Terms and Conditions, Savese Store, Draft Systems

Terms and Conditions of savesestore.com

These Terms govern

the use of this Application and
any other Agreement or legal relationship with the Owner

in a binding manner. Expressions with initial capital letters are defined in the relevant section of this document.

Users are kindly requested to carefully read this document. This Application is a service provided by:
Savese Srl Via Savona, 9/A, 10040 Rivalta di Torino (TO) IT Owner email address: customercare@savesestore.com

Key points at a glance

Please note that certain provisions of these Terms may only apply 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. In the absence of mention, the clauses apply to all Users.

Conditions of Use

Unless otherwise specified, the conditions of use of this Application set out in this section have general validity.
Additional terms of use or access applicable in particular situations are expressly indicated in this document.
By using this Application, the User declares to meet the following requirements:

There are no restrictions on Users as to whether they are Consumers or Professional Users

Content on this Application

Unless otherwise specified or clearly recognizable, all content available on this Application 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 Application does not violate applicable law or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to legally enforceable rights and claims, Users are requested to address the relevant complaints to the contacts specified in this document.

Rights on the content of this Application

The Owner holds and expressly reserves all intellectual property rights to the aforementioned content.
Users are not authorized to use the content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without exclusion, 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 Application, or allowing third parties to undertake such activities through their own user account or device, even without their knowledge.
Where expressly indicated on this Application, Users are allowed to download, copy, and/or share certain content available on this Application exclusively for personal and non-commercial purposes and provided that attribution of authorship of the work is respected as well as the indication of any other relevant circumstance required by the Owner.
Limitations and exclusions provided by copyright law remain in force.

Access to external resources

Through this Application, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and therefore is not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any rights on the content, are determined by the third parties themselves and governed by their respective terms and conditions or, in the absence thereof, by law.

Authorized Use

This Application and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.
It is solely the User's responsibility to ensure that the use of this Application and/or the Service does not violate the law, regulations, or third-party rights.
Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any reprehensible activity carried out through this Application or the Service to the competent authorities – e.g. the judicial or administrative authorities – whenever the User engages in or there is suspicion of engaging in:

violations of law, regulations, and/or the Terms;
infringements of third-party rights;
acts that may significantly prejudice the legitimate interests of the Owner;
offenses against the Owner or a third party.

Limitation of Liability and Indemnity

Australian Users
Limitation of Liability

No provision in 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 laws which cannot be excluded, limited, or modified (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 discretion of the Owner, to either the supplying of the services again or the payment of the cost of having them supplied again.

US Users

Disclaimer of Warranties

The Owner provides this Application "as is" and "as available." Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly disclaims all conditions, representations, and warranties of any kind — whether express, implied, statutory, or otherwise, including, 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, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.
Notwithstanding the foregoing, the Owner and its subsidiaries, affiliates, officers, agents, brand partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will be available at any particular time or location, uninterrupted or secure; 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 own risk, and the User will be solely responsible for any damage to the User's computer system or mobile device or loss of data resulting from such download or use of the Service by the User.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner will not be a party to or 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 web browser, device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising 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 gives Users specific legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions provided in this Agreement apply to the extent permitted by applicable law.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, agents, brand partners, suppliers, and employees be liable for

any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating 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 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 the Owner's secure servers and/or any personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for 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
defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner and its subsidiaries, affiliates, officers, agents, brand partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount exceeding the amount paid by the User to the Owner during the 12 months preceding the event giving rise to such liability, or for the duration of this Agreement between the Owner and the User, whichever is shorter.

This limitation of liability section applies irrespective of the basis of liability, whether in contract, tort, negligence, strict liability, or any other basis, 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, so the above limitations or exclusions may not apply to the User. These Terms give the User specific legal rights, and the User may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, or limitations of liability provided by these Terms do not apply beyond the extent permitted by applicable law.

Indemnification

The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, brand partners, suppliers, and employees from and against any claim or demand, damages, obligations, losses, liabilities, costs, or debt and expenses, including, without limitation, legal fees arising from

the User's use 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 by the User of any representation or warranty provided in these Terms;
the User's violation of any third-party right, including, but not limited to, any right of privacy or intellectual property right;
the User's violation of any law, rule, or regulation;
any content submitted from the User's account, including, but not limited to, misleading, false, or inaccurate information and including also if access is made by third parties with the User's personal username and password or other security measures, if any;
the User's willful misconduct; or
any other provision of law by the User or its affiliates, officers, agents, brand partners, suppliers, and employees, to the extent permitted by applicable law.

General Provisions

No Implicit Waiver

The failure to enforce any rights or claims arising from these Terms by the Owner does not constitute a waiver of such rights. No waiver may 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 purposes, system updates, or for any other modifications, providing adequate notice to Users.
To the extent permitted by law, the Owner reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner will endeavor to allow Users to extract their Personal Data and information in accordance with legal provisions.
Additionally, the Service may not be available due to reasons beyond the reasonable control of the Owner, such as force majeure events (e.g., strikes, infrastructure malfunctions, blackouts, etc.).

Service Resale

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

Privacy Policy

Information about the processing of Personal Data is contained in this Application's privacy policy.

Intellectual Property

Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs relating to this Application, are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.
All trademarks – whether registered or unregistered – and any other distinctive signs, trade names, service marks, illustrations, images, or logos appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In such case, the Owner will provide appropriate notice of the changes to Users.
The changes will affect 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 cease using the Service. Failure to accept the updated Terms may result in either party's ability to terminate the Agreement.
The previous applicable version continues to govern the relationship until the User's acceptance. This version can be requested from the Owner.
If required by applicable law, the Owner will specify the date on which the changes to the Terms will come into effect.

Assignment of Contract

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

Contact Information

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

Severability Clause

If any provision of these Terms is or becomes null or ineffective under applicable law, the nullity or ineffectiveness of such provision does not affect the validity and effectiveness of the remaining provisions, which remain valid and effective.

US Users

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

European Users

If any provision of these Terms is or becomes null, void, or ineffective, the parties will endeavor to amicably identify a valid and effective substitute provision for the null, void, or ineffective provision.
In the event of disagreement within the aforementioned terms, if permitted or required by applicable law, the null, void, or ineffective provision shall be replaced by the applicable legal provisions.
However, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions within the framework of 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 be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.

Applicable Law

The 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 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 for a higher level of consumer protection, such higher level of protection shall prevail.

Competent Court

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