ARTICLE 1- Definitions
In these general terms and conditions of sale (the "General Terms and Conditions"), terms not otherwise defined shall have the meanings ascribed to them below:
"Coccole & Ricami di Crimi Giuseppe' means the online sales shop, published on the Site, called 'https://coccoleericami.com/gb/' and managed by G.C.
"G.C." means Coccole & Ricami of Crimi Giuseppe with registered office at Via Onofrio Graziano 26 - 90040 Capaci (PA), enrolled in the Palermo Company Register with VAT No. IT06545290824
"Customer" means any person, whether or not they have completed the registration procedure, who navigates within the Site, including those who act as Registered Customers or Consumer Customers.
"Consumer Customer" means the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, as defined under Article 3(a) of the Consumer Code.
"Registered Customer" means the user who has successfully completed the procedure of registration on the Site, who has chosen his own nickname and password to be able to access, among others, the special section reserved for Registered Customers. The Registered Customer is entitled to navigate within the Site and to use all the Services available from time to time on the Site.
"Consumer Code" means Legislative Decree No. 206 of 6 September 2005.
"Content" means all information, videos, images, sounds, music, photographs, software, newsletters (containing useful news aimed at the use of the Service and therefore to be considered an integral part thereof), animations, databases, design and content, trademarks, logos, technical solutions adopted, the graphics, the look&feel, the structure and any other part already created or to be created, whether registered or not, covered or not by copyright or legally protected, published on the Site or any other material (in any form) or service that is made available through the Site or by G.C. to Customers, including information sheets relating to Products or Services, images or descriptions relating to Products or Services as well as trademarks or logos of third parties that are manufacturers or suppliers of the Products or Services.
"Contract" means, collectively, these General Terms and Conditions of Sale (including any document referred to in these General Terms and Conditions), any further terms and conditions published on the Site, any further rules, directives, codes of conduct and/or instructions on the data sheets of individual Products or otherwise published on the Site and any registration form or Purchase Order issued by the Customer and accepted byG.C.
"Business Day" means each calendar day with the exception of Saturdays, Sundays and other days on which the credit institutions operating on the Capaci square are not, as a rule, open to the public for the performance of their normal activities;
"Purchase Order": means the order for the purchase of Products issued by the Customer in accordance with the purchase procedure set out in Article 3 below.
"Product" means any product offered for sale by G.C. on the Site.
"Site" means, the Internet site https://coccoleericami.com/gb/
Article 2- Object
2.1 The Contract contains the terms and conditions governing:
- the sale of Products purchased by the Customer through the Site;
- navigation of the Site by the Customer as well as the use of all functionalities made available to the Customer through the Site.
- Any purchase of Products made by (A) a Customer, acting as a Consumer Customer, shall be governed not only by the Contract, but also by the provisions of the Consumer Code and Legislative Decree No. 70/2003, as applicable;
Article 3- REGISTRATION ON THE SITE AND ACCEPTANCE OF THE GENERAL CONDITIONS
3.1 The Customer who intends to act as a Registered Customer must complete the registration procedure on the Site by providing the information and personal data requested and indicate an e-mail address G.C. will send an e-mail confirming registration to the e-mail address provided by the Registered Customer during the registration procedure.
3.2 The Registered Customer is obliged to carefully read these General Terms and Conditions as well as, in general, the terms and conditions of the Contract, which can be viewed and printed out during the registration process also by means of a pop-up or hypertext link; the Customer is obliged to accept these terms and conditions by clicking in the box marked "I accept the terms and conditions".
3.3 The Customer expressly authorises G.C. to send this Agreement, including its General Conditions, any special conditions, and all notices relating to the performance of this Agreement to the Customer's e-mail address, including links to the relevant pages of the Site. The Customer acknowledges that this Contract, including the relevant General Terms and Conditions, any particular conditions, and all amendments thereto in force from time to time, may be printed on paper or downloaded by the Customer.
ARTICLE 4- PURCHASE ORDER, Contract Conclusion, Order Status
4.1 Submission of Purchase Order by the Customer
Product offers on Coccole & Ricami of Crimi Giuseppe or, in general, on the Site are not binding on G.C. and do not constitute an offer to the public, but constitute an invitation to the Customer to submit to G.C. orders to purchase Products .
