Terms and conditions

These Terms govern

  • the use of this Website e

  • any other Agreement or legal relationship with the Owner

in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is asked to read this document carefully.

 

The person responsible for this Website is:

Baldi Srl - VAT and Tax Code 01667640476 - REA PT-0169250 Via Bologna 2 - 51039 Quarrata (PT) - Italy

Email address of the Holder: info@baldiflex.it

 

To know at a glance

  • Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. These limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.

  • The right of withdrawal applies only to European Consumers.

Terms of Use

Unless otherwise specified, the conditions of use of this Website set out in this section are generally valid.

Further conditions of use or access applicable in particular situations are expressly indicated in this document.

By using this Website the User declares to satisfy the following requirements:

Registration

To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
You can also use the Service without registering or creating an account. In this case, however, certain functions may not be available.

It is the responsibility of the Users to store their access credentials securely and preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.

By creating an account, the User agrees to be fully responsible for any activity carried out with his access credentials.
Users are required to inform the Owner immediately and unequivocally via the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, have been violated, illicitly disclosed or subtracted.

Account Closure

The User is free to close his account and cease using the Service at any time by following this procedure:

  • By contacting the Owner at the contact details in this document.

Account suspension and cancellation

The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.

The suspension or cancellation of the account does not give the User any right to compensation, refund, or indemnity.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Website

Unless otherwise specified or clearly recognisable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable legislation or third party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to legally enforceable rights and claims, Users are requested to direct their complaints to the contact details specified in this document.

Rights to the contents of this Website

The Owner expressly holds and reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use the content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without exclusion, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicenses, transforming, transferring/assigning to third parties or creating works derived from the content available on this Website, to allow third parties to undertake such activities through your User account or device, even without your knowledge.

Unless expressly stated otherwise on this Website, the User is authorized to download, copy and/or share certain content available on this Website solely for personal and non-commercial purposes, provided that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstances required by the Owner.

The limitations and exclusions provided for by copyright law remain unchanged.

Access to external resources

Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the relevant terms and conditions or, in their absence, by law.

Permitted use

This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and under applicable law.

It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate the law, regulations or rights of third parties.

Therefore, the Owner reserves the right to take any measures suitable to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any reprehensible activities carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authority - whenever the User engages in or there is suspicion that they engage in:

  • violations of laws, regulations and/or the Terms;

  • infringements of third-party rights;

  • acts that may significantly prejudice the legitimate interests of the Data Controller;

  • offenses against the Owner or a third party.

Terms and conditions of sale

Paid products

Some of the Products offered on this Website as part of the service are subject to charges.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.

Product Description

Prices, descriptions and availability of Products are specified in the respective sections of this Website and are subject to change without notice.

Although the Products on this Website are presented with the utmost technical accuracy possible, the representation on this Website through any means (including, where applicable, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product. In particular, the colors and designs of the Products' quilted patterns may vary based on production needs and stock availability, while the main characteristics of the products will remain unchanged.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase Procedure

Each phase, from choosing the product to placing the order, is part of the purchasing procedure.

The purchase procedure includes the following steps:

  • Users are asked to choose the desired Product and verify their purchasing choice.

  • After checking the information visible in the purchase choice, Users can place the order by submitting it.

Sending the order

Sending the order involves the following:

  • The submission of the order by the User constitutes the conclusion of the contract and creates an obligation for the User to pay the price, taxes, and any additional charges and expenses, as specified on the order page.

  • In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the obligation of the User to collaborate consequence.

  • Once the order has been submitted, Users will be sent a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

The prices on this Website:

  • include all applicable fees, taxes and charges.

Means of payment

The details relating to the accepted means of payment are highlighted during the purchase procedure.

Some payment methods are subject to additional conditions or incur extra costs. Detailed information is provided in the relevant section of this Website.

Reservation of ownership

Until payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contacts listed in this document or as described in the delivery note.

For the purpose of any reporting, original packaging, leaflets, labels, and containers are also valid, and must be kept until the correct verification of the shipment's contents.

In the case of vacuum-packed products, it is required to open them within 5 days of delivery, otherwise the warranty terms will be invalidated.

Users can refuse to accept the package if it is visibly damaged.

Delivery may take place in the countries or territories specified in the relevant section of this Website.

Delivery times are indicated on this Website or during the purchase procedure.

Unless otherwise specified on this Website or agreed with the User, the Products are delivered within thirty (30) days of purchase.

