General Terms & Conditions
General Terms & Conditions ONEPLOT SRL
1. On-Line Contract and Definition
1.1. An on-line supply and sales contract is a distance contract, namely a legal transaction for the sale of goods and chattels and/or services, stipulated between a Supplier, Oneplot S.r.l. (hereinafter called Oneplot and/or The Supplier), Registered Office based in Lodivecchio (Lodi), V.le Europa nº 38, VAT Nº 07514570964 (Business Register of Lodi n.07514570964), and holder of the website www.Oneplot.com (hereinafter called "The Site"), and a Customer, within a distance selling system organized by the Supplier, who makes use for this contract of a remote communication technology called "Internet". This kind of contract shall be stipulated through the Customer's direct access to the Internet site http://www.Oneplot.com, where, following a set of specified procedures, he shall be able to conclude a contract for the purchase of goods.
1.2. The terms goods and chattels and/or products object of this contract refer to the product/s ordered through the Web by the Customer to Oneplot, which shall be made to measure or personalized by the Supplier according to the Customer's specifications.
1.3. The term file-image refers to the image loaded by the Customer on the website and sent to Oneplot in order to be personalized and/or made to measure by the Supplier.
1.4. The term Customer refers to the purchaser - whether a natural person and/or a corporate body - of the product made to measure and/or personalized by Oneplot.
1.5.The term Consumer refers to a customer/natural person who buys goods and services for reasons not directly related to his professional, craft, or trading activity, and does not buy the product through a Oneplot order form reporting his VAT registration number.
1.6. The term Order Form refers to an electronic form filled out by the Customer on the website and forwarded to Oneplot.
1.7. The term Purchase Order Confirmation or Receipt refers to the order confirmation sent by Oneplot to the Customer's e-mail address.
2. Sales Conditions
2.1. Product offers and sales through the website are regulated by the following general Sales Conditions, which may be subject to changes depending on subsequent provisions of the law and/or regulations. Any change brought to these general sales conditions shall become effective as soon as published on the website, and shall refer to the sales made from that moment on.
2.2. To formalize a purchase order concerning one or more Oneplot products, the Customer shall fill the electronic order form out, and forward it to Oneplot (hereinfafter also called "The Supplier") following the instructions specified in the order form.
2.3. A contract stipulated between Oneplot and a Customer shall become effective as soon as the Customer receives from Oneplot the order confirmation, and Oneplot, in turn, receives the confirmation of the payment made by the Customer for the ordered product/s.
2.4. Through the forwarding of the order form according to the specified procedure, the Customer declares to have carefully examined all the indications of the purchase procedure, and to integrally accept the general sales and payment conditions laid down in the contract he commits himself to comply with.
2.5. In the event that the Customer is a Consumer, after having completed the on-line purchase procedure, he shall print a copy of these General Sales Conditions, which have to be kept according to the provisions concerning distance sales under Art. 53, Law Decree 206/2005.
2.6. In the event the Customer is a Consumer, the withdrawal right under Art. 64, Law Decree 206/2005, shall not apply to this contract, since Art. 55, par. II, item d) of the same Law Decree shall instead be applicable.
2.7. Any right of the Customer to damage compensation or indemnification is excluded, as well as any Supplier's contractual or non-contractual responsibility for direct or indirect damages to persons and/or objects caused by non-acceptance, even partial, of an order.
2.8. These general sales conditions do not regulate the supply of services or the sale of products made by different subjects from the Supplier, who are included in his website through links, banners or other hyperlinks.
3. Selling Prices and Buying Procedures
3.1. Unless otherwise indicated, all selling prices of the products included in the website are inclusive of TVA and any other tax.
3.2. Product delivery costs shall be paid by the Customer, and are duly highlighted in the order form the Customer is asked to examine carefully before confirming the order. In case of deliveries to foreign countries, the Customer shall pay all additional costs depending on taxes and other charges provided for by the regulations in force in the country of destination.
3.3. Product prices may be subject to updating. Customers are therefore asked to check the correct end selling price before forwarding the order form.
3.4. The correct reception of the order form shall be confirmed by Oneplot through an order receipt/confirmation to be sent to the Customer's e-mail address. This order confirmation shall contain a summary of the information and data included in the order form. The confirmation message shall also report the foreseen delivery date of the order, as well as a "Customer Order Number" to be used for any further communication to Oneplot.
3.5. The Customer agrees upon receiving communications by e-mail. The Customer agrees that any agreement, notification, disclosure and other communications received by e-mail comply with all legal requirements concerning written communications.
4. Terms of Payment
4.1. The Customer shall pay the ordered product/s according to the terms of payment communicated on line in the order form, as specified in the following paragraphs.
4.2. Payment by Credit Card: in the event a product is purchased through a Credit Card, the issuing bank shall authorize the payment of the amount concerning the ordered product/s contextually with the conclusion of the on-line transaction. The amount concerning the purchased product/s shall be debited to the Customer's credit card as soon as the order form has been forwarded to Oneplot.
