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TERMS AND CONDITIONS

It is important that the USER carefully read the following General Conditions of Use of the Web and Sale of Products, in order to be properly informed and accept both the conditions of access and navigation through the web pages of thesecretcorset.com and the terms and conditions that govern the purchase of products offered by Mad srl:

Owner: Mad srl Registered office: Via Federico del pino 7 95121 Catania Email: ordini@thesecretcorset.com

Hereinafter, ‘THE SUPPLIER’.

  1. GENERAL CONDITIONS OF USE OF THE WEBSITE

The USER’s access to the site thesecretcorset.com, hereinafter referred to as ‘the site’, is subject to prior reading and acceptance of these GENERAL CONDITIONS OF USE, or those in force at the time of access. If the USER does not accept these terms of use, they must refrain from using the site and operating on it. However, access to certain content may be subject to certain specific conditions, which in any case will be shown by the SUPPLIER to the USER, who, if necessary, must expressly accept them. By navigating the SUPPLIER’s website, the USER acquires the status of USER. By browsing the website, the USER accepts as a USER the conditions of use, notwithstanding the express acceptance by the USER of the General Contract Conditions, the data protection policy, and, if applicable, the Special Conditions, which may exist in relation to the provision of services. At any time, the SUPPLIER may modify the presentation and configuration of the Website, the information and legal documentation, as well as the services and contents provided, all in accordance with the provisions of articles 126 and 126 bis of Royal Decree 1/2007 of 16 November 2007.

Access and registration on the website

To purchase products on the site, Users must first register by filling out the appropriate forms, with the required and mandatory data. To register, you must be over 18 years old. The USER assumes that their USER account is personal and non-transferable. Each registered USER will have a personal and non-transferable access password. The USER can change or recover this password at any time, following the procedure provided on the website. Such password will remain encrypted in the SUPPLIER’s systems to ensure its preservation and prevent unauthorized access by third parties. The USER is obliged to immediately communicate to the SUPPLIER any fact that allows the improper use and/or access to the account. Until the USER communicates such facts to the SUPPLIER, the latter will be exempt from any liability that may arise from improper use of it by unauthorized third parties.

Closing of an account

The SUPPLIER allows the USER to unsubscribe at any time by accessing their account section available on the website. In any case, once the cancellation is made, the USER may request a new registration, except in

cases where the USER does not accept the terms of use and/or in case of conflict between the USER and the SUPPLIER that is pending resolution or that has concluded with the recognition of fault and/or negligence on the part of the USER.

Conditions applicable to links

All content on this Website is owned by the SUPPLIER, although in the case of links or hyperlinks to other websites operated by third parties, unrelated to the SUPPLIER, the latter cannot guarantee the content or information contained in third-party websites accessible through these links, nor the accuracy of their content; consequently, the SUPPLIER is exempt from any liability for damages of any kind that may arise from their use. However, if the USER is actually aware of the fact that the activities carried out through these websites are illegal, they must inform the SUPPLIER, who will proceed to disable the link.

Links to the SUPPLIER’s website on other web pages

The SUPPLIER allows the information available on the Website, not subject to prior registration, to be accessible to Users, although its commercial or advertising exploitation is strictly prohibited. It is also prohibited to reproduce, distribute, transmit, adapt or modify, by any means or medium, the content of this website and its design. Access to the Website by minors is prohibited. If a minor accesses the Site and/or registers on it, the SUPPLIER assumes that such access has been made with the prior and express authorization of the parents or legal representatives, notwithstanding that the SUPPLIER may carry out the checks it deems appropriate. The SUPPLIER is not responsible for the truthfulness of the registration data provided by the USER. The USER undertakes and is solely responsible for the adequacy, truthfulness, and accuracy of the information provided to the SUPPLIER.

