit or deadline;

– Personal organization templates formatted with Notion software;

– Individual online and/or in-person counseling with the Vendor;

– Access to closed Facebook Group to receive assistance and response from the Vendor;

– Training course that provides access to numerous resources on the site.

– Gift cardwith a minimum value of 25 euros to make purchases on the Vendor’s website.

The prices of the Products and Services are displayed in euros. The shopping cart will specifically display in detail:

– the price of the Product;

– the delivery charges.

Prices may be subject to change. In such cases, the prices published at the time of the Order on the online store are considered. The price of the Service is displayed on the Website. The Seller reserves the right to change the price, at any time, without prior notice, provided that the price charged to the User shall be the price displayed on the Website at the time the order is placed and that no account shall be taken of any changes ( either an increase or decrease) after the transmission of the order.

In order to be able to make purchases from the Site, the User will have to make a special registration, through which he/she will have to enter his/her personal data and choose the methods of sale and use of the Services. The User must provide all the data requested by the Site and is responsible for the accuracy and correctness of the data.

When entering data, the User warrants that he/she:

– is of legal age and legally capable;

– possess the proper requirements for registration requested at the time of registration;

– comply with all legal and contractual regulations applicable to these Terms and Conditions;

– is the rightful owner of the data entered, which shall be understood to be true, correct and up-to-date.

Registration coincides with the opening of an account.

In cases of abuse, the Seller reserves the right not to accept the registration, revoke it, as well as to provide for reporting to the competent Authorities.

Upon registration, the User will be asked to give name, email and a password, which the User will be responsible to guard, keep secret, use on their own and not give away. From the user area it is possible to access and modify their data, check their purchases, view the status of their orders. The e-mail address given during registration allows the Seller to notify the User of all messages related to the Services, Products and the Site in general. The use of temporary e-mails for registration is prohibited. All transmitted data will be treated in the utmost respect of the Privacy Protection Legislation. The Seller will use them to complete orders and only if explicit consent is given in this regard, the data may also be processed for the purpose of providing information on its initiatives, such as news or promotional discounts.

The User may purchase all Products and Services offered for sale within the Site, as described in the relevant information statements, by following the purchase procedures provided in the Site itself. At the time of purchase, the Customer must follow all the instructions contained on the appropriate page of the Site For the purchase of the Products and Services, the Customer must complete and send to the Seller the Purchase Order form in electronic format, following all the instructions contained on the appropriate page of the Site. He/she will find a summary of the main commercial conditions, including price, means of payment and method of delivery, as well as information on the main characteristics of the ordered Products and a reference to the Terms and Conditions. The Customer must indicate the type of dress with the relevant measurements, put the Product and/or Service he/she wishes to purchase in the appropriate “Shopping Cart” and, after having read the Terms and Conditions, with particular reference to the contribution for delivery costs, the methods of exercising the right of withdrawal, and the Privacy Policy, he/she must select the desired method of payment and proceed with the payment.

When placing an Order, the Customer must submit complete and correct data as invoicing must be issued by the day of payment. The applicable Terms and Conditions are those in effect at the time of the Order and can be found on the Site. The contract entered into between the Seller and the Customer shall be deemed concluded with the acceptance of the Order, by the Seller. Acceptance of the Order will be communicated by the Seller to the Customer by means of an email, sent to the email address provided. The Seller reserves the right to evaluate the acceptance of orders received in particular also by the number of period costumes ordered by the same or more Customers and may reject purchase orders. The Seller will notify the Customer of any inability to accept the orders received in the shortest possible time starting from the time the Customer has transmitted the Order and will refund any sums already paid by the Customer for payment of the Products. Any right of the Customer to damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partially, of an Order by the Seller.

The payment methods available on the Site are as follows:

• Payment by Bank Transfer

In this case, the Order is considered completed when the Seller receives the actual crediting to its bank account, which must take place within 2/3 working days of its execution. Beyond this deadline, the Order will be deemed automatically cancelled. The dispatch of what has been ordered will take place only upon the actual crediting of the amount due to the Seller’s bank account.

• PayPal

If the Customer chooses to pay via the PayPal platform, upon payment his browser will be directed to a secure server page with SSL encryption by entering his username and password or by creating a new account easily and immediately. PayPal protects the buyer’s information as no financial information is passed. A confirmation email from PayPal will be sent with each transaction made by this method. The amount of the order is charged to the PayPal account when the order is taken. In case of cancellation the amount is refunded to the Customer’s PayPal account.

