GENERAL CONDITIONS OF SALE

 

Captain Deepesh is a Trademark of SC Web Agency

Registered office: 57, Rue Paradis - 13006 Marseille (FRANCE)

Headquarters: Via Paolo Uccello 36 - 52100 Arezzo (ITALY)

Tel: +39 339.6777158

Email: info@captaindeepesh.com

VAT number :  FR 92810499467

Share Capital: € 10,000.00 int.vers .

 

DEFINITIONS

The terms and phrases listed below have the meaning indicated, it being understood that the terms defined in the singular are also understood to be defined in the plural and vice versa.

Customer: means any person who purchases one or more Products / Services offered through the Online Shop by accepting these General Conditions.

Parties: means jointly SC Web Agency and Clients.

General Conditions of Sale: means these General Conditions and any future new versions that may be published in the Online Shop by SC Web Agency .

Online shop: means the virtual shop, managed by SC Web Agency and accessible via the URL https://www.captaindeepesh.com through which it is possible to purchase Gold and Silver Jewels.

Contracts: means the contracts concluded between SC Web Agency and the Customers through the On-Line Shop.

Orders: means the purchase orders of the Products sent by the Customers, in accordance with these General Conditions of Sale.

Price: means the price of the Products as indicated in the On-Line Shop corresponding to the Products / Services themselves.

Consumer: according to the relevant definition pursuant to art. 3 Legislative Decree no. 206/2005 (Consumer Code) is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

Service: means the service offered in the On-Line Shop.

Product: means the good offered in the Online Store.

Shipping costs: means the amount due for the delivery of the product.

OBJECT

The General Conditions of Sale govern all the Contracts concluded between the parties and form an integral part thereof.

The General Conditions of Sale of the contract are amended from time to time also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on the Online Shop.

PRICE

The Price is expressed in € (Euro). The applicable Price is the one published in the On-Line Shop at the time the Orders are placed by the Customers.

The displayed price includes the value added tax (VAT) provided for the type of good.

THE CART

The cart allows you to immediately check the products entered, with their unit cost including VAT. You can decide the quantities to buy for each type of product chosen or delete from the cart one or more products that you have decided you no longer want to buy. A series of buttons allow you to:

* update the cart after making cancellations or quantity changes;

* delete the products individually;

* return to the home page.

Once the cart has been filled with the desired products, it is possible to carry out the actual purchase and the choice of the form of payment.

CONCLUSION OF CONTRACTS

The contract will be finalized through the following phases:

By sending the Order, the Customer will send SC Web Agency a proposal to purchase the selected product or products.

The Contracts are considered concluded between the Parties when the Customers receive the Order Confirmation with the assignment of the order number. The Order Confirmation contains a summary of the General Conditions of Sale, the information on the right of withdrawal, information relating to the essential characteristics of the product and a detailed indication of the price, means of payment and delivery costs with indicative indication delivery times. 

By sending the Orders, Customers declare that they have read all the instructions relating to how to purchase the product and that they have fully accepted the General Conditions and that they have read all the additional information contained in the On-Line Shop, also referred to via link.

SC Web Agency reserves the right not to process purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products .

It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics but may differ in color tones, dimensions, accessory products in the figure. The presentation of each product contained in the site is merely an example and does not constitute a declaration or guarantee on the part of the actual characteristics and performance of the goods sold.

The parties, at all stages of the formation and conclusion of the contract, must behave according to the general principles of correctness and good faith sanctioned by articles 1175, 1337 and 1375 of the Civil Code.

TERMS OF PAYMENT

SC Web Agency allows customers different payment methods listed below:

PAYPAL. For online payments SC Web Agency also makes use of the PAYPAL system Once this payment method has been chosen, the Customer will be directed to the secure Paypal server whose general conditions of contract must comply with. In no case SC Web Agency can therefore be held responsible for any damage resulting to the Customer from the use of the services offered by Paypal .

Credit card The circuits accepted for payments on the site are Visa, Mastercard , American Express through the STRIPE payment form

Cash on delivery. Choosing this method, the Customer will make the payment directly upon delivery of the product exclusively by cash. 

DELIVERY OF PRODUCTS

The Products are delivered to the address indicated by the Customers.

Customers, or other subjects appointed by the Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that the packaging / packaging of the Products is intact, not damaged or otherwise altered.

Any damage to the packaging / packaging of the Products must be immediately contested by the Customers by affixing a written control reserve on the proof of delivery.

In the event that the carrier has been chosen by the Customer other than those proposed during the purchase phase, the risk of damage and perishing of the Products is transferred to the Customer already at the time of delivery to the carrier itself, precluding any dispute regarding the characteristics external than what was delivered. In the latter case, any dispute must be raised directly by the Customer against the carrier.

