Information on Cookies
Joint controllers of the processing of personal data collected through the cookies used on this site are Bialetti Industrie SpA and Bialetti Store Srl (hereinafter, jointly, also "Bialetti").
Bialetti Industrie SpA and Bialetti Store Srl are joint controllers pursuant to art. 26 of the EU Regulation no. 2016/679 (hereinafter the "GDPR") as they co-determine the purposes and methods of the processing of personal data through the cookies on this website, owned by Bialetti Industrie SpA but common to both joint controllers.
In this information, pursuant to art. 13 of EU Regulation 2016/679 of 27 April 2016 concerning the protection of individuals with regard to the processing of personal data (hereinafter, the "Regulation"), you will be explained how this data is collected, for what purposes and what are your rights. This document is an integral part of the information on the processing of personal data, available at the following link: Privacy.
WHAT ARE COOKIES?
Cookies are small text files that the sites visited by the user send directly to his terminal (usually the browser), where they are stored before being re-transmitted to the same sites at the next visit by the same user (so-called first-party cookies). While browsing a site, the user can also receive cookies from different sites or web servers on his terminal (so-called third-party cookies); this happens because on the website visited there may be elements such as, for example, images, maps, sounds, specific links to web pages of other domains that reside on servers other than the one on which the requested page is located. In other words, they are those cookies that are set by a website other than the one you are currently visiting.
Cookies may have a duration limited to a single browsing session on the browser (so-called session cookies), and in this case they are automatically deactivated when the user closes the browser; or they may have a predetermined expiry date and, in this case, they will remain stored and active on your hard disk until that expiration date, continuing to collect information during different browsing sessions on the browser (so-called permanent cookies).
Cookies are used for various functions. Some are necessary to allow you to browse the Site and take advantage of its functions (so-called technical cookies). Others are used to obtain statistical information, in aggregate or not, on the number of users who access the Site and how the Site is used (so-called monitoring or analytics cookies). Finally, others are used to trace your consumer profile and display advertisements on the Site that may be of interest to you, as they are consistent with your tastes and your consumption habits (so-called profiling cookies).
To learn more about these different categories of cookies, continue reading this information. Find out how they work and what they are for, and freely choose whether to consent to their use or prevent it.
FIRST PARTY COOKIES
The Site uses the following types of first-party technical cookies, for which no consent is required from the user but for which Bialetti is obliged to provide adequate information:
(a) Navigation or session cookies: essential to allow the user to move normally within our Site and to properly use the related services; not being stored on the user's computer, they disappear when the browser is closed.
(b) "Functionality cookies: solely aimed at improving and speeding up navigation on the Site, by storing certain choices made by the user (such as language preferences).
(These are therefore tools used by Bialetti to ensure, among other things, efficient navigation, session stability, persistence of the login throughout the session and the country of navigation selected. They are also used to memorize the choices made by the user relating to the display of certain elements of the page, such as information and communication banners.
The use of technical cookies and the carrying out of the treatments connected to them does not require the prior consent of the user, pursuant to the regulations in force.
In any case, it remains possible for the latter to prevent the installation of technical cookies at any time through the settings of their browser, in the knowledge that such a choice could complicate, slow down and sometimes block navigation on the Site.
THIRD PARTY COOKIES
It is possible that while a user is browsing our Site, some cookies are stored on his device that are not directly controlled and managed by Bialetti. This happens, for example, when the user visits a page that includes the contents of a third party website.
The Site also uses some types of third-party analytical cookies through which the following information is collected, by way of example only:
(a) number of visitors, page views and navigation within the Site;
(b) effectiveness of acquisition campaigns based on the source of web traffic;
(c) details on products displayed and possibly downloaded on the Site.
If the user wishes not to receive third-party cookies on his terminal, he can at any time, through the links below, or through the selection / deselection options present in the "Customize" area of the cookie banner (accessible in at any time using the "Change your consent" button below) to exclude receipt.
The following table lists all the cookies present on the Site, with the evidence of their specific characteristics and, in the case of third-party cookies, the links to the respective privacy policies, so that the user can consciously decide whether to give consent. their use and which cookies to block or delete.
MANAGEMENT OF COOKIES AND CONSENT
On the occasion of the first visit to the Site, the user can (i) accept all cookies by clicking on the "Accept All" button; (ii) do not give consent and continue maintaining the default settings, which only provide for the use of technical cookies, necessary for the functioning of the Site, by clicking on the "Close and Continue (only necessary)" button or (iii) select granulate only some purposes or third parties, by clicking on "Customize", interacting with the cookie banner that is shown on the first visit.
- Internet Explorer: http://windows.microsoft.com/it-it/windows7/block-enable-or-allow-cookies
- Mozilla Firefox: https://support.mozilla.org/it/kb/Attivare%20e%20disattivare%20i%20cookie
- Google Chrome: https://support.google.com/accounts/answer/61416?hl=it
- Safari: https://support.apple.com/it-it/HT201265
- Opera: http://help.opera.com/Windows/10.00/it/cookies.html
For more information on cookies, it is possible to connect to the website www.youronlinechoices.com (limited to the services registered by this platform), to obtain information on how to delete or manage cookies based on the browser used and to set the preferences for use of those of third parts. www.youronlinechoices.eu/it/
Your Online Choices is an Internet site managed by the non-profit association European Interactive Digital Advertising Alliance (EDAA), the Italian version of which can be reached at www.youronlinechoices.eu/it/, which provides information on behavioral advertising based on profiling cookies (http://www.youronlinechoices.com/it/a-proposito) and allows Internet users to easily oppose (opt-out) the installation of the main profiling cookies installed by advertisers and used on Internet sites (http://www.youronlinechoices.com/it/le-tue-scelte). Before using this tool, we recommend that you carefully read the general conditions of service of the Your Online Choices website (http://www.youronlinechoices.com/it/condizioni-generali-di-servizio).
