Terms and Conditions of Service
Grow up network srl, with registered office in Via dei Valtorta 45, 20127 Milan, registered with the Milan Companies Register, Tax Code/VAT no. 09970930963 (hereinafter, “GUN”), is the owner and operator of this website (hereinafter, the “Site”), accessible, among others, at https://pastrychefmasterclass.com.
Access to the Site and any use of the information contained therein are subject to the following general terms of use (hereinafter, the “Terms of Use”). If the user does not agree with the Terms of Use, they must refrain from any further use of the Site.
Mere access to the Site, use of the Customer Service, communication with GUN, the possibility of downloading information on products and purchasing them through the relevant section of the Site implies that the user has accepted and continues to accept, without limitation or condition, the Terms of Use.
GUN reserves the right to modify the Terms of Use of the Site at any time and without prior notice. Mere access to the Site by the user will be deemed unconditional acceptance of the amendments and revisions to the Terms of Use. Users are therefore invited to regularly check the currently applicable text. GUN reserves the right to require users who do not accept or do not intend to comply with such terms to refrain from using the Site.
Access to the Site and related services is intended solely for personal use, not connected to any commercial, entrepreneurial or professional activity. Viewing the Site provides users with information on the products and digital services offered, together with the possibility to purchase access to online video courses and related digital content. GUN prohibits the use of the Site for any purpose other than those indicated above.
UNAUTHORISED ACCESS AND USE OF THE SITE
Users of the Site are authorised to consult only the documents listed in the Site’s menus. Any unauthorised attempt to bypass or overcome Site protections, to use the operating systems that run or are connected to the Site for purposes other than those for which they are intended, or to hinder their use by authorised users is prohibited; so is accessing, obtaining, destroying, altering or damaging any information contained therein or interfering with such systems in any way.
Any such conduct/action will be promptly reported to the competent authorities and pursued in all appropriate civil and criminal venues under applicable laws and international conventions.
OWNERSHIP – COPYRIGHT & TRADEMARK
The images and content contained on the Site are the property of GUN. Any use of such images or content, not authorised by prior written consent of GUN, will be prosecuted under applicable law.
This Site as a whole, and all material contained on it, is protected by copyright and other intellectual property rights. The user may therefore view, print and copy the contents of this Site (including, by way of example only, texts, images, sales conditions, etc.) exclusively for personal, non-commercial purposes.
Except as provided herein, it is not permitted to use, modify, print, display, reproduce, distribute or publish the information contained on this Site without GUN’s prior written consent as specified above.
This Site may also contain material protected by third-party intellectual property rights; in such cases, the permitted uses must be checked with the owners or licensees of those rights, as identified from time to time on the Site.
In case of breach by the user of the obligations set out herein, the user shall indemnify and hold harmless GUN from any consequences arising from such breach.
LINKS AND CONTRIBUTIONS
This Site may contain links to other websites (hereinafter, the “Links”). GUN does not control or monitor such websites or their contents. GUN cannot be held responsible for the content of these websites or for the rules they apply, including in relation to the processing of the user’s personal data during browsing. GUN therefore declines any liability regarding the contents and materials available on such websites or otherwise obtainable through them.
Any Links to other sites, as well as any reference to information from third-party sources, may in no way be considered as an express or implicit endorsement by GUN. Questions and/or comments regarding the sites referred to by Links must be addressed exclusively to the administrators of those sites. GUN reserves the right, at its sole discretion, to object to the activation of Links directed to its Site.
The activation of deep hypertext links (such as deep frames or deep links) to the Site, or the unauthorised use of meta-tags, is in any case prohibited without GUN’s prior written consent.
All contributions or materials sent to GUN through the Site, including questions, comments, suggestions and the like relating to the Site content (hereinafter, the “Contributions”) will be considered non-confidential. In particular, GUN will have no obligation of any kind in relation to such Contributions and may freely copy, use, disclose to third parties, display, modify, create derivative works from and/or publish the Contributions without any limitation or compensation.
In addition, GUN reserves the right to use, without the obligation to recognise any fee and/or compensation, any ideas, concepts, know-how or techniques contained in the Contributions for any purpose, including, for example, the production and/or marketing of products or services incorporating such Contributions.
