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On-line Contract
A- Introduction
The present general conditions of sale (hereinafter "general conditions") regulate the sale of products marketed by Babington’s S.r.l. All contracts of purchase stipulated between vendor and customer for products available on the website www.babingtons.net shall be regulated by the present general conditions and the procedures established therein..
B - Acceptance of general conditions of sale
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The contract is finalised on payment of the price set for the product on sale. |
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Babington’s S.r.l. reserves the right whether to accept the order, and its decision is final. By submitting an order, the customer is deemed to have read the instructions provided during purchasing procedures and to have accepted all the following general conditions and terms of payment. |
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If the customer is a final user (i.e. a natural person that has purchased the product for non-business purposes), once the on-line purchasing procedure is over, he or she will be expected to print or save an electronic copy of the present general conditions, in accordance with the article 3 and 4 of Legislative Decree no. 185/1999 on distance sales. |
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Any rights of the customer to compensation or indemnity, or any contractual or non-contractual liabilities for any direct or indirect damage to persons and/or things caused by non-acceptance, in whole or in part, of an order are excluded. |
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All prices quoted on the site are inclusive of VAT. Babington’s S.r.l. reserves the right to change prices at any time, without notice. |
C - Choice of product
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Customers may only purchase products found in Babington’s electronic catalogue, which can be viewed on the www.babingtons.net website, at the moment of submitting their order, as described below. |
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Personalised products must be viewed and accepted by customers before ordering. The picture accompanying the description of the product may not comply exactly with all the characteristics; it may differ in terms of colour, size, and accessories shown in the picture. |
D - Purchasing and payment procedures
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Immediately after choosing a product, customers will receive an automatic e-mail at the e-mail address they provided, to confirm that the order has been received by Babington’s S.r.l. |
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Subsequently, within a week, Babington’s S.r.l. will send the customer an e-mail accepting the order, together with processing date and ‘Customer Order Number’, to be used for any further communication with Babington’s S.r.l. The email will include all the data communicated by the customer, who is to make sure the information is correct, communicating any corrections immediately, in accordance with procedures described in this document.
The email also specifies the sum to be paid to finalise the contract, in accordance with paragraph B1; the amount is inclusive of VAT and haulage (in accordance with delivery procedures chosen by the customer). |
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Only CREDIT CARD payments. |
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CREDIT CARD. At the end of the on-line transaction, Banca Sella SpA will transfer the specified amount to Babington’s. At no time during the purchasing procedure will Babington’s S.r.l. come into possession of any information regarding relations with Banca Sella SpA. Babington’s S.r.l. has no computer files on, nor keeps any data customers may have supplied to Banca Sella SpA, since this is inputted directly onto the Banca Sella SpA site handling the transaction. In no event, therefore, can Babington’s S.r.l. be held responsible for any fraudulent or illegal use of such information after payment of products purchased on www.babingtons.net. |
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Should the order be annulled, either by the customer or because it is not accepted by Babington’s S.r.l., the latter will ask for the transaction to be annulled and the sum of money to be paid back. |
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Should Babington’s S.r.l. not accept the order, the customer will be promptly informed, through the same procedures. |
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The amount to be payed to finalise the contract, as indicated in the above paragraph D2, will be held for seven days. |
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Babington’s S.r.l. reserves the right to reduce the number of orders for products under promotion, prior communication to, and acceptance by the customer, otherwise the order will be deemed null and void. |
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Babington’s S.r.l. reserves the right to ask the customer for further information (e.g. fixed telephone number, address). Should the requested documentation not be forthcoming Babington’s S.r.l. reserves the right to refuse the order. |
E - Delivery procedures and expenses
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Babington’s S.r.l. will issue an invoice for all shipments of orders made on www.babingtons.net. Invoices will be issued in accordance with the information provided by the customer on submitting the order. |
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Haulage and delivery charges are payable by the client, as is clearly and precisely stated in the ordering procedures. |
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Babington’s S.r.l. may not be held responsible in any way for any delays in dispatching the order or consignment of ordered goods. |
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On consignment of the goods by the courier, the customer is required to check: |
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That the number of items being consigned is the same as specified in the invoice; |
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That the package is intact, not damaged, wet or in any way altered; this includes sealing material (adhesive tape or metallic bands). |
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The courier responsible for delivering the consignment must be immediately notified of any damage or difference in the number of items or description, and the words “ritiro con riserva” (accepted with reservations) should be written on the accompanying documentation and confirmed, within two days, by fax or registered delivery, return receipt required, to the delivery company.
Even when the packaging is intact, the goods must be verified within two days of receipt.
Any hidden anomalies must be reported in writing by fax or registered delivery, return receipt required.
Any complaints made after the above-mentioned deadline will not be taken into consideration. Customers will be held fully responsible for any declarations they make.
