Orders, Payments and Returns
This document lists the general conditions of online sale and payment via the web site corresponding to the domain name www.babylonstyle.com ("Site") owned and operated by Babylon Srl, with registered offices via Cardatori BL. 6, 40050 Funo di Argelato, Bologna - ITALY, VAT Number 00579761206 and Tax ID number 02459360372, registration number 02459360372 at the Bologna Register of Companies./p>
These general conditions (henceforth "General Conditions"), unless explicitly agreed otherwise in writing, govern the relations between Babylon Srl (henceforth "Babylon") and the customer, consumer or professional (henceforth "Customer"). The following conditions are required to make purchases through our site:
• Being over 18 years of age
• Owning a valid personal email address
• Fulfilling the requirements for joining and signing legally binding contracts
• Owning a credit card for certification and payment: American Express, Visa, MasterCard, Paypal, or having a Current Account to order a Bank Transfer. The Site is only addressed to users who are "end consumers", that is, any natural person acting within the Site for purposes unrelated to their commercial, business or professional activities, if any.
Conclusion of the Contract
1. To conclude the purchase of one or more products on the Site it is possible to
(a) register the user, with the resulting acceptance of all sales clauses,
(b) complete the purchase without registration.
In order to make the purchase, the user who decides to register their account (option a) must follow a standard procedure that includes the following three steps:
• Click on the top right of the "My Settings" menu, then on the "Register" link (once the account is created, the site is accessed through the "Login" link);
• Enter first name, last name, country, email address and password in the registration form. The user must be sure to fill in the password confirmation section to verify that the password is correct;
• Clicking on "Register" will complete the user's account registration.
With this personal account, the user will be able to:
• Manage personal account information
• Make purchases
• Track orders and review purchases made in the past
• Save an address for faster purchases
If the user does not want to register on the site (option b), they will still be able to complete the purchase. In this case, only the data needed to finalize the order will be requested and the email address will automatically be included in our newsletter (see article 33 below on the protection of personal data).
Next, fill out the order form on the Site, following the relevant instructions, which will be sent automatically to Customer Care. This form contains a summary of the information about the essential characteristics of each ordered product, the price, taxes and duties, payment, shipping arrangements and costs, conditions for exercising the right of withdrawal and the methods/timeframes for returning purchased products. Before proceeding to the final purchase of the products, the user is required to accept these General Conditions of Sale and use of the site and to check the entered data, with the option to correct it. The user who does not agree with any given article contained in the General Conditions of Use and the General Conditions of Sale is invited not to submit the order form for the purchase of the products on the Site. By completing the online order, the Customer declares having read all the information provided during the purchase procedure and accepts the General Conditions transcribed below.
Having verified the correctness of the payment, the veracity of the identifying and shipping details, as well as the availability of the ordered product, Babylon will consider the order accepted and will confirm by email the acceptance and execution of the order with all the relevant information. The contract between Babylon and the Customer is therefore understood to be concluded with the acceptance of the order by Babylon and, in any case, subject to collection of the payment.
2. Once the online purchase has been completed, the Customer will print or save an electronic copy and will in any case retain these General Conditions, and if the Customer is the consumer, also in accordance with the provisions of Art. 52 and 53 of Italian Legislative Decree 6 September 2005, no. 206 ("Italian Legislative Decree 206/2005").
3. The Customer can only purchase online those products that are in the electronic catalogue published on the Site ("Products") and shown as available at the time of the order, as described in the relevant information sheets that can be viewed there. It is understood that the measurements, weights, dimensions and performance listed in the information sheet are approximate values and that the image accompanying the descriptive card of a Product may not be fully representative of its true characteristics due to the Internet browser, monitor or other reasons not attributable to Babylon, differing in colour, size, components and/or accessories shown in the image.
