Terms and Conditions
BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITE.
We also like to interact with you on third party sites where we post content or invite your feedback, Our Terms of Use and other areas of our Sites may provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with the Community, including services that involve Third Party Sites, but BIA KAISER does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that BIA KAISER does not own or control, or to the actions of people that BIA KAISER does not employ or manage. You should always check the terms of use posted on Third Party Sites.
BIA KAISER reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. if BIA KAISER decides to change these Terms of Use, BIA KAISER will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites and your participation in the Community.
When you use our Sites, you agree to our rules. And since they’re our Sites and our rules, we can change them whenever we want.
The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. See the International Shipments section of BIA KAISER for more information.
All products should be used strictly in accordance with their instructions, precautions and guidelines
Our products and samples are for personal use, not for resale. That’s why we have a limit on how much you can purchase of certain products or from our brand.
We’ve taken great care to make sure that the information you read about our products is accurate,
While we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
BIA KAISER does not endorse any Content or any opinion, recommendation or advice expressed therein, and BIA KAISER disclaims all liability with respect to the Content posted by third parties.
For any Content that you submit, you grant BIA KAISER a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This includes, but is not limited to, sharing your Content, including your Ratings & Reviews or Questions & Answers, with third-party brands (whose product we may or may not sell). This license will survive the termination of these Terms of Use and your use of the Site.
When you post content to our Sites, you’re acknowledging that you are posting content on the internet, in public, for everyone to see, use, copy, and share. Please only post content that a) you have the rights to post, b) does not violate anyone else’s rights, and c) is fair and truthful. We are not responsible if others don’t abide by these rules.
You own your content, even after you post it to our Sites. But by sharing with us you’re granting us a non-exclusive license to it, which means we might use it in places like marketing materials.
BIA KAISER may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. BIA KAISER does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between BIA KAISER and such third party. BIA KAISER does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. BIA KAISER is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to BIA KAISER through the Community, do not necessarily reflect the views of BIA KAISER.
If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
Sometimes we screen content before it’s posted to make sure it follows our guidelines. If you post something that violates our guidelines, we can remove it.
BIA KAISER reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Community and the Sites and to block or prevent your future access to and use of the Community and the Sites. BIA KAISER may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of BIA KAISER (and its employees), its users and the public.
BIA KAISER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. This provision does not apply to New Jersey residents.
You agree to defend, indemnify and hold harmless BIA KAISER (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites and the Community; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites and the Community.
By submitting your email address in connection with your account, you agree that BIA KAISER and its third-party service providers may use your email address to contact you about your BIA KAISER account or Content you have submitted to the Sites, including the Community, or for other administrative purposes and for any other purpose permitted or required by law. BIA KAISER's Privacy Policy provides further detail on the manner in which BIA KAISER may collect and use personally identifiable information about you, including any information you supply in connection with your use of these Sites and participation in the Community.
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates BIA KAISER’s published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Shipping:
BIA KAISER does not take any responsibility of the purchased item getting lost at the time of delivery or/and after the delivery. Any purchased item being stolen from your premises i.e. mailbox, front door, or any premises which is considered your property will not be reimbursed by BIA KAISER neither in the form of a replacement item nor in form of money. Buyer is responsible for providing the correct delivery address and having a secure place for orders to be delivered - they are responsible for 'lost' packaged after delivery.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and BIA KAISER agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate BIA KAISER’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances BIA KAISER may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.
Privacy Policy
Privacy Notice
BIA KAISER
Privacy Notice
Updated: August 2021
This privacy notice applies to the personal data collected online by Bia Kaiser or mobile sites.
We provide this summary of what personal data Bia Kaiser, as a data controller, collects from you, for what purposes we use that personal data, who we will share this personal data with and your rights in relation to the personal data we collect from you.
What Is Personal Data
This notice applies to the personal data we collect, use and disclose (i.e., process), which generally includes your name, address, telephone number, email address, month and day of birth, IP Address, billing and account information, and other information that identifies or can be used to identify you.
