Terms and conditions of service

The site www.ifuorimisura.it is owned and managed by I FUORIMISURA srl, with registered office and operations in Italy, in via Pietro Micca 20, 10122 Turin, VAT number 13022600012 – Tax code and Company Reg. 13022600012 - REA n. TO-1333116.

I FUORIMISURA srl is the exclusive owner of the registered trademark I Fuorimisura and holds the rights to use the domain, logos, trademarks and copyright applied to the Site.

The e-commerce site offers visitors the online sale of custom foam, mattresses, sofas and other furniture and upholstery items.

The products can only be purchased by Customers who indicate a delivery address located in Italy. Purchase requests from Customers abroad will not be accepted.

The Customer must be of legal age to use the site and/or receive our services.

By accessing or using the ifuorimisura.it website, the Customer agrees to have read, understood and accepted these conditions of sale and undertakes to comply with all contractual conditions contained in these “Terms and conditions of use”.

I FUORIMISURA srl reserves the right to update the contractual terms at its sole discretion at any time, without this affecting the products purchased before the change. The Customer, at the time of purchase, accepts the Terms in force on that date.

The SUPPLIER of the goods or services requested by the CUSTOMER is the company I FUORIMISURA srl, with registered office in Italy, in via Pietro Micca, 10122 Turin, VAT number 13022600012 (operating with the commercial brand I Fuorimeasure).

THE CUSTOMER, registered on the website using a username and password, of which he/she is fully responsible for the use and safekeeping, is responsible for the veracity of the personal data provided.

The contractual sales relationship involves the delivery - by I Fuorimisura srl ​​- of a specific product or service, in exchange for payment - by the CUSTOMER - of a specific price publicly expressed through the e-commerce site.

Before making a purchase, the Customer has at his disposal all the information relating to the product/service.

When completing the purchase procedure (cart checkout) for a product/service and the related payment, the Customer undertakes to enter into a legally binding contract.

Each Product is accompanied by a description illustrating its main characteristics, compiled on the basis of information provided by the producers of the goods/raw materials.

Fuorimisura srl ​​will do its best to ensure that the images of the Products published on the Site represent as faithfully as possible the Products offered for sale. However, the colours of the Products may differ from the actual colours due to the settings of the computer systems or computers used by users to view them.

The colors of the expanded materials may vary from those indicated depending on the stock availability of our suppliers without notice. In any case, the density and characteristics declared in the description are guaranteed.

Finished product measurements are susceptible to a small degree of variability:

• Expanded: the final measurement may vary by +/- 0.5 cm depending on the hardness of the foam, the temperature and humidity of the air.

• Covered products: The final measurement may vary by 1% with a minimum of +/- 1.5 cm. This depends on the greater or lesser elasticity of the different fabrics. In quilted covers the difference is slightly more accentuated due to the softness and airiness of the padding contained in the quilted fabric.

• Fabrics: they may have slightly different colors than those visible on the site which depend on the supply received. It is also possible that, when choosing the fabric online, the color displayed on your device may be slightly distorted by the screen settings.

• The raw blocks at our disposal are 200x200x100. Within these measurements we guarantee the supply of material without joints. Pieces with even just one measurement exceeding these limits will be supplied joined by gluing with non-toxic products. This does not affect the final quality of the product.

iFuorimisura is a retailer that builds its commercial offer on the basis of the availability of products communicated to it by its suppliers. The Site is constantly updated in order to guarantee maximum correspondence between the actual availability of the Products and that indicated on the Site.

It may happen, albeit sporadically, that the ordered Product is no longer available after the Order has been transmitted. In this case, the Customer will be promptly informed by e-mail, the Order will be cancelled and the Customer who has already made the payment will be promptly refunded the Amount paid, including delivery costs and any other costs incurred in relation to the Order.

The General Conditions of Sale of the products and services applicable are those in force and published on the Site on the date of transmission of the purchase order. The offer of products and services can be modified at any time, without notice. We can interrupt or suspend permanently or temporarily the production of products without notice and liability. Any changes will be effective from the moment of their publication on the Site. Customers are therefore invited to regularly access the Site to check for any changes and/or updates.

The prices indicated on the site are expressed in euros and include VAT.

The minimum order is 10 euros.

Prices and availability shown are subject to change due to market or other reasons. We reserve the right to change our prices for the products displayed at any time and to correct pricing errors that may inadvertently occur.

