Terms and Conditions

Below are described the terms and conditions under which Ciccone S.r.l. offers users access to its services available on the website https://maestriciccone.com/.

1 – Definitions
To allow complete understanding and acceptance of these terms and conditions, the following terms, in singular and plural, will have the meaning indicated below: Owner: Ciccone S.r.l., Corso di Porta Romana 40, Milan, Italy 20122, C.F. 10905460969, VAT number 10905460969, telephone 0239289267, e-mail address info@maestriciccone.com;

Application: the website https://maestriciccone.com/, managed by the Owner, which offers an e-commerce platform for the purchase of handcrafted footwear, bags, accessories;

Products: the material products and/or services offered through the Application;

User: the person who accesses the Application, without distinction of legal nature and purpose pursued, interested in the Products offered through the Application;

Processing: repair activities of products not owned by the Owner requested by the User;

Products to be Repaired: products not owned by the Owner for which the User commissions the Owner to perform one or more Processes;

Consumer: natural person who acts for purposes unrelated to any commercial, artisanal or professional business activity carried out;

Conditions: this contract which governs the relationships between the Owner and the Users and the sale of the Products and/or or the provision of the Processes offered through the Application.

THIRD PARTY BRANDS

The brands, commercial names and distinctive signs mentioned within the Application and attributable to parties other than the Owner (e.g. "Loro Piana", "Gucci", "Hermès") are the exclusive property of their respective owners.
These brands are used uniquely to describe the destination of the Works pursuant to art. 21 c.p.i. and the art. 14 Reg. (EU) 2017/1001; There is no licensing, affiliation or approval relationship between Ciccone S.r.l. and the owners of the brands themselves.
The User is prohibited from any reproduction or use of third party trademarks that goes beyond the strict limits of the law.

2 – Stipulation, conclusion and effectiveness of the Conditions
The contract for the purchase of the Products and/or the provision of the Works is concluded by correctly completing and sending the order form. This form contains the details of the orderer and the order, the price of the Product and/or the Processing purchased, any additional additional charges, the methods and terms of payment, the address where the Product and/or the Product to be repaired will be delivered, the times for carrying out the Processing and delivery and the existence of the right of withdrawal as well as the consent to the processing of personal data. When the Owner receives the order from the User, he will send a confirmation email or display a printable web page confirming and summarizing the order, which will also contain the data referred to in the previous point. The Conditions are not considered effective between the parties in the absence of what is indicated in the previous point. The Owner may modify or simply update these Conditions, in whole or in part. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of communication of modification of the Conditions. The User is therefore invited to view the Conditions each time they access the Application and is advised to print a copy for future reference.

3 – Registration
In order to use some features of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these Conditions. The User is responsible for safeguarding their access credentials.
It is understood that under no circumstances can the Owner be held responsible in the event of loss, diffusion, theft or unauthorized use by third parties, for any reason, of the Users' access credentials.

4 – Account cancellation and closure
Registered Users can stop using the Products at any time and deactivate their accounts or request their cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address info@maestriciccone.com, or by calling Customer Service on 0283644717.

The Owner, in the event of violation by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or close the User's account at any time and without notice.

5 – Purchases on the Application
The purchase of one or more Products through the Application is permitted both to Users who have the status of Consumers and to Users who do not have this status.
Pursuant to art. 3, I paragraph, letter. a) of the Legislative Decree 206/2005 ("Consumer Code"), please note that the status of Consumers includes natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out.

The purchase is permitted to natural persons only on condition that they are at least eighteen years of age.

The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nonetheless, some errors, inaccuracies or small differences (including chromatic ones) may arise between the Application and the actual Product, also due to the way in which the Product itself is displayed from different devices. Furthermore, any photographs of the Products present on the Application do not constitute a contractual element, as they are only representative.
The User expressly gives the Owner the right to accept even partially the order placed (for example in the event that all the Products ordered are not available or it is possible to carry out only some of the requested Processes). In this case the contract will be considered finalized in relation to the Products and Processes actually sold.
The Owner reserves the right to refuse an order:
when the Product is not available;
when it is not possible to carry out the requested Process;
when authorization to charge the cost of the Product and/or Processing to the User is denied;
when at the time of purchase an obviously incorrect and recognizable price is indicated. In this case, the User will be contacted by Customer Service to be informed and will receive a refund relating to the transaction carried out.

