Right of Withdrawal
The user, as a consumer, has the right to withdraw from the purchase contract for the Product without providing any reason and without incurring any additional costs within thirty calendar days (“Withdrawal Period”). The Withdrawal Period expires after 14 days:
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for an order related to a single Product, from the day the user or a third party other than the carrier and designated by the user acquires physical possession of the Products;
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for a Multiple Order with separate deliveries, from the day the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product; or
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for an order related to the delivery of a Product consisting of multiple lots or pieces, from the day the user or a third party other than the carrier and designated by the user acquires physical possession of the last lot or piece.
To exercise the right of withdrawal, the user must inform lullabylingerie.com of their decision to withdraw before the expiration of the Withdrawal Period. The user can do so by:
a) using the online withdrawal form in the “Return Requests” section of their account, which should be filled out and submitted through the procedure available once the user logs into their account.
b) submitting any other clear statement of their decision to withdraw from the contract (“Withdrawal Statement”) by email to info@lullabylingerie.com.
The user has exercised their right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent before the Withdrawal Period expires. In the event the user utilizes the Withdrawal Statement, it is advised that the consumer include in the Withdrawal Statement the order number, the Product(s) for which they wish to exercise the right of withdrawal, and their address. As the burden of proof regarding the exercise of the right of withdrawal before the Withdrawal Period expires rests with the user, it is in their interest to use a durable medium when communicating withdrawal to lullabylingerie.com.
Unless the Product subject to withdrawal is to be collected at an address outside Italy, the user must return the Products to lullabylingerie.com following the procedure described below, as well as the standard instructions on withdrawal, which include information on exercising the right of withdrawal and are available to the user on the Shop.
The user must return the Product appropriately protected and packaged.
In any case, for the purposes of the return deadline above, the Product is considered returned when it is delivered, within the specified period, to the accepting post office/the user’s selected courier, or to the courier indicated by lullabylingerie.com.
If the user withdraws from the contract, lullabylingerie.com will refund the Total Amount Paid by the user for the Product, including any applicable delivery charges, without undue delay and in any event no later than 30 calendar days from the day lullabylingerie.com was informed of the user’s decision to withdraw from the contract. The refund amount will be communicated via email; the refund will be made using the same payment method used by the user for the initial transaction, unless the user has expressly agreed otherwise. In any case, the user will not incur any fees as a result of such reimbursement. In the case of partial withdrawal from Multiple Orders, the calculation of delivery costs to be refunded to the user as a result of the exercise of the right of withdrawal will be made as specified in the chapter “Delivery of Products.”
The user is solely responsible for any decrease in the value of the goods resulting from handling the Product other than as necessary to establish its nature, characteristics, and functioning. The Product must be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all accessories and instructional leaflets, with any identifying tags, security tags, and labels, if any, still attached to the Product, intact and unaltered, perfectly fit for its intended use, and free of wear or dirt. Withdrawal applies to the Product as a whole; it cannot be exercised in relation to parts and/or accessories of the Product. If the product for which the right of withdrawal has been exercised has suffered a decrease in value due to handling other than necessary to establish the nature and characteristics of the product, a refund will not be possible.
If withdrawal has not been exercised in accordance with the applicable regulations, it will not terminate the contract, and, consequently, no refund will be due. LULLABY LINGERIE will inform the user within 5 working days from receipt of the Product, rejecting the withdrawal request. The Product will remain at lullabylingerie.com available for the user to collect at their expense and under their responsibility.
Legal Guarantee of Conformity
All products sold on the Shop are covered by the Legal Guarantee of Conformity as provided by Articles 128-135 of Legislative Decree No. 206/2005 ("Consumer Code") ("Legal Guarantee").
WHO IT APPLIES TO
The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made the purchase on the Shop for purposes unrelated to any business, commercial, artisanal, or professional activity that may be carried out.
WHEN IT APPLIES
The seller (therefore, for purchases made on the Shop, lullabylingerie.com) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and that manifests itself within two years from that delivery. The defect must be reported to the seller within two months of the date it was discovered, or the warranty will be forfeited. In the absence of proof to the contrary, defects that appear within six months of delivery are presumed to have existed at that time unless incompatible with the nature of the product or the defect. From the seventh month after delivery, the consumer must prove that the defect existed at delivery. To use the Legal Guarantee, the user must provide proof of purchase and delivery date. It is advisable, therefore, for the user to request and keep the purchase invoice and the delivery note or any other document proving the date of purchase and delivery (e.g., credit card or bank statement).
WHAT IS A DEFECT OF CONFORMITY
A defect of conformity exists if the purchased good:
- is not suitable for the use normally made of goods of the same type;
- does not conform to the description made by the seller and does not possess the qualities of the good the seller presented to the consumer as a sample or model;
- does not have the quality and performance usual for goods of the same type, which the consumer can reasonably expect, also taking into account statements made in advertising or on the labeling;
- is unsuitable for the specific use the consumer intended, and that was made known to the seller at the time of the contract conclusion and which the seller accepted.
Failures or malfunctions caused by accidental events or user responsibility or improper use of the product not in line with its intended purpose and/or the technical documentation provided are excluded from the Legal Guarantee.
USER REMEDIES
In case of a defect of conformity properly reported within the terms, the user has the right:
- primarily, to repair or replacement free of charge, at their choice, unless the remedy is impossible or excessively burdensome for the seller;
- secondarily (if repair or replacement is impossible or excessively burdensome, or not completed within a reasonable time, or if prior repair or replacement caused significant inconvenience) to a price reduction or contract termination.
The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller relative to alternative remedies considering 1) the value the good would have without the defect; 2) the extent of the defect; 3) the possibility of alternative remedies without significant inconvenience for the consumer.
Manufacturer’s Conventional Warranty
The products sold on the Shop may, depending on their nature, be covered by a conventional warranty provided by the manufacturer (“Conventional Warranty”). The user may enforce this warranty only against the manufacturer. The duration, scope (including geographic), conditions and terms of use, types of damage/defects covered, and any limitations of the Conventional Warranty depend on the specific manufacturer and are indicated in the warranty certificate in the product packaging. The Conventional Warranty is voluntary and does not add to, replace, limit, prejudice, or exclude the Legal Guarantee.
Applicable Law
The purchase contract concluded on the Shop is governed by Italian law.
The application of more favorable and non-waivable provisions of the law of the country in which the user has their habitual residence, particularly regarding the withdrawal period, product return terms in the case of exercise of such right, communication methods and formalities, and the Legal Guarantee of Conformity, is reserved for users not habitually residing in Italy.
For any dispute concerning the application, execution, and interpretation of these General Terms and Conditions of Sale, the competent court is the Court of Novara.
A user residing in an EU Member State other than Italy may also access the European small claims procedure established by Council Regulation (EC) No. 861/2007 of July 11, 2007, for any dispute concerning the application, execution, and interpretation of these General Terms and Conditions of Sale, provided the value of the claim does not exceed, excluding interest, rights, and expenses, €2,000. The text of the regulation is available on the website www.eur-lex.europa.eu.
Customer Service and Complaints
For information, communication, assistance requests, or complaints, contact lullabylingerie.com Customer Service as follows:
From Monday to Saturday, 9:00 AM to 12:00 PM and 3:00 PM to 7:00 PM, at +39 335 7999074;
by email at info@moodfashion.com;
by completing and submitting the contact request form in the "Contact Us" section of the Shop.
Customer Service will respond to complaints within five working days from receipt by email.