PROCESSING METHODS AND DATA STORAGE TIMES
As highlighted in the premise of this statement, Bialetti collects and processes some of your personal data through the cookies it conveys directly on the Site (first-party cookies). Bialetti acts as the data controller of these data, in compliance with the provisions of the Regulation. Bialetti will process your data only with electronic tools, in a totally automated way and without human intermediation. Therefore, Bialetti employees and collaborators will never access the content of your personal data obtained through cookies, which means that they will never be able to access and / or have direct personal identification information (IPI).
Some of Bialetti's employees and collaborators, appointed by us as data processors, may carry out maintenance interventions on the computer systems that host your data, without ever being able to access their actual content. Personal data could be stored on servers managed by third parties (e.g. IT system suppliers) or could be managed by subjects specialized in online advertising, who act as external data processors on the basis of a specific appointment in writing by part of the Company. Bialetti informs you that, in compliance with the conditions and guarantees established by the Regulation, your data may be transferred to countries not belonging to the European Economic Area, which may not offer a level of privacy protection and protection of personal data comparable to that guaranteed by Italian and European privacy laws, but as owner Bialetti will take the security of data into utmost consideration, therefore it will proceed in the management of these transfers with all the due precautions and guarantees. Your personal data will not be disclosed to third party data controllers nor will it be disclosed.
The personal data of users of the Site will be kept for the time strictly necessary to carry out the primary purposes illustrated in this information, or in any case as necessary for the protection of the rights of both the users and Bialetti's interests.
- By sending a registered letter with return receipt to the registered office (Via Fogliano, 1, 25030 Coccaglio (BS);
- By sending an email to email@example.com
- By sending an email to the DPO address firstname.lastname@example.org
Pursuant to the Regulations, Bialetti informs that users have the right to obtain the indication (i) of the origin of the personal data; (ii) the purposes and methods of the processing; (iii) of the logic applied in case of treatment carried out with the aid of electronic instruments; (iv) the identity of the owner and managers; (v) the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as managers or agents.
a) access, updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data which need not be kept for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means that are manifestly disproportionate to the protected right.
Furthermore, users withdraw their consent at any time, if the processing is based on their consent;
b) (where applicable) the right to data portability (right to receive all personal data concerning them in a structured format, commonly used and readable by automatic device), the right to limit the processing of personal data and the right cancellation ("right to be forgotten");
c) the right to object:
i) in whole or in part, for legitimate reasons, to the processing of personal data concerning them, even if pertinent to the purpose of the collection;
ii) in whole or in part, to the processing of personal data concerning them for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication;
d) ) if they believe that the processing that concerns them violates the Regulation, the right to lodge a complaint with a supervisory authority (in the Member State in which they usually reside, in the one in which they work or in the one in which the alleged violation has occurred ). The Italian Supervisory Authority is the Guarantor for the protection of personal data, based in Piazza Venezia n. 11 - 00187 Rome (http://www.garanteprivacy.it/). Bialetti is not responsible for updating all links that can be viewed in this Cookies Notice, therefore whenever a link is not functional and / or updated, Users acknowledge and accept that they must always refer to the document and / or section of the websites recalled by this link.
PRIVACY NOTICE TO THE USERS
Pursuant to art. 13 of Regulation 2016/679 (also called GDPR) on the protection of personal data and in relation to the personal data of Users, we would like to inform you that the data processing will be carried out by Bialetti Store S.r.l and Bialetti Industrie S.p.A, both as joint data controllers, as they share the purposes, methods, and purposes of the processing of personal data, based on the principles of correctness, lawfulness, and transparency, as well as the protection of your privacy and the protection of your rights. Moreover, we inform you that:
The Joint Controllers of the processing of personal data of users (hereinafter, the "Users") who browse and who use the services available on the website www.bialetti.com (hereinafter, the "Site" and the "Services") provide the privacy notice pursuant to art. 13 of EU Regulation 2016/679 of 27 April 2016 (hereinafter, the "Regulation", or also the "Applicable Law").
This Site and the Services are reserved for individuals who have reached the age of eighteen. Therefore, the Joint Controllers do not collect personal data relating to persons under the age of 18. At the request of the Users, the Controllers will promptly delete all personal data involuntarily collected and relating to persons under the age of 18.
1) IDENTITY AND CONTACT DETAILS OF THE JOINT DATA CONTROLLERS
The joint data controllers are:
Bialetti Store S.r.l, with registered office in via Fogliano, n. 1, 25030 Coccaglio (BS), VAT / CF and registration number in the Register of Companies Brescia 02623040983
Bialetti Industrie S.p.A., with registered office in Via Fogliano, 1, 25030 Coccaglio (BS), VAT / CF and registration number in the Register of Companies Brescia 03032320248
(hereinafter, also "Joint Controllers" or "Bialetti")
The Joint Controllers take the utmost account of the right to privacy and protection of the personal data of their Users. For any information in relation to this privacy statement, Users can contact the Joint Controllers at any time, using the following methods:
- By sending a registered letter with return receipt to the registered office of the Companies: via Fogliano, 1, 25030 Coccaglio (BS)
- By sending an e-mail to the address email@example.com
2) IDENTITY AND CONTACT DETAILS OF THE DPO
Bialetti has appointed Resolve Consulting Srl, with registered office in Piazza Monsignor Giuseppe Almici 23 - 25124 Brescia, as Data Protection Officer (RPD or DPO).
