General Terms and Conditions of Sale
Article 1 – Definitions
1.1 Within this document:
1. “Contract” refers to any agreement based on the sale and purchase of products between Cicaboom and the Purchaser. The sale is considered closed upon confirmation of the Purchase Order by Cicaboom following receipt of the established payment;
2. “General Terms and Conditions” refers to the terms and conditions contained herein;
3. “Offer” refers to any written offer that has the objective of sale and purchase of Products sent by Cicaboom to the Purchaser;
4. “Products” refers to all the products sold by Cicaboom on its website, through third parties or other means;
5. “Purchaser” refers to any subject, physical or legal, who undersigns or intends to undersign a Purchase Order with Cicaboom;
6. “Cicaboom” refers to CICABOOM S.r.l., in the person of its legal representative pro tempore, registered office in VIA TULLIO MOLTENI 2/12, 16151 Genova (GE) Italy, Tax Code and VAT number IT02411280999, e-mail: [email protected], Certified Electronic Email: [email protected], as well as their assignees or successors;
7. “Party / Parties” refers to the Purchaser or Cicaboom, or both;
8. “Site” refers to the website www.cicaboomworld.com, accessible through the url: https://cicaboom.com/;
9. “Purchase Order” refers to the order by the Purchaser, containing the details of the Products that is generated by the system following receipt of payment.
Article 2 – Conditions
2.2 Unless otherwise agreed in writing between the Parties, the commercial relations between Cicaboom and the Purchaser are governed by the General Terms and Conditions herein. In the event of conflict between the clauses contained in the General Terms and Conditions and other conditions agreed by the Parties, the latter will prevail. All other changes to these General Terms and Conditions will be applicable only through written agreement between the Parties.
2.3 In order to proceed with the purchase of products, the Purchaser is invited to download and print a copy of the Purchase Order Form and the General Terms and Conditions, the terms of which, Cicaboom reserves the right to modify unilaterally without notification. The General Terms and Conditions herein are an integral part of any Purchase Order and Sales and Purchase Contract of the products present on the Site, in force on the date of the relative order.
2.4 It is possible to access the Site and therefore the Products available therein as well as the purchase of the same in the following languages: Italian, English
Article 3 – Applicability
3.1 The General Terms and Conditions herein apply to the purchase and sale of Products exclusively through the Site in accordance with the regulations of Section III, Title III, Chapter I, of the Italian Consumer Code (Italian Legislative Decree no. 206/05 amended by the Italian Legislative Decree no. 21/14) and by the Italian Legislative Decree no. 70/03 on behalf of Cicaboom.
Article 4 – Subject
4.1. These General Terms and Conditions regulate the Offer, the forwarding and the acceptance of Purchase Orders for Products present on the Site; they do not regulate the provision of services or sale of goods by other parties other than Cicaboom who are present on the same Site through banner advertising or other hyperlinks. Please note that for such judicial relationships the specific relevant contractual conditions will apply, as applicable each time.
4.2. Before sending a Purchase Order for Products and services from other parties, Cicaboom recommends verifying the relevant contractual conditions applicable.
Article 5 – Conclusion of the Contract
5.1 The Purchaser may buy the Products as illustrated in the relevant information sections on the Site. To finalise the Contract, the Purchaser must complete the Purchase Order form in electronic format and send it following the relevant instructions. The Purchase Order is a valid contractual proposal on behalf of the Purchaser manifested online. All parts of the Purchase Order must be correctly filled in and must contain the exact details of the Product, the Purchaser and the delivery address.
The Purchase Order also contains reference to the General Terms and Conditions, images of all products and their prices, payment and delivery methods including costs of shipment and delivery, as well as reference for exercising the right of withdrawal; refund methods and length of time available for returning the purchased products.
5.2 Before finalising the Contract, you will be asked to confirm that you have read and accepted the General Terms and Conditions including the information regarding the right of withdrawal and the information concerning the processing of the Purchaser’s personal data.
5.3 The Contract shall be considered concluded when Cicaboom receives the Purchase Order completed by the Purchaser, subject to verification of the correctness of the data submitted.
5.4 The Purchaser must pay the amounts due from the moment in which the online procedure for transmitting the Purchase Order has been completed and when the Site makes the payment procedure available to the Purchaser.
