Conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE, effective as of 8th June 2020
PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF SALE BEFORE ORDERING PRODUCTS ONLINE FROM THIS WEB SITE.
The following Terms and Conditions of Sale govern the sale on this website www.alessi.com (Website). The seller is ALESSI USA INC , 141 West 36th Street - 16th Fl - NY 10018 - NEW YORK - Corporate Registration Number 52 211 2667 (Seller or Alessi).
Article 1. Application Scope
1.1 The sale on the Website is a distance sale agreement regulated by the New York City Consumer Protection Law.
1.2 The General Terms and Conditions of Sale apply to all sales processed by the Seller on the Website. The terms are calculated only considering business days and excluding Saturdays, Sundays and holidays.
1.3 General Sales Conditions can be changed and / or modified at any time. Eventual changes and / or new conditions will be valid starting from the date of their release on the Website. For this reason, before placing any order, the users are kindly invited to visit regularly the website in order to read the most updated version of the General Sale Conditions.
1.4 The applicable General Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.
1.5 These General Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than the Seller, available on the Website through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user must check their conditions of sale. The Seller is not liable for the supply of services and/or the sale of products by these parties. The Seller does not carry out any checks on and/or monitoring of the websites that can be reached through these links. The Seller takes no responsibility for the contents of these Websites, nor for any possible mistakes and/or omissions and/or legal breaches by the said websites.
1.6 The user shall carefully read these General Terms and Conditions of Sale and all other information that the Seller provides on the Website.
1.7 To place an order on the Website, you must be of legal age in your country and a consumer - not a reseller.
1.8 The Website is intended solely for Alessi to sell Alessi products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of Alessi product by someone who resells, or intends to resell, the Alessi product to others (consumers, businesses or any third party). If Alessi believes you are involved in purchase for resale, Alessi reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
Article 2. Purchasing through the Website
2.1 The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the User will be asked to (i) register with the Website, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Website registration phase, the User will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the User can be contacted in relation to the purchase made. The User will be shown a summary of the order to be processed, and change the contents: at this point, the User, is required to carefully read and expressly approve these Conditions by ticking the relative check box and, finally, confirm the order by pressing the "Place Order" button. The User will also be asked to select a delivery option and a payment method from those available. The Seller reserves the right to check the personal details provided by the User for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the User when the Seller sends the actual order confirmation.
2.2 In the event that during the Product selection procedure on the Website pursuant to art. 2.1 above, the User should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Website, the User is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care at the following link: https://alessi-us.myshopify.com/pages/contact-us
2.3 In the case of orders that are anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to stop the irregularities.
2.4 The Seller reserves the right to refuse or cancel orders placed:
- by a user with whom the Seller is in dispute
- by a user who has breached this General Terms and Conditions of Sale
- by a user who has committed crimes
- by a user who has sent false, incomplete or otherwise inaccurate personal data or who has not sent the Seller the required documents.
Article 3. Registering on the Website
3.1 To register on the Website, the user must fill out the registration form, entering the following data:
3.2 The user undertakes to immediately inform the Seller if they have suspicions of or become aware of any illegal use or disclosure of said data.
3.3 The user hereby guarantees that the personal data provided during the registration procedure for the Website are complete and truthful and undertakes to indemnify and hold harmless the Seller against any losses, damages and/or liabilities deriving from and/or in any way connected to the breach by the user of the provisions concerning registration within the Website or the storage of registration credentials.
Article 4. Disclaimers and limitations of Liability
ALESSI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THIS WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALESSI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE US SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Article 5. Product Availability
5.1 Product availability is constantly monitored and updated. Nevertheless, since the Website may be visited simultaneously by various users, it is possible that more than one user purchase the same product at the same time. In these cases, the Product may appear as available for a short time, even though it is actually out of stock or momentarily unavailable, since restocking is necessary.
5.2 The Website contains information relating to the availability of each Product.
Article 6. Product Sheet
6.1 Each Product is accompanied by a product information sheet illustrating its main features (Product Sheet). The images and descriptions on the Website reproduce the features of the Products as faithfully as possible. However, the colors of the Products may differ from the actual ones due to the settings of the computer systems or the computers used to view them. Moreover, the images of the Product in the Product Sheet may differ in size or in relation to accessory products. These images must thus be understood as being approximate and implying commonly accepted tolerance thresholds. For the purposes of the sale of goods agreement, the description of the Product in the order form transmitted by the user shall be taken as the point of reference.
6.2 Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
Article 7. Prices
7.1 The Seller hereby reserves the right to change the price at any time, without prior notice, it being understood that the price charged to the user shall be the one listed on the Website at the time the order is placed, and no fluctuations (increase or decrease) shall register subsequent to the transmission of said order.
7.2 The shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit the same.
7.3 All prices are in US Dollars.
Article 8. Purchase Orders
8.1 The Seller will deliver the Products only after receiving the confirmation of the successful payment of the Total Sum Due by the use. Ownership of the Products will be transferred to you at the time of the delivery, understood as the time of delivery of the Product to the carrier. Any risk of loss or damage to the Product(s) which cannot be attributed to the Seller, will pass onto the user, once the latter or a third party designated by the user other than the courier materially gains possession of the Product(s).
