Legal notice

General Terms and Conditions of Sale

Identification of the Seller The goods covered by these general terms and conditions are offered for sale through the website https://michelleselection.myshopify.com by Caridi Francesco, with registered office at Via Petti Dir. Costantino 13, 13030, VAT No. 03223130802, PEC: caridifrancesco@pec.it (hereinafter also referred to as the "Seller").

Definitions 1.1) In these General Terms and Conditions of Sale, the following terms have the meanings specified below:

a) "Online sales contract" refers to the distance contract between a Seller and a final consumer Buyer, using a sales system organized by the Seller, employing remote communication technology known as the Internet; b) The term "Seller" refers to Caridi Francesco, a party to this contract, who manages the Site and directly sells the products listed below to the users (Buyers); c) The term "Products" refers exclusively to the tangible goods and/or services available in the electronic catalogs of the Site; d) The term "Buyer" refers to the end consumer-client who is authorized to operate on the Site to purchase products in accordance with the methods outlined in these general terms; e) "Consumer" refers to an individual who purchases goods and services for purposes not related to their professional activity, whether directly or indirectly. f) The term "Parties" refers to both the Seller and the Buyer collectively; g) The term "Site" refers to the website accessible at the address mysecretcase.com, where online purchases can be made; h) The term "Consideration" refers to the sale price of each product.

Object of the Contract 2.1) These general terms and conditions, which are made available to the Buyer for reproduction and storage in accordance with Art. 12 of Legislative Decree 9 April 2003, No. 70, govern the purchase of products, conducted remotely via telematic network, through the website https://michelleselection.myshopify.com by Caridi Francesco.

2.2) Under this contract, respectively, the Seller sells and the Buyer purchases at a distance the movable goods and/or services listed below.

2.3) The goods and/or services subject to this contract are all the products chosen by the Buyer and added to the virtual shopping cart, following the online purchasing procedures provided on the site.

2.4) The products and/or services referred to in the previous point are displayed in the web sections SEX TOYS, VAGINA, PENIS, ANUS, BONDAGE, LINGERIE, LUBRICANTS, of the Seller's Site.

2.5) The Seller undertakes to supply all the products subsequently indicated upon payment of a consideration, as described in Art. 4 of this contract.

Acceptance of the Conditions of Sale 3.1) These general terms and conditions are valid from the date of conclusion of this contract and may be updated, supplemented, or modified at any time by the Seller, who will provide notification through the web pages of the site https://michelleselection.myshopify.com. These updates, modifications, and/or additions will be effective for future purchases.

3.2) All purchase orders will be sent by the Buyer to the Seller after registering on the site and/or by completing the purchase procedure provided.

3.3) These general terms and conditions of sale must be reviewed "online" by the Buyer before completing the purchase procedure. Therefore, the submission of the purchase order confirmation implies full awareness of and total acceptance of these terms.

3.4) By confirming the order by clicking on "Complete Purchase," the Buyer declares to have consciously accepted the content and conditions of the order, including these General Terms and Conditions of Sale, the prices, volumes, characteristics, quantities, and delivery times of the products offered for sale and ordered by the Buyer, as well as the payment conditions explained below. The Buyer acknowledges having read and accepted all the information provided under the aforementioned regulations, also acknowledging that the Seller is not bound to any terms unless agreed in writing beforehand.

3.5) Sales operations are governed for the consumer by the provisions of the Consumer Code (Legislative Decree 6 September 2005, No. 206, and subsequent amendments), while the protection of privacy is subject to the GDPR 679/2016 and Legislative Decree 30 June 2003, No. 196, and subsequent amendments and additions. For commercial users, reference must be made to the new provisions of Regulation (EU) 2019/1150.

3.6) Acceptance of the terms of sale must be expressed by correctly completing all sections of the electronic form and by selecting and accepting the checkboxes for ACCEPTANCE OF TERMS OF SALE and PRIVACY POLICY.