5.5 Once the Contract has been concluded and the payment has been made, Cicaboom will undertake to process the order.
Article 6 – Purchasers/registered users
6.1 When completing the registration procedure, the Purchaser agrees to follow the instructions on the Site, provide his/her personal data correctly and truthfully and communicate immediately to Cicaboom any variation in their personal data.
6.2 Once registration has been completed, the Purchaser will receive a confirmation email at the email address that was provided during registration. Confirmation of registration must be communicated by the Purchaser to Cicaboom within 48 hours of receipt of the above-mentioned email. Once this time has elapsed, failure to confirm, releases Cicaboom from any commitment towards the Purchaser, resulting in the registration process not being finalised nor having any legal standing.
6.3 Confirmation of registration, in any case, exonerates Cicaboom from any responsibility regarding the correctness and truthfulness of the data provided by the Purchaser.
6.4 If the Purchaser provides data that is incorrect or incomplete or if the interested parties dispute the payments made, Cicaboom has the right to not activate or suspend the service until the missing or incomplete data has been corrected.
6.5 The first time a Purchaser requests the activation of a profile, Cicaboom will provide a “Username” and “Password”. The Purchaser accepts that this identification constitutes the validation of his/her access to the Site and the services offered by Cicaboom and that such validation represents the only valid method of identifying the Purchaser for each and every transaction on the Site. Consequently, all transactions will be attributed to the Purchaser and will be binding.
6.6 The Purchaser agrees to maintain his/her access details secret and keep them safe, in addition to not sharing them with third parties, even temporarily.
Article 7 – Availability of Products
7.1. The availability of Products refers to the actual availability at the time of placing the Purchase Order. This availability should, however, be considered purely indicative because, due to the simultaneous presence of multiple users on the Site, the Product may have been sold to others before receiving confirmation of the Purchase Order.
7.2 Even after having sent the email with the Confirmation of Order, there could be cases of partial or total unavailability of Products. In this event, the Purchase Order will be automatically rectified with the removal of the unavailable product and the Purchaser will be informed immediately by email by Cicaboom.
7.3 If the Purchaser requests the cancellation of the Purchase Order, thereby dissolving the contract, Cicaboom will refund the amounts paid within 7 days from receipt of the cancellation request from the Purchaser.
Article 8 – Products offered
8.1 Cicaboom sells “FANTASY” products, aimed at the collectables market, small ornamental parts and children’s “trends.”
8.2 The Offer is detailed in the “shop” section of the Site.
Article 9 – Payment methods and Prices
9.1. The price of the Products is the price shown each time on the Site, without prejudice to any evident clerical error, which can be easily verified by the Purchaser.
Sale prices are expressed in Euros and include VAT. Shipping costs of and any additional charges, where present, are indicated in the purchase procedure and in particular in the Purchase Order and the order confirmation.
9.2 In the event of a mistake, Cicaboom will inform the Purchaser as soon as possible allowing the Purchaser to confirm the order at the correct price or cancel the Order itself. There is no obligation on Cicaboom to provide the product sold at an incorrectly published lower price.
9.3 Delivery costs are at the expense of the Purchaser and are explicitly detailed when completing the Purchase Order. Prices are subject to variation at any moment, except for those relevant to Purchase Orders where confirmation of the order has already been sent.
9.4 Once the Purchaser has selected the Product, it will be added to the Purchaser’s basket. It is sufficient to follow the purchase instructions, inserting or checking the details requested at each step of the process. The details of the Purchase Order can be modified before payment.
9.5 Payment can be made by:
PayPal, Credit Card (Visa, PayPal, PostePay, American Express, Mastercard, Maestro)
Article 10 – Delivery
10.1 Cicaboom will deliver to the Purchaser the products contained in the Purchase Order, according to the methods and time frames stated in the order confirmation, throughout the Italian territory excluding the Vatican City and the Republic of San Marino.
Cicaboom will only deliver to the address provided by the Purchaser at the time of ordering.
10.2 Delivery will generally take 2-4 days, or, when no delivery date is specified, within the estimated delivery time provided when selecting the delivery method, and in any case within a maximum of 30 days from the Order Confirmation.
