Terms and Conditions of the Online Sales Agreement

www.babywow.it and any related subdomains

Identification of the Seller

I beni oggetto delle presenti condizioni generali sono posti in vendita da Babywow S.r.l.s., con sede in Roma, Via Giacomo Peroni, 130 – 00131, email: info@babywow.it, iscritta presso la Camera di Commercio di Roma al n. 1592967 del Registro delle Imprese, codice fiscale 15475231005, partita IVA 15475231005 di seguito indicata come “Venditore”.

  1. Definitions

1.1 The expression "online sales Agreement" or "Agreement" refers to the Agreement of purchase and sale relating to the Seller's tangible movable property, concluded between the Seller and the Buyer in the context of a distance selling system by means of telematic tools, organized by the Seller.

1.2 The expression "Buyer" refers to the individual who makes the purchase, referred to in this Agreement, for purposes not related to any commercial or professional activity.

1.3 The expression "Seller" refers to the person as identified above or the person who sells the goods through the website indicated in the following article.

  1. Subject Matter of the Agreement

2.1 Hereby, the Seller sells and the Buyer purchases at a distance, through telematic means, the tangible movable goods presented and offered for sale on the website www.babywow.it and other related subdomains.

2.2. The products referred to in the paragraph above are shown, with specific and detailed indication of their characteristics, in the dedicated section within the website at the address www.babywow.it in the "Products" section. “Prodotti”.

  1. Method of conclusion of the Agreement and acceptance of the general conditions

3.1 The Agreement between the Seller and the Buyer is concluded exclusively via the Internet network in remote telematic mode, by means of the Buyer's access to the web address www.babywow.it and other related subdomains, where, following the procedures set forth therein, the Buyer formalizes the purchase of the goods as referred to in point 2.1 of the previous article. The Buyer understands that, in order to access the website www.babywow.it, it is necessary to have an Internet connection, the costs of which shall be borne by the Buyer under the terms established by its connectivity vendor.

3.2. The Buyer, by confirming an order in the various ways provided, declares that he/she has consciously accepted the contents and conditions of the Order in question and, in particular, these General Terms and Conditions of Sale, prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer, as well as the terms of payment, declaring that he/she has read and accepts all the indications provided by him/her pursuant to the above rules, also noting that the Seller does not consider itself bound by different conditions unless previously agreed in writing.

3.3. The Customer undertakes and is obliged, once the online purchase procedure is completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition set forth in Articles 4, 5, 52 and 53 of Legislative Decree No. 206/2005 ("Consumer Code").

3.4. It is strictly forbidden for the purchaser to enter false, third person or fictitious data in the registration procedure necessary to activate the execution of this Agreement. BabyWow reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.

3.5. For the protection of our Customers, if deemed necessary (it will be notified by email) and only for the first order, BabyWow will carry out a verification on the master data – which, together with further personal data, are processed in the manner indicated in the “Information on the processing of personal data” and in compliance with the privacy legislation referred to in Regulation (EU) 2016/679 – via telephone contact on landline number. The order will be processed only after such verification. Phone verification will not cause delays for orders placed by Bank Transfer payment, in case the respective Credit Institutions have given confirmation of the transaction. Calls will take place Monday through Friday from 9.00AM to 1.00PM and from 3.00PM to 7.00PM. Any on-call times should be communicated via e-mail or by telephone.

3.6. Any right of the Customer to damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or processing, even partial, of an order. As well as for any delay not attributable to BabyWow.

  1. Method of purchase – Order acceptance / Conclusion of the Agreement

4.1. Customers may order only products available in the electronic catalog available on www.babywow.it at the time of the order, as they are described in the relevant information sheets. The technical information included in http://www.babywow.it is provided by the respective manufacturers of the goods. BabyWow, therefore, reserves the right to change the technical information of the products in order to adapt it to those provided by the manifacturers, without the need for any prior notice. It is understood that the technical information (product data sheet and the picture accompanying the descriptive sheet of a product) may not be perfectly representative of the characteristics of the products, thus henceforth exonerating BabyWow from any liability regarding any differences that the customer may find between the data sheet (available on the website) and the product physically received.

4.2. By placing the order, the customer transmits to BabyWow a proposal to purchase the selected product or products. Placing the purchase order implies consent to receive from BabyWow any subsequent communications, aimed exclusively at the conclusion and execution of the sales Agreement. The correct order is confirmed by BabyWow via e-mail response, sent to the e-mail address provided by the Customer. The response is generated automatically by the system and cannot be considered in itself acceptance of the order, but only confirmation of receipt thereof. This confirmation message will contain the Date and Time of placement of the order and an 'Order Reference Number', to be used for any further communication with BabyWow. The message will show all the data entered by the Customer; it is the Customer’s responsibility to verify their correctness and promptly communicate any corrections, in the manner described in this document. If received correctly, the order can be viewed by the Customer on the website of BabyWow in the "Personal Area" section.