Purchasing Methods and Sale Prices 4.1) The products, prices, and sale conditions available on the Site—within the limits of their availability—do not constitute a public offer to consumers. Therefore, they should be considered indicative and subject to express confirmation via email by the Seller, which constitutes acceptance of the purchase order.

4.2) The prices of products offered for sale on the Site are indicated in Euros and are the prices in effect at the time the Buyer submits the Order. The Seller may modify the sale prices of products at any time and without notice. However, this modification will be communicated to the Buyer before the submission of any Order.

4.3) Product prices include VAT but do not include shipping costs. Shipping costs vary depending on the shipping method and the destination selected by the Buyer at the time of submitting the Order and are displayed in the Order summary before the Order confirmation request by the Buyer. See Article 9 of these general terms of sale.

4.4) Receipt of the order does not bind the Seller until it has expressly accepted the order via "Order Fulfillment Confirmation Email" (see Article 6.1). It is clarified that upon receiving the order from the Buyer, the system will automatically send an acknowledgment email summarizing the received order, which should not be considered a formal acceptance. The Seller will confirm and formally accept the received order in a subsequent email, after verifying the availability of the selected product.

4.5) The Buyer expressly grants the Seller the right to partially accept the order (e.g., in the event that not all ordered products are available). In this case, the contract will be considered finalized only for the merchandise that has been concretely sold.

4.6) The Buyer expressly declares that the purchase is for purposes unrelated to any commercial or professional activity that they may conduct.

Products and Offers 5.1) In accordance with Article 52 of the Italian Consumer Code (Legislative Decree 206 of September 6, 2005), and the conditions of this contract, before submitting the Order, the Buyer can view on the Site the information related to the price, including taxes and shipping costs, as well as the essential characteristics of the product(s) or services they wish to purchase.

5.2) In the event that, after submitting the Order, there is total or partial unavailability of the product, the Buyer will be promptly informed via email of the product’s unavailability and the total or partial cancellation of the Order.

Refusal of Delivery and Communication of Anomalies

Refuse the delivery and clearly and in detail write on the courier's document all reservations regarding the anomaly. Subsequently, a report regarding the refused pickup must be forwarded to the Seller via email or by calling the number +39 3427039803 (Mon-Fri 9:00-13:00 14:00-18:00).

10.7) Procedure to be Followed in Case of Missing, Damaged, or Defective Products: The Seller may request information regarding the identity of the Buyer or the recipient of the Order and carry out any verification that may be useful. The Seller will inform the Buyer or the recipient of the procedure to follow to return the damaged or defective product or to obtain the missing products. Once the products are received, the Seller will verify that such products are actually defective, damaged, or do not correspond to the description provided on the Website. If this verification is positive, the Seller will replace the defective, damaged, or non-compliant product and send it to the Buyer as soon as possible and in any case within 30 (thirty) working days from the receipt of the products.

10.8) Shipping Costs Will Be Fully Charged to the Seller.

10.9) If the Seller is unable to replace the products within the aforementioned time, they will immediately inform the Buyer at the email address provided at the time of purchase registration and will refund the Buyer for the cost of such products and shipping costs if the Buyer provides proof of the cost incurred to return the products. The refund of the price will be made by the Seller using the methods chosen at their discretion as soon as possible and in any case within 30 (thirty) working days from the date they receive the products.

10.10) If, after examining the returned products, the Seller reasonably believes that the products cannot be considered defective, damaged, or non-compliant with the description on the Website, the Buyer will not be entitled to a refund, and the products will be returned to them, with shipping costs charged to the Buyer.

Liability

11.1) The Seller shall not be liable for delay or non-delivery of the goods due to force majeure or unforeseen events that prevent, in whole or in part, the execution of the contract within the agreed times.

11.2) The Seller shall not be liable to any party or third parties for damages, losses, and costs incurred as a result of non-execution of the contract for the aforementioned reasons, with the consumer having the right only to the return of the price possibly paid.

