SALES TERMS AND CONDITIONS
The General Terms and Conditions of Sale described below regulate online purchases made on the website www.babylodge.it (Site), owned by Albertazzi Marta VAT number IT03769260369 (Seller), with registered office in Modena (Italy), via Buozzi 13A (REA no. MO-416162).
The Seller reserves the right to modify these General Conditions of Sale at any time: any new rules will be effective from the moment of their publication on the Site.
For further information, you can contact the Seller at the e-mail address firstname.lastname@example.org.
1. Scope and commercial policy
1.1. The offer of the products on www.babylodge.it is aimed at both Consumer users – as defined according to Legislative Decree 206/2005 (Consumer Code), meaning individuals who access the Site for purposes not related to any eventual commercial, craft, entrepreneurial or professional activity – and to users who are not Consumers within the meaning of the above definition. In the following, the above users will be referred to as Clients.
1.2 The Seller reserves the right not to process orders for which there is a report, or suspicion, of fraudulent or illegal activities. In such cases, the Purchase Order (also only Order) placed by the Customer must be considered invalid. The Seller will proceed with the cancellation of the Order and will notify the Customer of the failed conclusion of the Purchase Agreement. Any payments already made will be refunded.
1.3 The Seller reserves the right to verify and evaluate the correctness and good faith of the Customer, especially when promotions or discount coupons are involved. Should the Customer’s behavior prove to be unlawful or incorrect, the Seller will have full authority to proceed with the cancellation of the Order, notifying the Customer.
1.4 In the event of an IT, manual, technical error, or any other kind of error that could result in a substantial change – not foreseen by the Seller – of the public sale price making it exorbitant or clearly negligible, the Order will be considered invalid and will be canceled by the Seller. Any amount eventually paid by the Customer will be refunded.
2. Conclusion of Purchase Agreement
2.1 To conclude the Purchase Agreement (also only Agreement) of one or more products on the Site, the Customer must fill in the relative electronic form (Order Form), taking care to correctly enter all the data requested, and send the Order electronically to the Seller, following the instructions on the Site.
2.2 In any case, the Customer takes responsibility for the truthfulness and correctness of the personal data entered and released to the Seller when sending the Order. It is understood that any damage/delay/inconvenience referable and/or attributable to the incorrectness and/or untruthfulness of the data entered in the Order Form and/or subsequently modified, cannot under any circumstances be charged to the Seller.
2.3 The Order Form includes a reference to these General Sales Terms and Conditions and a summary of the main information relating to each product included in the Order. In particular, the price, the applicable taxes and/or duties, the shipping methods and costs, the available means of payment are detailed. In case of shipment to a non-EU country (ex. Switzerland, United Kingdom, United States, Canada, etc.), the sale of the products will be configured as a “VAT exempt transaction” (art. 8 of Presidential Decree 633/72) and, therefore, no tax rate will be applied. In cases of extra-EU exports, a supplement is required for the management of customs procedures, which varies according to the country of destination and includes all the obligations for customs clearance. This supplement never includes any eventual duties to be paid by the recipient.
2.4 Before submitting the Order, the Customer is obliged to read these General Sales Terms and Conditions carefully. In particular, before completing the online purchase procedure and payment, the Customer will be invited to read and accept these General Sales Terms and Conditions, as well as to print or save an electronic copy and, in any case, to keep these Conditions of Sales in the compliance with the provisions of Legislative Decree n. 206/2005 (Consumer Code).
2.6 The Purchase Order will be filed in the Seller’s database for the time necessary to fulfill the Order and, in any case, in accordance with the law.
2.7 The Purchase Agreement is to be considered concluded when, following verification by the Customer of the data relating to the order, the Seller receives the corresponding Order electronically and a guarantee of payment which, in the case of payment by bank transfer, is represented by the proof of credit (see “Payments” section). The successful payment, with the distinctions mentioned above, determines the closure of the Purchase Agreement and the start of the order processing process.
2.8 Once the Agreement is concluded, the Seller will take over the corresponding Purchase Order.
2.9 Due to the artisanal nature of the products on sale on the Site, the Seller does not always guarantee immediate availability of the items. The manufacturing and shipping times of the products are on average around 10 working days. Should these times extend beyond the aforementioned period, the Seller will notify it to the Customer.