4.3. BabyWow reserves the unquestionable right to accept the customer's purchase proposal. The Agreement entered into through the website shall be deemed concluded when the Buyer receives, via e- mail, formal confirmation of the order, with a notice. The Agreement is concluded at the place where the registered office of the Seller is located. In case of non-acceptance of the order, however, BabyWow will promptly notify the Customer by e-mail.

4.4. All prices on the site are intended to be public prices and, therefore, include vat, but do not include shipping costs. BabyWow reserves the right to change the prices at any time, without prior notice.

4.5. Unavailable or incoming products. Through its website www.babywow.it, BabyWow gives the possibility to all users, even those who are not registered, to be informed, via automated email, when a product of their interest returns to stock.

Should the Customer wish to be informed about the re-assortment of a desired product, it will be necessary to provide a valid email address and click on the button “Notify me when a product becomes available again” next to the product listed as unavailable.

4.6. The order is shipped only when all the requested products are available. Therefore, partial shipments are not made.

4.7. The return of products for any reason other than an obvious manufactoring defect, not attributable to either BabyWow or the customer, has a cost of 10.00 €. In case of return, the amount previously spent will be refunded in the form of a "Voucher" that can be spent again on BabyWow.it. In case of a defective product, BabyWow undertakes to replace it at its own expenses. No type of reimbursement other than a Shopping Voucher of the same value is available.

  1. Cancellation/Return and Replacements

5.1. The order can be canceled at the discretion of the Customer after placing it, but in any case no later than the expected time of fulfillment (usually 48 working hours), with the exception of all customized items. Cancellation requests must be be notified via e-mail at the address info@babywow.it or by phone at the number +39 349 7803184. After this deadline, BabyWow reserves the right to accept the cancellation.

5.2. If the Customer chooses to replace the returned products with other products, the difference in price will be calculated. If case the new items are less costly, BabyWow will issue a voucher of equal value of the difference, in case of a higher price, the recipient will need to pay the difference.

5.3. The return/replacement can be made within a maximum of 10 days after purchase.

  1. Payment methods

6.1. Credit Card Payment

In cases of purchase of goods with Credit Card payment, on completion of the online transaction the reference bank will authorize debiting only of the amount for the purchase made. The amount relative only to the goods processed, even partially, will actually be charged to the Customer's credit card only after the shipment of the goods by BabyWow.

Credit cards accepted are all those that lean to the Visa and Mastercard circuits.

In case of order cancellation, either by the Customer or in case of non-acceptance from BabyWow, will result in the request to cancel the transaction and the release the amount committed. The time of release, for some types of cards, depends solely on the banking system and can go up to their natural expiration (typically 24-25 days from the authorization date). Once the cancellation of the transaction has been made, Babywow can under no circumstances be held liable for any damages, direct or indirect, caused by delay releasing the funds held by the banking system.

In case the Customer's order is processed after the expiration date of the authorization, BabyWow will contact the customer before the order is processed to request a new debit authorization or to agree on different payment methods.

BabyWow reserves the right to ask the Customer for additional information (e.g., landline telephone number) or to send copies of documents proving ownership of the Card used. In the absence of the requested documentation, BabyWow reserves the right to decline the order.

For further guarantee and security of the Customer, at no time during the purchase process is BabyWow able to know any information relating to the buyer's credit card, transmitted via secure connection directly to the website of the banking institution handling the transaction. No computer file of BabyWow will retain such data. Under no circumstances, therefore, can BabyWow be held responsible for any fraudulent and improper use of credit cards by third parties when paying for products purchased from BabyWow.

6.2. Prepayment – Bank Transfer

In case of prepayment, and only after checking for the availability of the goods, Babywow will notify the Customer by e-mail with the instructions for completing the payment. The goods ordered by the Customer will be kept committed up to a maximum of 6 working days; failure to receive the payment will result in the cancellation of the order. The order will be shipped only after the actual view of accreditation.

It is necessary for the buyer to specify the order reference number in the reason for payment.

Cancellation of the order, either made by the Customer or in case of non-acceptance of the same by BabyWow, will result in the simultaneous request of the order cancellation and the release of the amount paid. Time of release may vary from 2 to 3 working days. Once order has been refunded, under no circumstances can BabyWow be held liable for any damages, direct or indirect, caused by delays releasing the funds held by the banking system.

