General conditions of Sale

PREMISE

CICALA® and NOI, VOI, L'ORO® are registered trademarks owned by Cicala S.r.l. and are protected by current national and international Copyright regulations. It is prohibited to download or use the contents of this site, any type of images, photographs and texts, and information, with any downloading system or software. It is forbidden to insert pages of the Cicala site within frames so that other commercial brands can be linked to the site itself without prior written authorization from Cicala S.r.l..

GENERAL TERMS & CONDITIONS OF SALE

1. Conditions of sale
2. Order entry and confirmation process
3. Contract archiving and access to order history
4. Products and prices
5. Legal guarantee
6. Insurance policy for theft, purse snatching, robbery and fire
7. Payments
8. Shipping and transportation
9. Damaged products
10. Right of withdrawal
11. Exclusions from the right of withdrawal
12. Refund following the exercise of the right of withdrawal
13. Complaints
14. Controversies
15. Final provisions

1 - Conditions of Sale

1.1. Cicala recommends that you carefully read these Conditions of Sale before ordering the products on its website. These Conditions, together with the Privacy Policy, govern mutual relationships in relation to the use of the website and the purchase by the Customer of a Cicala product via the Cicala website or by telephone communication. For any questions regarding these conditions, or if the Customer does not intend to accept their application, it is possible to contact Customer Service at the email address support@cicala.it or by telephone at +39 010 6981030 before proceeding further. The following information is provided in accordance with Article 49 of the Consumer Code and following (Legislative Decree 6 September 2005, n. 206).

1.2. By clicking on the "Confirm Order" button on the website during the final purchase phase, the Customer declares to accept these Conditions of Sale. Please note that, in case of non-acceptance of these Conditions of Sale, it will not be possible to purchase any product on the Cicala website.

2 - Order entry and confirmation process

2.1. To purchase on the www.cicala.it portal you must follow the steps below:

Make your choice of product;
Insert the product into the cart;
Confirm the cart, correct the quantities or delete previously inserted products by continuing towards checkout;
Review the final order and view the total, including taxes and shipping costs (if applicable);
Choose your payment method
Enter the data for shipping or collection on site (through the log-in if you have already registered on the site)
Confirm the order using the "Confirm order" button, which is equivalent to forwarding a commercial purchase proposal.

2.2. By sending the order proposal, the Customer confirms his intention to purchase on the Cicala S.r.l. website. but the order will be definitively concluded only when Gioielleria Cicala sends written confirmation, notifying the buyer via registered e-mail or indicated in the order registry.

2.3. Since the items offered by Cicala are also on sale in physical stores, the selected jewel may not be immediately available. In this case, Cicala will be responsible for communicating the exact delivery time to the Customer before accepting the purchase.

2.4. For orders that require further steps after the shopping cart purchase (for example, preparing a prototype, sending reservations to suppliers, etc.), Gioielleria Cicala will send confirmation of "taking charge" of the order, which will be followed by definitive confirmation after a few days, followed by an indication of the order execution time.

2.5. Once placed, orders cannot be modified or canceled by the buyer. Any errors or cancellation requests must be reported without undue delay and at the latest within 24 hours to the Cicala Jewelery email address (support@cicala.it). In such cases, Gioielleria Cicala will decide on the merits at its sole discretion.

3 - Archiving of the contract and access to the order history

3.1. The purchase contract will be stored in the database of the Cicala headquarters in Genoa (GE) in Via Martiri della Libertà, 23-25r - 16156 Genoa Italy, for the time necessary to execute the order and for administrative needs within the terms established by law . The user will be able to access their data and the history of completed orders through their personal account on the Cicala website. For more information, see our Privacy Policy.

4 - Products and prices

4.1. Only original items are on sale on Cicala. All the products offered are accompanied by boxes and official guarantees from the respective companies and manufacturers. The prices displayed in the product sheets on the site are VAT included and are the normal list prices recommended by the manufacturers and with which Cicala displays the products in its physical stores. The final price including shipping costs, insurance and any customs charges will be highlighted and clearly visible before the final confirmation of the order. Any customs charges for shipments outside the European Union are excluded.

4.1.1. - TRADEMARK CONCESSIONS
Cicala does not necessarily hold the status of official dealer of all the brands offered for sale, and therefore does not have direct commercial relationships with all the companies that own the brands. Cicala, in any case, always guarantees the absolute originality, lawful origin and perfect integrity of the products marketed, which are always accompanied by their official packaging (box and guarantee).