LEGAL GUARANTEE OF CONFORMITY

All products marketed enjoy the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code which covers any lack of conformity of the items purchased, existing at the time of delivery and which occur within 2 years of delivery. Any defects or damage caused by accidental events or by the Customer's responsibility for use of the products that do not conform to their intended use or effect of normal wear and tear are excluded from conformity defects and, therefore, from the legal guarantee. To benefit from this guarantee, the Customer must report the lack of conformity within two months of discovery, under penalty of forfeiture with a communication addressed to the headquarters of SC Web Agency accurately indicating the defects and defects found. The Customer can ask the seller, at his choice, to repair the good or replace it, free of charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other. The Customer can request, at his choice, an appropriate reduction in the price or the termination of the contract where: the repair and replacement are impossible or excessively expensive; the seller has not repaired or replaced the goods within the appropriate period as provided for in paragraph 5 of Article 130 of the Consumer Code; the replacement or repair previously carried out has caused considerable inconvenience to the consumer.

SHIPPING FEES

The shipping costs will be calculated automatically and will be indicated, separately from the Product Price, before sending the Order by the Customers.

RIGHT OF WITHDRAWAL AND ITS EXCLUSIONS

Customers "Consumers" according to the relevant definition pursuant to art. 3 Legislative Decree no. 206/2005 - that is a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out - have the right, pursuant to and for the purposes of art. 52 of Legislative Decree no. 206/2005 as amended by Legislative Decree 21/2014 to withdraw from the Contract without having to provide any reasons within 14 days of receipt of the Products.

Therefore, customers who cannot define themselves as consumers within the meaning of the indicated definition and in particular natural or legal persons acting for purposes related to their entrepreneurial, commercial, craft or professional activity are excluded from this right.

The right of withdrawal can be exercised by the Consumer Customer with any explicit declaration of the decision to withdraw from the contract, for example he can send a communication by email to info@captaindeepesh.com

The Customer must return the products to SC Web Agency within 14 days from the date on which he sent the notice of withdrawal. The cost of returning the Products following the exercise of the right of withdrawal will be borne by the Consumer Customer pursuant to and within the limits of art. 57 Legislative Decree no. 206/2005 and subsequent amendments.

If the right of withdrawal is exercised following the methods and terms indicated in this article, SC Web Agency undertakes to reimburse all payments received from the consumer customer as quickly as possible and in any case within 14 days from the date of receipt of the notice of withdrawal. Unless the Customer expressly indicates a different method of reimbursement, SC Web Agency will use the same payment method used by the Customer, at no cost to the latter.

SC Web Agency may withhold the refund until it has received the Product or until the Customer has provided proof of having returned it, whichever occurs first. It is specified that all Payments made in favor of SC Web Agency including any original shipping costs will be reimbursed to the Consumer Customer As regards the latter, pursuant to art. 56 paragraph 2 of Legislative Decree no. 206/2005 and subsequent amendments SC Web Agency is not required to reimburse the additional costs if the consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the professional.

If Customers exercise the right of withdrawal in a manner that does not comply with the methods and terms referred to in this article, Customers will not be entitled to a refund of payments made to SC Web Agency

The consumer Customer will be responsible only for the decrease in the value of the Product resulting from the manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the Product itself. 

The exercise of the right of withdrawal is excluded in the cases referred to in art. 59 of Legislative Decree 206/2005 and subsequent amendments.

By way of non-exhaustive example, the following cases are indicated in which the right of withdrawal referred to in the aforementioned article is excluded:
the supply of goods made to measure or clearly personalized;
the supply of audio or video products or computer software on CD, DVD or other media, the
packaging of which has been opened or the relative seals have been removed after delivery;
the supply of goods which are liable to deteriorate or expire rapidly;
the supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery.

APPLICABLE LAW AND JURISDICTION

The General Conditions and Contracts are governed by Italian law and must be interpreted in the light of this. Any matter relating to the Contracts will be subject to Italian jurisdiction. In particular, pursuant to art. 66-quater of Legislative Decree. 206/2005 (Consumer Code), the discipline contained in Part III, Title III, Chapter I of Legislative Decree no. 206/2005.

In the case of a "Consumer" Customer, for all disputes arising from this contract including those relating to its validity, interpretation, execution and resolution, the territorial jurisdiction is mandatorily attributed to the Judge of the place of residence or domicile of the Consumer.

ONLINE DISPUTE RESOLUTION FOR CONSUMERS

SC Web Agency informs the Consumer Customer residing in the European Union that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. This platform can be used for the resolution of any dispute arising from the stipulated online contract. The platform is available at the following link: http://ec.europa.eu/consumers/odr/