Legal information
Terms of Use
PREAMBLE.
This website, accessible at the URLs bluefields.it, www.bluefields.it (hereinafter, "Site"), is the exclusive property of Bluefields Sas di Mingozzi Maria & C., with registered office at Via Carlo Jussi 30 40068 San Lazzaro di Savena (BO) - Italy, Tax ID/VAT No. IT01517411201, REA: BO – 340300.
Accessing, using, and browsing the Site’s pages automatically attributes the status of User and implies full acceptance of these Terms of Use (contractual terms for using the Site), as well as the General Conditions of Sale, the Privacy Policy, and any other notes, legal notices, disclosures, or disclaimers published anywhere on the Site, all of which are to be considered legally binding for Site visitors under Italian law.
In any case, this Site is not intended for individuals under 18 years of age.
Users who do not intend to accept one or more of the Terms of Use set out below are invited to cease visiting the Site immediately.
The User agrees to use the Site and any data, information, or material available therein exclusively for lawful purposes, in accordance with these Terms of Use, with the User remaining entirely responsible for any liability arising from the unlawful use of content and/or the violation of any regulation.
1. MODIFICATION AND DURATION OF THE SITE TERMS OF USE.
1.1. The content of these Terms of Use may be modified, without prior notice, at the discretion of Bluefields Sas di Mingozzi Maria & C.. Users are therefore required to review them regularly to stay informed about the applied conditions.
1.2. These Terms of Use and any subsequent amendments, however published on the Site, will remain in full force and effect for the entire duration of the User's use of the Site, its related content, materials, and/or services.
1.3. Even after the cessation of the use of the Site, the provisions of these Terms regarding the following will remain in force and binding, as they have an ultra-active nature:
a) exclusion and limitation of liability for Bluefields Sas di Mingozzi Maria & C.;
b) governing law of the contract and its execution;
c) jurisdiction and the competent court for any disputes.
2. PURPOSE OF THE SITE.
2.1. The Site has commercial purposes: through it, Bluefields Sas di Mingozzi Maria & C. intends to produce and sell food and non-food products, as well as make service bookings available, exclusively to consumers, to be understood as individuals acting for purposes unrelated to any commercial, entrepreneurial, or professional activity they may carry out. Bluefields Sas di Mingozzi Maria & C. therefore reserves the right not to accept purchase orders from Users who are not consumers, as well as any other purchase order proposal that does not comply with the General Conditions of Sale and these Terms of Use.
2.2. Whatever is published on the Site, in any case, does not have a periodic nature and therefore does not constitute an "editorial product" under and for the purposes of Law no. 62/2001.
3. INTERRUPTION AND SUSPENSION OF THE SITE.
3.1. Bluefields Sas di Mingozzi Maria & C. reserves the right, at any time, to interrupt or suspend, temporarily or permanently, access to the site, individual pages, content, or services offered by it.
3.2. The User acknowledges that, for such operations, Bluefields Sas di Mingozzi Maria & C. cannot in any way be held liable to the User or third parties.
4. CONTENTS, COPYRIGHT, TRADEMARKS, AND DOMAIN NAMES.
4.1. The entire Site, including the pages that comprise it, ideas, graphic layout, content, audio/video materials, and more generally any other creativity connected to the Site and services, as well as certain food and non-food products manufactured and sold through the Site, are the property of Bluefields Sas di Mingozzi Maria & C..
4.2. Such materials may not be reproduced, used, or represented by the User, not even for illicit purposes and/or expressly prohibited by these Terms of Use, except in cases and within the limits expressly recognized by Bluefields Sas di Mingozzi Maria & C. or in cases and within the limits permitted by law.
4.3. Any use of the aforementioned trademarks not compliant with the law, or otherwise unauthorized, is strictly prohibited. Furthermore, it is not permitted in any way to use these trademarks or any other distinctive sign present on the Site to unduly take advantage of their distinctive character or reputation, or in a manner that causes prejudice to them or their owners.
4.4. The User is granted a non-transferable right to use the Site and/or services, limited to private, non-commercial use.
4.5. Bluefields Sas di Mingozzi Maria & C. is committed to removing, as quickly as possible, content deemed unlawful and declared as such by a provision of the Judicial Authority. Content deemed illicit at the sole discretion of Bluefields Sas di Mingozzi Maria & C., potentially reported by Users, will also be removed. In such cases, Bluefields Sas di Mingozzi Maria & C. will endeavor to make the appropriate reports to the competent Authority.
4.6. In the event that Bluefields Sas di Mingozzi Maria & C. determines, directly or following a report, a violation of national and/or international regulations on the matter, it reserves the right to interrupt access to the Site or specific content or materials.
5. OBLIGATIONS OF USERS.
5.1. The User agrees to make diligent use of the Site and the services accessible through it, in full compliance with Italian law, public decency, and these Terms of Use, as well as the General Conditions of Sale, the Privacy Policy, and any other note, legal notice, disclosure, or disclaimer published anywhere on the Site.