Delivery failure

The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been appointed by the 'User.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, any delivery attempt starting from the second will be the responsibility of the User.

User Rights

Right of withdrawal

Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who enjoys the right of withdrawal

Where one of the exceptions listed below does not apply, Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.

To this end, the User can use the standard withdrawal form found in the definitions section of this document. The User is, however, free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal deadline expires.

When does the withdrawal deadline expire?

  • In the case of purchasing goods, the withdrawal period expires 14 days after the day on which the User or a third party – appointed by them and different from the courier – takes possession of the goods.

  • In the case of purchasing multiple goods ordered together but delivered separately or in the case of purchasing a single good made up of different lots or pieces delivered separately, the withdrawal period expires 14 days from the day on which the User or a third party – appointed by them and different from the courier – takes possession of the last of the goods, lots, or pieces.

  • In the case of purchasing customized goods, as per the provisions of Art. 59, letter c) of the Consumer Code, the terms for the application of the right of withdrawal expire.

Effects of withdrawal

The Owner refunds all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the increased cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.

The refund is made without undue delay and in any case within 14 days from the day on which the Holder was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same payment method used for the initial transaction. The User shall not incur any costs as a result of the withdrawal.

... on contracts for the purchase of tangible goods

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by the Owner to receive them without undue delay and in any case within 14 days from the day on which they communicated their intention to withdraw from the contract.

The deadline is respected if the delivery of the goods to the courier or other authorized person occurs before the expiry of the 14 day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof of having returned them.

The User is responsible for the decrease in the value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics and functioning.

The shipping costs for the return are the responsibility of the User.

Legal guarantee of Product conformity

According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to ensure that the purchased goods have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.

If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Website in accordance with the laws of the country in which they habitually reside.

The national laws of that country may grant such Users broader rights.

In particular, Consumers resident in France can exercise their conformity guarantee rights within two years of delivery of the goods without having to produce proof of the defect or lack of conformity. The period of time for which the Consumer is exempt from producing proof is reduced to six months in the case of used goods.

By exercising the warranty right, the Consumer can choose between requesting the replacement or repair of the defective good under the conditions specified in the French Consumer Code.

This legal guarantee of conformity is applicable regardless of any further commercial guarantee granted by the Owner.

The Consumer can also exercise the warranty right for hidden defects pursuant to the relevant provisions of the French Civil Code, choosing between withdrawal from the purchase and price reduction.

Consumers who are not acting as European Consumers may have conformity guarantee rights under the law of the country in which they habitually reside.

Limitation of Liability and Indemnity

European Users

Indemnity

The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, and employees from any claim or demand – including, without limitation, costs and legal fees – made by third parties due to or in connection with negligent behaviors such as the use or connection to the service, violation of these Terms, violation of third-party rights or laws by the User, its affiliates, officers, agents, co-brand owners, partners, and employees, to the extent permitted by law.

Limitation of liability for User activities on this Website

Unless otherwise specified and subject to the applicable legal provisions regarding liability for product damage, any claim for damages against the Owner (or any natural or legal person acting on their behalf) is excluded.

The above does not limit the liability of the Owner for death, personal injury, or physical or mental integrity, damages arising from the violation of essential contractual obligations, such as those strictly necessary for achieving the purpose of the contract, and/or damages caused by willful misconduct or gross negligence, provided that the User's use of this Website has been appropriate and correct.

Unless the damages were caused by willful misconduct or gross negligence, or affect life and/or personal, physical, or mental integrity, the Holder is liable only to the extent of typical damages for the type of contract and foreseeable at the time of conclusion.

Common provisions

No implicit waiver

The failure of the Holder to exercise any legal rights or claims arising from these Terms does not constitute a waiver of such rights. No waiver may be considered definitive in relation to any specific right or any other right.

Service Interruption

To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other modification, giving appropriate notice to the Users.

Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information in accordance with the provisions of the law.

Furthermore, the Service may not be available due to reasons beyond the reasonable control of the Owner, such as causes of force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).

Service Resale

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of this Website.

Intellectual property

"Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyright, trademarks, patents, and designs related to this Website are exclusively held by the Owner or its licensors and are protected under the applicable laws and international treaties concerning intellectual property."

All trademarks – whether word marks or figurative marks – and any other distinctive signs, business names, service marks, illustrations, images, or logos that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties concerning intellectual property.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.

The changes will have effects on the relationship with the User only for the future.

Continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must stop using the Service. Failure to accept the updated Terms could result in either party being entitled to withdraw from the Agreement.

