General Conditions of Sale

 

Scope of Application

1.1. These General Conditions of Sale (hereinafter also "General Conditions") regulate the offer and sale of products carried out by Eldorado Srls, with registered office at Via Roma, 28, 61028 Auditore (PU), VAT number 02560250413, (hereinafter also the "Company" or "Babilion") through the website www.babilion.net (hereinafter, the "Site").

1.2. These Terms and Conditions apply exclusively to sales made to consumers, as defined in Article 3 of the Consumer Code, i.e., natural persons acting for purposes outside their business, commercial, artisanal, or professional activities (hereinafter, the "Customers" or the "Customer"). Eldorado Srls reserves the right not to accept orders from individuals who do not fall within the definition of consumers.

Conclusion of the Contract and Availability of the Products

2.1. To conclude the purchase contract, the Customer must complete and submit the order via the Site, after accepting these General Conditions of Sale and having read the information on the right of withdrawal and the processing of personal data.

2.2. The sending of a purchase order by the Customer (the “Order”) constitutes acceptance of the offer to the public presented by Babilion via the Site and, therefore, receipt of the Order by the Company perfects a binding sales contract with respect to the Products selected by the Customer, which will be entirely governed by the General Conditions in force at the time of conclusion of the same (the “Contract”).

2.3. Before confirming and sending the Order, the Customer is therefore required to check the summary to ensure that the selected Products and all the data provided are correct. The Customer will then receive a summary containing:

• Essential characteristics of the products ordered;
• Total price, including taxes (in EU countries only) and shipping costs;
• Payment methods and delivery times.

2.4. The Customer is informed that the transmission of the Order entails an obligation to pay the fee indicated therein by clicking on the "Confirm Order" button.

2.5. Once the Order has been received, the Company will send the Customer an email confirming receipt of the Order, containing the number and details of the Order placed ("Order Confirmation"), and the Customer must retain the data provided in order to access the after-sales assistance service and for any further communication with the Company.

2.6. The Customer can purchase an unlimited number of items of the same size/measurement for each Product with a single order.

2.7. The Company may refuse to accept orders that are incomplete, incorrect, or do not offer sufficient guarantees of solvency. Should the Company believe that such conditions exist on the part of the Customer, or should there be a report or suspicion of fraudulent or illegal activity, the Company reserves the right, without limitation, to refuse further Orders and/or to cancel those already confirmed.

2.8. All orders are subject to availability verification. If the Products on the Site are no longer in stock, or if they become unavailable in any other way, at the time the Order is placed, Babilion will promptly notify the Customer of the unavailability of the Products, and in any case within 14 days from the day after receiving the Order.

2.9. If the Customer has already paid the price of the Products whose Order has been refused or cancelled, even following any unavailability of the Products, the Company will refund the Customer the amount paid in advance and the contract will be considered terminated between the parties.

Product Features

3.1 The Products offered for sale through the Site are of excellent quality and value, purchased by the Company from carefully selected manufacturers and retailers, who follow rigorous quality controls.

3.2 The description and essential characteristics of the Products, including details and composition, fit, colors, and sizes (where applicable), are presented on the Site within each product page, together with one or more digital photographs. Although the Company takes steps to ensure that the photographs displayed on the Site are faithful reproductions of the original products, the images and colors of the Products offered for sale on the Site may not be perfectly representative of their actual characteristics due to the browser and/or devices used to access the Site. Babilion cannot be held responsible for any inconsistencies in the graphic representations of the Products displayed on the Site due to the aforementioned technical reasons.

Prices and Payments

4.1. All prices listed on the Site are in euros (€) and include VAT, for EU countries only. Any shipping costs are indicated separately before order confirmation. Any duties or customs charges for non-EU countries will be calculated separately by the customs authorities of the destination country and will be borne by the customer.

4.2. The Customer can make payment using the following main methods:

• Credit/Debit Card : If you pay by credit card, your financial information (for example, your credit/debit card number or expiration date) will be forwarded, via encrypted protocol, to the platforms that provide the relevant remote electronic payment services, without any third party access to it. Furthermore, this information will never be used by the Company except to complete the purchase process and issue refunds in the event of product returns following the exercise of the right of withdrawal.
• PayPal : Payment for products purchased on the site can also be made using PayPal. If the Customer chooses PayPal as their payment method, they will be redirected to www.paypal.com, where they will pay for the products according to the procedure established and regulated by PayPal and the terms and conditions of the contract agreed between the Customer and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will never be transmitted or shared with Babilion, which will remain independent of them. The Company will also remain independent of any other customer data relating to other payment methods connected to that account. In the case of payment via PayPal, the total amount due will be charged by PayPal to the Customer upon conclusion of the contract via the site. In the event of termination of the purchase contract or in any other case of refund, for any reason, the amount refunded to the Customer will be credited to their PayPal account. The time required for re-crediting the payment method connected to that account will depend exclusively on PayPal and the banking system. Once the re-credit order has been issued to this account, Babilion cannot be held responsible for any delays or omissions in the actual re-credit to the Customer, who must contact PayPal directly to contest any delays or omissions.