Sending any material, project or idea to the Site entails the sender’s full responsibility regarding the content and lawfulness of the Contributions and obliges them to keep GUN, its employees and directors harmless and indemnified from any damage, cost or loss suffered by them, as well as from any compensation claim made against GUN, its employees and directors, for any reason whatsoever connected to the sending of Contributions to this Site.
The user is responsible for the safekeeping and proper use of their personal information, including the credentials that allow access to reserved services, as well as for any harmful consequence or prejudice that may arise against GUN or third parties due to improper use, loss or theft of such information.
DISCLAIMER OF WARRANTIES
GUN makes the Site available to users without providing any warranty as to its continuity or its contents. In particular, GUN does not give any express or implied warranty regarding the Site and its contents, including with reference to the ownership of the information contained therein, the absence of potentially harmful programs (such as viruses, trojan horses, etc.) and the suitability of the contents for specific purposes or commercial uses.
GUN does not guarantee in any way that the information contained on the Site is accurate, complete or up to date, nor that the Site is free of defects or that any defects will be corrected.
GUN shall not be liable for any direct, indirect, special or general damages of any kind, regardless of whether GUN was or could have been aware of the possibility that such damages might occur, in relation to the use of the Site.
The material contained on the Site may include inaccurate information and typographical errors. GUN declines any liability for any loss or damage caused by or connected to reliance placed by users on the information contained on the Site. It is therefore the user’s responsibility to independently evaluate the accuracy of the information published on the Site.
LIABILITY
GUN shall not be liable in any way, whether in contract or tort, for any direct or indirect, actual or potential, specific or general damage resulting from the use, non-use and/or performance of any product, information or content present on the Site (whether or not GUN was aware of the possibility of such damage).
By accessing the Site, the user undertakes to indemnify, hold harmless and defend GUN, its subsidiaries and affiliates, its employees, directors and shareholders from any third-party claim, damage, loss, cost or expense (including reasonable legal and judicial fees) arising from or related to the user’s use of the Site.
PRODUCTS AND DIGITAL SERVICES
GUN declines any liability regarding the possibility that, due to a particular configuration or malfunction of the user’s device, the appearance of images, layouts or previews of the products and digital content displayed on the Site may differ slightly from their actual appearance.
The products and services represented on this Site are indicative of GUN’s offer. The Site does not necessarily contain all GUN products or services, and not all items shown on the Site are or will necessarily be available for sale. GUN reserves the right to modify, without prior notice, the style, structure and content of its products and services.
The information published by GUN in general may include references to products, initiatives and services that may not be available or announced in the user’s country. Such references do not imply the intention of GUN to announce such products, initiatives and services in the user’s country.
The Site allows users, through a dedicated section, to purchase online:
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access to the “Pastrychef Masterclass” online video course, and
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any related digital materials (e.g. PDFs, recipe sheets, workbooks, additional videos).
No physical products are shipped. All products offered for sale via the Site are digital-only. Access is provided online (via user account and/or email) and not by physical delivery.
Each purchase is subject to these general conditions of sale, which can be consulted in the dedicated section. The data provided will be processed in compliance with the applicable privacy legislation. Users are invited to read the dedicated section: Privacy Policy.
For more information you can contact: [email protected]
APPLICABLE LAW
These Terms of Use are governed by Italian law.
GENERAL PROVISIONS
If one or more provisions of these Terms of Use are found to be null, void, unlawful or ineffective, this will not entail the total invalidity of the Terms of Use. The provision in question will be replaced by a valid provision that takes adequate account of the intention and content of the original provision, in accordance with applicable law.
GENERAL CONDITIONS OF SALE
1. Introduction
The sale of products and services under the brands “Grow Up Network” and “Pastrychef Masterclass”, concluded remotely through the website pastrychefmasterclass.com (hereinafter also the “Site”), is governed by the following general conditions of sale (hereinafter, the “General Conditions of Sale”).
The products and services offered on the Site are sold by Grow Up Network S.r.l., an Italian company with registered office at Via dei Valtorta 45 – 20127 Milan (MI) – Italy, VAT no. 08164300967 (hereinafter, “GUN”).
GUN, in order to respond to the needs and expectations of its customers, has set up an online sales channel through the Site, offering a selection of products and services under the brands “GUN”, “Grow Up Network” and “Pastrychef Masterclass”, in particular online educational content, video masterclasses and related digital materials.
