Contract

Between

“Tessitura Sasso Mario SNC – Registered office and administrative headquarters in Via Mombarone,2 – 13888 MONGRANDO (BI) – ITALY, Fiscal Code and VAT number IT 01740390024” (hereinafter referred to as “ Fototessuta ”), in the person of its legal representative,

And

the Customer who purchases products and services from Tessitura Sasso Mario SNC via the website www.fototessuta.it (hereinafter referred to as the “ Customer ”),

the following is agreed upon:

1 – Offer:

  1. The Fototessuta website offers the Customer a Service consisting of the reproduction on fabric (in various articles, types and formats) of digital images sent by the Customer via email or via the upload form on the website www.fototessuta.it, or via the postal service (in the case of images on paper), according to the format and methods available, chosen by the Customer.
  2. Fototessuta reserves the right to change the terms and conditions of the Service at its sole discretion, notifying the Customer of such changes via a notice published on its website and/or via email. The Customer is required to accept such changes, without prejudice to the right to withdraw from the contract.

2 – General Conditions:

  1.  Fototessuta reserves the right to update the terms and conditions of the offer and sale at any time and without notice, except, of course, for orders already completed.
  2. The terms and conditions of the contract described here apply to each Customer and/or visitor to the site and are the basis of any contract between Fototessuta and the Customer.

3 – Availability and ordering methods

  1. Fototessuta guarantees to do everything possible to ensure the Customer's availability of the online services on this site. Temporary service interruptions may be due to technical or other reasons. Fototessuta will make every effort to inform the Customer as efficiently as possible regarding the nature and duration of any service interruptions. Likewise, Fototessuta does not guarantee the functioning and quality of the Internet outside of its site. By placing an order, the Customer explicitly accepts all the terms and conditions of this policy and further agrees that Fototessuta cannot be held liable for any modification, suspension, or interruption of the site or the services provided by Fototessuta through the site.
  2. Customers can submit digital images using the form on the website or by email. Images should be in JPEG (.jpg) format, but Fototessuta accepts and provides the service in other digital image formats.
  3. Once an order has been placed through the website www.fototessuta.it, it will not be considered accepted until the Customer receives confirmation from Fototessuta (order confirmed). Confirmation may occur via email. The order is confirmed upon receipt of payment by the Customer.
  • Pending : When the word “pending” appears in the email you receive, it means the order has been completed on the site but is awaiting verification.
  • Confirmed : When the word “confirmed” appears in the email you receive, it means that your order has been verified and approved by us.
  • Shipped : This means that the products have been shipped. The delivery times indicated are purely indicative and are independent of Fototessuta.
  • Cancelled : means the refusal to execute the order and its cancellation.
  • Refunded : this status is set when the customer requests a refund for the purchased goods pursuant to the "Right of Withdrawal" legislation pursuant to art. 5 of Legislative Decree 185/1999. (Shipping costs are excluded from the refund).
  • Each order will be considered binding once the Customer has accepted the proposed contractual terms and subsequently confirmed the order.

