Terms And Conditions
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Terms And Conditions
1. GENERAL CONDITIONS
This website is managed by Digital Boite S.r.l. with headquarters in Via Cusani no. 5 - 20121, Milan, Italy, tax code 03796760365, share capital of €100,000.00 (hereinafter the "Administrator"). Access to and use of this website and the products and services available on it are subject to the following terms and conditions.
By using the services, the user accepts the Terms of Service, which we may update from time to time. We ask that you check this page on a regular basis in order to view any amendments made to the Terms and Conditions. In the event of a change to the online conditions, the conditions published in the following section at the time of the order will apply to the purchase made.
2. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENTS
The contents found on , such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, including the menus, web pages, graphics, colours, patterns, tools, characters and design of the website, the diagrams, layouts, methods, processes, functions and software, are protected by copyright and all other intellectual property rights. The total or partial reproduction, in any form, of and of its contents is strictly forbidden without the express written consent of the Administrator or any other respective rights holders. Use of is restricted to viewing the website and its contents. You are also authorised to make any temporary reproductions, without economic significance per se, which are considered transitory or secondary, and an integral and essential part of the actual viewing of the website and its contents, and any other browsing operations that are performed solely for the purpose of legitimate use. You are not, however, authorised to reproduce all or part of www.blumarine.com and its contents on any medium.
Any reproduction must be authorised on every occasion by the Administrator or, when required, by the authors of the individual works contained on the website. These reproductions will, in any case, be made for legal purposes and in observance of copyright and other intellectual property rights of the Administrator and of the authors of the individual works contained on the website. The authors of the individual works published on have, at any time, the right to claim the authorship of their works and to oppose any distortion, mutilation or other modification of the works themselves, including any damage to the works, which compromises their honour or reputation. You undertake to comply with the copyright of the artists who have decided to publish their works on or who have collaborated with the creation of new expressive and artistic forms for publication, albeit not exclusively on the website, or which form an integral part of the website. Moreover, you are not, in any case, authorised to use the contents of the website and any individual work protected by copyright and by any other intellectual property rights in any way or form. For example, you may not alter, or in any other way change, the contents and protected works without the consent of the Administrator and, where necessary, of the individual authors of the works published on , or of the usage rights holders.
3. TRADEMARKS AND DOMAIN
All the distinguishing marks of the products sold on and present on the website are registered trademarks of their respective owners and are used solely for the purpose of distinguishing, describing and advertising the products on sale. Any use of said trademarks in violation of the law, insofar as it is unauthorised, is prohibited and is civilly and criminally punishable. You may not, in any way, use said trademarks or any other distinguishing marks present on to gain undue advantage from the distinctive character or repute of these trademarks or in such a way as to damage them or their owners.
4. PRIVACY POLICY
Any personal information that the user provides to the Administrator through this website will be subject to our Privacy Policy. You can view our current Privacy Policy by clicking here.
5. PERSONAL ACCOUNT
Users can decide to create an Account on our Website. Without an Account, users may be unable to access or use some functions or services offered on this website. If you wish to create an Account, you need to enter an email address and a password, in addition to your name and surname. Other optional information that users supply of their own accord after giving the relevant permission, which the Administrator describes in the notice on the subject, will be processed according to the above. Users are responsible for protecting the confidentiality of their access information and for controlling access to their Account and computer. Users are liable for all activities which take place using their Account (including, for example but not limited to, any purchase of goods made through their personal Account), except when they inform us that the Account has been used by third parties without their consent. A user's Account may be closed at any time and without notice if the Administrator: (a) reasonably considers that the user is utilising the Account in violation of these Terms of Use, (b) reasonably considers that a third party is using the Account without the user's consent, (c) is forced to cancel or suspend the Account for reasons of security or maintenance.
