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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 Nuova Stesicoro, 266 - 90018 Termini Imerese (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 0916124383. For further legal information, please read:  General Use ConditionsPrivacy Policy and e Withdrawal Right.  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 Nuova Stesicoro, 266 – 90018 – 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 OF WITHDRAWAL

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

8.2 The customer for any reason not satisfied from the purchase, holds the right to withdraw the agreed contract, without any penalty and without specifying the reason, by 10 business days from the delivery day.

8.3 All withdrawal charges of the products are at the customer expenses who, directly or by another mean, will provide to deliver them at the seller address; all the items shall arrive at the same conditions of the deliver, with the original package and the eventual manual or instructions books part of the original packaging; the re-shipping of merchandise by another mode is not permitted.   

8.4 To have the right of withdrawal the customer, by the time above mentioned, shall sent a registered mail with return-receipt to the following address: Deplain s.r.l via Nuova Stesicoro, 266 – 90018 – Termini Imerese (PA). The communication can be send by the same time also to the following e-mail address: info@deplain.it, only if it is confirmed by registered mail with return-receipt by following 48 hours. Then, we shall refund the amounts paid by the Customer as soon as possible and, any way, by 30 days from the date of receiving, keeping the only amount of shipping expenses, which will be at the customer expenses. The right of withdrawal is only for intact products and not for products which, for their nature, cannot be re-sent or risk to be altered or fast deteriorate.

8.5 Deplain will accept withdrawn merchandise holding the right to be certain that the products arrived in the original condition and with the original packages; just in that case it shall refund the amount paid by the customer for the products purchasing.

8.6 Transport charges, at the customer expenses for delivery and eventual re-shipping to Deplain are not reimbursable.  

8.7 Deplain will not refund the Customer in case of loss or damaging of the goods during the restitution. Merchandise must be re-shipped with ensured  package postage paid, in any case packages paid on delivery or mode on delivery will be withdrawn. Right of withdrawal is not permitted in case of customized goods or custom-cut packaged products, or for goods which for their nature risk to deteriorate or to be fast altered. Our responsibility is just for the trade or return of merchandise, and we will never be responsible for direct or not direct consequences deriving from this misunderstanding.  
 

9. RETURN OF GOODS

9.1 Eventual returns will not be accepted unless previously written agreement. However, these returns must be done by postage paid, in their original package and with the initial invoice with return note mentioning the reason of return. If the return is due to a customer order mistake, we will held an amount equal to 30% of the total of the invoice as reimbursement. The paid amount cannot be reimbursed and will create a coupon valid for a year starting from the day of the issue. After this deadline, no discount can be applied for further orders. If there is a mistake in the order by Deplain and the product delivered is different from the ordered one, the Customer can request the substitution. In this case the expenses for the return will be refunded.

9.2 Whether the customer holds the right of withdrawal, as written in point  8 of these general terms, the amount to be refunded will be accredited to the same credit card.
 

10. AUTHORIZATIONS

10.1 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.
 

11. END OF THE CONTRACT AND EXPRESS TERMINATION CLAUSE

11.1 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.

11.2 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.
 

12. 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.

12.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.

12.2 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.

12.3 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.  

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

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

13. JURISDICTION AND GOVERNING LAW

13.1 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.

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


 
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