6.3. Payment via PayPal

Paypal payment is only available for holders of a Paypal Account; transactions by Credit Card or prepaid cards not associated with any Paypal account will be reimbursed.

In case of payment via PayPal, the Customer will be redirected to the PayPal login page for the conclusion of the order.

The amount related to the order is charged on the PayPal account at the time of order acquisition.

6.4. In case of cancellation of the order, either by the Customer or in case of non-acceptance of the same by BabyWow, it will be required to cancel the transaction and release the committed amount. In no event shall BabyWow be liable for any damages, direct or indirect, caused by delays releasing the funds held by the PayPal system. At no time during the purchase process is BabyWow able to know the Customer's financial information. Since there is no data transmission, there is no possibility of this data being intercepted. No computer file of BabyWow contains, nor stores, such data. For each transaction made with the PayPal account, the Customer will receive a confirmation email from PayPal.

  1. Processing times and delivery

7.1. Processing time of the items (time needed to process the order).

Processing times depend on the payment method chosen. All orders will be automatically confirmed due to our constantly updated stock availability.

Estimated processing times:

• Off-the-shelf items: shipment within 24-48 business hours, excluding Saturday and Sunday;

• Customized items handmade in our lab: we advise you to contact us at +39 349 7803184;

Shipping times depend on the payment method chosen.

• Credit Card/Prepaid/Paypal: the items will be entrusted to a courier within 24-48 working hours from order placement (for off-the-shelf items).

• Bank Transfer: the items will be entrusted to a courier only after the amount due is received (timing may vary depending on the payment date).

7.2. Delivery time of the items (time taken by the courier for delivery)

All the items will be shipped via express courier and delivered within an average time of 1-4 working days after the shipment date, with the exception of customized items, for which the Customer will be notified about the delivery times.

Average delivery times on Italian territory:

• Delivering on the Peninsula: 1-2 working days after shipment.

• Delivering to major Islands (Sardinia, Sicily): 2-3 working days after shipment.

• Delivering to lesser Islands (Capri, Ischia, Pantelleria, Elba, Lampedusa, etc.): 3-5 working days after shipment.

The delivery times above are merely approximate and are provided for indicative purposes only, without assumption of any commitment or guarantee of compliance from Babywow.

  1. Shipment methods

8.1. BabyWow will also accept, at its sole discretion, orders with delivery to countries other than Italy, in which case only advance payment via bank transfer will be accepted. Shipping charges for orders from other countries are automatically estimated by the system and are to be considered approximate. The exact shipping costs will be calculated at the time of the order.

For each order placed, BabyWow will issue an invoice for the material shipped, e-mailing it to the customer, in accordance with art 14 D.P.R. 445/2000 and DL 52/2004. Invoices will be issued based on the information provided by the customer when placing the order.

8.2. Standard shipments by express courier will take place at the following times: Monday through Friday from 9.00AM to 1.00PM; from 2.00PM to 6.00PM, holidays excluded.

In case of non-collection, within 5 working days, of the material in storage at the warehouses of the courier company, due to repeated inability to deliver to the address indicated by the Customer when placing the order, the items will be returned to Babywow.

8.3. Babywow will not be responsible for any delay in the delivery of the items.

8.4. Shipments are made on behalf of the Customer by our Agreemented Express Courier.

Upon delivery of the goods by the courier, the Customer is required to check:

- That the number of packages being delivered corresponds to the number printed on the shipping document;

- That the packaging is intact, undamaged, not wet nor otherwise altered.

Should the package show visible damage external to the delivery (such as wetting, crushing, abnormal openings or other) and in the event that the number of packages does not correspond to what was ordered, the Customer will be required to immediately report it to BabyWow and, at the same time, the recipient must compulsorily REJECT the damaged package.

In case the package is undamaged upon delivery, it will not be possible to sign the delivery receipt with "RECEIVE WITH RESERVE", as per the internal regulations of all couriers. Once the delivery document has been signed, the Customer waives any right to lodge complaints based on the appearance of the package delivered. The Carrier is also liable for the delay in the delivery of the items to the recipient.

As for the aforementioned cases, Babywow must be considered exempt from any liability regarding the loss or damage of the items from the moment they are delivered without reservation to the carrier for transport.

Any problems concerning the mismatch, correspondence or thoroughness of the products received must be reported to BabyWow upon delivery, so that the company will book the pickup of the wrong product or send the missing product. Products that do not match what was ordered must not be unpacked or opened.

From the moment he/she receives the nonconforming goods and from the moment he/she reports the fact, the Customer assumes full responsibility for what has been declared.

