GENERAL SALES CONDITIONS (GTC) - ROCKETBABY
These GTC regulate the purchase, through telematic modalities, of the products published on the website www.rocketbaby.it in all its extensions and subdomains (the "products") (the "site"),
The site is owned and operated by LETISAN SRL (hereinafter "RB" "ROCKETBABY" or "LETISAN") with registered office in Via Albricci 8, 20122 Milan VAT number IT07577300960 registered in the Milan Companies Register.
Any customer enquiry related to this agreement may be sent by email to email@example.com or by post to the address stated above.
These GTC constitute an integral and essential part of the purchase contract of any product and the completing of an order implies the total acceptance by the customer.
DEFINITIONS AND SCOPE
Site: The site is www.rocketbaby.it in all its extensions and subdomains
Customer: Any physical or legal person placing an order on the site
Consumer: Any physical person who makes an order outside of business, commercial, craft or professional activity purposes
Professional:any physical or legal person placing an order for business, commercial, craft or professional activity purposes
Order: Every proposal concerning the purchase of one or more products made by a customer through the site
Contract: any agreement between RB and a Customer regarding the purchase by the latter of one or more Products regulated according to the following conditions (General Sales Terms and Conditions - GTC)
1.2 These general terms and conditions apply to all purchases made on the site.
1.4 General conditions may be changed at any time. Any changes and\or new conditions will be in effect from the time of their publication in the "Terms and Conditions" section of the site. For this purpose users can access the site to verify the publication of the most current general conditions.
1.5 The applicable general conditions are those in force on the date of dispatch of the purchase order.
ROCKETBABY RIGHTS AND OBLIGATIONS
2.1 RB is committed to deliver the products to the address indicated by the customer in the purchase order. RB shall not be liable for errors in delivery due to inaccuracies or incompleteness in the purchase order compilation by the customer. The delivery is made by express courier with traceable shipment; There are no valid addresses for the purposes of delivering to the mailboxes.
2.2 The delivery of the products takes place within the period indicated in the order confirmation, and in any case within the 30 days from the conclusion of the contract. Delivery costs are normally paid by the customer unless otherwise indicated at the time of purchase.
2.3 Products sold on the site are available in limited quantities and the possible non-availability of one or more purchased products will be communicated by RB to the customer. In this case, the contract will be terminated and RB shall provide the reimbursement of the price as well as the shipping costs (in the case of multiple orders, limited to the shipping costs referred to the product not available). The non-availability of one or more products ordered, in the case of multiple orders, does not give the customer the right to cancel the order of the other products.
2.4 RB in any case shall not be liable in the event of losses of revenue, profits, data or any other indirect damage of any kind arising of or in any way connected with the contract subjects to the General Sales Conditions.
2.4 The liability of RB, in any case, may not exceed the total value of the purchase order.
CUSTOMER RIGHTS AND OBLIGATIONS
3.1 The customer is solely responsible for the veracity and correctness of the information and data provided to RB, requested by the latter through the site, and undertakes to communicate promptly any changes in the data entered.
3.2 The customer, when the purchase order is confirmed, declares: a) that he has read, understood and accepted the general sales conditions; b) to authorizes RB to the processing of the personal data communicated at the time of purchase, and to provide the necessary data for the processing of the payment in the indicated procedure.
3.3 RB reserves the right to request the customer to send a document of identity proving the data entered at the time of the order and to refuse an order at its discretion. In this case the amount paid by the customer will be returned.
3.4 Product Delivery: At the time of delivery of the products to the customer by the courier in charge of the transport, the customer must check, in the presence of the courier: a) that the quantity and typology of the ordered products corresponds to what is indicated in the transport document; b) that the packaging used for transport is intact, not damaged, wet or otherwise altered, even the closing materials; c) that the quantity and type of products delivered corresponds to the order. Any anomalies or discrepancies must be contested immediately to the courier at the time of receipt of the products, by means of their indication in the delivery note.
3.5 Assistance: For any need of assistance or claim related to the PRODUCTS, the CUSTOMER shall contact RB at firstname.lastname@example.org or by mail at Letisan - Via Albricci 8, 20122 Milan.
Gift vouchers can only be purchased by paying by Credit Card or PayPal and can therefore not be used to purchase other gift vouchers.
If the value of the products purchased with the gift vouchers is higher than gift card, the difference must be paid by credit card or Paypal.
Gift vouchers are non-refundable and expire 24 months after purchase.