6 – Prices and payments
The Owner reserves the right to modify, at any time, the price of the Products, the Processing and any shipping costs of the same and/or of the Products to be Repaired after the Processing. It is understood that any modifications will in no case prejudice the contracts already concluded before the modification.
The sales prices of the Products and purchase of the Processes include VAT, if due; any other tax and/or shipping costs to be paid by the User will be indicated before confirming the purchase.
The User undertakes to pay the price of the Product and/or Processing purchased in the times and ways indicated in the Application.

Any refund to the User will be credited promptly using one of the methods proposed by the Owner and chosen by the User and, in the event of exercising the right of withdrawal, at the latest within 30 days from the date on which the Owner became aware of the withdrawal.

The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, name of the holders, password, etc.).
If these third-party tools deny payment authorization, the Owner will not be able to supply the Products and will not be responsible for any delay or failure to deliver.

7 – Billing
The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User will be considered as valid, which he declares and guarantees to be truthful, granting the Owner any indemnity in this regard.

8 – Product delivery methods
The Products ordered will be delivered to the User, at the address indicated by the User, in the manner chosen by the User or indicated in the Application at the time of purchase. Delivery will take place within the terms indicated in the order confirmation.
Upon receipt of the Product, the User is required to verify the conformity of the Product delivered with the order placed; only after this verification will it be necessary to proceed with signing the delivery documents, without prejudice to the right of withdrawal.
If an order exceeds the existing quantity in the warehouse, the Owner will inform the User via e-mail whether the Product can no longer be booked or what the waiting times are to obtain it, asking whether he intends to confirm the order or not.

9 – Processing, Products to be repaired and related collection or return
The Owner will do everything possible to carry out the purchased Processing entrusted to him on the Product to be Repaired in a workmanlike manner. However, the User acknowledges that restoring, regenerating, cleaning and restoring a Product to be Repaired made of leather and/or other materials could alter its external appearance, structure and originality. The timing of each of the Processes requested on the Products to be Repaired provided by the Owner are indicative.

If the labels of the Products to be Repaired are missing or show treatment methods that are clearly in conflict with the professional experience gained by the Owner, the Owner will proceed to carry out the Processing based on his own experience.

In the event that the User insists that the Product to be Repaired be treated as indicated on the label or with a non-existent label according to the instructions provided by the User despite the Owner's warnings to the contrary, the Owner is exonerated from responsibility for any damage that may affect the Products to be Repaired following the execution of the requested Processing, including the case in which in the preparatory phase for the Processing necessary to understand the type of intervention to be carried out or at the end of the Processing the Product to be Repair is compromised and no longer usable.
The Owner, at any time prior to the Processing of the Repair Products, reserves the right to refuse the execution of the Process itself when he finds it impossible to carry it out accurately or where margins of uncertainty remain regarding the result of the work requested. Likewise, if the Owner finds that the Product to be Repaired delivered by the User is counterfeit or in any case not original, he reserves the right not to carry out the purchased Process. In both cases, the User is only entitled to a refund of the price paid for the Work not carried out, while the cost of shipping for the return of the Product to be repaired will be borne by the User.
The Owner assumes no responsibility whatsoever in relation to the result of the Processing purchased concerning Products to be Repaired which have been damaged by previous incorrect processing, excessive use, sweat, dehydration of materials or other agents, including the case in which in the preparatory phase for the Processing necessary to understand the type of intervention to be carried out or at the end of the Processing the Product to be Repaired is compromised and no longer usable.
The Owner assumes no responsibility for any damage or loss of buckles, straps, shoulder straps, buttons, sliders and other particular non-removable inserts or attachments to the Products to be repaired.
The Owner is not responsible for damage already present on the Product to be repaired at the time of receipt of the same. The Owner reserves the right to detect pre-existing damage on the Product to be Repaired, previously not reported by the User, at any time prior to the start of the purchased Process, to communicate them to the User.

