Dear User: the website www.blueatmosphere.com (hereinafter the Website) is a brand owned by BLUEATMOSPHERE LLC, a company that manages the web platform dedicated to electronic commerce by publishing products and services in the world . BLUEATMOSPHERE LLC asks the User of this page to carefully and carefully read these TERMS AND CONDITIONS and the privacy policy of this Website, before beginning its exploration or use. If the User does not agree with these TERMS AND CONDITIONS or with any provision of the Privacy Policy, we suggest that they refrain from accessing or browsing the Website.
A.- GENERALITIES
The following Terms and Conditions regulate the relationship between:
(1) BLUEATMOSPHERE LLC : LIMITED LIABILITY COMPANY and/or any of its subsidiaries and/or affiliates (hereinafter “ BLUEATMOSPHERE LLC ”); Y
(2) THE USER : Any person who, in any way, enters the BLUEATMOSPHERE LLC website , www.blueatmosphere.com (hereinafter the ” Website “), browses it and/or buys products published there (in forward the “ User ”).
(3) THE ADVERTISER: Person or company that advertises products within the page for sale, whether manufacturer or distributor.
These Terms and Conditions regulate the relationship between BLUEATMOSPHERE LLC and the User and/or Advertiser and replace any other prior agreement and/or contract, whether written or verbal, entered into between them concerning the use of and navigation on the Website, including the purchase of products published in it.
Any query, doubt or comment regarding these Terms and Conditions will be communicated by the User to BLUEATMOSPHERE LLC via email assistance@blueatmosphere.com
Contact for advertisers info@blueatmosphere.com
B.- ACCEPTANCE OF THE TERMS AND CONDITIONS
The User and/or Advertiser, when accessing the Website, does so under their full responsibility and fully and unreservedly accepts the content of the terms and conditions of use of the Website.
If you do not agree with them, the User and/or Advertiser will leave the Website immediately.
C.- MODIFICATION OF THE TERMS AND CONDITIONS
BLUEATMOSPHERE LLC may modify (add, delete and/or vary), partially or totally, in any way and at any time, these Terms and Conditions when it deems it necessary at its discretion.
Any change to these Terms and Conditions will be notified to the User and/or Advertiser via email, directly through the Website, Twitter, Facebook, Instagram and/or any other written means, whether electronic or not.
It is the responsibility of the User and/or Advertiser to review and analyze any modification made to the Terms and Conditions.
If the User and/or Advertiser are not in agreement with the modifications to the Terms and Conditions, they will leave the Website immediately. The entry, navigation, download, registration and/or use, in any way, of the Website, by the User and/or Advertiser, after the modification(s) have been made, will mean the tacit acceptance by part of the User and/or Advertiser of the Terms and Conditions and their modification(s).
D.- AGE OF MAJORITY AND CAPACITY
The User and/or Advertiser, by accepting these Terms and Conditions, declares and confirms that they are of legal age in accordance with current laws and that they are capable and do not have any impediment and/or condition that affects their will and/or consent. . Any purchase made within the Website by a User who turns out to be a minor or incapable, will be understood as made by a person with the capacity to represent him, whether they are his parents, guardians and/or curators.
Any breach of what is established here will not be cause for the cancellation of the purchases made by said User on the Website. Said User will be responsible for indemnifying and keeping BLUEATMOSPHERE LLC harmless with respect to any process, action, claim and/or investigation arising from the User’s breach of his declaration of legal age and capacity.
E.- REGISTRATION
To browse the Website it is not necessary to register or create a user account; however, to make use of certain functions thereof, the User and/or Advertiser will be required to register and create a user account.
Once the registration has been made, to guarantee the good and adequate use of the Website, the User must comply with the following:
- Provide and enter all requested data truthfully and completely.
- Keep your data updated, being responsible for any adverse result that may arise from not doing so.
- Be responsible for any activity that takes place under your registration
- Keep your password confidential and be responsible for it. BLUEATMOSPHERE LLC will never ask a User and/or Advertiser for their password, except for the User and/or Advertiser to enter their account.
- Not to sell, rent, pledge or in any other way transfer, temporarily or permanently, the ownership of your User and/or Advertiser account without the prior written consent of BLUEATMOSPHERE LLC
- Do not use offensive, profanity and/or vulgar words when creating your user account. Additionally, the User and/or Advertiser undertakes not to include in their username any name or word that is protected by Intellectual Property rights, unless they are the owners of said rights.