Information Collected on Our Websites
General Browsing
We process navigational information about where you go on our Websites. This information allows us to see which areas of our Websites are most visited and helps us improve the quality of your online experience by recognizing and delivering more of the most desired features and services. Additional information, for example, domain type, browser version, or service provider may also be processed by us, which will provide us with information regarding the general use of our Websites. We process this information because it is necessary for our legitimate interests in operating and improving our Websites.
Personal Data
Contact Us and Click to Chat
If you complete a general "Contact Us" form on one of our Websites (for example, to comment on or ask questions about our merchandise), we may process your name, email address, and any information that you provide in the text of your message.
If you use the "Contact Us" feature available on our Websites, we may process your name, title, organisation, address, telephone number, fax number, email address, and any information that you provide in the text of your message.
If you use the Click to Chat feature on one of our Websites (for example to ask questions about our merchandise), we may process any personal data, and any other information that you provide throughout the communication.
We process personal data collected in connection with these features for the purpose of responding to your inquiry, and we do so because it is necessary for our legitimate interests in communicating with our customers and investors.
Sign Up for Marketing Email List
If you sign up for our marketing email list (i.e., 'Subscribe'), or the marketing email list for any of our affiliate brands, you will be asked to provide your email address and your consent to the processing of your personal data in order to send you marketing emails, cart abandonment emails (emails that are triggered when you place items into your bag and leave our Website before checking out), and product view emails (emails that are triggered if you search and/or view a specific type of product on our Website and leave before checking out). Signing up for our mailing list enables you to receive information about products that we provide via email. If you would like to unsubscribe, then please visit the "Opt-Out" section of this Privacy Notice or follow the opt-out instructions on any marketing email you receive from us or that affiliate.
Sharing an Item with a Friend
When you share an item with a friend from one of our Websites, the designated recipient will receive your name and email address, as well as any information you entered in the message. The email address of your recipient is not collected or used for any promotional purposes by us or our affiliate companies, nor is such information rented, sold or exchanged with third parties. You should not share items with friends unless you believe your friend would be interested and want to receive the information. We process personal data for this purpose because it is necessary for our legitimate interests in providing this service to our customers.
Gift Box Messages
When you purchase a Gift Box you have the option to add a message. We do not review any information provided in the message content for the Gift Box messages. We process personal data for this purpose because it is necessary for our legitimate interests in providing this service to our customers.
Creating a Membership
You are given the opportunity to create an account and become a member of the Bia Kaiser shop on our Websites and mobile application ("App"). Bia Kaiser membership allows you to enjoy a more personalized experience, create an address book, My Saves List, and enjoy "quick checkouts" by having us automatically enter your billing address, preferred shipping information, and payment details. Creating an account requires you to enter your email address, first and last name, and to create a password, and allows you to provide your postal address, telephone number, payment details, birthday, gender, and preferred store. When you create a membership you will receive a welcome email that will be delivered to the email address you inserted into the email field during the registration process. You may also receive non-marketing emails from us, such as order confirmation emails, shipping confirmation emails, and Bia Kaiser transactional emails. We process personal data for these purposes because it is necessary for our legitimate interests in providing Bia Kaiser membership services to our customers.
To request to have your Bia Kaiser membership, use the Contact Us section of the Help page. Please include the email address of the Bia Kaiser membership you wish to cancel.
Creating an Address Book in Your Bia Kaiser Membership
If you join Bia Kaiser membership, you may create and use a personal address book (an "Address Book") within the Checkout Info section, which allows you to save all of the different names and addresses to whom you frequently send purchases or gifts. When you want to send a purchase to someone in your Address Book, you can preselect the billing or shipping address from the entries in the Address Book or choose from the list posted in checkout. We process personal data for these purposes because it is necessary for our legitimate interests in providing this functionality to our customers.