4. Receipt and acceptance of the order is confirmed by Babylon by email, sent to the email address communicated by the Customer when registering in the reserved area for access to the Site or upon completing the electronic form to submit the order. This confirmation message will include the date and time of receipt of the order and a Customer Order Number, to be used in any further communication with Babylon. Babylon's reply message will contain a summary of the placed order, all the data entered by the Customer, and the General Conditions. The Customer undertakes to verify their correctness and to promptly communicate any corrections with the method described in the message. In any case, it is not possible to request changes to orders that have already been confirmed and/or fulfilled. Additional orders will be processed and shipped separately.
5. The assortment shown on the Site reflects the true and exact availability of each item, by size and colour, since the website is linked to all the warehouses where the items are located and all the availability data is updated in real time. Babylon, upon receipt of the Customer's order, reserves the right to confirm the availability of the purchased items, and to verify the validity of the transaction using the credit card and the details of previous transactions carried out by the Customer on the Site. In case the ordered items were unavailable, or for whatever other reason Babylon could not fulfil the Customer's order, Babylon will immediately send a notification to the Customer by email. In particular, in the case of products that are no longer available, or that were for sale at the time of the last access to the site (i.e. upon sending the order form), but subsequently became unavailable, Babylon will communicate the unavailability of the ordered products promptly and in any case within thirty (30) days from the day after the order was sent. In the case of a contract not concluded for any reason, but which has already generated a payment by the Customer, Babylon will promptly refund the amount already paid by the Customer.
Price and Currency
6. The purchase price of the Products is the one notified to the Customer directly by Babylon through the Site and summarized in its total amount in the shopping cart, inclusive of VAT.
7. The Products purchased online by the Customer will be paid for using the method chosen during the order. The Customer will not owe anything more than the order total shown at the end of the purchase procedure. In case of acceptance of the order of Products to be delivered outside the Italian territory, the amount corresponding to the cost of the ordered Products will be supplemented with the shipping costs, as well as any taxes that may be required by the country of destination of the purchased Products.
8. The official currency of the Site is the Euro. For countries that do not use the Euro, the exchange rate depends on the daily rates applied by the credit card issuer or the form of payment used (i.e. PayPal). Payments and all monetary transactions are made in Euros. The prices and foreign exchange rates with currencies other than the Euro are only indicative, to help the user have a greater perception of the values: product prices may therefore be subject to upgrades and are subject to the applicable taxes. The amount that will be charged to the credit card or Paypal account may vary from the one shown on the order as it is based on exchange rates with daily fluctuations and bank fees. Babylon Srl invites the customers to contact their bank to request detailed exchange rate information and bank fees for their transaction. The user must always check the accuracy of the final sale price before submitting the relevant order form.
9. The payments for Products purchased under these General Conditions may only be made in one of the following ways: credit card, bank transfer, PayPal card (www.paypal.it).
9.1 Credit card
(a) When purchasing Products using the credit card payment method, the relevant bank will authorize the amount of the purchase at the time the online purchase is completed. The amount for the merchandise that has been even partially shipped will actually be charged to the Customer's credit card only when Babylon's appointed courier notifies the actual delivery of the ordered Product. In the absence of a notification from the courier or if the notification is not contemplated for certain types of shipment, and therefore the exact date of delivery of the ordered Product cannot be verified with certainty, Babylon reserves the right to charge the due amount to the Customer's credit card on the shipping date of the ordered Product(s).
(b) In case of withdrawal by the Customer, pursuant to Italian Legislative Decree no. 206/2005, or failure to accept the order by Babylon, the latter will promptly request the cancellation of the transaction and the release of the amount on hold. The release times for some types of cards depend solely on the banking system and may last as long as their natural expiration (currently 24 days from the date of authorization).
(c) Babylon reserves the right to charge the amount of the order placed by the Customer to the latter's credit card, in order to avoid the expiration of the transaction authorization as shown in paragraph (b) above.
(d) Babylon reserves the right to request additional information from the Customer (e.g. landline phone number or ID details) or a copy of documents proving that the Customer is the holder of the credit card used. The Customer acknowledges that if the requested documentation is not provided, the order may be rejected.
