This document contains the Purchase Terms of this website and constitutes the contract between Bacciflex Srl, the seller of its products and services, and the Customer who purchases them.
For this reason, we invite you to carefully read each section of these Purchase Terms as well as the Privacy Policy before completing an order.
1. Introduction and Definitions
The following Purchase Terms govern the relationship between Bacciflex Srl and the Customer in connection with the remote purchase (via the internet at www.chiardiluna.com) of Products.
In addition to other defined terms in these Purchase Terms, the following capitalized words shall have the meanings specified below:
Bacciflex: refers to Bacciflex Srl, represented by its legal representative pro tempore, with registered office in Campi Bisenzio, Via F.lli Rosselli, 12 – 50013 Florence – VAT and Tax Code: 01631750971;
Customer: means the natural person acting for personal purposes unrelated to any professional or business activity, who concludes sales contracts with Bacciflex Srl;
Website: refers to the website owned by Bacciflex Srl, www.chiardiluna.com;
Parties: refers to Bacciflex and the Customer;
Products: refers to the goods sold by Bacciflex and purchased by the Customer as listed in the Order Confirmation and described on the Website;
Contract: refers to the agreement concluded between Bacciflex and the Customer, governed by these Purchase Terms;
Order Confirmation: refers to the Customer's electronic acceptance of the product price(s), any transport costs, the product specifications, and all provisions contained in these Purchase Terms.
2. Subject of the Contract and Conclusion
2.1 – The contract is concluded upon receipt by Bacciflex of the Order Confirmation submitted electronically by the Customer.
2.2 – Upon conclusion of the contract, Bacciflex undertakes to provide the Customer with the Products under the terms and conditions specified in these Purchase Terms, reserving the right to refuse orders from customers lacking sufficient financial reliability.
2.3 – By submitting the Order Confirmation, the Customer unconditionally agrees to comply with all the provisions of these Purchase Terms.
2.4 – Therefore, the submission of the Order Confirmation implies full knowledge and unconditional acceptance by the Customer of these Purchase Terms and the additional information available on the Website.
3. Obligations and Warranties
3.1 – Bacciflex sells only top-quality products on the Website, which it manufactures directly using raw materials from carefully selected suppliers subject to strict quality controls.
3.2 – Bacciflex also sells products on the Website that are made to the Customer's specifications.
3.3 – Such products, personalized by color and size, are considered "customized" and are therefore not eligible for withdrawal rights under current legislation.
3.4 – Products presented and visible on the Website correspond to their actual characteristics and quality.
However, due to photo editing and varying monitor resolutions, Bacciflex cannot guarantee exact color matching between actual Products and those displayed on the Customer's screen.
3.5 – Both parties acknowledge that the Products displayed on the Website at the time of Customer access may, by the time the Order Confirmation is submitted, be out of stock or unavailable. In such cases, the Customer will be promptly informed by Bacciflex via email regarding changes in availability and estimated restock timing.
If the Customer agrees to the updated information, Bacciflex will proceed upon receipt of a new Order Confirmation; otherwise, the original contract shall be considered null and void, and the initial Order Confirmation will have no effect. Any payments made will be refunded promptly based on the payment method used.
In case of partial fulfillment due to limited availability, Bacciflex will refund any overpayment resulting from the initial Order Confirmation.
3.6 – The warranty period is 5 years for mattresses and 2 years for other accessories, as required by applicable law.
4. Prices
4.1 – All prices include VAT. For personal purchases from the online catalog, prices generally include delivery charges to the Customer's address unless otherwise stated; such charges will be clearly communicated at the time of the Order Confirmation.
Payments may be made online via:
Credit Card: via the Stripe circuit; credit card data will be encrypted using a secure (SSL) connection.
Bank Transfer: Customers are asked to make payment via bank transfer, specifying the order number. Once payment is confirmed, the product will be shipped.
Installment Payment via Splittypay: Orders can be paid in 4 installments with Splittypay. Note that payments will be transferred to Avvera S.p.A., affiliated parties, and their assignees, and the Customer authorizes this transfer.
When paying by credit card, financial information (such as card number or expiry date) is not transmitted through chiardiluna.com but sent via encrypted protocol (SSL) to Stripe Inc., which provides remote electronic payment services for our Website, ensuring third parties cannot access this data. This information is not reused by chiardiluna.com and remains inaccessible to us.