Saving Payment Details in Your Bia Kaiser Membership
If you choose to add a payment type to your Bia Kaiser membership, you will be able to quickly access this information during checkout when you are signed in. Your preferred payment type will pre-populate during checkout (but you can always use another payment type by selecting the "Change" link). If a saved payment card is expired, we will indicate this by highlighting it in red in the "Profile" section. You can update this information by clicking on the Edit button. Only payment methods that can be used on our Websites will be available to select during checkout. You will have the option to add a new payment type during checkout by ticking a box that you want to store the newly entered payment details in your Bia Kaiser membership. We process personal data for these purposes because it is necessary for our legitimate interests in providing this functionality to our customers.
Product Email Alert
If you provide us with your email address to contact you when a product on our Websites is available for purchase, the email address you submit is not collected or used for any promotional purposes by us or our affiliate companies, nor is such information rented, sold or exchanged with third parties. You will, however, be able to sign up to receive marketing emails, cart abandonment emails, and product view emails via a link in the footer of the product alert email that you may receive. We process personal data for these purposes because it is necessary for our legitimate interests in providing this service to our customers.
Purchasing Merchandise Through our Websites
If you purchase merchandise through our Websites, we will process your personal data for this purpose (i.e., name, billing and shipping address information, email address, telephone number, and payment card information), as well as information about your purchases on our Websites, which we may combine with your store purchase information. In addition, if you have created an account you will be able to view your order details when you log into your Bia Kaiser membership portal. We process personal data for these purposes because it is necessary to perform a contract with you and for our legitimate interest in managing and operating our business.
In addition if you choose to use a separate payment service provider (e.g. Klarna) for your payment option at checkout, if the option is available, the separate payment service provider will be a data controller in relation to personal data it collects from our checkout page to determine whether it will allow you to use it as a payment method. How the separate payment service provider uses and shares the personal data it collects is controlled by its own privacy policy.
Market Research
We collect the information when you fill out a survey or otherwise engage in market research offered on our Websites or in emails. This information will assist us in gathering feedback from you in order to improve our Websites and continue to offer features that you prefer. We process personal data for these purposes because it is necessary for our legitimate interests in improving our Websites and the products and services offered to our customers.
Social Media Platforms and Networks. Some of our websites have features such as, plugins, widgets, or and other tools made available by third parties that may result in information being collected or shared between us and the third party. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” a product and may post that information on Facebook. Their use of your information is not governed by this privacy policy.
Legal Process. We may disclose personal information in response to subpoenas, warrants, court orders, government inquiries or investigations, or to comply with relevant laws and regulations. We may also disclose information to establish, exercise, or protect the rights of our company, employees, agents, and affiliates; to defend against a legal claim; to protect the safety and security of our visitors; to detect and protect against fraud; and to take action regarding possible illegal activities or violations of our policies.
We realize that individuals trust us to protect their personal information. We maintain reasonable and appropriate physical, electronic and procedural safeguards designed to help protect your personal information. While we attempt to protect your personal information in our possession, no method of transmission over the internet, or security system is perfect, and we cannot promise that information about you will remain secure in all circumstances.
For your convenience, our websites include functionality that allows you to remain logged in so that you do not have to re-enter your password each time you want to access your account. If you choose to remain logged in, you should be aware that anyone with access to your device will be able to access and make changes to your account and may be able to make purchases through your account. For that reason, if you choose to remain logged in, we strongly recommend that you take appropriate steps (such as enabling the “Passcode Lock” security feature on your mobile device) to protect against unauthorized access to and use of your account. Please also notify us as soon as possible if you suspect any unauthorized use of your account or password.
Bia Kaiser is located in the United States and our service providers may be located in the United States or other countries. As a result, your personal information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. By submitting your personal information to us you agree to the transfer, storage and processing of your personal information in a country other than your country of residence including, but not necessarily limited to, the United States.
When you use our Sites, you agree to our PRIVACY POLICY and rules. And since they’re our Sites and our rules, we can change them whenever we want.