- Do not abuse, harass, threaten or intimidate other users and/or the Website Advertiser either through chats, forums, blogs or any other participation space.
- Do not use the Website as a means to carry out illegal or unauthorized activities in the country.
- Be solely responsible for your conduct and for the content of texts, graphics, photos, videos or any other type of information that you use or include on the Website.
- Refrain from sending unwanted email (SPAM) to other users of this Website, as well as transmitting viruses or any code of a destructive nature.
BLUEATMOSPHERE LLC will not be responsible for the breach by the User and/or Advertiser of the above rules, and the User and/or Advertiser will hold BLUEATMOSPHERE LLC harmless for any reason in case of violation of the same. In addition, BLUEATMOSPHERE LLC reserves the right to take the actions it deems pertinent against said User and/or Advertiser in order to claim for the damages arising from such breach.
In said registration, data such as name and surname will be requested; email; date of birth; physical address; telephone and cell number; and password. To make use of the purchase options for products published by BLUEATMOSPHERE LLC and/or the corresponding payment processor, they may request data on the User’s credit card.
BLUEATMOSPHERE LLC reserves the right to suspend the account of the User and/or Advertiser when BLUEATMOSPHERE LLC verifies, by any means, that the username subscribed by the User and/or Advertiser is contrary to the provisions of these Terms and Conditions. . The suspension of the User’s and/or Advertiser’s account will last until they change their username to one permitted in accordance with the Terms and Conditions.
The User and/or Advertiser is responsible for all activity carried out through their account. In the event that the User and/or Advertiser considers that their account has been used by an unauthorized third party, they will notify BLUEATMOSPHERE LLC as soon as they become aware of said act. BLUEATMOSPHERE LLC will not be responsible for any unauthorized use of the User and/or Advertiser account.
F.- CLOSURE OF ACCOUNT
The User and/or Advertiser shall have the right to close their account at any time and for any reason.
BLUEATMOSPHERE LLC reserves the right to close the account of any User and/or Advertiser who is suspected, at the discretion of BLUEATMOSPHERE LLC , of having contravened the provisions of the Terms and Conditions and/or the laws of the country of purchase.
G.- OFFER OF SERVICES
1. Electronic commerce through a web platform that manages publications of products and services in the world [1] .
Through this service the User:
- Choose the product or products you want to buy
- Once the product or products have been selected, you must press the purchase button that can direct you to the website with which www.blueatmosphere.com has a subscription contract to advertise your products or services.
- If the User is directed to another website for the purchase, this will be done under the terms and conditions of said website and that the User will be obliged to consult.
- If the product is sold directly through www.blueatmosphere.com without being linked to another website for payment, it will be directed to the platform [2] ……. to make the payment.
2. ADS
This is a service for manufacturers or distributors, to access this service offered by the Website, the Advertiser must communicate via email info@blueatmosphere.com[3]
………….
H. GENERAL CONDITIONS
BLUEATMOSPHERE LLC charges commission on the products or services offered.
The entered database of all Users or advertisers or potential buyers of products and services within the platform is the property of BLUEATMOSPHERE LLC and it is the only one authorized to send emails with platform information.
The information provided by the User or Advertiser on the platform is confidential and will in no case be shared with other Users or Advertisers.
The successful sale of the products or services offered are in no way the responsibility of BLUEATMOSPHERE LLC , what the platform offers is a visible space with targeted potential customers.
The description of the products, delivery times, inventories, guarantees are the responsibility of the advertiser, in no case of BLUEATMOSPHERE LLC
Prices, visits to see the product, coordination, and all actions prior to, during and after the sale are the responsibility of the User or advertiser and final buyer.
The delivery conditions and guarantees will be those established by the advertiser or those established in the terms and conditions of the websites to which www.blueatmosphere.com is linked.
BLUEATMOSPHERE LLC reserves the right to charge for the delivery service of the products in accordance with the current rates for said service, which will be informed at the time of purchase and will be accepted by the User when making the payment. The transport of the product to be delivered is done through a third party that is not part of BLUEATMOSPHERE LLC , which is why BLUEATMOSPHERE LLC is not responsible for loss or damage in shipment.
