These terms apply to all sales made by Segreto, except when there is a written agreement. Segreto reserves the right to change the products in this catalogue and exclude some of the models.

Any offers, goods and services shall be provided by Segreto based on these General Commercial Terms and Conditions, except when expressly overridden by written consent. Any other conditions of the customer, which were not confirmed clearly in writing by Segreto, shall not bind Segreto in any way, even if Segreto did not raise objections to such conditions. These General Commercial Terms and Conditions shall also apply to business relations, even if Segreto shall not refer to these conditions in future contracts (especially for orders placed by phone).

However, accepting the goods shall be deemed as accepting these General Commercial Terms and Conditions. All the agreements shall be made in writing. It also applies to additional covenants and representations, as well as to future amendments and changes of the contract. Any change in this clause shall be made in writing.  
Segreto tries as much as possible to limit colour variations, but due to technical conditions (namely catalogue / Photoshop/ light processing etc.) there may be cases when the colour in the catalogue be different from that of the delivered products; such situations do not hold Segreto responsible for the delivery of products that do not comply to the customer’s order. There may also be different colour tones for different models.

DELIVERY
The maximum delivery time for the products that are not in the catalogue and for the customised products is 30 days from the order confirmation and pre-payment of 40% of the total amount. As of that moment, the order shall bind Segreto. Each partial payment is deemed a separate contract.

The products on stock ordered until 14:00 shall be shipped the day the order was received through our standard shipping service and shall arrive in 48h. The shipping data sent in advance for the customised clothes or clothes that are not in the catalogue shall be confirmed as soon as the order has been received.

Any complaint regarding inappropriate product delivery shall be solved in 24 h from the date specified on the invoice. Our responsibility for such orders shall be limited to the option of replacing the products or repaying the product value and shall not be extended to other damages that may arise indirectly or as a consequence.
Any compensation claims as a result of delays shall be excluded, except when such delays were deliberate or caused by negligence.       
Segreto shall be liable to pay damages caused deliberately or by negligence, provided that such damages had been specified by management. However, the claims for damages shall be limited to the amount that can be proved by the customer.

PRICE
The price of the products is the price specified in the offer sent by Segreto and accepted by the Customer. The fixed prices do not include postal fees, packaging costs and VAT. The postal taxes, packaging and Vat shall be paid by the customer/purchaser, in addition to the contract price.

TERMS OF PAYMENT
the invoices shall be issued on the date the customer has accepted the offer and Segreto Impex SRL has confirmed the delivery date. The customer undertakes to pay 40% in advance for the launching of the order. The invoice shall be 40% of the order value. On the day the products are delivered, the invoice for the remaining 60% shall be issued, which shall be paid in 5 days from the date of delivery/invoicing the remaining 60%.

Should the payment not be made in time, Segreto reserves the right to:

1. suspend or cancel, if applicable, future deliveries
2. cancel all the discounts offered
3. charge delayed payment penalties of 0.2% / each day of delay of the calculated value for the outstanding amount.
The delayed payment penalties shall be calculated from the date the invoice was issued to the moment the payment is made.
Any outstanding payment for which the provisions of this document are valid, shall be applied to the penalties and then to the due amount on which it is calculated.
If the customer exceeded the due date of the invoices issued by Segreto with 30 days, Segreto reserves the right to charge a management commission of up to …..% of the amount due.
When invoice copies are requested by fax, they shall be made available free of charge, but there shall be a fee for the copies sent by mail.
You shall pay full damages to Segreto, which shall be exempted from all expenses and responsibilities that may be ascribed as a result of any failure in fulfilling the obligations pertaining to this agreement. You shall not be entitled to submit any claim for other due amounts.
The customer has no right to submit any counter-claim against the payment claims made by Segreto, which were rejected or on which no decision was made, or to claim liens. 

OWNERSHIP RIGHT AND RISK
The risk on the products shall be covered by the purchaser as soon as the products have been delivered to the specified address or have been taken by a purchaser’s representative or other authorised person from Segreto offices.
Segreto reserves ownership on the goods until the payment of all customer’ s debts, of the delivered goods respectively, as well as of any other services mentioned on the invoice (transport, packaging costs etc). 