4.3. In case of order cancellation, either by the Customer or because the order has not been accepted by Oneplot, the latter shall contextually require the annulment of the transaction and the release of the sum and/or the reimbursement of the prepaid amount to the Customer. For some kinds of credit cards, release times depend exclusively on the bank system and may reach their natural expiry date (24th days after payment authorization). In no case Oneplot shall be held responsible for any direct or indirect damage caused by non-release of the amount tied-up by the bank system.
4.4. In case of payments by credit card, all requested financial information (i.e. credit/debit card number, expiry date, etc.) shall be forwarded, by encrypted protocol, to the banks providing the electronic distance payment service, so that no third party may have the possibility to accede those data. In addition, this information shall be used by the Supplier only for the purpose of completing the purchase procedures or, if necessary, to prevent or report to the police any fraud committed on the website.
4.5. As a consequence, in no case Oneplot shall be held responsible for any fraudulent use or misuse of a credit card by third parties as regards the payment of products purchased on the Oneplot website.
4.6. Advance Bank Transfer: in case of payment by Advance Bank Transfer, the order placed by the Customer shall be put on hold until the reception of the bank transfer notification, to be forwarded by fax or e-mail to Oneplot within 3 working days from the date of the order confirmation sent by Oneplot to the Customer.
4.7. The Parties agree that product personalization and/or tailoring according to Customer's specifications shall be made only after the actual deposit on the current account of Oneplot of the amount due, which shall be settled within 7 working days from the mailing date of Oneplot order confirmation to the Customer. After this term, the order shall be automatically cancelled.
4.8. The Customer takes note and accepts not lo lay any claim to Oneplot, and to relieve the Supplier from any responsibility, now for then, in case of order cancellation. The amounts received by Oneplot for the payment of a cancelled order shall be sent back to the Customer.
4.9. The reason for payment area of the bank transfer shall report the following data:
a) order reference number;
b) order date;
c) full name of the Customer who placed the order.
5. Delivery Terms and Expenses
5.1. For each order placed through the website, Oneplot shall issue an invoice referring to the supplied material. The invoice shall be sent either by e-mail or by traditional mail to the purchaser, under Art. 14, Law Decree 445/2000. The data and the information provided by the Customer by placing the order shall be reported on the invoice. No modifications can be brought to the invoice after issuing.
5.2. Delivery charges shall be paid by the Customer, and are clearly reported on the order form.
5.3. Oneplot shall not be held responsible for delays in the delivery of the ordered products.
5.4. Unless otherwise explicitly indicated by the Customer Service of Oneplot, goods shall be delivered to the Customer at street level through a carrier chosen by the Supplier. On reception of the product/s delivered by the carrier, the Customer is required to check:
a) whether the number of delivered parcels does exactly correspond to the number of parcels listed in the delivery note sent in advance by e-mail;
b) whether the packaging is intact, undamaged, neither wet nor altered also as regards sealing materials (scotch-tape or metal straps).
5.5. Any damage to the packaging and/or to the product, or the non-correspondence of the number of parcels or indications, shall be immediately reported and contested by the Customer, by adding the clause "Goods Unchecked" on the carrier's delivery note. Once the carrier's delivery note is signed, the Customer is not entitled to make any claim as regards the outer aspect of the delivery.
5.6. In case of the carrier's impossibility to deliver the goods to the address specified by the Customer on his order, the carrier shall keep the goods in stock for ____days. In case of non-collection of the delivery in stock at the carrier's warehouse within ____ working days, the stocking expenses shall charged to the Customer.
5.7. Non-collected goods shall be subsequently sent back to Oneplot, which shall keep the goods at Customer's disposal for delivery within 60 days.
5.8. The Customer shall be then entitled to collect the delivery whether directly at Oneplot premises, or after having communicated a new delivery address, only after having paid the expenses for the product stocked by Oneplot.
6. Responsibility
6.1. Oneplot shall not be held responsible for ill service attributable to force majeure or acts of God, such as accidents, explosions, fire, strikes and/or lock-outs, thefts, earthquakes, floods, and similar events capable to partly or completely prevent the execution of the order within the time specified in the contract.
6.2. Oneplot shall not be held responsible towards any party for damages, losses, and extra-costs depending on contract non-execution due to the aforementioned causes, and the Customer shall have only the right to be reimbursed of the paid price.
7. Purchaser's Obligations
7.1. The Customer is strictly prohibited to enter false, and/or invented, and/or fancy data in the registration procedure required for setting up the execution of this contract and related additional communications. The personal data and e-mail address communicated by the Customer must be real and exclusively related to his person, and not to third parties, or a figment of one's imagination.
8. Intellectual Property
8.1. All contents of the Oneplot website are Oneplot exclusive property, or third parties's property Oneplot applies to in order to receive from them a reproduction licence, or an authorization to use their products for the purpose of personalizing or tailoring its own products according to Customers' requirements.
8.2. As a consequence, their even partial unauthorized reproduction, duplication, distribution and use, are indictable under Law nº 633/1941 and the international law on copyright matters.
