Terms and conditions

General terms of sale

Art. 1 - General provisions

1. The user navigating in this area accesses the website babymonkey.com, accessible through the url: https://www.babymonkey.com. The navigation and transmission of a purchase order on the website imply acceptance of the Conditions and Data Protection Policies adopted by the same site.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the website, in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (D.lgs. no. 206/05 as amended by D.lgs. no 21/14 and D.lgs. 70/03) by:
   Sociedad Tessitura F.lli Grassi Snc
   Registered office: Via 5 Martiri, 21 - 24029 Vertova (BG)
   VAT No: 177270168
   Registered to the REA, nr. 02177270168
3. The user is obliged, before accessing the products supplied by the website, to read these General Terms of Sale that are generally understood and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and these General Terms of Sale whose terms Tessitura F.lli Grassi Snc reserves the right to modify unilaterally and without notice, indicating them on the website https://www.babymonkey.com.
5. It is possible to use the website and then access the products supplied by the same and the purchase thereof, in the following languages:
   • Italian;
   • English;
   • French;
   • Spanish;
   • German;
   • Others available from the drop-down menu.

Art. 2 - Subject

1. These General Terms of Sale regulate the offer, shipment and acceptance of orders to purchase products on babymonkey.com and do not regulate, on the other hand, the provision of services or the sale of products by subjects other than the seller who are present on the same website through links, banners or other hyperlinks.
2. Before placing orders and purchasing products and services from different subjects, we suggest checking their terms of sale.

Art. 3 - Conclusion of contract

1. To conclude the purchase contract, it will be necessary to fill in the form in electronic format and transmit it following the corresponding instructions.
2. The form contains the reference to the General Terms of Sale, the images of each product and its price, the means of payment that can be used, the modalities of delivery of the purchased products and the corresponding shipping and delivery costs, a reference to the conditions for the exercise of the right of withdrawal; modalities and time limits for the return of purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Terms of Sale, including the Information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form completed by the user, after checking the accuracy of the data contained therein.
5. The buyer will be obliged to pay the price from the moment the online order process ends. This will be done by clicking the "Confirm Order" button at the end of the wizard.
6. At the conclusion of the contract, the seller takes over the order for processing.

Art. 4 - Registered users

1. By completing the registration procedures, the user is obliged to follow the indications present on the website and to provide their personal data correctly and truthfully.
2. Once registered, the user will receive a confirmation email at the address provided. For reasons not attributable to Tessitura F.lli Grassi snc, the confirmation email can be delivered in the SPAM folder of the user’s provider: the latter is obliged to also verify that folder.
3. The confirmation will in any case exempt Tessitura F.lli Grassi from any responsibility for the data provided by the user. The user is obliged to immediately inform Tessitura F.lli Grassi snc of any variation of their reported data.
4. If the user communicates incorrect or incomplete data, or even if there is any objection on the part of the interested parties about the payments made, Tessitura F.lli Grassi snc will have the power not to activate or suspend the service until the corresponding errors are corrected.
5. In the first request of activation of an account by the user, the creation of an account will be requested with the identification fields "username" and "password". The latter acknowledges that these identifiers constitute the validation system of the user’s access to the Services and the only system capable of identifying the user that acts performed through such access will be attributed to him and will have binding effect on his comparisons.
6. The user undertakes to maintain the confidentiality of his access data and to guard it with due care and diligence and not to assign them also temporarily to third parties.

Art. 5 - Availability of products

1. The availability of the products refers to the actual availability at the time the buyer places the order. However, this availability should be considered merely indicative because, due to the simultaneous presence of several users on the website, the products can be sold to other customers before the order confirmation.
2. Even after sending the order confirmation email, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically rectified with the removal of the unavailable product and the buyer will be informed immediately by email.
3. If the buyer requests the cancellation of the order, terminating the contract, Tessitura F.lli Grassi snc will reimburse the amount paid within 20 days of the date on which Tessitura F.lli Grassi snc became aware of the buyer’s decision to terminate the contract.

Art. 6 - Products offered

1. Tessitura F.lli Grassi snc sells on the website babymonkey.com:
   • Baby wearing supports such as woven wraps and baby carriers;
   • Babywearing accessories as winter covers;
   • Pregnancy and lactation cushion;
   • Textile products for children, such as mats, teepee tents, cushions;
   • Bags, backpacks and other clothing accessories for children and/or mothers;
   • Fabrics per metre and/or cuts,
   • Any sewing accessory (e.g. zippers, buttons...);
   • Other items visible on the website catalogue at babymonkey.com
2. The offer is detailed on our site at the link: https://www.babymonkey.com