The User is required to include only the Products to be Repaired for which he purchased the Processing in the package to be delivered by hand and/or sent to the Owner, to carefully package the Products to be Repaired by placing them in double-walled cardboard boxes and seal the package well. The Owner is in no way responsible for any loss, damage or theft that occurs during transport of the User's Products to be Repaired. In the event of a mismatch between the number of Works purchased by the User and the number of Products to be Repaired entrusted to the Owner, the Owner reserves the right to begin the Works only after payment of all the Works requested in relation to all the Products to be Repaired received.
If the User realizes that he has entrusted the Owner with one or more Products to be repaired on which he does not wish to carry out any Work, he is required to immediately contact the Owner and request their exclusion from the requested Work.
The User, upon collection and/or redelivery by the courier of the Products to be Repaired subjected to the purchased Process, must verify the integrity of the packaging and sign with reservation if the packaging is open, damaged or wet; must also check the contents and immediately notify the Owner of any anomalies, defects or missing items, promptly reporting the problem to the company that took care of the transport.
Failure by the User to report at the time of delivery of the Products to be Repaired subjected to the purchased Processing implies acceptance of the delivery as complete and corresponding in terms of number and quality of the purchased Processings.
The shipment/delivery of the Products to be repaired will be ensured only if the User expressly requests it. The additional cost to insure the shipment is equal to 3% of the value of the Product to be repaired which must be declared by the User. The User is required to promptly inform the Owner of the desire to insure the shipment and to pay the additional cost for the insurance coverage of the Product to be Repaired in the manner that will be communicated to the User.

10 – Right of withdrawal for the purchase of Products
The User who holds the status of Consumer and who for any reason is not satisfied with the purchase made of material Products has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason within 14 days from the date of delivery of the Product in question, except in the case in which the Products purchased are products made to measure or otherwise personalized by the Owner. In this last case the User, pursuant to art. 59 of the Consumer Code, has no right to withdraw from the contract.

In order to withdraw from the contract, the User-Consumer must contact the Owner at the email address info@maestriciccone.com or call Customer Service on 0283644717. The User-Consumer will be informed of the procedures concerning the return of the Product. The sending of the communication may validly be replaced by the return of the purchased Product, provided within the same terms. The date of delivery to the post office or courier will prevail between the parties.

In case of withdrawal, the Owner will reimburse the payments received from the User-Consumer as well as the delivery costs without undue delay and, in any case, no later than 30 days from the day on which the User-Consumer communicated to the Owner of wanting to withdraw from the contract.
The Owner will reimburse the Consumer User using the same payment methods used by the Consumer User for the online purchase.
The User-Consumer must return the Products at his own expense, unless the Owner agrees to bear them, without undue delay and in any case within 14 days from the date on which he communicated to the Owner his decision to withdraw.
The User-Consumer is responsible for the integrity of the Product as long as the same good is in his possession and must take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible condition, including the original undamaged packaging, instruction manuals, accessories, any separate items and any other component. The Product must not have been subjected to manipulation other than that necessary to establish the nature, characteristics and functioning of the Product.

The Owner will not consider return requests if the returned Product is malfunctioning due to improper use, negligence, physical, aesthetic or superficial damage or alterations, tampering or improper maintenance or wear and tear.

11 – Optional form to exercise the right of withdrawal
Optionally, in the cases referred to in point 10 above, the User-Consumer can withdraw using the following form, which must be completed in its entirety and sent to the e-mail address info@maestriciccone.com, before the withdrawal period expires:
With this form I communicate the withdrawal from the sales contract relating to the following goods/services: ___________________________________________
Order number:____________
Ordered on:______________
Name and Surname: ____________________________
Address:_____________________________________________________
Email associated with the account from which the order was placed: ___________________________
Date:_________________

12 – Guarantee of conformity
«Pursuant to articles. 128-135-septies Legislative Decree 206/2005 (“Consumer Code”), the Products are covered by 24 month legal guarantee of conformity.
The guarantee commercial of 12 months offered by the Owner on opera products in addition and does not limit the rights provided by the legal guarantee.»

