Terms and conditions

These Terms and Conditions were last updated on October 29, 2024

Below are the terms and conditions under which Bloomy Planet SRL provides users with access to its services available on the website.

1. Definitions

For a complete understanding and acceptance of these terms and conditions, the following terms, in both singular and plural form, shall have the meaning described below:

  • Owner: Bloomy Planet SRL, with registered office at Vicolo Santa Maria alla Porta, 1 – 20123 Milan (ITALY), VAT number 12458320962, REA: MI – 2663080, share capital € 10,000, phone +39 329 451 7781, email address info@siriumbp.com;
  • Application: The website SiriumBP.com, operated by the Owner, which offers an e-commerce platform for the purchase of goods;
  • Products: The goods and/or services offered through the Application;
  • User: The person who accesses the Application, regardless of legal nature and intended purpose, interested in the Products offered through the Application;
  • Consumer: An individual acting for purposes unrelated to their business, commercial, craft, or professional activities;
  • Conditions: This contract that governs the relationship between the Owner and Users regarding the sale or provision of Products offered through the Application.

2. Formation, Conclusion, and Effectiveness of the Conditions

The contract for the purchase of Products is concluded by the accurate completion and submission of the order form. This form includes the details of the buyer and the order, the price of the purchased Product, any additional charges, the payment methods and terms, the delivery address, delivery times, the existence of the right of withdrawal, as well as consent for the processing of personal data.

When the Owner receives the order from the User, a confirmation email will be sent or a confirmation and summary webpage will be displayed, which is also printable. This page will also include the data mentioned in the previous point.

The Conditions are not considered effective between the parties in the absence of the information referred to in the previous point.

The Owner may modify or simply update, in whole or in part, these Conditions. The User acknowledges and agrees that any changes to these Conditions will apply to orders placed by Users after the date of communication of the changes. The User is therefore encouraged to review the Conditions every time they access the Application and is advised to print a copy for future reference.

3. Registration

To use some features of the Application, Users must register by providing true and complete information in the relevant registration form and fully accepting the privacy policy and these Conditions.

The User is responsible for safeguarding their access credentials. It is understood that the Owner cannot be held liable in any case for the loss, disclosure, theft, or unauthorized use of the User’s access credentials by third parties, for any reason.

4. Account Cancellation and Closure

Registered Users may stop using the Products at any time and deactivate their accounts or request their deletion through the interface of the Application, if possible, or by sending a written communication to the email address info@siriumbp.com, or by calling Customer Service at +39 329 451 7781.

The Owner, in the event of a breach by the User of these Conditions or applicable laws, reserves the right to suspend or close the User’s account at any time and without prior notice.

5. Purchases on the Application

The purchase of one or more Products through the Application is allowed both for Users who are Consumers and for Users who are not Consumers.

Pursuant to Article 3, paragraph 1, letter a) of Legislative Decree 206/2005 (“Consumer Code”), it is reminded that Consumers are individuals who, in relation to the purchase of Products, act for purposes unrelated to any entrepreneurial, commercial, professional, or craft activities they may undertake.

Purchasing is allowed only to individuals who are at least eighteen years old.

The Owner commits to describing and presenting the Products sold on the Application in the best possible manner. However, some errors, inaccuracies, or small differences may arise between the Application and the actual Product. Furthermore, any photographs of the Products on the Application are not contractual elements, as they are for representation purposes only.

The User expressly grants the Owner the right to accept the order, even partially (for example, in the case where not all ordered Products are available). In this case, the contract will be deemed finalized only with regard to the Products actually sold.

The Owner reserves the right to refuse an order:

  • When the Product is not available;
  • When authorization for the charge of the Product’s cost to the User is denied;
  • When an obviously incorrect price is displayed at the time of purchase, which can be clearly recognized as such. In this case, the User will be contacted by Customer Service for information and will receive a refund for the transaction.

6. Prices and Payments

The Owner reserves the right to modify, at any time, the price of the Products and any associated shipping fees. It is understood that such changes will not affect any contracts already concluded before the modification.

The sales prices of the Products include VAT, if applicable; any other potential taxes and/or shipping costs will be indicated to the User before confirming the purchase.

The User agrees to pay the price of the Product purchased within the time and in the manner indicated on the Application.

Any refunds to the User will be credited promptly via one of the methods proposed by the Owner and chosen by the User. In the event of exercising the right of withdrawal, the refund will be made no later than 14 days from the date on which the Owner became aware of the withdrawal.

The Application uses third-party tools for payment processing and does not come into contact with the payment data provided (credit card numbers, cardholder names, passwords, etc.).

If such third-party tools deny payment authorization, the Owner will not be able to provide the Products and will not be responsible for any delay or failure in delivery.

7. Invoicing

Users who wish to receive an invoice will be required to provide billing details. The information provided by the User at the time of purchase will be used to issue the invoice. The User guarantees that the information provided is accurate and releases the Owner from any responsibility in this regard.

