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Terms and Conditions

The offer and the sale of products on our website ("deplain.com") are governed by the following General Sale Conditions.

Products purchased on Deplain.com are directly sold by Deplain s.r.l. ("Deplain"),  with legal office in Italy, via Nicolò Gallo, 14 90139 Palermo, Iscr. Reg. Imp. PA - 311219,   P.IVA n. 06289000827, Cap. Soc. Euro 10.000,00 int. vers. For further information please go to Customer Service. You will find information about orders and shipping, refund and return of products purchased on deplain.com.

Please remember you can always contact Deplain, by e-mail (info@deplain.com) or by telephone +39 0918400258. For further legal information, please read:  General Use ConditionsPrivacy Policy and Right to Cancel.  These general terms have as subject the purchase of products in the distance by telematic web through the website www.deplain.com. 

The purchase operations are governed by dispositions in the D. lgs. n. 185 del 22.5.1999, while the privacy protection will be governed by D. lgs. 196/03. These general terms can be updated or changed by Deplain at any moment, without advice, and will be valid when published on the website www.deplain.com. 

The customer is required, every time there is a change in these general terms, to read them and, it he thinks so, to print and store them. With on-line sale contract we mean a contract in the distance between a supplier, Deplain, and a customer, about a sale in the distance system arranged by the supplier, such as the legal instrument with mobile goods and/or services, which for this contract uses exclusively the long-range communication mean known as internet. The customer is the physical person who purchase goods and services for aims directly or not referring to the professional activity eventually done.  

 
1. ACCEPTING SALE CONDITIONS

1.1 Conditions in the introduction are great and essential part of this contract. 1.2 All the contracts will be agreed directly through the Customer (business or privates) access to website www.deplain.com . As such, the Customer can agree the contract for the product purchased carefully following the described indications and procedures. 1.3 These general sale conditions must be examined by the customer, before the accomplishment of the purchase procedure. Releasing order confirmation implies the complete knowledge of them and their acceptation.

1.4 The customer, sending online the order confirmation, agree without conditions and is required to observe, in his relationship with Deplain, the following general and payment conditions, declaring to know them and accepting all the indications provided in compliance with the laws before described, being aware that Deplain is not binding to different conditions if not previously agreed in writing.

1.5 Any order done toward Deplain involve from the customer the acceptation without reserve of all these general sale conditions. Therefore, no eventual clause from the customer (about general purchase conditions, order vouchers, mailing or any other documents) can avoid these conditions. We underline that our pictures have no contract value. If the customer wants to cancel an order already accepted by Deplain, payments on account will be held as partial indemnity, but they do not limit the possibility for Deplain to request the refund of harms eventually caused by this cancellation.  
 

2. SALE PRICES AND PURCHASE WAYS

2.1 All sale prices of the exposed products indicated within the www.deplain.com, meant as public offer in compliance with art. 1336 c.c., are with I.V.A. included.

2.2 The total shipping cost till the customer home address is charged to the customer, unless otherwise specified. This price, however, will be told to the customer before the order confirmation.

2.3 The purchase agreement is built up through the exact compilation and the authorization to purchased shown by the form online after subscription.

2.4 The customer may pay the ordered items by using the payments forms indicated online at the time of the purchase.

2.5 Prices of different way of transport are referred to the weight, the volume and the delivery destination.

2.6 Deplain s.r.l. holds the right to change at any time and without any advice its prices in order to be adequate to its suppliers pricing policy.  
 

3. DELIVERY FORMS

3.1 Deplain will provide to deliver to its customers, at the address the customer says, selected and ordered product, by forms specified in the previous article, through couriers.

3.2 Purchased merchandise will be delivered by the terms indicated by art. 6 D.lgs. 185/1999. The supplier has not responsibility for missing delivery due to situations of force majeure or eventual cases.

3.3 The customer must verify, when he got the product, its compliance with the order he has effectuated; after this checking, expert this withdrawal right at point n° 8 the customer shall subscribe delivery documents.

