Terms of service
Welcome on Blomming. 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, also including those stipulated by Privacy and Conditions as indicated further on. By accessing and/or using the Services, you agree to be bound by these Terms.
This Agreement is effective on April 18 2013, for current users, and upon acceptance for new users.
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. With the acceptance of these Terms you are guaranteeing that you are 18 years or older and that all registration information that you supply are correct and true. You can in fact use the Blomming platform if you are a legal adult and therefore can take advantage of the Services provided 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 (but that will be directly accessible and knowable on the page of the Acceptable Use Policy of Blomming), (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 also expressely agree the PayPal Acceptable Use Policy.
2. Version of the Services
The Services are currently available in the version 2.0. Blomming is willing to allow you to use the 2.0 version of the Services on the condition that (i) you abide by these Terms; (ii) 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.
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.
Blomming offers its registered users, that wish to amplify their sales channels, to activate the affiliation service. This service consists in allowing named third parties to choose products of the users that activate the affiliation program and therefore publicize them on their own sales channels (merely as examples: internet websites, personal pages on social networks such as Facebook, Twitter, Blog, etc.). Users engaged in selling can choose to activate the affiliation program from the moment in which they register and choose the percentage of commission to be recognized to the Promoter, according to the terms and conditions established by Blomming at the moment of activation (from a minimum of 4% of the price of the product sold through the Promoter) for the activated service. Therefore, the Promoter, on the basis of the products offered and the percentages recognized to him, can decide if to promote or not the product of the seller that has activated this service. It will therefore be the seller's prerogative to choose the percentage to be given to the promoter so as to ensure that he will choose to promote the sellers products and therefore increase the sellers sales.
5. 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.
6. Abuses on 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 users 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.
7. 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 with by buyer and seller.
8. 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.
9. Service Fees
9.1 At the moment of registration on the Blomming platform users are automatically adhering to the free price plan. The Free price plan allows all users to make use of Blomming services and therefore allows for the sale of products and/or services on the Blomming website, on their own website, on Facebook, twitter and on the Blomming storefront (with the possibility of using all instruments designed for gaining visibility allowed on the Blomming website) up to the obtaining of a maximum of € 200,00 worth of completed orders.
9.2 After these € 200,00 worth of income are surpassed, and with every order subsequent to the limit stated above, the seller will have to choose a rate profile from the following two options: (i) paying a rate of 4% of the price that appears on the Product Page of the product on sale (ii) the payment of a fixed monthly rate of € 12,99, (including any taxes required by law, regardless of the product and/or service sold)
9.3 Subsequent to the surpassing of the limit indicated in the Free price plan, users will be entitled to sell through their own channels (merely as an example and not as an exhaustive list, from their website, Blomming shop, facebook, twitter etc.) however, to be able to take advantage of the Blomming storefront and all the instruments for visibility associated to this (as an example, the ability to navigate by category, the newsletter, the ‘social’ profiles of Blomming itself, etc.) users will have to activate the Affiliation service, found at point 4. With the Affiliation service users will have increased visibility and the possibility of generating sales on all channels at the disposal of the Blomming platform.
9.4 In the case of the Affiliation being activated the seller can choose, as indicated at point 4, the percentage to be recognised to the Promoter (with a minimum of 4% of the price of the product in question) to the end of publicising their products and/or services. It is implied that the said percentage will be recognised from case to case to the promoter through which the sale was generated (Blomming, in the case, for example, of a sale through the Storefront or the instruments of sale accessible from the Blomming platform or Promoter in the case, for example, of a sale through an Affiliate Account). The seller that has activated the said service will be entitled to benefit from the full range of services for sale and visibility put at their disposal by Blomming.
9.5 These rates will be effective from April 18, 2013. Sellers who are already registered on the website at April 17, 2013 will benefit from an added promotion that will elevate the gratuity of the service up to a roof sum of € 300,00 worth of completed orders.
9.6 As described in this clause is the Fee Policy, that will be published on the website and will be subject to change from time to time, and references of which will be incorporated in these Terms, having this text as a reference. The introduction of a Fee Policy, changes to a Fee Policy and of rates for Blomming services will come into effect 30 days after the publication of Policy and/or relative changes to the website. During this period you may renounce the Services through a written request to Blomming. If we do not receive such request and/or in the case of use of the services and instruments of Blomming after the end of the forewarning, the Fee Policy and rates for the services and instruments offered by Blomming will be considered to have been accepted in full, and therefore in vigour.
In the case Blomming introduces a new service subject to rates, the costs of such a service will come into effect when the service is deployed.
Unless specified all rates will be quoted in Euros.
Blomming also reserves the right to introduce advertising images and information relating to the Service of the content posted by users on their sites and in this case, the user agrees not to raise any claims and / or economic demand.
9.7 The payment of Blomming Rates can be made through the instruments accepted by Blomming and published on the website.
9.8 In the case of suspension of the service, for any reason, the user will have to pay the amount owed to Blomming and to Promoters, with the methods established by the present Terms of Service and by the Affiliation Program, using the payment method preselected by the seller.
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.
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) Circumvent or manipulate our fee structure, the billing process, or fees owed to Blomming;
- e) Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- f) Take any action that may undermine feedback or ratings systems;
- g) Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- h) Distribute viruses or any other technologies that may harm Blomming, or the interests or property of Blomming users;
- i) Export or re-export any Blomming tools;
- j) Copy, modify, or distribute rights or content from the Blomming sites, service, or tools or Blomming's copyrights and trademarks;
- k) Harvest or otherwise collect information about users, including email addresses, without their consent;
- l) Access, tamper with, or use non-public areas of the Services, Blomming computer systems, or the technical delivery systems of Blomming's providers;
- m) Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- n) 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;
- o) 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;
- p) Take any action that imposes (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- q) 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)
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.
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.
14. 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.
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.
16. 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.
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).
18. 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).
19. 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.
20. Choice 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 subject to the laws about jurisdiction and applicable law.
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 writing and 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.
22. 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.
23. Validity of the Terms
Blomming strives to provide an adequate service that satisfies all users from all points of view. The current contract will remain valid indeterminately and therefore can be dissolved by you, by sending a request at [email protected], and by Blomming by sending you a notification email on the address associated with your Blomming account. In this case your account will be closed in a maximum of 96 hours.
Blomming is a service made and provided by Blomming Spa, VAT number IT07199240966. If you wish to contact us you can use the following information:
E-Mail: info AT blomming.com
Address: Via Carloforte 60, 09123 Cagliari (ITALY).