Terms and conditions

Terms and Conditions of Use – Baby In Store

Baby In S.r.l., with registered and administrative office in Foggia, Via Lorenzo Cariglia n. 40, CAP 71122, share capital of Euro 99,000.00 fully paid up, registered with the Foggia Companies Register FG – 135991 and Tax Code/VAT no. 01454510718, makes available to all users the possibility to purchase via Internet products of various brands through the website www.babyinstore.it.

General Notes

These general terms and conditions of sale are governed by the Italian Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments) and by the rules on e-commerce (Legislative Decree no. 70/2003 and subsequent amendments) and apply exclusively to distance selling via the web of the Products as identified and listed on the Site. In the event of changes to the Terms of Sale, the Terms of Sale published on the Site at the time the Customer submits the Order shall apply to the purchase order, as specified in the sections “Offer to the Public” and “Prices”.

Offer to the Public

The Products available to the public on www.babyinstore.it, together with the relevant Prices as shown on the Site, constitute an offer to the public in accordance with the methods specified in these Terms of Sale and on the Site itself. The terms of such offer apply exclusively to purchases made on the above-mentioned website. Purchase contracts entered into on the Site and relating to the Products are concluded with Baby In S.r.l..

Prices

All product prices shown on the Site include VAT. Delivery costs, as indicated in the following sections of these Terms of Sale, are in some cases charged to the Customer and are clearly detailed in the Purchase Order. The price applicable to the Products is the price shown on the Site at the time the Order is submitted, regardless of any previous offers or any subsequent price changes.

Order and Availability

To order a Product, you must be at least 18 years old or act with the consent of your parent or other legal guardian. You can order products by clicking on the items you wish to purchase and following the instructions on the screen. You may review and correct any input errors in the order up until you place the order. The display of our products on the website is a non-binding opportunity for you to place an order and therefore make us an offer to enter into a contract with us. After placing an order, we will send you an email containing an order number confirming that we have received your order. Please note that this does not mean your order has been accepted. Your order constitutes an offer to purchase a product from us. All orders are subject to our acceptance. We are not obliged to accept your order and may, at our discretion, refuse to accept an order. However, you confirm that by clicking the “place order” button you agree to pay for the product(s). If we accept your order, we will confirm acceptance by sending you a confirmation email stating that the order will move to “processing” status and, subsequently, that the Product has been shipped (“Shipping Confirmation”). The contract between you and us relating to the ordered Product(s) (“Contract”) will be formed only when we send you the Shipping Confirmation. Once the Contract has been formed, we are legally obliged to deliver the goods to you in accordance with the Contract. The Contract relates only to the Product(s) we have confirmed in the Shipping Confirmation. We are not obliged to supply any other product(s) that may be part of your order until the shipment of that product(s) has been confirmed in a separate Shipping Confirmation. We do not store the text of the Contract after it has been concluded. You can print and save the Contract information provided in the Shipping Confirmation.

Product Warranties

a) Legal warranty for the Consumer Customer

From 1 January 2022, the new provisions introduced by Legislative Decree no. 170/2021, amending the Italian Consumer Code and implementing EU Directive 2019/771, apply to sales contracts concluded after that date between a consumer and a seller. This reforms the rules on conformity of goods, remedies in the event of lack of conformity, how such remedies may be exercised, and commercial warranties.
Among the main innovations is the distinction between “subjective” and “objective” conformity requirements. This is largely a formal distinction. Consumer protection is strengthened, particularly through the elimination of the consumer’s obligation to report defects within two months of discovery under penalty of forfeiture.
Also with the aim of strengthening consumer protection, the presumption that defects existed at the time of delivery is extended to one year, instead of the six months provided for by previous rules. This presumption is even extended for the entire duration of supply in the case of digital goods and services, unless such extension is incompatible with the nature of the goods or the nature of the lack of conformity.
The consumer may refuse to pay any part of the price until Baby In has fulfilled its obligations under the warranty.

b) Legal warranty for the non-Consumer Customer (Professional)

The Professional Customer, as defined in Article 3 of the Italian Consumer Code, is entitled to rely on the legal warranty provided by the Italian Civil Code. This warranty provides, among other things, that the non-Consumer Customer must, under penalty of forfeiture, notify Baby In of any lack of conformity found in the purchased product within 8 (eight) days from discovery.
The above legal warranty is valid for a maximum period of 12 (twelve) months from delivery of the Product. After that period, Baby In shall not be liable for any lack of conformity found by the non-Consumer Customer. To make use of the warranty, we recommend presenting the proof of purchase.

Personal data processing
Customer data are processed by Baby In in accordance with applicable legislation on personal data protection and its proper compliance with current regulations. Therefore, pursuant to EU Regulation no. 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, PLEASE SEE the dedicated section (Baby In S.R.L. Privacy Policy).

Communications

Any communication may be addressed to Baby In using the channels listed in the “Contact Us” section of the Site.

Jurisdiction

It is understood that, in accordance with Article 63 of Legislative Decree no. 206/2005, in the event of a purchase made by a person who, pursuant to Article 3 of the above decree, must be considered a natural person-consumer, any legal disputes that may arise between the parties for reasons related to the concluded commercial transaction shall fall under the territorial jurisdiction of the court of the place of residence or domicile of the consumer, if located within the territory of the State.