Last Updated: March 1, 2022
These Terms and Conditions (“Terms”) apply to your access to, purchase of, and use of the Products and Services of LELIT srl a socio unico, collectively “LELIT”, “we,” “us,” or “our”.
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 16 FOR RESIDENTS OF THE UNITED STATES. BY CLICKING TO INDICATE YOUR ACCEPTANCE TO THESE TERMS, OR OTHERWISE ACCESSING, PURCHASING OR USING OUR PRODUCTS AND SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS REFERENCED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS, PURCHASE OR USE OUR PRODUCTS OR SERVICES.
LELIT reserves the right to change or modify these Terms at any time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the “Last Updated” date at the beginning of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you must not access or use the Services. Any changes we make will not affect your rights with respect to Products you have already purchased or orders you have already placed.
1. Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. By using the Services, you consent to receiving electronic communications from us and that any notices, agreements, disclosures or other communications we send to you will satisfy any applicable legal requirements including that communications be in writing.
2. Additional Terms
When you use our Products and Services, your use is subject to the applicable terms and conditions for those Products and Services.
3. Eligibility; Registration and Account
3.1 Eligibility. The Services are not targeted toward or intended for use by anyone under the age of 16. In addition, if you are between the ages of 16 and 18 (or between 16 and the age of legal majority under applicable law), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services or engaged in any activity that could result in suspension or removal from the Services, and (b) have full power and authority to enter into these Terms and that in so doing, will not violate any other agreement to which you are a party.
3.2 Registration and Account. To access and use certain areas or features of the Services, you will need to register for a LELIT account and/or create a profile. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update your account information from time to time as necessary, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party you authorize to access or use your account and the Services, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.
4. Terms of Sale
4.1 Price and Availability. Prices are subject to change without notice. Products are subject to availability. Some of the Products are shown in the Services for promotional purposes only and may not be available for purchase.
All prices are shown in U.S. dollars, unless we display prices in the local currency. Prices do not include applicable Taxes (defined below), shipping and handling charges, or other fees, unless we clearly state otherwise or are required by law to display prices inclusive of any Taxes, charges and other fees.
All Products and Services offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue sales of Products and Services without prior notice. Prices for Products and Services are subject to change at any time, but such changes will not affect any order for Products or Services you have already placed.
4.2 Payment and Billing Information. By providing a credit card or other payment method that we accept, you represent and warrant all payment information is accurate and that you are authorized to use the designated payment method and that you permit us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable Taxes and other charges). You must promptly notify us of any changes to your payment information. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order(s) may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your order.
4.3 Taxes. To the fullest extent permitted by applicable law, you are responsible for any sales, use, value-added or other governmental taxes, fees or duties (collectively, “Taxes”) due with respect to your purchase and use of Products or Services. Orders placed outside the U.S. may incur Taxes as determined by the customs agency within the destination country. Assessment of Taxes is generally based upon the value of the order and the Tax-free threshold (if applicable) for goods imported into the destination country. We will collect applicable Taxes if we determine we have a duty to collect Taxes. Please note that we do not collect Taxes on merchandise shipped to jurisdictions in which we do not have substantial nexus. For our U.S. users, the actual Taxes charged and collected may differ from the amount shown at checkout. Several factors may cause this difference, such as variances between processor programs and changes in Tax rates.
4.4 Shipping; Risk of Loss. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to a Product passes to you upon delivery of the Product to your specified delivery location.
4.5 Returns and Refunds. For further information on warranty and returns related claims, please refer to LELIT Warranty and Returns policy.
LELIT Contact Information
| Contact | Details |
| Online Form | Open a ticket on our platform Customer Care (lelit.com) Use the dedicated form Contact us – LELIT E-commerce USA |
| Hours of Operation | Hours of operation: 8.30am to 5.30pm (CET) Monday through Friday, excluding holidays |
| Office Address | LELIT srl a socio unico Headquarter: LELIT srl a socio unico Viale del Lavoro, 47 25045 – Castegnato (BS), Italy (Please do not return product to this address without first contacting LELIT and obtaining a Return Authorization). |
4.6 Errors. We attempt to be as accurate as possible and to eliminate errors on our Services; however, we do not represent or warrant that the descriptions, pricing, or other Product or Service-related information is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
5. Licenses to Use the Services and Materials
Unless otherwise indicated, all content and other materials contained on the Services, including, without limitation, our logos and all designs, text, recipes, ingredient lists, cooking times, videos, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Materials ”) are the proprietary property of LELIT or our affiliates or licensors and are protected by national and international copyright, trademark and other intellectual property laws.
LELIT grants you a limited, royalty-free, non-exclusive, non-transferable, non-sublicensable, worldwide license to access and use the Materials made available through the Services for your own personal, non-commercial purposes. Except as expressly permitted by law or by LELIT in writing, you will not reproduce, redistribute, sell, create derivative works or subsequent versions, decompile, reverse engineer or disassemble our Services (except in cases where you have the right to do so under applicable law), nor will you take any measures to interfere with or damage our Services.
6. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Services by or terminating the accounts of users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notification with our team at legal@lelit.com.
7. Trademarks
“LELIT”, the LELIT logo and other trademarks used in the Products and Services (collectively, the “Trademarks”) are owned by LELIT or used under licenses, and may not be copied, imitated or used, in whole or in part, without LELIT’s prior written permission in each instance. You may not use any metatags or other hidden text utilizing the Trademarks or any other name, trademark or product or service name of LELIT without prior written permission in each instance. In addition, the look and feel of the Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of LELIT and may not be copied, imitated or used, in whole or in part, without our prior written permission. If you believe that any LELIT use of the Trademarks infringes on any trademarks which you own or control, please notify us.
