Terms of service

Terms and Conditions of www.bluesinmoda.it

Dear Consumer Customer,

These Terms govern the use of this Website and any other agreement or legal relationship with the Owner in a binding manner. Expressions with an initial capital letter are defined in the relevant section of this document.

Users are kindly invited to read this document carefully.

The entity responsible for this Website is:

Gianluigi Guglietta – via XXIV MAGGIO 8, Fondi (LT)
Owner’s email address: info@bluesinmoda.it
VAT No.: 03122620598

The purchase of Products available on bluesinmoda.it shall be governed, in addition to these Premises, exclusively by the provisions set out in the General Conditions of Sale (GCS) and in the “Right of Withdrawal” section.

Consumers shall benefit, in particular, from all protections provided for distance contracts pursuant to Title III, Section II, of Legislative Decree 6 September 2005, No. 206 (“Consumer Code”), as well as from all further mandatory protections granted to Consumers by the Consumer Code and any other applicable law.

Access to and use of bluesinmoda.it, which belongs to IGP SRLS, are governed by these terms of use and imply acceptance of them. Acceptance and compliance with these Terms and Conditions are binding; therefore, anyone who does not comply with these Terms and Conditions is not permitted to access or use the Website or download informational material from it.

Quick overview

  • The right of withdrawal applies only to European Consumers.

  • Please note that certain provisions of these Terms may apply only to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each relevant clause. Where no mention is made, the clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the terms of use of this Website set out in this section have general applicability.

Additional terms of use or access applicable in particular situations are expressly indicated in this document.

By using this Website, Users declare that they meet the following requirements:

  • There are no restrictions regarding whether Users are Consumers or Professional Users.

Registration

In order to use the Service, Users may create an account by providing all required data and information in a complete and truthful manner.
It is also possible to use the Service without registering or creating an account. In this case, however, certain features may not be available.

Users are responsible for keeping their access credentials secure and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.

By creating an account, Users agree to be fully responsible for all activities carried out using their access credentials. Users must inform the Owner immediately and unambiguously, using the contact details provided in this document, if they believe that their personal information—such as the User account, access credentials, or personal data—has been violated, unlawfully disclosed, or stolen.

Closing an account

Users are free to close their account and stop using the Service at any time by following this procedure:

  • Contact the Owner using the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right to suspend or delete a User’s account at any time at its sole discretion and without notice, where it deems it inappropriate, offensive, or contrary to these Terms.

The suspension or deletion of an account does not entitle the User to any compensation, refund, or indemnity.

The suspension or deletion of an account for reasons attributable to the User does not release the User from paying any fees or prices that may apply.

Content on this Website

Unless otherwise specified or clearly recognizable, all content available on this Website is owned by or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not infringe applicable laws or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to Users’ rights and legally enforceable claims, Users are requested to address related complaints to the contact details specified in this document.

Rights to the content of this Website

The Owner holds and expressly reserves all intellectual property rights to the above-mentioned content.

Users are not authorized to use the content in any way that is not necessary or implicit for proper use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/assigning to third parties, or creating derivative works from the content available on this Website, as well as from enabling third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Website, Users are authorized to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes, provided that attribution of authorship is observed and any other relevant requirement requested by the Owner is complied with.

Limitations and exclusions under copyright law remain applicable.

Access to external resources

Through this Website, Users may have access to third-party resources. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content or availability.

The conditions applicable to third-party resources, including any conditions applicable to the granting of rights to content, are determined by those third parties and governed by their terms and conditions or, in their absence, by law.

Permitted use

This Website and the Service may be used only for the purposes for which they are offered, in accordance with these Terms and applicable law.

It is the User’s sole responsibility to ensure that use of this Website and/or the Service does not violate any laws, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests and, in particular, to deny the User access to this Website or the Service, terminate contracts, and report any censurable activity carried out through this Website or the Service to the competent authorities (e.g., judicial or administrative authorities) whenever the User engages in, or is suspected of engaging in:

  • violations of laws, regulations and/or these Terms;

  • infringement of third-party rights;

  • acts that may significantly prejudice the Owner’s legitimate interests;

  • insults to the Owner or to a third party.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products offered on this Website as part of the service are paid.

The fees, duration and conditions applicable to the sale of such Products are described below and in the relevant sections of this Website.

Product description

Prices, descriptions and availability of Products are specified in the relevant sections of this Website and are subject to change without notice.

Although Products on this Website are presented with the greatest technically possible accuracy, any representation on this Website by any means (including, where applicable, graphic materials, images, colors, sounds) is for reference only and does not imply any guarantee as to the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure

Each phase, from selecting the product to submitting the order, is part of the purchase procedure.
The purchase procedure includes the following steps:

  • Users are requested to select the desired Product so that it appears in the purchase selection, indicating, where possible, quantity and specific features.