For more available payment methods, please visit the Payment Methods section.

4.3. The Company reserves the right to take anti-fraud measures and refuse unauthorized payments.

4.4. Customers who have received a promotional code to use on the Site via newsletters, social networks, or approved promotional websites may enter this code during Order confirmation. Each code is strictly personal and has a start and end date of validity, and this time limit cannot be extended in any way. Furthermore, the Customer acknowledges that each code can only be used on Products selected by the Company at its sole discretion and cannot be extended in any way to other Products on the Site.

4.5. The customer can request an invoice for their order through the contact us section.

Shipping and Delivery

5.1. Delivery will be made to the address indicated by the Customer. The maximum delivery time is 30 days from order confirmation, except for products marked as pre-ordered and in cases of force majeure. The delivery times indicated on the Website or during the order confirmation are purely indicative and must be confirmed upon acceptance of the Customer's order.

5.2. Confirmed Orders are processed by the Company from Monday to Friday, and the Company reserves the right to ship the Products the day after receiving the order; for orders placed by the Customer after 11:00 a.m. on Friday, the order may be confirmed the following Monday.

5.3. In the event of a significant delay in delivery attributable exclusively to the Company, the Customer has the right to withdraw from the contract and obtain a refund within 14 days.

5.4. Deliveries may be made to all countries on all continents. However, if it is not possible to ship to any of these countries due to contractual agreements between Babilion and the manufacturer of the ordered Product, Customers residing in those countries are prevented from purchasing the Product, without this entailing any liability for the Company.

5.5. Shipping costs are detailed on the Site and are summarised below for example:

- Italy:

Shipping costs: €10 for orders under €79

- other European countries:

Shipping costs: from €25 for orders under €300

Countries included: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

- Japan:

Shipping costs: from €39 for orders under €300

The prices listed on the website for Japan do not include customs duties, which are the customer's responsibility; the relevant amount must be paid to the courier according to the methods indicated by the courier itself.

- Hong Kong:

Shipping costs: from €39 for orders under €300

The prices listed on the website for Hong Kong do not include customs duties, which are the customer's responsibility; the relevant amount must be paid to the courier according to the methods indicated by the courier itself.

- Republic of Korea (South Korea):

Shipping costs: from €39 for orders under €300

The prices listed on the website for the Republic of Korea do not include customs duties, which are the customer's responsibility; the relevant amount must be paid to the courier according to the methods indicated by the courier itself.

- United Kingdom:

Shipping costs: from €39 for orders under €300

The prices listed on the website for the UK do not include customs duties, which are the customer's responsibility; the relevant amount must be paid to the courier according to the methods indicated by the courier itself.

- United States:

Shipping costs: from €39 for orders under €300

The prices indicated on the website for the United States of America do not include customs duties, which are the responsibility of the customer.

The corresponding amount must be paid to the courier according to the methods indicated by the courier itself; in order to make the delivery, the United States government's consumer agency may require the Social Security Number (SSN).

- Swiss:

Shipping costs: from €39 for orders under €300

The prices listed on the website for Switzerland do not include customs duties, which are the customer's responsibility; the relevant amount must be paid to the courier according to the methods indicated by the courier itself.

- Rest of the world:

Shipping costs: Shipping costs can range from €25 to €70 and will be specified at checkout before completing the order. Customers are informed that any customs duties and import taxes are always the responsibility of the customer. The relevant amount must be paid to the courier according to the methods indicated by the courier.

5.6. The Customer is required to inspect the Products upon delivery and immediately report any damage to the courier and to Babilion, including any damage to the packaging. If the Customer claims damage to the Products and/or quantitative non-conformity of the ordered Products, he or she must immediately report this on the shipping document by signing it with "reserve" and inform the Company of the incident via the "Contact Us" section no later than 3 days after delivery, attaching photographic evidence of the reported damage. In this case, Babilion reserves the right to verify and evaluate the complaint prior to delivery, and the Company may indicate the shipping method for the Product deemed damaged to Babilion. The Customer must send the purchased item to Babilion within the deadline specified therein, at no additional cost. Once Babilion has verified the Customer's complaint, the Company will replace the missing or damaged Product, in accordance with the Customer's Order, unless the product in question is no longer available. The Company will promptly refund the Customer the price of the order. If Babilion finds the complaint unfounded, it will not be able to accept the Customer's request. In this case, the product will be returned to the sender at the original shipping address, with shipping costs charged to the Customer.

