Terms of service

Terms and Conditions of www.fabbricadelgrano.it/ These Terms govern

the use of this Website and any other Agreement or legal relationship with the Owner in a binding manner. Expressions with a capital initial are defined in the relevant section of this document.

The User is kindly asked to carefully read this document.

The entity responsible for this Website is:

SOLE SRL VIA A. VOLTA, 6 20121 Milan

Owner’s email address: info@fabbricadelgrano.it

At a glance Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may only apply to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each clause concerned. In the absence of mention, the clauses apply to all Users. TERMS OF USE Unless otherwise specified, the terms of use of this Website set out in this section are generally valid.

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

By using this Website, the User declares to meet the following requirements:

There are no restrictions on Users as to whether they are Consumers or Professional Users; Contents 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 violate applicable laws or rights of third parties. However, it is not always possible to achieve this result. In such cases, without prejudice to the rights and claims legally enforceable, Users are kindly asked to address the relevant complaints to the contacts specified in this document.

Rights on the contents of this Website The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sub-licenses, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, allowing third parties to undertake such activities through their own User account or device, even unknowingly.

Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance required by the Owner.

The limitations and exclusions provided for by copyright law remain unaffected.

Access to external resources

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

The conditions applicable to the resources provided by third parties, including those applicable to any grants of rights on content, are determined by the same third parties and governed by the relevant terms and conditions or, in their absence, by law.

Permitted use This Website and the Service can only be used for the purposes for which they are offered, according to these Terms and under applicable law.

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

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any objectionable activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authority - whenever the User carries out or there is suspicion that it carries out:

violations of law, regulations and/or the Terms; infringement of third party rights; acts that may significantly prejudice the legitimate interests of the Owner; offenses to the Owner or a third party. Limitation of liability and indemnity Australian users Limitation of liability No provision of these Terms excludes, limits or modifies any warranty, condition, indemnity, right or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial legislation and that constitutes a right that cannot in any way be excluded, limited or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for the breach of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the discretion of the Owner, to a new provision of the services or the payment of the cost for the repetition of their provision.

USA users Exclusion of warranty The Owner provides this Website “as is” and according to availability. The use of the Service is at the User’s risk and peril. To the maximum extent permitted by law, the Owner expressly excludes the conditions, agreements and warranties of any kind - whether expressed, implied, statutory or otherwise, including, by way of example but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create warranties not expressly provided for in this document

Notwithstanding the above, the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; 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 the use of the Service is downloaded at the User’s risk and peril and the User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from such operation or from the use of the Service by the User. 

The Holder does not guarantee, approve, assure 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. Furthermore, the Holder does not participate nor in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or not work properly with the User’s browser, device and/or operating system. The Holder cannot be held responsible for any damage, whether perceived or actual, resulting from the content, operation or use of the Service.

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

Limitation of Liability To the maximum extent permitted by applicable law, in no event shall the Holder and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees be held liable for

any indirect, intentional, collateral, special, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising from or related to the use, or inability to use the Service; and any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or the User’s account or the information contained therein; any error, omission or inaccuracy in the content; personal injury or material damage, of any nature, resulting from the User’s access to or use of the Service; any unauthorized access to the Holder’s security servers and/or any personal information stored therein any interruption or cessation of transmissions to or from the Service; any bugs, viruses, trojans or the like that may be transmitted to or through the Service; any error or omission in any content or for any loss or damage suffered 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 Holder and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees be held liable for any claim for compensation, proceeding, liability, obligation, damage, loss or cost for an amount exceeding that paid by the User to the Holder during the previous 12 months, or for the duration of this Agreement between the Holder and the User, whichever is shorter. This section on limitation of liability 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 basis, even if the Holder had been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental and consequential damages, therefore the limitations or exclusions above may not apply to the User.

These Terms confer specific legal rights on the User and the User may enjoy other rights that vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability provided by these Terms do not apply beyond the limits provided by applicable law.

Indemnity The User undertakes to defend, indemnify and hold harmless the Holder and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, burden or debt and expense, including, without limitation, legal charges and expenses arising from

the use or access to the Service by the User, including any data or content transmitted or received by the User; the violation of these Terms by the User, including, by way of example but not limited to, any violations by the User of any statement or warranty provided by these Terms; the violation by the User of any third party rights, including, but not limited to, any privacy or intellectual property rights; the violation by the User of any current law, rule or regulation any content sent from the User’s account, including, by way of example but not limited to, misleading, false or inaccurate information and also including the case where access is made by third parties with the User’s personal username and password or other security measures, if any; the willful conduct of the User; or the violation of any legal provision by the User or his affiliates, officers, agents, co-brand owners, partners, suppliers and employees, within the limits permitted by applicable law Common provisions No implied waiver The failure to exercise legal rights or claims arising from these Terms by the Holder does not constitute a waiver of the same. No waiver can be considered definitive in relation to a specific right or any other right.

Interruption of the Service To ensure the best possible level of service, the Holder reserves the right to interrupt the Service for maintenance purposes, system updates or for any other modification, giving due notice to Users.

Within the limits of the law, the Holder reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Holder will endeavor to ensure that Users can extract their Personal Data and information in accordance with legal provisions.

In addition, the Service may not be available for reasons beyond the reasonable control of the Holder, such as force majeure events (e.g. strikes, infrastructure malfunctions, blackouts etc.).

Resale of the Service Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without prior written consent from the Holder, expressed directly or through a legitimate resale program.

Privacy policy Information on 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 the Terms, the intellectual and industrial property rights, such as copyright, trademarks, patents and models relating to this Website are held exclusively by the Holder or its licensors and are protected under the legislation and international treaties applicable to intellectual property.

Changes to the Terms The Holder reserves the right to modify the Terms at any time. In this case, the Holder will give appropriate notice of the changes to the Users.

The changes will have effects on the relationship with the User only for the future.

The continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, they must stop using the Service. Failure to accept the updated Terms may result in the right of each party to withdraw from the Agreement.

The previous applicable version continues to govern the relationship until the User’s acceptance. This version can be requested from the Holder.

If required by applicable law, the Holder will specify the date by which the changes to the Terms will take effect.

Assignment of the contract The Holder reserves the right to transfer, assign, dispose of, renew or subcontract individual or all rights and obligations under these Terms, having regard for the legitimate interests of the Users.

The provisions relating to the modification of these Terms apply.

The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Holder.

Contacts All communications relating to the use of this Website must be sent to the addresses indicated in this document.

Safeguard clause If any of the provisions of these Terms should be or become null or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause the ineffectiveness of the remaining provisions, which therefore remain valid and effective.

US Users Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and consistent with the original purpose. These Terms constitute the entire agreement between User and Holder with reference to the regulated subject matter and prevail over any other communication, including any previous agreements, between the parties regarding the regulated subject matter. These Terms will be implemented to the fullest extent permitted by law.

European Users If a provision of these Terms should be or become null, invalid or ineffective, the parties will endeavor to identify amicably a valid and effective provision substitute for the null, invalid or ineffective one. In the event of failure to agree on the above terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.

Notwithstanding the above, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would have been invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.

Applicable law The Terms are governed by the law of the place where the Holder is established, as indicated in the relevant section of this document regardless of conflict of laws rules.

Exception for European Consumers However, notwithstanding the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides a higher level of consumer protection, such higher level of protection prevails.

Competent forum The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the judge of the place where the Holder is established, as indicated in the relevant section of this document.

Exception for European Consumers

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