BLUEATMOSPHERE LLC will deliver to the address registered for shipping, if the USER changes address after accepting the purchase, BLUEATMOSPHERE LLC reserves the right to charge the additional cost incurred by the company for having made said change.
BLUEATMOSPHERE LLC reserves the right to cancel your order in the following cases:
- When the delivery address is a freight or shipping agent
- When a purchase of large quantities is made, different from the usual ones sent to the address registered by the User
- When the purchase is unusually large
If at the time of delivery, it is rejected or not received for any reason, the responsibility for loss or damage to the product will be the responsibility of the User and the User will bear the additional costs that are caused by the rejection or non-delivery of the product. such as storage and new delivery.
BLUEATMOSPHERE LLC does not guarantee that the products offered through the Website are original and that they meet the specifications announced on the portal.
The User who chooses to buy one or several products published on the Website, must comply with the payment of the value of the same (s) to the Advertiser, either by direct sale on the same website or on any other that with which have a BLUEATMOSPHERE LLC subscription agreement , acknowledging that you are entering into a valid legal contract with the advertiser and NOT with BLUEATMOSPHERE LLC as governed by these Terms and Conditions.
The User acknowledges that he has fully read the description of the product on the Website before purchasing it and that he accepts its condition and specifications at the time of doing so.
BLUEATMOSPHERE LLC reserves the right to modify the price and the specifications and descriptions of the products published on its Website at any time and without prior notice. Likewise, BLUEATMOSPHERE LLC reserves the right to eliminate a publication or not offer the service to a specific User. These discretionary acts of BLUEATMOSPHERE LLC will not generate any liability for BLUEATMOSPHERE LLC.
The User acknowledges and accepts that the images of the products published on the Website may show the products differently from their physical version due to the configuration of the equipment used to display the Website, including brightness, contrast, resolution or quality. This will not be cause for the cancellation of the purchase of a product.
The purchase of products published on the Website for the purpose of commercial resale and/or distribution is prohibited. For such purchases, please contact the email info@blueatmosphere.com where you can make the request and it will be BLUEATMOSPHERE LLC who will contact the advertiser to authorize this type of purchase. In the event that this situation arises without the prior authorization of the advertiser, BLUEATMOSPHERE LLC will not be responsible.
The User acknowledges and accepts that the purchases made on the Website will generate those taxes established by the legislation of the country where the purchase is made, being the User’s obligation to pay them.
I.- ANTI-FRAUD VERIFICATION
The customer’s purchase may be deferred for anti-fraud check. It can also be suspended for a longer time for a more rigorous investigation, to prevent fraudulent transactions.
J.- LIMITATION OF LIABILITY
In case of any controversy, demand, action, process, complaint and/or claim of any kind against BLUEATMOSPHERE LLC ., its subsidiaries and/or affiliates, employees, shareholders, insurers and/or lawyers that arises or may arise from the purchase of products on its Website, the alleged liability will always be limited to the price of the product actually paid by the User.
Before making a purchase or sale of any security or investment, we advise you to consult with your broker or other financial advisor to verify prices and other information. BLUEATMOSPHERE LLC has NO responsibility for investment decisions based on, or results obtained from, the content provided on the Website is not a registered stockbroker or investment consultant and does not give investment advice or recommend one product over another. .
Without limiting the foregoing in this section, BLUEATMOSPHERE LLC and its affiliates, suppliers and licensors make no warranties or representations with respect to any products or services ordered or provided via the Website, and hereby disclaim, and The User waives any and all warranties and representations made in literature on products or services, frequently asked questions in documents and otherwise on the website or in correspondence with BLUEATMOSPHERE LLC or its agents. Any product or service ordered or provided via the website is provided by BLUEATMOSPHERE LLC, “as is”, except to the extent, if any, that it is otherwise stated in writing, in a license or sale agreement executed separately between the User and BLUEATMOSPHERE LLC, or its supplier or the person who grants the license.
K.- INTELLECTUAL PROPERTY
The brand, design, logo, name and source code contained on the Website are the property of BLUEATMOSPHERE LLC, which holds the rights to the brand.
No User may use the BLUEATMOSPHERE LLC brand without the prior express written authorization of BLUEATMOSPHERE LLC.
The acceptance of these Terms and Conditions and/or the use of the website do not imply the tacit and/or express transfer or assignment of the BLUEATMOSPHERE LLC brand and/or the other brands contained in the website.