Art. 7 - Payment methods and prices

1. The price of the products will be indicated on the website, unless there is a manifest error.
2. In case of error, Tessitura F.lli Grassi snc will notify the buyer as soon as possible allowing the order confirmation to the correct amount or cancellation. In any case, Tessitura F.lli Grassi will not be obliged to supply what was sold at the wrong lower price.
3. The prices indicated on the site do not include shipping costs. Prices may change at any time. The changes do not affect orders for which the order confirmation has already been sent.
4. Once the desired products are selected, they will be added to the cart. Simply follow the checkout instructions, entering or verifying the information required at each step of the process. Order details can be changed before payment.
5. Payment methods vary according to the country of destination of the product. It is selected from those available during the ordering phase. The main payments are:
   • Credit cards;
   • Paypal;
   • Bank transfer;
   If the customer wishes to use a payment method different from those available during the ordering phase, they can request it sending an mail to [email protected].
6. The prices indicated on the website include the VAT where the payment of this tax is the responsibility of Tessitura F.lli Grassi. The calculation of VAT is based on the classification of the product, the legal nature of the recipient and the country of destination. During the purchase process, when the destination address is selected, the VAT calculation can be updated depending on the destination address. You may have to pay local duties and/or taxes to the carrier selected for shipment. For example, if an Italian customer purchases a product by sending it to Switzerland, he will not pay VAT to Tessitura F.lli Grassi (art.8 exemption), but will be subject to customs, having to pay Swiss taxes and duties. This update is displayed before you select the payment method and validate the order.

Art. 8 - Delivery

1. Tessitura F.lli Grassi snc ships in all eligible countries at the order stage in the appropriate field on the "addresses" page of your account.
2. Tessitura F.lli Grassi snc will only deliver to the user’s address supplied at the time of purchase.
3. Delivery is made, on the Italian territory, usually within 3 - 5 days, or, if no delivery date is specified, within the estimated time at the time of selection of the delivery form and, in any case, no later than 30 days from the date of confirmation.
4. With respect to the countries of the European Union, the delivery will be made in 7 - 10 days, and in any case, within the maximum period of thirty days.
5. In territories outside the EU, delivery will take place in approximately 7 - 10 days and the order may be subject to local duties and/or taxes to be paid to the courier.
6. If the delivery is not possible, the order will be shipped to the deposit. In this case, a notice will specify the place where the order is and how to agree on a new delivery date.
7. If the order is held for pick-up, a new delivery date must be agreed and communicated to the courier.
8. If the delivery cannot take place for reasons not attributable to Tessitura Fratelli Grassi snc after thirty days from the date the order is available for delivery, we will assume that the contract is intended to be terminated.
9. As a result of the termination, the amounts, including delivery costs, shall be refunded, excluding any additional costs arising from the choice of a delivery method other than the standard method offered without undue delay and, in any case, within 10 days from the date of termination of the contract. The transport resulting from the avoidance of the contract may have additional costs that will be borne by the buyer.
10. The shipping costs are borne by the buyer and are stated explicitly at the time of placing the order.

Art. 9 - Transmission of risk

• The risks relating to the products shall be borne by the buyer from the moment of delivery. Ownership of the products shall be deemed to have been acquired as soon as full payment has been received for all amounts due in respect thereof, including shipping costs, or at the time of delivery, whichever is later.

Art. 10 - Commercial warranty and compliance

1. The seller is responsible for any defect of the products offered on the website, including the non-conformity of the items with the products ordered, in accordance with the provisions of Italian law. Defects caused by improper maintenance or improper use of the goods are not attributable to the seller.
2. If the buyer has concluded the contract as consumer, that is, any natural person acting on the site for purposes unrelated to the business or professional activity that may have, this warranty is valid provided that the defect is manifested within 24 months from the date of delivery of the products; the buyer submits a formal complaint concerning the defects within a maximum period of 2 months from the date on which the defect was recognised by the buyer; that the online return form is completed correctly or that is indicated by email to the e-mail address [email protected].
3. In the event of non-compliance, the buyer who has concluded the contract as a consumer shall have the right to obtain the restoration of conformity of the products without charge, by repair or replacement, either obtaining an adequate reduction of the price or the avoidance of the contract in relation to the contested goods and the consequent refund of the price.
4. All costs of return of defective products will be borne by the seller.