5.2. All information provided by the User by any means to obtain the services offered by Bluefields Sas di Mingozzi Maria & C. must be true and complete. In any case, the User shall be solely responsible for any false and/or incomplete declarations or information provided, as well as for any damages arising to Bluefields Sas di Mingozzi Maria & C. or third parties.
5.3. Furthermore, the User may not, by way of example and not limitation: use tools, software, or scripts harmful to the Site and to the tools used by Bluefields Sas di Mingozzi Maria & C. (and its technicians) during the provision of its services; violate and attempt to alter any aspect of the Site's services; block, overwrite, modify, or copy, where not necessary for the correct use of the Site's services; reproduce using "robot/crawler" type search technology; publicly disclose and reproduce Site content without prior authorization; alter Site data and content; perform any action capable of prejudicing the functionality of the Bluefields Sas di Mingozzi Maria & C. infrastructure and the Site; commit or facilitate a crime; cause disturbance to other Users; send unsolicited material, commonly known as “spam”; transmit and/or disseminate viruses, trojans, worms, malware, logic bombs, or any other material that is technologically harmful, violates confidentiality and privacy, or is in any way offensive or obscene; violate the property rights, including industrial and intellectual property rights, of any subject.
6. ACCOUNT CREATION
6.1. To order and purchase products on the Site, the User may create a personal account by registering according to the following procedure:
a) click on the stylized user icon on the menu bar located at the top of any page of the Site;
b) click then on the “shop” button if you intend to access with an account already registered on the “Shop” platform by Shopify;
c) alternatively, you can register your account on the Site by entering your e-mail address and clicking on “Continue”;
d) by clicking on “Continue”, the User accepts these Terms of Use and the Privacy Policy;
e) the system will automatically send the User an e-mail containing a temporary code to be entered on the next page; by entering the code in the appropriate space and finally clicking on “Send”, the User will have registered the account connected to the e-mail address.
6.2. For every subsequent access to the account, it will be sufficient to repeat the procedure, which also serves as a login.
6.3. Once the account creation procedure is successful, the registered User will also be able to access their reserved area, where informational services are offered, such as:
a) tracking their orders;
b) viewing an order and purchase history;
c) viewing and changing their contact and shipping information;
d) modifying their login details;
e) requesting returns for purchased products.
6.4. It is specified in any case that, as indicated in the General Conditions of Sale, it is possible to order and purchase products on the Site even without registration or using an account.
6.5. Users are reminded that when entering any area of the Site via a public computer (e.g., an internet café, public library, university lab, etc.), they must carefully perform the log-out procedure after the usage session has finished; otherwise, other users of the same device will be able to access the previously used account.
6.6. Furthermore, if access occurs from a mobile device (e.g., smartphone or tablet) via a web browser or application, it is possible that, depending on settings, the account remains logged in; it is therefore suggested to protect mobile devices with a password, and if lost or stolen, to use remote data deletion options (if available) to delete all personal information on the device, and finally to change the password of the account registered on the Site.
6.7. The registered User may, at any time and for any reason, request the deletion of their account by sending an e-mail to support@bluefields.it or through the other contact channels indicated on the Site; the User will receive confirmation of the deletion.
6.8. The account must be used exclusively by the User and cannot be transferred to third parties; the User agrees to ensure that no one can access it and to inform Bluefields Sas di Mingozzi Maria & C. immediately if they suspect or become aware of unauthorized access or use of the same.
6.9. Each User can register only one personal account on the Site: multiple registrations are therefore expressly prohibited.
6.1. Bluefields Sas di Mingozzi Maria & C. reserves the right to delete a User's account in the event of a violation of these Terms of Use, or in the event that complete, true, and correct personal data have not been provided, without prejudice to the right to compensation for damages suffered.
6.2. As already specified in point 3.1 of these Terms of Use, Bluefields Sas di Mingozzi Maria & C. reserves the right, at any time, to interrupt or suspend, temporarily or permanently, access to the site, individual pages, content, or services offered by it, especially in cases where security reasons may arise.
7. LIMITATION OF LIABILITY.
7.1. The Site and related services are offered “as is” and without any guarantee of operation.
7.2. The User acknowledges that the use of the Site and the enjoyment of its services occur at their own exclusive risk. In particular, Bluefields Sas di Mingozzi Maria & C. does not provide any specific guarantee regarding any expected, hoped-for, or obtained results from the use of the Site and the enjoyment of its services, and disclaims all liability for any User claims connected to the use or malfunction of the Site or the services themselves.
7.3. Also through its appointed external data processors, Bluefields Sas di Mingozzi Maria & C. has adopted technical and organizational measures adequate to protect the security and integrity of data related to services, traffic, and electronic communications, in order to avoid risks of dispersal, destruction, and loss of data and information, as well as unauthorized or illicit access to said data and information.