All Products that fall into the category of "consumer goods", as regulated by art. 128, 2nd paragraph of the Consumer Code, sold through the Application are covered by the legal guarantee of conformity provided for by the articles. 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for Consumers. It, therefore, applies only to Users who have purchased the Products through the Application for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.
Those who have purchased the Products on the Application and who do not qualify as Consumers will be subject to the guarantees for defects in the goods sold, the guarantee for defects in promised and essential qualities and the other guarantees provided for by the civil code with the relevant terms, forfeitures and limitations (articles 1490 et seq. e.e.).
The lack of conformity that occurs within 24 months from the date of purchase of the Product must be reported within the following 2 months from the date of discovery of the defect.
Unless proven otherwise, it is presumed that defects of conformity which appear within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. After six months, the User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.

Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to have the Product restored to conformity, without charge. To this end, the User can normally choose between repairing the Product or replacing it. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the User has the right to an adequate reduction in the price or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively burdensome; ii) the Owner has not repaired or replaced it within a reasonable time; iii) the replacement or repair caused significant inconvenience to the consumer.

If the User intends to take advantage of the remedies provided by the legal guarantee accompanying the Products, he or she must contact the Owner at the email address info@maestriciccone.com or call Customer Service on 0283644717. The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the defect reported.

13 – Contents sent by Users
The User may upload material, content, information, advertisements or advertisements to the Application (hereinafter the "Contents" or individually the "Content"), provided that the Content is not illicit (i.e. obscene, intimidating, defamatory, pornographic, abusive, or in any way illegal, or violates the privacy, intellectual and/or industrial property rights of the Owner and/or third parties) or is not in any other way harmful to the Owner and/or third parties or objectionable and does not contain viruses, political propaganda, commercial solicitation, mass emailing or any other form of spamming.

The User is totally and exclusively responsible for the use of the Application (to be understood with regard to the functions of publication, consultation, management of the Contents and contact between Users) and is therefore the sole guarantor and responsible for the goods and services offered as well as the correctness, completeness and lawfulness of the Contents and of his/her behavior in the context of contact between Users.

In the event of publication of advertisements, the User guarantees the availability and/or ownership of the goods/services covered by the advertisements themselves. The User also guarantees that their advertisements do not violate any copyright or industrial property rights or other third party rights. In the event of a dispute by third parties regarding any advertisement or conduct linked to it, the User assumes full responsibility and undertakes to hold the Owner harmless and harmless from any damage, loss or expense.
The Owner, despite not being able to ensure precise control over the Contents received, reserves the right to delete, move, modify those which, in his discretionary opinion, appear illicit, abusive, defamatory, obscene or harmful to copyright and trademarks or in any case unacceptable. The use of violent language will be grounds for immediate suspension and expulsion from the Application.

It is forbidden to use an email address that is not owned by the User, use the personal data and credentials of another User in order to steal their identity, or otherwise misrepresent the origin of the Contents.

The User acknowledges and accepts that the Content sent to interact with the Application (by way of example and not limited to, to send comments, express opinions, participate in surveys and initiatives, send images or video and audio files) may be modified, removed or published by the Owner. The User irrevocably grants the Owner an unlimited right of non-exclusive use on the Contents sent by the User, without limitations of geographical areas. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any means of communication) in any form or with any tool currently known or that will be invented in the future, any Content (including images, messages, including audio and video), which may be sent by the User, including via of third parties.

It is expressly prohibited, unless expressly authorized by the Owner:
the use of automatic ad loading systems, except those expressly authorized; the serial publication and/or management of advertisements on behalf of third parties by any means or methods; resell the Owner's services to third parties.

In relation to the Contents sent, the User therefore renounces any patrimonial and moral rights that he can claim as an author also with respect to the modifications made by the Owner to such Contents and in the event that the modifications are not appreciated or accepted by the author himself.
The Contents sent will not be returned and will remain the property of the Owner who therefore remains exempt from any liability towards Users for the loss, modification or destruction of the Content transmitted.
The User also guarantees that the Contents are sent to the Application via his account by adults. For minors, the sending of Contents must be examined and authorized by those exercising parental authority.

