1- Definitions For the purpose of purchasing Ciocca products from the Ciocca.com website and in relation to the contractual clauses concerning online sales, the following terms are defined: Seller: Ciocca S.p.A., located in Quinzano d'Oglio (BS), Via Luigi Ciocca, 11, Tax Code 00283120178 / VAT No. 00549760981, which produces and/or markets the products through the Ciocca.com website. Customer: the individual or legal entity who purchases the products through the Ciocca.com website. Consumer: a customer protected by the rules of the Consumer Code (Legislative Decree 206/2005) as an individual who purchases the product for purposes unrelated to their professional activity. Product: the good or goods described in the online catalogue and purchasable from the Ciocca.com website, produced and/or marketed by the seller. Contract: the sales agreement which is perfected by the meeting of the customer's intention to purchase the product, expressed through the completion of the forms in the "REGISTER NEW USER" section (for users not yet registered on the site) or "LOGIN REGISTERED CUSTOMERS" or "ALREADY REGISTERED USER" (for users already registered on the site) of the Ciocca.com website, according to the procedure described in points 2 and 3 of these clauses, with the seller's intention to sell the product, expressed through acceptance and transmitted as described in point 3. Withdrawal: the manifestation, by the consumer, of the intention to renounce the purchase already completed, benefiting from the protection offered by the Consumer Code (articles 64 et seq. of Legislative Decree 206/2005) and better described in point 6.
2 - Purchase Procedure The products that can be purchased from the Ciocca.com website are exclusively those indicated and described in the online catalog, which can be consulted on the "men", "women", "unisex", "children", "baby", "promotions", "new arrivals" pages of the website. The customer purchases by completing all the fields of the forms contained in the "REGISTER NEW USER" (for users not yet registered on the site) or "LOGIN REGISTERED CUSTOMERS" or "ALREADY REGISTERED USER" (for users already registered on the site) pages of the Ciocca.com website. The customer's confirmation of their intention to purchase is given only by selecting the "BUY" icon in the "ORDER SUMMARY" page. Until this confirmation is given, the customer may return to the previous pages and modify the data entered there. In any case, the page containing the "BUY" confirmation icon provides and summarizes all the relevant data for the purchase, in compliance with the regulations of the Consumer Code (art. 52 of Legislative Decree 206/2005). The confirmation of the purchase proposal by the customer is preceded by ticking the checkbox "I accept the conditions" (during the user registration phase) with which the customer declares that they have read these general clauses, obtained all the necessary information for a conscious choice to purchase the product, and received the information on the processing of personal data according to Legislative Decree 196/2003. If the customer is also a consumer, at the end of the purchase procedure, they must print or save these general clauses in a virtual form, as required by the Consumer Code (art. 50 et seq. Legislative Decree 206/2005).
3- Conclusion of the contract The contract is concluded with the acceptance by the seller of the purchase proposal formulated by the customer in the forms regulated by these contractual clauses. Specifically, the seller confirms the receipt of the purchase proposal and accepts it by summarizing all the data through a confirmation email that is automatically sent to the customer after receiving the payment. The sending of the confirmation email constitutes acceptance for all legal purposes and determines the completion of the contract. The customer is required, in any case, to verify the accuracy of the data contained in the confirmation email and to immediately communicate any anomalies and discrepancies to the seller, who will correct them before sending the goods. The confirmation email contains, among other things, the order code that the customer must refer to in all communications with the seller, including the request for withdrawal. The seller is free to accept or not accept the customer's purchase proposal. In case of non-acceptance, the seller will promptly inform the customer by email and will also proceed with the refund of the previously made payment through the procedures indicated in the following point.