Conditions of use of the website

The USER is solely responsible for accessing or using the website for illegal or unauthorized purposes; among others, it is prohibited for the USER to carry out the following activities:

  • Use the website to install or publish viruses or harmful programs or files.
  • Use the Website in a way that causes damage, interference, or malfunction to the SUPPLIER’s computer systems.
  • Violate the security and/or authentication measures of the Website and/or any network connected to it.
  • Register under a false identity, impersonate third parties and/or carry out any activity that may mislead other Users about the original identity of a message.
  • Use the Website to collect personal data from other Users.
  • Prevent the proper conduct of an event, contest, promotion, or any other activity that the SUPPLIER decides to carry out through the Website.
  • Saturate the Website’s infrastructure or the systems or networks of the SUPPLIER, as well as the systems and networks connected to them.
  • Use the Website in a way that may violate good faith, the law, morals, or public order.

Any action taken by the USER in this regard will authorize the SUPPLIER to exercise the appropriate legal actions to defend its rights and to cancel and/or block the USER’s account, without the latter being able to request any compensation.

Responsibility and guarantees for the use of the Website

The SUPPLIER declares that it has adopted all the necessary measures that the state of the art and its possibilities allow, to ensure the correct functioning of

the Website, to reduce system errors and to ensure maximum security to Users, but it cannot guarantee damages caused to the USER by any person who violates the conditions established by the SUPPLIER on its Website and/or the technical security measures. The SUPPLIER does not guarantee to the USERS the utility or performance of the contents of its Website. The SUPPLIER does not guarantee, if applicable, the legality, reliability, truthfulness, and usefulness of the contents provided by third parties to its Website, only guaranteeing them with respect to the contents published on its Website.

Intellectual and industrial property rights

The SUPPLIER owns and/or has the corresponding licenses on the exploitation rights of intellectual and industrial property on the design and programming of the Website, as well as on the contents offered on it. In no case shall access and/or browsing give the right to the USER to use such rights except those strictly necessary to enjoy the provision of the service in accordance with the Conditions of use. The contents of the web page, as well as the copyright and intellectual property rights of the same, belong to the SUPPLIER or its content providers. The USER can access the website and print a copy of the contents accessed during their visit, but any other use of the website and its contents, which may violate industrial and/or intellectual property rights, and/or that may damage or deteriorate the normal functioning of the same, the property or rights of the SUPPLIER, or its providers, or the rest of the Users or, in general, of any third party, is prohibited. References to trademarks, trade names, or other distinctive signs imply the prohibition of their use without the express written consent of the SUPPLIER and/or their legitimate owners. All intellectual and industrial property rights on the contents and/or services of the Website are reserved and, in particular, it is prohibited to modify, reproduce, publicly communicate, copy, transform or distribute by any means and in any form, all or part of the contents of the Website for public or commercial purposes, without the express authorization of the SUPPLIER. In the event that the USER becomes aware of the existence of illicit, illegal contents or contrary to the law or that may involve the violation of intellectual and/or industrial property rights, the USER must communicate it to the SUPPLIER at the following email address ordini@thesecretcorset.com

  1. GENERAL CONDITIONS

These General Conditions have been drafted in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007 of November 16th, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws, Law 7/1996 on the Regulation of Retail Trade as it may be applicable to the services, and Law 6/2020 regulating certain aspects of electronic trust services. The PROVIDER informs that the formalities for the acquisition of products and/or obtaining the provision of services offered are those described in these general conditions, as well as other specific ones indicated on the screen during navigation, so that the USER declares to know and accept such procedures as necessary to access the products and services offered on the Website. All information provided during the contracting process will be stored by the PROVIDER, so that the USER can, upon written request or via email, request information about the operations he/she has carried out in the previous 6 months. Any modification and/or correction of data provided by the USER during navigation will be made according to the instructions contained in the Website.