INSOLVENCY
If the Purchaser
a) does not pay the due amounts within  35 days of the due date; or
b) is declared as being unable to pay and proceedings of judicial reorganisation or bankruptcy are initiated against him, or
c) is declared  bankrupt or is undergoing  winding-up; or
if Segreto has good reasons to believe that one of the situations above is to take place, and informs the purchaser about it, the purchaser shall cease using the products delivered by Segreto and unpaid to that date and shall return the unpaid goods in his possession. Segreto has the right, without being liable in any way before the Purchaser, to enter the Purchaser’s property, the location where the goods delivered by Segreto and unpaid by the Purchaser are stored, in order to take them back. Segreto has also the right to terminate any contract concluded with the Purchaser.

FORCE MAJEURE
Force Majeure, as defined by law, exempts from responsibility the party claiming force majeure throughout the period it takes place, provided that the party claiming force majeure sends a written notification to the other party within 3  days after the force majeure occurred.
Should any period of delivery interruption last longer than three months, any of the parties may terminated the contract with a written notification and no penalty shall apply.

RETURN POLICY
If the delivered product is not the product requested, we have the option to replace it or return the paid amount provided that:  
(a) the products are returned by paid courier services, unused (to any other purpose than that of trying on the clothes), no later that 7 days from the date of delivery;
(b) the invoice was paid until its due date; and
(c) a notification is sent containing the invoice number and the reason why the products were returned. The values for the goods used, but returned within 7 days shall also be reimbursed, except for a certain amount representing the commission. Should ten or more items be returned, Segreto may charge a fee accounting for management costs.
The goods shall be returned on the purchaser’s risk; he may want to use a service guaranteeing delivery.
This return policy shall not apply to modified or customised models.

CANCELLATION
If the order for a modified or customised model is cancelled for no reason, the purchaser shall pay the price of the products, as well as, if applicable, transport fees and other costs imputable to the purchaser if the purchaser had not cancelled the order.

GUARANTEES AND RESPONSIBILITIES
Segreto guarantees for the delivery of the appropriate products, without material or production flaws. In addition, the clothes made of special fabrics shall have a 24 month warranty period as of the date of delivery. Both guarantees are subjected to the following conditions:
(a) Segreto shall not be liable: (i) for flaws caused by the misuse of the clothes, deliberate damage, negligence, failure to comply with the instructions, inappropriate work conditions or abusive use. (ii) if the total value of the products is not paid until the due date. (iii) if the flaw occurs as a result of printing or modifications requested by the customer.
(b) If the products are flawed, Segreto has the right to choose between replacing the product without charging any additional fee, correcting the flaw or reimbursing the price paid by the Purchaser. According to the Consumer Protection regulations, the customer has the right to request money reimbursement.
(c) Segreto shall not be responsible for any loss or damage, and the liability of the company shall be limited to the price of the product.
(d) None of these terms shall affect the customer’s rights.
In case of failure of fulfilling the contractual obligations, especially caused by consultancy service errors, of the additional contractual obligations or of  contrahendo fault by us or by a person employed by us to fulfil an obligation, a failure that is not caused deliberately or by negligence, our liability shall be limited to predictable damages, which are characteristic for contracts; this provision shall not apply for damages  suffered by the purchaser and caused by injuries and health damage by fault by us or by a person employed by us to fulfil an obligation.

SAMPLES
Any sample requested shall be invoiced on delivery and we shall be assured that it shall be returned unused within 30 days from the delivery date. If not, the price including the packaging, postal taxes and VAT shall become due.

CLAUSES
Any product provided based on a rental contract shall be stipulated in an appendix to the Terms and Conditions.
As we want to continually improve our services for our customers, calls may be recorded.
These " Terms and Conditions" do not bind Segreto Impex SRL in any way unless a separate contract was signed to regulate the terms and conditions between Segreto Impex SRL and its customer.