Terms of service of the App The Secret Gate
General sales conditions for the luxury shop
The Secret Gate s.r.l, in the person of the pro tempore legal representative, with registered office in via delle industrie, 7, Silea, Treviso, VAT number 05398070267, licensee of the application called“THE SECRET GATE” (“Application” below)
– that The Secret Gate S.r.l (T.S.G. below) manages the application The Secret Gate, which allows placing listings to sell handmade products,
– that The Secret Gate application, run by T.S.G., operates only as an intermediary, as a digital platform with a communication channel function capable to connect seller/supplier and buyer/customer (parties between whom the sale is actually constituted); and therefore no responsibility with regard to the transaction and the orders management falls on T.S.G.
–that the seller/supplier assumes all burden and responsibility towards the buyer, declaring to possess all the necessary skills to operate, as well as the adequate organizational and professional skills to perform the service in complete freedom and total managerial autonomy, with his own staff, resources, at his own risk and with extreme care;
– that the App is intended for commercial transactions between suppliers/sellers, carefully selected by The Secret Gate S.r.l. and consumers;
– that on the App takes place the product and supply meeting of goods as defined at point 1.1 and that it’s possible to conclude online sales contracts;
– that the expression: “General Sales Conditions” means the contract of sale related to the goods of the suppliers concluded between the Seller and the Buyer, through a remote sales system organized by the Seller;
– that for this contract the remote communication technology through internet network will be used;
– that the purchase by buyers on the site is governed by these General sales conditons;
– that the Buyer takes on the role of the consumer, meaning that he is the natural person who performs the purchase, in accordance with the present contract, for non referable purposes to any commercial or professional activity eventually carried out;
– that all the sales contracts will be concluded directly by the Buyer, through the access to the App named The Secret Gate, following the procedures set out to access the reserved area of the application, the direct purchase through the e-shop of the app &/or the dedicated section for the online negotiation;
– that the brand and logo relating to the App are for exclusive use of The Secret Gate S.r.l. licensee;
– that during the drafting of these General Sales Conditions, terms of common use in the field of information technologies have been used and that, in case of any disagreement in regards to their interpretation or their meaning, the content of the main publications of the specialized literature on the subject will be considered;
– that these premises are integral and substantial part of the contract;
the following contents are agreed:
1.1 In these General Sales Conditions, the following terms mean as here specified below:
Purchase: contract by which the Customer, after the payment of the price, is enabled to buy the Service &/or the Product.
Customer/Buyer: the individual of legal age that buys the Service &/or the Product, by sustaining its price.
Seller/Manufacturer: the subject who materially produces through his creative work and manual labor the good object of the sale, as diplayed in the digital showcase of the e-shop section of the App and that phisically deals with the management and sending of the order, as commissioned by the Customer/Buyer through the application. On the Seller/Manufacturer falls any burden arising from the sale, after the bought of the good by the Customer/Buyer.
Intermediary: agent of the application The Secret Gate, represented by The Secret Gate licensee, that puts the effective parts who conclude the sales contract together, in particular: Seller/manufacturer and Customer/Buyer.
Online sales contract: it means the distance contract between a Seller and a Buyer final consumer, through an online sales system run by The Secret Gate, which uses the remote communication technology named internet.
Consumer Code: the Legislative Decree of the 6th of September 2005, n. 206, laying down the reorganization and the dispositions for the protection of consumers.
Products: it refers exclusively to movable assets and additional services related to these goods (including but not limited to: personalized advices, take the measures at home and so on) present in the electronic catalogues of the App.
Buyer: final consumer-customer authorized to operate on the App in order to buy the products, according to the methods indicated in these General Conditions;
General Contract Conditions: the set of all the dispositions which regulate the purchase of the Product/s and Service/s, as well as the use of the Service by the Client.
Consumer: the individual who acts for purposes unrelated to business, commercial, artisanal or professional activity eventually carried out, (art. 3, par I, lett. a) Consumer Code).
Device: any device with internet access.
Total Amount Due: the purchase price of the Service/s &/or Product/s including any other resulting additional costs from the order submitted by the Client.
Payment methods: payment instruments admitted for each time and specific case on the Site or the App.
Commercial Offer: the set of the characteristics of the Service/s &/or Product/s, of terms, commercial and economical conditions referred to the Services and/or Products commercialized by the Seller and the methods of use of the Service.
