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General online Terms of Sales – from here on General terms

1. These General online Terms of Sale concern the sale of goods and services carried out remotely and made available via the internet from the website www.ondaluxybubbles.it (from here on the Website).

2. The products made available by the Website consist mainly of products for bathing babies. The services made available via the Website are those related to the sale of the aforementioned products. All the contracts will be closed through the final consumer and/or retailer’s access to the website www.ondaluxybubbles.it. All the products and services offered are described in detail in the “buy the products” section of the website under the corresponding sections and divided by purchase area category (“final consumer” area and “retailers” area).

3. The Owner of the Website is OKBABY s.r.l., Via del Lavoro 26 – 24060 Telgate – BG – Italy, P. IVA e C.F. 00603940164 REA BG 159280

4. All purchases of products and services conducted via the Website (from here on the Purchase Contracts) by users accessing the Website (from here on the Customers) are governed by the General Terms, as well as by other provisions and operational instructions contained in the Website. In case of contradiction between the aforementioned provisions and operational instructions and the content of the General Terms, the latter shall prevail. Prices and methods of payment on our website are valid and binding until further changes and/or integrations, by writing, made by OKBABY s.r.l..

5. The provisions contained in these General Terms are applicable to all Customers, with no distinctions, except for provisions applicable to Customer Consumers only. The term “Customer Consumer” refers to a physical person who buys products or services offered by the Website for purposes not related to his/her business or occupation. To the effects of these General Terms, it is presumed that the “Customer Consumer” is not a Client who sends a purchase offer for products of services and enters his/her VAT number in the area of the Website related to the Client’s personal data. Articles 50 to 63 of the Legislative Decree no. 206/2005 also apply to contracts of purchase concluded with Customer Clients.

6. OKBABY s.r.l. invites every Customer to carefully read these General Terms before going ahead with each purchase and, once the purchase procedure included in the website has been completed, to print them and keep a copy or save an electronic copy.

7. OKBABY s.r.l. may modify the content of the General Terms of this document at any time and without prior notification. Any changes made will be effective from the day they are published on the Website, stated in the header of the General Terms.

Purchase Procedure

8. The Customer can buy the products included in OKBABY s.r.l.’s electronic catalogue, shown in detail under the “buy the products” section of the Website, in the related sections dedicated to product purchases, as illustrated in the product profiles contained in the Website. The Customer should comply with the technical access procedures described in the Website. The publication of products and services displayed on the Website is an invitation addressed to the Customer to make a purchase offer contract, according to art. 1336 of the Civil Code. The order sent by the Customer is a contract offer and entails the full understanding and complete acceptance of these General Terms.

9. Receipt of the Client’s offer is confirmed by OKBABY s.r.l. by means of an automatic reply sent to the e-mail address supplied by the Client. OKBABY s.r.l.’s reply is generated automatically by the Website’s system and only confirms reception of the offer in its computer systems. This confirmation message will state the expected dispatch date and a ‘Customer Order’ reference number which should always be cited in any other subsequent communication. Along with mandatory information required by law, the message contains all the data submitted by the Customer, who shall check that these are correct and will communicate any corrections as soon as possible.

10. Each order can be viewed by the Customer on the Website in his/her personal area immediately after sending the order. Up to the moment when the order has been fulfilled by OKBABY s.r.l. (which will inform the Customer by updating the information contained in his/her personal area), the Customer may modify or cancel the order. This can be done exclusively via the access and edit functions contained in the aforementioned personal area.

11. Each Purchase Contract concluded between OKBABY s.r.l. and the Customer should be considered concluded with acceptance of the order by OKBABY s.r.l. . OKBABY s.r.l. has the right to accept or decline, at its discretion, the order sent by the Customer, who cannot raise any claims or express any rights in this respect, even for the purposes of obtaining compensation, if the said order has not been accepted. OKBABY s.r.l.’s acceptance is considered automatically given if the Client does not receive any communication by means of an e-mail to the address supplied by the Customer stating the contrary within 48 hours from when the order was sent.

12. When the order has been sent, according to the various methods included in the Website’s operative instructions, the Customer declares he/she has read all the instructions supplied during the purchasing procedure and fully accepts the General Terms and the payment terms described below.

Product prices – delivery costs – availability of products

13. All the prices of the products, which are VAT included for the EU countries, are clearly stated on the Website. These do not include any additional and different taxes or duties devised by corresponding applicable laws, such as import laws. Therefore the Customer must proceed to pay custom duties on imported goods and pay duties and taxes due in the country importing the goods, where applicable.

14. If a product is presented on the Website in areas differing from the specific sections dedicated to product purchase or in any case without the icon “add to your basket”, this means it is not available to be sold via the Website.

15. The prices and availability of the products shown on the Website may be modified at any time and without prior notice. However, as for pending orders or orders cited above by OKBABY s.r.l., the sale terms in force when the order is sent by the Client are valid.