  • Users can review their selection, modify, add or remove items and, where provided, supply specific instructions.

  • To access checkout, Users must click the relevant button.

  • In the checkout area, Users will be asked, in successive steps, to provide their contact details, billing and shipping address, and choose a shipping and payment method.

  • During the purchase procedure, Users may, at any time, modify, correct or replace the information provided, add a gift card, an affiliate code or a discount code (Voucher), or completely abandon the purchase procedure without consequence.

  • After providing all the required information, Users are requested to carefully review the order and then confirm and submit it using the relevant button or mechanism on this Website, thereby accepting the Terms and undertaking to pay the agreed price.

Submission of the order

Submitting the order entails the following:

  • Submission of the order by the User constitutes the conclusion of the contract and creates for the User the obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.

  • Where the purchased Product requires active input from the User (such as providing information or personal data, specifications or special requests), submission of the order also creates for the User the obligation to cooperate accordingly.

  • Once the order has been submitted, Users will receive an order receipt confirmation.

All notifications relating to the above purchase procedure will be sent to the email address provided by the User for this purpose.

The Owner may accept or reject orders received at its discretion; in the event of non-acceptance or cancellation, the Customer shall not be entitled to any rights or claims on any grounds. It is understood that, in the event of non-acceptance or cancellation of the Order, the Website will promptly refund Customers any amounts already paid.

If the ordered product is unavailable, the customer will be informed immediately. In such case, we will propose to the customer a replacement product of similar quality and price. If no product meets your needs, the User will be refunded 100% of the amount paid as soon as possible.

Prices

During the purchase procedure and before submitting the order, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.

Prices on this Website:

  • include all applicable fees, taxes and costs.

  • This Website reserves the right to change Product prices at any time. Any changes to Product prices shall not, however, be effective for Customers who have already submitted an Order.

Payment methods

Details relating to accepted payment methods are highlighted during the purchase procedure and in the footer of the Website.

Some payment methods are subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Website.

All payments are processed independently by third-party services. Therefore, this Website does not collect payment data—such as credit card numbers—but receives a notification once the payment has been successfully completed.

If a payment made using one of the available methods fails or is refused by the payment service provider, the Owner is not obliged to fulfill the order. Any costs or fees resulting from the failed or refused payment shall be borne by the User.

This Website reserves the right to refuse or not fulfill Orders involving delivery of the relevant Products outside the Italian territory and to the municipalities of Livigno or Campione d’Italia.

Retention of title

Until the Owner has received payment of the full purchase price, the User does not acquire ownership of the ordered Products.

Delivery

Deliveries are made to the address indicated by the User and according to the methods indicated in the order summary.

Upon delivery, Users must check the contents of the package and promptly report any anomalies using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery may take place in the countries or territories specified in the relevant section of this Website.

Delivery times are indicated on this Website or during the purchase procedure.

Unless otherwise specified on this Website or agreed with the User, Products are delivered within thirty (30) days of purchase.

Failed or delayed delivery

The Owner shall not be liable for failed or delayed delivery if: (a) although it has duly and timely purchased the Products to cover the received Order, it was not supplied within the agreed timeframes and methods by the supplier; (b) it is unable to remedy the unavailability of such Products due to circumstances beyond its control; and (c) it has promptly informed the Customer of such unavailability.

The Owner shall not be liable for any delivery errors resulting from inaccuracies or omissions made by the User when completing the purchase order, nor for any damage or delays occurring after handover to the courier if the latter was appointed by the User.

The Owner shall not be liable for failed or delayed delivery due to force majeure. If the force majeure persists for a period exceeding 30 (thirty) days, either party shall have the right to withdraw from the contract.

If the goods are not delivered or collected at the time or within the specified deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, each delivery attempt from the third onwards shall be charged to the User.

User rights

Right of withdrawal

Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in the relevant section of this Website.

Who benefits from the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers are legally entitled to withdraw from online contracts (distance contracts) within the time period specified below for any reason and without the need for justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

Exercising the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal statement of their intention to withdraw from the contract.

The User is free to express their intention to withdraw in any other suitable form. In order to comply with the withdrawal period, the User must send the withdrawal statement before the withdrawal period expires.

When does the withdrawal period expire?

  • In the case of a purchase of goods, the withdrawal period expires after 14 days from the day on which the User, or a third party appointed by the User (other than the carrier), takes physical possession of the goods.

  • In the case of multiple goods ordered together but delivered separately, or in the case of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User, or a third party appointed by the User (other than the carrier), takes physical possession of the last good, lot or piece.