The list of products and services offered for distance sale is available on the Site. These General Conditions are available in Italian and English. In case of uncertainty in the interpretation of these General Conditions of Sale, the Italian version shall prevail.
2. Use of the Service
2.1. The use of the distance selling service described in these General Conditions of Sale is reserved exclusively for consumers (hereinafter, individually, the “Client” or, collectively, the “Clients”), understood, in accordance with Legislative Decree no. 206 of 6 September 2005, as amended (“Consumer Code”), as natural persons who “act for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, if any”.
The service is reserved for Clients of legal age (or, if minors, authorised by their legal representative).
The purchase of the products and digital services offered on the Site may be made exclusively in those cases where the service is legally accessible and usable in the Client’s country of residence and local law does not prohibit such purchase.
2.2. These General Conditions of Sale are published on the Site in order to allow their knowledge and storage and reproduction by the Client, pursuant to Article 12, paragraph 3, of Legislative Decree no. 70 of 9 April 2003 (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market”). A copy of the General Conditions of Sale will in any case be sent by GUN to the Client by e-mail, pursuant to paragraph 3.8 below.
3. Purchase
3.1. Each product or service selected can be viewed through a specific hyperlink (the “link”) that allows the user to see images, a description of the course or digital service, its main characteristics and the unit price.
3.2. Each sale is carried out by GUN through the Site. GUN reserves the right to modify at any time the limits to the quantities and/or types of products and services that can be purchased through the Site. The information relating to the products and services offered for sale via the Site is provided in compliance with applicable law and, in particular, Articles 49 and 51 of the Consumer Code, as amended by Legislative Decree no. 21 of 21 February 2014.
3.3. The Client selects the items of interest. The description of the products/services offered, together with one or more digital images or previews that allow a correct representation, will be included in the Client’s shopping cart.
3.4. Although GUN constantly adopts measures aimed at ensuring that the images shown on the Site are faithful reproductions of the original content (e.g. course previews, cover images), some variations may occur due to the technical characteristics and colour resolution of the client’s device. Consequently, GUN shall not be liable for any inadequacy of the graphic representations of products and digital services shown on the Site due to these technical reasons.
3.5. To display the selected items and the total order price, the Client must click on the “Shopping Bag” icon. The Client is asked to verify the accuracy of the contents of the shopping cart before confirming the order, by completing the purchase form according to the instructions provided on the relevant page of the Site and confirming that they have read and accepted these General Conditions of Sale.
3.6. Should the Client need to make changes (for example to the selected item or the number of items) or correct any errors in the order, they must follow the instructions provided on the Site.
3.7. Once confirmed, the order is sent directly to GUN. The purchase order will be stored in GUN’s order management system at the service provider Shopify International Ltd., in a data centre located in Ireland. The Client may check the status of their order as provided in Article 8.3 below (if applicable).
3.8. At the end of the purchase procedure, the Client is advised to download, save or print the General Conditions of Sale in force at the time the order is completed. The Client will also receive an e-mail message, at the address indicated in the purchase form, as written confirmation of the product/service ordered, the total price, the method of payment or any amount already paid by the Client, and information on any support services.
3.9. GUN reserves the right to refuse orders placed by a Client with whom a legal dispute is pending in relation to a previous order; in such case, no order shall be deemed accepted by GUN and no contract shall be concluded between GUN and the Client. GUN also reserves the right to refuse orders placed by a Client deemed unsuitable, including, by way of example only, cases of previous violations of the General Conditions of Sale relating to the purchase of products via the Site, or where the Client intends to purchase products for purposes related to their own or others’ entrepreneurial or professional activity, or does not act on the basis of a genuine interest in the purchase, or abuses the withdrawal rights provided by applicable law, or for any other legitimate reason, especially in the event of involvement in fraudulent activities of any kind.
In such cases, the purchase order sent by the Client shall be deemed to have no validity or effect. GUN will send the Client an e-mail communication stating that the order has not been accepted and that the contract has not been concluded and will cancel any charge and/or expense to the Client.
3.10. The resale, rental or transfer for any commercial or professional purpose of products and services purchased on the Site is expressly prohibited.
