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Terms and conditions

1. Acceptance of the general conditions of sale

1.1 The contract stipulated between The Secret Pot and the customer shall be concluded with the acceptance, even if only partial, of the order by The Secret Pot. This is considered tacit acceptance. By placing an order in the manner provided for, the Customer declares to have read all the information provided during the purchase process and fully accepts the General Terms and Conditions of Payment set forth below.

1.2 Once the online purchase procedure is concluded, the Customer or consumer will print or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions of articles 3 and 4 of Legislative Decree 185/1999 on distance selling.

1.3. All rights of the customer to damages or indemnification, as well as any contractual or extra liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an order, are excluded.

2. Purchasing methods

2.1 The Customer can only purchase such products as are present in The Secret Pot’s online catalogue at the time of placing the order and viewable online at the website www.thesecretpot.com.

2.2 The Secret Pot will confirm correct receipt of the order by means of a reply e-mail sent to the e-mail address communicated by the Customer. This confirmation message will contain the date and time of execution of the order and a ‘Customer Order Number’, to be used in any further communication with the staff. The message recaps all the data entered by the Customer, who undertakes to verify its correctness and provide prompt notification of any necessary corrections, according to the methods described in this document.

2.3 Should the order not be accepted, the staff guarantees prompt communication to the customer.

3. Prices

All prices indicated to the end user on www.thesecretpot.com are INCLUSIVE OF VAT (22%). Product prices are subject to change without notice.

The photos and content on our site are owned by The Secret Pot Ltd, which holds all rights.

4. Payment methods

4.1 Paypal, MasterCard, Maestro, Visa, Visa Electron, Aura, Discover.

For payment by credit card, the payment procedure will take place via a secure connection directly connected to the bank that owns the online payment service to which third parties have no access. Specifically, financial information (e.g. credit/debit card number, expiration date), will be forwarded via an encrypted protocol, provided by the remote electronic payment service, with no third party access. This information will never be used and / or stored in any format (including electronic) by the Seller.

The amount of the order will be charged on the day of shipment, barring the User’s right to have the amount re-credited in the event of default by the Seller or non-execution of the contract for any reason.

The User is solely responsible for the data entered, and confirms they will use only credit/debit cards to which they have lawful access.

Delivery takes place on average within 48 hours by express courier.

5. Shipping

Shipments within Italy are made by express courier at a cost of 4.50 euros.

Delivery times are approximately 2 working days from the date of dispatch from our warehouses for most locations. Delivery to islands, smaller towns and destinations that are particularly distant from our office may take 5/7 working days.

5.1 Each package sent is accompanied by a detailed Transport Document and invoice if requested. The document can be downloaded from the relevant section of your account on the www.thesecretpot.com website. It is not possible to request invoicing of an order processed previously.

5.2 Delivery expenses are borne by the Customer and are clearly detailed during the order placing process. With the purchase of at least 2 products, shipping in Italy is free.

The Customer pays for the goods using the method chosen when ordering. Other than the order total  shown at the end of the purchase process, nothing more is owed by the Client.

5.3 No responsibility can be attributed to The Secret Pot in case of delay in processing the order or delivering what has been ordered.

5.4 At the time of delivery of the goods by the courier, the Customer is required to check: that the packaging is intact, not damaged, nor wet or in any case altered, including in the sealing materials (adhesive tape). Any damage must be immediately reported to the courier performing the delivery. Once the courier’s document has been signed, the Customer will not be able to raise any objection regarding the external characteristics of the goods delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery, according to the methods provided in this document.

5.5 Undelivered goods: if the recipient is not present at the first delivery attempt by the courier, delivery takes place the following day free of charge. Following a second unsuccessful attempt, the goods will be held and the recipient may go to collect the shipment in question, paying costs calculated according to the price lists of the office in charge of delivery. If the address indicated by the recipient is incorrect, the goods are immediately held.

Maximum response time for goods being held is 5 days. Otherwise the package returns to sender and costs for a new shipment will be recalculated and charged.