The applicable previous version continues to govern the relationship until accepted by the User. This version can be requested from the Owner.

Any modification of these Terms will be communicated in writing at least one month before it becomes effective. If the Consumer does not accept the modified Terms, they will have the right to withdraw from the Agreement without suffering any detriment and without any right to compensation within four months from the date on which the modifications to the Terms became effective.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.

The modification provisions of these Terms apply.

The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of this Website must be sent to the addresses indicated in this document.

Safeguard clause

Should any of the provisions of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.

For USA users

Any invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective, and in accordance with its original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated subject matter and prevail over any other communication, including any previous agreements, between the parties regarding the regulated subject matter.
These Terms will be enforced to the fullest extent permitted by law.

European users

Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective provision to replace the void, invalid or ineffective one.
In case of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal framework.

Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract had they known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.

Applicable law

The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of conflict of law rules.

Competent forum

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the judge of the place where the Owner is established, as indicated in the relevant section of this document.

Dispute Resolution

Amicable settlement of disputes

Users can report any disputes to the Owner, who will try to resolve them amicably.

Although the right of Users to bring legal action remains unaffected, in the event of disputes relating to the use of this Website or the Service, Users are asked to contact the Owner at the contact details indicated in this document.

The User can address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.

The Holder will process the request without undue delay and within 21 days of its receipt.

Consumer dispute resolution platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, every European Consumer can use this platform to resolve any disputes arising from contracts concluded online. The platform is available here.

Definitions and legal references

This Website (or this Application)

The structure that allows the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Commercial User

Any User who does not meet the definition of Consumer.

European (or Europe)

Defines a User physically present or with registered office in the European Union, regardless of nationality.

Withdrawal form template

Addressed to:

Baldi Srl - VAT and Tax Code 01667640476 - REA PT-0169250 Via Bologna 2 - 51039 Quarrata (PT) - Italy
info@baldiflex.it

I/we hereby notify the withdrawal from my/our contract of sale of the following goods/services:

_____________________________________________ (insert here a description of the goods/services from whose purchase you intend to withdraw)

  • Ordered on: _____________________________________________ (insert date)
  • Received on: _____________________________________________ (insert date)
  • Name of consumer(s):_____________________________________________
  • Address of the consumer(s):_____________________________________________
  • Data: _____________________________________________

(sign only if this form is notified in paper version)

Owner (or We)

Indicates the natural or legal person who provides this Website and/or offers the Service to Users.

Product

A good or service that can be purchased through this Website, such as a tangible good, digital files, software, booking services, etc.

The sale of a Product may be part of the Service, as defined above.

Service

The service offered through this Website as described in the Terms and on this Website.

Terms

All conditions applicable to the use of this Website and/or the provision of the Service as described in this document as well as in any other document or agreement related to it, in their most updated version.

User (or You)

Means any natural person who uses this Website.

Consumer

Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his entrepreneurial, commercial, artisanal or professional activity.

 

 

Terms and Conditions of the "365 Nights Trial" promotion

Offer from Baldi Srl

REA Number: PT - 0169250

With headquarters at Via Bologna 2, 51039 Quarrata (PT), Italy

1. Scope of application and products subject to the "365 nights trial" promotion

The promotion "365 nights of trial" will apply to purchases made by end Customers (meaning individuals, of legal age or otherwise capable of acting under the law, who purchase the promoted products, as indicated below, for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity that may be carried out - "Customer/s").

 

The products subject to the promotion are:

  • Mojito Mattress from the Memory line

  • Floating Mattress of the Hybrid Sport line

  • Hybrid line mattress by Bros

  • Nature Mattress of the Latex line

  • Higel mattress from the Gel line

The promotion applies only to purchases made with the standard VAT of 22%. Baldiflex mattresses purchased under other tax rate regimes (for example, reduced VAT of 4%) will not be eligible for the promotion. It is not valid for products with sizes different from those specified on the baldiflex.it website, but requested "custom-made" by the Customer.

2. Territory

The promotion "365 nights of trial" is valid for purchases made within the Italian national territory through the e-commerce channel of the website baldiflex.it.

3. Duration

The "365 nights trial" promotion is valid until December 31, 2022, and the possibility of obtaining the related replacement will be valid for 365 days from the date of delivery of the product.

4. Promotion Conditions

The Customer who purchases one of the products on the e-commerce site baldiflex.it (purchases made on other sites or marketplaces are excluded) has the option to return it within 365 days from the date of receipt, except in the case of a possible error by the customer in choosing the mattress sizes, and to obtain in exchange one of the mattresses mentioned in point 1.

