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Conditions of sale

 

 

Date of publication on the site and of entry into force January  1, 2019

 

1. Object

 1.1 The current general conditions of sale (hereinafter also the "Conditions") apply to the purchase of "BIALETTI" brand products (hereinafter "Products" or singular "Product") executed through the e-commerce website www.bialetti.it (hereinafter "Site") by users who qualify as "Consumers" pursuant to article 1.2 below. The Site owned by Bialetti Industrie SpA, with registered office in Via Fogliano, 1, 25030 Coccaglio (BS) tax code, VAT number 03032320248, registration number in Brescia Business Register 443939 (hereinafter "Owner"), is managed by Triboo Digitale Srl - Triboo Group company - with registered office in Viale Sarca 336 20126 Milan, Italy, tax identification number, VAT number and Milan Business Registry number 02912880966 (hereinafter "TRIBOO DIGITALE").

 1.2. TRIBOO DIGITALE deals with Products sale through the Website on behalf of the Owner in their own name. Products purchases made through the Website will see TRIBOO DIGITALE as parts, as the seller (hereinafter the "Seller"), and the person who purchases one or more Products for purposes not related to their business, commercial or craft activity or professional, as buyer (hereinafter the "Consumer"), (Seller and Consumer will be collectively referred to below as the "Parties").

 1.3. The Owner isn’t a party to these Terms, but they’re the holder of the rights on the domain name of the Site, the logos and trademarks, relating to the Products presented on the Site, as well as the copyright on the contents of the Site.

 1.4. Any communication from the Consumer regarding and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Website and to the e-mail address customercare@bialetti.it

 1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer.

 1.6. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Individuals who are not consumers are requested not to execute purchase orders. If one or more sales are made to a subject that cannot be qualified as a Consumer, these Conditions will apply but, notwithstanding of what expected of them:

 a)      the purchaser will not be granted the right of withdrawal referred to in Article 10;

 b) the purchaser will not be able to benefit from the warrantee of the Products indicated in Article 8;

 c) the purchaser will not be recognized any other protections provided herein in favour of the Consumer, which reflect or comply with mandatory provisions of the law;

 d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods - 1980 Vienna Convention.

 1.7. With the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the placed order and the present Conditions are sent to him by e-mail, to the address supplied by him during the registration to the Site or during the purchase process.

 1.8. In order to make purchases through the Site, the Consumer must be of age (18 years) and have the ability to act, which the Consumer declares to possess.

 1.9. Any costs for connecting to the Website via Internet, including telephone charges, are charged to the Consumer, according to the rates applied by the operator selected by the Consumer himself.

 

2. Product Characteristics and their availability in various geographical areas

 2.1  The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the order is sent by the Consumer, with the exception of any other condition or term.

 2.2  The Seller reserves the right to modify these Terms at any time, at their discretion, without giving any notice to the users of the Site. Any changes made will be effective from the date of publication on the Site, and will apply only to sales concluded starting from that date.

 2.3   Prices, Products for sale on the Site and/or their characteristics may be subject to change without notice. These changes only operate for orders not yet confirmed at the date of the change. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.

 2.4 The Website can be accessed from all over the world. However, the Products available on the Site can only be delivered in one of the States indicated on the Site.

 

3. How to purchase the Products - Finalization of each individual purchase contract

 3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.

 3.2. The purchase order sent by the Consumer to the Seller through the Website has the value of a contractual proposal, and is governed by these Conditions, which form an integral part of the order itself and which the Consumer, by sending the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be invited to carefully read these Conditions and the information on the right of withdrawal, to print a copy through the print command and to memorize or have a copy for your personal use. Furthermore, the Consumer will be invited to identify and correct any errors in entering his data.

 3.3. The purchase order of the Consumer is accepted by the Seller by sending it to the Consumer, to the e-mail address he has supplied the Seller at the time of registration on the Site, or the transmission of the order if the Consumer is not registered on the Site , of an e-mail confirming the order itself, which will contain the link to the text of these Conditions, the summary of the order including a detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the ordered Product. 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 in its computer systems and the Consumer may request a copy by sending an e-mail to the Seller at the address customercare@bialetti.it.

 3.4. Each contract for the purchase of the Products is considered concluded when the Consumer receives confirmation about the order from the Seller via e-mail.