4.1.2. - VINTAGE JEWELRY AND WATCHES
Cicala enriches the proposals intended for its Customers with vintage jewels and watches, or in any case not new, or collectibles, and which present characteristics of exceptional quality combined with a price of certain convenience and occasion. For these products, the general characteristics are always well specified: the material, the conditions in which it is sold and the guarantee issued. For each product, rigorously selected, checked and possibly restored, Cicala issues a certificate of lawful origin with a guarantee of originality and functioning for 24 months. For all items of this type the guarantee is accompanied by photographs that portray and highlight even the smallest details.

4.1.3. - PROMOTIONS AND DISCOUNTS
Cicala rewards its loyal customers with truly advantageous preferential treatments. A first significant discount can be obtained free of charge and without obligation to purchase by registering on Cicala and subscribing to the newsletter. Other discounts and promotions will be available, exclusively for members, during various periods of the year. All products placed on promotion are not subject to further discounts and/or promotions.

4.1.4. – PHOTOGRAPHS OF THE PRODUCTS
Cicala independently takes photographs of its jewels offered for sale on the website: all images of the jewels exactly represent the final jewel that the Customer can purchase. The watches and jewelery produced by brands are offered for sale using the official images provided by the respective manufacturing brands.
Some objects may appear slightly larger or smaller than the actual size of the object in order to fit the object to the screen or due to particular photographic techniques. Other items may be depicted larger than actual size in order to clearly show details, or smaller than actual size in order to show the item in full. Cicala will always try to provide any useful information to determine the size of the product.

5 – Legal Guarantee

5.1. All items on sale on Cicala are guaranteed to comply with the specifications reported in the published product data sheets, and are always accompanied by guarantee and original packaging, if supplied by the manufacturing companies. The guarantee can be asserted by the Customer within 24 months of delivery, provided that the defect is reported within 60 (sixty) days of its discovery.

5.2. In the event of a lack of conformity of the products, pursuant to the Consumer Code, the Customer has the right to have the conformity of the goods restored, without charge, through repair or replacement.

5.3. In case of impossibility to carry out the above remedies, the Customer has the right to an adequate reduction in the price of the products, or to the termination of the contract. These rights are considered waived if any lack of conformity is not notified within two months (sixty days) from the date on which it was discovered.

5.4. WARRANTY ON WATCHES

The watches sold by Cicala, except for second-hand (used) watches, are guaranteed for a period of 24 (twenty-four) months starting from the date of purchase in accordance with the conditions established by the guarantee. Particularly valuable watches are guaranteed for 60 (sixty) months starting from the date of purchase in accordance with the conditions established by the guarantee. The international warranty covers any defects in the material with which the watch was built as well as manufacturing defects existing at the time the watch was sold. During the warranty period and upon presentation of the valid warranty certificate (i.e. certificate bearing the date of purchase and which has been correctly filled out and stamped by Cicala) the Customer will have the right to have their watch repaired free of charge by the manufacturer brand. If the repairs are inadequate to restore the normal conditions of use of the watch, the timepiece will be replaced by the manufacturer brand with a new watch having identical or similar characteristics. The manufacturer brand's obligation to replace the watch ceases 24 (twenty-four) months from the date of purchase of the watch that was replaced. Once this period has expired, Cicala will propose alternative solutions to the customer to allow the exercise of the right to the guarantee. The guarantee can only be activated if the guarantee certificate included with the watch at the time of purchase is dated, duly completed and stamped by Cicala; the Customer is asked to verify upon receipt of his purchase that the guarantee contains all the details necessary for its validation, and must, if necessary, contact Cicala Jewelery as soon as possible in order to request the integration of the missing data. The warranty does not cover: battery life; damage resulting from wear and tear and aging (such as for example scratches on the glass, alterations in the color and/or material of non-metallic bracelets and straps and made for example with leather, fabric, rubber, and the lack of plating); any damage to any part of the watch resulting from abnormal or unauthorized use of the watch, lack of due attention, negligence, accidents (knocks, dents, impacts, broken glass, etc.), incorrect use of the watch and failure to follow the instructions given by the manufacturer; any indirect damage of any nature that may arise for example from the use, malfunction, defects or lack of precision of the watch; Repairs to the watch made by unauthorized persons (such as during battery changes, repairs or service) or alterations to the watch from its original condition without the supervision of the manufacturer.

