General Terms and Conditions of Sale
General Terms and Conditions of Sale
Art. 1 – Definitions
1.1 In these General Terms and Conditions:
- “Contract” means the contract for the sale of Products between Cicaboom and the Buyer, executed with the confirmation of the Purchase Order by Cicaboom further to the receipt of the agreed payment;
- “General Terms and Conditions” means these general terms and conditions of sale;
- “Offer” means any written offer for the purpose of the sale and purchase of Products sent by Cicaboom to the Buyer;
- “Products” means all products commercialized by Cicaboom, both through its website and by means of third parties and/or by any other modalities;
- “Buyer” means any physical or juridical person who has executed, or intends to execute, a sale and purchase Contract of Products with Cicaboom;
- “Cicaboom” means CICABOOM S.r.l., in person of its pro tempore legal representative, having its legal offices in Via Caffaro 2/1, 16124 Genova (GE), Italian Taxpayer Identification Number and VAT number n. IT02411280999, e-mail address: email@example.com, certified e-mail address: firstname.lastname@example.org, as well as its legal successors and assignee;
- “Party / Parties” means the Buyer or Cicaboom, or both;
- “Website” means the following website: www.cicaboom.com, available via the following address: https://www.cicaboom.com;
- “Purchase Order” means the order placed by the Buyer, containing the Products details which is automatically generated after the receipt of payment .
Art. 2 – Preamble
2.1 Prior to the placement of any order for the purchase of the Products, the Buyer shall read the present General Conditions . Further to the placing of the order, these General Conditions shall be considered totally, unequivocally and unreservedly accepted.
The Buyer shall also carefully read the information notice on the protection of personal data, pursuant to Sections 13 and 14, GDPR, available at the following link: https://cicaboom.com/informativa-clienti-e-commerce/.
2.2 Unless otherwise agreed in writing between the Parties, these General Conditions are the only terms and conditions applying to the commercial relationships between Cicaboom and the Buyer. In case of any discrepancies between the provisions of the General Conditions and any other particular conditions agreed between Parties, the latter shall prevail. Deviations from, or amendments to these General Conditions shall apply only when agreed uponin writing between the Parties.
2.3 In order to purchase the Products, the Buyer is invited to download and print a copy of the Purchase Order form and of the present General Conditions. Cicaboom has the right to unilaterally review and amend the terms of these General Conditions, without any prior notice.
All Purchase Orders or Contracts of sale and purchase of the Products, placed on the Website, shall be subject to these General Conditions, in the version valid and applicable at the date of the related order.
2.4 It is possible to utilize the website, to access and to purchase the Products therein sold in the following languages: Italian and English.
Art. 3 – Range of applicability
3.1 The present General Conditions shall apply to the sale and purchase of Products with exclusive reference to the purchases performed through the Website, in accordance with the provisions under Part III, Title III, Paragraph I, Consumers’ Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/2014) and with the provisions of Legislative Decree no. 70/03.
Art. 4 – Object
4.1. The Offer, the placement and the acceptance of Purchase Order of Products available on the Website are governed by the present General Conditions.
The same General Conditions do not rule the supply of services or the sale of Products sold by any third parties other than Cicaboom, through the same Website via the presence of links, banners or other hyperlinks. It remains understood that these contractual relationships will be governed by the related specific contractual conditions, as applicable on a case-by-case basis.
4.2. Prior to the placement of any Purchase Order of Products and services provided by third parties, Cicaboom recommends to verify and read the related contractual conditions applicable to such relationships.
Art. 5 – Execution of the Contract
5.1 The Buyer may purchase the Products sold on the Website as descripted in the information boxes. In order to execute a Contract, the Buyer shall fill in the electronic form of the Purchase Order and transmit it complying and following the instructions provided. The Purchase Order constitutes a Buyer’s online contract proposal. All the Purchase Orders shall be duly filled-in in every part and shall contain the exact indication of Products, of the Buyer and of the Products’ delivery place.
The Purchase Order contains the reference to the General Conditions, the images related to each Product and the respective price, the chosen payment method, the delivery modalities and the related costs, as well as the withdrawal conditions and timing and modalities of Products’ returns.
5.2 Before the conclusion of the Contract, the Buyer shall confirm the careful reading and the full acceptance of the General Conditions, as well as the documentation / information notice on terms of withdrawal and processing of the Buyer’s personal data.
5.3 The Contract will only be concluded when Cicaboom receives the Purchase Order duly filled-in by the Buyer, further to any due verification of the correctness of the information and data therein contained.