The replacement involves managing an economic integration if a more expensive product is requested or a refund of the difference via a purchase voucher, in the case a lower-priced product is requested (the calculation is based on the price difference of the mattresses at the time of the order).

The customer will be entitled to only one replacement: once made, there will be no possibility of further free replacements or refunds of any kind.

The replacement can only occur if the returned mattress is intact and clean.

Any eventual partial refund via purchase voucher, in the case that other products are purchased in the same order, will only apply to the Mattress referred to in point 1. Any replacements of other accessories will occur under the market conditions present on the site at the time of the request.

For free products or discounted merchandise, a refund cannot be requested.

The substitute products subject to the Promotion will be shipped at no additional cost.

It will be possible to take advantage of the "365 nights trial" Promotion starting from the fifteenth day after receiving the product.

The selected replacement products do not benefit from the "365 nights trial" promotion, and the promotion can only be activated once per household. The Customer who wishes to participate and subsequently take advantage of the "365 nights trial" Promotion must strictly adhere to the instructions and conditions outlined below. The chosen replacement product must have the same dimensions as the product being replaced.

5. The promotion will be managed through the baldiflex.it portal.

If the Customer wishes to take advantage of the replacement option offered by the "365 nights trial" Promotion, they must do so by accessing the website www.baldiflex.it, Returns and Replacements, and then Customer Service Returns and Replacements. After filling out the form with their first name and last name, email, phone number, order number, and uploading photos of the mattress condition, they will be contacted by the Customer Care department of Baldi Srl.

The above procedure is essential in order to obtain the replacement.

In the absence of proof of purchase, the promotion will not be allowed to be applied even if the purchase was made during the duration of the promotion itself.

6. Conditions of the product subject to the promotion

The Customer who intends to activate and benefit from the "365 nights trial" promotion and, therefore, return the product and obtain a replacement, must submit a request to Baldi Srl through the indicated procedure. Upon receiving confirmation of the return being logged in the system, the Customer must: proceed as indicated in the following article 7. The acceptance of the return and, therefore, the application of this promotion will be confirmed at the sole discretion of Baldi Srl, which also reserves the right to request any video-photographic material for the purpose of verifying the condition of the product, only if the product is returned in perfect condition and in any case in conditions compatible with normal use according to its intended purpose and carried out according to the "diligence of a good father of the family" and only if provided with the original packaging if initially shipped uncompressed.

If the return does not comply with the specifications indicated above (damaged, dirty products, lacking packaging, and in any case not properly maintained) and therefore the return is not acceptable, no type of refund or replacement will be granted, and the new product provided as a replacement, if already sent by Baldi Srl, will be fully charged to the Customer with shipping costs borne by the Customer.

7. Terms and conditions of the replacement

"If the conditions of the Promotion '365 nights trial' are met, the return of the product to be returned will be authorized and the delivery of the new product will be made according to agreements with the Customer."

The return of the product will be the responsibility of the Customer, who may carry it out at their own discretion and by the method they prefer, after receiving confirmation of the request being uploaded to the system. The product must be packaged by the Customer in the original packaging if it was initially shipped uncompressed. Baldi Srl will not be liable in any way for damages resulting from the return transport of the returned product.

The returned product will be evaluated by the Quality Control Department and if it is found to be non-compliant, it will result in a full charge for the product provided as a replacement at the current list price.

This promotion cannot be combined with other promotions related to Baldiflex® mattresses, except for the standard commercial policy and 0% Interest Financing Baldiflex. The promotion can be combined with discounts and promotions related to pillows and accessories, but is only valid for the products listed in point 1 of this document.

8. Promotion and payment with financing

The Customer may request a replacement according to the terms of the Promotion, but this will be granted - after quality control - only if the list price of the replacement product is equal to or higher than that of the Baldiflex mattress initially chosen.

In the event that the replacement product has a list price higher than that of the original purchase, the price difference must be paid by the Customer through an additional payment. Partial refunds will not be granted. With the replacement of the original mattress, the financing operation will remain in effect and will continue, as provided for in the relevant contract, applying to the product given in replacement.

9. Payment methods for the promoted product

Products purchased with the "365 nights trial" promotion can be paid for using all the payment methods normally offered by Baldiflex. It is reiterated that in the case of choosing financing and payment with PayPal, it will not be possible to request a refund, but only a replacement as previously described.

 

Last modified: January 7, 2022

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