2.1. PURPOSE OF THE CONTRACT

This contractual document contains the General Conditions whose purpose is to regulate both

the provision of information and the commercial relationships that are established between the PROVIDER and the third-party Users of the Website (‘Client’), who purchase the products offered through the same, although it is not possible to contract any product without prior acceptance of these General Conditions. These Conditions will remain published on the website available to Clients for reproduction and storage as confirmation of the contract and may be modified at any time by the PROVIDER, without notice, by publishing such changes on the website so that they can be known by Clients, always before visiting the website or purchasing any goods and/or service offered. It is the responsibility of Clients to read them periodically, as those in force at the time of placing orders will apply. In any case, if the changes negatively affect access to or use of the digital content or its use by the Client, the latter will be clearly and understandably informed and will have the right to withdraw from the subscription in accordance with the provisions of article 126.bis of the Royal Legislative Decree 1/2007. All acquisitions of products purchased through the Site, after identification and authentication through the USER name and password provided, will be considered validly made by the CLIENT and will be binding. The purchase of products through the Site implies the CLIENT’s acceptance, without any reservations, of all and each of these General Conditions, and, if applicable, of the Special Conditions that may exist in relation to the purchase of certain products; the CLIENT will be solely responsible for the

custody and proper use of the passwords. Orders made by a minor who falsifies the information and registration will be considered made under the supervision and authorization of their parents or legal guardians. Acceptance of this document implies that the CLIENT:

  • Has read, understood, and comprehended the above.
  • The language in which the contract has been drafted and will be executed is Spanish.
  • Is a person with sufficient contractual capacity.
  • Assumes all the obligations set forth in this document.

These conditions will have an indefinite validity period, will remain in force for as long as they are accessible through the Site, and will apply to all purchases made through the Site, save for any special conditions that may be applicable to the purchase of products.

2.2. IDENTITY OF THE CONTRACTING PARTIES

The identifying and contact data of the PROVIDER of information society services operating on the Website, owned by Mad srl with a registered office at Via Federico del Pino 7 95121 Catania, and owner of the website thesecretcorset.com (hereinafter, the Website) and with an email customer service at amministrazione@thesecretcorset.com, are communicated. And on the other side, the CLIENT, registered on the website by means of a ‘Client Name’ and a ‘password’ provided by the PROVIDER, which are identifying and enabling elements for access to the various services offered by the website, as described in the ‘Contracting Procedure’ section of these General Conditions.

2.3. ACCESS TO THE WEBSITE AND TO THE ELECTRONIC CONTRACTING PROCEDURE

Access to and consultation of the catalog of products and/or services published on the Website are free and do not require User registration. Similarly, to initiate the contracting process of the products and/or services displayed on the Website. Each of the parties may unilaterally withdraw or suspend this contractual relationship at any time and without any cause other than their own will in this regard, in accordance with the provisions of these General Conditions. The CLIENT may unilaterally exercise the right of withdrawal through the account cancellation procedure. Similarly, the PROVIDER and the Sales Point reserve the right to cancel the USER name and password, and therefore access to the Site, of those Users who maintain unpaid or unpaid balances at the Sales Point.

2.3.1. Products Offered on the Website

All products and/or services will be offered through the website, and the SUPPLIER will indicate the brand, model, images, description, technical specifications, product availability, full price, discounts or financing options, as well as the availability of home delivery or in-store pickup, and may offer other related or recommended products. In case the online channel or the retail point does not have one or more requested products, the SUPPLIER, through its online channel or retail point, will inform the CLIENT of this situation, proceeding to refund the amounts paid for such product(s) without undue delay, or substitute it with another product, at the choice of the CLIENT.

2.3.2. Electronic Contracting Process

Any product from our catalog can be added to the cart. The cart will display the items, quantity, price, and total amount. Once the cart is saved, taxes, charges, and discounts will be calculated based on the entered payment and shipping data. The cart is only a section where a budget can be simulated without any commitment from both parties. An order can be made from the cart by following the subsequent steps for its proper formalization: a) Cart validation: the USER, having completed the selection of products and/or services they wish to purchase, must validate their cart, which will show the selected products and/or services, the number of units, their price, delivery times, and shipping costs. Similarly, they must select the delivery method: home delivery. b) Billing data verification: the USER, once the cart is validated, must provide the SUPPLIER with the billing and shipping data of the products and/or services and must expressly accept the contractual conditions by selecting the corresponding box. If the user does not select the acceptance box, the Website will not allow them to proceed with the contracting process. c) Payment method selection: the USER, after providing billing and, if applicable, shipping data, must select the payment method they wish to use. If the USER has chosen one of the two cash payment methods (PayPal

or Card), they will be automatically redirected by the system to the corresponding banks’ online payment platforms (TPV). d) Acceptance of legal conditions: the client must click the acceptance button, thereby expressly accepting these general conditions before proceeding to pay for the product. They must also accept the Privacy Policy and Cookie Policy. e) Click the button to finalize the order. f) Order confirmation.

