
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.
The website www.bialetti.com (hereinafter the "SITE") uses cookies in order to improve your browsing experience.
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.
This website uses cookies. We use cookies, including from third parties, both technical and, with prior consent, profiling to personalize content and ads, to provide social media features and to analyze our traffic and monitor visitor behavior. By clicking "Accept" you agree to the use of all the cookies we use. To select in a granular way only some purposes or third parties you can click on "Customize". To continue browsing while maintaining the default settings (only necessary cookies) click on "Close and continue (only necessary)". To find out more, consult our Cookie Policy.
Cookies are small text files that can be used by websites to make the user experience more efficient. The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies, we need your permission. This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages. You can change or withdraw your consent from the Cookie Declaration on our website at any time. Find out more about who we are, how you can contact us and how we process personal data in our Privacy Policy. Specify your consent ID and the date when you contacted us regarding your consent.
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.
In any other case and at each subsequent visit to the Site, by clicking on the "Cookie Policy" link at the bottom of the Site homepage and on the appropriate button "Change your consent | Revoke your consent "that precedes the cookie table, the user can deny or revise the consent to the installation of unnecessary cookies. In any case, given that most browsers are programmed to accept cookies automatically, the user can choose not to receive them, by accessing the browser settings and disabling their use, according to the procedures described at the following addresses:
- 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).
Consciously use Your Online Choices. Although, in fact, Your Online Choices brings together many of the most important companies in the advertising world that use cookies, some of the third parties that install cookies through the Site may not have joined Your Online Choices. Therefore, the use of Your Online Choices does not guarantee that you will receive third-party cookies by browsing the Site. Also remember that by deleting all cookies from your browser, even the technical cookies issued by Your Online Choices to remember your choices may be deleted, making third-party cookies active again. To disable analytical cookies and to prevent Google Analytics from collecting data on your navigation, you can download the browser add-on for deactivating Google Analytics: https://tools.google.com/dlpage/gaoptout. We will keep the user's preferences regarding cookies thanks to a specific technical cookie having the characteristics specified in the previous table.
Get more information about how Google processes personal information by visiting this link.
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.
YOUR RIGHTS
To exercise your rights, or to obtain any further information or clarification in relation to this Cookie Policy, please contact Bialetti in the following ways:
- By sending a registered letter with return receipt to the registered office (Via Fogliano, 1, 25030 Coccaglio (BS);
- By sending an email to privacy.store@bialettigroup.com
- By sending an email to the DPO address dpo@bialettigroup.com
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 privacy.store@bialettigroup.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 dpo@bialettigroup.com
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 | Example |
|---|---|
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 |
commercial information | 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:
PURPOSE | LEGAL BASIS |
|---|---|
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 |
Get more information about how Google processes personal information by visiting this link.
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.
Within the scope of the purposes indicated in paragraph 4 of this Privacy Notice, your personal data will not be communicated/transferred to third parties established in countries outside the European Union, without prejudice to the provisions for the use of cookies or mailing list platforms, in this regard please refer to the relevant Policies.
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:
privacy.store@bialettigroup.comVerification of the User’s identity may be required before proceeding with your request.
11. FINAL PROVISIONS
When deemed appropriate, we may change the information contained in this privacy notice. In this case, we will notify the User in various ways through the Website (for example, with a banner, a pop-up, or a push notification) or by sending an email if the change significantly affects the User's privacy., so that the User can view the changes, make his assessments and, if necessary, oppose or cancel any services or functions/features. In any case, we urge you to periodically review this privacy and cookie policy to check for any minor changes or interactive improvements as this information is always available on our website.
Last update: January 2022
WEBSITE TERMS OF USE
Effective Date: March 16, 2023
1. INTRODUCTION AND ACCEPTANCE
1.1 Welcome to www.bialetti.com/us_en (the "Site"), the official online store of Bialetti USA Inc. The Site is owned by Bialetti Industrie S.p.A., with registered office at Via Fogliano n. 1, 25030 Coccaglio (BS), Italy, and operated for U.S. consumers by its wholly owned subsidiary Bialetti USA Inc., with principal place of business at 401 Hackensack Ave – Suite 701 Hackensack, NJ 07601, Company Number 0450556529 (Bialetti Industrie S.p.A. and Bialetti USA Inc. are referred to collectively herein as "Bialetti," "we," "us," or "our").
1.2 These Website Terms of Use ("Terms of Use") govern your access to and use of the Site, including viewing webpages, communicating with us, downloading product information, and making purchases. By accessing or using the Site, you represent that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use in their entirety, you must not access or use the Site.
1.3 **Clickwrap Acceptance**. Access to certain features of the Site — including making purchases and creating an account — requires you to expressly accept these Terms of Use by checking an acceptance checkbox. Such checkbox will not be pre-checked. Bialetti retains records of such acceptances (including timestamp) for evidentiary purposes.