 

4. Product selection and purchase procedure

 4.1. The Products presented on the Site may be purchased by selecting the Consumer Products of interest and their inclusion in the specific virtual shopping cart. After the selection of the Products, to carry out the purchase of the Products included in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order is different from that provided during registration on the Site, the Consumer will be asked to confirm his/her data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where it can be contacted for any communications regarding the purchase made. The Consumer will see a summary of the order to be executed, of which he may modify the contents: then the Consumer, after careful reading, must expressly agree to these Conditions, through the appropriate check-box on the Site and finally, through the "Insert order" button, the Consumer will be asked to confirm his order, which will then be sent to the Seller and will produce the effects described in the previous paragraph 3.2. of this contract. The Consumer will also be asked to choose the shipping method and payment method, among those available. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, PayPal will be required to communicate the relevant data via secure connection. For accounting and administrative reasons, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be debited exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.

 4.2. If during the selection of the Products on the Site referred to in paragraph 4.1 above, the Consumer detects that the price of one or more of the Products they intend to select for the subsequent purchase is clearly lower than the one normally applied, because of any discounts and/or promotions in vigour at the time, or due to an obvious technical problem occurring on the Site, it is requested not to complete the purchase order and to report the aforementioned technical error to the Seller's Customer Service, by sending an e-mail to the e-mail address customercare@bialetti.it.

5. Goods delivery and acceptance

 5.1. The Site indicates the Products’ availability and their delivery times, however, such information is to be considered purely indicative and not binding for the Seller.

 5.2 The Seller undertakes to do everything in their power in order to comply with the delivery times indicated on the Site and, in any case, to deliver within a maximum time of 30 (thirty) days starting from the day following the placing of the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any amounts already paid by the Consumer for payment of the Product pursuant to the following par. 5.3.

 5.3. The shipment of the Products ordered by the Consumer will take place in the way selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to promptly check and in the shortest possible time that the delivery includes all and only the Products purchased and to promptly inform the Seller of any possible defect of the Products received or of their differences with respect to the order made, according to the procedure referred to in the following art. 8 of these Conditions, in the absence of these the Products will be considered accepted. Should the packaging or wrapping of the products arrive at destination clearly damaged, the Consumer is asked to refuse delivery by the carrier/shipper or to accept delivery "with reserve".

5a. E.E.E.W. - Free collection of electrical and electronic equipment of equivalent use

 5bis.1. EEEW is electrical and electronic equipment waste (EEE), ie the waste of all appliances that depend on electric power or electromagnetic fields, and the equipment for generating, transferring and measuring these power and fields. The Legislative Decree n. 49 of 14 March 2014 on electrical and electronic equipment waste requires that all devices falling into one of the aforementioned categories that have reached the end of their life, must not get into the normal solid urban waste stream, but must follow a separate collection procedure, giving priority to the recovery and recycling of the materials they are made of.

 5bis.2. In compliance with the aforementioned legislation, the Consumer may deliver the discarded electrical and electronic equipment to the public collection service or take it to the appropriate municipal areas (ecological islands).

 5bis.3. However, to the Consumer who has purchased a Product on the Site that can be classified as "electrical and/or electronic equipment" intended for a household, pursuant to Legislative Decree no. 49/2014, among those available on the Site itself, is assured the free withdrawal, on a one-to-one basis, of the equivalent used equipment, or having the same functionality as the new Product purchased on the Site.

 5bis.4. The Consumer who intends to take advantage of the free collection of their used goods referred to in the previous paragraph, must expressly communicate it to the Seller, through the contact form at this link, specifying on the Site the executed order’s number, for the purchase of the new Product, and the type of equivalent equipment used that they wish to be subject to collection. The Consumer will then receive from the Seller's customer service, at one of the addresses supplied, the instructions to allow the Seller to subsequently carry out the collection of the used merch at the address indicated by the Consumer.

 5bis.5. The withdrawal pursuant to this Article 5bis (a) is not possible with respect to a purchase of a Product not belonging to the EEE category, the detail of which is shown in Annex 1 and 2 of Legislative Decree 49/2014, as well as (b) in case of request for withdrawal of used equipment not equivalent to the one object of the purchase order executed through the Site.

 

6. Prices, shipping costs, fees and taxes

 6.1. The price of the Products is the one indicated on the Site when the order is sent by the Consumer. Prices are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs that are calculated before the order is confirmed by the Seller to the Consumer and that the same Consumer undertakes to pay the Seller in addition to the price indicated on the Site.

 6.2. The Consumer must pay the whole price to the Seller, as reported in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.