Except as agreed below (see section “Right of withdrawal and return”), the sending of the Order by the Customer also constitutes acceptance of a possible partial delivery, limited to the products available within those ordered, as well as a waiver to request compensation and/or indemnity for this purpose. If the Customer has already fully paid for the Order, the Seller will refund the amount corresponding to the missing products as soon as possible and in any case within 30 days.
2.10 VAT and taxes will be calculated and applied considering the shipping address entered by the Customer in the Order Form. Therefore, Purchase Orders that require shipment of products to non-EU countries (such as the United Kingdom, Switzerland, the United States and Canada) are treated as exports and, therefore, are not subject to VAT. The list of countries that can be selected in the Order Form is valid as a reference.
3. Communications to the Customer
3.1 Once the Order has been received, the Seller will send to the e-mail address provided the Customer, a summary of the information entered in the completed Order Form. This communication will constitute Order Confirmation (i.e. confirmation of the conclusion of the Purchase Agreement) in the event of payment occurred at the same time as the Order and, therefore, by credit or debit card. If the Customer has chosen to pay by bank transfer, the Order Confirmation communication will be sent only after the relative amount has been credited to the Seller’s banking systems (see “Payments” section). In such a case, the Customer will first receive a Pending Order e-mail containing the details to proceed with the transfer.
3.2 At the same time as the Order Confirmation, the Seller will send the Customer, to the e-mail address provided, the receipt related to the Purchase Order.
3.3 When the products will be ready for shipment, the Seller will send the Customer, to the e-mail address or telephone number provided, a notification containing the information and details on the shipment itself. If the Customer opted for “On site pick-up”, the Seller will get in touch with the Customer to define times, methods and address for collection.
3.4 Within approximately 10 days of shipment, the Customer may receive a review request from Customer Reviews Ltd., the external and independent evaluation service to which the Site entrusts the management of reviews. By signing the Purchase Agreement, the Customer therefore agrees to receive this request in the name of the Seller from the aforementioned service.
4. Cancellation and/or modification of the Purchase Order
4.1 Without prejudice to the provisions regarding withdrawal (see section “Termination of the Purchase Agreement, Right of withdrawal and return”), once the Purchase Order has been submitted, the Customer cannot request its cancellation.
4.2 It is possible to ask for modification by writing to email@example.com. The Seller reserves the right to evaluate the request, the acceptance of which remains in any case subject to its faculty. In any case, no Order can be modified after shipment confirmation.
5.1 For all products purchased by users who are Consumers, the Seller ensures the two-year warranty foreseen for by articles 128 et seq. of the “Consumer Code”.
For all products purchased by users who are not consumers, the Seller ensures the one-year warranty foreseen by articles 1490 et seq. of the Civil Code.
5.2 It should be emphasized that the products offered on the Site are handcrafted creations manufactured on a small scale, made upon request and indication of the Seller, by expert carpenters and mattress makers. The essential characteristics of the products (such as, for example, dimensions, materials, weight, other technical specifications) are indicated on the Site in the related product sheets. The Site also provides clear and complete information about the artisanal manufacturing process: due to this and the raw materials employed, the products may differ slightly from each other and from the video or photographic representations on the Site. In any case, any differences (such as, for example, the wood grains, the marking of the serial numbers, the fire stamp and other details) do not concern substantial and functional aspects of the products, which remain preserved.
The Seller reserves the right to make small improvements/modifications to the products which may therefore be different from those shown in the images. Again, all substantial and functional aspects will be preserved.
The images and colors of the products may differ from the real ones due to the settings of the systems and/or tools used for their display (for example: browser, device, other).
It is therefore understood that, for the above points, the Customer cannot make any objection against the Seller.