6. Product Availability

On the website www.thesecretpot.com only products that are materially available in stock can be ordered. The built-in stock verification function is precise, however there may be small delays in communicating updates with regard to actual products in stock and the situation displaying on the website. As a result, the availability of the item in some rare cases may not be 100% guaranteed. If one or more items ordered are not immediately available for shipping, it will be our staff’s responsibility, depending on the composition of the order and the time frame envisaged for restocking, to choose to proceed with one of the following solutions:

– immediately process the available material and send the missing products as soon as they are available again without any charge for the additional shipping costs;

– contact the customer who will choose whether to receive the material in a single delivery, thus accepting a delay in the fulfilment of the order, or cancelling from the order the products not immediately available.

7. Right of withdrawal

7.1 If the customer is a consumer (i.e. a natural person who buys the goods for purposes not related to their professional activity, i.e. does not indicate a VAT number in the order form upon making the purchase), he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except as indicated in the following points 8.3 and 8.4.

7.2 In order to exercise this right, the Customer must communicate their wishes to The Secret Pot within 14 working days of receiving the goods. This communication must be sent by recorded signed-for delivery, addressed to: The Secret Pot S.R.L., Viale Tunisia 50, 20124, Milan. The communication can also be sent by e-mail, within the same time frame, to info@thesecretpot.com

7.3 The right of withdrawal is subject to the following conditions:

– it applies to the product purchased in its entirety;

– it cannot be exercised only on part of the product purchased;

– the purchased goods must be intact and returned in their original packaging, complete in all their parts;

– in accordance with the law, the shipping charges for returning goods must be paid by the Customer;

– the shipment, until receipt by our warehouse, is the complete responsibility of the customer;

Should returned goods be damaged during transport, The Secret Pot will notify the customer of the event (within 5 working days of receipt of the goods) to allow the customer to promptly report the event to the chosen courier and obtain a refund of the relevant value (if insured); in this case, the product will be once again made available to the customer for their reimbursement and the request for withdrawal shall be simultaneously cancelled;

7.4 The Secret Pot in not liable in any way for damages or theft/loss of goods returned via uninsured shipments. Upon their arrival in our warehouse, all products will be examined and appraised for any damages and tampering not caused in transport. If the returned product is damaged, The Secret Pot will deduct a percentage from the refund due, as a contribution to costs of repair.

7.5 Without prejudice to any repair costs for damages ascertained to the original packaging, The Secret Pot will refund the customer the full amount of the goods already paid (shipping costs excluded), by bank transfer, within 14 days from the return of the goods. The customer will promptly provide the bank details for processing the refund (name and surname of the account holder, IBAN, name of bank).

7.6 The right of withdrawal is forfeited:

– if the essential condition of integrity of the item (packaging and / or its contents) is not met;

– use (even partial) of the goods and any consumables;

– if the original external packaging and/or internal packaging is absent;

– if component parts of the product are missing: manuals, screws, accessories, each component contained in its original packaging;

– owing to damage to the product attributable to any cause other than shipping.

Should the right of withdrawal be forfeited in accordance with the cases indicated above, The Secret Pot will return the purchased good to the sender, charging the transport costs to the same.

Customers who purchase with their VAT number and those who purchase personalised goods cannot exercise the right of withdrawal.

8. Warranties

Products purchased on the website www.thesecretpot.com are subject, where applicable, to the terms of the Italian Legislative Decree 2.2.2002 No. 24 (G.U. No 57, 8.3.2002) regulating sale contracts and guarantees regarding consumer goods, or otherwise to the relative conditions of the Italian Civil Code. This guarantee will apply to any product that has faults and / or malfunctions not found at the time of purchase, provided that the product itself is used correctly and with due diligence and, that is, in compliance with its declared use and as provided for in any technical documentation, observing the various operating standards indicated therein. The aforementioned guarantee will not be applicable in the event of negligent use or maintenance of the product, or its improper use. The guarantee is personal and will therefore apply only to the original purchaser, being reserved for direct customers and not for traders, resellers, etc. Any anomalies in the packaging of the products must be reported within ten (10) days of receipt of the goods. The written report must be attached by the customer when the defective product is sent back. At the time of its return to The Secret Pot, the product to be replaced must, even if defective, be complete with the packaging and all accessories and documentation received by the customer at the time of purchase. The return of the product without the original packaging, accessories and above documentation means that The Secret Pot will be unable to seek replacement of the product itself by the manufacturer and thus makes replacement impossible.

