The following provisions (hereinafter "General Conditions") regulate the commercial relations between Fessuraitalia (hereinafter "Fessura") and the users of the e-shop www.Fessura.com (hereinafter "E-Shop") residing in Italy (hereinafter "User(s)") for the purchase and sale of products offered through the E-Shop (hereinafter "Products"). Any contractual conditions proposed by the User and in derogation of the following General Conditions shall not be applicable, unless Fessura has expressly accepted them in writing. The relevant provisions of Legislative Decree 206/2005, "Consumer Code," pursuant to Article 7 of Law No. 229 of July 29, 2003," hereinafter "Consumer Code" for brevity, shall also apply.
The description of the Products offered in the E-Shop is complete and exhaustive. Fessura shall in no event be liable for any differing descriptions of the Products rendered to the public by its employees or agents or by third-party retailers.
Fessura will endeavor to ensure that the E-Shop service is not interrupted in any way. Nevertheless, even acting with the utmost diligence, downtime cannot be ruled out. Fessura reserves the right to vary and suspend the service at any time.
Neither Fessura nor any third party guarantees the accuracy, completeness, or timeliness of the information and material contained on the website. The User acknowledges and accepts that the information and material contained in this website may contain inaccuracies and/or errors and, in this regard and to the extent permitted by applicable law, any liability of Fessura for such inaccuracies and/or errors is expressly excluded.
The User's use of the information contained on this website is the sole responsibility of the User and Fessura shall in no event be liable for the User's use of such information. In addition, the User has the burden of verifying that the services and products offered within the E-Shop are indeed in accordance with and appropriate to the User's needs, without any liability on the part of Fessura.
This website contains material that is owned by Fessura or that Fessura uses under a specific license. Such material includes, but is not limited to, the design, graphics and final appearance of the website and is protected by copyright and/or other intellectual property rights. Reproduction of the site is therefore prohibited.
Unauthorized use of this website may give rise to claims for damages and/or constitute a criminal offense.
This website may contain links to external websites. Such links are provided solely for the User's convenience in order to provide the User with additional information. Fessura assumes no responsibility regarding the content of external Internet sites linked to its own site www.Fessura.com through links. The mere inclusion of links does not imply recognition or approval by Fessura of the linked sites or their contents, for which the operators of the linked sites remain solely responsible.
CONCLUSION OF THE CONTRACT
The mere use of the E-Shop by the User is not sufficient for the conclusion of the contract between the User and Fessura and therefore does not give rise to any contractual or extra-contractual claims against Fessura. The User must register on the website to access the E-Shop, indicating a "username" and "password" ("Access Codes"). The registration of the User's data is for the sole purpose for Fessura to manage the purchase procedure and the related payment and does not constitute a final act of contact. A "username" and password must be provided in order to register correctly. It is forbidden for the User to enter false, and/or invented, and/or fictitious data in the registration procedure prior to the use of the E-Shop.
The User assumes the responsibility arising from any activity carried out, including by third parties, through the use of their Access Codes and is obliged to promptly notify Fessura of any violation or misappropriation of their Access Codes by third parties.
The display of Products in the E-Shop does not constitute a contractual proposal by Fessura, but merely an invitation to propose. The order submitted by the User, by clicking the button called "conclude order" within the "Proceed to Purchase"("Order") section constitutes a contractual proposal to purchase. Upon receipt of the Order by the User, Fessura will send a communication via e-mail to the address provided by the User, confirming receipt of the Order and specifying the details of the Order ("Order Receipt Confirmation"). Such Order Receipt Confirmation does not constitute acceptance of the User's Order, but is intended only to inform the User that Fessura has properly received the Order. The purchase and sale agreement between The User and Fessura is concluded only when Fessura informs The User by e-mail that the Order has been accepted and the Product has been shipped ("Shipping Confirmation").
EXERCISE OF THE RIGHT OF WITHDRAWAL
The User may unilaterally revoke the Order no later than 14 (fourteen) days from the date of receipt of the Product. Such revocation must be made by: a) written notice sent to Fessura by registered A/R letter within the aforementioned period, or alternatively b) written notice sent to Fessura by telegram, telex, fax or e-mail, within the aforementioned period, provided that both notice is then followed by a registered A/R letter of confirmation within the next 48 hours. In the event that the Product has already been delivered, the User must return it within the aforementioned deadline and at his or her own expense. These General Conditions do not exclude the User's obligation to preserve the Products after delivery and to return them undamaged. Notice of Withdrawal and/or the returned Product must be sent to:
Via Don Minzoni 19
63812 Montegranaro (FM)
CONSEQUENCES OF WITHDRAWAL
Where the right of withdrawal is validly exercised by the User, Fessura will reimburse the User for the price paid within 30 (thirty) days of withdrawal. The term shall run from the date of receipt of the notice of withdrawal. The Products must be returned by parcel post. If the Products are not returned, in whole or in part, or are returned damaged, Fessura is entitled to claim from the User the damages suffered.
PAYMENT METHODS, PRICES AND SHIPPING COSTS
The prices shown on the E-Shop are inclusive of VAT. The final price is the price shown on the E-Shop at the time the order is placed. The amount of VAT is specified separately on the accompanying invoice that is sent with the Product.
Shipping costs are borne by the User under the terms indicated in the E-Shop. The Product is delivered exclusively within the Italian territory and deliveries to a PO Box address are not possible. As highlighted in Section I of these General Conditions, the presentation of the Products in the E-Shop is aimed exclusively at Users residing in the territory of the Italian Republic who indicate a delivery address within that territory. Users residing outside the Italian territory, will have to access the E-Shop through the specific section reserved for the country of their residence.