11.3) The Seller shall not be liable for the consequences arising from a defective product if the defect is due to the product's compliance with a mandatory legal standard or a binding provision, or if the state of scientific and technical knowledge at the time the producer put the product into circulation did not yet allow for the product to be considered defective.

11.4) The Seller shall not be liable if the injured party, aware of the product defect and the danger, voluntarily exposed themselves to it. Similarly, defects resulting from improper use of the purchased goods, external causes (e.g., shocks, falls, etc.), negligence, and misuse shall not be attributed to the Seller’s liability.

Warranties and Assistance Methods

12.1) The Seller exclusively markets original products of high quality. The warranty is for 2 years from delivery and starts from the date of purchase of the good.

12.2) In the case of a conformity defect, the buyer must report it to the seller within 2 (two) months from the date the defect was discovered. Otherwise, the buyer loses the right to warranty.

12.3) The Seller is responsible when the conformity defect manifests itself within two years from the delivery of the product.

12.4) In case of defect, the Buyer has the right to restore the conformity of the good without costs through repair or replacement. If such remedies fail, the Buyer has the right to a fair reduction in price or to terminate the contract unless the request proves objectively impossible to satisfy or is excessively burdensome for the Supplier. Products showing clear signs of tampering or damage caused by improper use or external agents unrelated to manufacturing defects shall not be covered by the warranty.

12.5) The buyer, in addition to following the procedures indicated in Article 10 of these conditions, must still submit their request in writing to the Seller, who will indicate their availability to process it – or the reasons preventing them from doing so. In the same communication, the Seller will inform the Buyer of the shipping or return methods of the good and the expected timeframe for the return or replacement of the defective good.

Buyer Obligations

13.1) The buyer agrees and commits, once the purchase procedure is completed, to print and keep these general conditions, which they will have already viewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased, in order to fully satisfy the condition set forth in Legislative Decree 6 September 2005, n. 206.

13.2) The Buyer is strictly prohibited from entering false, invented, or fictitious data in the registration procedure via the appropriate electronic form; personal and email data must be exclusively their real personal data and not that of third parties, or fictitious. The Buyer therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the purchase procedure of the products.

13.3) It is expressly forbidden to make double registrations corresponding to a single person or to enter third-party data. The Seller reserves the right to pursue legal action for any violations and abuses, in the interest and for the protection of all consumers.

13.4) The Buyer indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors regarding the data provided by the Buyer, as they are solely responsible for the correct entry.

Right of Withdrawal

14.1) According to the provisions of the Consumer Code, the Buyer may, within 14 (fourteen) working days from the date of receipt of the package containing the ordered goods, withdraw from the purchase contract by returning the received good in its original packaging, without tampering with any warranty seal or simply opening and/or damaging the same outer packaging.

14.2) In particular, for contracts concerning the sale of goods, if there has been delivery of the goods, the substantial integrity of the good to be returned is an essential condition for exercising the right of withdrawal.

14.3) The provisions regarding the exclusion of the right of withdrawal for certain categories of goods and services provided for in Article 59 of the Consumer Code remain unaffected. In particular, the right of withdrawal is excluded for goods sold "made to measure" and in cases where the sale performance concerns the supply of sealed goods that are not suitable to be returned for hygiene or health protection reasons and have been opened after delivery (Article 59, letter e) Consumer Code).

14.4) The Buyer, exercising the right of withdrawal under this article, within the terms and according to the methods described below for returning products, may choose:

• the refund of the amount paid for the products returned to the central warehouse, by crediting the relevant sum back to their credit card or via bank transfer;
• a credit equal to the price of the products returned to the central warehouse, usable only on the Website.

14.5) Pursuant to Article 67, paragraph 3, of the Italian Consumer Code, the return shipping costs shall be exclusively borne by the Buyer.

14.6) It is also noted that packages sent at the expense of the recipient will not be accepted.

14.7) The Seller will refund the customer the full amount already paid for the product within 14 days of receiving the return form containing the decision to exercise the right of withdrawal. The Seller reserves the right to withhold the refund until they have received the goods or until the Buyer has demonstrated that they have returned the goods.