(e) At no time during the purchase procedure is Babylon able to know and record the Customer's credit card information transmitted through a secure connection (encrypted protocol) directly to the bank that manages the transaction without passing through the servers and databases of Babylon or other third parties other than the bank. The completion of the electronic transaction for the payment of the due amount takes place through the redirection of the Customer to a page outside the Babylon site, managed directly by the bank chosen to manage the online payment services. At the end of the electronic payment transaction, the Customer will automatically be redirected to the Babylon Site page to take note of the actual conclusion of the transaction. By virtue of the foregoing paragraph, no Babylon computer file will retain this data either at the time of the transaction or later. Therefore, under no circumstances will Babylon be liable for any fraudulent and unlawful use of credit cards by third parties upon payment of Products purchased on the Site. In order to ensure greater protection for online purchases, Babylon Srl recommends that its Customers join the Verified By Visa or Mastercard Securecode services, requesting a PIN code to enable them to make their purchases with absolute safety. For more information please visit: www.cartasi.it
(f) If the Customer pays with a credit card, Babylon cannot be held responsible for the outcome of the transaction, which depends solely on the third-party payment service provider, which will be selected among the main industry operators at the national level.
(g) The Customer acknowledges that submitting the purchase order and paying the due amount takes place through electronic communications networks and services whose proper operation is outside Babylon's control, therefore it cannot be liable for them.
9.2 Bank Transfer
(a) In case of payment of the Products by bank transfer, the Customer order confirmation, sent by email by Babylon as indicated in article 4 above, will include the bank details to be used for the payment. In this case, the Products contained in the Customer order will be reserved pending the crediting of Babylon's current account with the corresponding amounts.
(b) The Customer will in any case be required to send to Babylon, within 24 hours of receiving the order confirmation, a copy of the bank transfer order issued to Babylon including the transaction reference code (CRO) by fax to +39 0422 598719 or by email to firstname.lastname@example.org. If a copy of the bank transfer order is not received within the above-mentioned 24 hour term, Babylon will no longer be required to guarantee the availability of the ordered goods and the shipment of the goods will depend on the actual availability of the goods at the time when the transferred amount is credited.
(c) The Customer's order will be shipped once Babylon has received the actual credit on its current account of the amounts corresponding to the order.
9.3 Payment by PayPal card
(a) If the PayPal card payment method is used, the Customer can pay for the order directly through their verified PayPal account. Babylon advises that only payments made and originating from verified accounts will be accepted and reserves the right to ship the Products ordered by the Customer to the address indicated on the verified PayPal account.
(b) Payments of orders for Products from unverified PayPal accounts will be cancelled and, therefore, will not be processed by Babylon.
Delivery methods and costs - Invoicing
10. The ordered Products will be sent to the address indicated by the Customer at the time of registration in the reserved area for access to the Site or, if different, to the address indicated in the relevant order, preferably within the Italian territory. The Customer acknowledges that a request for delivery of Products outside of the Italian territory may result in the order being rejected by Babylon. The order delivery status will be visible to the Customer by accessing the Site and consulting the reserved area in the appropriate section containing the log of purchases made by the Customer at Babylon.
11. For every order placed on the Site, Babylon will issue an invoice for the shipped Products, sending it to the order issuer by email, pursuant to Art. 14 DPR 445/2000, and inside the Product package, in five copies. For the purpose of issuing and preparing the invoice, the applicable information is that provided by the Customer in the order form and at the time of registration in the reserved area for access to the Site. Once the invoice has been issued, it will not be possible to make any changes to its data.
12. 12. The delivery costs, as stated on the Site and in the order text, are the responsibility of the Customer. Refer to the "Shipping Information" section for any further details.
13. Orders are shipped from Monday to Friday. Orders submitted on Saturdays and Sundays or on any other public holiday or pre-holiday will be processed by Babylon starting from the first business day following the order submission.
14. The ordered Products will be delivered to the Customer with custom "Babylon" packaging to protect the original packaging from the manufacturer, and will be entrusted to a specially appointed courier. The Customer will be notified of which courier will make the delivery in the manner prescribed on the Site. No responsibility can be attributed to Babylon in case of order delivery delays.