5.7. In countries where this is possible, the Customer can choose delivery to the desired address, or request collection from UPS or DHL (shipping agent), which consists of the Customer collecting the goods from the UPS or DHL branch closest to his or her address or from a UPS Access Point.

5.8. For some Products requiring bulky packaging, shipping costs may vary from those indicated in section 5.5. In any case, the amount to be paid will be calculated at checkout and communicated to the customer before completing the order. In this case, if multiple Products are ordered, or the purchased Product requires bulky packaging, Babilion will contact the customer via email after completing the order (to the email address entered during order confirmation) to request payment for shipping bulky packages. The fee will be calculated each time based on the volume of the package, and the payment request will be sent via the payment method used for the purchase, unless otherwise agreed with the Customer.

5.9. When the Order is entrusted to the courier, Customers will receive a notification email from UPS or DHL providing the waybill number (AWB) relating to the order to monitor the progress of the shipment. Customers can visit the website http://www.ups.com or https://www.dhl.com and enter the tracking number indicated in the shipment confirmation email.

5.10. The Customer agrees to accept delivery of the shipment relating to their order. If delivery of the Product is unsuccessful at the address provided by the Customer due to reasons attributable to the Customer's lack of cooperation (for example, but not limited to: incorrect/incomplete telephone number, incorrect/incomplete address, recipient absent) or if the Customer refuses to accept delivery, the Product and its packaging will be returned to the sender, Babilion, in Italy, at the Customer's expense. These costs include shipping costs and any customs duties; they will be deducted from any refund due.

Right of Withdrawal

6.1. The Customer has the right to withdraw from the contract within 14 days of receiving the products, without penalty and without specifying the reason. After this period, returns will no longer be accepted.

6.2. If the Customer has a registered account on the Site, he or she may exercise the right of withdrawal by accessing the "My Orders" section, selecting the order he or she wishes to return, and then selecting the "Return" button, or by sending a communication through the "Contact Us" section of the Site, and in any case within 14 days of receiving the Products.

6.3. If the Customer does not have a registered account on the Site, to exercise the right of withdrawal, select the "How to make a return" button at the bottom of each page of the Site and then follow the indicated procedure, or send a communication through the "Contact us" section, selecting the reason "Return of an order" and indicating the order number, in any case within 14 days of receiving the order. To withdraw from the contract, the customer may also send another declaration clearly stating their intention to withdraw.

6.4. The right of withdrawal - in addition to compliance with the terms and conditions described in this Article 6, is deemed to be correctly exercised by the Customer if the following conditions are also fully respected:

• the Products must not have been used, worn, washed;
• the identification tag must still be attached to the products and constitutes an integral part of the goods;
• Products must be returned in their original packaging, with the original labels, wrapping and other accessories (including but not limited to dust bags, garment covers, etc.) received in the packaging;
• Original product packaging must not be used as packing boxes for return shipments.
• the returned Products must be delivered to the carrier within fourteen (14) days from when the decision to withdraw from the contract was communicated to the Company;
• the Products must not be damaged;
• the soles of the shoes must be in the same condition in which they were sent, without any signs of wear and/or of any other kind;
• Swimwear and underwear (bikinis, briefs, boxers, etc.) must be tried on over your own underwear. Returns will be refused and returned to the customer if the items show signs of wear.

6.5. The costs for each return are borne by the Customer.

6.6. If the right of withdrawal is exercised according to the methods and terms indicated in this article, Babilion will refund any sums already received for the purchase of the products according to the methods and terms set out below.

6.7. The sums will be refunded to the Customer as quickly as possible and, in any case, within fourteen (14) days of receipt by Babilion of the returned goods and once the correct execution of the terms and conditions indicated above has been verified.

6.8. If the terms and conditions for exercising the right of withdrawal are not complied with, the Customer will not be entitled to a refund of the amounts already paid to the Company. Within 14 days of sending the email notifying the non-acceptance of the return, the Customer may choose to receive, at his or her own expense, the Products in the condition in which they were returned to the Company, by notifying the Company in writing, according to the procedures communicated to the Customer. Otherwise, Babilion may retain the Products, in addition to the amounts already paid for their purchase.