8.3. Therefore, the purchase of a product does not grant the purchaser any right to use the website contents.
8.4. Consequently, as an illustrative yet incomplete example, the Customer is not entitled to:
a) distort, modify, and manipulate the website contents;
b) remove the code or the data, which allow identifying an image included in the website;
c) disable the link associated to the image of a product, or to link said image to a destination other than the website;
8.5. The software used by the site is exclusive Oneplot property, protected under Law 633/1941 and the international law in force on copyright matters.
8.6. All trademarks, charts, logos, page headlines, push-button icons, scripts, and service names whatsoever, shall not be used for trading purposes or for any other reason or purpose without the prior written consent of Oneplot.
8.7. All trademarks appearing on the website different from those belonging to Oneplot, and which do not represent Oneplot property, are property of their respective holders and their use needs the trademark holder's prior written consent.
9. Image Files Loaded by the Customer on the Website for Product Personalization Purposes
9.1. The Customer declares to hold the economic utilization right of the files/images, and/or to have requested and obtained the necessary authorizations from the proprietors of the files and images loaded on Oneplot website, or sent to the Supplier, in order to allow Oneplot tailoring and personalizing the products according to the Customer's specific requirements
9.2. The Customer relieves Oneplot from any responsibility depending on violation of Law nº 533, April 22, 1941, Consolidated Law on Cultural Heritage (Law Decree nº 42, January 22, 2004) and/or other laws and regulations in force, as well as depending on any content in a position to defame and/or give offence to third parties, and takes the full responsibility upon himself for the publication and/or loading of the images files on the website, and/or their transfer to Oneplot.
9.3. Consequently, the Customer shall be accountable to Oneplot for a legitimate and peaceful exercise of the economic utilization rights under Art. 12 and ss. and Art. 87 and ss., Law 633/1941, of the required authorizations under Consolidated Law on Cultural Heritage (Law Decree nº 42, January 22, 2004), as well as further authorizations required by the law in force. The Customer commits himself to relieve Oneplot from any responsibility concerning possible claims and pretensions laid by third parties as regards the aforementioned image files, and commits himself to bear any charge and expense claimed to Oneplot in relation to such image files.
10 Product Delivery Time
10.1. Products ordered in compliance with the procedure provided for in this contract, shall be delivered to the Customer within the approximate term specified in the order confirmation.
10.2. Delivery times may be subject to changes, depending on delivery destination.
10.3. In any case, Oneplot denies liability for any delay and/or ill service depending on unforeseen events or technical accidents for which the carrier chosen by the Supplier Oneplot has to be considered the only responsible subject.
11. Cooperation with the Judicial Authorities
11.1 Oneplot reserves the right to forward to the judicial authorities, upon specific request thereof, the material published on its website and/or sent to it.
11.2. Oneplot reserves also the right to cooperate, upon specific request thereof, with any other authority in charge.
11.3. Oneplot reserves the right to report to the competent authority any action proving detrimental to human dignity, and especially any abuse and/or ill treatment toward minors, should such an occurrence emerge from the image files loaded by the Customer on Oneplot website.
12. Complaints
12.1. All complaints shall be sent to the Supplier's head office address:
Oneplot S.r.l.
V.le Europa n.38
Lodivecchio, (Lodi) IT
13. Applicable Law
13.1. This contract is regulated by the Italian Law, and in particular by Law Decree nº 206/2005 (the so-called "Consumer Code") and Law Decree nº 70/2003 in relation to some aspects concerning e-commerce.
14. Jurisdiction and Competent Court
14.1. In the event of controversy between the Supplier and the Customer in connection with the General Sales Conditions, the Supplier guarantees, as from now, his full adhesion to and his acceptance of the Arbitration service RisolviOnline. RisolviOnline is an institutional, independent legal advice service provided by the Arbitration Board of the Chamber of Commerce of Milan, which allows users to safely resolve disputes and amicably reach a satisfactory agreement on the Internet with the help of a qualified neutral justice of the peace. Further information on the Risolvi Online regulation, or for applying for an arbitration request can be found on the website: www.risolvionline.com
14.2. Otherwise, for the resolution of any controversy arising from this distance sales contract, the competent jurisdiction is exclusively entrusted to the Court of Piacenza.
Specific Approval of Oppressive Clauses
AIn compliance with, and to all legal effects of Art. 1342 and 1342, Civil Code, after having carefully examined and reviewed all the articles of this Agreement, the Customer declares to approve and accept the following clauses:
Art. 2 Sales Conditions
Art. 3 Selling Prices and Purchase Procedure
Art. 4 Payment Terms
Art. 5 Delivery Terms and Expenses
Art. 6 Responsibility
Art. 7 Purchaser's Obligations
Art. 8 Intellectual Property
Art. 9 Image files Loaded by the Customer on the Website for Product Personalization Purposes
Art. 10 Product Delivery Time
Art. 13 Applicable Law
Art. 14 Jurisdiction and Competent Court