Sales conditions
General Conditions of Sale (GCS)
The content of these terms and the general conditions regulate all contracts concluded between the buyer and the seller regarding the website www.cirrottola.com. A contract is subject to the version of the terms and conditions applicable at the time the contract is concluded.
The website www.cirrottola.com is the property of F.lli Cirrottola s.r.l. (hereinafter for brevity Cirrottola s.r.l.) with registered office in Viale Martiri, 139 – 70022 Altamura (Ba) – Italy.
Purchases made electronically or by telephone are governed by these conditions of sale, which may be modified at any time by Cirrottola s.r.l., with effect from publication on the site.
Any condition by the buyer that contradicts or deviates from these terms and general conditions does not form an integral part of the contract unless expressly agreed in writing by the seller.
1 - Definitions
“Consumer”: any natural person who places an Order for purposes other than their entrepreneurial, commercial, artisanal or professional activity,
“Professional”: any natural or legal person who places an Order in the exercise of their entrepreneurial, commercial, artisanal or professional activity. professional;
“Customer”: depending on the case, a Consumer or a Professional;
“Contract”: any agreement between Cirrottola s.r.l. and a Customer regarding the purchase by the latter of one or more Products, concluded, depending on the means used, according to the methods set out in these conditions of sale;
“Order”: any proposal regarding the purchase of one or more Products, formulated by the Customer to Cirrottola s.r.l.;
“Site”: the website www.cirrottola.com
2 - Object of the contract
This Contract contains the terms and conditions that govern the sale of Products as well as the provision of Services purchased by the Customer via electronic or telephone means; and the navigation of the Site by the Customer as well as the use of all the functions made available to the Customer through the Site.
3 - Stipulation and conclusion of the contract
3.1 The contract between Cirrottola s.r.l. and the Customer is concluded by telephone or via the Internet by the Customer accessing the address www.cirrottola.com, where by following the procedures indicated, the proposal for the purchase of goods referred to in the previous article will be formalized. Any contract relating to the purchase of Products will be stipulated in Italian.
3.2 Cirrottola s.r.l. may not take charge of and process the order if there are insufficient guarantees of payment, if the orders are incomplete or incorrect, or if the products are no longer available. In the cases mentioned above, the Customer will be informed by e-mail that the contract has not been executed and that Cirrottola s.r.l. has not confirmed the purchase order specifying the reasons. It is understood that Cirrottola s.r.l., in the event of non-acceptance, will refund the amounts already paid.
3.3 By placing an order, the Customer declares that he has read all the information provided to him during the purchase procedure, and that he fully accepts these general conditions of sale. By placing the order, the Customer expressly acknowledges that this implies the obligation to pay the price and other amounts due pursuant to these general conditions of sale.
3.4 Conclusion of the contract via the Internet
3.4.1 To proceed with the purchase of one or more Products via the Internet, the Customer must first register on the Site, providing Cirrottola s.r.l., in compliance with the applicable provisions on the protection of personal data, all the data necessary to allow Cirrottola s.r.l. itself to execute the Orders placed. Please note that the Customer may also make the purchase without registering, by entering shipping and payment information.
3.4.2 The Customer may select one or more Products that he/she intends to purchase, by placing them in a virtual "cart", the contents of which he/she may always view before proceeding to forward the Order.
3.4.3 By clicking on the "Proceed to purchase" button, the Customer will start the procedure for forwarding the Order. During the Order formulation phase and until its actual forwarding, the Customer will, in any case, have the possibility of reviewing the data entered by clicking on the "Back" button, in order to identify and correct any incorrect information.
3.4.4 By clicking on the "Complete purchase" button, at the end of the procedure started pursuant to the previous section 3.4.3, the Customer will forward the Order to Cirrottola s.r.l. Each Order forwarded according to these methods shall be considered, for all purposes, as a contractual proposal, pursuant to and for the purposes of art. 1326 of the Italian Civil Code, by the Customer. The forwarding of the Order by the Customer will be promptly followed by confirmation from Cirrottola s.r.l. regarding the receipt of the Order itself, by sending an e-mail to the e-mail account communicated by the Customer. By sending this e-mail, Cirrottola s.r.l. will also communicate to the Customer whether the Order can be accepted or not (the Order Confirmation).
3.4.5 The presentation of the Products on the Site constitutes an invitation to the users of the Site to formulate, towards Cirrottola s.r.l., a purchase proposal. Such invitations to offer are not binding for Cirrottola s.r.l. and, in particular, do not constitute offers to the public pursuant to and for the purposes of art. 1336 of the Italian Civil Code, with any decision regarding the acceptance of any proposals formulated remaining at the full discretion of Cirrottola s.r.l.