Once the delivery documentation has been signed, customers may no longer dispute the external characteristics of consigned goods. |
F - Right of withdrawal
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In accordance with article 5 of Legislative Decree 185/99, concerning consumer protection in distance contracts, customers may, for any reason, request the right of withdrawal within 10 working days of the consignment of the goods, having no need to provide explanations or without being penalised in any way, except in the cases provided for in paragraph 3 below. |
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To exercise this right, the client must communicate their intention to Babington’s S.r.l. within 10 working days of the date of receipt. This communication must be sent by registered delivery, return receipt required, to Babington’s S.r.l., P.zza di Spagna, n. 23, 00187, Rome (Italy), or by telegram or fax sent within the above-mentioned 10-day deadline, and followed by a confirmation letter sent by registered delivery, return receipt required, strictly within the next 48 hours. If the right of withdrawal is exercised in accordance with the present directions, Babington’s S.r.l. will reimburse, no later than 30 days after receiving the application, the sum paid for the purchase of the goods, net of delivery expenses, provided that the conditions specified in paragraph 4 below have been respected. |
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The user is to return the goods or place them at the disposal of the supplier or a person designated by the supplier. The goods cannot in any event be returned fewer than 10 working days from the date of receipt. |
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The right of withdrawal is in any event subject to the following conditions: |
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The right is applicable to the entire purchase; it is not possible to exercise the right of withdrawal for only a part of the purchased good; |
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The right does not apply to sealed products that have been opened; |
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Purchased products must be intact and returned in the original package, entire in all its parts (including packaging and any documentation or accessories); to avoid damage to the original package we recommend, when possible, that it be placed in another package on which the Babington’s S.r.l. label has been attached; in any event, the placing of labels or adhesive tape directly on the original package must be avoided; |
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In accordance with the law, consignment of returned goods is at the expense of the customer; |
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The customer is entirely responsible for consignment until the goods arrive at our warehouse; |
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Should the products be damaged during haulage, customers will be notified by Babington’s S.r.l. (within five working days of goods being delivered to its warehouses), so that customers may immediately report the damage to the haulage company in question and receive compensation (if insured); in this event, the goods will be placed at the disposal of the customer for return and the withdrawal application annulled; |
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Babington’s S.r.l. is in no way liable for damage, theft/loss of returned goods that are not insured; |
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On arrival at the warehouse, the goods will be examined to assess if any damage or tampering is not due to transportation. Should the original package and/or packaging be damaged, Babington’s S.r.l. will retain an amount not exceeding 10% percent of the reimbursement to pay for repairs. |
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Apart form any expenses for the renewal of original packaging that has been damaged, Babington’s S.r.l. will reimburse the customer the entire sum disbursed within 14 days of the return of the goods, by cancelling the credit card transaction, and bank transfer. In the latter case, it will be the customer's care to provide bank details for the reimbursement. |
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The right of withdrawal is entirely forfeited if the essential condition of product integrity (package and/or content) is not met, such as in cases where Babington’s S.r.l. ascertains that: |
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The original outside package and/or inside packaging is missing; |
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Integral parts of the products are missing (e.g. accessories); |
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Damage to the goods has not been caused by transportation. |
| In cases where the right of withdrawal has been forfeited, Babington’s S.r.l. will return the purchased goods to the sender, who will be responsible for haulage expenses. |
G – Guarantee
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All products sold by Babington’s S.r.l., except for food products, are guaranteed against non-conformity defects, in accordance with Legislative Decree 24/2002. The invoice (or transport document) that came with the consignment must be kept to benefit from assistance under guarantee. |
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The 24-month guarantee, in accordance with Legislative Decree 24/2002, may be used for products with non-conformity defects, provided that the product has been correctly used, in the way it was meant to be used and as envisaged in the attached technical documentation. This guarantee applies to private consumers (natural persons buying goods for non-business purposes or purchasing goods without specifying a VAT number in the order form). |
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In cases where, for any reason, a product under guarantee cannot be returned to the customer (repaired or replaced), Babington’s S.r.l. may, at its discretion, refund the total amount paid or replace the product with one having similar or superior characteristics. |
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In cases where the guarantee provides for product replacement, the goods are to be returned to the customer in the original package, entire in all its parts (including packaging and any documentation or accessories); to avoid damaging the original package, we recommend, whenever possible, that it be placed in another package; in all cases, the placing of labels or adhesive tape on the original package is to be avoided. |
H - Complaints
Any complaints must be addressed to Babington’s S.r.l., P.zza Di Spagna, n. 23, 00187, Rome (Italia).
I - Jurisdiction and governing law
It is understood that sales contracts between customers and Babington’s S.r.l. are stipulated in Italy and regulated by Italian law. Any disputes arising from the stipulation of distance sales contracts will be submitted to the court of justice of the area where the customer, if a consumer, is resident; in all other cases and in cases where the consumer is not in Italy, any dispute shall be submitted to the exclusive jurisdiction of the Court of Rome. |
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