The only electronic information we receive from Stripe Inc. is used to complete the order, issue refunds if necessary, and process shipping.
5. Product Delivery
5.1 – For Products purchased from the online catalog, deliveries within Italy or abroad are entrusted to reputable couriers. Delivery is at street level. The courier does not collect old mattresses.
5.2 – Shipping costs are always clearly specified to the Customer before completing the Order Confirmation. For shipments involving customs duties, such charges are fully borne by the Customer, in accordance with the regulations of the destination country.
5.3 – For catalog orders, delivery is deemed complete upon handover to the courier. At that moment, Bacciflex is released from liability, and cannot be held responsible for issues after shipment leaves the premises.
5.5 – If requested by the Customer, shipping risks may be covered by transport insurance at the Customer's expense.
6. Right of withdrawal
6.1 – Pursuant to the Consumer Code, the Consumer Customer has the right to withdraw from the purchase contract, without any penalty and without giving any reason, within 14 days from the day on which the Customer, or a third party other than the carrier and designated by the Customer, acquires physical possession of the Products.
In the case of an order relating to multiple goods delivered separately, the 14-day period starts from the day on which the Customer, or a third party other than the carrier and designated by the Customer, acquires physical possession of the last item.
6.2 – The right of withdrawal may be exercised through the online “Withdraw from the contract” function, available in the website footer and on the “Returns and Refunds” page. After confirming the withdrawal, the Customer will receive, without undue delay, an email receipt containing the submitted declaration, the date and time of submission.
The Customer may also exercise the right of withdrawal by sending a clear statement to Chiardiluna Customer Service, providing the information needed to identify the Customer, the order and the product concerned by the request.
6.3 – Products that are personalised or made to measure are excluded from the right of withdrawal.
For sealed products that are not suitable for return for hygiene or health protection reasons, the right of withdrawal is excluded once the packaging has been opened.
6.4 – Products must be returned intact, clean, dry and complete with any accessories or documentation received.
The Customer is responsible for any decrease in the value of the product resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Any damage, stains, wetness, contamination by bodily fluids or improper use may result in a reduction of the refund proportional to the decrease in value of the product, up to the refund being reduced to zero if the product is unusable or cannot be recovered.
6.5 – The Customer must return the Products without undue delay and in any case within 14 days from the day on which the withdrawal was communicated. The deadline is met if the Customer sends back the goods before the 14-day period has expired.
The direct costs of returning the goods are borne by the Customer, unless otherwise stated or agreed.
7. Refund methods
7.1 – If the right of withdrawal is correctly exercised, Bacciflex Srl will issue the refund using the same payment method used by the Customer for the original transaction, unless otherwise agreed.
7.2 – The refund will be issued according to the time limits provided for by applicable law. For the sale of goods, in the cases permitted by law, the refund may be withheld until the goods have been received or until the Customer has provided proof of having sent them back.
7.3 – The refund does not include any additional costs resulting from the Customer’s choice of a delivery method other than the standard delivery method offered by Bacciflex Srl, nor any additional costs related to accessory services or special shipments.
7.4 – Once returned, the product will be inspected. If the product is damaged, dirty, contaminated by bodily fluids, wet, foul-smelling or improperly used, Bacciflex Srl will assess any reduction of the refund according to these Terms and Conditions of Sale.
8. Intellectual Property and Trademarks
8.1 – All materials on www.chiardiluna.com are the exclusive property of Bacciflex. Any reproduction or use, in whole or in part, without written authorization is strictly prohibited. Bacciflex reserves the right to take legal action.
8.2 – Proper use of the Website's content includes only consulting product information and completing orders.
8.3 – Bacciflex owns the "Chiardiluna" trademark, logo, and domain www.chiardiluna.com. Any unauthorized use will be legally prosecuted.
9. Applicable Law
9.1 – These Purchase Terms are governed by Italian law, specifically Legislative Decree no. 206/2005 on distance contracts and Legislative Decree no. 70/2003 on electronic commerce.
10. Amendments and Updates
10.1 – These Purchase Terms may be amended or updated due to regulatory changes. Amendments become effective upon publication on www.chiardiluna.com.