The DPO can be contacted at the following address firstname.lastname@example.org
3) TYPE OF PERSONAL DATA PROCESSED
The personal data requested from the User and acquired by Bialetti may vary according to the products, services, or functions that the User intends to use.
In general, depending on the specific case, the following categories of personal data will be processed:
TYPES OF PERSONAL DATA
User identification data
name, surname, language, and country from which the User operates, address, contact details such as e-mail address and telephone number
economic and transactional information of the User
payment or card details, information relating to purchases made, orders, returns
connection, geolocation, and navigation data
in the case of interaction with mobile devices such as mobile phones
those relating to subscription to the newsletter
data relating to tastes and preferences
those relating to the type of product purchased and consumption habits
To allow the User to use a certain function or service of the website, some categories of personal data will be marked as mandatory as it is data that Bialetti needs for providing the service or product that the User has requested or to allow the User to access the requested feature, for which the data are necessary for the exact fulfillment by Bialetti of obligations deriving from the contract or necessary to fulfill obligations deriving from applicable provisions of law or regulation.
Failure to enter such data could make it impossible to use the requested services.
4) PURPOSE AND LEGAL BASIS OF THE DATA PROCESSING
Users' personal data will be lawfully processed by Bialetti pursuant to art. 6 of the Regulation for the following processing purposes:
Website navigation: The data are used in order to obtain anonymous statistical information on the use of the Site, to check its correct functioning, to improve the quality of the services offered, and to optimize the functionality/features of the Site. These data are processed to a strictly necessary and proportionate extent to guarantee the security of networks and information passing through them.
The data processing is based on the assumption of the lawfulness of the legitimate interest of the Data Controller to manage his website safely.
Website user registration management: If the User decides to register, Bialetti needs to process his data in order to be able to identify him as a user of the site and authorize him to access the various features, products, and services available as a registered user. User data is processed as it is necessary for the execution of the terms governing the use of the website.
The data processing is based on the assumption of the lawfulness of the execution of the terms that regulate the use of the website.
Fulfillment and execution of the sales or service contract: This purpose provides for the processing of the User's data mainly for a) fulfillment and execution of the purchase contract; b) fulfillment of the legal obligations connected to the purchase contract (for example issuing of invoices, receipts; c) management of any returns of the goods and/or refunds following the purchase or guarantee of the right of withdrawal.
The data processing is based on the assumption of lawfulness of the execution of a contract of which the interested party is a party and on the fulfillment of the legal obligations connected to the purchase contract.
Customer Service: This purpose involves the acquisition and processing, by Bialetti, of the User's personal, contact, and purchase data, strictly necessary to respond to requests for assistance (e.g., requests for information on orders, technical assistance on a purchased product, return and refund, handling of complaints).
The data processing is based on the assumption of lawfulness of the execution of a contract of which the interested party act as a member of the contract.
Resolution of disputes relating to the sales or service contract: In the event of disputes between the Seller and a Consumer, the User's personal data are processed in order to allow their resolution, out of court or in court.
The data processing is based on the assumption of the lawfulness of the legitimate interest of the Data Controller to exercise and/or defend, where necessary, their rights in the appropriate places.
Direct marketing (sending of advertising material, direct sales, and commercial communication): Some personal data of the User (i.e. name, surname, e-mail address) may also be processed by Bialetti for marketing purposes (sending advertising material, direct sales, promotional newsletters, and commercial communication), or so that Bialetti can contact the User by post, e-mail, telephone (landline and/or mobile, with an automated call or communicating via call systems with and/or without the intervention of an operator) and/or SMS and/or MMS to propose to the User the purchase of products and/or services offered by Bialetti, present offers, promotions and commercial opportunities.
The data processing is based on the assumption of the lawfulness of the free and optional consent of the interested party
Profiling: The User's personal data (i.e. personal and contact data) and information relating to the services in which he has expressed his interest may also be processed by Bialetti for profiling purposes, or to reconstruct tastes and habits of consumption of the User, identifying the consumer profile, in order to be able to send the User commercial offers consistent with the identified profile
The data processing is based on the assumption of the lawfulness of the free and optional consent of the interested party
6. WITHDRAWAL OF CONSENT
In the case of processing based on consent, the User may revoke the same at any time, by making a request to Bialetti in the manner indicated in the following paragraph 10.
The User can also easily oppose further sending of promotional communications via newsletters, also by clicking on the appropriate link for the withdrawal of consent, which is present in each promotional e-mail. Once the consent has been revoked, Bialetti will send the User an e-mail message to confirm that the consent has been revoked. If the User intends to withdraw his consent to the sending of promotional communications by telephone while continuing to receive promotional communications via e-mail, or vice versa, please send a request to the Data Controller following the mode indicated below in paragraph 10.
Bialetti informs that, following the exercise of the right to object to the sending of promotional communications via e-mail, it is possible that, for technical and operational reasons (e.g., formation of contact lists already completed shortly before receipt by Bialetti of the opposition request) the User continues to receive some additional promotional messages. Should the User continue to receive promotional messages after 24 hours from the exercise of the right of opposition, please report the problem to Bialetti, using the contacts indicated below in paragraph 10.