4 – Right of withdrawal

  1. As required by law (see Articles 4 and 5 of Legislative Decree 22.05.1999 No. 185), the Right of Withdrawal cannot be exercised for personalized items (i.e., all items for sale featuring a personal image and/or custom-made to the customer's specifications).
    For all other items, the right of withdrawal applies as described in point 2.
  2. Any Customer who, for any reason, is dissatisfied with their purchase has the right to withdraw from the contract without penalty and without specifying the reason, within 10 working days of receipt of the goods, pursuant to art. 5 of Legislative Decree 185/1999. This right may only be exercised by natural persons; therefore, all purchases made on behalf of a company, or if a VAT number is entered on the order form, do not benefit from this right. In the event of withdrawal, by law, all shipping costs to Fototessuta are expressly borne by the Customer, who, through their own shipping agent, will forward the goods to Fototessuta's headquarters, upon notification of the withdrawal request by registered mail within the aforementioned 10 days; the contact request can be made at: info@fototessuta.it . All items must be returned in the same condition as received, with all original packaging and any accompanying documentation, complete and complete, within 10 business days of the return request (the shipping date will be used as proof). It is understood that the customer is fully responsible for all shipping risks for returning items. It is advisable to cover the original product packaging with additional protective packaging to preserve its integrity and protect it from any writing or adhesive labels. Only if the goods are received in perfect condition will the full amount paid by the customer be refunded within the legally required timeframe. Fototessuta will credit the same amount via bank transfer to the customer, who must provide their bank details (IBAN of the order holder) at the time of the return request. The right of withdrawal lapses entirely when the "essential integrity of the item" (packaging and/or its contents) is no longer present, in cases where the following are ascertained: the original external/internal packaging is missing, integral product elements (instructions, certificates, etc.) are missing, or the product is damaged.
    If this right lapses, the purchased item will be returned to the sender, with shipping costs charged to the sender.

5 – Cancelling an order

  1. During the product selection and ordering process, the Customer has the right to change their mind or cancel the entire order. This must be done by promptly notifying Fototessuta by email at info@fototessuta.it or by calling (+39) 015666495. Fototessuta will cancel the order, changing its status to "Cancelled." However, once the order is "confirmed" and Fototessuta begins processing it, the Customer is no longer given the option to cancel or modify it. This is because the material specifically processed for the Customer can no longer be used by Fototessuta for other processes.

6 – Payment methods

  1. Payment by the Customer for the Service offered by Fototessuta must be made in advance: confirmation and processing of the order is subject to payment thereof.
  2. The Customer can choose their preferred payment method from those indicated on the website www.fototessuta.it during the order phase.
  3. The order status “Confirmed” occurs after Fototessuta receives the payment.

7 – Replacement of products with manufacturing defects or damaged during transport

  1. If the product purchased through Fototessuta's service has manufacturing defects or has been damaged during shipping, the customer may request a replacement within 7 days of receipt by writing to info@fototessuta.it. The request must include a description of the defect or damage to the product.
  2. The Customer is required to return the defective or damaged product in its original packaging, intact in all its parts. Fototessuta reserves the right to replace the defective product or refund the Customer by issuing a credit note for an amount equal to the value of the defective or damaged product.

8 – Responsibilities and limitations of the service

  1. Fototessuta merely reproduces the images provided by the Customer on individual items, using artisanal methods, without exercising any control over their origin, legality, or compliance with copyright laws. Fototessuta acts as a mere technical executor of the commission
  2. By submitting images, the Customer:
    a) solemnly declares that he or she is the copyright owner or has obtained a written license/authorization for the specific use requested (reproduction on fabric for commercial or personal purposes);
    b) undertakes to provide Fototessuta, within 7 days of the request, with documentary proof of the license or authorization (e.g., contract, email address of the rights holder);
    c) acknowledges that Fototessuta is not required to verify the legitimacy of the materials in advance, unless it reports obvious issues (e.g., watermarks, logos of well-known brands).
  3. The Customer fully indemnifies Fototessuta from:
    - Claims for damages, penalties, legal fees, or other costs arising from copyright infringement;
    - Legal consequences of unlawful, defamatory, or otherwise harmful content (e.g., child abuse); -
    Direct/indirect damages suffered by Fototessuta due to failure to comply with the guarantees set forth in Article 8.2.
  4. Fototessuta reserves the right to:
    a) Refuse, suspend, or cancel orders if there are reasonable doubts about the legitimacy of the images (e.g., recognizable works of art, watermarked images);
    b) Cooperate with judicial or police authorities , providing customer information and materials received, in the event of investigations into violations of the law;
    c) illegal content or attempted violations of site security to the competent authorities
  5. Fototessuta:
    a) Is not responsible for the Customer's improper use of images, nor for any unauthorized modifications thereto;
    b) Acts in good faith in reporting obvious issues, without the obligation to carry out in-depth checks;
    c) Does not compensate the Customer for orders cancelled due to illegitimate images.