8. Third-Party Content
We may display content, advertisements and promotions from third parties through the Services (collectively, “Third-Party Content”). To the fullest extent permissible by applicable law, we do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that LELIT is not responsible or liable in any manner for such interactions or Third-Party Content.
9. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third-party right, or commit a tort, and that you are solely responsible for your conduct while accessing or using the Products and Services. You will not: (a) engage in any harassing, threatening, intimidating, predatory or stalking conduct, (b) use or attempt to use another user’s account without authorization from such user and LELIT, or (c) use the Products or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
10. User Content
The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, user-generated content, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). In the event that you decide to share User Content with others through the Services or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish in your account.
You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services. By posting, uploading or otherwise submitting User Content, you represent and warrant that (a) such User Content is non-confidential; (b) you own all intellectual property rights (or have obtained all necessary permissions) to provide such content and to grant the licenses set forth herein; and (c) the User Content will not violate or infringe any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
11. Rights in User Content
Except as otherwise provided in these Terms or in a separate agreement, we do not claim any ownership or control over your User Content. However, by uploading, posting or otherwise submitting User Content, you grant LELIT a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content and your name, likeness, voice and persona on the Services, on third-party sites and mobile applications, and in all other media or formats, whether now known or hereafter developed, for any purpose, including for LELIT’s commercial purposes.
12. Feedback
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about LELIT or our Products or Services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of LELIT. LELIT shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless LELIT and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (together with LELIT, the “LELIT Parties”) from all third-party claims of any kind, whether in tort, contract or otherwise (collectively, “Claims”), including damages to property or personal injury, that arise from or relate to:
- your access to or use or misuse of our Products, Services and Materials;
- any User Content you create, post, share or store on or through our Services or our pages or feeds on third-party social media platforms;
- any Feedback you provide;
- your violation of these Terms;
- your violation of the rights of any third party; or
- use or misuse of the Products or Services by any third party you authorize to use the Products or Services provided to you.
This indemnity obligation includes paying for any of the LELIT Parties’ attorneys’ fees and other costs of investigating and defending Claims, and the costs of enforcing the indemnity obligation. You agree to promptly notify LELIT of any Claims and cooperate with the LELIT Parties in defending such Claims. You further agree that the LELIT Parties shall have control of the defense or settlement of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and LELIT.
14. Disclaimers
WE MAY PROVIDE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING CERTAIN LELIT PRODUCTS AND/OR PARTICIPATING IN CERTAIN LELIT SERVICES OR OTHER ACTIVITIES. WE MAY UPDATE OR REVISE THESE WARNINGS AND INSTRUCTIONS, SO PLEASE REVIEW THEM PERIODICALLY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT ANY OF OUR WEBSITES, MOBILE APPLICATIONS AND MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
IN ADDITION, OUR WEBSITES, MOBILE APPLICATIONS AND MATERIAL ARE (A) FOR INFORMATIONAL PURPOSES ONLY, (B) PROVIDED AS GENERAL ADVICE AND (C) NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR NUTRITIONAL ADVICE. WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WEBSITES, MOBILE APPLICATIONS, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
15. Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL LELIT OR ANY OF THE LELIT PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES OR MATERIALS OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM LELIT, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD OR FORCE MAJEURE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LELIT’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LELIT AND THE LELIT PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING MATERIALS AND FUNCTIONS CONTAINED THEREIN, EXCEED ANY COMPENSATION PAID TO US FOR YOUR ACCESS TO OR USE OF THE PRODUCTS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, AND DISCHARGE THE LELIT PARTIES FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
THE LIMITATIONS SET FORTH IN THIS SECTION 15 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS OR SERVICES YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
16. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH LELIT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
16.1. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 8 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and LELIT each agree (a) to waive your respective rights to have any and all Disputes arising from or related to these Terms, or the Services, Materials or Products, resolved in a court, and (b) to waive your respective rights to a jury trial. Instead, you and LELIT agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
16.2. No Class Arbitrations, Class Actions or Representative Actions
You and LELIT agree that any Dispute arising out of or related to these Terms, the Services, Products or Materials is personal to you and LELIT and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and LELIT agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and LELIT agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
16.3. Federal Arbitration Act
You and LELIT agree that these Terms affect interstate commerce and that the enforceability of this Section 19 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
16.4. Notice; Informal Dispute Resolution
You and LELIT agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally.
16.5. Dispute Process
Except for Disputes arising out of or related to a violation of Section 9 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and LELIT agree that (a) any arbitration will occur in Los Angeles County, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in Los Angeles County, California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
16.6. Authority of Arbitrator
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
16.7. Severability
If any term, clause or provision of this Section 16 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 16 will remain valid and enforceable. Further, the waivers set forth in Section 16.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
17. Modifications to the Services
We reserve the right in our sole discretion to modify, suspend or stop providing access to the Services and Materials (or any features or functionality thereof) at any time without notice and without obligation or liability to you. You are also entitled to forego use of all or part of the Services at any time.
18. Governing Law and Venue
These Terms and your access to and use of the Products and Services shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in Los Angeles County, California.
19. Termination
Notwithstanding anything contained in these Terms, to the fullest extent permitted by applicable law, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, and to block or prevent your future access to and use of the Services. If you transfer a Product that links to our Services to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Services under your account and will need to register for a separate account with LELIT.
20. Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
21. California Disclosures
If you are a California resident, you may report complaints to the Consumer Assistance unit of the Consumer Information Division of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952 5210.