7. PROCESSING METHODS AND DATA RETENTION PERIOD
The Joint Controllers will process the Users' personal data using manual and IT tools, with reasons strictly related to the appropriate purposes and, in any case, in such a way as to guarantee the security and confidentiality of the data.
In general, the personal data of Users will be kept by Bialetti for the time strictly necessary to carry out the primary purposes illustrated in paragraph 4 above or in any case as necessary for the civil protection of the interests of both Users and Bialetti.
For profiling purposes, personal data will not be processed beyond 36 months from the last active contact.
8. SCOPE OF COMMUNICATION AND DISSEMINATION OF DATA
The employees and/or collaborators of the Joint Data Controllers responsible for managing the Site and all services connected with the provision of the Services may become aware of the Users' personal data. These subjects, who have been instructed to do so by each Joint Data Controller pursuant to Article 29 of the Regulation, will process the Users' data exclusively for the purposes indicated in this privacy notice and in compliance with the provisions of the Applicable Law.
Third parties may also become aware of the personal data of the Users who will process personal data on behalf of the Controllers as "External Data Processors", such as, for example, IT and logistics service providers that are functional to the operation of the Site and/or Services, outsourced or cloud computing service providers, marketing and communication agencies, professionals and consultants.
Users have the right to obtain a list of any data processors appointed respectively by each Joint Data Controller, by making a request in the manner indicated below in paragraph 10.
Furthermore, the personal data of the Users may be communicated by the Joint Controllers, within the limits where this is necessary to execute contractual obligations, to independent third-party data controllers, such as the managers of the payment services and the logistics services necessary for the delivery of goods sold through the Site. These independent owners will process the User's data exclusively for the purpose of the correct fulfillment of orders relating to the Services.
9. RIGHTS OF THE INTERESTED PARTIES
Without prejudice to specific and mandatory legal obligations, it is specified that the User can exercise the following rights:
- a) Access to your personal data pursuant to art. 15 GDPR;
- b) Data correction in case of inaccuracy pursuant to art. 16 GDPR;
- c) Data cancellation pursuant to art. 17 GDPR;
- d) The limitation of processing pursuant to art. 18 GDPR;
- e) The right to data portability, i.e. to receive in a structured format of common use and readable by an automatic device, the personal data provided pursuant to art. 20 GDPR.
- f) The right to object to the processing of your data pursuant to art. 21 GDPR.
You can also lodge a complaint with the competent supervisory authority (Art. 77 of the GDPR).
For anything not expressly provided for by the provisions referred to herein, please refer in full to the current legislation on Privacy.
10. PROCEDURES FOR THE EXERCISE OF RIGHTS
Data subjects may exercise the rights referred to in point 9, withdraw their consent, or request clarification about this information by writing an e-mail to:email@example.com
Verification of the User’s identity may be required before proceeding with your request.
11. FINAL PROVISIONS
Last update: January 2022
GENERAL TERMS AND CONDITIONS OF USE
Welcome to the site www.bialetti.com, the official online store of Bialetti Store S.r.l. (hereinafter the "Site"). The Site is managed and maintained by Bialetti Industrie S.p.A., having its registered office in Coccaglio, via Fogliano 1, tax code, VAT number and registration number with the Companies Register of Brescia 03032320248, in its capacity as parent company of Bialetti Store S.r.l., as well as by latter, having its registered office in Coccaglio, via Fogliano 1, tax code, VAT number and registration number with the Companies Register of Brescia 02623040983 and by the suppliers/business partners of Bialetti Industrie S.p.A. and Bialetti Store S.r.l. (hereinafter jointly referred to as the "Operators").
Access to and use of the Site are subject to these General Terms and Conditions of Use (hereinafter the "General Conditions"). Before accessing and using the Site, or purchasing products, the user is required to read and be aware of and accept these General Conditions and the General Terms and Conditions of Sale.
Should you not agree with the General Conditions of the Website, in whole or in part, please do not use our website.
Anyone who accesses and uses the Site expressly agrees not to use the Site for illegal purposes or, in any case, any use in violation of any applicable legal provision.
The Operators may modify or simply update these General Conditions, in whole or in part. Users will be informed on modifications and updates to the General Conditions on the Homepage of the Site as soon as they become effective, and the said General Conditions will be binding once they have been published on the Site, in this section.
If a clause of these General Conditions is considered unlawful, null or invalid, for any reason whatsoever, the invalidity or ineffectiveness thereof will not affect the validity or effectiveness of the remaining provisions.
2. Content of the Site
Access to and use of the Site, including view of the web pages, communications with the Operators, download of information about products and purchase of the said products on the Site are activities carried out by our users, exclusively for personal purposes and are not related to any commercial, entrepreneurial and professional activity.
3. Limitation of liability
By accessing the site, you will be exclusively liable for the use of the Site and the content thereof. The Operators shall not be held liable for the use of the Website and any contents not compliant with the applicable legislation, by any of its users, except that the Operators may be held liable in the case of willful misconduct and gross negligence. In particular, you will be solely liable for the communication of incorrect or false information and data relating to third parties, without the express consent thereof, and the improper use of said information and data.
Finally, since that material will be downloaded or otherwise obtained through the use of a service selected at the user's own risk, the user will be exclusively liable for any damage to its IT systems or any loss of data resulting from the said download of material, for which the Operators shall not be held liable. The Operators also disclaim any and all liability for any damage resulting from services on the website not being accessible or damage caused by viruses, corrupted files, errors, omissions, interruptions of service, erasure of content, problems with the network, providers, or telephone and/or Internet connections, unauthorized access, alteration of data, or failure and/or malfunction of the user's electronic equipment.
