Terms and conditions
Introduction
The following provisions (hereinafter the "General Conditions") govern the commercial relationship between Fessura Italia (hereinafter "Fessura") and users of the e-shop www.Fessura.com (hereinafter the "E-Shop") residing in Italy (hereinafter the "Users") for the purchase and sale of products offered through the E-Shop (hereinafter the "Products"). Any contractual conditions proposed by the User that deviate from the following General Conditions will not apply unless Fessura has expressly accepted them in writing. The relevant provisions of Legislative Decree 206/2005, "Consumer Code," also apply, pursuant to Article 7 of Law No. 196 of 29 July 2003. 229", hereinafter referred to as the "Consumer Code".
The descriptions of the Products offered in the E-Shop are complete and comprehensive. Fessura shall not be liable under any circumstances for any inaccurate product descriptions made available to the public by its employees, agents, or third-party retailers.
Fessura will make every effort to ensure that the E-Shop service is uninterrupted. However, even with the utmost diligence, downtime cannot be ruled out. Fessura reserves the right to change or suspend the service at any time.
The information contained on this website is subject to change by Fessura and contains only general information for the User's use. The E-Shop and Fessura website use cookies to track user preferences. The privacy policy contains further information on the use of cookies.
Neither Fessura nor any third party guarantees the accuracy, completeness, or timeliness of the information and materials contained on the website. The User acknowledges and accepts that the information and materials contained on this website may contain inaccuracies and/or errors. To this end, and to the extent permitted by applicable law, Fessura expressly excludes any liability for such inaccuracies and/or errors.
The User's use of the information contained on this website is the User's sole responsibility, and Fessura shall not be liable under any circumstances for the User's use of such information. Furthermore, the User is responsible for verifying that the services and products offered within the E-Shop are compliant and suitable for the User's needs, without this incurring any liability on the part of Fessura.
This website contains material that is owned by Fessura or used by Fessura 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 website is therefore prohibited. 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. These links are provided solely for the convenience of the User and to provide additional information. Fessura assumes no responsibility for the content of external websites linked to its website www.Fessura.com. The mere inclusion of links does not imply recognition or approval by Fessura of the linked sites or their content, for which the operators of the linked sites remain solely responsible.
Contract Conclusion
The User's mere use of the E-Shop is not sufficient to conclude the contract between the User and Fessura and therefore does not give rise to any contractual or non-contractual claims against Fessura. To access the E-Shop, the User must register on the website by providing a "username" and "password" ("Access Codes"). Registration of the User's data is for the sole purpose of allowing Fessura to manage the purchase process and related payment and does not constitute a final agreement. To properly register, a "username" and a password must be provided. The User is prohibited from entering false and/or invented and/or fictitious data during the registration process prior to using the E-Shop.
The User assumes responsibility for any activity carried out, including by third parties, using their Access Codes and is required to promptly notify Fessura of any violation or theft of their Access Codes by third parties.
The display of Products in the E-Shop does not constitute a contractual offer by Fessura, but merely an invitation to purchase. The order submitted by the User by clicking the "Complete Order" button in the "Proceed to Purchase" section ("Order") constitutes a contractual offer to purchase. After receiving the Order from the User, Fessura will send an email to the address provided by the User, confirming receipt of the Order and specifying the Order details ("Order Receipt Confirmation"). This Order Receipt Confirmation does not constitute acceptance of the User's Order, but is intended solely to inform the User that Fessura has correctly received the Order. The sales contract between the User and Fessura is concluded only when Fessura notifies the User via email that the Order has been accepted and the Product has been shipped ("Shipping Confirmation").
Right of Withdrawal
Exercising the Right of Withdrawal
The User may unilaterally cancel the order no later than 14 (fourteen) days from the date of receipt of the Product. This cancellation must be made by: a) written communication sent to Fessura by registered mail with return receipt within the aforementioned deadline, or, alternatively, b) written communication sent to Fessura by telegram, telex, fax, or email within the aforementioned deadline, provided that the communication is followed by a registered letter of confirmation within the following 48 hours. If the Product has already been delivered, the User must return it within the aforementioned deadline and at their own expense. These General Terms and Conditions do not exclude the User's obligation to preserve the Products after delivery and to return them intact. Notice of withdrawal and/or the returned Product must be sent to:
Fessuraitalia
Via Don Minzoni 19
63812 Montegranaro (FM)
ITALY
info@fessura.com
Consequences of withdrawal
If the right of withdrawal is validly exercised by the User, Fessura will refund the User the price paid within 30 (thirty) days of the withdrawal. The deadline begins 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 damages from the User.
Payment methods, prices, and shipping costs
The prices listed on the E-Shop include VAT. The final price is the one indicated in the E-Shop at the time of ordering. The VAT amount is specified separately on the accompanying invoice sent with the Product.
Shipping costs are borne by the User according to the terms indicated in the E-Shop. The Product is delivered exclusively within Italy and cannot be delivered to a PO Box address. As highlighted in Section I of these General Terms and Conditions, the presentation of the Products in the E-Shop is intended exclusively for Users residing in the Italian Republic who indicate a delivery address within that territory. Users residing outside of Italy must access the E-Shop through the specific section reserved for their country of residence.