5.4 The Buyes shall perform the payment at the end of the on-line procedure for the Purchase Order and at in the moment in which the website will render available to the Buyer the payment procedure.
5.5 Further to the execution of the Contract and the performance of any required payment, Cicaboom will process the order.
Art. 6 – Buyers / registered users
6.1 By registering on the Website, the Buyer shall follow the instructions provided for on the Website, shall correctly and truthfully provide its personal data and promptly communicate to Cicaboom every amendment of the provided information and data.
6.2 Once registered, a confirmation email will be sent at the Buyer’s provided email address. The Buyer shall inform and confirm to Cicaboom the receipt of such confirmation within 48 hours from the date of receipt of the confirmation email. Should no communication be sent within 48 hours by the Buyer to Cicaboom, the latter will be considered as totally free from any obligation towards the Buyer and consequently the registration process will be considered as not-concluded and having no legal effects.
6.3 The registration confirmation will relieve Cicaboom from any liability on the accuracy and correctness of the information provided by the Buyer.
6.4 Should the data and information provided by the Buyer be not correct and/or incomplete or in case of claims made with reference to payments by the interested parties, Cicaboom will be free not to activate the service or to interrupt it until the Buyer completes and / or provides the lacking and/or incomplete information and/ or the payment.
6.5 When the Buyer first requests activation of a personal profile, Cicaboom will provide him with a “user ID” and a “password”. The Buyer acknowledges and recognizes that these user ID’s and passwords constitute the validation systems for any access to the Website and to the services therein offered by Cicaboom. Such user ID’s and passwords represent the sole system for the identification of the Buyer for any and all activities performed by the same on the Website further to such an access, which, consequently, will be attributed to the same Buyer and shall be considered as fully binding for the Buyer itself.
6.6 The Buyer shall keep the login data secret, and shall safeguard them with due care and diligence, avoiding to provide and/or give them to third parties, even on a temporary basis.
Art. 7 – Availability of Products
7.1. Products’ availability refers to their effective availability when the Buyer places the Purchase Order. Such availability shall be considered as merely indicative and not binding for Cicaboom, since the Products could be purchased on the Website by other Buyers before the conclusion of the Purchase Order, due to the simultaneous browsing of different users on the same Website.
7.2 Even after the Purchase Order confirmation email, some Products may be totally or partially unavailable. In such a case, the Purchase Order will be automatically amended by deleting the unavailable Product and Cicaboom will promptly inform the Buyer by e-mail.
7.3 If the Buyer requires to cancel the Purchase Order and, therefore, to terminate the Contract, Cicaboom will refund the Buyer of the paid price within 7 days from the receipt of the related Buyer’s request.
Art. 8 – Offered Products
8.1 Cicaboom commercializes “FANTASY” collectable products, in particular small toys and objects targeting young consumers.
8.2 Further information on the Offer are contained in the “shop” section of the Website.
Art. 9 – Payment modalities and prices
9.1. The price of the Products will be the one from time to time displayed on our Website, with the exception of any error which is evidently due to material mistakes and could have reasonably been recognized by the Buyer.
Purchase prices are displayed in Euro and include VAT. Shipping costs and any other related and ancillary charges, if any, are displayed during the purchase procedure and, in particular, in the Purchase Order and in the order confirmation.
9.2 Should an errore be discovered by Cicaboom, the latter will promptly inform the Buyer in order to give him the option to reconfirm the order at the correct price or to cancel the Order itself. In any case, Cicaboom will have no obligation to sell the Product(s) at the incorrect lower price.
9.3 Shipping costs shall be totally borne by the Buyer and they are explicitly showed at the filling in of the Purchase Order. Prices can change at any time, but such changes will not affect the Purchase Orders already confirmed by Cicaboom.
9.4 Once selected the chosen Products, the same are added to the basket. The Buyer will then be requested to follow the instructions in order to proceed with the purchase, adding and verifying the requested information at any step. The Purchase Order’s detail may be modified before the performance of the payment.
9.5 Payment can be made by:
PayPal, credit cards (Visa, PayPal, PostePay, American Express, MasterCard, Maestro)
Art. 10 – Delivery
10.1 Cicaboom will deliver to the Buyer the Products object of the Purchase Order, in accordance with the delivery timing and means indicated under the order confirmation. Cicaboom delivers throughout the entire Italian territory, except for the Vatican City and San Marino Republic.