All delivery terms are indicative and non-binding and Cicaboom is not liable towards the Purchaser in the event of a delay in delivery. The Purchaser has the right to request termination of the Contract, excluding requests for damages whatsoever that derive directly /or indirectly from the delay, or any resulting penalties whatsoever, if the delivery of the Products is delayed beyond the terms agreed and when such a deadline has been recognised in writing by both parties as essential, and is ascertained to be exclusively and irrefutably due to Cicaboom.
10.3 If the Purchaser is unable to be present in the place and at the time indicated for the delivery of the Product, it is the Purchaser’s responsibility to communicate this as soon as possible to Cicaboom in order to agree on a new delivery date.
10.4 If Cicaboom postpones delivery on request of the Purchaser, the latter will refund Cicaboom for all the additional costs that could be incurred.
10.5 If it is not possible to deliver on the agreed date, the order will be sent to the Cicaboom warehouse. In such case, Cicaboom undertakes to send a notice to the Purchaser providing details of the place where the Products are held and the methods for arranging a new delivery date.
Storing products at the request of the Purchaser or due to delay in delivery by the latter is considered a delivery in all respects. All the risks of loss or damage during the storage of Products is the responsibility of the Purchaser.
10.6 In any case, if the delivery cannot be made for reasons not attributable to Cicaboom, the latter will consider the Contract terminated after 30 days from the date that the order was ready for delivery.
Once the Contract has been terminated, Cicaboom undertakes to refund to the Purchaser the amounts paid at the time of placing the Purchase order, minus the costs of delivery, without prejudice to possible, additional costs that derive from the choice of an alternative delivery method to the standard form, besides any potential costs that derive from storing the Products ready for delivery in Cicaboom’s warehouse and potential additional costs resulting from the termination of the Contract. Cicaboom will refund the above amounts immediately and in any event within 7 days from the date of the termination of the Contract.
FREE DELIVERY FOR ORDERS OVER € 40.00
All Purchase Orders placed in Italy for a sum of less than € 40.00 are subject to a fixed delivery charge of € 5.50. At the moment, it is not possible to deliver abroad.
Article 11 – Transfer of risk
11.1. Unless otherwise expressly agreed in the Contract, shipment shall be carried out at the Purchaser’s risk. The risk shall be passed to the Purchaser as soon as Cicaboom has handed over the Products to the carrier responsible for the shipment. The ownership of the Products will be transferred to the Purchaser following delivery and in accordance with the agreed terms of delivery and upon full payment of the amounts due, including delivery costs.
Article 12 – Warranty and trade compliance
12.1 Pursuant to and for the purposes of Article 1490, of the Italian Civil Code and Articles 128 and following of Legislative Decree no. 206/2005 (“Consumer Code”), Cicaboom only guarantees the compliance of Products on the Site, to the characteristics in the Contract, as well as guaranteeing that they are free of defect in the matter of design, planning, materials and manufacture under normal conditions of use.
If the Purchaser has stipulated the Contract as a consumer, that is as a natural person who operates on the Site for reasons unrelated to business or professional reasons, such warranty is extended to 24 months from the date of delivery (“Warranty Period”).
12.2 Cicaboom undertakes, at its own expense and responsibility, to repair or replace any defective Products, covered by the warranty provided for in paragraph 12.1 above, provided that the claim is forwarded in writing, detailing the faults, and at the same time requesting repair or replacement of the Product by the Purchaser within a maximum of 2 months from the date in which the fault has been identified, using the appropriate form on the Site. The Purchaser agrees to complete the above-mentioned form, with correct and truthful information.
In such circumstances, as a further remedy to the faults notified by the Purchaser, Cicaboom guarantees to apply an appropriate reduction in price or to terminate the Contract relative to the goods contested and the consequent refund of the cost.
12.3 It is understood that all costs of replacement for faulty Products will be sustained by Cicaboom.
12.4 The warranty does not apply to the Purchaser and Cicaboom is therefore not held responsible if:
(i) it regards Products or their component parts subject to wear and tear or whose life expectancy is less than the Warranty Period;
(ii) it regards the ordinary deterioration of the Products;
(iii) the faults and/or damages experienced by the Purchaser are a result of the incorrect use of the Products on behalf of the Purchaser or any third party;
(iv) the Purchaser or a third party has modified the Product and/or attempted to intervene to repair the fault without prior consent from Cicaboom.