8. Delivery Methods for Physical Products

A physical product refers to any movable good or digital good provided on a tangible medium offered through the Application.

Ordered physical Products will be delivered to the User at the address provided, using the delivery method chosen by the User or indicated in the Application at the time of purchase. Delivery will occur within the time frame indicated in the order confirmation.

Upon receipt, the User is required to verify the conformity of the delivered Product with the order. Only after this verification should the User sign the delivery documents, without prejudice to the right of withdrawal.

If an order exceeds the available stock, the Owner will notify the User via email whether the Product is no longer available or what the wait times are to obtain it. The User will be asked whether they wish to confirm the order.

The Owner is not responsible for delays or failure to deliver the Product due to force majeure causes such as accidents, explosions, fires, strikes, lockouts, earthquakes, floods, or other similar events that prevent, in whole or in part, the timely execution of the order.

The Owner will not be liable to any party or third party for damages, losses, or costs incurred due to the non-performance of the contract due to the aforementioned causes. The User is only entitled to a refund of the price paid.

9. Right of Withdrawal for Physical Products

Users who are consumers and are dissatisfied with their purchase of physical Products have the right to withdraw from the contract, without any penalty and without stating a reason, within 14 days from the date of delivery of the Product.

It is understood that the right of withdrawal mentioned above is excluded in the following cases:

  • Provision of Products made to measure or clearly personalized;
  • Provision of sealed Products that, when opened or used, would compromise their quality (e.g., a lit candle), provided they have been opened and/or used by the User.

To exercise the right of withdrawal, the User may use the dedicated form, contact the Owner at the email address info@siriumbp.com, or call the Customer Service at +39 329 451 7781. The User will be informed about the return process for the Product.

The Product(s) must be sent to: Bloomy Planet SRL, Vicolo Santa Maria alla Porta, 1 – 20123 Milano (ITALY), as per the return instructions provided during the contact phase.

The communication of withdrawal may be validly replaced by the return of the purchased Product, as long as it is done within the same timeframe. The date of delivery to the postal office or carrier will be considered as evidence between the parties.

In case of withdrawal, the Owner will refund the payments received from the User without undue delay, and in any case, within 14 days from the day the User communicated their intention to withdraw from the contract.

The Owner will refund the User using the same payment methods used by the User for the online purchase.

The User must return the Products at their own expense unless the Owner specifies otherwise, without undue delay and in any case within 14 days from the date they communicated the decision to withdraw.

The User is responsible for the Product’s integrity as long as it remains in their possession and must take all necessary measures to preserve the Product and ensure it is returned in the best possible condition, including the original packaging (undamaged), instruction manuals, accessories, separate items, and any other components.

The Product must not have been subject to handling other than what is necessary to determine the nature, characteristics, and functioning of the Product.

The Owner will not consider requests for returns if the returned Product is found to be malfunctioning due to improper use, negligence, damage, physical, aesthetic, or superficial alterations, tampering, improper maintenance, or wear and tear.

10. Optional Form to Exercise the Right of Withdrawal

Optionally, the User may withdraw using the following form, which must be completed in full and sent to the email address info@siriumbp.com before the withdrawal period expires:

With this form, I notify the withdrawal from the sales contract for the following goods/services: ____________________________

Order number: ____________________________
Ordered on: ____________________________
Name and Surname: ____________________________
Address: ____________________________
Email associated with the account from which the order was made: ____________________________
Date: ____________________________

11. Conformity Guarantee

All Products sold via the Application that fall under the category of “consumer goods” as defined in Article 128, paragraph 2 of the Consumer Code are covered by the legal guarantee of conformity provided for in Articles 128-135 of the Consumer Code.

The legal guarantee of conformity applies only to Consumers. Therefore, it only applies to Users who made a purchase via the Application for purposes unrelated to their entrepreneurial, commercial, professional, or artisan activity.

For those who have purchased on the Application but do not qualify as Consumers, the guarantees for defects of the sold goods, the guarantee for defects in essential quality promises, and other guarantees provided by the Civil Code will apply, with the corresponding terms, deadlines, and limitations (Articles 1490 et seq.).

A defect of conformity that occurs within 24 months from the date of purchase must be reported within 2 months of the discovery of the defect.

Unless proven otherwise, defects of conformity that occur within six months from the delivery of the Product are presumed to have existed at that time, unless such an assumption is incompatible with the nature of the Product or the defect. After six months, the User must provide evidence that the damage was not caused by improper or erroneous use of the Product.

Under Article 130 of the Consumer Code, in the case of a defect of conformity of the Product, the User has the right to have the Product’s conformity restored, at no cost. In this case, the User can usually choose between the repair of the Product or its replacement. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively costly. Additionally, the User is entitled to a reduction in the price or contract termination if one of the following situations occurs:

  • Repair and replacement are impossible or excessively costly;
  • The Owner did not perform the repair or replacement within a reasonable period;
  • The replacement or repair caused significant inconvenience to the User.