15. At any time, the Customer may check the progress and shipment status of his/her order by accessing the reserved Site area or directly at the link of the selected shipper's website, by matching the "Customer Order Number" assigned when the order was confirmed and "Track Change Number" (or a similar tool) assigned to each single shipment.
16. Babylon's contractual service to the Customer is considered fulfilled at the time and place where the Products purchased by the latter are delivered by Babylon to the courier chosen for the delivery. The delivery by the courier of the ordered Product is intended at the Customer's street level, unless otherwise communicated by Customer Service.
17. When the courier delivers the purchased Product, the Customer is required to check: • that the number of packages delivered corresponds to what is indicated in the shipping document sent previously by email • that the packaging is intact, not damaged, neither wet nor otherwise altered, including the closing materials (adhesive tape or metal strips). Any damage to the packaging and/or the Product or any discrepancy in the number of packages or in the directions must be promptly notified by the Customer, marking a WRITTEN CONTROL OBJECTION (SPECIFYING THE REASON FOR THE OBJECTION, e.g. "punctured package", "crushed package", etc.) on the courier's proof of delivery. Once the courier's document is signed without any reason for objection specified in the proof of delivery, the Customer will not be able to make any claims regarding the external characteristics of the delivered goods.
18. If the Product is stored at the courier's warehouses due to it being repeatedly impossible to deliver it to the address indicated by the Customer upon placing the order, and it is not withdrawn within 5 business days, the ordered Product will be returned to Babylon's warehouses.
Customer's right of withdrawal
19. Pursuant to Art. 64 of Italian Legislative Decree no. 206/2005, a Customer with the status of consumer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within the terms and in the manner indicated in the following articles. If the manner and terms for exercising the right of withdrawal are not respected, as specified in this paragraph and in subsequent articles, the Customer will not be entitled to the repayment of the sums already paid to Babylon; the Customer may, however, recover the products at their own expense in the condition in which they were returned to Babylon. Otherwise, Babylon will be able to withhold the products, in addition to the sums already paid for their purchase. After three months from the date on which the items are made available to the Customer for withdrawal, the items will be destroyed or otherwise allocated for disposal without any further communication or request of consent from the Customer.
20. In order to exercise the right of withdrawal referred to in Article 19 above, the Customer must send to Babylon a notification to that effect within 10 working days from the date of receipt of the Products for which the right of withdrawal is being exercised This notification, drawn up in accordance with the legal requirements, must be sent by registered letter with return receipt addressed to Babylon Srl. - Customer Service - Via Cardatori Block 6, Centergross, 40050, Funo di Argelato, Bologna - Fax +39 0422 598719 - email email@example.com, sent in advance by email to firstname.lastname@example.org. or fax to be sent ABSOLUTELY within 24 hours after sending the registered letter and in any case within the above deadline of 10 working days from the date of receipt of the ordered Products.
21. The returned Product must be received by Babylon within 10 days from when the Customer received the authorization notice sent by Babylon. For this purpose, the date of delivery to the post office or to the shipper will apply.
22. The purchased Product must be returned intact, unused, neither washed nor otherwise altered, complete with all its parts, bearing its control card or any disposable seals and in the original packaging (including original packing materials and boxes, and any accessory material, such as, for example, dustbags, hangers and garment covers) as originally sealed by the manufacturer. To limit any damage to the original Product packaging, we recommend placing it inside the box with which the goods were originally shipped, affixing the label provided by Babylon bearing the RMA number (Return Merchandise Authorization); affixing labels or adhesive tape directly to the original product packaging must be absolutely avoided in all cases.
23. The shipping costs related to the return of the Product are borne by the Customer; the costs of delivery to the Customer and any other ancillary expenses and/or taxes and/or customs duties highlighted at the time the order was placed will not be reimbursed. For non-EU countries, the shipment, up to the declaration of receipt at Babylon's warehouse, is under the full and complete responsibility of the Customer.