It is understood that the price of the Product charged to the Customer will be the one indicated on the Site at the time of the Order and that any variations (increases or decreases) subsequent to the transmission of the same will not be taken into account.

In the event that, due to human error or technical malfunction, incorrect Product prices are published on the Site, or an incorrect amount is shown, iFuorimisura reserves the right not to accept the Order placed on the basis of the incorrect prices or amount, undertaking to promptly inform the Customer of what happened, also to allow him to correct the Order.

Delivery costs depend on the type of product:

- for the products in the "Custom foam rubber", "Seats and backrests", sofa, camper and boat mattresses, toppers and pillows sections, shipping costs are 15 euros.

- for bed mattresses, sofas, mechanisms, container beds and bed bases, shipping costs will have rates established from time to time as they depend on the place of shipment and the courier used.

These charges will be specifically indicated in the Order Summary, as well as in the Order confirmation email.

Customers may purchase Products on the Site only after registering on the Site. Registration is free and occurs by completing the registration form. Registration will be confirmed by email to the Customer. The registration credentials (username and password) must be used exclusively by the Customer and cannot be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no one has access to them. In case of suspicion of improper use and/or disclosure of the same, the Customer must inform iFuorimisura by email to the address: info@ifuorimisura.it

Before making a purchase, the Customer can have a cost estimate by adding the products of interest to the cart, after logging in with his credentials.

The cart does not represent any administrative constraint and does not imply any commitment from both parties. The products inserted in the cart can be modified at any time before the order confirmation.

To purchase one or more Products, the Customer registered on the Site must proceed to check out the products placed in the cart, following the instructions that will appear from time to time on the Site.

Before proceeding with the electronic transmission of the Order form, the Customer may identify and correct any data entry errors by following the instructions indicated from time to time on the Site and which will accompany the various phases of the purchase, in addition to expressly accepting the "Terms of Service".

Once the Order has been sent, iFuorimisura will send the Customer a confirmation email containing information on the essential characteristics of the purchased product, a detailed indication of the price, the payment method used, the delivery costs and any additional costs. The Customer undertakes to verify the correctness of such data and to promptly communicate any corrections by email to info@ifuorimisura.it

The Order will be archived in the iFuorimisura database for the time necessary to execute it and, in any case, within the terms established by law.

The Contract is deemed to be concluded upon delivery of the goods to the Customer through the carrier appointed by iFuorimisura.

The invoice is issued only following an express request at the time of ordering, by filling in the appropriate VAT number and Tax code fields.

Payment for Orders placed on the Site can be made exclusively using the following methods:

• Paypal: account address info@ifuorimisura.it

• Credit card/Debit card

• Bank transfer to: I FUORIMISURA srl – IBAN IT10N0306901001100000073029 - Banca San Paolo di Torino. By choosing this payment method, the order will be processed when the transfer is transferred to the current account.

• Satispay

• Scalapay

Deliveries of the Products are made exclusively on Italian territory to the destination address indicated by the Customer in the Order form. Delivery to some locations considered difficult to receive may also be excluded.

The packages containing the purchased Products will be entrusted, for delivery purposes, to a courier appointed by iFuorimisura from Monday to Friday during office hours, excluding national holidays, delivering the products to the address specified in the order. The Customer will be able to follow the tracking of his package until receipt.

The products are put into production only after having verified that the payment by the Customer has been made.

Since most of our production is made ad hoc to the specific requests of the Customer, we need the necessary time to ensure that the artisanal production process is carried out with the highest quality.

Delivery times vary depending on the products requested and are approximately as follows: - standard products in stock: from 1 to 5 working days - straight foam rubber cuts: from 1 to 7 working days - shaped foam rubber cuts: from 1 to 15 working days - mattresses: from 5 to 20 working days - sofas and beds: approximately 30 working days

However, these terms may vary for particularly bulky packages or if the delivery concerns locations that are difficult to reach, such as, for example, mountain locations, islands, or remote suburbs.

The Customer must make every effort to facilitate, according to his/her possibilities, the delivery of the Products, by being available when the courier, or iFuorimisura, tries to contact him/her for the delivery or by providing instructions for the acceptance of the delivery to his/her family members, colleagues, collaborators or to persons in charge of custody, reception or concierge services. iFuorimisura cannot be held responsible for any delay in delivery that is attributable exclusively to the courier or due to force majeure or other factors not attributable to iFuorimisura. The delivery of the ordered items is intended to be at street level.

