Terms and Conditions

The following describes the terms and conditions under which Ciccone Srl offers users access to its services available on the website https://maestriciccone.com/.

1 – Definitions
To allow for a complete understanding and acceptance of these terms and conditions, the following terms, both singular and plural, shall have the meaning indicated below: Owner: Ciccone Srl, Corso di Porta Romana 40, Milan, Italy 20122, CF 10905460969, VAT number 10905460969, telephone number 0239289267, email 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, and accessories;

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

User: the individual who accesses the Application, regardless of legal nature and purpose pursued, interested in the Products offered through the Application;

Work: 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 one or more Repairs to the Owner;

Consumer: natural person acting for purposes other than any business, commercial, craft or professional activity he or she may carry out;

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

THIRD PARTY BRANDS

1. The brands, trade 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.

2. These trademarks are used solely to describe the intended purpose of the Processing pursuant to art. 21 of the Italian Code of Civil Procedure and art. 14 of Regulation (EU) 2017/1001; there is no license, affiliation, or approval relationship between Ciccone Srl and the trademark owners themselves.

3. The User is prohibited from any reproduction or use of third-party trademarks outside the strict limits of the law.

2 – Stipulation, conclusion and effectiveness of the Conditions
The contract for the purchase of Products and/or provision of Workmanship is concluded by accurately completing and submitting the order form. This form contains the details of the customer and the order, the price of the Product and/or Workmanship purchased, any additional charges, the payment methods and terms, the address where the Product and/or Product to be Repaired will be delivered, the processing and delivery times, and the existence of the right of withdrawal as well as consent to the processing of personal data. Upon receiving the order from the User, the Data Controller will send a confirmation email or display a printable web page confirming and summarizing the order, which will also include the information referred to in the previous point. The Conditions will not be considered effective between the parties unless the provisions set forth in the previous point are complied with. The Data Controller may modify or simply update these Conditions, in whole or in part. The User acknowledges and agrees that any changes to these Terms will apply to orders placed by Users after the date of notification of the changes to the Terms. The User is therefore encouraged to review the Terms each time they access the Application and is advised to print a copy for future reference.

3 – Registration
To use certain features of the Application, Users must register by providing all requested information truthfully and completely in the registration form and fully accepting the privacy policy and these Terms. Users are responsible for safeguarding their login credentials.
It is understood that under no circumstances will the Owner be held responsible in the event of loss, disclosure, theft, or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.

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

The Owner, in the event of violation by the User of these Conditions or of 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 are Consumers and to Users who do not have this status.
Pursuant to Article 3, paragraph 1, letter a) of Legislative Decree 206/2005 (“Consumer Code”), we remind you that natural persons who, in relation to the purchase of Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity they may carry out, are deemed to be Consumers.

For natural persons, the purchase is permitted only if 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. However, some errors, inaccuracies, or small differences (including color differences) may arise between the Application and the actual Product, also due to the way the Product is displayed on different devices. Furthermore, any photographs of the Products on the Application do not constitute a contractual element, as they are merely representative.
The User expressly grants the Owner the right to accept the order, even partially (for example, if not all the ordered Products are available or only some of the requested Processing is possible). In this case, the contract will be deemed finalized with respect to the Products and Processing 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 Processing;
when authorization to charge the User for the cost of the Product and/or Processing is denied;
When a clearly incorrect price is indicated at the time of purchase and is recognizable as such. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction.

6 – Prices and payments
The Owner reserves the right to modify, at any time, the price of the Products, the Workmanship, and any shipping costs for the same and/or for the Products to be Repaired after Workmanship. It is understood that any changes will in no way affect contracts already concluded prior to the modification.
The sales prices of the Products and the purchase prices of the Processings include VAT, if applicable; any other taxes and/or shipping costs payable by the User will be indicated before the purchase is confirmed.
The User undertakes to pay the price of the Product and/or Processing purchased within the times and methods 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, within 30 days from the date on which the Owner became aware of the withdrawal itself.

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 numbers, cardholder names, passwords, etc.).
If such third-party tools refuse to authorize payment, the Owner will not be able to supply the Products and will not be responsible for any delay or failure to deliver.

7 – Billing
Users wishing to receive an invoice will be asked to provide their billing information. The invoice will be issued based on the information provided by the User, which the User declares and guarantees to be true, releasing the Owner from all liability in this regard.