Art. 11 - Withdrawal

1. According to the legal provisions in force, the buyer has the right to cancel the purchase without any penalty and without specifying the reason, within the term of 14 days according to art. 64-65-66-67 of the D.lgs 206/2005 and of the European Directive (EU) 2019/2161 from the date of receipt of the products. Delivery and return costs are borne by the buyer, except for ongoing promotions specified on babymonkey.com at the time of purchase.
2. In case of multiple purchases made by the buyer with a single order and delivered separately, the 14-day period begins to count from the date of receipt of the last product.
3. The user who wishes to exercise the right of withdrawal of the purchase may send an email, indicating the order number and the username, to:
   [email protected] or [email protected]
4. The purchaser must exercise the right of termination by also sending any explicit declaration including the decision to withdraw from the contract or by transmitting the standard termination form, indicated in Annex I, Part B, D.Lgs 21/2014 not mandatory.
5. The goods must be returned to:
   Tessitura F.lli Grassi Snc
   Via 5 Martiri, 21
   24029 Vertova (BG)
   Italy
6. The goods must be returned in full, inside their original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the ability to verify compliance with the foregoing, the site will refund the amount of the products subject to termination within a maximum of 14 days.
7. The site may suspend the refund until the receipt of the goods or until the buyer proves that he has returned the goods.
8. The right of withdrawal will not apply if the services and products of Tessitura F.lli Grassi snc are included in the categories of art. 55 of D.Lgs 206/2005, as the supply of goods tailor-made or clearly customized.
9. The website will make the refund using the same payment method chosen by the buyer during the purchase. In case of payment by transfer, and if the buyer wishes to exercise their right of withdrawal, they must provide the bank details: IBAN, SWIFT and BIC necessary for the realization of the refund.

Art. 12 - Data Treatment

1. By using the website, you consent to the treatment of your personal data. This information is also valid for the purposes of Article 13 of EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and the free movement of such data.
2. Data controller is Grassi Luigi.
3. Responsible for the processing, appointed by the owner, is Grassi Silvia.
4. The data will be processed in Tessitura F.lli Grassi Snc, Via 5 Martiri 21, 24029 Vertova (BG).
5. The processing of data is carried out exclusively in electronic format, through computer means and media to ensure the security and confidentiality of the data. Stored information is protected against unauthorized access.
6. We process the data provided by users in relation to purchase orders, payments (which may contain name, address, contact details), IP address, all other data reported.
7. The purpose of the use of this data is the execution of the purchase order and payments, the communication of the same to third-party payment service providers, shipping and informational contacts about the activities and services of the site, offers of a commercial nature by subsidiaries and trading partners.
8. The provision of data and consent to processing for the purposes of the contract, that is, the execution of the order and the corresponding payment, is necessary for the conclusion and performance of the contract. Therefore, the refusal to provide such data or to consent to the corresponding processing results in the user being unable to purchase the products and services offered.
9. The provision of data and consent to processing for commercial communications purposes is optional. However, refusal to provide such data or consent to the processing of such data may result in the user not being able to receive such additional services.
10. The user always has the right to update, rectify or integrate their data, to delete, anonymously transform or block the data processed in violation of the law, including those whose retention is not necessary in relation to the purposes for which the data were collected or processed.
11. The user has the right to object, in whole or in part, to the processing of their personal data for legitimate reasons, whether they are relevant for the purpose of collecting and processing personal data concerning them for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
12. The user can also revoke at any time the consent for the processing of their data previously granted to Tessitura F.lli Grassi snc.
13. All rights under EU Regulation 2016/679 may be exercised by the user by writing to the following e-mail address: [email protected], or by making a request from the corresponding page "my account"
14. On the first visit the user will be invited to choose their own language and will offer the possibility to save the preferred language. For this purpose, the user authorizes the use of identification codes c.d. cookies, i.e. small files sent by their Internet server and recordable on the user’s computer hard disk.
15. The hard disk collects information about the user’s language preferences and stores the pages of the site visited. Cookies are used to prevent the user from receiving the same information repeatedly or in the wrong language, and to adapt the content and presentation of the site to the user’s browser type.

Art. 13 - Safeguard clause

1. In the event that one of the clauses of these General Conditions of Sale is void for any reason, this shall in no case affect the validity and compliance with the other provisions contained in these General Conditions of Sale.

Art. 14 - Contact information

1. Any request for information may be sent by e-mail to the following address: [email protected], by telephone to the following telephone number: +390357178487, and by mail to the following address:
   Tessitura F.lli Grassi Snc
   Via 5 Martiri, 21
   24029 Vertova (BG)
   Italy

Art. 15 - Temporary offers

1. The terms and conditions of any temporary offer are described in the "Promotions" tab visible to the link https://www.babymonkey.com/en/terms-and-conditions#Promotion. This tab is an integral part of these sales conditions.

Art. 16 - Applicable law and competent jurisdiction

1. These General Conditions of Sale shall be governed and interpreted in accordance with Italian law, without prejudice to any other mandatory rule in force in the country of habitual residence of the buyer. Consequently, the interpretation, execution and resolution of the General Terms of Sale are exclusively subject to Italian law.
2. Any disputes relating to or arising therefrom shall be settled exclusively by the Italian court. In particular, if the buyer has the status of Consumer, any dispute shall be settled by the court of the place of domicile or residence in accordance with the applicable law.

These conditions have been written on February 1st, 2024.