1. Definitions

For the purposes of purchasing Ciocca’s products from the website www.ciocca.it and with reference to the contractual provisions regulating the online trading, the following terms will have the meaning explained below:

  • Seller: the company Ciocca S.p.A., seated in Quinzano d’Oglio (BS), Via Luigi Ciocca, 11, fiscal code: 00283120178 / VAT Number 00549760981, that produces and/or markets the products through the website www.ciocca.it;
  • Customer: the subject (both natural and juridical person) who purchases the products through the website www.ciocca.it;
  • Consumer: the customer protected by the provisions of the Consumer Code (Legislative Decree 206/2005), being a natural person who purchases a product for purposes unrelated with his/her professional activity;
  • Product: the goods described in the on-line catalogue, that can be purchased through the website www.ciocca.it, produced and/or marketed by the Seller;
  • Contract: the trading agreement deriving from the meeting of the customer’s will of purchasing a product – expressed by filling in the forms present in the section ‘MY ACCOUNT’ (for users that are not registered to the website yet), or ‘REGISTERED CUSTOMERS’ LOG-IN’ or ‘REGISTERED USER’ (for users already registered to the website) of the website www.ciocca.it, based on the procedure described in points 2 and 3 of these provisions – with the seller’s will of selling such product, expressed by acknowledgement and transmitted according to the methods described in point 3;
  • Withdrawal: the display of the consumer’s will to renounce the purchase already concluded, availing him/herself of the protection offered by the Consumer Code (article 64 and following ones of Legislative Decree 206/2005), better described in point 6.

 

 

  1. Purchasing procedure

            The Products that can be purchased through the web site www.ciocca.it are only the ones specified and described in the on-line catalogue, that can be consulted in the pages ‘man’, ‘woman’, ‘unisex’, ‘children’, ‘baby’, ‘promotions’ and ‘new’.

The Customer purchases the Products by filling in all fields of the forms contained in the pages ‘MY ACCOUNT’ (for users that are not registered to the website yet), or ‘REGISTERED CUSTOMERS’ LOG-IN’ or ‘REGISTERED USER’ (for users already registered to the website) of the website www.ciocca.it. The will of purchasing by the Customer is confirmed by selecting the icon ‘PURCHASE’ in the page ‘ORDER SUMMING UP’. Until the above-mentioned confirmation is not supplied, the Customer can go back to the previous pages and modify the data. The page with the icon ‘PURCHASE’ specifies and summarizes all significant data of the purchase in compliance with the provisions of the Consumer Code (article 52 of Legislative Decree 206/2005).

Before confirming the purchase proposal, the Customer shall tick the checkbox ‘I accept the conditions’ (during the user’s registration stage), by which the Customer declares he/she has examined these general provisions, obtained all necessary information for the conscious choice of purchasing the Product and the Information Note on the processing of personal data, pursuant to Legislative Decree 196/2003.

In case the Customer is also the Consumer, at the end of the purchasing procedure, he/she will print or virtually store these general provisions according to the provisions of the Consumer Code (article 50 and following ones of Legislative Decree 206/2005).

 

  1. Drawing up of the Contract

The Contract is drawn up when the Seller acknowledges the purchasing proposal made by the Customer according to the methods regulated by these contractual provisions.

In particular, the Seller acknowledges the receipt of the purchasing proposal and accepts it, summarizing all data with a confirmation e-mail that is automatically sent to the Customer after the receipt of the payment. The e-mail is worth as an acknowledgement for all legal purposes and determines the execution of the contract.

The Customer shall verify the exactness of the data contained in the confirmation e-mail and immediately communicate possible anomalies and variances to the Seller who will correct them before shipping the goods.

The confirmation e-mail contains, among other things, the code of the purchase that the Customer shall quote in all communications with the Seller, inclusive of the withdrawal request.

The Seller can accept or not the Customer’s purchasing proposal. In case of non-acceptance, the Seller will promptly inform the Customer by e-mail, refunding him/her the amount already paid according to the methods explained below.

 

  1. Payment of the Product   

The payment can be made only in one of the following ways:

  • At the moment of the confirmation of the will of purchasing. By selecting the icon ‘PURCHASE’ in the page ‘ORDER SUMMING UP’, the Customer will be readdressed to the page of the web site www.nexi.it or www.paypal.com, where he/she will make the payment.
  • By advanced wire transfer, using the data specified below.

The shipping of the Product is conditioned to the execution of the payment.

The Seller accepts the following payment methods:

  • Credit Card: through safe connection with Token request to Cartasì web site nexi.it (Nexi XPay) according to the rules specified there for the payment;
  • Credit Card: through safe connection to the web site www.paypal.com (PayPal) and based on the rules specified there for the payment;
  • Advanced wire transfer, to be carried out using the following data:

CIOCCA S.p.A.

IBAN: IT05D 03111 55070 000 000 000 132

UBI BANCA – Branch of Quinzano d’Oglio (BS)

Please specify as a description: ‘On-line purchase of Ciocca’s socks’.

 

  1. Shipment and delivery of the Product

The Seller can accept purchasing proposals coming from Customers who live or are domiciled in Italy or – anyway – it can send the Product only to Italian destinations.

The shipping charges are 10 € for each order, while the shipment is free of charge in case of orders exceeding the amount of 100 €.

The Products are shipped by Express Courier.