The Contract must be reviewed by the Customer before placing any Purchase Order for Products or Services. Without prejudice to the provisions of Article 3 above for Registered Customers, the submission of a Purchase Order by the Customer implies full knowledge and acceptance of these General Conditions as well as of the Contract in general.
Purchase Orders shall be filled in using the electronic form made available in the relevant section of the Site, and shall be sent to G.C. through the Site, according to the procedures indicated therein.
Each Purchase Order sent by the Customer shall have the value of a binding contractual proposal pursuant to Article 1326 of the Civil Code.
Before sending the Purchase Order, G.C. will provide the Consumer-Client with the information (relating to the Products to be purchased) envisaged by Article 52 of the Consumer Code as well as by Article 12 of Legislative Decree No. 70 of 9 April 2003.
4.2 Acknowledgement of receipt of Purchase Order byG.C.
After having sent his or her Purchase Order for Products or Services, the Customer will receive an email from G.C. in which G.C. will inform the Customer that it has received the same Purchase Order, indicating its identification number.
In the aforementioned e-mail, G.C. will also summarise the unit cost of each Product chosen, the total order line, the total cost of the order (in the event of the purchase of several Products) and any costs for Services (i.e. transport, shipping and installation).
Upon receipt of the aforementioned confirmation email, the Customer may verify the correctness of the data, Products and Services purchased and, if necessary, report anomalies and/or errors or request information by sending an email to email@example.com
4.3 Acceptance of the Purchase Order and Conclusion of the Contract
A.S. shall communicate acceptance of any Purchase Order for Products or Services, subject to:
- verifying the availability of the Product itself .
- the positive verification of the regularity of the payment of the consideration by the Customer (unless the Customer has opted for payment by cash on delivery), namely: (i) authorisation of payment by the bank circuit, in the case of payment by credit card or PayPal, or (ii) receipt of the bank transfer by G.C., in the case of payment by bank transfer in advance.
The Consumer-Customer undertakes, once the purchase proposal has been made, to print and keep this Contract, in accordance with Articles 52 and 53 of the Consumer Code.
Article 5- Rules and Conditions for Exercising Your Right of Withdrawal According to Legislative Decree No. 185 of 22/5/99
V:A. recognises the right of withdrawal as provided for in the applicable legislation.
RIGHT OF WITHDRAWAL
The Consumer Customer, as defined in Article 3 of the Consumer Code, has the right to withdraw from the Contract within 14 days of receipt of the purchased product(s) by means of a registered letter with return receipt, before the expiry of the Withdrawal Period, addressed to
Coccole & Ricami of Crimi Giuseppe
Via Onofrio Graziano 26
90040 Capaci (PA)
Alternatively, the Customer may send the Notice of Withdrawal, within the Withdrawal Period indicated below, by e-mail to the following firstname.lastname@example.org
The Notice of Withdrawal shall contain the intention to withdraw from the Purchase Agreement and specify the Product(s) for which the Right of Withdrawal is to be exercised.
The customer may avail himself of all the rights set forth in Articles 52 et seq. of the Consumer Code, as amended by Legislative Decree No. 21 of 21/02/2014, and therefore has the right, for any reason whatsoever and without penalty, within 14 (fourteen) days from the day on which the Consumer or a third party designated by the Consumer and other than the Carrier, receives the product(s).
The Notice of Withdrawal shall contain the intention to withdraw from the Purchase Agreement and specify the Product(s) for which the Right of Withdrawal is to be exercised.
Theright of withdrawalIs the possibility given to the customer/consumer to unilaterally terminate the contractual obligation by returning the purchased goods and obtaining a refund of the price paid.
It may be exercised in relation to contracts for the sale of goods or services concluded at a distance or away from business premises, betweenconsumer(the natural person who purchases the goods/service for purposes not related to his or her professional activity and who does not make the purchase by indicating a VAT reference) andprofessional, and only by the former against the latter, not vice versa.
As provided for by law, the Customer/Consumer shall be liable for any diminution in the value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics and functioning.
It therefore does not apply to all goods purchased directly in the shop, of which the purchaser has presumably had prior sight and knowledge of all the characteristics: repudiation is not recognised as a right, unless agreements prior to the conclusion of the contract were made directly with the seller.
The costs of collecting the goods included in the request for withdrawal shall be borne by the Customer/Consumer.
The right of withdrawal under the decree does not cover all purchasers but only consumers.