14 – Industrial and Intellectual Property Rights
The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or relating to the Application and/or the materials and contents available on the Application.
These Conditions do not grant the User any license to use the Application and/or individual contents and/or materials available therein, unless otherwise regulated.
All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, commercial names, illustrations, images, logos that appear in the Application are and remain the property of the Owner or its licensors and are protected by current trademark laws and relevant international treaties.
Any reproductions in any form of the explanatory texts and contents of the Application, if not authorized, will be considered violations of the intellectual and industrial property rights of the Owner.

15 – Exclusion of the Warranty regarding the use of the Application
The Application is provided "as is" and "as available" and the Owner does not provide any express or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of the Users or that it will never have interruptions or will be error-free or that it will be free of viruses or bugs.

The Owner will endeavor to ensure that the Application is available uninterruptedly 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely beyond the control of the Owner or for events of force majeure.

16 – Limitation of Liability
The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its control or that of its sub-suppliers.

Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User following the failure or incorrect execution of the contract for reasons not attributable to him, the User having the right only to any full refund of the price paid and any additional charges incurred for the purchase of the Products and/or Processes.

The Owner assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment for the services purchased, if he demonstrates that he has adopted all possible precautions based on the best science and experience at the time and on the basis of ordinary diligence.

The User undertakes to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensors, partners and employees) from any obligation or liability, including any legal expenses incurred to defend themselves in court, which may arise following damage caused to other Users or third parties, in relation to the violation of the terms of the law or the terms of these Conditions. Therefore, the Owner will not be responsible for:

1. any losses that are not a direct consequence of the violation of the contract by the Owner;
2. any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill value, etc.);
3. incorrect or unsuitable use of the Application by Users or third parties;
4. the issuing of incorrect tax documents due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion.

17 – Force majeure and fortuitous circumstances
The Owner cannot be held responsible for damages, losses and costs suffered due to the failure or delay in fulfilling his obligations and, in particular, the delivery of the Products and/or the provision of the Works, for circumstances beyond the reasonable control of the Owner due to events of force majeure, unforeseeable circumstances or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will such as, by way of example and not limited to, failures or interruptions to telephone or electricity lines, to the network internet and/or in any case to other transmission tools, unavailability of websites, thefts and/or robberies suffered both by the Owner and by the courier/carrier in charge of delivery, accidents, strikes, natural disasters, fires, viruses and cyber attacks, interruptions in the supply of third-party products, services or applications and facts attributable to the User and/or third parties.

The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure and/or unforeseeable circumstances occur. The Data Controller will carry out any action in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events and/or fortuitous circumstances.

In all the aforementioned cases in which, however, the Owner's inability to fulfill his obligations persists, the User will only be entitled to a refund of the price paid by the User for the purchase of the Products and/or Processes whose fulfillment is no longer possible.

18 – Links to third party sites
The Application may contain links to third-party sites. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites.

Some of these links may lead to third-party sites that provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.

19 – Waiver
No waiver by either party of any provision of these Terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.

20 – Invalidity of individual clauses
If any provision of these Conditions is illegal or invalid, it will not be considered part of the Conditions and this will not affect the remaining provisions which will continue to be valid to the maximum extent permitted by law.

21 – Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the page https://shop.maestriciccone.com/pages/privacy.

22 – Applicable law and competent court
These Conditions and all disputes regarding their execution, interpretation and validity are subject to Italian law and the exclusive jurisdiction of the court of the place where the Owner is based.
If the User is a consumer pursuant to art. 3 of the Consumer Code, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the right for the consumer User to appeal to a judge other than that of the "consumer court" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in the articles. 18, 19 and 20 of the civil procedural code.

23 – Online dispute resolution for consumers
The Consumer resident in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve non-judicial disputes relating to and/or deriving from contracts for the sale of goods and services stipulated online. Consequently, the Consumer can use this platform to resolve any dispute arising from the online contract stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/.

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