6.9. The Company will refund the purchase price using the same payment method used for the returned products, unless the Customer has expressly agreed with the Company to use a different payment method.

6.10. If the recipient of the products indicated on the order form is not the same as the person who made the payment for their purchase, the refund, in the event the right of withdrawal is exercised, will be made by Babilion, in any case, to the person who made the payment.

6.11. The Customer may decide to use a different shipping company to return the products than the one used by Babilion for delivery. In any case, the Customer will be responsible for any loss or damage to the products.

6.12. The right of withdrawal does not apply to:

• Products that constitute a personalized offer upon request of the Customer;
• Products containing diamonds.

6.13. The Customer acknowledges that Babilion constantly monitors the number of returns made: frequent returns that do not comply with the terms and conditions set forth in this article will be flagged. Babilion reserves the right to close the account or not fulfill future orders of Customers who continue to violate the terms and conditions of this article.

Legal Guarantee of Conformity

7.1. Babilion is liable for any lack of conformity that appears in the Products sold to the Customer within two years of delivery of the goods.

7.2. Unless proven otherwise, it is presumed that any defects of conformity that become apparent within the first 12 (twelve) months from the date of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of conformity.

7.3. In the event that the Customer believes that the purchased Product presents a lack of conformity, the Customer 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 the sales contract, unless the request is unfounded, objectively impossible to satisfy, or is excessively onerous for Babilion pursuant to the Consumer Code.

7.4. The request must be submitted by the Customer in writing, through the "Contact Us" section of the Website, accompanied by detailed information on the defect found and subsequently supported by photographs of the Product where the Customer believes the defect is located. Babilion will provide a written response within 5 business days and will indicate the shipping methods for the item to Babilion. The Customer must send the purchased item to Babilion within the specified timeframe, at no additional cost. Babilion will collect the item deemed defective and inspect it (for watches and jewelry, in appropriate specialized laboratories). If no defect is found, Babilion will not be able to accept the Customer's request and reserves the right to charge the customer for shipping costs.

7.5. If the checks reveal the existence of a defect of conformity and the repair or replacement of the goods is possible, Babilion will communicate its willingness to proceed with such operations.

7.6. If the checks reveal the existence of a lack of conformity and Babilion has accepted the Customer's request for a price reduction or termination of the sales contract, Babilion will indicate the proposed price reduction or the methods of reimbursement of the price paid for the purchase of the defective item. Within seven days of receiving such communication, the Customer undertakes to provide written feedback to Babilion. In the absence of such feedback, Babilion will refund the Customer the price previously indicated.

7.7. It is understood that the Customer will not be entitled to exercise the Guarantee in the following cases:

• in the absence of proof of purchase;
• if the Product has been damaged, modified or otherwise altered by the Customer or third parties;
• in the absence of the original labels, some of the Products and/or accessories;
• in case of improper use of the product;

Force Majeure

8.1. Babilion shall not be liable for any failure or delay in performing any of its obligations under the Agreement and/or these Terms and Conditions caused by events beyond its reasonable control, such as strikes, lockouts or other industrial action, civil commotion, invasion, terrorist attack (even threatened), war (declared or not) or threat of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, impossibility of using railways, maritime transport, aircraft, motor transport or other public or private means of transport, impossibility of using public or private telecommunications networks, acts, decrees, rules, regulations or limitations imposed by governments and/or public authorities (“Force Majeure”).

Intellectual property

9.1. Babilion and all its contents are the property of Eldorado srls; this includes documentation, images, fonts, designs, music, software, codes, and format scripts. The material contained on the website is protected by copyright.

9.2. Any reproduction, alteration, transmission, publication or redistribution to third parties for commercial purposes is strictly prohibited without the express written consent of Eldorado srls.

9.3. Eldorado srls prohibits the use of the content or trademarks on the site for any purpose other than those mentioned above.

Applicable Law and Dispute Resolution

10.1. The sales contract between the Company and the Customer is governed by Italian law, with particular reference to the Consumer Code (Legislative Decree 206/2005) and Legislative Decree 70/2003 on electronic commerce.

10.2. Customers residing in a European Union member state have the option of using the platform for alternative out-of-court dispute resolution (ODR) for distance selling, accessible at https://ec.europa.eu/odr. Through this platform, the Customer and the Company can resolve disputes relating to purchases made under these General Conditions with the assistance of an impartial body.

10.3. Eldorado Srls reserves the right to modify these General Conditions of Sale, including as a result of legal changes. The changes will be effective upon publication on the Website.