The user is responsible for the correct storage and use of his or her personal data, including the log-in details used to access personal services, and for any detrimental consequences or damage caused to the Operators or third parties due to the improper use, loss, or theft of said information.
5. Intellectual property rights
All the contents, in any format, published on the Site, including web pages, graphic design, colors, schemes, tools, features and design of the Site, diagrams, layouts, methods, processes, functions and software related to the Site, are protected by copyrights and other intellectual property rights held by the Operators and other title holders. No part of this Site and the content thereof may be reproduced in any way without the express written consent of the Operators, who have the exclusive right to authorize or forbid any direct or indirect, temporary or permanent, reproduction, in any way or form, in whole or in part, of the Site and the content thereof. As regards the use of the Website, you are exclusively authorized to:
(i) visualize the Site and the contents thereof;
(ii) perform any other action of temporary reproduction that are economically irrelevant, which are transient or ancillary and an integral and essential part of the view of the Site and the content thereof;
(iii) browse the Site, only for the purpose of making legal use of the Site and the content thereof.
Any additional action of reproduction should be authorized from time to time by the Operators or, if necessary, by the authors of the individual works available on the Site. Such actions of reproduction shall in any case be performed for lawful purposes and in compliance with copyrights and other intellectual property rights of the Operators and the authors of the individual works available on the Site. The authors of the single works published on the Site may, at any time claim authorship of their work, and object to any alteration, editing or other changes in said works, including any action that may be detrimental to the works, and may sully the image and reputation thereof. You agree to respect the copyright of the artists who have chosen to publish their works on the Site or cooperated with the Site to create new expressive and artistic works for publication, including not exclusively on the Site, or, that are an integral part thereof. You are, in any case, not authorized to use, in any way and form, the content of the Site and any single work protected by copyright and other intellectual property rights. For example, you may not alter or otherwise modify the protected contents and works without the consent of the Operators, where necessary, of the individual authors of the works published on the Site.
6. Applicable law
These General Conditions are governed by the Italian law and shall be interpreted pursuant to the same, including, for example, any dispute concerning the existence, validity and effectiveness of the General Conditions and any other agreement that refer thereto.
If you are a consumer, for the legal relationships governed by these General Conditions, please refer in particular to Legislative Decree No. 206 of 6 September 2005, introducing the "Consumer Code", as subsequently amended or supplemented.
8. Referral clause
For anything not provided for by these General Conditions, reference is hereby made to the General Terms and Conditions of Sale, as applicable.
GENERAL TERMS AND CONDITIONS OF SALE
Date of publication on the website and effective date: 1 March 2022
1. Subject matter
1.1. These general terms and conditions of sale (hereinafter the "Conditions") apply to the purchase of products under the trademark “BIALETTI” (hereinafter referred to as the "Products" or individually, the "Product") through the e-commerce site www.bialetti.com (the "Sito") by users who qualify as "Consumers" within the meaning of Clause 1.2. The owner of the Site is Bialetti Industrie S.p.A., having its registered office in Coccaglio, via Fogliano 1, tax code, VAT number and registration number with the Companies Register of Brescia 03032320248, in its capacity as parent company of Bialetti Store S.r.l., having its registered office in Coccaglio, via Fogliano 1, tax code, VAT number and registration number with the Companies Register of Brescia 02623040983 (hereinafter jointly referred to as "Bialetti").
1.2. The parties to the contracts for the purchase of Products through the Site will be Bialetti Store S.r.l. as seller (the "Seller"), and the person that purchases one or more Products for purposes that must not be related to his or her commercial, artisanal or professional business, as purchaser (the "Consumer") (the Seller and Consumer being referred to jointly as the "Parties"). The resale or transfer of products purchased from the Site for commercial or professional purposes is expressly prohibited. Bialetti and/or its suppliers/business partners will handle all the activities relating to the performance of any purchase order, including delivery of the Products, manage claims relating to the exercise of the right of withdrawal pursuant to Article 52 et seq. of the Consumer Code, including refunds, returns, as also as provided for by Article 128 et seq. of the Consumer Code.
1.3. Bialetti Industrie S.p.A. holds the rights in the Site’s domain name, logos and trademarks, related to the Products presented on the Site, and also owns the copyright in the contents of the Site.
1.4. Communications by the Consumer connected and/or related to the purchase of the Products - including reports, claims, requests concerning the purchase and/or delivery of the Products, the right to exercise of the right of withdrawal, etc. - should be sent to Bialetti using the addresses and in the manner indicated on the Site or to the e-mail address firstname.lastname@example.org .
1.5. All purchases are subject to the version of the General Terms and Conditions of Sale published on the Site when the Consumer places the order.
1.6. The Site is used for retail sales and, as such, is intended for the exclusive use of Consumers. Persons that are not Consumers should therefore not place purchase orders on the Site. If one or more sales are made to any individual who does not qualify as a Consumer, these Terms and Conditions will apply but notwithstanding the same:
- a) the purchaser may not exercise the right of withdrawal as set forth in Clause 10;
- b) the purchaser will not be covered by the Product warranty under Clause 8;
- c) the purchaser will not enjoy any of the other benefits provided for herein to Consumers, which correspond to or comply with mandatory provisions of law;
- d) the sale contract entered into by the Seller and the purchaser will be regulated by the Italian law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods - 1980 Vienna Convention.