PAYMENT AND DELIVERY
4.1 Unless chosen to pay with "Cash on delivery" option, the customer will pay the full price of the products ordered, in conjunction with the Order's submission. It is understood that, in case of non-acceptance of the order, RB will promptly reimburse to the customers the amounts paid.
As part of the process of order forwarding, the RB may, at the exclusive discretion of the latter, be offered various payment methods, including, but not limited to: payment by credit card (Visa, MasterCard, American Express), payment by "Paypal", payment with prepaid card (eg. "Postepay") and payment with cash on delivery. In this case the customer can choose the payment method, among those proposed.
4.2. Invoices can be requested within 24 hours of placing an order by emailing customer service at email@example.com indicating all billing data and VAT number. No requests after the above period will be accepted.
4.3 The delivery times are indicatively those reported in the purchase order. In the event of a non-indication of a specific delivery period, it shall take place within the thirty days of the day following the completion of the order. In case of longer, than indicated on the site, delivery times, the customer will not be entitled to any compensation or right to request the cancellation of the order and receive reimbursement of any amount paid. 4.4 RB shall not be liable for failure or delayed delivery due to external unforeseeable circumstances, such as strikes, public authority measures, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, etc. RB will promptly inform the customer of the occurrence of any external unforeseeable circumstances. If the cause of external unforeseeable circumstances persist for a period exceeding 30 (thirty) days, each party shall be entitled to withdraw from the contract. In the event of withdrawal pursuant to this subparagraph, the customer shall not be entitled to any compensation, without prejudice to the right to return of what may already be paid for the product at the order.
4.5 Deliveries are made to the postal address indicated by the customer on the order form.
4.6 Upon delivery of the products to the courier, an e-mail confirmation of the shipment will be sent to the customer. Deliveries will be made from Monday to Friday, in normal business hours, excluding national holidays.
4.7 The delivery is retained completed when the product is made available to the user at the address specified in the order form.
4.8 In case of failed delivery by absence of the recipient at the address specified, the courier will leave a note to certify the delivery attempt. On the post there will be indicated the information that the customer must use to contact the courier to eschedule a second delivery attempt. After two unsuccessful delivery attempts, the parcel will be kept in storage.
After 30 days from the date on which the product was returned to RB, the contract shall be resolved and the purchase order cancelled in accordance with art. 1456 C.C. RB will refund the amount paid by the user net of the expenses of the unsuccesful delivery, the parcel return costs and the expenses of conservation. The termination of the contract and the amount of the refund will be communicated to the customer via email. The amount of the refund will be credited to the means of payment method used by the customer for purchase. Before the thirty-days period, if the customer requests to receive the purchased product again, RB will proceed to the new delivery after debit, in addition to the expenses thereof, of the costs of returning the product to RB and the expenses of conservation.
4.9 In the case if the packaging presents obvious signs of tampering or alteration, the customer must promptly notify the RB Customer Service by e-mail to the address indicated in the premises.
4.10 Delivery of the products to the courier takes place typically in 10-14 days from the confirmation of the order unless otherwise indicated on the site at the time of purchase. It is understood that the written duration is purely indicative and RB shall not be held liable for any damage whatsoever resulting from delays in delivery to the customer, which may only require withdrawal from the contract under the terms of the law.
4.11 For deliveries to countries outside the European Union, the courier may request payment of customs duties and charges on behalf of the customs of the recipient country. This amount varies based on the value of the products purchased and on the basis of the laws in force in the recipient's country.
RIGHT OF WITHDRAWAL
5.1 The customer has a right to withdraw from the contract, without any penalty and without specifying the reason, starting from the receipt of the order confirmation sent by RB and not later than fourteen days after receipt of the product at indicated delivery address, by a full proof of the date reported on the delivery note.
5.2 The customer may proceed to the request of withdrawal by completing the special form attached to the agreement.
5.3 If the product has already been delivered, the customer must return it to RB. To this end: -The substantial integrity of the product to be returned is an essential condition: the damaged returns will not be accepted, but only those kept in optimum conservation status; -the costs of the returning of the product to RB (Euro 8) are paid by the customer, who will have to send the product perfectly and safely packaged; The customer must place a copy of the delivery document inside the packing box.
5.5 If the customer expresse the right of withdrawal in accordance with the provisions set forth herein GTC, RB shall refund the amount paid by the customer to the payment card or PayPal account provided by the customer at the moment of purchase. The refund will be free of charge, within 14 days from the date on which RB was informed of the withdrawal by the customer. In case the customer has chosen a shipping method more expensive than the standard one offered by RB (as indicated in the individual campaign), RB will be required to return only the cost of the standard shipping service, and not the additional cost.
