Legal notice
TERMS AND CONDITIONS OF USE OF THE SITE
The present terms and conditions of use are intended for all users of the Site ecommerce.blupura.com (hereinafter the "Site") and all related functionalities offered by Blupura S.r.l. (hereinafter referred to as "Blupura" or the "Company"), with registered office in Italy, at Recanati (MC), no. 11 Via Volponi, Tax code and VAT number: 02362310423.
The User declares that they accept these terms and conditions of use ("Terms of Use"), governing access to and use of the Site and the content made available by it. Users are therefore advised not to use the Site if they do not intend to accept these Terms of Use, which constitute a contract between Users and Blupura and bind the parties to the conditions set out below.
1. Registration
The Site is free for Users to access and consult, it being understood that Blupura ensures and guarantees that each User’s Site access and consulting rights will be restricted to products and services that are available for purchase by that User, while products and services bearing distinctive signs or any intellectual property rights of third parties for which the User has not been granted a user licence will not be accessible. For more information or to purchase Blupura's products or services, ask for a quote, receive assistance, or access certain Site areas, the user can register by creating an account after filling in a form with their personal data. Registration requires the User to complete the dedicated procedure providing us with current, complete and accurate information, as requested in the online registration form. By registering, the User guarantees that the personal data they are asked to provide for registration and which is processed in accordance with the Site's Privacy Policy, is correct, truthful and not that of third parties who have not authorised its disclosure.
The User is obliged to promptly update their data if and as necessary. The User also undertakes to diligently keep safe the User name and password provided and used for registration, and declares that they are aware that disclosure to third parties of such authentication data and/or use thereof by third parties is not permitted and that they may be held liable for using the Site in a way that is not compliant with the Terms of Use. The User undertakes to promptly inform the respective holders of any unauthorised use of their account or of any other related security breach. Blupura will not be liable for any infringement the User may commit as a result of improper use of the Site.
Should an infringement of these Terms of Use occur, Blupura may, at its discretion, erase the data provided by the User or close the User's account, remove or edit any content or access associated with the User or take any other action it considers appropriate.
2. Intellectual Property
Except as expressly granted in these Terms of Use, and with the exception of information which is in the public domain or for the use of which the User has received written authorisation from Blupura, no licence or transfer of Blupura's intellectual property rights is granted to the User. In particular (and by way of example only), Users are prohibited from using, reproducing, copying, modifying, publishing, transmitting, distributing, executing, displaying, downloading, licensing, inserting in a database, using to create derivative works, reverse-engineering, transferring or selling anything, in whole or in part, that is covered by intellectual property rights, including, by way of example, information, software, elements of the Site or other products owned by Blupura.
Unless otherwise indicated, all information present on the Site including, but not limited to, images, illustrations, graphics, photographs, videos, texts, icons, drawings and writings and any other material on the Site are copyrights, trademarks, distinctive signs or other intellectual property rights owned, controlled or authorised by Blupura or belong to their respective owners and are protected by copyright and other related rights.
No part of the Site text or graphics may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, facsimile transmission, recording, repurposing, or using any information storage and retrieval system, without the written consent of the owner concerned. Each published document may contain other proprietary notices and copyright information relating to that individual document.
3. Restrictions on use
The User is granted a non-exclusive licence to view the Site content, but solely and exclusively during Site access. Electronic reproduction, adaptation, distribution, execution or display are prohibited except to the extent necessary for the limited purpose of reviewing the material on the Site.
Use is forbidden of any automatic or manual practice, device, process, software, program, algorithm, methodology or routine, including but not limited to "robots", "spiders" or other similar processes or features to interfere or attempt to interfere with operation of the Site, or impose an unreasonable burden thereon.
The User is authorised to visit, view and retain a copy of the pages/sections of the Site solely for their personal use and agrees not to duplicate, download, publish, modify, or otherwise distribute Site contents for any commercial use or any purpose other than that described in the Terms of Use. By using the Site, the User also agrees not to perform deep linking for any purpose unless specifically authorised by Blupura.
4. Unauthorised use
The Site may not be used for any illegal, obscene, abusive, harassing, improper or objectionable purpose or action, or to sell or offer for sale goods or services, to conduct or submit surveys, contests or chain letters, or for any purpose that is prohibited by the Terms of Use. The User agrees not to publish or store on the Site any software, information, data, database, music, audio, video or audio-video files, photographs, images, documents, text, digital files or other material that infringes intellectual property rights (including copyrights, trademarks, trade secrets, patents, advertising rights, or, insofar as they can be protected, confidential ideas) of Blupura and third parties. Illegal or unauthorised use of the Site including, but not limited to, site framing or linking to unauthorised sites or unauthorised use of any robot, spider or other automatic device on the Site, may be investigated and will be subject to any legal action deemed appropriate, in the civil or criminal courts.
Blupura also reserves the right to terminate access to, and use of, the Site and the User's account without prior notice and to erase data provided. If Blupura receives reports of possible violations by the User or suspects that use of the Site violates the Terms of Use and, in particular, the intellectual property rights of Blupura or third parties, or other applicable laws, Blupura may, at its sole discretion, suspend or terminate the User’s account, access to and use of the Site, without prior notice. Blupura will in no event be liable to the User or third parties for termination of the User's account and for suspension/cessation of use of the Site.
5. Links to third party sites
Some links to websites on the Site enable the User to end their navigation on the Site and link to third party websites, pages and content. Blupura hosts these links for the convenience only of the respective third party and this does not, under any circumstances, imply Blupura's approval of the content to which the links refer.