Shipping costs are charged to the Customer and amount to: • €15.00 (VAT included)

The Customer is advised to check, at the time of delivery: • that the packaging is intact, not damaged, not wet or in any way altered; • that the closing materials (adhesive tape or plastic straps) have not been tampered with in any way.

In these cases, the Customer must report any damage to the packaging by writing "Written Control Reservation" and specifying the reason for the reservation (e.g. "holed packaging", "crushed packaging", etc.) on the courier's proof of delivery. In fact, the receipt of the Products without reservations does not allow the Customer to take legal action against the courier in the event of loss or damage to the Products, except in the case in which the loss or damage is due to fraud or gross negligence of the courier himself and with the exception of partial loss or damage not recognizable at the time of delivery. In the latter case, however, the damage must be reported as soon as it is discovered and no later than eight days after receipt.

The Customer acknowledges that the collection of the Product is a specific obligation deriving from the Contract. If the product is refused upon delivery with subsequent return at our expense, thus violating the obligation to collect, the Customer will be reimbursed minus the return costs (minimum 25 euros). In the event of failed delivery due to the absence of the recipient at the address specified in the Order form, a further delivery attempt will be made, at the end of which, if unsuccessful, the package will be "stored". In the event of failure to collect the Product, within 5 (five) working days of the first unsuccessful attempt, the Contract will be considered terminated and the purchase order consequently cancelled pursuant to art. 1456 of the Civil Code due to the Customer's unavailability. Once the Contract has been terminated, I Fuorimisura will proceed to refund the amount paid by the Customer, minus the costs of unsuccessful delivery of the Product, the costs of returning the Product to iFuorimisura and any other costs incurred due to the failed delivery caused by the absence of the recipient. The termination of the Contract and the amount of the refund will be communicated to the Customer via email.

If the goods are shipped vacuum-packed, they must remain so only for the time necessary for transportation/shipping. Packages must be opened as soon as they are received and, in the event of an error or defect, it is possible to exercise the right of withdrawal.

iFuorimisura reserves the right to refuse Orders that come from: - a Customer with whom it has an ongoing legal dispute; - a Customer who has previously violated the conditions and/or terms of the Contract; - a Customer who has been involved in fraud of any kind and, in particular, fraud relating to credit card payments. - Customers who have provided false, incomplete or otherwise inaccurate identification data and in all circumstances in which iFuorimisura deems it appropriate, at its sole discretion.

If the Customer, after payment, wishes to modify or cancel the order, he must immediately communicate this to iFuorimisura at the email address info@fuorimisura.it and also by telephone at 0112204289.

iFuorimisura reserves the right - after checking the production progress of the requested items - to grant or not grant the customer's request to modify/cancel the order.

It is not possible to exercise the right of withdrawal for all products made to measure, personalized and configurable in size (in compliance with the European directive 2011/83/EU and Legislative Decree 21/2014 on the new right of withdrawal for e-commerce).

The right of withdrawal is only possible for products with standard measurements and therefore not configurable (for example pillows, products on offer, etc.).

The customer can return the purchased product, provided it is standard, within 14 calendar days from the date of receipt of the product itself, without any penalty and without providing reasons except for the burden of bearing the costs of returning the product.

The substantial integrity of the Product is an essential condition for exercising the right of withdrawal. The Product must therefore be stored with normal diligence and returned intact, complete in all its parts, perfectly functional and free from signs of wear or dirt, must not have been altered, used or damaged.

The right of withdrawal includes:

• the sending by the Customer, within 14 calendar days, of a communication to the email address info@ifuorimisura.it con indication of the details of the purchase document and the list of items to be returned.

• When returning, the Product must be returned as received: the Customer must place the Product, complete with any accessories, in the original packaging. This packaging must then be packaged in such a way as to protect it from any damage or alteration; the order number must be placed on the packages, in a clearly visible position. The goods must be shipped by the Customer within 7 days from the date of the return communication sent by email. The costs and risks associated with the transport of the goods to be returned are entirely borne by the Customer. The Customer will be liable for any damage that the Product may suffer during transport. iFuorimisura is not liable in any way for any damage or theft or loss that may occur during the return transport of the goods returned by the Customer. For the purposes of the expiry of the term, the Product is considered returned on the date on which it is delivered to the courier.

• Only after receiving the return and only after having positively verified compliance with the terms and methods for exercising the right of withdrawal, iFuorimisura will proceed to refund the amount paid by the Customer for the Product within 14 days from the date of return of the Product. It will be the Customer's responsibility to promptly provide in writing the bank details on which to obtain the refund.