- the consumer is the natural person acting for purposes unconnected with any business or professional activity carried on' (Art. 1469 bis). Basically, companies and professionals with a VAT registration number cannot enforce the right of withdrawal for purchases made in that capacity.
by registered letter with acknowledgement of receipt to the address Via Onofrio Graziano 26 - 90040 Capaci (PA)
or by sending an e-mail by filling in the contact form
In order to receive a refund in the case of payment by credit card, we will re-credit the amount paid by reversing the amount from our back office. Otherwise, it will be necessary to provide the details of a bank account where the refund can be made (IBAN code and account holder). The refund by bank transfer will be made within 10 to 15 days.
In order to make use of the right of withdrawal, it is necessary that:
the customer expresses the wish to make use of the right of withdrawal in the manner described above
the purchased goods are undamaged and returned in their complete original packaging .
the product is returned within the time and in the manner described above. The costs of redelivery shall be borne by the customer.
Once the goods have arrived at our warehouse, they will be examined for any damage or tampering not resulting from transport. After checking the integrity of the goods, G.C. shall send the Customer Consumer, by e-mail, confirmation of the acceptance of the returned Product and the re-credit, within 30 (thirty) days from the date on which G.C. became aware of the exercise of the right of withdrawal by the Customer Consumer of the sums already paid by the latter for the purchase of the Product. . The refund shall concern the price of the product excluding the shipping costs incurred by the customer.
In the event that there is no correspondence between the recipient of the Products indicated in the Purchase Order and the person who made the relevant payment, in the event that the right of withdrawal is exercised by the Consumer-Client, the refund of the sums shall be made by G.C., in each case, to the person who made the relevant payment.
In all cases of the return of goods, the transport costs shall be borne by the customer.
G.C. shall not be liable in any way for damage or theft/loss of products returned by uninsured shipments.
Conditions of Sale
The present general conditions of sale are governed by the Consumer Code (Legislative Decree No 206 of 6 September 2005) and by the rules on electronic commerce (Legislative Decree No 70 of 9 April 2003, Law on Electronic Commerce) and apply exclusively to distance selling via the Web of the Products identified on the https://coccoleericami.com/gb/ site
Pursuant to Art. 50 et seq. of Legislative Decree 206/2005 and Legislative Decree 70/3003, the offer and sale on the https://coccoleericami.com/gb/ website integrate a distance contract, concerning the sale of Products on the https://coccoleericami.com/gb/ website, between the Coccole & Ricami of Crimi Giuseppe, based in Via Onofrio Graziano 26 - 90040 Capaci (PA), P.IVA IT06545290824 and the Consumer.
These general terms and conditions of sale ("General Terms and Conditions") and, in particular, the information referred to in Article 52 of the Consumer Code, as provided by Coccole & Ricami of Crimi Giuseppe, shall remain valid and effective until amended and/or supplemented byCoccole & Ricami of Crimi Giuseppe. Any amendments and/or additions to the General Conditions shall be effective as of the date on which they are communicated to the public and shall apply to sales made as of that date.
The latest updated version of the General Terms and Conditions is the one on the Site.
Article 6- PRODUCT FEATURES
The prices of the Products published on the Site include VAT, but do not include any transport costs or commissions.
Without prejudice to the foregoing, G.C. reserves the right to change at any time, at its sole discretion and without prior notice, the price of the Products and Features from time to time on the Site, without providing any guarantee that the price of the Products or Features will remain available on the Site or unchanged for a certain period of time. On the contrary and for the sake of clarity, any price agreed upon following G.C.'s acceptance of a Purchase Order issued by a Customer shall remain firm and unchangeable between the parties.
6.2 Description of Products
The images or photos used to accompany each Product description sheet (given the nature of the product itself, which is modelled and painted by hand) are merely indicative and may not be perfectly representative of the characteristics of the Product received, as it may differ in colour, size or shade from the photos used to accompany it.
The item shipped may not be identical to the one in the photo, because the very nature of the product, modelled and painted by hand, means that each item is different from the next, making it a unique object. Therefore, the dimensions, decorations and colour tones described in the photos are purely indicative.
6.4 Availability of Products
The availability of each Product varies according to the product itself. The possibility for Customers to place orders on-line constantly modifies the availability of the Products, G.C. does not guarantee the availability of the Products ordered by the Customer but reserves the right to check it from time to time, notifying the Customer in accordance with article 4 above.