 6.3. If the Products have to be delivered to a Consumer not belonging to the European Union, the total price indicated in the order and confirmed in the order confirmation, inclusive of indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Consumer undertakes as of now to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country in which the Products will be delivered . The Consumer is invited to inquire with the competent bodies of his country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products.

 6.4. The Consumer is solely responsible for any additional costs, charges, taxes and/or duties that a given country may apply to any Products in accordance with these Conditions.

 6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or fees referred to in the preceding paragraphs. 6.3. and 6.4., at the time an order is sent to the Seller, cannot constitute a cause for termination of this contract and that it can’t in any way charge the aforementioned charges to the Seller.

7. Payments

 7.1. The payment of the price of the Products purchased through the Site must be made within the essential deadline of 10 (ten) days starting from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will start when the price of the purchased Product (s) is credited to the Seller's current account.

 7.2. Payment can be made by credit card or via PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Website.

 7.3. If the payment is made by credit card, the Consumer will be transferred to a protected site and the credit card data will be communicated directly to Banca Sella, the operator that deals with payments on behalf of the Seller. The transmitted data will be sent in protected mode, through the encrypted data transfer with a 128 bit SSL (SecureSocketLayer) system. Such data is not accessible, not even for the Seller.

 7.4. The Seller will promptly send to the Consumer, if required by applicable law, in electronic format via e-mail to the address supplied by the them, the fiscal receipt relating to the purchase, if the Products purchased are intended to be delivered in Italian territory, or attached in paper format to the Products purchased, in all other cases.

8. Legal warranty of conformity of the Seller, reporting of conformity defects and warranty interventions

 8.1. Pursuant to and for the purposes of the European Directive 44/99 / EC and of the Italian Legislative Decree n. 206/2005 (hereinafter the "Consumer Code"), the Seller guarantees the Consumer that the Products will be free of design and material defects and compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of Consumer Products. The application of any warranty is excluded in case of improper use of the Product or in any case not in compliance with the instructions/warnings provided by the Seller and/or by the Owner, or reported in the illustrative documentation of reference, in the tags or labels.

 8.2. Under penalty of forfeiture of this warranty, the Consumer has the duty to report any defects and non-conformities within and no later than 2 (two) months from discovery, to the Seller's Customer Service, by e-mail to customercare@bialetti.it, the proper form correctly filled in, with indication of the defect and/or non-compliance found, as well as the related documentation indicated in the return form itself [at least 1 (one) photograph of the Product that evidently highlights the defectiveness, the order confirmation sent by the Seller and / or the tax receipt].

 

8.3. Following the receipt of the form and related documentation, the Seller will assess the defects and non-conformities reported by the Consumer through the Owner's assistance service and, after having carried out quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the repair or replacement or refund of the residual value of the Products by providing the Consumer with a response, containing the "Return Code", by e-mail to the address provided by the latter during the process of registering on the Site or in phase order transmission. The authorization to repair, replace or refund the residual value of the Products will not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return.

 8.4. If the Seller has undertaken to refund the Consumer the residual value of the Products, the reimbursement will be made, when possible, by the same means of payment used by the Consumer when purchasing the Product, or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, again via e-mail to the address customercare@bialetti.it, the bank details to make the transfer in his favour and to ensure that the Seller is in the position of being able to return the due sum.

 

9. Liability for defective products

 9.1. As for any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC and the Consumer Code will be applied. The Seller, in the capacity of distributor of the Products through the Site, is released from any responsibility, none excluded and/or excepted, indicating, at the request of the damaged Consumer, the identity and address of the manufacturer.

10. Right of withdrawal

 10.1 Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, the Consumer is entitled to withdraw from any contract concluded under these Conditions, without having to provide any reasons and without penalty, within the term of 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of purchase of more Products delivered separately with a single order, when the last product was delivered.

10.2 To exercise the right of withdrawal, the Consumer must inform Triboo Digitale, before the deadline referred to in paragraph 10.1 above, of his decision by accessing the "My returns" page from My Account or, if not registered to the site, by accessing the dedicated page and entering the order number and the e-mail with which the purchase was made. Alternatively, the Consumer can send an explicit declaration to Digital Triboo through the contact form or at the address customercare@bialetti.it of his decision to withdraw by using the attached withdrawal form.

 10.3 Following the provisions of the previous point 10.2, the Consumer will receive an e-mail confirming the exercise of the withdrawal, containing, in the case in which they have in the meantime already received the ordered product, the return form to be included in the package, and the instructions for return the product, to be sent no later than the following 14 days a Triboo Digitale SRL C / O Arvato Via Lombardia 21 24060, Telgate (BG) – ITALY.