8 – Product delivery methods
The ordered Products will be delivered to the User at the address indicated by the User, using the method chosen by the User or indicated in the Application at the time of purchase. Delivery will take place within the timeframe indicated in the order confirmation.
Upon receipt of the Product, the User is required to verify the conformity of the delivered Product with the order placed; only after this verification will the delivery documents be signed, without prejudice to the right of withdrawal.
If an order exceeds the quantity available in the warehouse, the Owner will notify the User via email whether the Product is no longer available for order or how long it will take to obtain it, asking whether the User wishes to confirm the order or not.

9 – Workmanship, Products to be Repaired and related collection or return
The Owner will make every effort to perform the Workmanship purchased and entrusted to it 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 may alter its external appearance, structure, and originality. The timeframes for each Workmanship requested on the Products to be Repaired provided by the Owner are indicative.

If the labels on 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 exempt from liability 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 following the Processing, the Product to be Repaired is compromised and no longer usable.
The Owner reserves the right to refuse to perform the Repair Process at any time prior to the Processing of the Products to be Repaired if it is deemed impossible to perform it accurately or if there is uncertainty regarding the outcome of the requested work. Likewise, if the Owner finds that the Product to be Repaired delivered by the User is counterfeit or otherwise non-original, it reserves the right not to perform the purchased Repair Processing. In both cases, the User is entitled to a refund only of the price paid for the unperformed Repair Processing, while the shipping costs for returning the Product to be Repaired will be borne by the User.
The Owner assumes no responsibility for the outcome of the purchased Workmanship involving Products to be Repaired that have been damaged by previous incorrect workmanship, excessive use, sweat, dehydration of materials, or other agents, including the case in which, during the preparatory phase of the Workmanship required to understand the type of intervention to be carried out, or at the end of the Workmanship, 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 non-removable inserts or those attached to the Products to be Repaired.
The Owner is not responsible for any damage already present on the Product to be Repaired at the time of receipt. The Owner reserves the right to detect any pre-existing damage to the Product to be Repaired, previously unreported by the User, at any time prior to the start of the purchased Work, and to communicate it to the User.

The User is required to include in the package to be delivered by hand and/or shipped to the Owner only the Products for which they purchased the Repair Services, to carefully package the Products for Repair by placing them in double-walled cardboard boxes, and to seal the package securely. The Owner is in no way responsible for any loss, damage, or theft that occurs during transport of the User's Products for Repair. In the event of a discrepancy between the number of Repair Services purchased by the User and the number of Products for Repair entrusted to the Owner, the Owner reserves the right to begin the Repair Services only after payment for all the Repair Services requested for all the Products for Repair received.
If the User realizes that he has entrusted the Owner with one or more Products for Repair on which he does not wish to carry out any Work, he is required to immediately contact the Owner and request that they be excluded from the requested Work.
Upon collection and/or return of the Products to be Repaired by the courier, the User must verify the integrity of the packaging and sign with reservations if the packaging is open, damaged, or wet. The User must also verify the contents and immediately notify the Owner of any anomalies, defects, or missing items, promptly reporting the problem to the shipping company.
Failure by the User to report the Products to be Repaired subjected to the purchased Workmanship at the time of delivery implies acceptance of the delivery as complete and corresponding in number and quality to the purchased Workmanship.
The shipment/delivery of the Products to be Repaired will be insured only if the User specifically requests it. The additional cost for shipping insurance 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 their desire to insure the shipment and to pay the additional cost for insurance coverage of the Product to be Repaired, using the methods communicated to the User.

10 – Right of withdrawal for the purchase of Products
Any User who is a Consumer and who, for any reason, is dissatisfied with the purchase of physical Products has the right to withdraw from the contract without penalty and without specifying the reason within 14 days from the date of delivery of the Product in question, except in the case where the Products purchased are made-to-measure or otherwise personalized by the Owner. In this latter case, the User, pursuant to art. 59 of the Consumer Code, does not have the right to withdraw from the contract.

To withdraw from the contract, the Consumer User must contact the Owner at info@maestriciccone.com or call Customer Service at +39 0283644717. The Consumer User will be informed of the procedures for returning the Product. Sending the notification may be validly replaced by returning the purchased Product, provided it is done within the same timeframe. The date of delivery to the post office or shipping company will be the determining factor between the parties.