The Products will be only delivered at the address provided by the Buyer at the time of the purchase.
10.2 The delivery will be generally performed within 2- 4 days or, if no estimated delivery date is specified, within the delivery date estimated at the choice of delivery method and, in any case, within 30 days from the date of the Order Confirmation.
All delivery terms are approximate and shall not be considered as compulsory and Cicaboom will have no liability towards the Buyer in case of any delivery delay.
If the delivery of Products is delayed from the agreed delivery date due to ascertained exclusive and incontrovertible liability of Cicaboom, and if the agreed delivery date has been established in writing by the Parties as an essential term, the Buyer has the right to request the termination of the Contract, with the exclusion of any compensation for damages directly or indirectly consequential to and /or deriving from the delay or any other fee and/or penalty.
10.3 Should the Buyer be not able to deliver the Products at the agreed date and place, the same shall promptly notice Cicaboom and re.schedule the delivery for another day.
10.4 If Cicaboom postpones delivery at Buyer’s request, Buyer shall indemnify Cicaboom of any and all additional costs suffered by Cicaboom as a consequence of the postponement.
10.5 If for any reason whatsoever, Cicaboom cannot meet the delivery date, the Order will be shipped to Cicaboom storage. In such a case, Cicaboom will send to the Buyer a communication indicating the place in which the Products are stored and the modalities to schedule a new delivery.
Transfer to storage at Buyer’s request or upon Buyer’s delay will be considered a shipment for all purposes, including invoicing and payment. The Buyer shall bear risks of loss or damage during storage.
10.6 In any case, if the delivery will not be possible for reasons not attributable to Cicaboom, after 30 days from the day in which the delivery of the Order was available, Cicaboom will consider the Contract as terminated.
Once the Contract is terminated, Cicaboom will refund the Buyer for the amount paid at the time of the Purchase Order, including the delivery costs, except for any additional cost connected to and deriving from the choice of a different delivery method from the usual one, as well as of any costs arising from the storage of the goods at Cicaboom’s storage site and any other possible costs arising from the termination of the Contract. Such amounts will be refunded by Cicaboom without undue delay and, in any case, within 7 days from the Contract’s termination date.
FREE SHIPPING FOR ORDERS OVER EURO 40.00
For all the Purchase Orders placed in Italy below Euro 40.00, shipment costs are fixed at Euro 5.50.
At the moment, international shipping are not processed by Cicaboom.
Art. 11 – Transfer of risk
11.1. Risks connected to the Products shall be transferred to the Buyer upon delivery. Unless otherwise agreed in the Contract, the delivery shall be considered at the time of dispatch of Products from Cicaboom to the delivering courier. Ownership of the Products will only pass to the Buyer after the delivery of the Products, in accordance with what agreed between the Parties and after the full payment of all sums due in respect of the Products, including delivery charges.
Art. 12 – Warranty and commercial conformity
12.1 Pursuant to Section 1490, Italian Civil Code and to Sections 128 et following Legislative Decree no. 206/2005 (Consumers’ Code), Cicaboom exclusively guarantees the conformity of Products sold on the Website to the characteristics indicated in the Contract, as well as the absence of defective parts in their design, in the materials and in their manufacture, under normal use.
If the Buyer concluded the Contract as a consumer, i.e. any physical person browsing the Website for purposes other than trade, business or professional activity, such warranty is valid for a period of 24 months from the Products’ delivery date (“Warranty Period”).
12.2 Cicaboom will, at its discretion and cost, repair or replace defective Products covered by the warranty under par. 12.1, provided that Buyer has notified Cicaboom in writing of the defects, together with the request of repair / replacement, within 2 months from the date in which the defect was detected, by filling the related form available on the Website. The Buyer undertakes to fill-in such form with correct and truthful information.
In such cases, Cicaboom will guarantee, as further remedies to the Products’ defects claimed by the Buyer, an appropriate price reduction or the termination of the Contract with regard to the disputed goods and the consequent refund of the price.
12.3 It remains understood that Cicaboom will bear all the costs related to the return of the defective Products.
12.4 The Warranty shall not be granted to the Buyer and, therefore, Cicaboom shall not be liable for:
(i) Products (or parts thereof) consumable or having a life expectancy shorter than the Warranty Period;
(ii) ordinary wear and tear;
(iii) any defects or damages caused by the Buyer or a third party by an inappropriate use of the Products;
(iv) modification or repair of the defects made by the Buyer or a third party without the prior consent of Cicaboom;
12.5 All guarantees and remedies specified in the present paragraph constitutes Cicaboom’s sole warranty and Buyer’s exclusive remedy. Any other representation, warranty or condition of any kind, whether express or implied, deriving from any law and rule and/or agreement is explicitly excluded.