5.5. - JEWELRY WARRANTY

For all jewels, descriptive certification will be provided relating to the gems and the fineness of the metal and/or precious materials used. The warranty does not cover damage resulting from wear and aging (such as scratches, color alterations and the deterioration of plating); any damage to any part of the jewel(s) resulting from abnormal use, lack of due attention, negligence, accidents (knocks, dents, impacts, etc.), incorrect use of the jewel(s); any indirect damage of any nature that may arise from use; repairs of the jewel(s) carried out by third parties or alterations of the jewel(s) from its original condition without the supervision of the manufacturer brand.

6 - Insurance policy for theft, snatching, robbery and fire

6.1. For some particularly delicate or expensive products, or for other reasons at the sole discretion of Gioielleria Cicala, the seller may issue a free insurance policy against theft, mugging, robbery and fire for a period of one year.

7 – Payments

7.1. The prices applied to the products are shown both on the product sheet and in the checkout phase of the cart. Prices may be subject to change at any time, without prejudice to orders already confirmed with the sending of the shipping email.

7.2. Prices are all checked periodically. However, if the Cicala staff finds an error in the price when receiving the Customer's order, Cicala Jewelery will contact him to verify that he still intends to proceed with the purchase by applying the correct price. In this case Cicala will send confirmation of the conclusion of the contract with the prices correctly applied.

7.3. Payment for the product(s) can be made using all the means made available to the customer at the time of checkout, including: credit or debit card, advance bank transfer, payment in installments by PagoLight, Klarna or Findomestic, Paypal or Payments via advance payments. Cicala accepts payments via Visa, Electron Visa, MasterCard, American Express and Maestro cards. Other forms of payment must be agreed on a case-by-case basis.

7.4. No shipment of the product(s) will be made until payment has been received in full.

7.5. Gioielleria Cicala is not responsible for any delay or failure to deliver the product(s) ordered if the card issuer or our service provider refuses or does not authorize or validate the payment for any reason.

8 - Shipping and transport

8.1. All products sold travel with free insurance coverage included for the Customer paid by Cicala. For purchases of amounts exceeding €100.00, shipping to Italy is free. All products on sale on Cicala and immediately available (Available Immediately) are shipped within 1-3 working days.
An exception is made for products not in stock and to be ordered from a supplier (Available to order) or for which additional processing is required such as, for example, the service of engraving a name, or making a ring sized. The delivery time in these cases will be estimated and communicated on a case-by-case basis depending on the processing required.

8.2. The shipment will take place via Bartolini courier, DHL or via another carrier chosen by Gioielleria Cicala, and always in a manner traceable by the Customer (the Customer will be provided with a tracking code to the e-mail address used for the purchase).

8.3. The products ordered will be shipped to the address indicated by the Customer. Cicala cannot in any case be held responsible for any delays or non-delivery due to unforeseeable circumstances or force majeure, nor for delays attributable to the carrier of the goods.

8.4. The product will be shipped accompanied by a purchase receipt, any receipt (in the case of purchases made with advance payment and immediate crediting of the amount) and any invoice addressed to the buyer (if the Customer has provided the necessary data and has made explicit request during the purchase phase).

8.5. It is possible to choose three distinct shipping and delivery methods, including on-site collection. Each of them has the following applicable costs:

• Standard (Italy): Delivery to the indicated address takes on average 1 to 3 working days. delivery can therefore already take place between 8:00 am and 6:00 pm the following day for products available in stock (Available immediately). Standard shipping is free in Italy for purchases equal to or greater than 100 euros, while for purchases up to 99 euros only a cost contribution of 6 euros is required.
• Standard (World): Delivery to the address may take 2 to 5 working days for products in stock. The shipping cost varies depending on the destination country; by entering the delivery data the correct amount to be paid will be displayed before proceeding with the purchase confirmation.
• Premium: Speeds up and prioritizes your order over all others: the Cicala Jewelery staff processes purchases made with Premium Shipping first. Delivery can take place within 24-48 hours, between 8:00 and 18:00, for products available in stock (Available immediately). An additional 10 euros are added to the cost of Standard Shipping. This type of shipping is recommended for those who have very close delivery dates to the time of the order.
• On-site collection: free. The Customer can choose to collect their purchase at one of the Cicala stores. The availability for collection of the order at the preferred location will be notified to the Customer via SMS, email or telephone. Orders are usually already available for collection starting from 10:00 am on the day following purchase.

