Terms of service
Please read the following terms and conditions (“Terms”) carefully. These Terms govern your access to and use of the Services (as described below), and constitute a binding legal agreement between you, as a user of the Services, and Blomming. Your access to and use of the Services is conditioned on your compliance with these Terms. By accessing and/or using the Services, you agree to be bound by these Terms This Agreement is effective on October 01 2010, for current users, and upon acceptance for new users.
1. Services
Blomming acts a as a venue to allow users who comply with Blomming’s policies, to offer, sell and buy certain goods. It is a service that enables ecommerce – from an embedding technology which allows users to shop at various online stores and websites (blogs, static html websites, etc.) to add products from such merchants into one shopping cart and to checkout through Blomming, to creating and launching apps for selling products on social networking sites - like Facebook - also exposing APIs for developers and third-party applications (collectively, the “Services”). These Services are rapidly evolving and so the form and nature of the Services that Blomming provides may change from time to time without prior notice to you. In addition, Blomming may need to stop (permanently or temporarily) providing some or all of the Services (or any of the features within the Services) to you or to users generally if we determine it necessary and may not be able to provide you with prior notice.
Blomming is not directly involved in the transaction between buyers and sellers. As a result, Blomming has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Blomming does not pre-screen users or the content or information provided by users. Blomming cannot ensure that a buyer or seller will actually complete a transaction or return an item.
Consequently, Blomming does not transfer legal ownership of items from the seller to the buyer.
Blomming cannot guarantee the true identity, age, and nationality of a user. Blomming encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that Blomming is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Blomming. You use the Blomming service at your own risk.
You may use the Services if you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Italy or other applicable jurisdiction. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
In order to use certain Services, you will need to register with Blomming, create a username and provide certain information about yourself as prompted by the registration form, including your name and a valid email address. You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under your username and for all liability and damage resulting from failure to maintain password confidentiality. You agree that Blomming cannot and will not be liable for any loss and damage arising from your failure to keep your password secure.
Registering on Blomming you must comply with (i) these Terms; (ii) any applicable guidelines or additional terms, like the Acceptable Use policy as well as all other operating rules policies and procedure that may be published from time to time on the Site by Blomming, each of which may be updated by Blomming from time to time without prior notice, (iii) any applicable policies and procedures enumerated by our third-party partners for use of their website(s) and (iv) specifically if you enable the option to create a new PayPal account during the registration on Blomming you expressly agree also the PayPal Acceptable Use Policy.
2. Beta Version of the Services
The Services are currently available as an beta version. Blomming is willing to allow you to use the beta version of the Services on the condition that (i) you abide by these Terms; (ii) you will use the Services and provide feedback to Blomming regarding your use of the Services including, logging any errors, bugs or other issues related to the Services; (iii) acknowledge and agree that since the Services are in beta, Blomming makes no representations or warranties regarding the use, functionality, availability or reliability of the Services; (iv) acknowledge and agree that current features of Services may be changed, modified, cancelled partially or completely without prior notice and users data are not guaranteed.
The version of the Services may change from time to time without prior notice to you.
3. Content
Any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services, including the items that you offer for sale on your Storefront (“Content”) must comply with (i) these Terms; (ii) any applicable guidelines or additional terms, like the Acceptable Use policy as well as all other operating rules policies and procedure that may be published from time to time on the Site by Blomming, each of which may be updated by Blomming from time to time without prior notice and (iii) any applicable policies and procedures enumerated by our third-party partners for use of their website(s) (for example, if your Storefront is hosted through your Facebook account, you must comply with Facebook’s terms of service and other rules of conduct).
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Blomming from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
You are responsible for any Content that you post, upload and otherwise submit to the Services and the consequences of posting or publishing it. By submitting Content to Blomming, you hereby grant Blomming a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and Blomming's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Services (including your Storefront) in any media formats and through any media channels. This license permits us to make your Content (i.e., your Storefront) available to our partners to access, distribute, market and promote our Services (and your Storefront), subject to our terms and conditions. By submitting Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Blomming to use all rights in and to any and all of your Content in the manner contemplated by the Services and these Terms.