Multiple Order: order regarding a plurality of Services &/or Products.
Payment Receipt: document containing the details of the costs incurred for the purchase. The Payment Receipt will be sent to the e-mail adddress that the Client has indicated during thepurchase phase.
Site: website owned by The Secret Gate and accessible at: www.thesecretgate.com
Application / App: the application owned by The Secret Gate that can be downloaded on mobile phones, and by which, after the download and registration, it is possible to make online purchases of products made and sold by third parties.
2. Subject of the contract
2.1 These general conditions, made available to the Buyer for reproduction and conservation, according to the art. 12, Leg. Decree 9th of April 2004, n. 70, have as their object the purchase of products, done remotely and through the data transmission network, by the use of the internet application belonging to the Secret Gate.
With this contract, respectively, the Seller sells and the Buyer buys by remote the mobile assets &/or their eventual ancillary services, as mentioned below.
2.3 The goods &/or their eventual ancillary services subject of this contract are all products chosen by the Buyer and added to the virtual shopping cart, following the online purchase procedures indicated in the app.
2.4 The products &/or their eventual ancillary services as indicated in the previous point are shown in the website and on the App within the corresponding section of the Seller.
N.B. In the product’s listings and related images on the App, brands, logos and/or signature of the craftsman will not be highlited; however, the products received may bear the signature or logo of the Manufacturer.
2.5 The Seller is committed to provide all the products later indicated upon the payment of a fee as reported in the art. 4 of this contract.
3. Acceptance of the conditions of sale
3.1 These general conditions are valid from the day of conclusion of this contract and might be updated, integrated or modified at any moment by the Seller, who will communicate it through the dedicated pages in the App and these updates/changes &/or integrations will be effective for future purchases.
3.2 The order confirmation and the completion of the purchase procedure happens when the buyer receives the order confirmation with the order summary in the inbox of the e-mail indicated when filling out the electronic form in the App.
3.3 These General Sales Conditions must be carefully examinated by the Buyer before the finalisation of the purchase procedure. Therefore, forwarding the purchase order confirmation, involves their total aknowledge and agreement.
3.4 The Buyer, by sending his purchase order confirmation, accepts unconditionally and undertakes to observe,in its relations with the Seller, the general and payments terms and conditions described below, declaring to have read and accepted all the information provided by the latter, in accordance with the rules mentioned above, taking also note that the Seller will not consider himself bound to different conditions, unless previously agreed in writing.
3.5 Sales operations are ruled by the provisions referred in the Leg.Decree of the 6th of September 2005, n. 206, while the protection of privacy is subject to the discipline of the Leg.Decree of the 30th of June 2003, n.196 and subsequent amendments and additions.
4. Purchase methods and sales prices
4.1 Products, prices and sales conditions in the website and on the App are expressed in euros and constitute for the consumer an offer to the public.
4.2 Sales prices, as at the previous point, include VAT. Delivery costs will be shown to the Buyer within 48 hours from the order confirmation and may vary depending on: product, weight, volume and number of packages, service and shipping courier, eventual ancillary services requested by the client or necessary for peculiar characteristics of the asset, as well as the destination location. Delivery times may be extended in case of shipmentsoutside E.U. or of flammable or dangerous items, for the shipment of which preventive checks and different certifications are required.
• In case of shipping abroad and possible charge of customs duties, this amount will be charged to the buyer.
• the seller via the server will update production and delivery times, as specified in the listing of the App.
Items in stock will be delivered by the Seller to the Buyer no later than 7 days from the date of the purchase, simultaneuous online payment and order forwarding to the Manufacturer.
All the other items on commission, customized or in any case not ready for immediate delivery or in stock in his warehouse, the Seller will arrange to ship the product to the Buyer, once completed the production, without further delay, as specified from time to time in each listing on the App, in the section “material prodution and order forwarding times”. For big or multiple orders or orders with extra E.U. destinations, the 7 working days term may be delayed due to customs documentation and specific provisions fo the type of packaging that may need to be adequated.
4.3 All Buyers can pay the goods ordered by using the following payment methods ,indicated as “online”, during the purchase:
– STRIPE via credit card. Payouts completed via credit or debit card or STRIPE will be processed through a safe server-to-server connection, with the use of the SSL Protocol (Secure Sockets Layer) with encryption at 128 or 256 bit. The confidential information about the credit card or STRIPE (number, owner, expiration date and verification number of the card) are encrypted and transmitted directly to the payment processor without passing through the servers used by the seller.