4- Payment of the product Payment can be made exclusively through one of the following methods: made simultaneously with the confirmation of the intention to purchase by selecting the "BUY" icon on the "ORDER SUMMARY" page, which will redirect the customer to the www.paypal.com website where the payment must be made. Payment can be made by advance bank transfer, using the data reported below. The sending of the product is conditional upon the completion of the payment. The seller accepts the following payment methods: Credit card: through the connection to the www.paypal.com website (PayPal) and according to the rules indicated therein for payment. Advance bank transfer to be made using the following data: CIOCCA S.p.A. IT57N 03069 55072 1000 0000 0049 Intesa SanPaolo Quinzano d'Oglio branch (BS) Please specify as a reason for the payment "On-line Purchase Ciocca Socks"
5- Shipping and delivery of the product The seller may accept purchase proposals from customers residing or domiciled in Italy or, in any case, ship the product exclusively to destinations located within Italian territory. Shipping costs amount to 5€ per order and are free for orders over 25€. The product is shipped via BRT, FedEx, or TNT courier. Shipping takes place within 1/3 days (excluding Sundays and holidays) from the completion of payment made by credit card or advance bank transfer, depending on the payment method chosen by the customer at the time of purchase. Delivery will take place on weekdays, and in case of failed reception, the courier will attempt delivery again the following business day, proceeding, in case of persistent impossibility, to post the non-delivery notice containing the invitation to pick up at the courier's warehouse. Alternatively, the courier may contact the customer by telephone to arrange for the delivery of the goods. If the product is not picked up from the courier's warehouse within 10 days, it will be returned to the seller. In the exceptional case of product unavailability or impossibility for another cause to ship within the established terms, the seller will communicate the reasons to the customer and refund any amount collected from the customer, by reimbursement on the credit card, through the PayPal service, or by reimbursement through bank transfer, depending on the payment method chosen by the customer at the time of purchase. No compensation will be recognized to the customer in any case for non-delivery. The customer must verify the correspondence of the product to the contract specifications and the absence of tampering with the packaging containing the product. In case of non-correspondence or tampering, the customer must indicate on the delivery form presented by the courier that acceptance takes place with reserve and specify the reasons. Immediately after and in any case no later than 2 days from the receipt of the product, the customer must send an email to the seller, using the specific electronic form available on the "REQUESTS" page of the Ciocca.com website, describing the nature and quantity of any anomalies detected. In case of signing for receiving the product without further indications or in case of anomalies found at the time of delivery and non-communication by email of the same within the aforementioned deadline, the goods will be deemed in accordance with the contract and as such accepted without reservation by the customer.
6- Right of withdrawal and return of the product In case the customer is also a consumer, pursuant to articles 64 and following of the Consumer Code (Legislative Decree 206/2005), the consumer-customer may exercise the right of withdrawal without giving any reason. The right of withdrawal must be exercised within and no later than 14 working days from the date of receipt of the goods. The right of withdrawal can be exercised in one of the following ways: Return of the product to the seller: through the courier indicated by the support, the cost of which will be borne by the seller, in case the product is damaged, defective or incorrect due to internal errors of the company. The customer must complete the return form for the merchandise located on the "CONTACT US" page of the Ciocca.com website, making sure to indicate the order code. Delivery to the courier for return must take place within 3 working days from the completion of the aforementioned form. Reshipment to the seller of the product: With transport paid by the customer for dissatisfaction or customer error: In case you wish to return a product due to personal dissatisfaction or errors made during the purchase (for example, wrong size or color selected), the return transport will be charged. You have two options to make the return:
I. Shipping via our partner courier: in this case, you will be charged a fixed cost of 5€, which will be deducted from the refund amount. Our customer service will provide you with a prepaid shipping label to use for the return of the item.
II. Shipping via a courier of your choice: if you prefer to use a different courier than the one partnered with Ciocca.com, you will pay the shipping cost directly to the courier. Please note that Ciocca.com will not be responsible for any loss or damage suffered by the package during transportation, so we recommend using a traceable and insured shipping service. The seller will refund the amount paid by the consumer-customer within 30 working days from the receipt of the goods, by refunding on the credit card through the PayPal service or by refunding via bank transfer, depending on the payment method chosen by the customer at the time of purchase, except as provided in the case of receipt of damaged product. Upon receipt of the product, the seller will proceed with the verification of the same in order to evaluate its condition and the quantity of the items.
a. In case of damage to the packaging, the amount to be refunded to the consumer-customer will be reduced by the value of the packaging to be reintegrated/replaced, in any case, for an amount not exceeding 20% of the purchase price.
b. In case of damage or excessive wear of the goods, incompatible with mere use for the purpose of size testing, the consumer-customer's right of withdrawal will be forfeited. In this case, the seller will not make any refund, and the product will remain stored with the seller, where it can be picked up at the expense and care of the consumer-customer within and no later than 6 months from receipt.
