Terms and Conditions of Use
Publication date on the website and effective date 05/04/2018
Subject
1.1. These general terms and conditions of sale (hereinafter also the "Terms") apply to the purchase of products of the "Ciocca S.p.a." brand (hereinafter "Products" or singular "Product") made through the e-commerce website (hereinafter the "Website") by users who can be qualified as "Consumers" within the meaning of the following article.
1.2. The Website, owned by Ciocca S.p.a., with registered office in Via Luigi Ciocca, 11, 25027 Quinzano d'Oglio (BS), Tax Code 00283120178 / VAT 00549760981 (hereinafter the "Owner"), is managed by Ciocca S.p.a.
1.2. Anyone who purchases one or more Products for purposes not related to their business, commercial, craft or professional activity, as a buyer (hereinafter the "Consumer"), (Seller and Consumer are hereinafter jointly referred to as the "Parties"). The activities related to the processing of purchase orders, including the delivery of Products, are directly managed by the Owner.
1.3. All communication from the Consumer in connection with and/or related to the purchase of Products – including any notifications, complaints, requests concerning the purchase and/or delivery of Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller via the contact details and according to the procedures indicated on the Website and to the email address.
1.4. Each purchase is governed by the general terms and conditions of sale in the version published on the Website at the time the order is sent by the Consumer.
1.5. The Website is intended for retail trade and as such is exclusively intended for use by Consumers. Persons who are not Consumers are requested not to place orders. If one or more sales are made to a person who cannot be qualified as a Consumer, these Terms apply, but in deviation from what is provided herein:
a) the buyer is not granted a right of withdrawal as referred to in article 10;
b) the buyer cannot claim the warranty on the Products as indicated in article 8;
c) the buyer is not granted any other possible protections, provided herein for the benefit of the Consumer, which reflect or comply with mandatory legal provisions;
d) the sales agreement concluded between the Seller and the buyer is governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.6. Simultaneously with sending the purchase order, the Consumer accepts that the confirmation of the information relating to the placed order and these Terms will be sent to them by email to the address provided during registration on the Website or during the purchase process.
1.7. To make purchases through the Website, the Consumer must be of legal age (18 years) and have legal capacity, which the Consumer declares to possess.
1.8. The Consumer is solely responsible for any costs for the internet connection to the Website, including telephone costs, according to the rates applied by the operator chosen by the Consumer themselves.
1.9. Characteristics of the Products and their availability in different geographical areas.
2.1. The Products are sold with the characteristics described on the Website and according to the Terms published on the Website at the time the order is placed by the Consumer, excluding all other terms or provisions.
2.2. The Seller reserves the right to modify these Terms at any time at its discretion, without any prior notice to Website users. Any changes made are effective from the date of publication on the Website and only apply to sales concluded from that date.
2.3. The prices, Products offered for sale on the Website and/or their characteristics may be modified without prior notice. Such changes only apply to orders not yet confirmed on the date of the change. In any case, before placing the purchase order in accordance with point 3 below, the Consumer is invited to check the final price.
2.4 The Website is accessible worldwide. However, the Products available on the Website can only be purchased by users who request their delivery in one of the countries listed on the Website.
Method of purchasing Products – Formation of each individual purchase agreement.
3.1. The presentation of Products on the Website, not binding for the Seller, constitutes merely an invitation to the Consumer to make a contractual offer to purchase and not a public offer.
3.2. The purchase order sent by the Consumer to the Seller through the Website has the value of a contractual offer and is governed by these Terms, which form an integral part of the order itself and which the Consumer, by sending the order to the Seller, is bound to accept fully and without any reservation. Before proceeding with the purchase of the Products by sending the purchase order, the Consumer will be asked to carefully read these Terms and the information about the right of withdrawal, to print a copy using the print command and to keep or reproduce a copy for personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data. >5.2 The Seller undertakes to make every effort to respect the delivery times indicated on the Website and, in any case, to make the delivery within a maximum period of 30 (thirty) days from the day following that on which the Consumer sent the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will notify the Consumer in writing and will proceed with the refund of any amounts already paid by the Consumer for the Product, in accordance with the following par. 5.3. If the Consumer has chosen bank transfer as payment method, the delivery period starts from the receipt of the amount by the Seller.
5.3. The shipment of Products ordered by the Consumer takes place in the manner chosen by the Consumer, from the options available and indicated on the Website at the time of placing the order. The Consumer undertakes to immediately and as soon as possible check whether the delivery contains all and only the purchased Products and to immediately notify the Seller of any defects in the received Products or their non-conformity with the placed order, according to the procedure established in the following art. 8 of these Terms, failing which the Products shall be deemed accepted. If the packaging or wrapping of the Products ordered by the Consumer arrives clearly damaged at destination, the Consumer is requested to refuse delivery by the carrier/shipper or to accept delivery "with reservation".
Prices, shipping costs, taxes and duties.
6.1. The price of the Products is the price indicated on the Website at the time the order is placed by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), but exclude shipping costs which are calculated before the order confirmation is sent by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Website.