3.4 At the time of the delivery, the customer must check the integrity of the items, the integrity of packages and their quantity and quality compliance with what is indicated in the document. In case of non-conformity, this must be reported in the same sheet and confirmed, by 7 days, via fax or registered mail a.r., a Deplain s.r.l via Nicolò Gallo, 14 90139 Palermo – Termini Imerese (PA). Even with intact package, the item must be verified by 7 days since the delivery. Eventual hidden anomalies must be reported by writing or via fax or registered a.r.. Every report after these terms will be not considered. For every statement, the customer holds its responsibility about what he declared.

3.5 Delivery to the home-address, except when otherwise decided by written, will be at ground floor during the business hours: from 8.30 a. m. to 1.00 p. m and from 2.00 p.m. to  6.00 p. m., of every business day, from Monday to Friday.

3.6 The customer is held to be available at the hours at point 3.5, in order to avoid any more fee for delivery failures by the courier, otherwise those fees would be on customer’s expense.

3.7 Deplain is not responsible for damages caused by the vector to purchased products.
 

4. PRODUCTS AVAILABILITY

4.1 The customer can purchase only products actually in the electronic catalogue displayed online at www.deplain.com . If the online inquiry overcomes the available quantity o fan item, Deplain will accept the purchase only for what is available in its virtual stock. Deplain Customer Service will let the customer know (when and how it wishes) if ordered products will be or not available in future.
 

5. RESPONS IBILITY

5.1 Deplain is not responsible for downtime dye to causes of force majeure, such as accidents, explosions, fires, strikes/blocks, earthquakes, flood or other similar events preventing, at all or in part, to deliver in time.

5.2 Deplain is not responsible towards anyone for harms, loss and charges due to not-execution of the contract for the above mentioned causes, for the customer holds the right to have only the price refund. 

5.3 Deplain is not responsible for the eventual fraudulent and illicit use by others of credit cards, checks and other form of payments, when the products are paid. Deplain can never know the customer’s credit card number, which is directly transmitted to the banking service manager through a protected connection.
 

6. WARRANTIES AND ASSISTANCE

INTRODUCTION  Deplain buys dyrectly and it is official partner of the producer and/or distributer company on  our website. These brands have been selected for the high quality and the standard control effectuated of their own production. All our products are covered by warranty for every imperfection or lack pertaining to the product itself, to be pointed out by 8 days since the discovery. We shall replace the product with no further expense from you and refund the customer, in compliance with the  Italian Civil code articles 1519 quater and sexies.

6.1 Deplain, provider for the website www.deplain.com, markets high level quality products. Produces provide a warranty long as the type of the purchased product. Warranty shall start from the day of purchase. This service is directly provided by goods producer companies.  
 

7. OBLIGATIONS OF PURCHASER

7.The customer agrees, when ended the online shopping process, to print and store this general terms, he previously read and accepted as obligatory step of the purchase, and to print and store the products characteristics, in total compliance with art. 3 e 4 del D.lgs. n.185/1999.

7.2 These general terms can be updated or changed at any time by Deplain, which shall publish them on its website. The customer shall print and store them every time these general conditions will be changed.

7.3 The purchasers is not permitted to enter false data, and/or invented, and/or by fantasy, in the registration form need to activate the iter to pursue this contract and its further communications; personal details and e-mail must be the customers real personal data and not other or fantasy data.

7.4 It is forbidden to do double subscription relating to one person or to enter other people data. Deplain holds the right to prosecute any abuse, to protect all the customers.

7.5 The Customer releases Deplain from any responsibility deriving from the emission of wrong fiscal documents due to data errors provided by the Customer, because the Customer is the only responsible of their correct entering.
 

8. RIGHT TO CANCEL

8.1 In compliance with art. 5 del D.lgs. 22th may 1999, n. 185 the customer holds the right to canel, by giving back the received good and getting the price paid refund.