Effects of withdrawal

The Owner shall refund all payments received, including, where applicable, delivery costs, to Users who have properly exercised the right of withdrawal.

However, any increased cost arising from the choice of a particular delivery method other than the least expensive standard delivery method offered by the Owner shall be borne by the User.

The refund is made without undue delay and in any event within 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund shall be made using the same payment method used for the initial transaction. The User shall not incur any costs as a result of withdrawal.

…for contracts for the purchase of tangible goods

Unless the Owner has offered to collect the goods, the User must return them to the Owner or to another person authorized by the Owner to receive them, without undue delay and in any event within 14 days from the day on which they communicated their intention to withdraw.

The deadline is met if the goods are handed over to the carrier or another authorized person before the expiry of the 14-day period described above. The refund may be withheld until the goods have been received or until the User has provided evidence of having returned them.

The User is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions to the right of withdrawal

There is no right of withdrawal for contracts:

  • for the supply of goods made to the consumer’s specifications or clearly personalized.

Legal guarantee of conformity

Under European law, the seller guarantees the conformity of sold goods for a minimum period of 2 years from delivery. Therefore, the seller must ensure that purchased goods have the promised or reasonably expected quality, functionality or characteristics for at least two years from the time of delivery to the buyer.

Where Users act as European Consumers, the legal guarantee of conformity applies to items available on this Website in accordance with the laws of the country in which they have their habitual residence.

National laws of that country may grant such Users broader rights.

Consumers who do not act as European Consumers may enjoy conformity warranty rights under the laws of the country in which they have their habitual residence.

Limitation of liability and indemnification

Australian Users — Limitation of liability

Nothing in these Terms excludes, limits or modifies any guarantee, condition, indemnity, right or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or similar state and territorial legislation, and that constitutes a right that cannot be excluded, limited or modified (a “non-excludable right”). To the maximum extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner’s discretion, to the re-supply of the services or payment of the cost of having the services supplied again.

USA Users — Warranty disclaimer

The Owner provides this Website “as is” and “as available”. Use of the Service is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly disclaims all conditions, representations and warranties of any kind—whether express, implied, statutory or otherwise—including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly stated herein.

Notwithstanding the foregoing, the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available uninterrupted and secure at any time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through use of the Service is downloaded at the User’s own risk and the User is solely responsible for any damage to their computer system or mobile device or loss of data resulting from such download or from the User’s use of the Service.

The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service linked via hyperlink. The Owner is not a party to and does not in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or may not function properly with the User’s browser, device and/or operating system. The Owner cannot be held liable for any perceived or actual damages resulting from the Service content, operation, or use.

Federal laws, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The exclusions above may not apply to Users. This Agreement gives Users specific legal rights, and Users may have additional rights that vary from state to state. The limitations and exclusions provided in this Agreement apply to the fullest extent permitted by law.

 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees be held liable for:

  • any indirect, intentional, incidental, special, consequential, or exemplary damages, including but not limited to damages resulting from loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service;

  • any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service or the User’s account or the information contained therein;

  • any errors, omissions, or inaccuracies in the content;

  • personal injury or property damage of any nature whatsoever resulting from the User’s access to or use of the Service;

  • any unauthorized access to or use of the Owner’s secure servers and/or any personal information stored therein;

  • any interruption or cessation of transmissions to or from the Service;

  • any bugs, viruses, trojans, or similar items that may be transmitted to or through the Service;

  • any errors or omissions in any content or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

  • the defamatory, offensive, or illegal conduct of any User or third party.

In no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost exceeding the amount paid by the User to the Owner in the twelve (12) months preceding the event giving rise to the claim, or for the duration of this Agreement between the Owner and the User, whichever period is shorter.

This limitation of liability section applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other legal theory, even if the Owner has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to the User. These Terms grant the User specific legal rights, and the User may have other rights that vary from jurisdiction to jurisdiction. Any waivers, exclusions, or limitations of liability under these Terms do not apply beyond the limits permitted by applicable law.

Indemnification

The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs, or expenses, including without limitation legal fees and expenses, arising from:

  • the User’s use of or access to the Service, including any data or content transmitted or received by the User;

  • the User’s breach of these Terms, including but not limited to any breach of any representation or warranty set forth in these Terms;

  • the User’s violation of any third-party rights, including but not limited to rights related to privacy or intellectual property;

  • the User’s violation of any applicable law, rule, or regulation;

  • any content submitted from the User’s account, including but not limited to misleading, false, or inaccurate information, including cases where access is made by third parties using the User’s personal username and password or other security measures, if any;

  • the User’s willful misconduct;

  • the User’s violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers, or employees, to the extent permitted by applicable law.