1.4 Bialetti reserves the right to modify or update these Terms of Use at any time. Any material changes will be communicated to registered users by e-mail at least thirty (30) days prior to the effective date of such changes. Non-material changes will be effective upon posting on the Site with an updated effective date. For purposes of these Terms of Use, "material changes" means changes to the limitation of liability provisions, the dispute resolution or arbitration provisions, the governing law, or your privacy rights under these Terms of Use. Changes to purchasing terms, pricing, return policies, payment terms, or the Limited Warranty are governed by the Terms of Sale and are subject to the notice requirements set forth therein. Your continued access to or use of the Site following the effective date of updated Terms of Use constitutes your acceptance of those changes.
1.5 If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms of Use, and the remaining provisions shall continue in full force and effect.
2. ELIGIBILITY; AGE RESTRICTION
2.1 This Site is intended for use exclusively by individuals who are at least 18 years of age and who have the legal capacity to enter into binding contracts under applicable law. By accessing the Site, you represent and warrant that you meet this eligibility requirement.
2.2 The Site is not intended for, and may not be used by, individuals under the age of 18. Bialetti does not knowingly collect personal information from children under 13 years of age in accordance with the Children's Online Privacy Protection Act (COPPA, 15 U.S.C. § 6501 et seq.). If Bialetti becomes aware that it has inadvertently collected personal information from a child under 13, it will promptly delete such information in accordance with COPPA. If you believe that a child under 13 has provided personal information to Bialetti, please contact us at privacy.store@bialettigroup.com. For full COPPA disclosures, please refer to the Privacy Policy.
2.3 You represent that you will not use the Site for any unlawful purpose or in violation of any applicable laws or regulations.
3. SITE CONTENT AND PERMITTED USE
3.1 The Site is intended for your personal, non-commercial use only. By accessing the Site, you agree not to use it or any of its content for any commercial purpose without the prior written consent of Bialetti. Commercial use includes, without limitation, reselling Products, automated data collection (scraping or crawling), and use of Site content for advertising or promotional purposes.
3.2 You are authorized to:
- view the Site and its content for personal, non-commercial purposes;
- make transient, incidental copies of Site content solely as a necessary and integral part of your browsing the Site (e.g., browser caching), which have no independent economic significance; and
- engage in all other ordinary browsing activities consistent with the personal, non-commercial use of the Site.
3.3 Any use of the Site or its content beyond the scope set forth in Section 3.2 — including without limitation copying, distributing, modifying, publicly displaying, creating derivative works of any content, scraping, or automated data extraction — requires the prior written consent of Bialetti.
4. THIRD-PARTY LINKS
4.1 The Site may contain hyperlinks to third-party websites that are not operated or controlled by Bialetti. Bialetti does not control, monitor, or endorse such websites or their content, and is not responsible for their accuracy, legality, or availability. You are advised to read the terms of use and privacy policies of any third-party websites you visit.
4.2 These Terms of Use and the Privacy Policy do not apply to third-party websites. The inclusion of any link on the Site does not constitute an endorsement by Bialetti of the linked website or any goods or services offered through it. Your use of any linked third-party website is at your own risk.
5. LIMITATION OF LIABILITY
5.1 By accessing the Site, you acknowledge that you are responsible for your own use of the Site and its content. Bialetti shall not be liable for your use of the Site or its content in violation of applicable law or these Terms of Use, except to the extent of Bialetti's gross negligence or willful misconduct. Nothing in this Section 5 shall limit Bialetti's liability for: (i) death or personal injury caused by Bialetti's negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any liability that cannot be excluded or limited under applicable law, including under the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.).
5.2 You are solely responsible for the accuracy and truthfulness of any information and data you provide, and for any use thereof that is incorrect, unauthorized, or that concerns third parties who have not consented.
5.3 Any material you download or obtain through use of the Site is downloaded at your own choice and risk. Any damage to computer systems or loss of data resulting from such download operations is your sole responsibility and cannot be attributed to Bialetti.
5.4 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIALETTI DISCLAIMS ALL LIABILITY FOR ANY DAMAGES ARISING FROM: (A) INACCESSIBILITY TO SERVICES PRESENT ON THE SITE; (B) VIRUSES, CORRUPTED FILES, ERRORS, OMISSIONS, SERVICE INTERRUPTIONS, CANCELLATION OF CONTENT, NETWORK, PROVIDER, OR TELECOMMUNICATIONS CONNECTION PROBLEMS; (C) UNAUTHORIZED ACCESS OR ALTERATIONS TO DATA; OR (D) MALFUNCTION OF THE USER'S ELECTRONIC EQUIPMENT. THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5.5 You are responsible for the safekeeping and proper use of your personal information, including login credentials, and for all consequences that may arise from unauthorized use, loss, or theft of such information. If you believe your account has been compromised, please contact us immediately at customerservice.usa@bialettigroup.com.