Article 7- Method of payment
(1) Advance bank transfer
In the case of home delivery of the Product, if the Customer has chosen to make payment by bank transfer in advance, payment may be made within 5 (five) Business Days from the date on which G.C. has acknowledged receipt of the Purchase Order in accordance with article 4 above.2; if the bank transfer is not received by G.C. within that period, G.C. shall be entitled not to accept the relevant Purchase Order or, if the Purchase Order has already been accepted, the relevant Contract shall be deemed automatically terminated and ineffective and the Customer shall receive an e-mail from G.C. to that effect.
The Customer's bank may charge a commission for the execution of the transfer.
In any event, the Products that are the subject of each Purchase Order accepted by G.C. will be shipped by G.C. only after G.C. sees the crediting of the amount due on its bank account (the bank transfer details will be provided immediately after completion of the online order).
If the customer has chosen to purchase via the PayPal payment method, upon conclusion of the order, the customer is directed to the PayPal login page.
The amount due by the Customer in respect of each Purchase Order is debited from the PayPal account at the time the Customer sends the Purchase Order.
For each transaction performed with the PayPal account, the Customer will receive a confirmation e-mail from PayPal.
G.C. reserves the right not to accept Purchase Orders or to suspend the execution of already concluded Contracts if PayPal signals anomalies or irregularities in payment. In this case, G.C. reserves the right to ask the Customer for additional information and/or to send copies of documents proving the ownership of the credit card used for the purchase. In the absence of the requested documentation, G.C. reserves the right not to accept the Purchase Order or to terminate any Contract already concluded, without this giving the Customer any right to claim damages or to assert other claims.
Article 8- Payment Security
In the case of payments made online, the data provided by the customer are transmitted in a secure manner that prevents others from reading them.
The application software that G.C. uses to manage payments through credit cards and thus through paypal is with SSL (Secure Socket Layer) protocol to encrypt data sent over the Internet and VerifiedByVISA and SecureCard for transaction security.
To be sure of a secure connection, it is necessary to use a browser such as Internet Explorer (5.x and later), Netscape Navigator (4.x and later), Mozilla Firefox (1.x and later), Opera, Safari or Chrome capable of transmitting encrypted data with our site.
To know whether you are on a secure connection, simply check that there is the prefix 'https' instead of 'http' in the page address, and that the padlock image visible in the browser's bottom bar is 'closed'.
In addition, please note that the credit card data is only transmitted to the bank's server after the customer has clicked on the confirmation (for the purpose of this, it is important to note that not even A.S. has the possibility of viewing this data).
Until that time, the data remain stored exclusively on the customer's computer.
Article 9- Shipping costs
To the price of the Product purchased by the Customer for which home delivery is requested, an amount shall be added by way of delivery charges. This amount is calculated automatically by the system of Coccole & Ricami of Crimi Giuseppe, having regard, among others, to the weight and size of the Products, but without distinction as to the place of delivery within the Italian territory. This amount shall be indicated in the Purchase Order before it is sent by the Customer.
Article 10 -Delivery time.
Being handmade items, our products have delivery times that vary depending on availability from3A15Working days from order confirmation.
Article 11- SAFETY
The Registered Customer is responsible for the preservation and proper use of all e-mails, user names, nicknames and passwords used to connect to the Site and must take all necessary steps to ensure that they are used properly and that user names and passwords are kept secret and not disclosed to any unauthorised person.
The Registered Customer is liable for all activities performed by means of his account and is liable for damages resulting from the misuse of his access data by third parties.
The Registered Customer must inform G.C. immediately if there are reasons to believe that a user name (i.e. e-mail) or password is, or is likely to be, known by someone not authorised to use it or is likely to be used in an unauthorised manner.
If a Registered Customer forgets or loses his user name, he must contact G.C., and carry out the security checks required byG.C.
G.C. reserves the right to suspend user names (i.e. e-mail), nicknames and passwords for access to the Site if it considers that there is - or is likely to be - a security problem or unauthorised use thereof.
The Registered Customer is responsible for the truthfulness of the information and personal data provided upon registration. The Registered Customer must immediately inform G.C. of any change in the information and personal data provided upon registration or, if possible, directly update them, so that such information and personal data are always current, accurate, complete and true. In the event that false, inaccurate or incomplete information or personal data is provided, or G.C. has a well-founded suspicion that it has been provided, G.C. shall be entitled to prevent the Registered Customer from using the Site.