14.8) The Buyer and/or the recipient of the Order must necessarily contact customer service to arrange the return.

14.9) The products must be returned to the Seller in their substantial integrity, with their original packaging, accessories, instructions for use, and everything provided with them, in conditions such that they can be resold.

14.10) The Seller will accept the returned goods, reserving the right to verify that the products have been returned in their original state and with the original packaging.

14.11) The refund will be made via a reversal of the amount charged on the Credit Card or by Bank Transfer using the bank details (IBAN code of the invoice holder) provided by the Buyer within the Return Form.

14.12) To exchange products purchased online, it is necessary to send an email to michellevibbbes@gmail.com with the order number in question. The exchange can only be made for products of equal or greater value than those you wish to return; a partial refund of the amount spent can only be obtained by returning the product to the central office.

14.13) Returns of products beyond the legal deadline established for withdrawal and contractual cancellation will not be accepted.

14.14) To the Consumer who exercises the right of withdrawal in accordance with the provisions established, the sums already paid will be refunded within 14 days, and in any case, no later than 30 days from the date on which the Seller (or service provider) became aware of the exercise of the right of withdrawal by the Consumer.

Termination of the Contract

15.1) If one Party is in breach of its obligations under this contract towards the other Party, the other Party may request its termination pursuant to Articles 1453 et seq. of the Italian Civil Code, without prejudice to the right to claim damages.

15.2) Pursuant to Article 1456 of the Italian Civil Code, the Party wishing to avail itself of the termination shall notify the other Party by sending a registered letter with return receipt or certified email (PEC), indicating the reason; the effects of the termination shall take effect from the date of receipt of the termination notification as evidenced by the receipt returned to the terminating Party, and the Buyer shall only be entitled to the return of any sums already paid.

Communications

16.1) Except in cases expressly indicated or established by law, communications between the Seller and the Buyer shall preferably take place via email to the respective electronic addresses, which shall be considered a valid means of communication by both parties, and the production of such emails in legal proceedings cannot be contested solely on the grounds that they are electronic documents.

16.2) Both parties may change their email address at any time for the purposes of this article, provided they give timely notice to the other party in accordance with the procedures established in the previous paragraph.

Protection of Privacy and Data Processing of the Buyer

17.1) The Seller protects the privacy of its customers and ensures compliance with personal data processing in accordance with Regulation (EU) 2016/679 and applicable data protection laws.

17.2) The personal identification and tax data collected by Caridi Francesco, the data controller, are collected and processed in the manner and according to the procedures set out in the site's Privacy Policy and the notice provided under Article 13 of GDPR 679/2016 and Legislative Decree No. 196 of June 30, 2003 (Privacy Code), which the Buyer expressly declares to have read.

Jurisdiction and Competent Court

18.1) Any disputes relating to the application, execution, interpretation, and violation of the purchase contracts concluded "online" through the Seller's website shall be subject to Italian jurisdiction, also in accordance with Article 3 of the Convention of June 19, 1980, No. 80/934/EEC (Rome Convention) on the law applicable to contractual obligations; these general conditions are governed, as far as not expressly provided herein, by Legislative Decree No. 206 of September 6, 2005 (Consumer Code).

18.2) In the event of disputes arising from this contract or related to it, the parties undertake to seek an equitable and amicable settlement between them.

18.3) If the dispute has not been resolved amicably within six months from its initiation, it shall be brought exclusively before the court in whose district the Buyer/Consumer resides, in accordance with the provisions of Legislative Decree 206/05; in the event that the Buyer does not hold the status of final consumer, it is agreed that any dispute, even in derogation of the rules on territorial jurisdiction, shall be exclusively subject to the jurisdiction of the Court of Milan.

Final Clauses

19.1) This contract supersedes and replaces any previous agreements, understandings, negotiations, whether written or oral, that have occurred between the parties concerning the subject matter of this contract.