6. PRIVACY POLICY
Please review our Privacy Policy carefully to understand how the Site collects, uses, and shares your personal data and for what purposes. The Privacy Policy is available at Privacy Policy. The Privacy Policy applies even if you access the Site without making any purchase and forms part of these Terms of Use by reference.
7. INTELLECTUAL PROPERTY
7.1 All content published on the Site in any format — including webpages, graphics, colors, schemes, tools, typefaces, website design, diagrams, layouts, methods, processes, functions, and software forming part of the Site — is protected under the U.S. Copyright Act (17 U.S.C. § 101 et seq.) and other applicable intellectual property laws, and constitutes the exclusive property of Bialetti Industrie S.p.A. and/or its licensors and assigns.
7.2 The unauthorized reproduction, distribution, modification, or use of the Site's content, in whole or in part, in any form, without the prior written consent of Bialetti is strictly prohibited.
7.3 All trademarks, service marks, trade names, and logos displayed on the Site are the property of Bialetti Industrie S.p.A. or their respective owners, and are protected by the Lanham Act (15 U.S.C. § 1051 et seq.) and other applicable U.S. trademark law. Nothing in these Terms of Use shall be construed as granting any license or right to use any trademark or service mark without the prior written consent of the owner.
8. GOVERNING LAW; DISPUTE RESOLUTION
8.1 These Terms of Use are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles, and without application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
**BINDING ARBITRATION AND CLASS ACTION WAIVER — PLEASE READ CAREFULLY** Any dispute arising out of or relating to these Terms of Use shall be subject to the dispute resolution provisions set forth in Section 14 of the Terms of Sale (available at [LINK TO TERMS OF SALE]), which are incorporated herein by reference in their entirety. Those provisions include:
- **Binding arbitration:** disputes will be resolved by individual binding arbitration administered by the AAA under its Consumer Arbitration Rules, rather than in court;
- **Class action waiver:** you waive any right to participate in a class action, collective action, or representative proceeding;
- **Jury trial waiver:** you waive any right to a jury trial.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ SECTION 14 OF THE TERMS OF SALE AND AGREE TO ITS TERMS, INCLUDING THE BINDING ARBITRATION PROVISION AND THE CLASS ACTION WAIVER.
To the extent that applicable mandatory consumer protection laws of your state of residence provide greater protections than New Jersey law, such mandatory protections shall apply.
9. **ADA ACCESSIBILITY**
9.1 Bialetti is committed to ensuring digital accessibility for individuals with disabilities and works to maintain the Site in conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, in accordance with the Americans with Disabilities Act, Title III (42 U.S.C. § 12181 et seq.) and applicable DOJ guidance (28 C.F.R. Part 36).
9.1 If you experience any difficulty accessing any portion of the Site, or if you require content in an alternative format, please contact us at:
- Email: customerservice.usa@bialettigroup.com.
- Phone: 201 581 5584
- Mail: Bialetti USA Inc. 401 Hackensack Ave – Suite 701 Hackensack, 07601 - New Jersey
We will make reasonable efforts to provide the information or functionality you seek through an accessible alternative means.
10. CONTACT INFORMATION
For any questions or communications regarding these Terms of Use, please contact: Bialetti USA Inc. 401 Hackensack Ave – Suite 701 Hackensack, 07601 - New Jersey, Customer Service: + 201 581 5584 Email: customerservice.usa@bialettigroup.com.
For other legal information, please consult the Terms of Sale, Return Policy, and Privacy Policy sections of the Site.
11. GENERAL PROVISIONS
For any matters not expressly governed by these Terms of Use, the Terms of Sale shall apply to the extent applicable. In the event of any conflict between these Terms of Use and the Terms of Sale with respect to transactions involving the purchase of Products, the Terms of Sale shall govern.
© Bialetti USA Inc. All rights reserved.
GENERAL TERMS AND CONDITIONS OF SALE
Effective Date: March 16, 2023
1. PARTIES AND SCOPE
1.1 These Terms of Sale (hereinafter "Terms") govern the purchase of products bearing the "BIALETTI" trademark (hereinafter "Products" or individually "Product") through the e-commerce website www.bialetti.com/us_en (hereinafter "Site") by users who qualify as "Consumers" as defined in Section 1.3 below. This Site is intended exclusively for customers located in the United States of America. Customers located outside the United States are directed to visit the applicable regional Bialetti website for their jurisdiction.
1.2. The Site is owned by Bialetti Industrie S.p.A., with registered office at Via Fogliano n. 1, 25030 Coccaglio (BS), Italy, registered with the Companies Register of Brescia under number 03032320248. Bialetti Industrie S.p.A. is the owner of the domain name of the Site, logos and trademarks related to the Products presented on the Site, as well as the copyright on the contents of the Site. The Site is operated, for the purpose of product sales to U.S. consumers, through its wholly owned U.S. subsidiary, Bialetti USA Inc., which acts as the Seller for all purchases made through the Site.
