General Conditions of Sale
These general conditions of sale (hereinafter only "Terms") govern the sale of products marketed by Babington's Srl All contracts for the purchase of products through the site www.babingtons.net concluded in accordance with procedures set forth therein, between the seller and the customer will be governed by these Terms.
B - Acceptance of the terms and conditions
1 The contract is perfected at the time of payment of the price of the property offered as consideration.
2 The Babington's Srl reserves the right at its sole discretion, to accept the order. By placing an order the customer declares to have read all the information provided during the purchase process and accept the terms and conditions and payment arrangements transcribed below.
3 If the customer is a consumer (ie a person who buys goods for purposes not related to his profession), once the online purchase process, will print or save an electronic copy, however, store , these general conditions, in compliance with the requirements of Art. 3 and 4 of Legislative Decree no. N. 185/1999 on distance selling.
4 of the customer is not entitled to damages or compensation, and any contract or tort liability for any direct or indirect personal and / or property, caused by the rejection, even partial, of an order.
5 All prices listed on website are retail prices inclusive of VAT Babington's Srl reserves the right to change prices at any time, without notice.
C - Product Selection
1 The customer can only purchase products in the electronic catalog of Babington's Srl at the time the order and viewable at the address (URL) www.babingtons.net as described in the relevant information sheets.
2 The customizations are examined and accepted by the customer before ordering. It is understood that the picture accompanying the description of a product can not be fully representative of its characteristics, but differ in color, size, and accessories in the picture.
D - Purchase and payment
1 Immediately after choosing a product, the customer will receive a first e-mail automatically to the email address supplied in order to verify the order sent to Babington's Srl.
2 Then, within a week, Babington's Srl send an e-mail concerning the acceptance of the proposal made by the customer, which contain date of order processing and 'Customer Order Number', for use in any further communication with Babington's Srl
The message will include all data entered by the customer who agrees to verify the correctness and communicate any corrections, as described in this document. The message also contains notification of the amount payable for the conclusion of the contract pursuant to art. B1; amount that will be shown inclusive of VAT and shipping fees (according to the method of delivery chosen by the customer).
3 The mode of payment is exclusive and by CREDIT CARD BANK TRANSFER.
a. CREDIT CARD. Together with the completion of the online transaction, Banca Sella SpA will transfer the amount indicated in Babington's. In no time of the purchase Babington's Srl is able to know information about the relationship with Banca Sella SpA No archive of Babington's Srl contains, or maintain, the data provided by the customer to Banca Sella SpA, as they are typed directly on the site Banca Sella SpA handling the transaction. In no event Babington's Srl can be held responsible for any fraudulent or illegal use of such information, upon payment for products purchased on www.babingtons.net.
b. BANK TRANSFER. The transfer of the amount specified in the message that Babington's will send order confirmation will be made on the following banking details:
headed to Babington's Srl
4 In the event of cancellation by both the customer and in case of non acceptance of it by Babington's Srl, the very same time will require the cancellation of the transaction and release the amount involved.
5 In the case of non-acceptance, Babington's Srl is committed to prompt notice to the customer, in the same way.
6 The amount payable to conclude the contract, stated in art. D2, will remain stationary for 7 days.
7 On certain products, subject to price promotions, Babington's Srl reserves the right to accept orders by reducing the amount, upon notice and acceptance by the customer, failing which the order shall be deemed canceled.
8 The Babington's Srl reserves the right to ask the customer information (eg. landline phone number, address). In the absence of the required documentation Babington's Srl reserves the right to refuse the order.
E. Details and costs of delivery
1 For every order placed on www.babingtons.net, Babington's Srl will issue an invoice sent. For the issuance of the invoice, refer to the data provided by the Customer.
2 The costs of shipment and delivery shall be borne by the customer and are shown explicitly at the time of order placement.
3 No responsibility can be attributed to Babington's Srl in case of delay in the order or delivery of goods ordered.
4 At the time of delivery of goods by the carrier, the customer must check:
- The number of packages delivered corresponds to what is stated in the invoice;
- The packaging is not damaged or wet or otherwise altered, even in the closing materials (adhesive tape or metal).
Any damage or the mismatch in the number of packages or particulars, must be immediately reported to the carrier making the delivery, by adding the word "withdrawal conditional" on the appropriate document and confirmed within two days by fax or registered mail,
the firm that performed the carriage.
While the packaging is intact, the goods must be checked within two days of receipt. Any hidden defects must be reported in writing by fax or registered mail Each alert over these terms will not be taken into account. For each statement, the customer assumes full responsibility for the statements. Once signed the slip, the customer can not make any objection about the appearance of the goods.