The SUPPLIER will send the CLIENT an email within 24 hours from the time of the actual payment of the purchase by the CLIENT, providing a summary with all the characteristics of the sale and the purchase made, confirming the completion of the order, its status, and the approximate date of shipment and/or delivery.

2.4. PRICE AND PAYMENT METHODS

2.4.1. Prices and Billing

The prices indicated for each product include any applicable taxes. These prices, unless expressly indicated otherwise, do not include shipping costs, handling, packaging, shipping insurance, or any other additional service attached to the good or product purchased.

2.4.2

. Payment Methods

Once the products are decided upon and saved in the cart, the CLIENT agrees to initiate the purchase process and payment of the price. The SUPPLIER is responsible for economic transactions and allows the following payment methods for the order: credit/debit cards, PayPal, and Stripe. The offered payment methods may vary depending on the destination country. Once the CLIENT has added all items to the cart and has selected the shipping service, all available payment methods for the destination country will be displayed. If the security department suspects anomalies or fraud, the SUPPLIER reserves the right to cancel the transaction for security reasons. For online payments made with credit/debit cards, the SUPPLIER uses the ‘Secure Socket Layer’ (SSL) security system, which allows the encryption of banking information on the network. Additionally, credit card data is not recorded in any database but is sent directly to the bank’s Point of Sale Terminal (POS).

Security Measures

The website uses generally accepted industry-standard computer security techniques, such as SSL, data entry on secure pages, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these objectives, the CLIENT agrees that the SUPPLIER obtains data for the corresponding authentication of access controls. The SUPPLIER commits not to allow any transaction that is or is considered illegal by credit card brands or the acquiring bank, which could or has the potential to damage their goodwill or negatively influence them. The following activities are prohibited by the credit card brand programs: the sale or offer of a product or service that is not in compliance with all applicable laws to the Buyer, the Issuing Bank, the Merchant, or the cardholder(s).

2.5. SHIPPING AND DELIVERY OF ORDERS

The CUSTOMER will choose the place of receipt of the goods at the time of the order with the SUPPLIER, who reserves the right to use all necessary means to deliver the products to the address indicated by the CUSTOMER. The CUSTOMER must provide a delivery address where the shipment can usually be delivered during morning and afternoon hours. The name and ID card number must be included in the receipt signature. It will be possible to track the service through the link that will be sent via email to the CUSTOMER once the order is confirmed. Once the shipments have been sent, it is possible to change the address within the same area of influence of the distribution center and delivery date from the same link. A first delivery attempt will be made to the indicated address; in case of the CUSTOMER’s absence, they will be notified via SMS, email, or phone call to arrange a new delivery. If the transport agency fails to deliver in these two attempts, the shipment must be collected at the carrier’s available service center. If after five (5) calendar days from the date of the notice, the customer has not contacted the carrier to arrange a new delivery date, the products will be returned to the SUPPLIER’s warehouses, and the customer will be responsible for the shipping and return costs, as well as any associated handling costs. The order delivery time will be between 1 and 4 working days (Monday to Friday, excluding holidays), once the order is confirmed and payment is made. For deliveries to the Balearic Islands, the delivery time will be 2 to 4 working days, while for deliveries to the Canary Islands and for international deliveries, the delivery time will be indicated in the order confirmation. If the shipment does not arrive in perfect condition and shows visible damage, it can be refused by the CUSTOMER, or it can be accepted, noting on the delivery note the content reservation for review. If the damage is not visible, the CUSTOMER will have 48 hours to file the relevant claim. Transport claims will not be accepted after the indicated dates. The SUPPLIER assumes no responsibility when the delivery of the product or service does not occur due to false, inaccurate, or incomplete data provided by the CUSTOMER. The risk of loss or damage transfers to the CUSTOMER at the moment they receive and accept the order without reservations.