 10.4 In the event of exercise of the right of withdrawal, the Consumer is required to return the product to Triboo Digitale, at the address indicated above, at his own expense, without undue delay and, in any case, within 14 days from the day on which they communicated the withdrawal. The deadline is met if the Consumer returns the goods before the 14-day period expires. The risks and direct costs of returning the goods, as well as the proof of this, will be borne by the Consumer. Triboo Digitale provides the Consumer, in the event of withdrawal, with the possibility of availing himself of a service agreement for the collection of the product. In this case, the Consumer must, through the dedicated page on the site, confirm the request for withdrawal, and at the same time the cost for returning the goods will be indicated.

 10.5 In case of withdrawal, the Consumer will be reimbursed the payments they made, including delivery costs (with the exception of the additional costs deriving from the choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests reimbursement on different means of payment, in which case any additional costs arising from the different means of payment will be charged to the Consumer. The reimbursement may be suspended until the goods are received or until the Consumer demonstrates of having sent back the goods, if done earlier.

 10.6 The Consumer is responsible for the decrease in the value of the goods resulting from a handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scratching, denting, deformation, etc.), they do not include all their elements and accessories (including labels and tags unaltered and attached to the product) , not accompanied by the attached instructions/notes/manuals, the original packaging and the warranty certificate, where present, the Consumer will be responsible for decreasing the asset value of the merchandise, and will be entitled to a refund of the amount equal to the residual value of the Product . To this end, therefore, the Consumer is asked not to handle the goods beyond what is strictly necessary to establish their nature, characteristics and operation, and to cover the original packaging of the Products with other protective packaging to preserve their integrity and protect them during transport even from writings or labels.

 

11. Intellectual property rights

 11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive signs, names, images, photographs, written text or graphics used on the Website or relating to the Products are and remain exclusive property of Bialetti Industrie S.p.A. and/or its assignees, without any right to the Consumer deriving from the access to the Site and/or the purchase of the Products.

 11.2. The contents of the Site may not be copied, either in whole or in part, or transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Bialetti Industrie S.p.A.

 

12. Consumer data and privacy protection

 12.1. In order to proceed with the registration, the forwarding of the order and therefore the conclusion of the contract on the basis of these Conditions, certain personal data to the Consumer are requested through the Website. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and by Bialetti Industrie S.p.A., in accordance with and in compliance with the legislation referred to in the Italian law Legislative Decree no. 196/2003 and s.m.i. - Privacy Code, to execute each purchase made through the Site and, with their consent, for any further activities as indicated in the specific privacy statement provided to the Consumer through the Site at the time of registration.

 12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are true and correct.

 12.3. The Consumer may at any time update and/or modify their personal data provided to the Seller through the appropriate section of the "My Account" Site accessible after authentication.

 12.4. For any further information on the methods of processing the Consumer’s personal data, please access the Privacy Policy section and read the General Terms and Conditions of Use carefully.

 

13. Safety

 13.1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations related to the protection of electronic communications via Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), are not accessible or viewable by unauthorized third parties.

 13.2. With regard to data relating to payments by credit card, the Seller uses the services of the company Banca Sella which adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

 

14. Applicable law, conciliation attempt and competent court

 14.1. Any sales contract concluded between the Seller and Consumers pursuant to these Conditions will be governed and interpreted in compliance with Italian laws and in particular with the Consumer Code, with specific reference to the legislation on distance contracts and the legislative decree of 9 April 2003 n. 70 on certain aspects concerning electronic commerce. In any case, the rights possibly attributed to Consumers by mandatory provisions of law in force in the State of the latter will be reserved.

 14.2. In the event of disputes between the Seller and a Consumer, we are now guaranteeing our participation in a friendly conciliation attempt that each Consumer may promote before RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce, which allows you to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and secure way on the internet. For more information on the RisolviOnline regulation or to send a conciliation request, go to www.risolvionline.com.

 14.3. As an alternative to the conciliation attempt referred to in paragraph 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and EU Regulation n. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations arising from sales contracts or online services between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) that has joined in, selected from a special list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr. The address of e-mail address of the Seller to be indicated in the European ODR Platform is as follows: customercare@bialetti.it

 14.4. If the attempt at conciliation pursuant to the previous point 14.2 or 14.3 is not adhered to, or if such attempt should have a negative outcome, the dispute will be referred to the judge of the Consumer’s place of residence or domicile.