While certain Content and conduct is prohibited, Blomming does not actively monitor or control the Content posted to your Storefront and will not be responsible for the Content you make available on your Storefront. You may add, modify or remove Content from your Storefront at any time. If you remove Content from your Storefront, the Content will be deleted as soon as is practical.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, which violates these Terms for using the Service and submitting Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Blomming, its users and the public.
4. Copyright policy
If you believe that your intellectual property rights have been violated please notify our support team and “report” the account and page. Blomming will investigate and take actions if necessary.
It is the policy of Blomming to remove allegedly infringing material and/or to disable or terminate your access to the Services if you infringe the copyright rights of others upon receipt of proper notification to Blomming by the copyright owner or the copyright owner's legal agent.
5. Abusing Blomming
Without limiting other remedies Blomming may limit, suspend or terminate its Services and user accounts, prohibit access to its Site and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep uses off the sites if Blomming thinks that they are creating problems or possible legal liabilities, infringing the intellectual property of third parties or acting inconsistently with the letter or spirit of Blomming’s policies and terms. Blomming also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or to discontinue Blomming sites, services and tools.
6. Buyer Protection and refunds
Buyers and sellers share the responsibility for making sure purchases facilitated by Blomming are in good spirit, rewarding and hassle-free. We encourage buyers to work with sellers before opening a complaint or asking for refund. We cannot and do not take responsibility for wrongful sales. Thus it is strongly noted that buyers inform themselves about the seller before their purchase. Blomming does not take part in any refund process, which must be solely dealt by buyer and seller.
7. Payment/Transaction Processing
Purchases of items sold on your Storefront may be paid by cash on delivery and/or money order and/or personal check and/or processed through third party service provides (such as PayPal). The terms of processing your Storefront payment transactions will be based on the agreement between you and your designated payment service provider. You acknowledge and agree that you (and not Blomming) are responsible for complying with the terms and conditions governing your relationship with such third-party payment service providers.
8. Service Fees
Joining and setting up a store on Blomming is currently free.
Blomming reserves the right to charge, in the future, fees for listing an item for sale as well as a percentage of the sale prices when the item sells, establishing a Fees Policy, which will be published on the site and may be subject to change from time to time, and will be incorporated in these Terms by reference. Introduction of Fees Policy, changes to the Fees Policy and fees for Blomming’s services will be effective after Blomming provides you with at least thirty (30) days notice by posting the Fees Policy and/or changes on the Site. In the notice terms you are allowed to withdraw from the Services by a written notice to Blomming. If no withdrawal from the service is received and/or in case of use of Blomming services and tools after the notice term expiration, Fees Policy and fees for Blomming Services and tools will be deemed fully accepted and effective.
In the event Blomming introduces a new service subdue to fees, the fees to that service are effective at the launch of the service.
Unless otherwise stated all fees will be quoted in Euros.
Blomming also reserves the right to introduce advertising images and information concerning itself in the contents published by users on their sites and the user accepts not to raise any claim and/or economic request in such event.
9. Privacy
When you use the Services, Blomming will collect certain personally identifiable information from you and your customers as set forth in more detail in the Blomming Privacy Policy, which is hereby incorporated by reference.
When you use the Services, Blomming has access to, and in many cases will monitor, you and your customer’s usage of the Services. By using the Services, you have indicated that you agree that Blomming may collect, use and disclose information you provide during your use of the Services, as set forth in the Privacy Policy.
As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt-out from receiving.
10. Restrictions
You are solely responsible for your conduct and activities on and regarding to Blomming and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Blomming.
While using Blomming, services and tools, you will not:
- a) Violate any laws, third party rights or our policies, such as the Prohibited and Restricted items policies;
- b) Use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools;
- c) Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- d) Manipulate the price of any item or interfere with other users' listings;
- e) Circumvent or manipulate our fee structure, the billing process, or fees owed to Blomming;
- f) Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- g) Take any action that may undermine feedback or ratings systems;
- h) Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- i) Distribute viruses or any other technologies that may harm Blomming, or the interests or property of Blomming users;
- j) Export or re-export any Blomming tools;
- k) Copy, modify, or distribute rights or content from the Blomming sites, service, or tools or Blomming’s copyrights and trademarks;
- l) Harvest or otherwise collect information about users, including email addresses, without their consent;
- m) Access, tamper with, or use non-public areas of the Services, Blomming computer systems, or the technical delivery systems of Blomming’s providers;
- n) Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- o) Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that is provided by Blomming (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Blomming;
- p) Interfere with, or disrupt, (or attempt to do so), the proper working of the sites, services, tools, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
- q) Take any action that imposes (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- r) Use the internal messaging system between buyer and seller for any purpose other than those strictly related to the purchase of products or the acquisition of information relating to products for sale (including but not limited to: contacting vendors to sell spaces for exhibition or inviting them to view, buy or sell on platforms other than Blomming)
11. Ownership
The Services, tools, Blomming graphics, logos, designs, page headers and scripts are Blomming property. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. Any feedback, comments and suggestions you may provide for improvements to the Services will be the sole and exclusive property of Blomming and you hereby irrevocably assign to Blomming all of your right, title, and interest in and to all feedback.