5.3 Upon delivery of the Order by the appointed Courier, the Customer is required to check that the number of packages being delivered corresponds to what is indicated in the Transport Document and that the packaging is intact, not damaged, wet or otherwise altered, including in sealing materials (adhesive tape or strapping). Upon receipt of the products, the Customer must:
- Make sure that the packaging is intact and, if not, the Customer must NOT collect the products, leaving them with the Courier. If this occurs, the Customer is required to promptly notify the Seller so that the Seller can proceed with the return of the purchased goods quickly;
- Sign the goods receipt document presented by the Courier by always inserting the wording “ACCEPTED WITH RESERVE”, even if the Courier does not provide for this possibility. It is good practice to indicate the reason for conditional acceptance (for example, crushed package, etc.): in this way it will be easier and faster to obtain any refunds for damages attributable to transport;
- If the products received are damaged or incomplete/inaccurate, the Customer is invited to take photographs of the package, both inside and outside, so that, in the event of a refund request, the Seller can check the pictures and verify the issue.
Once the Courier’s document has been signed, the Customer will not be able to make any objection regarding the external characteristics of what has been delivered and the risk of loss or damage of the products will in all respects be transferred to the Customer.
5.4 The products on sale on the Site are handcrafted and carefully inspected one by one before shipping. Their eventual defects are immediately evident and therefore the need for an intervention under warranty is remote.
In any case, to request intervention under warranty, the Customer must send a request to the e-mail address firstname.lastname@example.org indicating the Order number, the reason for the complaint and attaching photographs to support the request. Once the legitimacy of the complaint has been verified, the Seller will notify to the Customer the procedures for the repair or replacement of the product under warranty.
5.5 Again by virtue of the craftsmanship of the products and the intrinsic characteristics of the raw materials employed, elements of an aesthetic nature such as, for example, more or less accentuated wood grain, knots, small variations due to the living nature of the wood, cannot constitute a request for intervention under warranty. Any damage caused by accidents, by the user’s responsibility or by improper use or maintenance of the product, including storage in unsuitable places, exposed to bad weather, dirt or contaminants, are also excluded from the scope of the warranty.
6.1 The Seller only accepts payments in Euros.
6.2 For the payment of the products and the related shipping costs, the Customer may use one of the methods indicated on the Site.
- online, through credit or debit cart;
- through bank transfer.
In case of payment by credit or debit card, the user will complete the transaction in encrypted format and according to the requirements of the security standards defined by international circuits to protect online transactions. The Site will not keep credit card details.
In case of payment by bank transfer, the bank details will be communicated by the Seller via the e-mail sent to the user following the transmission of the Purchase Order. The reason for the bank transfer must contain the Order number specified in the above e-mail. The bank transfer must be completed by the Customer within 5 days from Order submission, otherwise the Order will be canceled.
7. Shipping and delivery of products
7.1 When the Customer opts for the “Shipping” delivery method through the appropriate field in the Order Form, the Seller sets up its own Shipping service, which makes use of specialized couriers. Delivery by Courier is always intended to be at street level.
Manufacturing and shipping times are on average around 10 working days from the conclusion of the Purchase Agreement. However, it is possible that, due to the artisanal nature of the manufacturing, these times may be extended: for this reason, the Seller reserves the right to deliver the products within a maximum period of 30 days from the conclusion of the Purchase Contract. In some periods, typically during holidays and vacation, the Site will notify any postponements of the times mentioned above.
7.2 The Seller undertakes to do everything necessary to respect the delivery times indicated above, but can in no case be considered responsible for any damage or inconvenience that any delay could cause to the Customer.
7.3 The Seller ships to Italy, to a selection belonging to the European Union, and to the following non-EU countries: United Kingdom, Switzerland, United States and Canada. The list of countries that can be selected in the Order Form is valid as a reference. Orders shipped to non-EU countries are VAT exempt and are subject to an additional fee for the management of customs procedures (see § 2.3 of this document).
7.4 The cost for shipping an order varies according to the type and number of goods purchased and the country of destination, is explained to the Customer during the online purchase procedure and summarized in all e-mail communications.
7.5 The Customer is required to always check the number and integrity of the packages. In the event of anomalies or damage, the complaint must be made immediately to the Courier, refusing the delivery and promptly notifying the Seller of the incident (see “Warranty” section).