In the event of withdrawal, the Owner will refund 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 his/her wish to withdraw from the contract.
The Owner will refund the Consumer User using the same payment method 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 his decision to withdraw to the Owner.
The User-Consumer is responsible for the integrity of the Product while it is in his/her 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 components. The Product must not have been subjected to any 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 found to be 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 the previous point 10, the User-Consumer may withdraw using the following form, which must be completed in its entirety and sent to the email address info@maestriciccone.com, before the withdrawal period expires:
With this form I communicate my 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 of Legislative Decree 206/2005 (“Consumer Code”), the Products are covered by a 24-month legal guarantee of conformity .
The 12-month commercial guarantee offered by the Owner on the products operates in addition to and does not limit the rights provided by the legal guarantee.»

All Products classified as "consumer goods," as regulated by Article 128, paragraph 2, of the Consumer Code, sold through the Application are covered by the legal guarantee of conformity provided for by Articles 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for Consumers. Therefore, it applies only to Users who have purchased the Products through the Application for purposes other than any entrepreneurial, commercial, artisanal, or professional activity they may carry out.
Those who have purchased the Products on the Application and who do not have the status of Consumers will be subject to the guarantees for defects in the item sold, the guarantee for lack of promised and essential qualities and the other guarantees provided for by the civil code with the related terms, forfeitures and limitations (articles 1490 et seq. and ee).
Any lack of conformity that occurs within 24 months of the date of purchase of the Product must be reported within 2 months of the date of discovery of the defect.
Unless proven otherwise, any defects of conformity that appear within six months of delivery of the Product are presumed to have already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the defect of conformity. After six months, the User will be required to provide proof that the damage was not caused by incorrect or improper use of the Product.

Pursuant to Article 130 of the Consumer Code, in the event of a Product's lack of conformity, the User has the right to have the Product restored to conformity, free of 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 costly. Furthermore, the User has the right to an appropriate price reduction or to terminate the contract only if one of the following situations occurs: i) repair or replacement are impossible or excessively costly; ii) the Owner has failed to repair or replace the Product within a reasonable time; iii) the replacement or repair has caused significant inconvenience to the consumer.

If the User wishes to avail of the remedies provided by the legal guarantee accompanying the Products, he or she must contact the Owner at info@maestriciccone.com or call Customer Service at 0283644717. The Owner will promptly respond to the notification 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 reported defect.

13 – Content sent by Users
The User may upload material, content, information, advertisements or listings (hereinafter the “Contents” or individually the “Content”) to the Application, provided that the Content is not illicit (i.e. obscene, threatening, 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 emails or any other form of spamming.

The User is fully and exclusively responsible for the use of the Application (including the functions of publication, consultation, management of Contents, and contact between Users) and is therefore the sole guarantor and responsible for the goods and services offered, as well as for the accuracy, completeness, and legality of the Contents and for his/her own behavior in the context of contact between Users.

By posting ads, the User guarantees the availability and/or ownership of the goods/services listed in the ads. The User also guarantees that their ads do not infringe any copyright, industrial property right, or other third-party rights. In the event of a dispute from third parties regarding any ad or related conduct, the User assumes full responsibility and agrees to indemnify and hold the Owner harmless from any damage, loss, or expense.
The Owner, while unable to ensure precise control over the Content received, reserves the right to delete, move, or modify any Content that, in its sole discretion, appears unlawful, abusive, defamatory, obscene, or infringing on copyright or trademark rights, or otherwise unacceptable. The use of abusive language will result in immediate suspension and expulsion from the Application.

It is prohibited to use an email address that is not owned by the User, use the personal data and credentials of another User in order to appropriate his or her identity, or otherwise misrepresent the origin of the Content.

The User acknowledges and agrees that the Content submitted to interact with the Application (including, but not limited to, posting comments, expressing opinions, participating in surveys and initiatives, sending images, video, and audio files) may be modified, removed, or published by the Owner. The User irrevocably grants the Owner an unlimited, non-exclusive right to use the Content submitted by the User, without geographic limitations. The Owner may therefore, directly or through third parties of its choosing, use, modify, copy, transmit, extract, publish, distribute, publicly perform, broadcast, create derivative works from, 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 by any means now known or hereafter invented, any Content (including images, messages, audio, and video) submitted by the User, including through third parties.

It is expressly prohibited, unless explicitly authorized by the Owner:
the use of automatic ad uploading systems, except those expressly authorized; the serial publication and/or management of ads on behalf of third parties by any means or modality; reselling the Data Controller's services to third parties.