8.5. In the case of delivery by appointment, the Customer will be contacted via telephone by the carrier to arrange the delivery date and time.

Standard delivery will take place at the following times: Monday through Friday, from 9:00AM to 1:00 PM and from 2:00PM to 6:00PM, except on holidays.

Delivery must necessarily occur within 3 working days from the date of telephone contact.

8.6 Due to internal arrangements, requests for pickup on hold will not be accepted.

  1. Shipping charges

9.1. Shipping charges are the standard cost applied to transport for the goods in the cart; they are automatically calculated by the system and may vary depending on the payment method and the products purchased.

The prepayment method involves prepayment of transport.

Shipments are made on behalf of the Customer by our contracted Express Courier.

  1. Seller's Liability

10.1 The Seller assumes no liability for inefficiencies attributable to force majeure or fortuitous event.

10.2 The Seller shall not be liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside its control or that of its subcontractors.

10.3 In case of carrier-related inefficiencies, the Buyer shall send a report to the Seller, who will proceed to contact the Carrier. In the event of loss of the parcel or other eventualities causing a non-delivery or wrong delivery, the Seller, in agreement with the Buyer, will proceed to either reimburse or resend the order.

10.4 The Seller assumes no liability for any fraudulent and illicit use of credit cards, checks and other means of payment that may occur, by third parties, for the payment of the products purchased, if it proves to have taken all possible precautions according to the best science and experience of the moment and according to the ordinary diligence required.

  1. Warranties and Methods of Service

11.1 The Seller shall be liable for any lack of conformity that becomes apparent within the term of 2 (two) years from delivery of the goods.

11.2 The Purchaser shall forfeit all rights if he/she fails to report the lack of conformity to the Seller within the term of 2 (two) months from the date on which the defect was discovered.

11.3 In any event, unless proven otherwise, it shall be presumed that defects of conformity arising within 6 months from the delivery of the goods already existed on that date, unless such assumption is inconsistent with the nature of the goods or the nature of the defect of conformity.

11.4 In the event of lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this Agreement, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller. Products that show clear signs of tampering or failures caused by their improper use or by external agents not attributable to manufacturing defects and/or faults are not covered by the warranty.

11.5 The request must be received in writing, through the customer service form to the Seller (https://www.babywow.it/contatti/). It is necessary to describe the defect in the complaint, including photographs and videos, as well as specify the date of discovery of the defect itself. The Seller will acknowledge to the Buyer whether it is willing to comply with the request, or the reasons preventing them from doing so, within 7 (seven) working days of receipt of the request. In the same communication where the Seller has accepted the Buyer's request, it shall indicate the method of shipment or return of the goods, as well as the expected time limit for the return or replacement of the defective goods.

  1. Seller's Obligations for Defective Products, Proof of Damage, and Compensable Damages

12.1 The Seller shall not be liable for the consequences resulting from a defective product if the defect is due to the product's compliance with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow to identify the product as defective.

12.2 No refund shall be due if the damaged party was aware of the defect in the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it. Similarly, defects resulting from the misuse and/or erroneous use of the purchased goods, external causes (e.g. shocks, falls, etc.), carelessness and improper use shall not be attributable to the Seller's liability.

12.3 In any case, the damaged party will be required to prove the defect, damage, and causal connection between defect and damage, also through descriptions, photographs, and means available to the damaged party.

  1. Buyer's Obligations

13.1 The Purchaser agrees to pay the price of the purchased goods in the time and manner specified in this Agreement.

13.2 The Purchaser undertakes, upon completion of the online purchase procedure, to print and keep this Agreement received by e-mail as an attachment to the confirmation of the purchase order.

13.3 The information contained in this Agreement has, moreover, already been viewed and accepted by the Purchaser – who acknowledges this – before the purchase confirmation, through telematic procedures.

  1. Right of Withdrawal

14.1 According to the provisions of the Consumer Code, the Purchaser may, within the term of 14 (fourteen) working days from the date of delivery of the package containing the goods ordered, withdraw from the purchase Agreement by returning the goods in their original packaging, without tampering with any warranty seal or simply opening and/or deteriorating the same outer packaging.

14.2 This is without prejudice to the provisions on the exclusion of the right of withdrawal for some categories of goods and services envisaged by Art. 59 of the Consumer Code. In particular, the right of withdrawal is excluded if the goods sold were "tailor-made" for the customer and in the case where the sales service concerns the supply of sealed goods that are not suitable for return for hygienic reasons or reasons related to health protection and have been opened after delivery (Art. 59 letter E Consumer Code).

14.3 Pursuant to Article 67 paragraph 3 of the Italian Consumer Code, the costs of return will be borne exclusively by the Buyer.