7.6 In the event of non-delivery due to the recipient’s absence at the specified address, the Courier will leave a notice to certify the delivery attempt. After 30 days from the date on which the product was sent back without being collected, the Purchase Agreement will be considered terminated and the Order cancelled. After checking the conditions of the product, the amount paid by the user will be reimbursed. The seller will retain from the refunded amount the cost of unsuccessful delivery, return and storage costs. The termination of the Agreement and the refund amount will be communicated by the Seller via e-mail. In the event that, before the 30 days have elapsed, the user requests to receive the purchased products again, the Seller will proceed with the new shipment after charging, in addition to the costs of the same, the costs of returning the product and the costs of custody.
7.7 Among the delivery options there is also the “On site pick-up”. By opting for this choice in the Order Form, the Customer becomes the sole responsible for the delivery of the purchased products, without prejudice to the Seller’s obligation to inform the Customer about the times, methods and place of collection once the order is ready. In no way the Seller can be held responsible for the non-collection by the Customer if the latter does not show up.
8. Right of withdrawal and return
8.1 Consumers who are not satisfied with their purchase may terminate the Contract within 14 days of receipt or collection of the goods, without penalty and without the obligation to specify the reason. The Customer will have to return the product to the Seller, provided that the product is intact, with the original packaging and in a condition that allows the Seller to resell the products. Any transport costs for returning the goods are under the Costumer’s responsibility.
8.2 The request for termination of the Agreement, that is the declaration of the Consumer to claim the right of withdrawal, must be notified to the Seller by registered mail with return receipt to the Seller’s registered office and anticipated by an e-mail communication to email@example.com. For the statutory term of 14 days, the date on which the registered letter was sent will prevail. Once the withdrawal claim has been received, the Seller will provide the Customer with the instructions for returning the goods by a dedicated e-mail.
8.3 The returned package must necessarily contain a printed copy of the Order summary communication. Parcels on delivery or carriage forward will not be accepted by the Seller under any circumstances.
8.4 In the event that, according to the Seller’s opinion, the product’s conditions do not allow it to be resold, the Seller will return the product to the Customer and charge him for the costs incurred for the return of the product.
8.5 The right of withdrawal is understood to be exercised correctly if the following conditions are fully respected:
- the e-mail claiming the request of withdrawal contains the Order number;
- the products relating to the claimed Order are sent to the Seller in a single shipment; the Seller, in fact, reserves the right not to accept products from the same Order, returned and shipped at different times.
8.6 In the event of withdrawal, the Seller will refund the Consumer the paid amount through the same payment method used for the purchase, within 15 days starting from the day following the return of the goods. It is understood that the refund will be made for the amount actually collected, net of any expenses and commissions (e.g. payment commissions).
8.7 Customers who purchase with a VAT number cannot claim the right of withdrawal.
9. Gift List
9.1 The “Gift List” service, described in a specific section of the Site, is dedicated to those who, on a particular celebrating occasion (typically birth, baptism, birthday or Christmas), wish to purchase the products on sale on the Site by creating a Gift List shared with relatives, friends and acquaintances. The Seller will ask to the Customer who wishes to buy this service (also defined as “List Owner”) to sign a dedicated agreement, which modifies and overrides some of the conditions described in paragraphs 2, 3, 4, 6 and 8 of these General Sales Terms and Conditions.
9.2 In general, the “Gift List” service includes the following activities: 1) definition of the products that make up the List, split of the total amount into participation shares, time and indicative date of shipment of the products; 2) creation of a personal web page on the Site, accessible via password; 3) management of participation requests and related payments, accepted only by bank transfer; 4) ongoing update to the List Owner on which shares have been purchased and by whom, and how many shares remain to be purchased; 5) should, at the end of the List, some unpurchased shares remain, the List Owner undertakes to pay the related balance; 6) conclusion of the Purchase Agreement as described in § 2 of these Sales Terms and Conditions, with the exception of some clauses, as described in the following point.
9.3 Products purchased through the Gift List service can be paid only through bank transfer. At the end of the Purchase procedure, if successful, the Seller will issue the relative purchase receipt to the List Owner, and therefore to the Customer.
10. Applicable Law and Competent Court
Agreements submitted by users on the Site are regulated by Italian law. In particular, if users are Consumers, provisions of the Consumer Code apply.
The Court of Modena is competent for any dispute relating to the application, execution, interpretation of these General Sales Terms and Conditions.
Last update: May 17th, 2023.