1.3. Purchases of Products through the Site are made between Bialetti USA Inc., a New Jersey corporation with principal place of business at 401 Hackensack Ave – Suite 701 Hackensack, NJ 07601, Company Number 0450556529, Customer Service Phone: 201 581 5584, Customer Service Email: customerservice.usa@bialettigroup.com (hereinafter "Seller"), and the individual who purchases one or more Products for personal, family, or household use and not for resale or commercial purposes (hereinafter "Consumer"). Seller and Consumer are collectively referred to as "Parties." For purposes of these Terms, "Bialetti" refers collectively to Bialetti US Inc. and Bialetti Industrie S.p.A.
1.4. The resale or transfer of Products purchased on the Site for any commercial or professional purpose is expressly prohibited.
1.5 All activities related to the fulfillment of purchase orders, including delivery of Products, management of complaints, returns, refunds, and warranty claims, will be managed by the Seller and/or its authorized suppliers or commercial partners.
1.6. Any communication by the Consumer related to the purchase of Products on the Site — including complaints, requests relating to the purchase or delivery of Products, returns, and warranty claims — must be sent to the Seller at the contact details indicated in Section 15.4 of these Terms or through the contact form available at https://www.bialetti.com/us_en/contact.
1.7. Each purchase is governed by the Terms as published on the Site at the time the order is placed by the Consumer. The Seller reserves the right to modify these Terms at any time, at its sole discretion. Any material changes to these Terms will be communicated to registered Consumers by e-mail at least thirty (30) days prior to the effective date of such changes. Non-material changes (including typographical corrections or clarifications that do not affect Consumer rights) will be effective upon publication on the Site. For purposes of this Section 1.7, "material changes" include, without limitation, changes to pricing or payment terms, the return or refund policy, the Limited Warranty, the limitation of liability, the dispute resolution or arbitration provisions, or the governing law. Any amendments will apply only to sales concluded from the effective date of the amendment. Continued use of the Site or purchase of Products following the effective date of updated Terms constitutes acceptance of such Terms.
1.8. BY PLACING AN ORDER ON THE SITE, THE CONSUMER EXPRESSLY ACCEPTS THESE TERMS IN THEIR ENTIRETY AND AGREES TO BE BOUND BY THEM. PLEASE READ THESE TERMS CAREFULLY BEFORE MAKING A PURCHASE.
1.9. By placing an Order and accepting these Terms pursuant to Section 4.2, the Consumer consents to receiving the order confirmation and a copy of these Terms at the e-mail address provided during registration or during the purchase process.
1.10. To make purchases through the Site, the Consumer must be at least 18 years of age and have legal capacity. By placing an Order, the Consumer represents and warrants, under their own responsibility, that they are at least 18 years of age and possess the legal capacity to enter into binding contracts.
2. PRODUCT DESCRIPTIONS AND AVAILABILITY
2.1. Products are sold with the characteristics described on the Site and under the Terms published on the Site at the time of the Consumer's order, to the exclusion of any other condition or term.
2.2. Prices, Products for sale on the Site, and/or their characteristics may be subject to changes, which will be reflected on the Site. Such changes apply only to orders not yet confirmed at the date of the change. In any case, before placing an order, the Consumer is invited to verify the final sale price.
2.3. Products available on the Site may only be purchased by users who request delivery within the United States of America. Delivery to addresses outside the United States is not available at this time.
2.4. Product images on the Site are for illustrative purposes only and may not exactly represent the Product, including with respect to color, size, or accessories. The Seller endeavors to ensure that product descriptions are accurate but does not warrant that they are entirely free from typographical or other inadvertent errors. In the event of a material discrepancy between a Product as described on the Site and the Product as received, the Consumer may cancel the order prior to shipment or initiate a return in accordance with Section 9 of these Terms.
3. ORDER PROCESS — FORMATION OF CONTRACT
3.1. The presentation of Products on the Site does not constitute an offer but merely an invitation for the Consumer to submit a purchase proposal.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site constitutes a contractual proposal and is governed by these Terms, which the Consumer expressly accepts at the time of placing the order by checking the appropriate acceptance box (clickwrap acceptance). Before proceeding with the purchase, the Consumer is required to carefully read these Terms.
3.3. The Seller accepts the Consumer's order by sending the Consumer — at the e-mail address provided at the time of registration or at the time of placing the order — an order confirmation e-mail containing: (i) a link to the text of these Terms; (ii) a summary of the order placed, including a detailed breakdown of the price, shipping costs, and applicable taxes; and (iii) a list of the Products ordered. The Consumer's order, the Seller's order confirmation, and the applicable Terms will be archived electronically by the Seller.
3.4. Each Product purchase contract is deemed concluded at the moment the Consumer receives the order confirmation from the Seller by e-mail. The Seller will send the order confirmation within two (2) business days of receipt of the order, excluding Saturdays, Sundays, and federal holidays. During peak periods (such as the holiday season), the Seller will use commercially reasonable efforts to send the order confirmation within the same two (2) business day period but may experience delays; the Consumer will be notified of any such delay. For the avoidance of doubt, the thirty (30) day shipping period prescribed by the FTC Mail or Telephone Order Rule (16 C.F.R. Part 435) shall be calculated from the date the Consumer places the order.