Art. 13 – Right of Withdrawal and Returns of the Products
13.1 Pursuant to Sections 52 et following of the Consumers’ Code, the Buyer has the right to withdraw from the purchase, wholly or partially, within 14 days from the date of receipt of the Products, without any penalties or any reasons to be specified.
If the Buyer’s Purchase Order contains multiple Products and such Products are delivered separately, the period shall run from the date of receipt of the last Product.
13.2 In order to exercise the right of withdrawal, the Buyer shall give Cicaboom prior written notice, to be transmitted via registered letter, attested by acknowledgment of receipt, to be sent to:
Via Caffaro 2/1 Cap.16124 Genoa – Italy
The Buyer can also exercise its right of withdrawal by sending an email at: email@example.com, specifying the order confirmation number and his name.
13.3 Alternatively, the Buyer may exercise the right of withdrawal by written communication in which he gives explicit notice of his decision to withdraw from the Contract or by sending the relevant form, available as Annex I, part B, Legislative Decree no. 21/2014, not mandatory.
13.4 If the Buyer withdraws from the Contract, he shall return the Products to:
Via Caffaro 2/1 Cap.16124 Genoa – Italy
The goods shall be returned in a complete status and in the same conditions as received, complete of all its parts and fiscal documents thereof, using the original boxes. Reserved any faculty to verify the compliance with the above provisions, Cicaboom will process the refund of the Product(s) within 14 days. The refund includes shipping costs.
The packaging and integrity of the Products shall be considered as of exclusive liability of the Buyer. This means that every Product shall be properly packed and shipped, in order to be shipped with a standard and express modality. If the Buyer does not have the original box anymore, or if the original box will not ensure a sufficient protection, the Buyer shall arrange and bear the related costs of an appropriate packaging.
Cicaboom will not accept nor refund Product improperly packed (for instance, in broken or open boxes).
13.5 As provided for by section 56, par. 3, of Legislative Decree no 206/2005, as amended by Legislative Decree no. 21/2014, the Website will not complete the refund process until the full receipt of the Product(s) or until the receipt of a shipment confirmation of the Product(s) from the Buyer, whichever occurs first.
13.6 It remains understood that the right of withdrawal should not be exercised when Cicaboom’s Products and services are included in the categories listed in Section 59 of Legislative Decree no. 206/2005.
13.7 Cicaboom will provide refund using the same payment method chosen by the Buyer at the purchase moment. If the payment has been made via bank transfer and should the Buyer exercise its right of withdrawal, the Buyer shall provide the related bank account details in order to receive the refund (IBAN, BIC and SWIFT code)
Art. 14 – Personal data protection
14.1 Cicaboom, it its quality of data controller, processes Buyers’ personal data in accordance with the provision set forth by the Regulation (EU) 2016/679 of the EU Parliament and of the Council of 27th April 2016, on protection of natural persons with regard to the processing of personal data. For more information on the purposes and the processing operations, please refer to the information notice pursuant to Sections 13 and 14, GDPR, available at: https://cicaboom.com/informativa-clienti-e-commerce/.
Art. 15 –Severability
15.1 Should any provision of the present General Conditions be considered illegal or invalid, it shall not affect the validity and enforceability of the other provisions of the present General Conditions. T
Art. 16 – Contacts
16.1 To receive other information, please contact the following email address: firstname.lastname@example.org, or call: +39.3505832065 or send the request at the following address:
Via Caffaro 2/1 Cap.16124 Genoa – Italy
Art. 17 – Applicable Law and Jurisdiction
17.1 The present General Conditions shall be governed by and construed in accordance with Italian law, with the exclusion of any overriding mandatory rule of the Buyer’s country of residence. Consequently the construction of, the performance of and the termination of the present General Conditions shall be made in accordance with Italian law.
17.2 Any controversy or claim arising out of or relating to these General Conditions will be settled by the Italian court. In particular, if the Buyer is a Costumer, any disputes will be settled by the Court of the place where the Costumer has his residence or where he is domiciled. In case the Buyer is not a Costumer, the Court of Milan will exclusively settle the dispute.
The present General Conditions have been drawn up on 9th of September, 2019.