Common Provisions

No Waiver

The Owner’s failure to exercise any legal right or claim arising from these Terms shall not constitute a waiver thereof. No waiver shall be deemed final in relation to any specific right or any other right.

Service Interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, providing appropriate notice to Users where possible.

Within the limits of the law, the Owner also reserves the right to suspend or terminate the Service entirely. In the event of termination, the Owner will endeavor to ensure that Users are able to extract their Personal Data and information in accordance with applicable law.

The Service may also be unavailable due to causes beyond the reasonable control of the Owner, such as force majeure events (e.g., strikes, infrastructure failures, blackouts, etc.).

Resale of the Service

Users are not permitted to reproduce, duplicate, copy, sell, resell, or exploit this Website or the Service, in whole or in part, without the Owner’s prior written consent, given either directly or through a legitimate resale program.

Privacy Policy

Information regarding the processing of Personal Data is contained in the Privacy Policy of this Website.

Intellectual Property

Without prejudice to any more specific provision contained in these Terms, all intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs relating to this Website are the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

All trademarks—whether word or figurative—and any other distinctive signs, trade names, service marks, illustrations, images, or logos appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Amendments to the Terms

The Owner reserves the right to amend these Terms at any time. In such cases, the Owner will provide appropriate notice of the changes to Users.

The amendments shall affect the relationship with the User only prospectively.

Continued use of the Service implies acceptance by the User of the updated Terms. If the User does not wish to accept the changes, they must cease using the Service. Failure to accept the updated Terms may result in either party’s right to terminate the Agreement.

The previously applicable version shall continue to govern the relationship until the User accepts the amendments. That version may be requested from the Owner.

Where required by applicable law, the Owner will specify the date on which the amendments to the Terms shall enter into force.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract any or all rights and obligations under these Terms, taking into account the legitimate interests of Users.

The provisions regarding amendments to these Terms shall apply accordingly.

Users are not permitted to assign or transfer their rights or obligations under these Terms without the Owner’s prior written consent.

Contact Information

All communications relating to the use of this Website must be sent to the contact details provided in this document.

Severability

If any provision of these Terms is or becomes invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

USA Users

Any invalid or unenforceable provision shall be interpreted and adapted to the extent necessary to render it valid, enforceable, and consistent with its original intent.
These Terms constitute the entire agreement between the User and the Owner with respect to the subject matter herein and supersede all prior communications and agreements between the parties relating to such subject matter.
These Terms shall be enforced to the fullest extent permitted by law.

European Users

If any provision of these Terms is or becomes null, invalid, or unenforceable, the parties shall endeavor to amicably identify a valid and enforceable provision to replace the invalid, null, or unenforceable one.
If no agreement is reached, where permitted or provided for by applicable law, the invalid, null, or unenforceable provision shall be replaced by the applicable statutory provision.

Notwithstanding the foregoing, the nullity, invalidity, or unenforceability of a specific provision of these Terms shall not render the entire Agreement null and void, unless the invalid provisions are essential or of such importance that the parties would not have entered into the contract had they known that such provision would be invalid, or where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.

Governing Law

These Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict-of-law rules.

Exception for European Consumers

Notwithstanding the foregoing, if the User acts as a European Consumer and has their habitual residence in a country whose laws provide a higher level of consumer protection, such higher level of protection shall prevail.

Jurisdiction

Exclusive jurisdiction over any dispute arising out of or in connection with these Terms shall lie with the courts of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers

The above does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway, or Iceland.

Applicable Law and Dispute Resolution

These General Conditions of Sale are governed by Italian law and shall be interpreted accordingly, without prejudice to any overriding mandatory provisions of the country of the Customer’s habitual residence. Consequently, the interpretation, execution, and termination of the General Conditions of Sale are subject exclusively to Italian law, and any disputes relating to or arising therefrom shall be resolved exclusively by the Italian judicial authorities.

Amicable Settlement of Disputes

Users may report any disputes to the Owner, who will attempt to resolve them amicably.

Without prejudice to the User’s right to take legal action, in the event of disputes relating to the use of this Website or the Service, Users are encouraged to contact the Owner using the contact details provided in this document.

Users may submit a complaint to the Owner’s email address provided in this document, including a brief description and, where applicable, details of the relevant order, purchase, or account.

The Owner will handle the request without undue delay and within 21 days of receipt.

Consumer Dispute Resolution Platform

The European Commission has established an online platform that provides an alternative dispute resolution tool. This tool may be used by European consumers to resolve out-of-court disputes relating to or arising from online contracts for the sale of goods and services. Accordingly, if you are a European consumer, you may use this platform to resolve any dispute arising from an online contract concluded with the Owner. The platform is available here.