3.5. The Seller reserves the right to reject or cancel any order for any reason, including but not limited to: unavailability of Products, errors in pricing or product descriptions, suspected fraud, or unauthorized activity. In the event of cancellation of a confirmed order, the Seller will notify the Consumer by e-mail and provide a full refund of any amounts charged, without undue delay and in any case within the timeframes set forth in Section 5.3 of these Terms.
4. PURCHASE PROCEDURE
4.1. Products may be purchased by selecting the desired Products and adding them to the virtual shopping cart. To complete the purchase, the Consumer will be prompted to: (i) register on the Site, providing the required information; ; (ii) log in, if already registered.
4.2. Before finalizing the order, the Consumer will be shown an order summary, which they may modify. The Consumer must: (a) expressly accept these Terms of Sale and the Privacy Policy by checking the appropriate box (such box will not be pre-checked); (b) confirm the order by clicking the "Place Order" (or equivalent) button. By clicking the order button, the Consumer acknowledges that they are obligated to pay the full purchase price, including any applicable taxes and shipping costs displayed at checkout.
4.3. If, during the product selection process, the Consumer notices that the price of a Product appears to be materially below its normal listed price as a result of an evident technical error on the Site, the Consumer is requested not to complete the order and to report the error to Customer Service at the contact details in Section 15.4.
4.4. If the Consumer has completed an order that includes a Product whose price is materially below the then-current listed price due to an evident technical error on the Site, and the Consumer has not yet received the Product, the Seller will: (i) cancel the order and notify the Consumer by e-mail within a reasonable time; and (ii) refund all payments made by the Consumer in connection with the cancelled order, including shipping costs, without undue delay and in any case no later than seven (7) business days from the cancellation if paid by credit or debit card, and no later than thirty (30) calendar days for other payment methods, using the same payment method used by the Consumer.
5. SHIPPING POLICY
5.1. The Seller will use commercially reasonable efforts to ship Products within the timeframes indicated on the Site. All delivery dates and timeframes provided on the Site or in any order confirmation are estimates only and are not guaranteed, except as required by the FTC Mail or Telephone Order Rule (16 C.F.R. Part 435).
5.2. In accordance with the FTC Mail or Telephone Order Merchandise Rule (16 C.F.R. Part 435), if the Seller is unable to ship the Product within the time stated at the time of the order (or, if no time was stated, within thirty (30) days of the order date), the Seller will:
- (a) notify the Consumer of the delay and the revised shipping date;
- (b) offer the Consumer the option to cancel the order and receive a full refund; or
- (c) ship the Product by the revised date without requiring additional Consumer action, if the Consumer does not elect to cancel within the time specified in the delay notice.
In the event of a second or subsequent delay beyond the revised shipping date, the Seller will notify the Consumer of the further delay. In such case, the Consumer's silence will not constitute consent to the further delay; the Consumer must affirmatively consent to the new revised shipping date within the time specified in the Seller's notice, failing which the order will be automatically cancelled and a full refund will be issued in accordance with Section 5.3 below.
5.3. If the Consumer elects to cancel pursuant to Section 5.2, or if an order is automatically cancelled due to the Consumer's failure to affirmatively consent to a second delay, the Seller will provide a full refund without undue delay, and in any case no later than:
- (a) seven (7) business days if paid by credit card or debit card; and
- (b) thirty (30) calendar days for other payment methods.
5.4. Products will be shipped via third-party carriers. Free standard shipping is available on orders exceeding 49.99 USD as indicated on the Site at the time of purchase (subject to change without notice, except that any change will apply only to orders placed after the effective date of the change). Shipping costs for orders below this threshold will be calculated and displayed at checkout prior to order confirmation.
5.5. The Consumer is responsible for verifying, promptly upon delivery, that the delivery includes all and only the Products ordered, and for notifying the Seller of any defects or discrepancies within ten (10) calendar days of delivery. Products that are not reported as defective or non-conforming within ten (10) calendar days of delivery will be deemed accepted. If the packaging is visibly damaged upon delivery, the Consumer is advised to refuse delivery or to accept delivery "with reservation" and to document the damage with photographs prior to opening the package. Nothing in this Section 5.5 shall limit any rights the Consumer may have under applicable state law with respect to acceptance, rejection, or revocation of acceptance of goods.
5.6. Title and risk of loss shall remain with the Seller until the Product is delivered to the Consumer's designated delivery address. Upon such delivery, risk of loss and title to the Products pass to the Consumer. In the event of loss or damage during transit prior to delivery, the Consumer should contact Customer Service at customerservice.usa@bialettigroup.com as soon as reasonably practicable. Bialetti will assist the Consumer in filing a claim with the relevant carrier and, where appropriate, will arrange for a replacement or refund.