The Products are shipped within 2/5 days (Sundays and public holidays excluded) from the execution of the payment with Credit Card or advanced wire transfer, depending on the method of payment chosen by the Customer at the purchase.

The Products will be delivered in working days. In case of non-delivery, the courier will try to deliver the goods the following working day. In case the impossibility of delivering the parcel should persist, the courier will leave a notice of non-delivery, containing the request of picking up the parcel at the courier’s warehouse. Otherwise, the courier can contact the Customer by phone, trying to agree the date of delivery of the goods. In case the parcel is not picked up from the courier’s warehouse within 10 days, the Product will be sent back to the Seller.

In the exceptional case when the Product is not available or in case it’s impossible to ship it within the terms foreseen – for whichever reason -, the Seller will communicate the reasons to the Customer and will return him/her the amount paid by Credit Card, PayPal or wire transfer, depending on the payment method chosen by the Customer at the purchase.

No refund will be due to the Customer in case of non-delivery.

The Customer shall verify that the Product corresponds to the specifications of the Contract and that the package containing the Product has not been opened. In case the Product doesn’t correspond, or the package has been opened, the Customer shall specify the qualified acceptance on the delivery form supplied by the courier, describing the reasons. Immediately after, and anyway no more than 2 days after the receipt of the Product, the Customer shall send an e-mail to the Seller, through the special electronic form on the page ‘REQUESTS’ of the web site www.ciocca.it, describing the nature and quantity of the anomalies detected.

In case the Customer signs for acceptance of the Product without any further specification or in case anomalies are detected at the delivery but are not communicated by e-mail within the above specified term, the goods will be deemed compliant with the Contract and accepted without any condition by the Customer.

 

 

  1. Right to cancel and return the Product

In case the Customer is also the Consumer, pursuant to article 64 and following ones of the Consumer Code (Legislative Decree 206/2005), the Customer-Consumer can exercise the right to cancel without specifying the reason.

The right to cancel has to be exercised within 14 working days from the date of receipt of the goods.

The right to cancel has to be exercised in one of the following ways:

  • Sending the Product back to the Seller: by insured courier BARTOLINI, whose cost will be borne by the Seller. The Customer shall fill in the Goods Return Form in the page ‘WITHDRAWAL’ of the web site www.ciocca.it, specifying the code of the order. The goods have to be delivered to the courier within 3 working days from the filling in of the above-specified form.

The Seller will return the amount paid to the Customer-Consumer within 30 days from the receipt of the e-mail on his/her Credit Card, by PayPal or wire transfer, depending on the payment method chosen by the Costumer at the purchase, without prejudice to the provisions in case of receipt of damaged products.

At the receipt of the Product, the Seller will verify it, in order to evaluate the conditions and quantity of the items.

  • In case the package is damaged, to the amount to return to the Customer/Consumer will be subtracted the value of the package to be restored/replaced. Anyway, the amount cannot exceed the 20% of the purchasing price.
  • In case of damage or excessive wear of the goods – or in case of wear incompatible with the mere employment for the purposes of checking the product’s wearability – the Customer/Consumer’s right to cancel will decay. In such case, the Seller won’t refund any amount and the Product will remain at the Seller’s premises, where it can be picked-up at the Customer/Consumer’s responsibility and expenses within 6 months from the receipt.

In both the above cases, the Seller will communicate to the Customer/Consumer by e-mail the quality and entity of the damages detected during the control.

 

  1. Guarantee

The Products purchasable on the web site www.ciocca.it, produced and/or marketed by the Seller, are guaranteed for 24 months from the date of receipt, in case the purchase is carried out by a Consumer.

The guarantee is given provided that the Consumer informs promptly the Seller on defects and non-conformities detected on the Product within 2 months from the detection. The Seller will replace the Product or pay an amount to reduce the selling price as a compensation for the defects and non-conformities, without prejudice to the provisions to protect consumers of the Consumer Code (article 130 of Legislative Decree 206/2005). The Seller reserves the right to replace the defective or dissimilar Product with a Product having the same – or superior – quality and features of the originally purchased Product.

The guarantee isn’t given in case the defects or non-conformities detected are ascribable to the deterioration deriving from the normal employment of the Product. For such purpose, the Seller reserves the right to verify, at its own responsibility and expenses, the entity of the defects and non-conformities detected. The Consumer shall make such inspection easier.

 

  1. Customer Service

All communications concerning the quality of the Product and its compliance with the order, more than in the ways and for the purposes regulated by the previous general clauses, can be addressed to the Customer Service, whose contact details are specified in the page ‘CONTACTS’ of the web site www.ciocca.it.

 

  1. Place of jurisdiction

The Contract is drawn up and regulated according to the Italian laws. In case of disputes arising from this Contract, the place of jurisdiction is the Court of Brescia, unless the Customer is also a Consumer, in which case, in compliance with the provisions of the Consumer Code (article 34 of Legislative Decree 206), the reference court of the municipality where the Customer resides shall have jurisdiction.

 

  1. Personal Data Protection

All personal data supplied by the Customer while filling in the forms of points 2 and 3 of these general provisions, as well as all other personal data communicated to the Seller are processed in compliance with the provisions on data protection of Legislative Decree 196/2003 and of the European Regulation on the processing of personal data. The complete Information Note can be consulted in the section ‘DATA PROTECTION’ of the web site www.ciocca.it.