In the event that the withdrawal by the Customer is not exercised in accordance with the provisions of the law and of these General Conditions of Sale, the Customer loses the right to withdraw from the Contract, the Contract will still be in full force and, consequently, the Customer will not be entitled to a refund of the Amount.

In the event that the Customer has returned the Product in the absence of the requirements for exercising the right of withdrawal, the Contract will still be considered valid and effective.The Product will remain at the iFuorimisura warehouses, at the complete disposal of the customer for collection, which must strictly take place, at the expense and responsibility of the Customer, within 15 (fifteen) working days from the date on which iFuorimisura communicates to the Customer the forfeiture of the right of withdrawal and refund. iFuorimisura will communicate this to the Customer within 5 (five) working days from receipt of the Product to allow him to exercise his rights.

In accordance with European Directive 2011/83/EU and Legislative Decree 21/2014 on the new right of withdrawal for e-commerce, the provisions of this Directive do not provide for the application of the legislation when:

1. the contract was concluded before 13 June 2014

2. the price of the good or service is linked to fluctuations in financial market rates that cannot be controlled

3. the good is made to measure or personalized

4. the buyer is a professional or a company

5. the contract amount is less than 50 euros

If the Customer, after payment, wishes to modify or cancel the order, he must immediately communicate this to iFuorimisura at the email address info@ifuorimisura.it and also by phone at +39 01118838017.

iFuorimisura reserves the right - after checking the production progress of the requested items - to grant or not grant the customer's request to modify/cancel the order.

If the customer believes that the goods received do not comply with what is described in the order and differ from what is specified in the paragraph “Product Information” (attached below), must provide evidence of this to iFuorimisura who will verify any error and remedy it as specified below.

The Customer must send by email to info@ifuorimisura.it una or more photos that demonstrate the measurement or material error compared to what was ordered.

In the event of evidence of the error, the Customer must package the goods appropriately and iFuorimisura will, at its own expense, arrange for collection from the Customer and correct the error in the appropriate manner and resend the goods with the correct characteristics, without asking for anything in payment from the Customer.

If the customer does not want the replacement/modification of the goods for which an actual non-conformity with what was ordered has been verified, he can ask to receive a voucher of equal value to be used within one year. Fuorimisura will arrange for the collection of the goods at its own expense and after having verified the integrity of the goods will send the voucher to the customer.

It is specified that in the event that only part of the supply is not compliant, iFuorimisura will replace only the non-compliant part of the order. (For example: supply of 10 forms of foam with different sizes, one of which does not comply with the required measurements; mattress covered with a zip in which only the cover is damaged, etc.).

There is no monetary refund on custom-made goods.

Attachment - Product Information

Each Product is accompanied by a description illustrating its main characteristics, compiled on the basis of information provided by the producers of the goods/raw materials.

iFuorimisura will do its best to ensure that the images of the Products published on the Site represent as faithfully as possible the Products offered for sale. However, the colours of the Products may differ from the actual ones due to the settings of the computer systems or computers used by users to view them.

The colors of the expanded materials may vary from those indicated depending on the stock availability of our suppliers without notice. In any case, the density and characteristics declared in the description are guaranteed.

Finished product measurements are susceptible to a small degree of variability:

Expanded: the final measurement may vary by +/- 0.5 cm depending on the hardness of the foam, the temperature and humidity of the air.

Coated products: The final measurement may vary by 1% with a minimum of +/- 1.5 cm. This depends on the greater or lesser elasticity of the different fabrics. In quilted covers the difference is slightly more accentuated due to the softness and airiness of the padding contained in the quilted fabric.

Fabrics: may have slightly different colors than those visible on the site which depend on the supply received. It is also possible that, when choosing the fabric online, the color displayed on your device is slightly distorted by the screen settings.

The raw blocks of expanded foam at our disposal are 200x200x100. Within these measures we guarantee the supply of material without joints. Pieces with even just one measure exceeding these limits will be supplied joined by gluing with non-toxic products. This does not affect the final quality of the product.

In accordance with the European Directive 2011/83/EU and Legislative Decree 21/2014 on the new right of withdrawal for e-commerce, the provisions of this Directive do not provide for the application of the legislation when: 1- the contract was concluded before 13 June 2014 2- the price of the good or service is linked to fluctuations in financial market rates that cannot be controlled 3- the good is made to measure or personalized 4- the buyer is a professional or a company 5- the amount of the contract is less than 50 euros

By purchasing an I Fuorimisura product, the Customer is entitled to a 2-year warranty (unless otherwise indicated). All our products are in fact guaranteed for defects arising from the production process that may appear during the 2 years starting from the date of delivery of the product.