ARTICLE 12- USE OF THE SITE
The Site, the Products, and the functions made available or purchased through the Site are provided solely for the personal use of the Customer. The Customer may not resell or attempt to resell any Products, Services, Content or features made available or purchased through the Site to any third party, nor may the Customer use the Site for the purpose of conducting business or otherwise for professional or commercial purposes, including the advertising, promotion, placement or any other form of marketing of Products, Services or Content made available through the Site, without the prior written consent ofG.C.
The Customer shall not copy, modify, transmit and externally distribute, publicly display, download, print or publish any part of the Site or the Content for commercial purposes. The Site may only be used for the Customer's personal purposes and in accordance with this Agreement.
You may not modify or vary the editing, graphics, layout or look and feel of any web page on the Site in any way, and these will be determined by G.C. or on behalf of G.C. in its sole discretion. G.C. shall be entitled to include its trademark, trade name, logo, ideogram, or other distinctive sign of G.C. or of third parties as well as to insert advertising banners, hyperlinks or other forms of publicity at its total discretion within each web page within the Site.
The Customer shall not exploit or use the Site, or any Content, in such a way as to cause detriment to G.C. or third parties. In particular, the Customer shall refrain from using the Site or the Content to carry out activities in competition, or in any case in such a way as to cause damage or harm to the interests, including economic interests, or to the image of G.C., other Customers or third parties.
The User is solely responsible for the evaluation of any Product or Service on the Site.
G.C. accepts no liability for personal data or information or other content that may be sent, disseminated, uploaded or downloaded by the Customer or any third party through the Site. In the event that the Site allows the Customer to formulate comments or opinions regarding Products, Services or functions made available through the Site, the Customer undertakes to ensure that such comments or opinions are specifically referred to the activity of the economic operator being commented on and refer to specific and circumstantiated facts. Notwithstanding the foregoing, G.C. reserves the right not to disseminate, remove from the Site or edit without prior notice any content made available by the Customer of which it has become aware, as well as any other content published by third parties that constitutes or may constitute a breach of this Agreement, of mandatory law or of the rights of third parties, or where G.C. believes in good faith that such information or content constitutes a breach of this Agreement or of law.
The Customer shall indemnify G.C. against any claim or legal action brought or threatened against G.C. by a third party as a result of the Site or its functions being used by the Customer in breach of this Article as well as in breach of any other provision of this Agreement.
ARTICLE 13- Intellectual property.
The intellectual property rights relating to the Site or the Content are and remain the exclusive property of G.C. or its licensors.
The Customer is expressly prohibited from copying, modifying, creating works or derivative works from or based on the Site, the Content or the software.
The Customer is expressly prohibited from downloading, copying, reproducing, duplicating or otherwise using or disseminating any trade mark, trade name, logo, ideogram or other distinctive sign relating to Coccole & Ricami of Crimi Giuseppe with its products.
Article 14- Protection of personal data.
The information notice prepared pursuant to Article 13 of Legislative Decree No. 196 of 30 June 2003 (the so-called Personal Data Protection Code) is to be considered an integral part of this Contract.
Data Controller in the Privacy Act :Crimi Giuseppe - Via Onofrio Graziano 26 - 90040 Capaci (PA)
Article 15- COMMUNICATION AND PROBLEM-SOLVING
Any communication relating to these General Terms and Conditions or, in general, to any Contract entered into with G.C. must be sent by post, fax or e-mail to the addresses indicated below:
Coccole & Ricami of Crimi Giuseppe
Via Onofrio Graziano 26 - 90040 Capaci (PA)
For telephone assistance relating to Coccole & Ricami of Crimi Giuseppe, please call (+39) 3888071332 from Monday to Saturday (excluding holidays) from 9.00 a.m. to 5.00 p.m.
Article 16- Jurisdiction and competent court
The Contract is governed by Italian law.
For any dispute relating to the validity, effectiveness, interpretation or execution of each Contract as well as, in general, relating to the navigation of the Site by the Customer or to the use of any functionality made available to the same Customer through the Site, the Court of Palermo shall have exclusive jurisdiction, without prejudice to the mandatory jurisdiction of the place of residence or elective domicile of the Customer acting as a Consumer Customer, pursuant to the Consumer Code.