16. The Website shows products available for dispatch. The availability of these products is not updated in real time. Moreover, considering that many users may access the Website at the same time, the actual availability of the single product may vary considerable over the same day compared to the indications contained in the Website. OKBABY s.r.l. does not make any commitment and does not guarantee the certainly that it will immediately proceed to delivery of purchased products indicated as available on the Website. Therefore, it will not be held responsible for any delays in the delivery.

17. If the delivery time of the ordered product incurs in any delay with respect to the delivery time indicated on the Website before the order, OKBABY s.r.l. shall promptly inform the Customer via an e-mail to the address supplied by the Customer.

18. The cost of every dispatch, which may vary depending on the delivery and payment methods, as well as only the country of destination and the total cost of the order, is added to the overall price of each Purchase Contract and is clearly stated and transmitted to the Customer via the Website before the Purchase Order is concluded. The aforementioned dispatch cost will also be stated in the Customer’s personal area until the order has been fulfilled.

19. Where possible, the product images on the Website, usually reflect the photographic image of the products and are only meant for sale presentation purposes, with no guarantee or commitment by OKBABY s.r.l. that the image on the Website corresponds exactly with the real product. This applies especially to the real size and/or colours.

Payment Terms

20. Payment terms: with Credit card or advance bank transfer.

21. Nothing more than what has been agreed in the Purchase Contract is due by the Customer to the courier when the products are delivered.

22. If the Customer fails to pay the agreed amount, for any reason or cause, OKBABY s.r.l. will invite the Customer to pay the outstanding amount in writing and will have the right to debit the Customer with late payment interests as required by the law. In this case, until the Customer proceeds to settle the payment to OKBABY s.r.l., the latter also reserves the right to cancel any subsequent product deliveries, to cancel any existing Purchase Contracts and to block the purchase functions via the Website, without prejudice to compensation for any other additional damages.

Delivery and documents

23. The risk for all product deliveries is held by OKBABY s.r.l.. The risk will be transferred to the Customer at the time of delivery to the Customer by the courier, carrier or by another agent appointed by OKBABY s.r.l. for the delivery.

24. No liability, for any reason, can be attached by the Customer to OKBBAY s.r.l. for delays in fulfilling the order or delivering the goods involved in the Purchase Contract.

25. For each Purchase Contract concluded through the Website, OKBABY s.r.l. will issue a warrant for delivery, i.e. an invoice for the products to be dispatched for those Customers (not consumers) who do not have and have not entered a VAT number as part of the personal data related to the order. The warrant for delivery or the invoice will be delivered by OKBABY s.r.l. to the e-mail address indicated by the Customer to which the order applies, in accordance with art 45-48 of the Legislative Decree 82/2005. For the purposes of issuing the invoice, the information provided by the Client at the time of placing the order shall apply. No changes to the invoice can be made after the invoice has been issued, not it will be possible to issue an invoice after fulfilling orders to Customers who have not provided a VAT number at the time of placing the order.

26. Unless otherwise agreed in writing by OKBABY s.r.l. and the Customer, the product delivery shall be at street level. At the time of delivery of the products by the courier appointed by OKBABY s.r.l., the Customer is responsible for ensuring (a) that the number of delivered parcels is consistent with the number indicated in the shipping note and (b) that the packaging is intact, has not been damaged or tampered with, also as far as the materials used to close the parcel are concerned.

27. The Customer should immediately report any damage to the packaging and/or products or if the number of parcels is not consistent with the number or the indications on the shipping note by entering the wording “ACCEPTED SUBJECT TO VERIFICATION” on the courier’s delivery receipt. Moreover, the Customer undertakes to promptly report – and anyway not after 8 (eight) days from the date of actual delivery – to OKBABY s.r.l. (by sending a message via the “Contacts” page) each and any issue related to the physical integrity, consistency or completeness of the products received.

28. For the purposes of delivering the ordered products, the presence of the Customer or of someone appointed by the Customer in the place indicated by the Customer and on the day of expected delivery is an essential requirement. If the Customer is not available, the courier leaves a note with a telephone number of the branch that delivered the product(s). If contacted by the Customer, the courier will deliver the goods again with no additional charges the following day. If the Customer does not contact the courier after 72 hours, the products are put on hold and the awaiting delivery fees will be charged to the Customer. In this case, OKBABY s.r.l .’s staff will contact the said Customer either by telephone or by e-mail. If the goods are not collected, OKBABY s.r.l .will withhold from the amount paid by the Customer all the delivery, awaiting delivery and redelivery costs of the products and will only return to the Customer the surplus left.

29. In the event of force majeure, unavailability of means of transport and unforeseen or inevitable events that lead to a delay in deliveries or that may make it difficult or impossible to deliver the products, OKBABY s.r.l. wont’ be in any case responsible for that and OKBABY s.r.l. reserves the right to split, reschedule or cancel, in its entirety or in full, the scheduled delivery or to cancel the Purchase Contract. In such case, OKBABY s.r.l. will promptly and adequately inform the Customer of its decision via the e-mail address indicated by the Customer and the latter will have the right to obtain a refund for the price of the product, if the payment has already been made, excluding any further claims, for any reason, made to OKBABY s.r.l.
If at the time of purchase there are any public holidays and during the whole month of August, OKBABY s.r.l. may not be able to deliver products within the standard delivery period (3-5 business days).