Fessura has made reasonable efforts to process an Order within 4 (four) business days of receiving the Order. The courier service is available Monday to Friday from 9:00 am to 5:00 pm. Orders received on Saturdays, Sundays, or public holidays will be processed on the next business day. Barring unforeseen circumstances beyond Fessura's control, the Product will be delivered to the User within 5 (five) days of delivery to the courier. This delivery time is indicative and not binding. Fessura assumes no responsibility for any damage resulting from delivery delays. In the event of failure to deliver 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 is unable to deliver the Product even after this second attempt, the Product will be placed at the courier's warehouse closest to the delivery address and a notice will be left for the User with the necessary instructions for collection.
Payment for the Order must be made using the methods available in the online store.
If you purchase with Scalapay, you will receive your order immediately and pay in three installments. You acknowledge that the installments will be assigned to Incremento SPV S.r.l., related parties, and their assignees, and that you authorize such assignment.
Retention of Title
1. Until full payment of the price and any further credit owed by Fessura to the User, the delivered Product remains the property of Fessura and the User may not dispose of or use it.
Liability for Defects
1. If the User believes that the Product does not comply with the Contract or is defective, he or she must promptly notify Fessura through the appropriate section on the E-Shop ("Dispute Form"), specifying the Product being disputed and the defects or non-conformities found. The disputed Product must be returned to Fessura along with a printed Dispute Form.
2. Fessura will examine the Disputed Product and notify the User via email whether or not he or she is entitled to a refund or replacement. Any refund will cover the purchase price paid by the User and any return costs to Fessura. The refund or replacement will be made within 30 (thirty) days of Fessura's email notification informing the User of their right to a refund or replacement.
3. Fessura is not responsible for Product defects caused by delivery by third parties, except in the case referred to in Article VII.
4. Fessura is not responsible for damage resulting from improper use of the Product, alteration of the Product, normal wear and tear, or negligent care of the Product.
5. The provisions of paragraphs 1, 2, 3, and 4 above shall not be construed as prejudicial to the User's rights under applicable law.
Liability for breach of contract
1. Fessura's liability for breach of contract is limited to compensation for damages resulting directly from the breach and, in any case, is limited to the price of the Product.
Non-contractual Liability
1. In the event of willful misconduct or gross negligence, Fessura is liable pursuant to the law.
2. To the extent permitted by law, Fessura shall 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. Compensation for indirect damages and any other claims for damages against Fessura not covered by Articles VII and VIII of these General Conditions are expressly excluded, with the exception of liability imposed on Fessura by law in the event of injury or death.
Copyright and Trademarks
- All content published on the website www.Fessura.com, including text, documents, logos, images, graphics, videos, their arrangement, and their adaptations, are subject to intellectual property laws and protected by copyright. It is not permitted to copy, alter, translate, distribute, use, store, publish on other sites these contents without prior consent.
. Downloading, viewing, and printing the contents of this website is permitted for personal use only and excludes the user from asserting any rights or claims to such material.
3. The "Fessura" trademark is a registered trademark owned by Fessura S.r.l.
4. Fessura uses the "Fessura" trademark as its corporate identity.
Final Provisions
1. Subject to the limitations provided by law, any claims by the User due to breach of contractual obligations and/or other obligations by Fessura are excluded in the event of force majeure, such as, but not limited to, mobilization, war, riots, and similar events such as fire, accidents, strikes, blockades, export restrictions, or other events not attributable to Fessura.
2. Fessura's failure to exercise any of the rights under these Terms and Conditions does not constitute a waiver of such rights and does not affect Fessura's right to subsequently exercise such rights. Therefore, the User is not relieved of its obligation to promptly and fully fulfill its obligations under these Terms and Conditions.
3. Disputes arising from these Terms and Conditions are subject to the jurisdiction of the courts of the User's place of residence or, at the User's option or initiative, to the jurisdiction of the Court of Fermo. If the User, contrary to their declarations during the order process, is not resident in the Italian Republic or if, after the conclusion of the contract, they move their residence outside of Italy, or if their exact residence is unknown at the time legal action is filed against Fessura, the competent court for any dispute arising from or in connection with these Terms and Conditions is Fermo.
4. These General Terms and Conditions of Sale are governed by Italian law, including the Consumer Code and the E-Commerce Law pursuant to Legislative Decree No. 70 of April 9, 2003. In any case, this is without prejudice to the rights provided by mandatory provisions of the law of the User's country of residence.
5. The invalidity or ineffectiveness of any of these clauses shall not result in the invalidity or ineffectiveness of the General Terms and Conditions of Sale as a whole, which shall therefore remain fully effective and binding. The parties undertake to negotiate in good faith and to replace invalid or ineffective clauses with clauses that are not affected by invalidity or ineffectiveness and whose content is consistent with the previous clauses.
6. Amendments and additions to these General Terms and Conditions of Sale must be made in writing; Communications and any declarations relating to the contractual relationship must be made in writing and sent to Fessura's address as indicated above and to the User's address indicated for delivery of the Products.