The user acknowledges and accepts that the Seller does not manage, own or control the payment provider. The use of your payment card is governed by the agreement with the external provider and the provicy policy of the payment provider. The user accepts to immediately notify to the Seller any change to the billing address (or to any other information) of the payment card.
The invoice or the receipt certifying the payment, if due, will be issued following the payment and sent via e-mail to the e-mail address given by the user.
If subject to VAT, the invoice will be transmitted to the certified e-mail address indicated by the Client or retrieved through the system of e-invoicing, as required by current rules.
The Seller will send to the Client the Receipt of Payment relating to the purchases made on the Website or the App, that will be sent in any case within the 48 hours after the collection of the price.
The Client will be able to ask for the invoice by contacting Client Support through the methods indicated on the site from time to time. For the issue of the invoice, the data provided by the Client to the Customer support shall prevail.
The Client declares and guarantees that the data provided to the seller are true and undertakes to keep him free and harmless from any damage resulting from the falsehood, incompleteness or irregularity of the data provided.
The seller reserves the right to modify his prices and payment procedures, including the payment options and terms, at any moment, by communicating it to the user by notice at the time of access to the app &/or through e-mail or through any other notification sent to the user.
4.4 The receipt of the order, immediately commits the Seller, who will be obliged under the terms and for the effects of these General Sales Conditions.
4.5 The Buyer expressly attributes to the Seller the faculty to accept even only partially the order placed (for example in the case there is no availability for all the items selected and ordered). In this case the contract will be intended perfectioned only with relation to the goods actually sold.
4.6 The Buyer expressly declares to make the purchase for purposes unrelated to any commercial or professional activity eventually carried out.
4.7 To be able to access and use the services offered by The Secret Gate, the Client must dispose of Internet connection.
4.8 The Customer, by approving these GSC accepts the eventual broadcast of advertising messages within the appropriate portals by The Secret Gate, in accordance with the practises and uses of internet.
4.9 The Seller reserves the right to refuse or delete orders made by Customers who:
– have previously violated the GSC;
– have a pending legal dispute with T.S.G. or the Seller
– during the purchase phase, have provided false, incomplete or inaccurate data;
– haven’t completed a previous order, after the refusal by the system of the payment method.
In case the payment has already been made, the amount paid will be refunded. The refund will be made with the same method used for the payment (including but not limited to, if it has been used a credit or debit card, the amount will be recharged on the same card used).
4. Conclusion of the contract
4.1 The Agreement signet through the App is considered concluded when the Buyer submits his order to the Seller who receives it. The Contract is considered concluded in the place where is located the Seller’s registered office.
Art. 6. Delivery methods
6.1 The Seller will arrange the delivery of the products selected and ordered by the Buyer to the address by him indicated, with the methods indicated in the previous articles, through trusted couriers &/or shippers. The delivery will take place within the number of days specified in the order confirmation.
6.2 The confirmation of shipped order will include the tracking number of the package, with which the Client/Buyer, by consulting the dedicated section on the courier’s website, will be able to follow the status of the shipment. For any delays or further problems, please refer to the service provider or the courier.
6.3 No responsibility can be attributed to the Seller &/or The Secret Gate for delayed or non-delivery due to case of force majeure or accident.
6.4 When receiving the package, the Buyer must verify the conformity of the product delivered to him; only after this verification he will have to proceed with the signing of the delivery documents, obviuously without prejudice to the right of withdrawal provided.for in the art. 10 of these conditions. The right of withdrawal is excluted if the goods sold are custom-made for the Client.
6.5 The Buyer has the faculty of chosing another courier, obviously being understood that also in this case, the transport will be at his own exclusive risk, care and expense, and that the payment will have to be made before the delivery.
Art. 7. Responsabilities
7.1 The Seller and T.S.G. do not assume any responsibility for the delay or non-delivery of the item due to case of force majeure like for example accidents, explosions, fires, strikes &/or lockouts, earthquakes, floods and other similare cents which might prevent, in whole or in part, the execution of the contract within the agreed terms and time frame.
7.2 The Seller and The Secret Gate Srl will not be liable to any party or third party in regards to any damage, loss or costs incurred as a result of the non-execution of the contract because of one of the reasons mentioned above. The Customer will only have the right to the refund of the price paid.