24. The shipping costs related to the return of the Product are borne by the Customer; the costs of delivery to the Customer and any other ancillary expenses and/or taxes and/or customs duties highlighted at the time the order was placed will not be reimbursed. For non-EU countries, the shipment, up to the declaration of receipt at Babylon's warehouse, is under the full and complete responsibility of the Customer.
25. Aside from the shipping charges, taxes and any customs duties incurred for the delivery of any purchased products and any reinstatement charges deducted as a contribution for the damage to the original packaging, Babylon will refund the amount already paid for the purchase of the Product as soon as possible, and in any event within 30 days of the date of its return to Babylon's warehouses. In the case of a payment made by credit card, by way of a chargeback of the amount debited to the credit card or by bank transfer. In the latter case, the Customer will promptly provide the bank details to which the refund will be directed (ABI - CAB - IBAN codes - Current account number and bank of the invoice recipient). If the recipient of the products indicated on the order form and the person who paid the sums due for their purchase are not the same, in the event that the right of withdrawal is exercised, the refund will always be paid by Babylon to whomever made the payment. In the event that the payment was made by the Customer on delivery using a bank cheque or bank draft, Babylon will refund the amount to the Customer, net of any reinstatement costs, by bank transfer, to the bank details that will be indicated by the Customer within the above terms, regardless of whether or not Babylon has already cashed the bills. The actual time for the chargeback or refund of the sums paid for the purchase of the products depends on the payment methods used: • purchase by credit/debit card: the refund time depends on the credit/debit card, but usually takes place within two account statements • purchase by Bank Transfer: the refund is made to the current account from which the transfer was made • purchase by PayPal: the refund is made to the PayPal account and is immediately visible from the moment Babylon accepts the return. The actual credit card refund to the PayPal account is ultimately dependent on the credit card issuer, although it normally takes 30 days.
26. The Customer ceases to be entitled to exercise the right of withdrawal, due to the absence of the essential condition of Product integrity (packaging and/or content), in cases where Babylon has established: • even a partial use of the Product and any accessories; • the lack of external packaging and/or original packaging; • the absence of integral elements of the Product; • the absence of the control card attached to the Product or other disposable seals; • Product damage for causes other than its transport. In such cases, the Products will remain stored at the Babylon warehouse at the Customer's disposal for collection at their expenses.
27. All Products sold through the Site are covered by the manufacturer's 12 month warranty on conformity defects if the Customer is a professional (and as such has a VAT number) and 24 month warranty if the Customer is a consumer, as set forth in Italian Legislative Decree 206/2005.
28. The manufacturer's warranty is provided within the terms of the law.
29. The warranty applies to a Product that presents a conformity defect, provided that the Product is used correctly, in accordance with its intended use, and as directed in the enclosed documentation. In the event of a conformity defect, Babylon will, without charge to the Customer, reinstate the Product's conformity by repairing/replacing it or reducing the price or terminating the contract. If following Babylon's inspection, the flaw is not found to be a conformity defect, the Customer will be charged any costs of verification and repair, where applicable, as well as the shipping costs if Babylon has incurred any. In case of defective manufacturing or shipping, the shipping costs will be borne by Babylon only if our designated courier is used for this purpose.
30. In the event that Babylon, for whatever reason, is unable to return to a Customer a Product under warranty (reinstated or replaced), it may at its sole discretion refund the amount paid, taking into account the use of the Product or its replacement with a Product with equal or better characteristics.
31. Repair times or the possible replacement of the defective Product are solely dependent on the manufacturer's policies and no damages may be requested from Babylon for any delays in carrying out the repairs or replacements.
32. In cases where applying the warranty provides for the return of the Product, the Customer must return it in the original packaging, complete with all its parts (including packing materials, accessories packaging and any documentation and accessories). In order to limit any damage to the original packaging, Babylon recommends placing it inside the box sent with the initial shipment.