Fessura has made reasonable efforts in order to be able to process an Order within 4 (four) working days from the receipt of the Order. The courier service operates Monday through Friday from 9:00 am to 5:00 pm. Fulfillment of Orders received on Saturdays, Sundays, or holidays shall commence on the next business day. Unless unforeseen events beyond Fessura's control, the Product is delivered to the User within 5 (five) days after delivery to the courier. This delivery period is indicative and not binding. Fessura assumes no liability for any prejudice resulting from delays in delivery. In case of non-delivery to the delivery address indicated by the User in the Order, a second delivery attempt will be made to the same address. If the courier fails to deliver the Product even at this second attempt, the Product will be placed in the courier's warehouse closest to the delivery address and a notice will be left for the User with the necessary directions for collection.
Payment for the Order must be made via the methods made available in the online store.
If you buy with Scalapay you will receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize this transfer.
RESERVATION OF OWNERSHIP
1. Until the price and any further claim of Fessura against the User is paid in full, the delivered Product shall remain the property of Fessura and the User shall not dispose of or use it.
LIABILITY FOR DEFECTS
1. Where the User believes that the Product does not comply with the Contract or is affected by defects, he/she shall promptly notify Fessura through the appropriate section on the E-Shop ("Dispute Form") specifying the disputed Product and the defects or discrepancies found. The disputed Product must be returned to Fessura together with a printout of the Dispute Form.
2. Fessura will examine the Disputed Product and notify the User by e-mail whether or not he/she is entitled to a refund of the price or replacement of the Product. The refund, if any, will cover the purchase price paid by the User and any costs of return to Fessura. The refund or replacement will be made within 30 (thirty) days after Fessura notifies the User via email that he/she is entitled to a refund or replacement of the Product.
3. Fessura shall not be liable for defects in the Products that were caused by delivery made by a third party, except in the case referred to in Article VII.
4. Fessura shall not be liable for damages resulting from misuse of the Product, alteration of the Product, normal wear and tear, or negligence in the care of the Product.
5. The foregoing in Nos. 1, 2, 3 and 4 shall not be construed as prejudicing the User's rights under applicable laws.
Where the right of withdrawal is validly exercised by the User, Fessura will reimburse the User for the price paid within 30 (thirty) days of withdrawal. The term shall run from the date of receipt of the notice of withdrawal. The Products must be returned by parcel post. If the Products are not returned, in whole or in part, or are returned damaged, Fessura is entitled to claim from the User the damages incurred.
LIABILITY FOR BREACH OF CONTRACT
1. Liability for breach of contract on the part of Fessura shall be limited to compensation for damages that are a direct consequence of the breach and, in ogive case, shall be limited to the price of the Product.
1. In the case of intent or gross negligence Fessura shall be liable in accordance with the law.
2. To the extent permitted by law, Fessura shall in any event not be liable for indirect damages caused by the Product delivered to the User (consequential losses), such as, but not limited to, damage to other property.
3. Indirect damages and any other compensatory claims against Fessura that are not included in Articles VII and VIII of these General Terms and Conditions are expressly excluded, with the exception of liability placed on Fessura by law in the event of injury or death.
COPYRIGHT AND TRADEMARKS
1. All content published on www.Fessura.com including text, documents, logos, images, graphics, videos, their arrangement and adaptations are subject to intellectual property laws and protected by copyright. You may not copy, alter, translate, distribute, use, store, or publish on other sites this content without prior written permission from Fessura. Any content and contributions contributed by third parties are marked as such.
2. Downloading, viewing, and printing the contents of this website is permitted for personal use only and excludes you from making any rights or claims to such material.
3. The trademark "Fessura" is a registered trademark owned by Fessura S.r.l..
4. Fessura uses the trademark "Fessura" as the corporate ID under which it presents itself to the market.
1. Subject to the limits provided by law, any claim of the User due to breach of contractual and/or other obligations by Fessura is excluded in the event of force majeure events, such as, but not limited to, mobilization, war, riot and assimilated events such as fire, accident, strike, blockade or export restrictions or other events in any case not attributable to Fessura.
2. Fessura's failure to exercise its rights under these terms and conditions does not imply a waiver of such rights and does not affect Fessura's ability to avail itself of such rights thereafter. Therefore, the User is not relieved of its commitments to timely and full performance of its obligations under these General Conditions.
3. Disputes arising from these General Conditions shall be subject to the jurisdiction of the courts of the place of residence of the User or, at the choice of the User or at the User's initiative, to the jurisdiction of the Court of Fermo. If the User, contrary to his statements during the order process, is not a resident of the Italian Republic or if, after the conclusion of the contract, he moves his residence outside the territory of Italy, or in the event that at the time of the establishment of a legal action against Fessura, the exact residence is unknown, the competent court for any dispute arising from or in connection with these General Conditions is Fermo.
4. These General Terms and Conditions are governed by Italian law, including the Consumer Code and the E-Commerce law set forth in Legislative Decree No. 70 of April 9, 2003. In any case, without prejudice to the rights provided by rules of necessary application, provided by the law of the country of residence of the User.
5. The nullity or ineffectiveness of any of these clauses will not result in the nullity or ineffectiveness of the General Conditions of Sale as a whole, which will therefore continue to be fully effective and binding. The parties undertake to negotiate in good faith and to replace the null and void or ineffective clauses with clauses that are not affected by nullity or ineffectiveness and whose content conforms to the previous one.
6. Amendments and additions to these General Terms and Conditions shall be made in writing; notices and any statements relating to the contractual relationship shall be made in writing and sent to 'Fessura's address as set forth above and to the User's address given for delivery of the Products.