The following provisions (the "General Conditions") govern the commercial relations between Fessura Italia srl(hereinafter "Fessura") and users of e-shop www.Fessura.com (hereinafter "E-Shop") resident in Italy (hereinafter "Users") for the purchase of products offered by the E-Shop (hereinafter "Products"). Any contractual conditions proposed by the User and in derogation to the following Terms and Conditions are applicable, on condition that Fessura has expressly accepted in writing. The relevant provisions of Legislative Decree 206/2005, "Consumer Code", in accordance with Article 7 of Law July 29, 2003, n. 229 ", hereinafter for brevity "Consumer Code", are also applicable.
The description of the products offered in E-Shop is complete and comprehensive. Fessura shall in no event be liable for any differing descriptions of the products made by the public from its employees or agents or by third party vendors.
Fessura will work to ensure that the E-Shop service does not suffer any interruption. Nevertheless, even acting with the utmost diligence, downtime cannot be excluded. Fessura reserves the right to vary and discontinue the service at any time.
Neither Fessura nor any third party guarantees the accuracy, completeness, updating of information and material contained on the website. You acknowledge and agree 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, expressly disclaims all Fessura responsibility for such inaccuracies and/or errors.
The use by the User of the information contained in this website is the sole responsibility of the User and Fessura will not be responsible in any case for the use made by you of such information. Furthermore, the User has the obligation to ensure that the services and products offered within the E-Shop and fully comply with the appropriate User's needs, without this entailing any liability by Fessura.
This website contains material which is owned by Fessura or that Fessura uses under a specific license. This material includes, by way of example, 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.
Unauthorised 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 convenience of the User in order to provide you with further information. Fessura assumes no responsibility for the content of external internet sites linked to its site www.Fessura.com. The mere inclusion of links does not imply approval or endorsement by Fessura of the links nor their respective contents, which remain solely responsible for the operators of linked sites.
Conclusion of the Contract
The use of E-Shop by the User is not sufficient to conclude the contract between the User and Fessura and therefore does not give rise to any claim in the contract or tort claim against Fessura. You must register at the website to access the E-Shop, indicating a "user name" and "password" ("Access Codes"). The recording of user data is solely for the purpose of Fessura managing the purchase and payment thereof and does not constitute the final action of contact. To properly register you must supply a "user name" and password. The User is forbidden to enter false data, and/or invented and/or immaginative, during the registrationprocess prior to the use of E-Shop.
The User assumes the responsibility arising from any activity carried out by third parties through their use of access codes and has the obligation to notify Fessura of any breach or theft of your access codes by third parties.
The display of products in the E-Shop does not constitute a Fessura contract proposal, but merely an invitation to propose. The order submitted by the User, by clicking the button labelled "closed order" within the "Proceed to Purchase" ("Order") constitutes a contract proposal of purchase. After receiving the Order by the User, Fessura will send a notice by e-mail to the address indicated by the User, confirming the receipt of the Order and the Order specifying the details thereof ("Receiving Order Confirmation "). This order acknowledgment does not constitute acceptance of the User Order, but has the sole purpose of informing the User that Fessura has successfully received the Order. The sales agreement between the User and Fessura ends only when Fessura communicates to the User via e-mail that the order has been accepted and that the Product has been dispatched ("Shipping Confirmation").
Right of Withdrawal
Exercising the right of withdrawal
The User can unilaterally withdraw the order at the latest within 14 (fourteen) days of receipt of the Product. Such revocation must be made by: a) written notice sent by registered mail to Fessura within the period mentioned above, or alternatively b) written notice to Fessura by telegram, telex, fax or e-mail, by the period referred to above, provided that both the communication is then followed by a registered letter within the next 48 hours. In the event that the Product has been issued, the User must return it within that time and at his expense. These Terms do not exclude the User's obligation to preserve the Products after delivery and return them intact. The notice of withdrawal and/or the Product returned must be sent to:
Via Don Minzoni 19
63812 Montegranaro (FM)
Consequences of the withdrawal
Where the right of withdrawal is validly exercised by the User, Fessura will refund the User the price paid within 30 (thirty) days from withdrawal. The term begins on the date of receipt of notice of withdrawal. Products must be returned by parcel post. Where the Goods are not returned, in whole or in part, or are rendered damaged, Fessura is entitled to claim damages from the User.
Method of payment, prices and delivery costs
The prices listed on the E-Shop are inclusive of VAT. The final price is shown in E-Shop at the time of order. The VAT amount is specified separately in the accompanying bill that is sent with the product.
Shipping cost "Express" are borne by the User as indicated in the E-Shop. The product is delivered exclusively in the Italian territory and cannot be delivered to a PO Box address. As noted in section I of these General Conditions the presentation of products in E-Shop is only intended for Users resident in the territory of the Italian Republic to indicate a delivery address within that territory. If you are located outside the Italian territory, users will have access to the E-Shop through specific section devoted to their country of residence.