8.2 The purchase contract is terminated subject to non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled accordingly.
Article 9. Payment Methods for Purchases Made through the Website
9.1 The payment on the Website can be made by:
- Payment cards
- Google Pay, Apple Pay, Shop Pay
9.2 The charge will only be made after (i) your payment card details used for payment have been verified and (ii) the issuer of the payment card used by you has issued the debit authorization.
The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the relevant payment institution without passing through the servers used by the Seller. The Seller therefore never has access to and does not store the data of your payment card used to pay for the Products.
The charge of the Total Sum Due will only be made at the time of transmission of the order.
9.3 As for PayPal payments, the user will be redirected to the website www.paypal.com, where they shall make the payment on the basis of the prescribed procedure regulated by PayPal and the terms and conditions of the agreement agreed between the user and PayPal. The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with the Seller. The Seller is thus unable to know, or memorise in any way, the credit card details linked to the user's PayPal account, or the details of any other form of payment linked to said account.
If payment is made through PayPal, the Total Sum Due will be charged by PayPal to the user's account at the same time as the conclusion of the online agreement. If the agreement is terminated, or in any other case of refund, for any reason, the amount of the refund due to the user shall be credited to the user's PayPal account. The term for crediting the sum on the payment tool linked to this account depends exclusively on PayPal and the bank system. Once the credit order has been arranged in favor of the said account, the Seller shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. Any type of refund to be made pursuant to these General Terms and Conditions of Sale will be made to the user's PayPal account.
Art. 10. Product Delivery
10.1 Delivery of the Products purchased on the Website is carried out in USA only.
10.2 The expenses for delivery of the Products, which may vary according to the delivery procedure chosen by the user, and any other possible cost, will be borne by the user, except where otherwise stated in the Product Sheet or in other parts where this is communicated.
10.3 The Products will be delivered within 5 days of receipt of the order. In the case of omission of a term of delivery, this will take place, in any case, within thirty days, effective from the day on which the agreement is entered into.
10.4 You are kindly asked to verify the conditions of the Product delivered. Without prejudice to the fact that the risk of loss of or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and different from the carrier, physically take possession of the Product, the Seller suggests to you to check the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, even in the closing materials; also, the Seller suggests to you to indicate on the carrier's transport document, any anomalies, accepting in this event the package with reservation. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the right of withdrawal (if any for the Product) and legal guarantee of conformity apply.
Article 11. Right of Withdrawal
11.1 The user has the right to withdraw from the sale of goods agreement for the Product without stating the reason and without incurring in additional costs and expenses other than those indicated in this article, within fourteen calendar day (Right of withdrawal). The withdrawal period (Withdrawal Period) expires after 14 days from the day the user or a third party other than the carrier and designated by the user comes into material possession of the Product.
11.2 To exercise the Right of withdrawal, the user must inform the Seller, prior to the expiry of the Withdrawal Period, of their decision to withdraw.
11.3 You have exercised your Right of withdrawal within the Withdrawal Period if the relevant communication is sent by you before the expiry of the Withdrawal Period. This communication must be sent by e-mail to:
11.4 The cost for returning the Product (including custom duties) is at the user's expense and the return occurs under their responsibility.
11.5 The Products shall be sent by the user to the following address:
JAS Forwarding (USA) Inc.
11.6 The user is only responsible of the decrease in value of the goods due to a different use of the Product to the one necessary to establish the features and the Product functioning. In any case the Product must be kept, handled and inspected with the normal diligence and returned intact, complete in all his parts, fully functional, must include also all the accessories and the illustrative leaflets, the labels and the seal, if present, attached to the Product and intact and not tampered, and perfectly suitable for the use to which it is intended and free of signs of wear or dirt. The withdrawal is applied to the Product in its entirety. In this sense it cannot be exercised just for some parts and/or accessories (which don’t represent and are not autonomous products) of the Product.
11.7 In the event that the withdrawal has not been exercised in compliance with the provisions of the applicable legislation, it will not result in termination of the contract and, by consequence, won’t create any right of reimbursement. The Seller will communicate to the user that it will reject the withdrawal request from the reception of the Product. In case the Product already arrived back to the Seller, it will stay to the Seller for user disposal for the pick-up that will have to be done on charge and under responsibility of the user.
Article 12. Governing Law and Choice of Forum
The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of New York, State of New York.
- Intellectual Property Rights
13.1 The User acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Website or relating to the Products are and remain the exclusive property of Alessi and/or its assignees, with no rights arising on the part of the User in relation to the same as a result of access to the Website and/or purchase of the Products.
13.2 Unless prior specific consent is granted in writing by Alessi, no contents of the Website can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
Article 14. Customer Care and Complaints
You may request information, send communications, ask for assistance or submit complaints by contacting the Seller's Customer Service as follows:
- filling in and sending the contact request form available in the page "Contact Us"
- by email, writing to:firstname.lastname@example.org
The Seller will deal with complaints by replying within 2 days of receipt.