6.2. The Consumer shall pay to the Seller the total price as indicated in the order and in the order confirmation sent by email by the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and repeated in the order confirmation includes indirect taxes (if applicable), excluding any customs duties and other sales taxes, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country where the Products will be delivered. The Consumer is invited to inquire with the competent authorities of their country of residence or destination of the Products, to obtain information about any customs duties or taxes applied in their country of residence or destination of the Products.
6.4. Any and all additional costs, charges, duties and/or taxes that any country may impose for any reason on the Products ordered under these Terms shall be exclusively borne by the Consumer.
6.5. The Consumer declares that not knowing the costs, charges, duties, taxes and/or levies referred to in the preceding paragraphs 6.3. and 6.4., at the time of placing an order with the Seller, cannot be cause for termination of this contract and that they cannot in any way attribute said charges to the Seller.
Payments.
7.1. Payment of the price of Products purchased through the Website must be made within the essential term of 10 (ten) days from the date of sending the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin at the time of crediting the price of the purchased Product(s) to the Seller's bank account.
7.2. Payment can be made by credit card (Stripe), via PayPal or via bank transfer, under the conditions described below. The Seller may allow additional payment methods by indicating them in the payment section of the Website.
7.3. If payment is made via credit card, the Consumer will be redirected to a secure website and credit card details will be transmitted directly to the provider. The data transmitted is sent securely, via encrypted data transmission with a 128-bit SSL (SecureSocketLayer) system. This data is not even accessible to the Seller.
7.4. If payment is made by bank transfer in favor of the Seller, the Consumer must indicate the "Swift" and "IBAN" codes, as shown in the order confirmation, as well as the order number.
7.5. The Seller will immediately send to the Consumer, if legally required, in electronic format by email to the address provided by them, the fiscal receipt relating to the purchase made, if the purchased Products are intended for delivery in Italy, or as an attachment in paper format with the purchased Products in all other cases.
Seller's legal conformity guarantee, notification of conformity defects and warranty statements.
8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree No. 206/2005 (hereinafter "Consumer Code"), the Seller guarantees to the Consumer that the Products are free from design and material defects and conform to the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty is excluded in case of use or washing of the Product that does not comply with proper use and instructions/warnings provided by the Seller and/or Owner, or indicated in the accompanying illustrative documentation, on labels or price tags.
8.2. Under penalty of forfeiture of this warranty, the Consumer must report any defects and non-conformities within 2 (two) months of discovery at the latest, by sending the properly completed form to Customer Service at info@sozzicalze.it of the Seller's Customer Service, by email to e-shop@sozzicalze.it, indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form (at least 1 (one) photo of the Product, the order confirmation sent by the Seller and/or the tax receipt).
8.3. Upon receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Owner's customer service and, after performing quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with a response containing the "Return Code" by email to the address provided by the latter during the registration process on the Website or during order placement. The authorization to return the Products will not in any way constitute an acknowledgment of defects or non-conformities, the existence of which must be verified after the return. Products for which the Seller has authorized return must be returned by the Consumer, together with a copy of the return authorization communication containing the "Return Code", within 30 (thirty) days from the notification of the defect or non-conformity, to the following address:
Ciocca S.p.a.
Via Luigi Ciocca, 11,
Quinzano d'Oglio (BS)
25027
8.4. In case of defects or non-conformities, the Consumer has the right to have the Product's conformity restored by the Seller through repair or replacement, or to alternative remedies in cases expressly provided for in art. 130 of Legislative Decree no. 206/2005.
If the Seller has undertaken to refund the price paid by the Consumer, the refund will be made, where possible, through the same payment method used by the Consumer when purchasing the Product or by bank transfer. It is the Consumer's responsibility to communicate to the Seller, always by email to info@sozzicalze.it, the bank details to make the transfer in their favor and ensure that the Seller is able to refund the amount due.
Liability for damage caused by defective products.
9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply. The Seller, in its capacity as distributor of the Products through the Website, disclaims all liability, without exclusion and/or exception, by indicating, at the request of the damaged Consumer, the identity and domicile of the relevant producer.
Right of withdrawal.
10.1 Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, the Consumer is recognized the right to withdraw from any contract concluded under these Terms, without having to give any reason and without any penalty, within a period of 14 (fourteen) days from (i) the delivery of the Product or (ii) in case of purchase of multiple Products delivered separately with a single order, the delivery of the last product.
10.2 To exercise the right of withdrawal, the Consumer must, before the expiry of the term in the previous point 10.1, access the "My Returns" page through My Account or, if not registered on the website, access the special page and enter the order number and email address used to make the purchase. Alternatively, the Consumer can send an explicit declaration through the contact form or to the email address info@sozzicalze.it, of their decision to withdraw, using the attached standard withdrawal form.
10.3 Following what is established in the previous point 10.2, the Consumer will receive an email confirming the exercise of the right of withdrawal, containing, if they have already received the ordered product, the return form to be included in the package, and instructions for returning the product, which must be sent within the following 14 days to:
Ciocca S.p.a.