3.4.6. Cirrottola s.r.l. will have the right to accept or not the Orders received (as per 3.2) without, in the event of non-acceptance, the Customer being able to advance rights or claims against F.lli Cirrottola s.r.l. for any reason. The Order will be considered, in any case, accepted and consequently the Contract concluded at the moment in which the Customer receives, on his/her email address, the Order Confirmation email, containing the Order Number, to be used in all subsequent communications with Cirrottola s.r.l.. The message will reiterate, in addition to the information required by law, all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections. Possible additional costs determined by errors in the data not reported promptly, will be the sole responsibility of the Customer.
3.5 Conclusion of the contract by telephone
3.5.1. The Customer may also purchase the Products by contacting customer service, at the number +39 0803105487, from Monday to Friday from 8:00 to 20:00 and Saturday and Sunday from 10:00 to 18:00, provided that he/she has previously registered on the Site.
3.5.2. If the conditions set out in the previous paragraph 3.5.1 apply, the Customer may proceed with the forwarding of an Order by contacting customer service at the number indicated above, communicating to the operators all the data necessary for its completion (name, surname, email address, billing address and shipping address, if different from the billing address).
3.5.3 The Order will be considered forwarded at the end of the telephone communication and must be understood, also in this case, as a contractual proposal pursuant to and for the purposes of art. 1326 of the Italian Civil Code. The forwarding of the Order by the Customer will be followed by confirmation by Cirrottola s.r.l., via the Order Confirmation Email of the receipt of the Order itself and its acceptance.
3.5.4 Cirrottola s.r.l. will have the right to accept or not the Orders received (as per 3.2) without, in the event of non-acceptance, the Customer being able to advance rights or claims against Cirrottola
s.r.l. for any reason. The Contract will be considered, in any case, concluded when the Customer receives, on his/her email address, the Order Confirmation Email, containing the Order Number, to be used in any subsequent communication with Cirrottola s.r.l.. The message will reiterate, in addition to the information required by law, all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections. Possible additional costs resulting from errors in data not reported promptly will be the sole responsibility of the Customer.
3.6 Before proceeding with the forwarding of any Order, both in the manner established in Section
3.4 and in those established in Section 3.5, the Customer is invited to read these GTC with the utmost attention.
4 - Prices and shipping costs
4.1 The sales prices shown on the website www.cirrottola.com are inclusive of VAT and do not include any taxes, duties and charges applicable in the country of destination of the Products, where this is different from Italy, which will be borne by the Customer.
4.2 Cirrottola s.r.l. reserves the right to change the prices of the products listed on the website at any time. Any price changes will not, however, be effective for Customers who have already sent the order.
4.3 Shipping costs are indicated and calculated during the conclusion of the order sending process and in any case before payment is made.
5 - Payment methods
5.1 Each payment by the Customer may only be made using one of the methods proposed by Cirrottola s.r.l. at the time of completing the order, such as, for example, payment by credit card (Visa, MasterCard, American Express), payment via the protected “Paypal” system, payment with prepaid cards (e.g. Postepay”).
5.2 Invoices will also be issued in electronic format.
6 - Delivery methods
6.1 Cirrottola s.r.l. will deliver the purchased products via courier to the address indicated in the order, as confirmed in the Order Confirmation email.
6.2 Cirrottola s.r.l. reserves the right to refuse or not execute Orders that provide for the delivery of the relevant Products outside of Italy, or in the Municipalities of Livigno or Campione d’Italia.
6.3 Cirrottola s.r.l. will use carriers selected by Cirrottola s.r.l. itself and, where the products are marked on the site as available, will ship the items as soon as possible or, in the case of payment by bank transfer, within 5 (five) working days following receipt of payment.
7 - Responsibility
7.1 Cirrottola s.r.l. will not be liable for failure or delay in delivery in the event that:
a) despite having regularly and promptly purchased the products to cover the order received, it has not been supplied in the terms and ways agreed with the supplier;
b) is unable to compensate for the unavailability of such products, due to circumstances beyond its control
c) has promptly communicated to the Customer such unavailability of the products.
In any case, where the Customer is a Consumer and such unavailability does not allow delivery to be made within 30 (thirty) days of placing the Order, Cirrottola s.r.l. will reimburse the
Consumer for any payments already made within 30 (thirty) days from the day following the day on which the Order was placed.
7.2 Cirrottola s.r.l. will not be responsible for delayed or failed delivery due to causes of force majeure such as, for example, strikes, measures by the Public Authority, fires, floods, damage to machinery not attributable to Cirrottola s.r.l. In any case, Cirrottola s.r.l will promptly notify the Customer of the occurrence and cessation of the causes of force majeure. In the event that the cause of force majeure persists for a period exceeding 30 (thirty) days, each party will have the right to withdraw from the contract. In the event of withdrawal pursuant to this section, the Customer will not be able to claim any compensation or reimbursement, without prejudice to the right to a refund of any amount already paid as the price for the products subject to the order, within 30 (thirty) days from the Order itself.