1.7. Upon placement of the purchase order, the Consumer accepts that confirmation of the information relating to the order and these Conditions will be sent by e-mail to the address indicated by the Consumer when he or she registers with the Site or during the purchase process.
1.8. To purchase through the Site, the Consumer must be over the age of 18 and have legal capacity to act, which the Consumer states to possess.
1.9. The costs of the Internet connection to the Site shall be borne solely by the Consumer, who will also pay the telephone costs, at the rates of the network operator selected by the Consumer.
2. Product Features and availability in different geographic areas
2.1. The Products are sold as described on the Site and at the Conditions published on the Site when the order is placed by the Consumer, excluding any other conditions or terms.
2.2. The Seller reserves the right to modify these Conditions at any time, at its discretion, without prior notice to the users of the Site. Any changes will be effective from the date of publication on the Site and will only apply to sales completed as from the said date.
2.3. The Prices, the Products sold on the Site and/or features thereof are subject to change without prior notice. These changes will only be applicable to orders that have not yet been confirmed on the date of the same change. Before placing its purchase order pursuant to Clause 3 below, the Consumer should in any case check the final sale price.
2.4 It is possible to access the Site from anywhere in the world. The Products available on the Site may however only be purchased by users who request delivery of the products in Italy, the Vatican City or the Republic of San Marino.
3. Product purchasing method – Execution of each purchase contract
3.1. The presentation of the Products on the Website is not binding upon the Seller and is merely an invitation to the Consumer to make a contractual purchase offer and it is not an offer to the public.
3.2. The purchase order placed by the Consumer with the Seller through the Site is intended as a contractual offer and is subject to these Conditions, which will be an integral part of the said order and that, by placing the order with the Seller, the Consumer must accept in full without any caveats. Before purchasing the Products, by sending the purchase order, the Consumer will be required to read carefully these Conditions and the information on the right of withdrawal. The Consumer will also be required to check and correct any errors in the personal details he or she has entered.
3.3. The Consumer’s purchase order is understood as accepted by the Seller upon receipt of the order confirmation sent to the e-mail address the Consumer indicates to the Seller when he or she registers with the Site or when the Consumer places his or her order, if he or she is not registered with the Site. The order confirmation e-mail will contain a link to these Conditions, a summary of the order, full details of the price, the shipping costs and applicable taxes, and a list of the Products ordered. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties will be filed electronically by the Seller on its computer systems.
3.4. Each purchase contract for Products is intended as executed when the Consumer receives the order confirmation from the Seller by e-mail.
4. Procedure for the selection and purchase of Products
4.1. In order to purchase the Products presented on the Website, the Consumer selects the required Products and add them to the shopping cart. Once the Products have been selected, to purchase the Products in the cart, the Consumer will be asked to: (i) register with the Site, providing the details required, or (ii) log in, if the Consumer is registered or (iii) provide his or her details to complete the order and execute the contract. If the details indicated in the order are different from those entered when the Consumer completes the registration, the Consumer will be required to confirm his or her details (for example, name, surname, etc.), the address where the Products are to be delivered, the invoicing address and a telephone number to contact the Consumer about the order should this be necessary. A summary of the order the Consumer intends to place will then be displayed to the Consumer, whose contents he or she may modify: after reading these Conditions, the Consumer should approve them by ticking the check-box on the Site and lastly, the Consumer will be required to confirm its order, that will be sent to the Seller and have the legal effects set forth in Clause 3.2 of these Conditions. The Consumer will also be asked to select the delivery and payment methods. If the consumer pays by credit card or any other digital payment method, the Consumer will be asked to indicate the relevant details through a protected connection. For accounting and administrative purposes, Bialetti reserves the right to verify the information provided by the Consumer. If payment is made by credit card or any other form of digital payment, the purchase amount will be charged only when the order confirmation is sent by the Seller to the Consumer.
4.2. If, when selecting the Product on the Site, as described by Clause 4.1 above, the Consumer notices that the price of one or more of the Products he or she intends to purchase is clearly lower than the price normally applied, net of any discounts and/or promotions applied at that time, due to an obvious technical problem that has occurred on the Site, the Consumer is kindly asked not to complete the purchase order but should report the technical error to the Seller's customer care service using the relevant contact form.
4.3. If the Consumer has completed its purchase order and said order includes a Product whose price is clearly lower than that normally applied, net of any discounts and/or promotions applied at that time, due to an obvious technical problem on the Site, if the Consumer has not yet received the Product, the Seller will (i) cancel the order sending an e-mail to the e-mail address indicated by the Consumer when the order is placed to inform the Consumer that his or her order has been cancelled and (ii) reimburse the Consumer for any payments the latter has made against the cancelled order, including delivery costs, without undue delay and, in any case, within no more than 20 days from cancellation of the order, using the same payment method used by the Consumer for its initial transaction.
5. Delivery of goods and acceptance
5.1. The availability of the Products and delivery timeline are published on the Site. This information should however be considered purely indicative and are not binding on the Seller.
5.2 The Seller shall exert its best efforts to respect the delivery timeline indicated on the Site and, in any case, shall deliver the goods within 30 (thirty) days of the day after the date on which the Consumer places the order. If the Seller does not perform the order, because the Products are out of stock, even temporarily, the Seller will inform the Consumer in writing and refund any amounts already paid by the Consumer for the Products as provided for by Clause 5.3 hereunder.