6. PRICES, TAXES, AND PAYMENT
6.1. All prices on the Site are expressed in United States Dollars (USD) and are inclusive of standard packaging costs. Prices do not include applicable sales tax or shipping costs, which will be calculated and displayed at checkout prior to finalization of the order.
6.2. Applicable sales tax will be calculated at checkout based on the delivery address and the applicable sales tax rate of the relevant state and locality, in accordance with applicable U.S. state and local tax laws, including the economic nexus standards established by South Dakota v. Wayfair, Inc., 585 U.S. 30 (2018). By placing an order, the Consumer acknowledges their obligation to pay any applicable sales tax.
6.3. The Consumer shall pay the Seller the total amount as shown in the order summary and in the order confirmation e-mail sent by the Seller.
6.4. Any additional costs, taxes, or duties that may be applicable (e.g., to orders shipped to U.S. territories) are the sole responsibility of the Consumer.
6.5. The Consumer acknowledges that any additional costs, taxes, or duties that constitute the Consumer's independent legal obligation (e.g., use taxes or duties applicable to orders shipped to U.S. territories) and that were not within the Seller's control or obligation to collect shall not constitute grounds for termination of the purchase contract, and that such costs may not be charged to the Seller.
7. PAYMENT
7.1. Payment is due upon order confirmation by the Consumer. The Consumer expressly acknowledges that performance by the Seller will commence upon receipt of payment.
7.2. The following payment method is accepted: credit card. In particular, payments may be made using the following card networks: Visa, Mastercard, American Express, Discover, Diners Club, JCB and China UnionPay. Additional payment methods, if any, will be indicated in the payment section of the Site.
7.3. When paying by credit card: the Consumer will be redirected to a secure payment page; card data will be transmitted in encrypted form using TLS (Transport Layer Security) technology in compliance with PCI DSS (Payment Card Industry Data Security Standard) requirements; card data is not stored by the Seller. The purchase amount will be charged at the time of order confirmation.
7.4. New Jersey Privacy Act Disclosure. In accordance with the New Jersey Privacy Act (P.L. 2023, c. 266), the collection of credit card information constitutes the processing of sensitive personal data, for which the Consumer's express consent is required. By clicking "Pay & Confirm Order," the Consumer expressly opts in to and consents to the processing of their payment card information solely for the purpose of completing the purchase. The Consumer acknowledges that they have read and understood the Privacy Policy available at https://www.bialetti.com/us_en/legal-area#politica-privacy.
7.5. For accounting and fraud prevention purposes, Bialetti reserves the right to verify the identity of the Consumer.
7.6. The Seller will automatically provide a digital receipt to the Consumer's registered e-mail address upon order confirmation, without requiring a specific request.
8. LIMITED WARRANTY
8.1. Bialetti USA Inc. Limited Warranty. Subject to the terms and conditions set forth herein, the Seller warrants to the Consumer (original end-user purchaser) that Bialetti-branded Products purchased through the Site will be free from defects in materials and workmanship for a period of two (2) years from the date of delivery to the Consumer (the "Warranty Period"). This is a Limited Warranty as that term is used in the Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.).
8.2. During the Warranty Period, if a Product is found to be defective in materials or workmanship under normal use and service, the Seller will, at its sole discretion: (a) repair the defective Product; (b) replace the defective Product with a new or refurbished unit of equivalent value; or (c) refund the purchase price of the defective Product (excluding original shipping costs). These are the Consumer's exclusive remedies under this Limited Warranty. Some states do not allow the exclusion or limitation of remedies, so the above limitation may not apply to you.
8.3. To obtain warranty service, the Consumer must:
- (i) notify the Seller of the defect promptly upon discovery, and in any event no later than thirty (30) calendar days of first discovering the defect, by contacting Customer Service through the contact form at https://www.bialetti.com/us_en/contact, describing the defect and providing photographs of the Product, the order confirmation, and proof of purchase;
- (ii) upon authorization from the Seller (which will include a return merchandise authorization “RMA" — code), return the defective Product to 1175 Florence Columbus Road, Bordertown, 08585 NJ within thirty (30) days of the issuance of the RMA, together with a copy of the RMA authorization.
8.4. Warranty Exclusions. This Limited Warranty does not cover:
- (a) damage caused by accident, misuse, abuse, neglect, unauthorized modification, or repair;
- (b) use of the Product in a manner inconsistent with its intended purpose or the instructions, labels, or warnings provided by the Seller;
- (c) normal wear and tear;
- (d) cosmetic damage (scratches, dents, broken plastic on ports, etc.);
- (e) damage caused by operating the Product outside the permitted or intended uses described in the documentation;
- (f) Products that have been modified by anyone other than the Seller or its authorized service providers;
- (g) defects caused by third-party products used in conjunction with Bialetti Products.
8.5. Authorization to return a Product does not constitute acknowledgment of any defect or non-conformity, the existence of which must be verified upon receipt of the returned Product.