• SUMUP Credit Card

If the Customer chooses to pay by credit card, the amount is charged directly to the credit card (Visa, Visa Electron, Mastercard) or prepaid card (PostePay, PayPal, etc.). Customer information is confidential as no financial information is saved. A confirmation e-mail will be sent with each executed transaction. In case of cancellation the amount will be refunded to the Customer’s account.

All material prepared by the Seller shall remain the property of the Seller. The Seller grants the Customer the ability to view the material for personal use only, without the ability to download, copy, disseminate, reuse, sell it as well as any other action not expressly provided for and specifically agreed with the Seller. As a result of purchasing the Service, the Customer does not acquire any rights to the content prepared by the Seller. All rights not expressly granted are reserved. Any behavior contrary to these Terms and Conditions on the part of the Customer entitles the Seller to immediately exclude him/her from the Site and to take action in the appropriate venues and forms.

In creating his/her profile, the Customer undertakes to provide his/her personal data in a correct and truthful manner and not to upload illicit content.

The Customer undertakes to use the services of interaction offered by the Seller for the sole purpose of comparison with regard to the topics covered by the purchased Service and the topics covered by the Seller, having to consider prohibited any form of contact aimed at the promotion of goods or services and, more generally, any activity of spamming, unfair competition, sharing of external links, sharing of videos or further activity or behavior that violates the regulations in force or may bother other members in any way. The Client hereby assumes all responsibility for any content that is unlawful, contrary to decency, morality or infringing on the rights of others.

All Users shall use the Site by strictly adhering to these Terms and Conditions. The User undertakes not to use the site and its services for illegal purposes or contrary to these terms and conditions of use, or in ways that could damage its functionality, rendering it unusable, cause overloading, deterioration and/or interference with the use of the same by other Users. Any behavior from which, even by mere attempts, unauthorized access to the site, the Service sold by the Seller, other accounts, systems or networks connected to the same through hacking, password forgery or other means are prohibited.

All the contents of the Site are protected and safeguarded by current copyright and industrial and intellectual property laws. By way of example and not limited to the content of the Site must be understood as: the domain name, its sub-domains, trademarks, all texts, any graphic representation and/or text in general, photographs, and movies. All intellectual and industrial property rights relating thereto are the exclusive property of the Seller, are reserved to it and are not and will not be transferred or licensed under any circumstances to the Customer and/or User. Therefore, the User or the Customer shall not reproduce, duplicate, copy and redistribute, retransmit including to other websites, transfer or otherwise make available to third parties for any reason whatsoever or otherwise use for purposes other than storage and/or consultation the Sites and/or Site Content, without the prior express and formal approval of the Seller. All material prepared by Seller shall remain the exclusive property of Seller.

Estimated lead times for the garment are indicated on each product specification. All products travel insured. Seller will deliver purchased Products by specialized carriers, with standard service, Monday through Friday, excluding holidays and national holidays. Products shipped within Italy are indicatively delivered within 3-5 business days and within 7 business days in inconvenient areas and islands. Products shipped within the European Union are indicatively delivered within 5-8 business days of shipment, while for Products shipped outside the EU, the timeframe varies by country. The above delivery terms are indicative only and not deemed essential. Any variances to the above will be promptly communicated to the Customer via e-mail. The cost of shipments may be free above certain thresholds indicated on the website.

Upon delivery, the Customer must check that the packaging is intact and clean and that the Products received correspond to what was purchased. In the event that a product that is damaged in transit or different from what was ordered arrives, the Customer must carefully document with photographs the steps involved in unpacking the goods so that any damage can be proven. The Customer may request from the Seller by email at: info@secret-times.it, a replacement and the Seller will send back the correct product and pick up the product to be replaced at the Customer’s home and at the Customer’s expense. The Customer will only have to prepare the goods for collection carefully packed and complete with all its parts, including transport documents. In any case, he/she will be contacted as soon as possible by the Seller to be informed about the timing of Product replacement. Due to the place of delivery of the goods, purchased Products may be subject to import taxes and/or customs duties, the amount of which may vary depending on the country of destination. Therefore, it is not possible to predict in any way whether and what costs would be incurred for customs clearance of the purchased goods. Accordingly, any costs related to import taxes and/or customs duties will be borne solely by the Customer. In case of export of goods to non-EU countries, the relevant customs duties shall be borne by the Customer. The customs duties due vary depending on the country of destination. The Customer is obliged to inform himself about the relevant regulatory provisions and he bears the corresponding responsibility. Customs duties are not considered shipping costs and are therefore borne by the Customer.