The Secret Pot reserves the right to verify the actual defect stated by the customer and to replace only after this check. The request will be processed only if the following documents are present in the returned package: copy of the purchase invoice or receipt of payment, order number and date, brief description of the defect found. The costs of returning the goods to the sender, however, remain the responsibility of the customer.

9. Privacy

The personal data requested as part of registration on the site and order placement are collected and processed in order to satisfy the customer’s requests. These data will also be processed for institutional purposes, connected or instrumental to the activity of our company, namely:

– to execute a service or one or more operations, contractually agreed;

– to comply with legal obligations;

– for operating and management requirements;

– in order to monitor the progress of customer relations;

Under no circumstances will personal data be transferred to third parties. The Secret Pot guarantees its customers that personal information processing activities are in compliance with applicable data protection laws as per Legislative Decree 196, approved on 30th June 2003. The data controller is The Secret Pot S.R.L., Viale Tunisia 50, 20124, Milan.

NB: By registering on the site or by placing an order, you consent to the processing of personal data according to the Legislative Decree 196 of 30.06.03.

10. Complaints

10.1 Any complaints must be addressed to The Secret Pot S.R.L., Viale Tunisia 50, 20124, Milan. Complaints made via e-mail or the site contact form are not accepted or considered valid.

10.2 For any problem or anomaly found, before embarking on the complaint, the Customer is invited to contact the Secret Pot staff via the relevant section of the website. In almost all cases, any problem or misunderstanding can be resolved in a few hours.

10.3 Checking goods on delivery and complaints

Upon delivery of the goods by the courier, the customer is required to check:

– that the number of packages delivered corresponds to that indicated in the courier’s accompanying document.

RECEIVE THE GOODS FROM THE CONVEYOR BY WRITING ONE OF THE FOLLOWING PHRASES ON THE DELIVERY NOTE

CASE 1 – NO PROBLEM -:

“Accepted subject to checking the integrity of the contents, external packaging intact”.

CASE 2 – DAMAGED PACKAGING-:

“damaged packaging, accepted subject to internal inspection”

Check the goods immediately and report any damage or anomaly to info@thesecretpot.com within 3 days

WE ARE LIABLE FOR TRANSPORT DAMAGES COMMUNICATED WITHIN 3 DAYS FROM THE SIGNING OF THE DELIVERY NOTE IF THE GROUNDS ARE SUBJECT TO INSPECTION.

11. Applicable law

The sales contract between the customer and The Secret Pot is understood to be concluded in Italy and governed by Italian law. For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, the territorial jurisdiction is exclusively that of the Varese Court.

12. Further details

Buying on www.thesecretpot.com implies acceptance of all the terms and conditions listed so far.

Shipping

Shipments within Italy are made by express courier at a cost of 5.0 euros.

Delivery times are approximately 2 working days from the date of dispatch from our warehouses for most locations. Delivery to islands, smaller towns and destinations that are particularly distant from our office may take 5/7 working days.

When does the courier deliver?

Deliveries are made from Monday to Friday, during normal business hours, excluding national and local holidays. When ordering, it is however possible to insert a note to indicate any preferred delivery times to the courier.

Can I track my shipment online?

When the order is delivered to the express courier, you will receive a detailed communication via e-mail regarding shipping, delivery and how to track it online in order to plan accordingly.

What if I am absent during the delivery?

Should the recipient be absent, delivery is normally attempted on the following working day.

If the delivery is not successful on the second attempt, the material is held at the local branch and must be picked up personally by the recipient within 5 days.

The staff of the courier branch of the destination and our customer service are always at your disposal to promptly resolve any problems relating to the delivery of your order. (SEE POINT 5.5)