In relation to the Contents sent, the User therefore waives any patrimonial and moral rights that he may claim as the author, including 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 is therefore exempt from any liability towards Users for the loss, modification or destruction of the Content transmitted.
The User also guarantees that the Content is submitted to the Application through his or her account by adults. For minors, the submission of Content must be reviewed 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 pertaining to the Application and/or the materials and contents available on the Application.
These Terms do not grant the User any license to use the Application and/or any individual contents and/or materials available therein, unless otherwise provided.
All trademarks, whether figurative or nominal, and all other signs, trade names, service marks, word marks, illustrations, images, and logos appearing in the Application are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.
Any unauthorized reproduction in any form of the explanatory texts and contents of the Application will be considered a violation of the Owner's intellectual and industrial property rights.

15 – Exclusion of Warranty regarding the use of the Application
The Application is provided on an “as is” and “as available” basis and the Owner makes no express or implied warranty in relation to the Application, nor does it provide any guarantee that the Application will meet the Users’ requirements or that it will never be interrupted or error-free or that it will be free of viruses or bugs.

The Owner will make every effort to ensure that the Application is available 24/7, but cannot be held liable 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 entirely beyond the Owner's control or due to force majeure.

16 – Limitation of Liability
The Owner cannot be held liable to the User, except in cases of willful misconduct or gross negligence, for any disruptions or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.

Furthermore, the Owner will not be liable for damages, losses, and costs incurred by the User as a result of the failure or incorrect execution of the contract for reasons not attributable to him. The User is only entitled to a full refund of the price paid and any additional costs incurred for the purchase of the Products and/or Processing.

The Owner assumes no responsibility for any fraudulent or illicit use by third parties of credit cards, checks, or other means of payment when paying for purchased services, provided that it demonstrates having taken all possible precautions based on the best knowledge and experience available at the time and based on ordinary diligence.

The User agrees to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by the Owner, its representatives, collaborators, consultants, directors, agents, licensees, partners and employees) from any obligation or liability, including any legal fees incurred for legal defense, that may arise from 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 liable for:

1. any losses that are not a direct consequence of the breach of the contract by the Owner;
2. any loss of business opportunity and any other loss, even indirect, that may be suffered by the User (such as, by way of example and not limited to, trading losses, loss of revenues, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
3. incorrect or unsuitable use of the Application by Users or third parties;
4. the issuance of incorrect tax documents due to errors in the data provided by the User, the latter being solely responsible for their correct entry.

17 – Force majeure and unforeseeable circumstances
The Owner shall not be held liable for damages, losses, and costs incurred due to the failure or delay in fulfilling its obligations, and in particular, the delivery of Products and/or the provision of Processing, due to circumstances beyond the reasonable control of the Owner due to force majeure, unforeseeable circumstances, or in any case unforeseeable and, in any case, events beyond its control, such as, by way of example and not limited to, failures or interruptions to telephone or electrical lines, the Internet, and/or other transmission tools, unavailability of websites, thefts and/or robberies suffered by either the Owner or the courier/carrier responsible for delivery, accidents, strikes, natural disasters, fires, viruses, and cyber attacks, interruptions in the provision of third-party products, services, or applications, and events attributable to the User and/or third parties.

The Owner's fulfillment of its obligations will be suspended for the period in which force majeure events and/or unforeseeable circumstances occur. The Owner will take all steps within its power to identify solutions that allow for the proper fulfillment of its obligations despite the persistence of force majeure events and/or unforeseeable circumstances.

In all of 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 any price paid by the User for the purchase of the Products and/or Processing which it is no longer possible to fulfill.

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

Some of these links may lead to third-party websites that provide services through the Application. In these cases, the general terms and conditions for use of the website and the service provided by the third parties will apply to the individual services, for 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 Terms is found to be illegal or invalid, that provision will be deemed not to be part of the Terms and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.

21 – Privacy
The protection and processing of personal data will be carried out in accordance with the Privacy Policy, which can be found at https://shop.maestriciccone.com/pages/privacy.

22 – Applicable law and competent court
These Terms and any disputes regarding their execution, interpretation, and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is based.
If the User is a consumer pursuant to Article 3 of the Consumer Code, the sole jurisdiction lies with the court of the consumer's place of residence or domicile, if located in Italy. This does not affect the right of the consumer User to appeal to a court other than the "consumer court" pursuant to Article 66 bis of the Consumer Code, which has territorial jurisdiction according to one of the criteria set forth in Articles 18, 19, and 20 of the Civil Procedure Code.

23 – Online dispute resolution for consumers
Consumers residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by Consumers to resolve, out of court, any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, Consumers may use this platform to resolve any dispute arising from the online contract concluded with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/.