In both cases mentioned above, the seller will communicate the nature and extent of the damages detected during the inspection to the consumer-customer via email.
7- Product replacement In addition to the right of withdrawal and return of the product, the consumer-customer has the option to request the replacement of the purchased product with another one of equal value or with one of a different value, subject to any economic adjustment. The replacement of the product is subject to the availability in stock of the requested replacement product. To request the replacement of the product, the consumer-customer must complete the return form for the merchandise located on the "CONTACT US" page of the Ciocca.com website, making sure to indicate the order code and the desired product for replacement. The delivery to the courier for the reshipment of the product to be replaced must take place within 3 working days from the completion of the aforementioned form. Shipping costs for the replacement of the product are divided as follows: a) In case the replacement is due to damages or defects of the product or internal errors of the company, shipping costs will be borne by the seller. b) In case the replacement is due to personal dissatisfaction or errors made by the customer during the purchase (for example, wrong size or color selected), shipping costs for returning the product will be charged to the customer, according to the procedures described in the section "Reshipment to the seller of the product" of point 6. Additionally, shipping costs for sending the replacement product will be borne by the customer. The seller will inform the customer of the cost of shipping for the replacement product and the customer must arrange for payment of such costs before the sending of the replacement product. The seller will send the replacement product within 14 working days from the receipt of the original product and the payment of shipping costs for sending the replacement product, provided that the replacement product is available in stock. Otherwise, the consumer-customer will be informed about the estimated timing for sending the replacement product or offered the option to choose an alternative product or to exercise the right of withdrawal and obtain a refund according to the procedures set forth in point 6.
8- Warranty The products available for purchase on the Ciocca.com website, produced and/or marketed by the seller, are guaranteed for a period of 24 months from the date of receipt if the purchase is made by a consumer. The warranty is provided on condition that the consumer promptly notifies the seller of any defects or non-conformities found in the product and in any case no later than 2 months from their discovery. The seller will provide for the replacement of the product or payment of a sum to reduce the selling price in compensation for such defects or faults, subject, in any case, to the provisions of the consumer protection regulations provided for in the Consumer Code (Article 130 Legislative Decree 206/2005). The seller also reserves the right to replace the defective or non-conforming product with a product of equal or superior quality and characteristics as the product originally sold. The guarantee does not apply in cases where the defects or non-conformities found can be attributed to the deterioration resulting from normal use of the product. For this purpose, the seller reserves the right to verify, at its own expense, the extent of the complained defects or non-conformities and, for this purpose, the consumer facilitates the verification process.
9- Images of Products The images of the products displayed on our website, on our sales platforms, and in any promotional materials are for illustrative purposes only. We do not guarantee that the appearance, size, or color of the delivered product will exactly match these images. The images of products on our website and other sales platforms are provided to help customers identify the specific product, but they do not necessarily represent a perfect representation of the product itself. Additionally, images may be subject to change without notice. We recommend customers contact us for any questions or clarifications before making a purchase. We are committed to providing accurate product information and responding promptly to any question, but we are not responsible for any discrepancies between the product image and the product itself. By making a purchase on our website or on other sales platforms, the user accepts and acknowledges that the images of the products are provided for illustrative purposes only and do not necessarily represent a guarantee of the exact characteristics of the delivered product.
10- Customer service All communications concerning the quality of the product and its correspondence to the order, as well as the forms and purposes regulated in the previous general clauses, can be addressed to the customer care service whose contact details are indicated on the "CONTACTS" page of the Ciocca.com website.
11- Competent court The contract is deemed to be completed and regulated in compliance with the rules of the Italian legal system. For the resolution of disputes relating to the contract itself, the Court of Brescia is competent unless the customer is a consumer, in which case, in accordance with the provisions of the Consumer Code (Article 34 Legislative Decree 206), the competent court is the reference court of the municipality of the customer's residence.
12- Privacy All personal data provided by the customer when filling out the forms in points 2 and 3 of these general clauses, as well as all other personal data communicated to the seller, are processed in compliance with the privacy regulations set out in Legislative Decree 196/2003. The complete information can be found in the "PRIVACY" section of the Ciocca.com website.