2.6. TRANSPORT COSTS

Shipping prices include handling and packaging and will be applied to each order, so it is advisable to include all the products the USER needs in a single order to save on shipping costs. The prices do not include shipping costs or additional services.

2.7. RIGHT OF WITHDRAWAL

Under Law 3/2014 of March 27, which amends the revised text of the General Law for the Defense of Consumers and Users and other complementary laws approved by Royal Legislative Decree 1/2007 of November 16, the CUSTOMER has 14 calendar days from the delivery of the order from the formalization of the contract in case of service provision. The refund will include the amount of the purchase and, if applicable, delivery costs. The refund will be made using the same means of payment with which the Product was purchased, deducting the return costs borne by the CUSTOMER. The CUSTOMER must return the products subject to withdrawal without undue delay and in any case not later than 14 calendar days from the date on which they communicated their decision to withdraw. The refund of the amount corresponding to the withdrawal will be made within 14 calendar days from the date on which the decision to withdraw from the contract was effectively and unequivocally communicated and provided that the goods or products subject to withdrawal have been previously received; otherwise, the provision may be withheld until such goods are received or until the CUSTOMER has demonstrated the return of the goods. In cases of breakage or receipt of wrong products, the SUPPLIER will pay the CUSTOMER the amount of the Product or, if the

Customer prefers, replace it with another of the services offered on the Website, compensating, if applicable, the price difference. Once the return request from the CUSTOMER is received, the SUPPLIER will contact the CUSTOMER to process the return and refund, using the payment method chosen by the CUSTOMER at the time of the order. To exercise the right of withdrawal, the CUSTOMER must inform Mad srl. The withdrawal form can be sent by post to: Mad srl Via Federico del Pino 7, 95129 Catania or by writing to amministrazione@thesecretcorset.com. When the CUSTOMER has exercised the right of withdrawal, the SUPPLIER is obliged to return the sums paid by the consumer and user without retaining the expenses. The refund of such sums shall be made without undue delay and, in any event, before 14 calendar days have elapsed from the date on which the consumer and user were informed of the decision to withdraw from the contract. As provided for in article 103(a) of Royal Legislative Decree 1/2007 of 16 November 2007 for the Defense of Consumers and Users, the following are excluded from the right of withdrawal:

  1. The provision of services, once the service has been fully performed.
  2. The supply of goods or services made to the specifications of the Customer or clearly personalized.
  3. The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
  4. The supply of sealed sound or video recordings or sealed computer software which have been unsealed by the Customer after delivery.
  5. The supply of digital content (which is not provided on a material medium) when the performance has already begun. The Customer expressly acknowledges that, once the digital download has begun, the right of withdrawal is lost.
  6. Any other good or service referred to in art. 103 of RDL 1/2007 of 16 November 2007.

The CUSTOMER will be responsible for any decrease in the value of the Products resulting from handling the Products other than what is necessary to establish their nature, characteristics, or functioning. In any case, for the exercise of the right of withdrawal, it is necessary that the Products are returned in their original packaging along with the invoice, in case they are returned without such original packaging or with damages the amount to be paid to the Customer for the return of the product will be deducted by the corresponding amount. Before returning the product, the Customer must ensure that it is adequately protected and sealed so as not to suffer damage during transport.

2.8. WARRANTIES

The SUPPLIER will be responsible for any non-conformity of the product existing at the time of delivery in accordance with the provisions of EU Directive 2019/771 and its integration by the different Member States where the products are provided based on the country of residence of the consumer as established in the Rome Convention and applicable law. The goods that the SUPPLIER delivers or provides to the consumer or USER are considered to conform to the contract when they meet the subjective and objective requirements established and applicable:

Subjective requirements

a) Comply with the description, type of good, quantity, and quality and possess the functionality, compatibility, interoperability, and other characteristics established in the contract. b) Be suitable for the specific purposes for which the consumer or USER needs them and which the consumer or USER has made known to the SUPPLIER, no later than at the conclusion of the contract, and for which the SUPPLIER has expressed its acceptance. c) Be delivered or provided together with all accessories, instructions, also for installation or integration. d) Be provided with updates, in the case of goods, or be updated, in the case of digital content or services, as established in the contract in both cases.