The User is aware that Blupura:
1) does not control, review, verify, approve or answer for any material, content, or service offered by third parties, including those of their suppliers and sub-suppliers on their respective websites and linked websites;
2) provides no guarantees and is not liable in respect of such materials, content, services;
3) the User is solely responsible for materials, content, services accessed through third party websites.
Where a User decides to use the tools on the Site for sharing content on social networks, they are aware that content shared in this way will be processed in accordance with the personal data processing rules applied by the social network.
6. Accuracy and Completeness of Information
Blupura is not liable if information on the Site is not accurate, complete or up-to-date. Information on the Site is provided solely as general information and should not be used without first consulting accurate, complete and up-to-date primary sources. Any reliance on information found on the Site is at the sole risk of the User.
7. Suspension and Interruption of Service
Blupura reserves the right to prohibit or suspend access to the Site and its services at any time and without notice.
Blupura reserves the right to suspend or interrupt access to the Site, in whole or in part, at its discretion, for technical reasons of any kind (e.g. maintenance), for business decisions, for the occurrence of events attributable to unforeseeable circumstances or force majeure, or whenever use of the Site by a User may affect the Site’s availability, or may expose Blupura, other Users and/or third parties to any liability or otherwise be contrary to any applicable legislation.
Blupura will endeavour to provide Users with notice before interrupting their access to the Site for the reasons listed above, but cannot guarantee that it will be able to do so each time an interruption of service becomes necessary.
8. Limitations of liability
The User accepts that the Site and all its contents, including the services offered, are provided on an 'as is' and 'with all errors’ basis. Blupura does not guarantee that the site is compatible with the User's equipment or that it is free of errors or viruses, worms or trojans. Blupura is not liable for damage suffered by the User as a result of such destructive elements.
The User acknowledges and accepts that Blupura, its employees or suppliers are not liable:
1) for damages caused by negligence on the part of Blupura, its employees, subcontractors, suppliers, or for damages in any way arising from the Site, as well as for lost profits, losses, incidental or consequential damages, or any other partial or total, direct or indirect damages;
2) for malfunctions in use of the Site’s materials or services caused by the User's computer or equipment, even if Blupura has been expressly informed of the possibility of such damage occurring.
Furthermore, Blupura is not responsible in any way for quality of the connectivity services used by the User to connect to the network, access the Site and use the services accessible thereon. Blupura can in no way be held liable for continuous availability of the data transmission lines and equipment that the User uses to access the Site.
Blupura is exonerated from any liability deriving from misuse of the Site by the User, who undertakes not to publish or transmit through the site any material or communication of a harmful nature or which violates or in any way harms the rights of others (including intellectual property rights, confidentiality or personal data protection rights, or any other rights of any third party).
9. Damages and Indemnification
By using the Site, the User agrees to indemnify and hold Blupura, its agents, contractors, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including but not limited to, reasonable legal fees, arising out of the User’s breach of or non-compliance with any provision of the Terms of Use or applicable laws, or any warranty provided herein, or otherwise arising in any way from their use of the Site. Blupura reserves the right to take full and exclusive control of the defence in any action in any way aimed at obtaining compensation from the User, and if such a situation arises, the User will be required to cooperate fully with Blupura in pursuing all possible defence activities.
10. Amendments and Withdrawal
Blupura reserves the right, at its sole discretion, to amend, suspend or terminate these Terms of Use, the Site and the services offered by it and related to it and/or any part thereof, and/or the User's account and password at any time for any reason whatsoever. Continued use of the Site by the User implies their acceptance of the Terms of Use and binds them to any and all amendments, fully and absolutely. If, at any time, the User considers that they do not wish to accept these amendments, they may immediately stop using the Site.
In the event of the User's access to the Site being terminated, the User will still be bound by the obligations arising from these Terms of Use and any amendments thereto, including the warranties given by the User and the exclusions and limitations of liability. Moreover, Blupura is not liable to the User or third parties for any termination of access by the User. The User may, in any case, withdraw at any time by terminating their registration on the Site, subject to the provisions of the previous sentence.
11. Reporting Violations
Any abuse, illegal or unauthorised use, or use contrary to applicable law and/or the Terms of Use can be reported to Blupura by e-mail at: [info@blupura.com•].The User must also notify Blupura immediately of any unauthorised use of their account by third parties.
12. Privacy and Cookies
Blupura uses the personal data provided by the User in order to render the services necessary for operation and use of the Site, in compliance with current legislation on personal data protection (in particular, the General Data Protection Regulation (EU) 2016/679, Legislative Decree no. 196 of 30 June 2003, the "Personal Data Protection Code", as amended by Legislative Decree no. 101 of 10 August 2018, the "Decree containing provisions for the adaptation of national legislation to the GDPR").
For any information on how data is collected and processed by Blupura, see the Site’s Privacy Policy and refer to the Customer Privacy Policy that the User signed when their personal data was collected, of which a copy can be requested from the email address info@blupura.com.
13. Final Provisions
These Terms of Use and the rights and obligations of Users and of Blupura arising therefrom are governed by Italian law. All disputes arising between the User and Blupura shall be referred to the exclusive jurisdiction of the Court of Bologna, without prejudice to different attributions of jurisdiction that may be provided for the User by the law.
In the event of invalidity or unenforceability by law of any provision of these Terms of Use including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions shall continue to have full force and effect and the invalid and/or unenforceable provision shall be deemed superseded by the valid and enforceable provision that most closely matches the purpose and spirit of the original provision.
Blupura's performance of the provisions of these Terms of Use is subject to existing laws and procedures, and nothing contained in these Terms of Use derogates from Blupura's right to comply with requests or requirements arising from the implementation of such laws.