8.6. All products on sale on www.cicala.it, if immediately available with the words Available Now, are usually shipped and delivered within 1-3 working days, subject to the exceptions indicated in the Notes* below.

8.7. For products available to order (i.e. to be ordered from a supplier, to be created or for which additional processing is required such as, for example, the service of engraving a name or making a ring to size). The delivery time in these cases varies depending on the time required for the product to return to stock or the complexity of the processing required. It is possible to view the estimated replenishment time of the product next to the wording Available to order for products to be ordered from a supplier.

8.8. The shipping times indicated refer to normal working periods: during working holidays, and public holidays in general, the timing may vary; in the case of delivery dates close to the time of purchase, the Customer is invited to contact Customer Service for any kind of information.

*Note:

For Southern Italy, Islands and Remote Areas (historic centres, areas not reachable with the ordinary urban area) the timing may require 1-3 additional days depending on the destination areas. To guarantee the quality and efficiency of the service, we ask the Customer to carefully enter the complete shipping address, together with any notes to make delivery easier (e.g. preferred times).

For European Union countries, shipping times are 1-3 working days and costs are expressed on a case-by-case basis during the purchase phase depending on the destination country.

For non-EU countries, shipping times are usually 2-5 working days, excluding any time necessary for customs clearance of the goods. The shipping cost is clearly expressed during the purchase phase depending on the country of destination; any customs charges are always borne by the Customer.

The delivery date may be postponed due to bad weather, natural disasters, strikes or other events that may cause the interruption or extension of the delivery times of shipping services; orders shipped abroad may be subject to delays due to customs checks. In no case can Cicala jewelery be held responsible for any delays or failure to deliver due to unforeseeable circumstances or force majeure, nor for delays attributable to the carrier of the goods. Understanding how important the timely delivery of what is ordered is, Cicala jewelery undertakes, through its Customer Service, to assist and support the Customer where there are problems with delivery delays.

9 – Damaged products

9.1. Except in cases of lack of conformity or functioning, for which the legal guarantee comes into play in favor of the Customer, upon delivery of the package the Customer is required to inspect the product(s) in order to verify the presence of any obvious and visible (obvious) defects or damage.

9.2. If the Customer finds the presence of defects or damage, he must report it as soon as possible and in any case within a maximum of 7 days to Gioielleria Cicala, attaching proof of the damage (photographs or videos).

9.3. Once the damage has been ascertained, Gioielleria Cicala will organize the collection or return of the goods in question at its headquarters, without any expense on the part of the Customer.

9.4. Before the item is refunded, Gioielleria Cicala will carry out the appropriate checks to understand the source of the damage. These activities have a maximum timing of 7 days.

9.5. If it is ascertained that the damage to the product(s) occurred before delivery, or that the defect is not attributable to fault or use by the Customer, Cicala will arrange for the relevant repair or replacement or full refund of the price paid by the Customer, including any shipping costs, provided that the damage does not arise from having worn or used the product(s).

9.6. If the Customer prefers the repair or replacement of the product(s), please contact Cicala who will replace the item without any further expense where this is reasonably possible. In addition, we will reimburse the costs incurred for returning the item.

9.7. In the event that Gioielleria Cicala suspects that the damage is attributable to incorrect handling of the jewel by the Customer or to accidental falls which presumably occurred under the customer's control, it may carry out appraisals on the item before giving an answer to the Customer regarding the possibility of reimbursement.

9.8. If it is ascertained that the damage to the product(s) occurred after delivery, the goods will be returned to the Customer by Express Courier and no refund will be due.

10 - Right of withdrawal

10.1. The Customer, pursuant to Article 52 of the Consumer Code, has the right to withdraw from this Contract without any reason within 14 calendar days of delivery of the order.
To exercise the right of withdrawal, the Customer can follow the instructions contained inside the package (if the purchase is covered by the right of withdrawal) and is required to give unambiguous communication, in writing, in the following alternative ways:

• Registered return mail to Cicala Srl, Via Martiri della Libertà, 23r – 16156 Genoa (Italy);
• By telephone at +39 010 6981030;
• By e-mail to amministrazione@cicala.it (specifying your full name, address, telephone number and order number);
• By filling in the appropriate withdrawal form available online on the website and sending it to the addresses above.