The User may cancel the Order placed by sending a written notice to the Seller at: info@secret-times.it until the Product has been put into processing.

Purchases made by the Consumer Customer at the Site, except as specified below, are covered by the guarantee of the right of withdrawal, which gives the opportunity to return, for any reason, the purchased product and to obtain a refund of the expense incurred within 14 days To exercise this right within 14 working days from the date of delivery of the goods, it is sufficient to notify the Seller that you wish to withdraw in whole or in part from the purchase by email to: info@secret-times.it. Within the same period, the Customer must arrange for the shipment of the goods reinstated in their original packaging, undamaged and in perfect condition complete with all its parts and carefully packed to the Seller’s premises. The package must include all documents received. No cash-on-delivery packages will be accepted. The only charges required are those related to the return of the product. Upon receipt of the goods no later than 14 days, the Seller will refund the cost of the goods shipped. Excluded from the refund are expenses incurred in returning the goods. Without prejudice to the foregoing, finally, please note that the Customer is responsible for any decrease in the value of the Products resulting from handling of the goods other than what is necessary to establish their nature, characteristics and operation.

The Customer expressly acknowledges and accepts:

• the right of withdrawal does not apply to products received more than 15 working days (in which case the return of the goods will be refused).

• ithe right of withdrawal cannot be exercised in the event that the purchased products have been used, assembled even partially.

• the right of withdrawal is excluded for the purchase of the historical clothes made to measure and customized.

• ithe right of withdrawal is excluded in case of purchase of haberdashery products cut to size.

• the right of withdrawal is excluded in accordance with art.59 D. lgs. n. 206 of 2005 in case of execution of the provision of the Service before the expiration of 14 days from the date of its purchase.

The right of withdrawal is excluded in any case for Professional Customers (purchase with VAT number).

The Consumer Customer has the right to the legal guarantee of 24 months in accordance with Legislative Decree 206/2005 and its subsequent amendments. In case of receipt of Products that do not comply with the orders or are defective, the Customer must notify the Seller by e-mail, accompanying any photographs and details. In order to take advantage of the warranty, it is necessary to show the purchase documents.

In case of lack of conformity of the goods, the consumer has the right:

• to the restoration of conformity,

• or to the proportional reduction of the price,

• or to the termination of the contract.

For the purposes of restoration to the conformity of the good, the Consumer may choose between repair and replacement, provided that the remedy chosen is not impossible or excessively burdensome for the seller taking into account:

• of the value of the good in the absence of the defect,

• the extent of the defect,

• the possibility of pursuing the alternative remedy without inconvenience to the Consumer.

The Consumer is entitled to a proportional reduction in the price or termination of the contract:

• if the Seller has failed to repair or replace the goods,

• if a lack of conformity becomes apparent despite an attempt to restore the good,

• if the lack of conformity is so serious as to justify the price reduction or termination,

• if the Seller has declared or it appears from the circumstances that it will not restore conformity within a reasonable time.

The Consumer does not have the right to terminate the contract if the lack of conformity is slight and it is up to the Seller to prove it.

The Consumer is entitled to a price reduction proportional to the decrease in value of the goods.

In case of termination of the contract, it shall be exercised by direct declaration to the Seller. If the lack of conformity concerns only some of the delivered goods, the contract may be terminated limited to them. In case of termination, the Consumer:

• must return the goods to the Seller at the latter’s expense,

• the Seller shall refund to the Consumer the price paid for the goods upon receipt of the good or evidence provided by the Consumer as to whether the good has been returned or shipped.

If the Customer is a Professional, he is not entitled to the legal guarantee of conformity but only the legal guarantee provided for by the Civil Code, whereby in the case of defects in the Products sold that make them unfit for use or that are such as to appreciably diminish their value, the same may request a reduction in price or termination of the sale in the cases provided for by the same Civil Code and to this end must notify the Seller of the presence of the defect within 8 (eight) days of its discovery, and in any case within 1 (one) year of delivery.