5.3. The Products ordered by the Consumer will be shipped with the method selected by the Consumer among the shipping methods available and indicated on the Site when the order is placed. The Consumer shall promptly check and as soon as possible that the delivery includes all, and only, the Products purchased and shall immediately inform the Seller of any defects found in the Products received or if the latter do not comply with the order placed, according to the procedure under Clause 8 of these Conditions, failing which the products are intended as accepted. If the packaging or box containing the Products ordered by the Consumer are obviously damaged when they reach the destination, the Consumer should refuse the delivery from the carrier or accept the delivery “with caveats”.
6. Prices, shipping costs, taxes and duties
6.1. The price of the Products is that indicated on the Site when the Consumer places the order. Prices include standard packaging, VAT charges (if applicable) and any indirect taxes (if applicable) but do not include shipping costs, which are added before the Seller sends the order confirmation to the Consumer, which the Consumer agrees to pay to the Seller in addition to the price indicated on the Site.
6.2. The Consumer should pay the total price to the Seller, as shown on the order and order confirmation sent by email by the Seller to the Consumer.
6.3. The Consumer shall pay any additional costs, charges, taxes and/or duties applied in a specific country for any reason to any Products ordered under these Conditions.
6.4. The Consumer agrees that a lack of awareness of the costs, charges, customs duties, taxes and/or other duties indicated by Clause 6.3. above, when the order is placed with the Seller, shall not constitute a reason to terminate this contract and none of the above costs may be charged to the Seller.
7.1. The price of the Products purchased through the Site should be paid by the Consumer when the order is confirmed. The Consumer expressly agrees that the Seller's performance of the Contract will commence when the price of the Product(s) purchased is credited to the Seller's current account.
7.2. Payment may be made by credit card, or any other digital payment, at the terms and conditions below. The Seller may accept other payment methods, but in this case, these will be indicated in the payments section of the Site.
7.3. If the payment is made by credit card, the Consumer will be transferred to a protected site and the credit card details will be communicated directly to the Seller’s bank. The details entered will be sent in protected mode, through a 128 bit SSL (SecureSocketLayer) encrypted data transfer system. These details are not accessible, nor are by the Seller.
7.4. If requested by the Consumer during the purchase procedure of the Products, the Seller will send the tax receipt in electronic format, by e-mail to the email address indicated by the Consumer.
8. Seller's legal warranty of fitness, report of unfitness and intervention under the warranty
8.1. Pursuant to Directive 44/99/EC and Italian Legislative Decree no. 206/2005 "(Consumer Code"), Bialetti warrants vis-à-vis the Consumer that the Products shall have no design and components defects and that said Products comply with the descriptions published on the Site, for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The warranty will be in any case excluded if the Product has been used or washed in a manner not complying with the Product instructions and the instructions/warnings provided by Bialetti, or the instructions provided on information sheets, leaflets, or labels.
8.2. The Consumer will forfeit the warranty, if he or she does not report any defects and unfitness within 2 (two) months of the discovery thereof, by forwarding to Bialetti, on e-mail address email@example.com, the claim, with a description of the defect and/or unfitness claimed, and the related documentation (description of defect/unfitness, photographs of the Product, order confirmation sent by the Seller and/or the tax receipt).
8.3. Upon receipt of the claim and related documentation, Bialetti will assess the defects and unfitness claimed by the Consumer through the after-sales service and, after verifying actual unfitness of the Product, will decide whether or not to authorize the return of the Products, and will reply by email to the Consumer sending a “Return Code”, to the address indicated by the Consumer when he or she registers with the Site or places the order. Authorization by the Seller to return the Product/s does not constitute acknowledgment of defects or unfitness, whose existence shall be ascertained after receipt of the Products by the Seller. The Products whose return the Seller authorizes shall be returned by the Consumer, together with a copy of the return authorization notice, showing the return code, to the address indicated by Bialetti, within 30 (thirty) days of the time the defect or unfitness has been reported:
8.4. In the event of defects or unfitness, the Consumer may require the Seller to remedy the defect either by repairing or replacing the Product, or request alternative remedies in the cases expressly set forth under Article 130 of Italian Legislative Decree no. 206/2005. If the Seller has agreed to refund the price paid to the Consumer, the refund will be made, where possible, through the same payment method used by the Consumer to purchase the Product.
8.5 The legal warranty is not be applicable to products that have been repaired, modified or altered in any way by the Consumer. Nor shall the legal warranty be applicable to any malfunction, flaw and defect of any kind caused by accidental facts or which are responsibility of the Consumer, or if the product has been used in a manner not complying with its intended use and/or as described by the technical documents attached to the Product, if any, or the user instructions.
9. Liability for damage caused by defective products
With regard to any damage caused by Product defects, the provisions of Directive 85/374/EEC and the Consumer Code will apply.
10. Right of withdrawal
10.1 Subject to the exceptions under Article 59 of the Consumer Code, the Consumer has the right to withdraw from any contract executed in accordance with these Conditions, without any requirement for providing a reason and without the application of any liquidated damages, within 14 (fourteen) days of when (i) the Product has been delivered or (ii) if multiple Products are delivered separately against a single order, when the last Product has been delivered.
10.2 In order to exercise the right of withdrawal, the Consumer shall inform the Seller, before expiry of the term specified under Clause 10.1 above, of his or her decision by accessing the returns’ page, on its own page, or, if the Consumer has not registered with the Site, on the specific page, selecting from the list of Products the Product/s he or she intends to return. Alternatively, the Consumer may send an express statement to Bialetti and/or the suppliers/business partners thereof on the e-mail address firstname.lastname@example.org, communicating its intention to withdraw from the contract, by duly following the instructions and procedures provided.