Fessura has made reasonable efforts in order to process an order within 4 (four) working days of receipt of the Order itself. The courier service operates from Monday to Friday from 9.00 to 17.00. The execution of orders received on Saturday, Sunday or public holidays starts on the next working day. Barring unforeseen circumstances beyond the control of Fessura, the Product is delivered to the User within 5 (five) days from delivery to the carrier. The delivery time is indicative and not binding. Fessura assumes no responsibility for any damages resulting from delays in delivery. In case of non-delivery at the delivery address specified in the User’s Order, a second delivery attempt will be made at the same address. If the courier could not deliver the product even in this second attempt, the product will be placed in the warehouse of the carrier closest to the delivery address and a notice will be left with the User with the information necessary for collection.
The payment of the Order must be made online using one of the mtehods provided in the online store.
Retention of title
1. Until the total price has been paid and any other eventual credit to Fessura with the User, the delivered Product remains the property of Fessura and the User may not dispose of use.
Responsibility for defects
1. Where the User believes that the product does not comply with the Contract or is defective, he shall immediately notify this through the appropriate section on the E-Shop ("Dispute Form") specifying the product subject of dispute and the vices or discrepancies discovered. The Product contested must be returned to Fessura in together with the release of the Dispute Form.
2. Fessura will examine the Product Contested and communicate via e-mail to the User whether or not entitled he is to a refund of the price or replacement of the Product. Any refund will cover the purchase price paid by the User and any costs of returning to Fessura. A refund or replacement will occur within 30 (thirty) days from the email with which Fessura communicates to the User the entitlement to a refund or replacement product
3. Fessura is not responsible for defects in products that have been caused after delivery by third parties, except in cases provided for in Article VII
4. Fessura is not responsible for damages resulting from misuse of the product, alteration, normal wear and tear or negligence of the Product.
5. The above numbers 1, 2, 3 and 4 shall not be construed to the prejudice of the rights of the User, provided by applicable law.
Liability for breach of contract
1. The liability for breach of contract by Fessura is limited to damages that are a direct result of the failure and, in every case, it is limited to the price of the Product.
1. In the case of wilful misconduct or gross negligence Fessura is liable under law.
2. In so far as is permitted by law, Fessura will not be in any case liable for consequential damages caused by the product delivered to the User (consequential loss), such as, but not limited to, damage caused to other property.
3. The compensation for consequential damages and any other claim for damages against Fessura that is not included in Articles VII and VIII of these Terms, is expressly excluded, except for liability to be borne by the Fessura by law in case of injury or death.
Copyrights and Trademarks
1. All content published on the site www.Fessura.com including text, documents, logos, images, graphics, video size, trim and adaptations are subject to the laws on intellectual property and copyrighted. You may not copy, alter, translate, distribute, use, store, publish this content on other sites without prior written permission of Fessura. Any content and contributions made by third parties are marked as such.
2. The downloading, viewing and printing the content of this website is permitted for personal use only and excludes the user from having any right of claim or claim of such material.
3. The brand "Fessura" is a registered trademark property of Fessura S.r.l..
4. Fessura used the brand "Fessura" as its corporate ID with which it presents itself to the marke.
1. Subject to the limits prescribed by law, any User on account of alleged breach of contract and/or other obligations by Fessura is excluded in case of force majeure, such as, but not limited to, mobilisation, war, riot, and similar events such as fire, accident, strike, lockout or export restrictions, or other events in each case not attributable to Fessura.
2. The failure by Fessura of the rights under these conditions does not imply a waiver of those rights and does not affect Fessura’s right to use these rights later. The User therefore is not exempted from its commitments on time and in full compliance of its obligations under these General Conditions.
3. Any dispute arising under these Terms shall be subject to the jurisdiction of the courts of the place of residence or the User, the User's choice or on its initiative, the jurisdiction of the Court of Fermo. If the User, contrary to his statements during the ordering process, is not a resident of the Italian Republic, or if, after the conclusion of the contract, moves his residence outside the Italian territory, or if at the time of establishment of a legal action against Fessura the exact residence is unknown, the jurisdiction for any dispute arising out of or in connection with the Court of Fermo.
4. These General Terms of sale are governed by Italian law, including the Consumer Code and the Law on E-Commerce referred to the Legislative Decree 9 April 2003, n. 70. In any case, without prejudice to the rights provided by mandatory provisions, laid down by the User’s Country.
5. The invalidity or ineffectiveness of one of these clauses does not entail the invalidity or ineffectiveness of the General Conditions of Sale in their entirety, and therefore, continue to be fully effective and binding. The parties agree to negotiate in good faith and to replace the void or ineffective provisions with provisions that are not affected by invalidity or unenforceability, and the content of which conforms to the previous one.
6. Changes and additions to these contract General Terms must be made in writing; communications, and any statement of the contractual relationship must be made in writing and sent to Fessura’s address above and to the User’s address specified for delivery of Products.