The Seller’s liability is intended within the limits of its obligations under these Terms and Conditions and the amount paid at the time of purchase;

The Seller is not responsible for the conduct of Users and the information shared by them.

The User warrants that he/she will use the Website in accordance with the conditions and for the Services established and offered by the Seller, excluding any use that is intended for illegal purposes or contrary to the provisions of these Terms and Conditions of Use and otherwise in ways that could damage, render it unusable, overload or deteriorate it or interfere with the use of it by other Users.

Seller shall not be liable to Users or parties directly or indirectly related to them for delays, disruptions or suspensions of the platform;

The Seller shall not be liable for the increase or failure to increase business from the User’s business, for failure to achieve desired results from investments and costs incurred, and for any damages resulting from the Services offered.

The Seller shall not be held liable for omissions or errors that may be contained in the materials, nor, again, for any infringement of the rights of others and damages, including indirect, consequential to it, or for other damages of any kind, including resulting from loss of the right of use, loss of information or loss of earnings or arising from breach of contract, negligence or other tortious action, arising out of or in any way connected with the use of the information contained in the Platform.

The Client may cancel the Consultation within 24 hours prior to the same with the possibility of receiving a refund of the same from the Seller. In case of cancellation after this deadline, the Client acknowledges and accepts that the Seller will not have to refund any amount paid.

The failure of the Seller to exercise a right does not represent any waiver of its right to take action against the Customer or any third party for breach of commitments. The Seller, therefore, reserves the right to enforce its rights in any case, within the terms granted.

These Terms and Conditions are entirely governed by Italian law. Any dispute arising in connection with the validity, interpretation, execution and termination between the contracts entered into online by the Customer Consumer with the Seller shall be under the exclusive jurisdiction of the Court of the judge of the place of residence of the Consumer (so-called consumer forum).

Any dispute arising in relation to the validity, interpretation, execution and termination between the contracts entered into online by the Professional Customer with the Seller shall be under the exclusive jurisdiction of the Court of Modena.

The Seller assumes no liability for inefficiencies attributable to force majeure that prevented, in whole or in part, the execution of the contract in the time provided. The Seller shall not be liable to Customers for any damages, losses and costs incurred as a result of the non-execution or delayed execution of the contract, the Customer is entitled only to a refund of the price paid.
The Seller shall not be liable for damages resulting from disconnections, interruptions of the Site, as well as the loss of data consequently occurred and attributable to the same.

In case of force majeure, the execution of the Order will be suspended.

This suspension may last for a maximum period of 3 (three) months, after which it will deem the Order automatically cancelled.

The failure of the Seller to exercise a right does not represent any waiver of its right to take action against the Customer or any third party for breach of commitments. The Seller, therefore, reserves the right to enforce its rights in any case, within the terms granted.

The Personal Data provided or acquired will be subject to processing based on the principles of fairness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. The Seller, as the Data Controller, processes Users’ Personal Data by taking appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of Personal Data. The Processing is carried out by means of computer and/or telematic tools, with organizational methods and logic strictly related to the indicated purposes. The User’s Data are collected for the execution of pre-contractual measures; to fulfil the obligations arising from the stipulated contract; for the registration procedure aimed at the purchase of Products; to follow up on specific requests addressed to the Controller by the User; to send promotional and commercial information and offers also through the newsletter service on the basis of the consent freely expressed by the User; for soft spam purposes for promotional communications having as object the Products purchased without the need for the express and prior consent of the User, as provided for by art. 130, 4 paragraph, Privacy Code as amended by Legislative Decree no.101 of 2018. Therefore, the Customer is invited to carefully read the information on the processing of personal data (Privacy Policy)made pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to processing where required (Cookie Policy).

According to Article 49 paragraph 1 letter V of Legislative Decree No. 206/2005 (Consumer Code), the Customer may make use of the Joint Conciliation Procedure (ADR).

Pursuant to Art. 14 of Regulation 524/2013, in the event of a dispute, the Customer may file a complaint through the ODR platform of the European Union For more information contact the Seller.

For further information of any kind you can contact the Seller at the following contact details: info@secret-times.it.

Pursuant to Articles 1341 and 1342 of the Civil Code, the Customer declares that he/she has carefully read and accepts all the clauses of these Terms and Conditions of Sale and in particular those of Articles 3, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18 and 19.