10.2. After having communicated the desire to exercise the right of withdrawal, the Customer must return the products without delay and in any case within 14 days of the communication of withdrawal to Gioielleria Cicala, sending them in the same conditions in which they were delivered.

10.3. The Customer is required to observe the necessary diligence in caring for the product(s) in his possession. The product must be returned in perfect condition, in the original packaging and complete with all accessories supplied at the time of purchase (warranty, case, instructions, etc.), together with the purchase document. An exception is made to all customized, modified or commissioned products; for the latter, any possibility of refund or return expires. The Customer is also invited to forward photographs of the product he wishes to return in advance in order to be able to prove its good condition.

10.4. Before proceeding with the shipment, Gioielleria Cicala recommends that you agree on the return methods with Customer Service (available from Tuesday to Saturday from 9:00 to 12:30 and from 15:30 to 19:30 at the addresses indicated above).

10.5. The Customer can proceed with the shipment of the return using any courier or post office, therefore choosing the means he prefers, bearing the risk of loss and the related costs.

10.6. The cost of return shipping is always borne by the buyer, for an amount of 12 euros.

11 - Exclusions from the right of withdrawal

11.1. Products cannot be returned to Cicala in the cases referred to in Article 59 of the Consumer Code, for example for the purchase of specially personalized, engraved, ordered from suppliers (available to order) or individualized products; for the supply of sealed items not susceptible to return for health or hygiene reasons whose seals have been removed after delivery, etc.

11.2. Recipients of gifts purchased on Cicala.it, but not buyers, are entitled to replacement of the products but not to a refund unless requested by the person (the Customer) who placed the order. To request a product exchange or a refund from the buyer (Customer) it is necessary to follow the instructions provided inside the package sent by Cicala.

12 – Refund following the exercise of the right of withdrawal

12.1. If the product(s) are returned(s) according to the terms indicated, Gioielleria Cicala will refund the entire price of the product(s), except for any deductions due due to use and damage to the product) as well as the standard shipping costs incurred by Cicala.

12.2. Gioielleria Cicala will refund the amount using the same payment method used by the Customer, or by bank transfer, within 14 days of receiving the goods for which the right of withdrawal was exercised.

12.3. In the event that there are anomalies in the package received (undisputed damage to the jewel by the Customer, replacement of the product or gems, or other types of anomalies on the product), the refund period may be suspended or extended until the conclusion of appropriate checks, with appropriate and timely justification by Gioielleria Cicala. In this case, the Customer will be notified by email or telephone.

13 – Complaints

13.1. Any complaints must be forwarded by registered mail. to Cicala and anticipated, if possible, via e-mail to the address complaint@cicala.it with the subject: 'Complaint' followed by the purchase order number.

14 – Disputes and dispute resolution

14.1. For any dispute between the parties regarding this contract, the court in whose district the consumer has his domicile or residence will be competent, provided that this place is located within the Italian Republic. Otherwise, the court provided for by international law will apply.

14.2. Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute he can submit a complaint via the European Union ODR platform which can be reached by clicking on the following link http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who wish to resolve disputes arising from sales or online service contracts out of court. For further information contact: complaint@cicala.it.

14.3. The Customer can make use of the Joint Consumer Conciliation procedure provided by the Netcomm Consortium, of which Cicala is a member. The Procedure can be started if the consumer, after having lodged a complaint with the company, within 45 days, has not received a response or has received a response which he does not consider satisfactory.

14.4. The customer who decides to make use of the Joint Conciliation procedure is obliged to send the request to the address: conciliazione@consorzionetcomm.it or directly on the Consorzio Netcomm website, http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/ La-Conciliazione-Paritetica.kl

15 – Final provisions

15.1. These Conditions of Sale and any other document expressly referred to in them constitute the entire agreement between the parties with reference to the object of the Contract.

15.2. Any further communication between the parties will be formulated in Italian.

15.3. The form, existence, construction, execution, validity and any other aspect of these Conditions of Sale or any of the clauses contained therein are governed by Italian law.

15.4. The Customer can print a copy of these conditions and keep it in their archives.

Version REV.01 published on 12/01/2024