3.11. Without prejudice to any use of data for purposes other than the purchase described in the Privacy Policy, and subject to the Client’s prior express consent where necessary, the purchase order form and the Client’s data relating to the order will be kept by GUN for the period of time required by applicable law.
4. Availability
4.1. The Client acknowledges that the availability of the products and services offered by GUN through the Site (including the Pastrychef Masterclass course) may be limited in time or in quantity (for example, during promotional periods or limited editions). Availability can be checked at any time before completing the order.
4.2. The purchase procedure must be completed in full; otherwise, the contents of the cart will be deleted at the end of each purchase session.
4.3. Occasionally, inconveniences may occur regarding availability (e.g. temporary closure of enrolments, maintenance, or capacity limits). In such cases, GUN will promptly inform the Client and, if the order cannot be processed, no charge will be made. If any charge has already been made, the Client will be refunded.
4.4. GUN reserves the right to change the products and services offered on the Site at any time and without notice.
5. Conclusion of the Order
5.1. The purchase procedure is concluded when the Client selects the “Pay now” (or equivalent) option in the checkout section. Once confirmed, the order is sent to GUN for processing and can no longer be modified or cancelled by the Client, except in the cases expressly provided for in these General Conditions of Sale or by applicable Italian law.
The order issued by the Client will be considered binding for GUN only if the entire purchase procedure has been completed properly and correctly, without any error messages from the Site. The contract between GUN and the Client is deemed concluded when the Client receives confirmation from GUN that the purchase order – sent in accordance with the purchase procedure – has been successfully received and the payment has been authorised.
5.2. The order confirmation constitutes proof of the Client’s acceptance of these General Conditions of Sale.
5.3. The data recorded on the Site constitute full proof of the details relating to the transactions between GUN and the Client. In the event of a dispute between GUN and the Client regarding a transaction concluded through the Site, the data recorded by GUN shall be considered full proof of the transaction.
6. Price and Method of Payment
6.1. The prices of all products and services offered for sale on the Site are inclusive of VAT, where applicable.
6.2. These prices are initially indicated in the currency corresponding to the Client’s location during the purchase phase, without prejudice to the Client’s possibility to change the currency, among those available, according to their preferences. The applicable exchange rate at the time of purchase will be calculated automatically by the system.
6.3. The total amount shown during the purchase process is the final price to be paid by the Client. There are no shipping costs, customs duties or physical delivery charges, as all products are digital and are provided online only.
6.4. GUN reserves the right to change the prices of the products and services offered for sale on the Site at any time and without notice. The Client will be charged the prices published on the Site at the time of order confirmation, subject to the availability of the products/services ordered.
6.5. GUN accepts payments by credit card, debit card and PayPal. The transaction will be charged to the Client’s card only after:
(i) the card data has been verified;
(ii) the card issuer has authorised the charge; and
(iii) the order has been confirmed by GUN.
No charge will be made at the time the purchase order is submitted, except for any temporary authorisation check by the card issuer.
For payment purposes, the Client confirms and warrants that they are the holder of the card used for the purchase and that the name indicated on the card is their own. The Client then provides the card number, expiry date and security code.
If, for any reason, it is not possible to debit the amounts due by the Client, the sale process will be automatically cancelled and the sale automatically nullified.
6.6. Since all products offered are digital, no shipping, no customs clearance and no physical delivery will take place. All access credentials and/or instructions to access the Pastrychef Masterclass will be provided online (e.g. via e-mail and/or user account on the Site).
7. Delivery and Access to Digital Content
7.1. The products sold on the Site are digital products and services (online video course and related digital content). No physical items are shipped. Therefore, no delivery address or shipping methods are required.
7.2. In accordance with Article 61 of the Consumer Code, GUN will provide access to the purchased digital content (for example, access to the Pastrychef Masterclass course area) within a reasonable time after conclusion of the contract and, in any case, as soon as payment has been successfully processed.
7.3. When the order is completed and payment is confirmed, GUN (directly or through the platform provider) will send an e-mail to the Client with:
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confirmation of the order;
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instructions to access the digital content (e.g. course area login, password creation, links, etc.).
Client support will be available for any technical issues regarding access, at: [email protected].
7.4. The risk of loss of access credentials (e.g. password, login details, private links) shall be borne by the Client. GUN shall not be liable for any unauthorised use of such credentials due to the Client’s negligence or failure to safeguard them.