8.6. DISCLAIMER OF IMPLIED WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH IN THIS SECTION 8, THE SELLER MAKES NO ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE BEYOND THOSE EXPRESSLY PROVIDED IN THIS SECTION 8. TO THE EXTENT THAT ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, SUCH WARRANTY IS LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8.7. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
9. RETURN AND REFUND POLICY
9.1. Return Window. The Consumer may return eligible Products within thirty (30) calendar days of the delivery date (the "Return Window"), provided the conditions set forth in this Section 9 are met.
9.2. Conditions for Return. To be eligible for a return, Products must be:
- (a) in their original, undamaged condition, with all original tags, labels, and accessories intact;
- (b) in the original packaging;
- (c) accompanied by the original order confirmation or proof of purchase and the RMA code issued by the Seller.
Products that show signs of use, damage, or alteration, or that are returned without original packaging or documentation, may be subject to a partial refund proportional to the diminution in value, or may be refused at the Seller's reasonable discretion.
9.3. How to Initiate a Return.
- (a) Access the returns portal at https://www.bialetti.com/us_en/rma/guest/login from the Consumer's personal account page and select the Product(s) to return; or
- (b) Contact Bialetti Customer Service at customerservice.usa@bialettigroup.com stating the intention to return and following the instructions provided.
The Consumer will receive a return confirmation e-mail containing an RMA code and return instructions. Returns without a valid RMA code will not be accepted.
9.4. Return Shipping. Return shipping costs and risks are borne by the Consumer, unless the return is due to a defect or error attributable to the Seller, in which case the Seller shall bear all return shipping costs. If the Consumer chooses to use the prepaid return label service offered by the Seller (where available), the cost of the return label will be disclosed to the Consumer prior to use and, if accepted, will be deducted from the refund.
9.5. Refund. Upon receipt and inspection of the returned Product:
- (a) If the return meets the conditions in Section 9.2, the Seller will issue a refund of the Product purchase price, net of the original shipping costs and any agreed return shipping costs deducted pursuant to Section 9.4, within fifteen (15) calendar days of receipt and verification of the returned Product;
- (b) Refunds will be issued using the same payment method used for the original purchase;
- (c) The Seller may suspend processing of the refund until the returned Product has been received and inspected. The Seller will complete such inspection within five (5) business days of receipt of the returned Product.
9.6. Non-Returnable Products. The following Products are not eligible for return:
- Products customised or engraved at the customer's request (e.g. with name, logo, text or graphic elements)
- Items with distinctive elements or monograms requested by the customer
9.7. Damaged or Defective Products. If a Product is received damaged or defective, the Consumer must notify Bialetti Customer Service within ten (10) calendar days of delivery, with photographic documentation of the damage or defect. The Seller will, at its reasonable discretion, arrange for a replacement, repair, or full refund (including original shipping costs) in accordance with Section 8 above.
9.8. Nothing in this Section 9 limits the Consumer's statutory rights or the Consumer's rights under the Limited Warranty in Section 8.
10. LIMITATION OF LIABILITY
10.1. LIMITATION ON DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO THE CONSUMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, OR THE PURCHASE OR USE OF PRODUCTS, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 10 SHALL LIMIT OR EXCLUDE THE SELLER'S LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY THE SELLER'S NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING UNDER THE NEW JERSEY CONSUMER FRAUD ACT (N.J.S.A. 56:8-1 ET SEQ.) OR THE MAGNUSON-MOSS WARRANTY ACT.
10.2. CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SELLER'S TOTAL CUMULATIVE LIABILITY TO THE CONSUMER FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE OF PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY THE CONSUMER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM. THIS CAP ON LIABILITY SHALL NOT APPLY TO THE EXCEPTIONS SET FORTH IN SECTION 10.1 ABOVE.
10.3. The Seller shall not be liable for any failure or delay in performance of its obligations under these Terms arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, governmental restrictions, interruptions or malfunctions of internet networks, power outages, or acts of third parties (collectively, "force majeure events"). Labor disputes shall constitute force majeure events only to the extent they are industry-wide or otherwise beyond the Seller's reasonable control. In the event of a force majeure event, the Seller will notify the Consumer as promptly as reasonably practicable and will use commercially reasonable efforts to resume performance.
10.4. The Seller shall not be liable for any fraudulent or unauthorized use by third parties of the Consumer's credit card or other payment instruments, provided that the Seller has adopted all technically and commercially reasonable security measures.
10.5. The Seller shall not be liable for any unauthorized modifications to Site content made by third parties who have fraudulently accessed the Site.
10.6. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOUR RIGHTS MAY ALSO VARY DEPENDING ON THE STATE IN WHICH YOU RESIDE.