30. No requests related to deliveries to alternative addresses compared to the address indicated for the delivery will be accepted, nor requests for deliveries during times indicated by you and requests such as receiving a telephone call before the delivery. Should these requests be submitted in the notes field, they will be ignored.

Right to cancel

31. OKBABY s.r.l. acknowledges the right to cancel, as required by current legislation. The deadline to exert this right is 10 days, as required by law. Within such date, the client is responsible for sending a written and signed communication by registered letter with return receipt to this address: FAO OKBABY s.r.l., Via DEL LAVORO 26 – 24060 TELGATE BG Italy. The letter must contain the banking details of the account (name of the bank, name of the branch, IBAN code) on which the client would like to be credited with the amount paid to purchase the returned goods. Together with the letter, the client is responsible for sending the goods via courier and packaging them adequately in order to ensure their integrity during transport. The parcel and the written communication must be sent within 10 days from reception of the purchased goods to the same address mentioned above for the registered letter with return receipt. Within 20 days from receipt of the registered letter and the goods, OKBABY s.r.l. will proceed to credit the Customer will the exact amount that the Customer paid to purchase the goods (including any delivery costs) using the banking details supplied by the Customer. Therefore the only cost held by the Customer to exert his/her right to cancel is the cost to send the registered letter and the courier costs to deliver the goods to OKBABY s.r.l. premises. The right to cancel is not valid if the goods are damaged and bad preserved.

Warranty applicable to faulty products

32. Up to two years from the delivery of the products, OKBABY s.r.l. can be held liable towards Customer Consumers, in accordance with art. 130 and 132 of Legislative Decree 206/2005, for any conformity defects of existing products at the time of delivery, particularly as far as faulty or damaged products are concerned.

33. The Customer Consumer does not retain his/her rights indicated by art. 130, paragraph 2 of Legislative Decree 206/2005, unless he/she reports the conformity defect to OKBABY s.r.l within two months from the day he/she discovers the fault.

34. OKBABY s.r.l. will make every effort to replace products that may be faulty or damaged, holding any related costs, with identical products in stock. These must be returned by the Customer in their original packaging (with all the parts part of the packaging). Should a replacement with an identical product not be possible (for instance, if the product is no longer included in the company’s catalogue), OKBABY s.r.l. will refund the Customer for the amount paid for the faulty product, excluding any additional responsibility held by OKBABY s.r.l. for any reason.

Communications and Complaints

35. All communications and any complaints by the Customer related to Purchase Contracts towards OKBABY s.r.l. should be sent to the Client Service department responsible for managing the Website. The Customer should fill in the form in the “Contacts” area of the website.

Intellectual property rights

36. All trademarks (registered and non-registered trademarks), as well as each and any intellectual work, distinguishing mark or denomination, image, photograph, written text or graphics and, in general, any other immaterial goods protected by international laws and conventions on intellectual property and industrial property reproduced on the Website remain exclusive property of OKBABY s.r.l. and/or its predecessors-in-interest. Access to the Website and/or stipulating Purchase Contracts does not confer any rights to the Customer on the abovementioned. Any use, even in part, of the abovementioned is forbidden without prior written authorization by OKBABY s.r.l., which holds the exclusive rights on the material.

Applicable law and Jurisdiction

37. The Purchase Contract between the Customer and OKBABY s.r.l. is stipulated in Italy and governed by and interpreted in accordance with Italian Law.

38. Any controversy will be subject to the Court Authority of Bergamo, except for controversies with Customer Clients, which are subject to the Court Authority of the place of residence or domicile of the Customer Client.

Personal data processing and Privacy

39. According to art. 24 of the legislative decree no. 196 of 30 June 2003, by filling in the purchase form, the user gives his/her consent to process the personal data. The processing of personal data will be carried out in compliance with fundamental rights and freedom of individuals, as well as of their dignity, with particular reference to confidentiality, identity and to the right to personal data protection. Personal data will be disclosed to third party companies in Italy or abroad according to applicable laws and regulations. According to ex art. 7 of the legislative decree 196/2003 you are entitled to: a) obtain information on the source of your personal data; b) obtain the cancellation, updating, adjustment or, when you have an interest in such, the integration of your personal data; c) object the processing of your personal data for advertising or or commercial communications by sending your request to OKBABY s.r.l. – Via del Lavoro 26 – 24060 Telgate BG. Personal data will be disclosed and processed to third party companies that are part of OKBABY s.r.l. Group, as well as by other firms part of OKBABY s.r.l.’s commercial network. The data controller is OKBABY s.r.l. – . – Via del Lavoro 26 – 24060 Telgate BG. The list of personnel responsible for processing the data is available at OKBABY s.r.l.’s head office. There is no obligation to submit personal data. If the user decides not to submit his/her personal data OKBABY s.r.l. will not be able to supply the product and /or the requested service.

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