7.3 The Seller guarantees that the Products in the electronic catalogues can be freely purchased and that they are not subjected to any pledges or mortgages. In any case, will be applied the rules of the Italian civil code with regards to the subject of buying and selling.
Art. 8. Guarantees and assistance modalities
8.1 The Seller only markets original products of high quality level. The warranty is 2 years from the delivery and runs from the day the goods are purchased.
8.2 In case of lack of conformity, will be applied the rules set out by the Leg.Decree of the 6th September of 2005, n. 206. Any defect must be reported within 8 days of discovery, otherwise the Buyer will lose the right to the guarantee.
8.3 Every tailor made product and customization or personalizzation is the result of a creation aiming to meet the specific requests and needs expressed by each client, but after its realization the return is not allowed.
Art. 9. Obligations of the Buyer
9.1 The Buyer undertakes, once the purchase procedure is completed, to print and keep these general conditions, which, moreover, he will have already read and accepted as an obligatory step of the purchase phase, as well as of the specifics of the product purchased, and this in order to completely satisfy the condition set out in the Leg.Decree of the 6th of September 2005, n.206.
9.2 It is strictly forbidden for the Buyer to enter false &/or invented &/or fictional data during the registration through the appropriate electronic form; personal data and the e-mail address must be exclusively their own real personal data and not those of third parties or of fantasy. The Buyer therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the products purchase procedure.
9.3 It is expressly prohibited to make double registrations for the same person or to enter third party’s data. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all the consumers.
9.4 The Buyer releases the Seller and The Secret Gate Srl from any liabilty arising from the issue of incorrect tax documents due to mistakes related to the data provided by the Buyer, the latter being the only responsible fot their correct insertion.
Art. 10. Right of withdrawal
10.1 Pursuant to articles 64 and 67 of the Leg.Decree of the 6th of September 2005, n. 206, the Buyer can exercise the right of withdrawal, obtaining the refund of the price paid, except for items sold as tailor or custom made, by returning the item received in its original packaging, without tampering with any warranty seal or simply opening &/or deteriorating also just the external packaging.
In particular, for contracts referring to the purchase of goods, if the delivery has already occurred, the substantial integrity of the goods to be returned is an essential condition for exercising the right of withdrawal.
In case of withdrawal the product must not be used. It is not sufficient that it is “in normal state of conservation”. It must be “in the same delivery conditions”. Furthermore, the product is to be considered “customized” for any intervention that modifies the format shown in the related App listing: shape, materials used, structural modifications and additional components. Even the slightest customization makes the item “NON-RETURNABLE”. Without prejudice to the provisions relating to the exclusion of the right of withdrawal for some categories of goods and services provided by the art. 55 of the Consumer Code.
10.2 The Buyer, without prejudice to what provided by the article 8.3, that for any reason is not satisfied with his purchase, has the right to withdraw from the stipulated contract, without any penalty and without having to specify the reason, within 14 working days from the day of receipt of the purchased item, except for the ones sold “tailored”. In case of services, the term of 14 days starts from the day of the conclusion of the contract.
10.3 To exercise the right of withdrawal, instead of the specific communication, it is sufficient for the Buyer to return the item within the term indicated at the point 10.2, as provided for in the offer. Any costs to return the products are charged to the Buyer; for this purpose the Buyer, directly or through other means, will deliver the items to the address indicated by the Seller. The Seller will accept the goods returned reserving the right to ascertain that the products have been returned in their original state and with their original packaging.
10.4 The Consumer who exercise the right of withdrawal in accordance with the provisions, will obtain the refund of the prices already paid within 30 days and in any case no later than 30 days from the date when the Seller (or the service provider) has actually received in his warehouse the returned good and has verified its integrity and conformity, according to the characteristicsspecified for the exercise of the right of withdrawal by the Consumer.
Art. 11. Termination of the contract
11.1 The obligations assumed by the Buyer referred to in art.9 (Obligation of the Buyer) as well as the guarantee of the successfull payment, are essential, so that by express agreement, the non-fulfillment by the Buyer, also of one only of the obligations will determine the legal termination of the contract pursuant to ex art.1456 of the Italian Civil Code, with no need for a judicial ruling, without prejudice to the right of the Seller to take legal action for compensation for further damage.