6. SECURE PURCHASING
Every purchase on ogni is extremely secure due to the advanced technological and encoding systems (SSL) that are used. You can also rely on the use of VeriSign certificates. In order to protect your credit card purchases, you will always be asked to enter your CVV code. The saving of credit cards and payments is managed by Adyen, with registered offices at: Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, Holland. The Administrator uses secure connections only, as shown by the padlock symbol appearing in the browser and the prefix "https" in the address bar. Moreover, for greater security, all orders made using a credit card or debit card will be handled in accordance with the terms and conditions of sale, the contents of which should be read carefully.
7. PROHIBITED USE
Improper use of this website is forbidden. It is prohibited to: commit or aid and abet a crime; transmit or spread viruses, trojan horses, worms, logic bombs, or publish any other material that is damaging or harmful from a technological point of view, that violates confidentiality or is in any way offensive or obscene; violate any aspect of the Services; alter data; cause disturbance to other users; violate the property rights of any party; send advertising material or other unsolicited material, commonly known as "spam"; try to influence the performance or functionality of the IT structures of this website or other sites possible to access through this website. Violation of this provision may constitute a crime pursuant to the Italian Criminal Code. The Administrator will report any such violations to the competent authorities and, if requested, will inform them of your identity according to the information in its possession.
8. EXCLUSIONS OF LIABILITY
The Administrator will adopt all reasonable measures necessary to ensure that this Website and its Contents are free from viruses and defects, but cannot ensure that the user's computer, hardware and software components or any data stored in or created by the computer, hardware or software component (jointly, "Equipment") will not be damaged, corrupted, lost or sustain any other consequences following access to or use of this Website and any of its Contents. The Administrator recommends that users take all necessary precautions to protect their equipment when using the Website or its Contents, for example by installing reliable anti-virus software.
9. OUR LIABILITY
The Administrator is not liable to the user for (a) any data loss or corruption, (b) loss or damage of the computer and its components, (c) any loss or damage which could not be foreseen by both parties, either the user or the Administrator, or whose occurrence was not ascertained in the event of our infringement of these Terms of Use or of our legal obligation to provide assistance to the user, or (d) any loss or damage suffered by the user following their failure to adopt reasonable precautions against such loss or damage, for example, the installation of reliable anti-virus software. To the maximum extent permitted by the applicable law, the user agrees to exonerate and hold harmless the Administrator from any liability for any possible damages, including, but not limited to, direct or indirect damages of any kind, loss or expense, that are due to or consequent to the use of the site and the services or connected to any malfunction, error, interruption, computer virus or malfunction of the line or system.
10. INVALIDITY
If any part of these Terms and Conditions should be invalid (including any measure in which we exclude the Administrator’s liability to you), this will not affect the effectiveness of any other part of the Terms and Conditions, and all the other clauses will remain in force for all practical purposes. As far as possible, if any clause or part thereof may be deleted to make the remaining part valid, the clause will be interpreted accordingly. Alternatively, you accept that the clause is rectified and interpreted in such a way as to reproduce its original meaning as far as possible, to the extent permitted under the law.
11. WAIVER
In the event of a violation of these Terms and Conditions, any tolerance by the Administrator does not constitute a waiver of the rights and remedies provided for by these Terms and Conditions.
12. APPLICABLE LAW AND PLACE OF JURISDICTION
These Terms and Conditions must be interpreted in conformity with the law in force in Italy. These General Terms and Conditions are governed by Italian law and in particular by Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code), with specific reference to regulations governing distance contracts, and by Italian Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning e-commerce. We implement a complaint management procedure to attempt to resolve any disputes as soon as they arise. Please inform us if you have any complaints or comments by contacting our Customer Service department via the relevant section on our website. In case of disputes related to an online purchase, we inform our customers that Alternative Dispute Resolution (ADR) procedures are available. For more information on the ADR entities available and your rights as a consumer, you can consult the European Commission's consumer dispute resolution site: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/alternative-dispute-resolution-consumers_it. In the event of any dispute or claim associated with these Terms and Conditions, the local court of the consumer/user will have exclusive jurisdiction over such dispute or claim. For further explanations regarding these terms and conditions, the Customer can contact the Company’s Customer Service department.