If the User wishes to exercise the remedies provided by the legal guarantee, they must contact the Owner at the email address info@siriumbp.com or call Customer Service at +39 329 451 7781.

The Owner will promptly respond to the User’s communication regarding the alleged defect of conformity.

12. Industrial and Intellectual Property Rights

The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or concerning the Application and/or the materials and contents available on the Application.

These Terms do not grant the User any license to use the Application and/or individual Content and/or materials available there, unless otherwise stated. All trademarks, whether figurative or nominative, and all other signs, trade names, service marks, brand names, logos, illustrations, images, and logos that appear in the Application are and remain the property of the Owner or its licensees and are protected by trademark laws and international treaties.

Any unauthorized reproduction in any form of the explanatory texts and content of the Application will be considered a violation of the intellectual and industrial property rights of the Owner.

13. Exclusion of Warranty

The Application is provided “as is” and “as available,” and the Owner does not provide any explicit or implied warranties concerning the Application, nor does the Owner guarantee that the Application will meet the User’s needs or that it will never have interruptions, errors, or be free of viruses or bugs.

The Owner will make reasonable efforts to ensure that the Application is available 24 hours a day, but cannot be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be temporarily suspended without notice due to system failures, maintenance, repairs, or reasons beyond the control of the Owner or due to force majeure events.

14. Limitation of Liability

The Owner shall not be liable to the User, except in cases of willful misconduct or gross negligence, for any disruptions or malfunctions related to the use of the internet network that is outside of the Owner’s control or that of its sub-suppliers.

The Owner shall also not be liable for damages, losses, and costs incurred by the User due to non-performance of the contract for reasons not attributable to the Owner, and the User will only be entitled to a full refund of the price paid and any related charges incurred.

The Owner does not assume any liability for fraudulent or illegal use by third parties of credit cards, checks, or other payment methods at the time of payment for the purchased services, provided that the Owner has demonstrated all possible precautions based on the best current knowledge and ordinary diligence.

The User agrees to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated with the Owner, its representatives, collaborators, consultants, administrators, agents, licensees, partners, and employees) from any obligations or liabilities, including legal expenses incurred to defend themselves in court, that may arise from damages caused to other Users or third parties in relation to the content uploaded or violations of legal terms or these Terms.

Therefore, the Owner will not be responsible for:

  • Any losses that are not a direct consequence of the Owner’s breach of contract;
  • Loss of business opportunities or any other indirect loss suffered by the User (such as, for example, but not limited to, business losses, loss of revenue, income, profits or expected savings, loss of contracts or commercial relationships, loss of reputation or goodwill, etc.);
  • Incorrect or unsuitable use of the Application by Users or third parties;
  • The issuance of incorrect fiscal documents due to errors in the data provided by the User, as the User is solely responsible for the correct entry of such data.

Under no circumstances shall the Owner be held liable for an amount exceeding twice the cost paid by the User.

15. Force Majeure

The Owner shall not be held responsible for failure or delay in fulfilling its obligations due to circumstances beyond the reasonable control of the Owner, caused by force majeure events or unforeseen and unpredictable events, including but not limited to, failures or interruptions of telephone or electrical lines, internet network issues, website unavailability, strikes, natural events, viruses, cyberattacks, interruptions in the supply of third-party products, services, or applications.

The performance of obligations by the Owner shall be suspended for the period in which such force majeure events occur.

The Owner shall take any actions within its power to identify solutions that enable the proper fulfillment of its obligations during force majeure events.

16. Links to Third-Party Sites

The Application may contain links to third-party websites. The Owner does not exercise any control over these sites and, therefore, is not responsible for their content.

Some of these links may refer to third-party websites that provide services through the Application. In such cases, the general terms of use of the website and the terms of service provided by third parties will apply, and the Owner assumes no responsibility for them.

17. Waiver

No waiver by either party of any provision of these Terms will be effective unless it is expressly stated to be a waiver and communicated in writing.

18. Invalidity of Individual Clauses

If any provision of these Terms is found to be illegal or invalid, it will not be considered part of the Terms, and this will not affect the remaining provisions, which will continue to be valid to the fullest extent permitted by law.

19. Privacy

The protection and processing of personal data will be carried out in accordance with the Privacy Policy, which can be consulted here.

20. Governing Law and Jurisdiction

These Terms and any disputes regarding their execution, interpretation, and validity are governed by Italian law and the exclusive jurisdiction of the court in the location of the Owner’s headquarters.

If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is the court of the consumer’s place of residence or domicile, if located within the territory of Italy, subject to the consumer’s right to appeal to a court other than the “consumer forum” as per Article 66 bis of the Consumer Code, competent according to the criteria set out in Articles 18, 19, and 20 of the Code of Civil Procedure.

21. Online Dispute Resolution for Consumers

Consumers residing in Europe should be aware that the European Commission has established an online platform providing an alternative dispute resolution tool. This tool can be used by the Consumer to resolve any disputes relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, the Consumer can use this platform to resolve any dispute arising from the online contract concluded with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/

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