9 – Copyright

  1. The Customer guarantees, under his/her own criminal and civil liability, that he/she owns the copyright or holds a valid license for the commercial use of the images provided, including reproduction on textile products. In the case of images covered by third-party copyright, the Customer is required to provide Fototessuta, upon request, with a copy of the license explicitly authorizing:
    • Image editing (if applicable);
    • Printing on textile products;
    • The commercial sale or distribution of finished products.
  2. Fototessuta reserves the right to withhold a security deposit (e.g., 20% of the total) for orders with images at high risk of infringement (e.g., franchises, artwork). The deposit will be refunded only after license verification.
  3. The images provided by the Client for the Service will be used by Fototessuta only internally within its structure: the Client guarantees a royalty-free license for the storage, printing, copying, and shipping of the images managed during the execution of the Service carried out on its behalf by Fototessuta.

10 – Delivery of products

  1. Fototessuta undertakes to deliver the products to the address indicated during the order. The Customer undertakes, under his/her own responsibility, to provide information that is as accurate, complete, and current as possible, as required by the ordering process.
  2. Any delays or failures to deliver the products cannot be attributed to, nor attributable to, Fototessuta, which will consider the contract with the Customer to be concluded upon delivery of the goods to the company responsible for delivery.

11 – Privacy

  1. Fototessuta collects and processes the data you provide in compliance with Legislative Decree no. 196/2003 and all other privacy protection regulations.
  2. The Customer's personal data, for which Fototessuta guarantees the utmost confidentiality in compliance with the aforementioned legislation, will be processed, communicated and disseminated, including with the aid of electronic or automated means, directly and/or through third parties for purposes related to the purchase of products included in the "Fototessuta offer", for statistical purposes, for sending advertising and marketing material for our products and services. 
  3. The Customer has the right to exercise the rights recognized by Article 7 of the Privacy Code (formerly Article 13 of Law No. 675/1996). By accepting the terms of service and purchase, the Customer consents to the processing of their personal data for the purposes related to order management. Use of data for commercial purposes, however, is subject to the Customer's voluntary consent.

12 – Indemnity

  1. The Customer releases Fototessuta from any liability arising from violations of copyright law, as well as from any content that may be offensive or defamatory to third parties. The Customer thus assumes full responsibility for the publication of their images on the website.
  2. The Customer undertakes to indemnify Fototessuta, its affiliated, controlled or participating companies, branches, employees and collaborators, from any claim, demand or dispute, including any expense and charge, including legal costs, arising from the Customer's use of the Service.
  3. It is essential to clarify that Fototessuta is unable to verify the origin and nature of the content and images published using the Service, and therefore has no control over them. Fototessuta therefore declines all liability if, through the use of the Service, the Customer views images that they do not like. 
  4. Fototessuta declines all responsibility for the use the Customer makes of the tools, information, and images obtained through the Service, particularly if such use is found to be inconsistent with applicable laws. Fototessuta therefore reserves the right to not publish and/or delete images that are even partially or covertly attributable to the aforementioned circumstances.
  5. The Customer undertakes to compensate Fototessuta for:
    • Direct, indirect and consequential damages (e.g. loss of reputation, suspension of business);
    • Legal costs, attorneys' fees, legal defense costs;
    • Fines or administrative sanctions resulting from confirmed violations.
  6. Fototessuta may take legal action to obtain full compensation for any damages suffered, regardless of whether the disputed product has been revoked.

13 – Applicable law and competent court

  1. The use of the Fototessuta service and the purchase of products on the site are subject to the conditions set out in this "Terms and Conditions" section.
  2. In the event of disputes related to copyright infringement, the Client will pay the legal costs in advance in the event of proven infringement.
  3. Fototessuta is subject exclusively to Italian law. The sole Italian court has jurisdiction over all disputes arising in connection with the use of Fototessuta. The competent court is the court of Biella.