12.5 The warranties and remedies described in paragraphs 12.1 – 12.4 above are the sole warranty rights granted to the Purchaser by Cicaboom. The present warranty is in substitution for and excludes any other warranty, express or implied set forth by law or otherwise.
Article 13 – Right of withdrawal and Return of Products
13.1 In compliance with Articles 52 and following of the Italian Consumer Code, the Purchaser has the right to withdraw from the purchase without penalty and without stating the reason within 14 days from receipt of the Products. The right to withdraw applies to all, or part of the Products purchased.
In the event of multiple purchases by the Purchaser in one Order and with separate delivery dates, the 14-day period starts from the date the last Product was received.
13.2 The Purchaser who intends to exercise his right to withdraw must explicitly communicate this to Cicaboom, in writing by registered mail to the following address:
VIA TULLIO MOLTENI 2/12, 16151 Genova (GE) Italy
The Purchaser can, in addition, communicate his intention to withdraw, by providing the order number and the name of the Purchaser via PEC to: [email protected]
13.3 The Purchaser can also exercise his right to withdraw by sending any form of the explicit declaration containing the decision to withdraw or by sending a withdrawal template form, as in Annex I, part B, Legislative Decree no. 21/2014 (non-mandatory).
13.4 In the event of withdrawal, the Purchaser agrees to return the Products to:
VIA TULLIO MOLTENI 2/12, 16151 Genova (GE) Italy
The goods must be returned undamaged, in the original packaging, complete in all its parts and with the tax documentation attached. Without prejudice to the right to verify the above, Cicaboom will refund the cost of the Product/s returned within 14 days, including any delivery costs.
The packaging and the integrity of the Products to be returned are the sole responsibility of the Purchaser. Each Product to be returned must be adequately packaged for standard or express shipment. If the Purchaser no longer has the original packaging or if such packaging is no longer fit for the purpose, the Purchaser is obliged to obtain a similar or superior type of packaging. Cicaboom informs the Purchaser that Products returned with torn or opened packaging will not be accepted.
13.5 As provided for in Article 56, paragraph 3 of Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014, the Site may withhold the refund until the Product/s have been received or until the Purchaser can demonstrate the shipment of the Product/s, according to which situation occurs first.
13.6 It remains understood that the right to withdraw will not apply to Cicaboom’s services and Products that are included in the categories in Article 59 of Legislative Decree no. 206/2005.
13.7 Cicaboom will undertake to refund the amount using the same payment method chosen by the Purchaser at the time of purchase. In the event of payment made by bank transfer, should the Purchaser intend to exercise his right to withdraw, the Purchaser must provide the bank details: IBAN, SWIFT and BIC codes that are necessary for the refund.
Article 14 – Protection of personal data
14.1. Cicaboom, as the data controller of personal data, handles the Purchaser’s personal data in compliance with EU Regulation no. 201/679 (GDPR), concerning the protection of individuals with regard to the processing of personal data as well as the free circulation of such data. For more information regarding the methods and purposes of the processing of personal data, please read the privacy statement, pursuant to Articles 13 and 14 of the GDPR, available at the following link: informativa-clienti-e-commerce.
Article 15 – Severability Clause
15.1 If one of the clauses present in these General Terms and Conditions is considered void for whatsoever reason it will not compromise, in any way, the validity and compliance of the other conditions present in the General Terms and Conditions.
Article 16 – Contacts
16.1. Any request for information can be sent by email to the following address [email protected], by telephone to the following number: +39.3505832065, and by post to the following postal address:
VIA TULLIO MOLTENI 2/12, 16151 Genova (GE) Italy
Art. 17 – Applicable Law and Court of Jurisdiction
17.1 These General Terms and Conditions are governed by Italian Law and interpreted in accordance with it, without prejudice to any other regulations prevalent in the Purchaser’s country of residence. Consequently, the interpretation, execution and termination of the present General Terms and Conditions are exclusively subject to Italian Law.
17.2 Any disputes inherent to/or consequent to the same must be resolved exclusively by the Italian Judicial Authorities. In particular, should the Purchaser assume the position of Consumer, any disputes will be resolved by the Court in the place of domicile or residence of the latter according to the applicable law. In any other case, the Court of Milan shall have exclusive jurisdiction.
The conditions herein were drafted on 09/09/2019.