10.3 Pursuant to Clause 10.2 above, the Consumer will receive an e-mail confirming that the Consumer has exercised its right of withdrawal, and containing the instructions on how to return the Product, which should be sent within 14 days to the address indicated by Bialetti and/or the suppliers/business partners thereof.
10.4. If the Consumer has already received the Product, this should be returned to Bialetti without undue delay and, in any case, within 14 (fourteen) days of the date on which the withdrawal has been communicated. This time limit is met, if the Consumer returns the Products before expiry of the said 14-day period. The Consumer will bear the risks and direct costs of returning the Products, and the burden of proof thereof. If the Consumer exercises the right of withdrawal through the Site, before confirming the request to withdraw, the Consumer will be informed on the cost of returning the Products, if he or she intends to use the return service offered on the Site.
10.5 In the event of withdrawal, any payments made by the Consumer will be refunded thereto, net of delivery and return costs, and any costs incurred for customization of the Products and related services, without undue delay and, in any case, within than 14 days of the date on which the right of withdrawal has been exercised. The said refunds will be made by the same payment method used by the Consumer for the initial transaction. Refunds may be suspended until the Products are received or until proof is received from the Consumer that the items have been sent, whichever is earlier.
10.6 The Consumer will be liable for any reduced value of the Products resulting from tampering with them other than handling them as strictly necessary to establish the nature, features and functioning thereof. Therefore, if the returned Products are damaged (for example, they bear signs of wear and tear, abrasion, scratches, dents, deformities, etc.), or components and accessories are missing (including unaltered labels and tags duly attached to the Product), or are not accompanied by the enclosed instructions/notes/manuals, original boxes and packaging, and the Warranty Certificate, where applicable, the Consumer will be liable for the decrease in the value of the Product and have the right to receive a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer should not tamper with the Product other than handling the same as strictly necessary to establish the nature, characteristics and functioning thereof and should cover the original package of the Products with another protective package that ensures that the Products will not be damaged in any way during transport, including against written marks or labels.
11. Intellectual property rights
11.1. The Consumer states that he or she has been informed that all the trademarks, names, and any other distinctive marks, brand names, images, photographs, written texts or graphic design used on the Site or relating to the Products are and remain the exclusive property of Bialetti Industrie S.p.A., and/or the assignees thereof, being understood that any access to the Site and/or purchase of Products will not entail the transfer of any right in the same to the Consumer.
11.2. The contents of the Site may not be reproduced either in whole or in part, nor transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Bialetti Industrie S.p.A., and/or the assignees thereof.
12.2. The Consumer states and warrants that the data provided to the Bialetti during registration and purchase are true and correct.
12.3. The Consumer may at any time update and/or modify the personal data he or she provides to the Bialetti through the “My Account” section of the Site which may be accessed after logging in.
13.1. Although Bialetti has adopted measures to protect personal data against any loss, falsification, manipulation and improper use by third parties, given the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller may not guarantee that the information or data viewed by the Consumer on the Site, including after the Consumer has logged in, may not be accessed or viewed by unauthorized third parties.
13.2. With regard to data relating to credit card payments, the Seller uses the services of its Bank, that adopts technological systems which guarantee the highest levels of reliability, security, protection and confidentiality in the on-line transmission of information.
14. Applicable law, conciliation attempt and jurisdiction
14.1. Each sales contract entered into between the Seller and Consumer in accordance with these Conditions will be regulated and interpreted pursuant to the Italian law and in particular the Consumer Code, with specific reference to the rules on distance sales, and Italian Legislative Decree no. 70 of 9 April 2003 on specific aspects relating to e-commerce. The Consumer’s rights, that are granted thereto by mandatory provisions of law in force in the State thereof, will not in any case be affected.
14.2. In the event of disputes between the Seller and a Consumer, the Seller hereby guarantees that it will take part to an attempt to reach an amicable conciliation that any Consumer may commence before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which enables the parties to reach an adequate agreement, with the help of a neutral and competent conciliator, in an amicable and secure manner via the Internet. For more information on the RisolviOnline rules or to submit a conciliation request, please access the site www.risolvionline.com.
14.3. As an alternative to the conciliation attempt specified in Clause 14.2, the Consumer may also access the European Online Dispute Resolution platform (hereinafter the "European ODR Platform") to resolve any dispute between Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in accordance with Directive 2013/11/EU and Regulation (EU) No 524/2013, for the purposes of facilitating independent, impartial, transparent, effective, rapid and fair out-of-court settlement of disputes concerning contractual obligations relating to sale contracts or online services between a consumer who is resident in the European Union and a professional established in the Union through the activities of an ADR (alternative dispute resolution) body that is a member of the platform, and may be selected from a list available via the platform. For more information on the European ODR Platform or to commence alternative dispute resolution proceedings, through this platform, concerning a dispute relating to this contract, please click on the link: http://ec.europa.eu/odr. The Seller’s e-mail address that is to be indicated on the European ODR Platform is: email@example.com.
14.4. If no conciliation attempt is acceded to as provided for by Clauses 14.2 or 14.3, or if said attempt is unsuccessful, the dispute will be settled by the Court located in the Consumer’s place of residence or domicile.
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The following documents are applicable exclusively in the context of relations between Bialetti Industrie S.p.A. and professional operators. They are not applicable to the relationships between Bialetti Industrie S.p.A. and end consumers.
Terms and Conditions
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