Protection of personal data
33. Under Article 13 of Italian Legislative Decree 196/2003 and subsequent amendments and additions, Babylon, as Data Controller, informs the Customer that the personal data provided by him/her and acquired at the time of (i) registration in the reserved area for access to the Site, (ii) conclusion of a contract for the online purchase of any product through the Site, (iii) navigating the Site through the system logs, will be processed by manual, computer and data transmission means for the following purposes: 1) for Babylon to perform the activities necessary for the conclusion, management and execution of the contracts for the purchase of products through its own Site; 2) for purposes strictly connected and/or necessary to satisfying the requests formulated at any given time by the user through the Site or by email or other means of communication; 3) the execution of the obligations laid down by laws, regulations and Community legislation and by provisions issued by authorities legally authorized by law or by supervisory and control bodies; 4) sending newsletters and promotional material concerning the products offered by Babylon In regards to the above purposes, Babylon informs that the disclosure of the data is mandatory for purposes 1), 2) and 3), and in such cases the consequence of a refusal to provide the data will result in Babylon Srl being unable to fulfil Customer orders or requests. In view of the above, with reference to the processing referred to at item 4), Babylon Srl informs that by (i) registering on the Site, (ii) completing the online order and concluding the purchase contract, (iii) requesting information on the products and services offered by Babylon Srl, whatever the form and means by which this request is sent by the user to the company; (iv) navigating on the Site through the system logs, the Customer expressly gives his/her consent and accepts the simultaneous subscription to the newsletter for receiving promotional material concerning the products and services offered by Babylon Srl, without the latter having to request every time the user's consent to carry out this type of processing. By virtue of the above paragraph, Babylon Srl will be implicitly authorized by the user to send newsletters and promotional material relating to the services and products offered by Babylon Srl without the need for any further and prior request for the user's authorization when the latter (i) registers on the Site, (ii) concludes a purchase agreement with Babylon Srl, (iii) requests information on the products and services offered by Babylon Srl, both in writing and verbally through any means of communication; (iv) navigates through Site through the system logs. The processing of personal data by Babylon takes place with logics that are strictly related to the above purposes and, in any case, in a manner that guarantees the security and confidentiality of the data. In addition, the personal data may be disclosed, for the purposes referred to in points 1), 2) and 3), to persons other than Babylon, and they will treat the data as independent data controllers or data supervisors. In any event, the personal data will not be disseminated. The data will be stored within the EU. Finally, Babylon states that Article 7 of Italian Legislative Decree 196/2003 grants to the Customer that communicates his/her specific personal data specific rights, including the right to obtain from the data controller or the data supervisor, if appointed, confirmation of whether or not the personal data exists and that such data is made available to him/her in an intelligible form, know the origin of the data as well as the logic and the purposes of the processing; obtain the deletion, transformation into anonymous form or blocking of data processed in violation of the law, as well as the updating, correction or, if interested, the supplementation of the data; oppose the processing for legitimate reasons. To become aware of any changes or amendments to the personal data protection policies followed by Babylon Srl, mainly due to regulatory changes, the Customer should constantly consult this document.
34. Any complaint by the Customer must be addressed to: Babylon Srl Customer Care Via Cardatori Blocco 6, Centergross, Funo di Argelato, Bologna Tel +39 051 862395 Fax +39 051 861926 Email email@example.com
35. These General Conditions are governed exclusively by Italian Law. I ACCEPT Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, I declare that I expressly accept the provisions of Articles: 3 (summary description of the Products in the catalogue); 5 (right to not fulfill the order); 8.1, subpar. e, (lack of responsibility for the fraudulent use of Customer credit cards); 8.1, subpar. f (lack of responsibility regarding the successful outcome of the online payment); 8.2, subpar. b (right to cancel order in case of failure to receive a copy of the bank transfer within 48 hours); 8.3, subpar. b (right to cancel the order in case of payments from unverified PayPal accounts); 11 and 22 (delivery/shipping costs and taxes payable by the Customer); 15 (fulfillment of Babylon's obligation upon delivery of the Product to the selected shipper); 16 (Customer's duty to check the delivered Products); 17 (acceptance of the Product without reservations by the Customer, in the absence of challenges); 23 (right to a 10% charge in case of damage to the returned Product); 25 (right to reject the returned product); 32 (privacy) and 34 (applicable law), of these General Conditions.