Via Luigi Ciocca, 11,
Quinzano d'Oglio (BS)
25027
10.4 If the Consumer has received the product, they must return it without undue delay to the above address and in any case within 14 days from the day they exercised the right of withdrawal. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period. The direct costs and risks of return shipping, as well as proof thereof, are borne by the Consumer. If the Consumer exercises the right of withdrawal through the website, before confirming the return, they will be shown the costs for returning the goods if they wish to use the return shipping offered by the website.
10.5 In case of withdrawal, payments made by the Consumer, including delivery costs (except for additional costs resulting from choosing a type of delivery other than the least expensive standard type), will be refunded without delay and in any case no later than 14 days from the exercise of the right of withdrawal. These refunds will be made using the same payment method used by the Consumer for the original transaction, unless the Consumer requests a refund via a different payment method. In that case, any additional costs resulting from the different payment method will be borne by the Consumer. The refund may be withheld until receipt of the goods or until the Consumer has demonstrated that they have sent back the goods, whichever is earlier.
10.6 The Consumer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasions, scratches, dents, deformations, etc.), are not complete with all their elements and accessories (including intact labels and price tags attached to the product), are not accompanied by their instructions/notes/manuals, original packaging and wrapping and warranty certificate, if present, the Consumer is liable for the reduction in the value of the good and is entitled to a refund of the amount equal to the remaining value of the Product. Therefore, the Consumer is invited not to handle the goods beyond what is strictly necessary to establish their nature, characteristics and functioning, and to cover the original wrapping of the Products with other protective packaging that maintains its integrity and protects it during transport, also against inscriptions or labels.
Intellectual Property Rights.
11.1. The Consumer acknowledges that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on or relating to the Website or Products are and remain the property of Ciocca S.p.a. and/or its successors, without the Consumer acquiring any right thereto by accessing the Website and/or purchasing the Products.
11.2. The content of the Website may not be reproduced, either in whole or in part, transmitted by electronic or conventional means, modified or used for any purpose without the prior written permission of Ciocca S.p.a.
Consumer Data and Privacy Protection.
12.1. To register, place an order and thus conclude the contract based on these Terms, some personal data of the Consumer are requested through the Website. The Consumer acknowledges that the provided personal data will be recorded and used by the Seller and by Ciocca S.p.a. in accordance with and in compliance with the legislation referred to in Italian Law D.Lgs. no. 196/2003 and subsequent amendments - Privacy Law, to execute any purchase made through the Website and, after their consent, for any additional activities as indicated in the specific privacy policy provided to the Consumer through the Website at the time of registration.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer can at any time update and/or modify their personal data provided to the Seller through the dedicated section of the Website "My Account", accessible after authentication.
12.4. For further information on the processing of Consumer's personal data, please refer to the Privacy Policy section and we invite you to carefully read the General Terms of Use.
Security.
>13.1. Although the Seller takes measures to protect personal data against possible loss, falsification, manipulation and improper use by third parties, the Seller cannot, due to the characteristics and technical limitations regarding the protection of electronic communication via the internet, guarantee that the information or data that the Consumer sees on the Website, even after the Consumer has authenticated (logged in), is not accessible or visible to unauthorized third parties.
13.2. The Seller, with regard to credit card payment data, uses the services of Global Collect Service BV, which applies technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the internet.
Applicable law, attempt at conciliation and competent court.
14.1. Any sales contract concluded between the Seller and Consumers pursuant to these Terms is governed by and interpreted in accordance with Italian law and in particular by the Consumer Code, with specific reference to the regulations on distance contracts and by legislative decree of April 9, 2003 no. 70 concerning certain aspects of electronic commerce. In any case, the rights that may be granted to Consumers by mandatory legal provisions in force in their State remain unaffected.
14.2. In case of disputes between the Seller and a Consumer, we already guarantee our participation in an attempt at amicable settlement that any Consumer can promote through RisolviOnline, an independent and institutional service offered by the Arbitration Chamber of the Milan Chamber of Commerce, which makes it possible to reach a satisfactory agreement in a friendly and secure way via the internet with the help of a neutral and competent mediator. For more information about RisolviOnline regulations or to submit a mediation request, visit www.risolvionline.com.
14.3. As an alternative to the conciliation attempt referred to in the previous point 14.2, the Consumer also has the possibility to access the European Online Dispute Resolution platform (the European ODR platform) for the resolution of any dispute between Seller and Consumer. The European ODR platform has been developed and is managed by the European Commission, in accordance with Directive 2013/11/EU and EU Regulation No. 524/2013, to facilitate the out-of-court independent, impartial, transparent, effective, quick and fair resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a professional established in the Union, through the intervention of an ADR entity (alternative dispute resolution) that has joined, selectable from a list available for this purpose. For more information about the European ODR platform or to initiate, through this platform, an alternative dispute resolution procedure relating to this contract, go to the following link: https://ec.europa.eu/odr. The Seller's email address to be indicated in the European ODR platform is as follows:
14.4. If the conciliation attempt referred to in the previous point 14.2 or 14.3 is not participated in or if this attempt fails, the dispute shall be submitted to the court of the Consumer's place of residence or domicile.