11. INTELLECTUAL PROPERTY
11.1. The Consumer acknowledges that all trademarks, trade names, logos, distinctive signs, domain names, images, photographs, written and graphic content used on the Site or relating to the Products are and remain the exclusive property of Bialetti Industrie S.p.A. and/or its licensors and assigns, protected under applicable U.S. intellectual property law, including but not limited to the Lanham Act (15 U.S.C. § 1051 et seq.) and the U.S. Copyright Act (17 U.S.C. § 101 et seq.). No right, title, or interest in any such intellectual property is granted to the Consumer by reason of access to the Site or purchase of Products.
11.2. No content of the Site may be reproduced, in whole or in part, 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 its assigns.
12. CONSUMER DATA AND PRIVACY
12.1. To register on the Site and complete purchases, the Consumer will be asked to provide certain personal information. The Consumer acknowledges that personal data provided will be collected and used by Bialetti and/or its authorized commercial partners in accordance with applicable U.S. law, in particular the New Jersey Privacy Act (P.L. 2023, c. 266), the California Consumer Privacy Act/California Privacy Rights Act (CCPA/CPRA), and other applicable state privacy laws, as described in the Privacy Policy available at https://www.bialetti.com/us_en/legal-area#politica-privacy.
12.2. The Consumer represents and warrants that the information provided to Bialetti during the registration and purchase process is accurate and truthful.
12.3. The Consumer may update or modify their personal data at any time through the personal area of the Site or by contacting Customer Service at customerservice.usa@bialettigroup.com.
13. SECURITY
13.1. While Bialetti adopts commercially reasonable technical and organizational measures to protect personal data against loss, unauthorized access, falsification, manipulation, and unauthorized third-party use, due to the inherent characteristics and technical limitations of internet communications, Bialetti cannot guarantee that information shared by the Consumer on the Site will not be accessible by unauthorized third parties.
13.2. For credit card payment data, the Seller uses the services of PCI DSS-compliant payment processors that employ TLS encryption and other industry-standard security technologies to ensure the highest levels of reliability, security, and confidentiality in data transmission.
14. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
14.1. Informal Resolution. Before initiating any formal dispute resolution process, the Consumer agrees to contact the Seller's Customer Service at customerservice.usa@bialettigroup.com and attempt to resolve the dispute informally. The Consumer and the Seller agree to negotiate in good faith for at least thirty (30) days from the date of the Consumer's written notice of the dispute before initiating arbitration or any other formal proceeding.
14.2. Binding Arbitration. If the Parties are unable to resolve the dispute informally within thirty (30) days, any and all disputes, claims, or controversies arising out of or relating to these Terms, the Site, or the purchase of Products shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at www.adr.org), which are incorporated herein by reference. The question of whether a specific dispute is subject to arbitration under these Terms shall be determined in accordance with the AAA Consumer Arbitration Rules, which vest such authority in the arbitrator. Arbitration shall be conducted in English and, unless the Consumer and the Seller agree otherwise, shall take place in Hackensack, Bergen County , New Jersey, or, at the Consumer's election, may be conducted by telephone, video conference, or document submission, without requiring the Consumer to travel.
14.3. CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE WITH RESPECT TO ANY PARTICULAR CLAIM, ONLY THAT CLAIM SHALL PROCEED IN COURT AND NOT IN ARBITRATION.
14.4. JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
14.5. Exceptions to Arbitration. Notwithstanding the foregoing, either Party may bring an individual claim in small claims court (in the State of New Jersey or the Consumer's state of residence, as applicable) for claims within that court's jurisdiction, without first completing the informal dispute resolution process in Section 14.1. Either Party may also seek injunctive or other equitable relief in a court of competent jurisdiction for infringement or misappropriation of intellectual property rights.
14.6. Governing Law; Venue. These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles, and without application of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For any claims excluded from arbitration under Section 14.5, the Parties consent to exclusive jurisdiction and venue in the state or federal courts located in Bergen County , New Jersey. Notwithstanding the foregoing, to the extent that applicable mandatory consumer protection laws of the Consumer's state of residence — including without limitation the California Consumer Privacy Act (CCPA/CPRA), the Magnuson-Moss Warranty Act, and any other applicable federal consumer protection law — provide greater protections than New Jersey law, such mandatory protections shall apply.
14.7. Severability. If any provision of this Section 14 is found to be invalid, illegal, or unenforceable, only that specific provision shall be stricken and the remaining provisions of this Section 14 shall remain in full force and effect.
15. GENERAL PROVISIONS
15.1. Severability. If any provision of these Terms (other than the provisions of Section 14, which are governed by Section 14.7) is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect.
15.2. Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, and Limited Warranty, constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations, and representations, whether oral or written.
15.3. No Waiver. Failure by Bialetti to enforce any provision of these Terms shall not constitute a waiver of its right to enforce such provision or any other provision at any time.
15.4. Contact Information. For any questions regarding these Terms or for any communications required under these Terms, please contact:
Bialetti USA Inc. 401 Hackensack Ave – Suite 701 Hackensack, 07601 - New Jersey, Customer Service: + 201 581 5584 Email: customerservice.usa@bialettigroup.com
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