7.4. The User agrees and concurs that Bluefields Sas di Mingozzi Maria & C. shall not be held in breach of its obligations, nor shall it be held liable for delays, malfunctions in the performance of the Site and related services, and for damages, direct or indirect, incurred by the User or third parties, deriving from events independent of its reasonable and material control, such as, merely by way of example and not limitation:
a) failure and/or defective functioning of services provided by telecommunications operators and/or electrical equipment and lines, as well as telephone, telematic, and/or cyber connections not managed directly by Bluefields Sas di Mingozzi Maria & C. or by persons for whom it is responsible;
b) malfunction of terminals or other communication systems used by the User;
c) actions of other users or other subjects accessing the Network;
d) other events deriving from accidental causes and/or force majeure.
7.5. In the event of an interruption to the Site's functionality, Bluefields Sas di Mingozzi Maria & C. undertakes to restore it as soon as possible.
7.5. Bluefields Sas di Mingozzi Maria & C. takes every precaution to ensure that no content, images, videos, sounds, or graphic representations are published on the Site that describe or depict scenes or situations of physical or psychological violence, or that may in any way be considered offensive to human dignity, freedom of expression, sexual or religious freedom, civil conditions, or human rights.
7.6. Bluefields Sas di Mingozzi Maria & C. also does not guarantee that said content is appropriate or lawful in countries other than Italy. Should the User encounter the aforementioned cases, they are requested not to access the Site. Nevertheless, should the User decide to access the Site and use the services offered, they do so solely under their own responsibility and by their own free choice.
8. THIRD-PARTY WEBSITES AND CONTENT.
8.1. The Site may contain links to websites, content, and materials stored on third-party servers, which are not monitored or controlled in any way by Bluefields Sas di Mingozzi Maria & C.; therefore, all liability for their content, accuracy, operation, lawfulness, reliability, personal data processing policies, or other policies or notices is disclaimed.
8.2. The mere possibility of accessing such sites, content, and materials directly from the Site does not, in itself, imply their approval or endorsement, and for these reasons, there shall be no liability for any loss, damage, or cost suffered by the User or third parties. Furthermore, it is not guaranteed that such sites, content, and materials are constantly updated.
8.3. By choosing to access third-party sites, content, and materials, the User acknowledges and accepts that these Terms of Use, as well as the General Terms and Conditions of Sale, the Privacy Policy, and any other note, legal notice, information, or disclaimer published anywhere on the Site, are no longer valid on such third-party sites, content, and materials.
8.4. Bluefields Sas di Mingozzi Maria & C. strictly prohibits the use of meta-tags and framing of its pages—that is, the embedding of a web page within another site—which prevents the recognition of the authorship of the content. The publication of links to the Site is, conversely, permitted exclusively upon written authorization provided by Bluefields Sas di Mingozzi Maria & C.
8.5. Bluefields Sas di Mingozzi Maria & C. reserves the right to take any action to protect its rights and legitimate interests should it suffer any financial or non-financial damage, including, but not limited to, damage to honor, reputation, or image, due to the conduct of the User or third parties.
9. PROTECTION OF PERSONAL DATA ON THE SITE.
9.1. Users may access the Site and browse within it without revealing their identity or providing any personal data, except for the ordering and purchasing of products or the booking of services on the Site.
9.2. Should the User wish to receive information or contact Bluefields Sas di Mingozzi Maria & C. through the specific contact form, they must provide certain personal data by filling it out. Before providing their personal data, the User is invited to read the Privacy Policy.
9.3. The User is requested to refrain from communicating, via the contact form or by email, their data belonging to the special categories referred to in Art. 9 of EU Regulation 2016/679 on the protection of personal data (“General Data Protection Regulation” – GDPR).
9.4. Bluefields Sas di Mingozzi Maria & C. declares that the processing of the User’s personal data, acquired during navigation and the use of the services and features of the Site, will take place and does take place in full compliance with the obligations provided for by EU Regulation 2016/679 and Legislative Decree 196/2003 (“Personal Data Protection Code”), according to the methods and purposes specifically specified in the Privacy Policy, which the User acknowledges and declares to have specifically reviewed.
10. GOVERNING LAW AND DISPUTE RESOLUTION.
10.1. These Terms of Use, as well as the General Terms and Conditions of Sale, the Privacy Policy, and any other note, legal notice, information, or disclaimer published anywhere on the Site itself, as well as the relationship between Bluefields Sas di Mingozzi Maria & C., the owner of the Site, and the Users, are subject to the application of Italian law.
10.2. All disputes that may arise between Bluefields Sas di Mingozzi Maria & C. and the Users, related to or in any way connected to the use of this Site (and related content, materials, and services), as well as to these Terms of Use, are reserved for the Italian jurisdiction and the exclusive territorial jurisdiction of the Court of Bologna.