Objective requirements

In addition to meeting any subjective requirements of conformity, the SUPPLIER recognizes that the goods must meet the following requirements: a) Be suitable for the purposes for which goods of the same type are normally used, taking into account, if applicable, existing regulations, technical standards, or any specific code of conduct of the industry sector. b) If applicable, have the quality and correspond to the description of the sample or model of the good or be

conform to the trial or preview version of the digital content or service that the supplier has made available to the consumer or USER prior to the conclusion of the contract. c) If applicable, be delivered or provided together with accessories, particularly packaging, and instructions that the consumer and USER can reasonably expect to receive. d) Present the quantity and possess the qualities and other characteristics, particularly regarding the duration of the good, accessibility, functionality, compatibility, and security that are normally present in goods of the same type and that the consumer or USER can reasonably expect, given the nature of the goods and taking into account any public statement made by the SUPPLIER, especially in advertising or labeling.

There shall be no liability for lack of conformity when, at the time the contract is concluded, the consumer or USER has been specifically informed that a particular characteristic of the good deviates from the objective requirements and the consumer or USER has expressly and separately accepted such deviation. If the good is not in conformity with the contract, in order to make it conform, the consumer or USER shall have the right to choose between repair or replacement, unless one of these two options proves impossible or, compared to the other remedial measure, involves disproportionate costs for the supplier, taking into account all the circumstances.

2.9. CUSTOMER SERVICE AND POST-SALE ASSISTANCE

The point of sale has complaint forms available to the Consumer within the establishment. Any claim or request that the Customer deems appropriate or wishes to submit will be answered during opening hours from Monday to Friday and will be processed as quickly as possible (a period of 48-72 hours is recommended), and can also be made via email or post to the following addresses: Mad srl, Via Federico del Pino 7, 95129 Catania. Email: amministrazione@thesecretcorset.com.

2.10. DISPUTE RESOLUTION

Under Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a platform for free access to online dispute resolution between the CUSTOMER and the SUPPLIER, without the need to resort to courts, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and dialogues with both parties to reach an agreement and can ultimately suggest and/or impose a solution to the conflict.

ODR platform link: http://ec.europa.eu/consumers/odr/

Similarly, if the user is dissatisfied with any aspect of the Service that could not be resolved by the SUPPLIER, they may, if they wish, turn to the competent authorities for consumer protection.

2.11. FORCE MAJEURE

The SUPPLIER will not be responsible for any failure to perform due to unforeseen circumstances or causes beyond the SUPPLIER’s control, including but not limited to force majeure, riots, pandemics, embargoes, acts of

civil or military authorities, fires, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor, or materials. The SUPPLIER will have no liability for the possible failure to perform or interruption of the Service, to the extent that it is delayed or prevented by such causes, and for the entire period in question.

2.12. DISCLAIMER

The PROVIDER cannot guarantee the continuous technical availability of the Website, the absence of failures or service interruptions, nor can it guarantee that the Website will be available or accessible one hundred percent of the time. They also cannot guarantee the absence of viruses or other harmful components on the Website or on the server from which it is provided.

2.13. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are found to be illegal, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions. The PROVIDER may, without notice, suspend or terminate the CLIENT’s access to its e-commerce services, in whole or in part, for any valid reason, including, but not limited to, when the USER does not comply with or follow any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practice, or usage policies. When the PROVIDER exercises any of its rights or powers under this clause, such exercise will not prejudice or affect the exercise of any other right, power, or remedy that may be available to the USER.

2.14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Italian law to the extent not expressly established. The PROVIDER and the CLIENT agree to submit to the courts of the USER’s domicile any dispute that may arise from the provision of products or services subject to these Conditions.