2-year warranty - The warranty means the free repair or replacement of the product or its components that are defective in manufacturing or material - The warranty does not cover accidental damage. iFuorimisura declines all responsibility for any damage that may, directly or indirectly, arise to people, things or animals as a result of failure to observe the instructions indicated in the instructions attached to the product and concerning, especially, the warnings regarding use and maintenance.

10 year warranty (valid for mattresses where indicated).

This warranty expressly recognizes the rights provided for in favor of the consumer by the legislation on the sale of consumer goods. The consumer may therefore assert these rights against the seller under the conditions and terms provided for by the aforementioned legislation and by this legal warranty. The good is guaranteed for a period of 10 years from the date of purchase. In any case, to assert the warranty, the interested party must report the lack of conformity to the seller in writing within two months from the date of discovery, under penalty of forfeiture. This warranty does not apply in all cases of improper use of the good; in particular, it does not cover any depressions in the surfaces used of less than approximately 20 mm; as these values ​​are considered physiological for the settling of materials subjected to the weight of the human body (tolerances and measurements compliant with the UNI EN 10707 and UNI EN 1334 standards).

The mattress supporting structure, fabrics, padding and stitching are covered by this guarantee, if the related defects affect the functionality of the mattress. A tolerance of +- 3% on the measurements, due to the assembly of elastic components, is to be considered normal and does not constitute a defect. The guarantee provided includes the free repair or replacement of the defective part or component or, only where this is impossible, the replacement of the product.

Furthermore, non-conformities due to negligence or carelessness in use, such as failure to observe the following instructions for use and maintenance or damage during transport, or due to circumstances which, in any case, cannot be attributed to manufacturing and/or conformity defects, are not covered by this warranty.

Fuorimisura reserves the right to verify the existence and nature of the reported defect; in the event that the defect is not found or is not attributable to manufacturing defects and/or conformity, the Customer will be required to pay the fixed call-out fee in force on that date. The territorial limit of this guarantee is the territory of the Italian Republic. Furthermore, it is added that each year the value of the goods will decline by 1/10 compared to the initial purchase value. The company may decide to change the color of the materials compared to what is indicated on the promotional channels, but undertakes to respect the densities and physical characteristics indicated so that the products maintain the indicated quality and do not deteriorate. Finally, it is certified and guaranteed that the glues used are compliant with respect for the environment and people, these are water-based glues and this may give rise to a slight beginning of detachment of the various layers which however does not affect in any way the duration and consistency of the mattress.

The warranty is void in the following cases: - Alteration or modification of the product or part of it - Use other than the declared intended use - Failure to comply with the instructions for use and maintenance reported - Deterioration due to normal wear and tear - Deterioration caused by external agents such as fire, water, steam - Damage to the product resulting from use not commonly conceived - Negligence and carelessness in use - Dissatisfaction, on a subjective level, with the performance and/or characteristics found at the time of purchase - Any repair or replacement of the product or its components does not extend the duration of this warranty which will continue, in any case, until the expiry of the 2 years as foreseen - Any tears, unstitching, holes, stains in the fabric or other imperfections that do not affect the functionality of the product must be contested at the time of delivery. If these problems occur after 8 days from delivery of the product, the warranty is void.

We remind you that our products are exclusively Made In Italy, a guarantee of quality, craftsmanship and technology. The products are subjected to strict controls and meet the most stringent safety standards.

I Fuorimisura and all materials contained therein, including, but not limited to, images, text, graphics, logos, patents, trademarks, photographs, audio, video, and all related Intellectual Property Rights, are the exclusive property of I FUORIMISURA srl

Any reproduction, alteration, transmission, publication or redistribution to third parties for commercial purposes is prohibited by the Industrial Property Code, the Copyright Law and the provisions of the Civil Code currently in force and cannot be carried out without the prior written consent of I FUORIMISURA srl

By using the site you automatically agree to receive any promotional messages from iFuorimisura, by post, email or other contact method you may provide to us (including your phone number for calls or text messages). If you do not wish to receive such promotional materials or notices, please let us know at any time.

For contacts, requests for assistance and complaints: - e-mail: info@ifuorimisura,it - phone: +39 01118838017