11.2 Pursuant to art. 1456 of the Italian Civil Code, the party who intends to terminate the contract, will notify the counterparty by sending a registered letter with return receipt or a certified e-mail, specifying the reason; the effect of the termination run from the date of the receipt of the notice of termination, as resulting from the receipt returned to the resolving party and the Buyer will have only the right to the refund of any price already paid.
Art. 12 Communications
12.1 Without prejudice to the cases expressly indicated- or established by legal obligations– communications between the Seller and the Buyer will preferably take place via e-mail messages to the respective e–mail addresses, which will be considered by both parties as valid means of communication and whose the possible production in court cannot be contested for the sole fact of being electronic documents.
12.2 Both parties may at any time change their e-mail adress for the purpose of this article, but they have to promptly notify the other party in compliance with the forms established in the previous paragraph.
Art. 13. Processing of personal data
13.1 The Buyer, by signing this contract, pursuant the Leg.Decree of the 30th of June 2003, 196, gives his express and informed consent that the data concerning him are subject of all the processing operations provided for the mentioned Decree.
13.2 In particular, the Buyer is reminded that:
a) The data provided are necessary for any fulfillment of this contract and of the legal, civil and tax rules;
b) The refusal to provide these data implies the non-stipulation of the contract;
c) At any moment, he may exercise the rights referred to in art. 7 of Leg.Decree of 30th june 2003, n. 196.
13.3 The Data Controller for the collection and processing of the personal data is The Secret Gate, as specified above, in the person of its pro tempore legal representative. The rights referred to in art. 7 are exercised through a request addressed with no formalities to the owner, by sending a simple e-mail to the address of the Seller, who has to communicate any changes to their data to the same address.
Art. 14. Complaints and assistance
14.1 Every Client has the right to lodge a complaint with regard to issues about the Service, Products and Purchases of Services.
Any complaints must be reported to the Assistence at the e-mail address email@example.com. The Secret Gate will answer to the complaints within 14 days from the date of receipt of the complaint. The response will be sent to the Customer by e-mail.
Customers can contact the Assistance or submit complaintd &/or communications on the App The Secret Gate through the channels made available from time to time and indicated on the website.
15 Phoibition of assignment
15.1 The contract is not assignable to third parties, under penalty of its immediate termination.
Art. 16. Jurisdiction and Competent Court
16.1 Any dispute relating to the application, execution, interpretation and violation of the purchase contracts stipulated online through the Seller’s website is subject to the Italian jurisdiction, also in accordance with the provisions of art.3, Conv. of the 19th of june 1980, n. 80/934/CEE (Rome Convention), on the applicable law to the contractual obligations; these general conditions are reported, even if not expressly provided therin, to the Leg.Decree of the 6th of September 2005, n.206 (Consumer Code).
16.2 In case of disputes arising from this contract or related to it, the parties undertake to seek a fair and amicable settlement between them.
16.3 If the dispute cannot be resolved amicably, and in any case within six months from the date of its beginning, it will be brought to the exclusive knowledge of the Court in whose district the Buyer/Consumer has his domicile, in accordance with the provisions of the Leg. Decree 206/05; in case the Buyer doesn’t hold the status of final consumer, it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be of exclusive competence of the Court of Venice.
Art. 17. Final clauses
17.1 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.
Art. 18. Applicable law and remand.
18.1 This contract is regulated by the Italian law.
18.2 For what may not have been expressly provided here, apply the law applicable to the relationships and cases provided for in this contract and, in any case, the provisions of the Civil Code and Leg.Decree of the 6th of September 2005, n. 206 (Consumer Code).
EXPRESSION OF CONSENT THROUGH THE
Acceptance is confirmed by checking the electronic box “I accept the conditions of sale” during the purchase phases in the App.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE BUYER
Pursuant to and for the effects of articles 1341 e 1342 of the Italian Civil Code, the Buyer declares to have carefully read the contract and to expressly approve the following clauses:
Art. 4 (Purchase methods and Sales Prices), Art. 5 (Conclusion of the Contract),
Art. 6 (Delivery Methods),
Art. 7 (Responsabilities),
Art. 8 (Guarantees and assistance modalities)
Art. 9 (Obligations of the Buyer),
Art. 11 (Termination of the contract),
Art. 13 (Processing of personal data),
Art. 16 (Jurisdiction and competent Court),
Art. 17 (Applicable law and remand).