7.3 In the event of a purchase made by a Consumer, the risk of accidental loss of the Products Cirrottola s.r.l. will remain with Cirrottola s.r.l. until their delivery to the Consumer or another person indicated by the latter, regardless of whether the shipment of the same Products is insured or not. In the event of a purchase made by a person other than a Consumer, the risk of accidental loss of the article passes to the Customer with the delivery of the product by Cirrottola s.r.l. to the first carrier.
8 - Right of withdrawal
8.1 The Customer has the right to withdraw without any penalty, specifying the reason, within 14 (fourteen) days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods. In the case of a contract relating to multiple goods ordered by the Customer in a single order and delivered separately, the term runs from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last good.
8.2 To exercise the right of withdrawal, the Customer must contact our customer service by sending an email to
8.3 If the Customer withdraws from the contract, the payments made to Cirrottola s.r.l. will be refunded, including the cheapest shipping costs offered by Cirrottola s.r.l., without undue delay and in any case no later than 14 (fourteen) days from receipt of the returned product. Said refunds will be made using the same means of payment used by the Customer for the initial transaction, unless he has expressly agreed otherwise; in any case, he will not have to bear any costs as a consequence of such refund. Cirrottola s.r.l. reserves the right to withhold the refund until it has received the goods or until the Customer has demonstrated that he has sent back the goods, depending on which situation occurs first.
8.4 In the event of exercising the right of withdrawal, the Customer returns the goods or delivers them to F.lli Cirrottola s.r.l. at Altamura, Viale Martiri n. 139, 70022 Altamura (Ba), without undue delay and in any case within 14 (fourteen) days from the date on which he communicated to Cirrottola s.r.l. his decision to withdraw from the contract. The direct cost of returning the goods remains the responsibility of the Customer.
8.5 The Customer is responsible for the decrease in value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. It is specified, in any case, that the right of withdrawal in favor of the Consumer does not apply to products that, by their nature, are not suitable to be returned or are subject to the risk of rapid deterioration or alteration, such as, by way of example, cosmetic products that have already been opened.
8.6 If the right of withdrawal is exercised, Cirrottola s.r.l. will not be responsible for the transport costs for the return or for any loss or damage to the products attributable to third parties.
8.7 In the event that the Consumer intends to exercise the right of withdrawal, the Cirrottola s.r.l. products must be returned:
- correctly packaged in their original packaging, in perfect resale condition (not ruined, damaged or soiled) and equipped with all accessories, instructions for use and documentation;
- equipped with the transport document (present in the original packaging), so as to allow Cirrottola s.r.l. to identify the Consumer (Order number, name, surname and address);
- without obvious signs of use. That is, they must not show traces of use and must not be in such a condition that does not allow resale.
If the returned Product does not comply with the provisions of the previous paragraph, the withdrawal will not be effective.
9 - Guarantees and complaint management
9.1. The provisions of law on guarantees apply to purchases made by Consumers, including, if applicable, the provisions of the Consumer Code on guarantees for Consumers.
9.2 For Products purchased by Professionals, Cirrottola s.r.l., without prejudice to the mandatory limits of the law, does not issue any guarantee.
9.3. For any request, Cirrottola Srl invites, in any case, the Customer to contact the Customer Service, which can be contacted as follows:
F.lli Cirrottola s.r.l.
with headquarters in Viale Martiri, 139 70022 Altamura (BA) - Italy Tel: +39 0803105487
E-Mail:
10 - Joint Conciliation
According to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer can avail of the Joint Conciliation procedure. The Procedure can be started if the consumer, after having submitted a complaint to the company, within 45 days, has not received a response or has received a response that he does not consider satisfactory. The customer who decides to use the Joint Conciliation procedure is obliged to send the request to the address:
11 - Entirety and modification of the General Conditions of Sale
11.1 These General Conditions of Sale are made up of all the clauses that compose them.
11.2 If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to the law or following a decision by a body having jurisdiction, the other provisions will continue to have full force and effect. It is understood that Cirrottola s.r.l. and the Customer will undertake to negotiate in good faith the integration of the gap or the replacement of the null and/or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and to safeguard the economic substance of the contract.
11.3 In the event of any modification to these GTC, Cirrottola s.r.l. will promptly publish the modified GTC on the Site. The modified GTC will become an integral part of the new Contracts, starting from the first Order sent by the Customers, following their publication on the Site. In the case of Orders already sent before such communication, the previous version of the GTC will apply.
12 - Law and competent court
12.1 All contractual relationships between the parties and these general terms and conditions are governed by Italian law.
12.2 For any and all disputes that may arise in relation to the application, interpretation and execution of these general terms and conditions of sale, the court of the place of residence or elected domicile of the customer will be competent if the latter is a consumer. In all other cases, the jurisdiction will be of the Court of Bari.
12.3 Furthermore, any disputes may be managed through the new O.d.r. (Online Dispute Resolution) platform, an online mediation platform for consumer protection, created by the European Commission. The new mediation system can be reached via the website https://webgate.ec.europa.eu/odr