- COPYRIGHT AGENT. We respect the intellectual property rights of others and require that people who use the Website, or the services or items made available to them on or through the Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to BLUEATMOSPHERE LLC’s Copyright Agent, named below:
Your address, telephone number and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the allegedly infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; Y
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent: ———————–
BLUEATMOSPHERE LLC
Voice: +1 7868248427
E-mail: info@blueatmosphere.com
M.- WAIVER OF LIABILITY
BLUEATMOSPHERE LLC is not responsible for any problem or damage that telephone lines, computers, equipment, servers, Internet services, software, emails and/or any User or third party may suffer in relation to the use, in any way, of the Site. Web.
BLUEATMOSPHERE LLC does not guarantee continuous access to the Website or its proper functioning.
The User expressly acknowledges and accepts that, since BLUEATMOSPHERE LLC is an Internet business, various external factors affect and are beyond the control of BLUEATMOSPHERE LLC, it is not responsible for any eventuality and/or negative consequence that arises from browsing and/or using any form of the Website.
BLUEATMOSPHERE LLC is not responsible for any loss of money or real or alleged damage to the reputation of any User and/or third party who uses or does not use the Website.
N.- THIRD-PARTY WEBSITES
The User may link (link) the Website to third party websites and third parties may link to the Website (“Linked Sites”). The User acknowledges and agrees that BLUEATMOSPHERE LLC has no responsibility for the information, content, products, services, advertisements, codes or other materials that may or may not be provided by or through the Linked Sites, even if they are property of or are run by affiliates of BLUEATMOSPHERE LLC. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertisements, code or other materials presented on or through such websites. The inclusion of any link to such sites on our Site does not imply the endorsement, sponsorship or recommendation of that site by BLUEATMOSPHERE LLC, who disclaims any liability for links (1) from another website to this Website and (2) to another website of this Website. BLUEATMOSPHERE LLC cannot guarantee the standards of any website to which links are provided on this Website, nor will BLUEATMOSPHERE LLC be responsible for the contents of such sites, or any subsequent links. BLUEATMOSPHERE LLC does not represent or warrant that the contents of any third party website are accurate, that they comply with state or federal law, or that they comply with copyright or other intellectual property laws. BLUEATMOSPHERE LLC is also not responsible for any form of transmission received from any linked website. Any reliance placed on the contents of a third party website is done at your own risk and you assume all liability and consequences resulting from such reliance.
O.- HEADINGS
The legends that appear in the respective headings of the clauses of these Terms and Conditions have been inserted for the convenience and easy reference of the reader and they will not have any relevance in the interpretation of the content of the aforementioned clauses.
Q.- EFFECT OF ALLOWING BREACHES
The fact that BLUEATMOSPHERE LLC allows, one or several times, that a User fails to comply with its obligations or fulfills them imperfectly or in a manner different from that agreed or does not insist on the exact fulfillment of such obligations or does not timely exercise the contractual or legal rights that correspond to it, it will not be considered or equivalent to a modification of these Terms and Conditions, nor will it prevent in any case so that BLUEATMOSPHERE LLC, in the future, insists on the faithful and specific fulfillment of the obligations that are in charge of the User or exercises the conventional or legal rights of which it is the owner.
Each User must report any violation of the Conditions of Use of the Website by other Users, of which they are aware, for which they will send an email to assistance@blueatmosphere.com so that BLUEATMOSPHERE LLC takes the measures that are available to you regarding the Website.
Q.- EFFECTS OF NULL STIPULATION
It is agreed that, if any of the stipulations of these Terms and Conditions are null according to the laws of the country, such nullity will not invalidate them in their entirety, but rather they will be interpreted as if they did not include the null stipulation or stipulations, and the rights and obligations of BLUEATMOSPHERE LLC and the User will be interpreted and observed in the manner in which the law proceeds.
R.- APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms and Conditions are governed by and will be interpreted in accordance with the laws of Peru. BLUEATMOSPHERE LLC makes no representations that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This service is for direct purchases or through other sites to which they are linked.
Indicate the platform you use for payments
This would be for manufacturers or distributors
Here they must put what they commit to, such as advertising and promoting the products, directing their products to a specific public or potential buyers, for how long, what characteristics do the publications have, size of the photos, how many photos, etc, these are examples