F - Right of withdrawal
Under Article 1. 5 of Legislative Decree no. 185/99 on the protection of consumers in respect of distance contracts, the customer has the right to cancel the purchase of goods / services received within 10 working days from delivery of the goods for any reason, without explanation and without penalty, except as described in Section 3.
2 To exercise this right, the customer must send to Babington's Srl a notice to that effect within 10 working days from the date of receipt of goods. Such notice shall be sent by registered letter with acknowledgment of receipt addressed to Babington's Srl, Piazza Di Spagna, n. 23, 00187, Rome (Italy) or by telegram or fax sent within the said period of 10 days and followed by a confirmation letter with acknowledgment of receipt, sent absolutely within the next 48 hours. At this point, if the right of withdrawal has been exercised in accordance with these instructions, Babington's Srl will refund, within a maximum period of 30 days from receipt of its communication, the sum paid for the purchase of goods, excluding shipping charges, provided they fulfill the conditions referred to in art. 4.
3 The consumer must return the property or make them available to the supplier or someone designated by him. The deadline for returning the goods can not be less than ten working days from the date of receipt.
4 The right of withdrawal is submitted to the following conditions:
- The law applies to product purchased in its entirety, it can be exercised only on the withdrawal of the product purchased;
- The right does not apply to products sealed once opened;
- The products must be returned intact and in original packaging, complete in all its parts (including packaging and any documentation or accessory equipment), to limit damage to the original package we recommend, whenever possible, to put it in another box, on which affix the label provided by Babington's Srl should be avoided in all cases the attachment of labels or tape directly on the packaging of the product;
- By law, the shipping costs for return of the asset are charged to the customer;
- The shipment, until the certificate of receipt in our warehouse is under the complete responsibility of the customer;
- If the goods are damaged during transport, Babington's Srl will inform the customer (within 5 working days of receipt of goods in their stores), to enable a timely complaint against the carrier of his choice and to obtain reimbursement of the value of the property (if insured), in this case the product will be made available to the customer for his return, while canceling the request for withdrawal;
- Babington's Srl not respond in any way for damage or theft / loss of goods returned by uninsured shipments;
- On his arrival in stock, the product will be inspected for any damages not caused by transport. If the package and / or the original packaging are damaged, Babington's Srl will deduct from the refund due to a percentage, but no more than 10% of it, towards the cost of recovery.
5 Without prejudice to any repair costs for damage to the original, Babington's Srl will reimburse the customer the full amount paid within 14 days of return of goods, by transfer of the amount charged to the Credit Card by Bank Transfer. In the latter case, the Buyer shall promptly provide to the bank on which to obtain reimbursement.
6 The right of withdrawal is lost, for lack of the essential integrity of the property (the packaging and / or its contents), when Babington's Srl finds:
- The lack of the outer and / or internal packaging;
- The absence of product components (eg accessories);
- The loss of the product for reasons other than transportation.
In case of forfeiture of the right of withdrawal, Babington's Srl will return to sender the property purchased by charging the same shipping costs.
G - Warranties
1 All products sold by Babington's Srl, with the exception of those food items are covered by warranty for defects, according to the DL 24/2002. To use the warranty, the customer must keep the invoice (or DDT) that will receive the same shipment.
2 The period of 24 months under the DL 24/2002 applies to products that present a lack of conformity, provided the product is used correctly, in accordance with its intended use and as provided in the technical documentation. This warranty is for private consumption (a person who buys goods for purposes not related to his professional activity, or making a purchase without indicating in the order form matches a reference to tax).
3 If, for any reason, is unable to make its customers a product warranty (repaired or replaced), Babington's Srl will proceed at its own discretion to refund the entire amount paid or to replace it with a product of equal or superior characteristics.
4 Where the application of safeguards providing for the replacement of the product, the product must be returned to the customer in its original packaging, complete in all its parts (including the packaging and any documentation and accessories) to limit damage to the original package, we recommend, whenever possible, to put in a second box should be avoided in all cases the attachment of labels or tape directly on the original product packaging.
H - Complaints
Any complaint must be addressed to Babington's Srl, Piazza Di Spagna, n. 23, 00187, Rome (Italy).
I - Jurisdiction and Applicable Law
The contract of sale between the customer and Babington's Srl is concluded in Italy and governed by Italian law. For the solution of civil disputes arising from the conclusion of this contract of sale at a distance, if the customer is a consumer, the local jurisdiction is that of the reference hole of his town of residence in all other cases and in cases where the consumer is not in Italy the local jurisdiction is the only forum in Rome.