5.6 In case of the withdrawal by the customer and a request for return, the refund will be made net of any discount coupons used at the time of the order, the customer therefore loose the right to use the coupon again.
5.7 The right of withdrawal regulated by the present GTC does NOT apply: - to goods made to measure or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly; - to PRODUCTS falling within the category of underwear, cosmetics (including by way of example creams, diapers, pacifiers, costumes and underwear, etc..), food products, whose packaging is not perfectly sealed and undamaged; a) PRODUCTS falling under the category Carnival, Halloween or other festivities disguise costumes b) food products that are perishable or have a deadline of less than 6 months; c) audiovisual PRODUCTS or computer software, whose packaging is not returned sealed.Â Â The right of withdrawal shall in any case be excluded if the PRODUCT has been manipulated in a manner other than what is strictly necessary to establish its nature, characteristics and functioning.
USE OF THE SITE
6.1 Product descriptions and images on the site correspond to what is provided by RB's suppliers/partners. The photographs and videos of presentation of the products in support of the descriptive information are published on the site on a descriptive basis, and the quality of the images (e.g. in terms of exact colour display) may depend on Software and computer tools used by the customer when connecting to the site.
6.2 RB assumes no responsibility for the problems caused to the customer by the use of the site and the technologies used not dependent on their own will, such as, but not limited to, (a) errors, delays or inability to access the site. On the part of the customer during the execution of the sales procedure; (b) errors, delays or inability to receive, by the customer, the communications made by RB in connection with the sale of the products.
GUARANTEES AND NON-CONFORMITY OF PRODUCTS
7.1 The products offered on the site comply with the National and Community legislation in Italy.
7.2 RB is not responsible for the mismatch between the ordered product and the product description on the site, in the event that the mismatch in the description is primarily caused by the supplier and of which RB was not and could not be informed regarding the use of normal diligence.
7.3 All products sold on the site are covered by the Legal Guarantee of Conformity provided by articles 128-135 of the Consumer Code ("Legal Guarantee"). The legal guarantee is reserved for consumers.
7.4 In case of a defect in conformity of the products purchased in relation to the description published on the site, the user is entitled to repairment or replacement of the product, without any additional costs, if this is possible regarding the number of items still available for sale. In this case the replacement or repairment should not be excessively onerous for the seller in regards of the value of the asset, if there were no defect of conformity, and the degree of that defect. Alternatively, the user has the right to contract termination or price reduction.
7.5 The conventional guarantees related to the products sold are those provided directly by the manufacturer.
7.6 In no event shall RB be liable for any failure to fulfil any of its obligations under these general conditions in cases where the default is caused by accident and/or unforeseeable circumstances, including, not limited to and purely illustrative, natural disasters, terrorist acts, network malfunctions and/or blackouts.
8.1 RB reserves the right to temporarily suspend, without any prior notice, the provision of services for the time strictly necessary for the necessary technical interventions and/or appropriate to improve the quality of the same services.
8.2 RB may, at any time, discontinue the provision of the service if reasons of security or breach of confidentiality are justified.
SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
9.1 The contents of RB, such as by example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the website, including menus, web pages, graphics, the colours, patterns, tools, fonts and website designs, diagrams, layouts, methods, processes, functions and software are protected by copyright and any other intellectual property rights of RB and other rights holders. The reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images, of the contents of the site if not previously authorized in writing by RB is prohibited. Any use of the contents of the site for commercial and/or advertising purposes is also prohibited.
9.2 All other distinctive features that distinguish the products sold on the site are registered trademarks of their respective owners and are used by RB under license, for the sole purpose of distinguishing, describing and publicizing the products for sale on Site. Any use of the distinctive signs mentioned above does not conform to the law and, as unauthorized, is prohibited. It is not in any way permitted to use any distinctive sign on the site to benefit from the distinctive character or reputation of these or in order to prejudice themselves and their owners.
9.3 In no way the user is able to alter, change, modify or adapt the site, or any digital material made available by RB.
The applicable law to the sale of the PRODUCTS is the Italian law. It should be noted that the provisions contained in these GTC which refer to consumers will fall under the rules for the conclusion of distance contracts under Title III, Section II of Legislative Decree 6 September 2005 n.206 (Consumer Code). The invalidity of any individual clauses of the contract or of the GTC does not imply the invalidity of the entire contract or of the GTC.
Milan, 01 September 2018