8.2 You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us (Deplain srl, via Nicolò Gallo, 14 90139 Palermo, Italy, sales@deplain.com, +39 0918400258)  of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). 

You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.

8.3 Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

8.4 The Customer shall send back the goods or hand them over to us at the address:
Deplain srl, via Nicolò Gallo, 14 90139 Palermo, Italy


without undue delay and in any event not later than 14 days from the day on which the Customer communicates the cancellation from this contract to us. The deadline is met if the Customer sends back the goods before the period of 14 days has expired. The Customer will have to bear the direct cost of returning the goods. 

8.5 Unwanted items must be returned in a fully resalable condition. Please note, in case of good returned in not-reselling conditions, the equivalent amount of the value reduction of the item may be retained.
Returned products must not show any signs of wear. You are only responsible for the decrease of the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. Please return the products in a safe condition in the original or similar packaging to ensure that the products arrive in excellent condition. The lack of the original packaging will be considered as a decrease in the value of the goods.

8.6 The right to cancel cannot be exercised by the Customer if the Products purchased have been made to the consumer's specifications, are made to order, are clearly personalized or goods which are liable to deteriorate rapidly.

9. AUTHORIZATIONS

9.1 Filling the dedicated field, present on the website, the Customer authorizes Deplain to use his own credit card, or other card, and to charge on his own checking account, aid to Deplain, the total amount of the online purchase. All the procedure is done through protect connection linked to the bank provider and manager of the online payment service, which Deplain cannot enter.
 

10. END OF THE CONTRACT AND EXPRESS TERMINATION CLAUSE

10.1 Deplain has the faculty to end the contract agreed by simply communicating it to the customer telling the reason; in this case, the customer will hold the right exclusively to have the eventual amount already paid.

10.2 The obligations held by the customer in compliance with 'art. 7 (Customer Obligations), and the warranty of the payment the customer will effectuate by the means in compliance with art. 2, has an essential character, so that for the expressed contract, the non-fulfillment, by the Customer, of just one of these obligations, will determine the end of the contract  ex art.1456 c.c., without any judgment, except the right held by Deplan to act to gain the reimbursement of the further harm.
 

11. PRIVACY

INTRODUCTION Deplain totally respect your privacy. Data you will comunicate to us through electronic devices will be used by Deplain just to let us manage your orders and shipping. In compliance with D. lgs. 196/03 "Codice in materia di protezione dei dati personali", all the information related to personal data, orders and payments are strictly reserved. We ensure in no case and for no reason we will communicate your personal data to other people but Deplain s.r.l.

11.1 Your personal data are collected in order to register the customer and activate the procedures for this agreement and relating communications; these data are electronically treated in compliance with current laws and will be made known on request by the judiciary authority or other authority authorized by law.

11.2 Personal data will be communicated to people who must do all the activities to execute the agreement and will be made known only for this aim.

11.3 The person concerned holds the rights in art.13 L.675/1996, such as: to ask confirmation of its personal data at Deplain address; to know their origin, how and why they are used; to obtain their updating, correction and integration; to ask their cancellation, changing them into an anonymous way or their block in case of illicit use; to oppose against their legitimate use or for commercial use, commercial information or marketing researches, direct sale and interactive commercials.  

11.4 Obtaining its own personal data cancellation is subjected to a written communication sent via fax or mail to the company office.

11.5 Deplain s.r.l. is holder responsible of collection and use of personal data.
 

12. JURISDICTION AND GOVERNING LAW

12.1 Every dispute related to application, execution, interpretation and violation of purchase contracts agreed on-line through the website deplain is governed by Italian law; these general terms are, for what not here precisely said, to the combined in compliance with D.lgs. n. 50 of 15.1.1992 and D.lgs. n. 185 of 22.5.1999.

12.2 Every dispute between the parts about this contract will be exclusively with the remit of the Foro di Palermo.

13. ONLINE DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/.
We do not intend to participate in dispute settlement proceedings before a dispute resolution body.


 
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