8. Conformity of the Digital Service
8.1. At the time of first access, the Client should check that they can access the purchased digital content and that no technical issues prevent normal use.
8.2. In addition to any specific guarantees provided with the digital product, the legal guarantees under the Consumer Code concerning digital content and digital services apply to the sale of GUN products (including Pastrychef Masterclass).
8.3. If the digital content or service is not in conformity (for example, persistent technical errors that prevent access), the Client will be entitled to have the service restored to conformity, without charge, within a reasonable period and without significant inconvenience, by contacting GUN at [email protected]. Where the legal conditions are met, the Client may request a price reduction or termination of the contract, without prejudice to any mandatory rights provided by law.
9. Returns, Refunds and Withdrawal (Right of Cancellation)
9.1. Digital Content – No Right of Withdrawal After Access
The products offered via the Site (including the Pastrychef Masterclass online course) are digital content supplied by electronic means, not provided on a tangible medium.
By placing an order and expressly requesting immediate access to the digital content (e.g. by clicking “Pay now” and subsequently logging into the course area), the Client acknowledges that:
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the performance of the contract begins immediately;
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the digital content is made available right away; and
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they expressly consent to the immediate performance of the contract and accept that they lose their statutory right of withdrawal, where applicable, once access to the digital content has begun, pursuant to Article 59 of the Consumer Code and any corresponding mandatory rules.
9.2. No Refund Policy for the Video Course
Because the Pastrychef Masterclass is a video course and digital content that cannot be “returned” in the same way as a physical product, and because access is granted immediately after purchase:
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GUN does not provide refunds, cancellations or returns once access to the course or digital content has been granted, except where mandatory consumer protection laws require otherwise.
By completing the purchase, the Client explicitly acknowledges and accepts that:
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there are no physical products to be shipped or returned;
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access to the online course and digital materials is considered “consumed” once provided;
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any right of withdrawal that might otherwise apply to distance sales does not apply once the Client has accessed the digital content, to the maximum extent permitted by applicable law.
If local mandatory laws grant the Client additional non-waivable rights, those rights remain unaffected.
10. Limitation of Liability
10.1. GUN shall not be liable to the Client for any indirect or consequential damages arising from the purchase or use of products and services offered for sale on the Site, including loss of profit, business interruption, or loss of data, to the maximum extent permitted by law.
11. Authenticity and Intellectual Property
11.1. GUN guarantees the authenticity and high quality of all products and services offered for sale on the Site.
11.2. The trademarks “GUN”, “Grow Up Network” and “Pastrychef Masterclass”, as well as all figurative and non-figurative marks and, more generally, all other trademarks, illustrations, images and logos present on GUN products and digital services, their accessories and/or packaging, whether registered or not, are and remain the exclusive property of GUN, with registered office at Via dei Valtorta 45, 20127, Milan, Italy.
Total or partial reproduction, modification, tampering or use of such trademarks, illustrations, images and logos, for any reason and on any medium, without the prior express consent of GUN, is strictly prohibited.
12. Disputes
12.1. These General Conditions of Sale are governed by Italian law and shall be interpreted in accordance with it, including the Consumer Code, with particular reference to Part III, Title III, Chapter I of the Consumer Code, as amended by Legislative Decree 21/2014, as well as Legislative Decree no. 70 of 9 April 2003 (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce”), without prejudice to any overriding mandatory provisions of the Client’s country of habitual residence.
12.2. In the event of a dispute arising from the interpretation and/or application of these General Conditions of Sale, the competent court shall be the court of the Client’s place of domicile or residence, if located in Italy, or, at the Client’s choice and in the event of action brought by the Client, the Court of Milan.
13. Amendments
13.1. GUN reserves the right to make changes and/or additions to these General Conditions of Sale at any time. Such changes and/or additions shall be effective only in relation to purchase orders placed after the date of the change and/or addition.
The removal of these General Conditions of Sale from the Site implies their automatic and irrevocable inapplicability, ineffectiveness and unenforceability against GUN in relation to purchases made after their removal from the Site, even if they remain accessible through other websites or archives.
14. Contacts
14.1. For any complaint, additional information or assistance regarding the Site or the purchase procedure and, in general, for any request for information and/or clarification regarding these General Conditions of Sale, Clients may send an e-mail to: [email protected].