12. Termination
We may immediately terminate or suspend your access to the Services and remove any material (including any Content provided by you) from the Services or our servers, in the event that you breach these Terms, at our sole discretion and without prior notice to you. Notwithstanding the foregoing, we also reserve the right to terminate the Services or your access thereto at any time and for any reason. After such termination, you understand and acknowledge that Blomming will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease.
Blomming will not be liable to you or any third party for termination of the Services or termination of your use of the Services. Upon any termination or suspension, any information (including Content) that you have submitted to the Services may no longer be accessed by you. Furthermore, Blomming will have no obligation to maintain any information stored in our database related to your Storefront or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to Blomming under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
13. No warranty: the Services are Available “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Blomming site, the Services and tools are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, BLOMMING, ITS PARTNERS, SUBSIDIARIES, OFFICERS, DIRECTORS AND EMPLOYEES DISCLAIM ANY WARRANTIES OR CONDITION, EXPRESS OR IMPLIED, OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. Blomming will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Blomming or through the Services, will create any warranty not expressly made herein.
Blomming cannot guarantee continuous or secure access to its sites, services, tools and operation of its sites, services and tools may be interfered with by numerous factors outside of Blomming’s control.
14. Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Blomming of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOMMING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS AND MONEY, DATA, USE, GOODWILL, REPUTATION, OR OTHER INTANGIBLE LOSSES, BODILY INJURY, EMOTIONAL DISTRESS RESULTING, DIRECTLY OR INDIRECTLY, FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BLOMMING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Regardless of the previous paragraph Blomming’s liability, and (as applicable) the liability of Blomming’s subsidiaries, officers, directors, employees and suppliers, to you or to any third party, is limited to the greater of (A) the total fees you paid to Blomming in the 12 months prior to the action giving rise to the liability, and (B) 100,00 Euros.
Some jurisdiction do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
16. Indemnity
You agree to defend, indemnify, and hold harmless Blomming and (as applicable) its partners, subsidiaries, affiliates and their officers, directors, employees and agents, from and against any claims or demand, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, made by any third party due to or arising out of or in any way connected with your access to or use of the Services, your Storefront, your violation of these Terms, law, or the right or a third party, or any Content posted, published, transmitted or otherwise provided by you (or on your behalf).
17. Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Blomming Service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Blomming’s net income).
18. No Agency
You and Blomming are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
19. Choise of law and jurisdiction
This Agreement shall in all respects be interpreted, construed and executed with and by the laws of Italy.
Any claim or dispute between you and Blomming that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Milano, Italy.
All controversy with consumers are subdue to the laws about jurisdiction and applicable law.
20. Severability
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Blomming's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
21. Additional Terms
The following policies, including all policies referenced in them, are part of these Terms and provide additional terms and conditions related to specific services offered on our sites:
These Terms and policies constitute the entire agreement between you and Blomming.
Blomming reserves the right to modify these Terms and each of these policies may at any time, so please review the policies frequently. If Blomming makes a material change it will notify you here, by email, by means of a notice on our home page, or by posting it on the Blomming site or other places that Blomming deems appropriate.
Any revision will become effective after 30 (thirty days) from notifying or posting it. If you do not agree with the posted revision you can terminate the agreement asking for your account to be closed. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
22. General
Blomming is a service made and provided by Blomming Srl, VAT number IT07199240966. If you wish to contact us you can use the following information:
E-Mail: info AT blomming.com
Address: Via Santa Croce 4, 20122 Milano (ITALY).