14.4 Si rammenta inoltre che non saranno accettati pacchi inviati a spese del destinatario.

14.5 The Seller will refund the customer the full amount already paid for the product within 14 days of receipt of the return form reporting the decision to exercise the right of withdrawal. The Seller reserves the right to withhold the refund until the goods have been received or until the Buyer has proved that the goods have been returned.

14.6 The products must be returned to the Seller in their substantial integrity, with their original packaging, accessories, instructions for use, and anything else supplied with them, in a condition such that they can be put back on the market (the grounds for exclusion set forth in section 14.2 are recalled.) If the returned products do not show the above characteristics, the return will not be accepted and the package will be sent back to the Buyer.

14.7 The return of products after the legal deadline established for withdrawal and contractual cancellation will not be accepted.

14.8 The Consumer who exercises the right of withdrawal in accordance with the provisions will be refunded the amount paid no later than 30 days from the date on which the Seller (or the service provider) became aware of the exercise of the right of withdrawal by the Consumer.

  1. Termination of the Agreement

15.1 If one Party is in default with respect to the other, with respect to any of the obligations under this Agreement, the other Party may request its termination pursuant to art. 1453 c.c. et seq. without prejudice in any case to the right to compensation for damage.

15.2 Pursuant to art. 1456 c.c., the Party intending to avail itself of the termination shall notify the other Party by sending a registered letter with return receipt or PEC (Certified Electronic Mail), stating the reason for termination. The effects of the termination shall commence from the date of receipt of the notice of termination as shown on the receipt returned to the terminating Party, and the Purchaser shall only be entitled to the return of any amount already paid.

  1. Failure to collect the package – termination of the Agreement

16.1 Provided that the collection of the product is a specific obligation of the Customer, at the time of entrusting the Order to the selected courier, the Seller will notify the Buyer of the imminent delivery via an e-mail including the shipping link.

16.2 The courier will make a first attempt at delivery on the date indicated by the tracking; in case of non-delivery it will proceed to a second attempt, unless necessary corrections and changes in the address, for which the Buyer will have to activate itself.

16.3 After the second unsuccessful attempt for delivery, the package will be held in storage at the Courier for the term established and indicated by the tracking page itself. Depending on the Courier, the goods can either be released by contacting them directly or by contacting the Seller's Customer Service.

16.4 Once the storage period has expired, the Order will be returned to the Seller and the Seller will inform the Buyer that he may request for it to be shiped again at his own expense no later than 5 days after receiving the notice. In case of cash on delivery payment, instead, once returned to the Seller, the order will be immediately dismantled.

16.5 If, even in this case, the Order is not claimed, the Seller will notify that the Agreement is rescinded by right and proceed to refund the amount paid by the Buyer and dismantle the package no later than 30 days from the communication. At the time of repayment, any fidelity points credited will be lost, and any discount codes used will not be restored.

16.6 In case the Seller is not in the condition to reimburse the price paid, due to incompatibility of the payment method used at the purchase with an automatic credit, the Buyer will be asked to provide the bank details on which to receive the refund. After 10 days without a response, the Seller will issue a purchase voucher of the same value of the price to be refunded and send it to the Buyer's contact addresses. Once the voucher is issued, the Buyer shall have no further claim against the Seller.

  1. Nose Privacy and treatment of Customers' personal data

17.1 The Seller protects the privacy of its customers and ensures the compliance of the processing of personal data with the provisions of the privacy legislation set forth in Regulation (EU) 2016/679 and the applicable legislation on the protection of personal data.

17.2 The personal and fiscal data acquired by the Seller, the data controller, are collected and processed in the forms and manner provided by the Privacy Policy of the website and the specific disclosures.

  1. ODR Platform

18.1 Pursuant to Article 14 of the European Regulation 524/2013, the Seller informs the Buyer that, in the event of a dispute, he/she may file a complaint through the ODR (Online Dispute Resolution) platform made available by the European Commission and accessible at the following link https://ec.europa.eu/consumers/odr/. The Seller, however, invites the Buyer to use the "Contact Us" channel available at the link https://www.babywow.it/contatti/ to resolve any kind of issue directly.

  1. Applicable Law and Jurisdiction

19.1 This online sales Agreement is governed by the Italian law. For any dispute relating to the interpretation and execution of this Agreement, the Court of the place where the Buyer, as a consumer, has his residence shall have jurisdiction.

19.2 Should any of the provisions contained in this online sales Agreement be deemed invalid, void or unenforceable for any reason whatsoever, such provision shall be deemed severed and shall not affect the validity and enforceability of the other provisions.

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