GENERAL SALES CONDITIONS FOR PROFESSIONAL CUSTOMERS (B2B)
These General Conditions of Sale govern the B2B Contracts of Sale of the Services presented and provided by the Company ITALIAN DANCE SHOES S.R.L., in the person of the legal representative p.t., pursuant to art. 1, paragraph 1.1, letter (a), concluded at a distance via the Internet on the website https://www.tangolerashoes.com, owned by the Company Italian Dance Shoes S.r.l..
Before sending the Order, the Customer, as defined below, is required to carefully read these General Conditions, made available to him on the aforementioned Sites to allow reading, storage, acceptance and storage.
These General Conditions of Sale are governed by the rules on electronic commerce (D.lgs. n. 70/2003) and by Italian law and apply exclusively to distance sales via the Internet, where the Customer is a person who buys for business or professional reasons and not for personal reasons, as defined in art. 1, paragraph 1.1, letter (e), of these General Conditions of Sale.
Art. 1) DEFINITIONS
1.1 Unless otherwise provided in the Contract, the following terms and expressions shall have the following meanings:
(a) "Seller; Società Italian Dance Shoes S.r.l., with registered office in Via il Colle n. 5 - 47853 Coriano (RN), VAT no. 04370780407, in the person of its legal representative Ms Gabriella Battista, tel +3921157481, e-mail info@tangolerashoes.com, PEC italiandanceshoessrl@pec.it
(b) "Site" or "Website": the website accessible at https://www.tangolerashoes.com URL, owned by ITALIAN DANCE SHOES S.R.L.;
(c) "Customer" means the professional, whether natural or legal person, who concludes the contract for the purchase of one or more Products and acts in the exercise of his business, commercial, craft or professional activity, or his intermediary.
(d) "Parties": Seller and Customer;
(e) "Product": each product made available for purchase through the Electronic Catalogue available at https://www.tangolerashoes.com. For each Product it is possible to view the relevant sheet containing the detailed description of the same. Product information may change over time without this being a matter of dispute. The Company Italian Dance Shoes S.r.l. may delete and/or replace the services described on the Site at any time and without notice.
(f) "Product Sheet": the page containing all the information related to the price, type of product, characteristics of the Product, particular information etc;
(g) "Prices": The prices of the Products included in the Cards are expressed in Euro and net of VAT, unless otherwise indicated. The prices of the Products published on the Site may be updated and may therefore be subject to change. The Customer will purchase the Products at the price published on the Site when placing the order. The changes do not constitute an element of dispute. The Company Italian Dance Shoes S.r.l. reserves the right to practice different promotions depending, for example, the categories of prototypes, the profile of the customer, etc.. The prices of the Products indicated in the Product Sheets do not include shipping costs and those related to the chosen payment method, which are identified and calculated according to the place of delivery and the payment method chosen at the time of the Order, which the Customer takes note of before proceeding with the Order. Unless otherwise stated, the shipping costs of the Products and the costs related to the method of payment are entirely borne by the Customer.
(h) "Order" or "Purchase Order": the communication generated automatically by the system at the end of the process of formation of the Order (check out) and received by the Seller, relating to the Customer’s Order; with the check out of the Order, the Customer acknowledges that he has complete knowledge and fully accepts these General Conditions.
(i) "Order confirmation": the communication generated by the system and visible by the Customer on the Site with which the Company Italian Dance Shoes S.r.l. declares to accept and confirm the Customer’s Order;
(l) "Contract/s" or "Purchase Contract": consists of these General Conditions and the Order Confirmation. In the event of a discrepancy between the General Conditions and the Order Confirmation, the Order Confirmation shall prevail;
(m) "Working days" and "working hours": from Monday to Friday from 8:30 to 15:00;
(n) "General Conditions": these General Conditions of Sale, which regulate the relationship between the Italian Dance Shoes S.r.l. Company and professional Customers;
(or) "Privacy Code": the rules on the protection of personal data dictated by the Legislative Decree of 30 June 2003, n. 196, as amended by the Legislative Decree of 10 August 2018, n. 101, s.m.i.;
(p) "Discipline of electronic commerce": the provisions provided for by the Legislative Decree of 9 April 2003, n. 70, s.m.i., in implementation of the Community Directive 2000/31/EC of 8 June 2000 (the c.d. Directive on electronic commerce), on electronic commerce sites
Art. 2) PARTIES TO THE CONTRACT
2.1 Parts of the Contract referred to in these General Conditions of Sale are the Company Italian Dance Shoes S.r.l. and exclusively the Customer, as defined in art. 1, paragraph 1, letter (c), whose personal data are indicated in the Order and in the Order Confirmation generated by the sales system of the Italian Dance Shoes Company S.r.l.: the latter is an integral part of the Purchase Agreement. The data of the Company Italian Dance Shoes are indicated in the previous art. 1, paragraph 1, lett. (a) of these General Conditions.
2.2 The purchase contract between Società Italian Dance Shoes S.r.l. and the Customer is subject to the discipline of Italian law and, among other things, to the specific legislation referred to in the Legislative Decree of 9 April 2003, n. 70, s.m.i., on electronic commerce.
Art. 3) SUBJECT MATTER OF THE CONTRACT
3.1 These General Conditions of Sale for Professional Customers govern the purchase, by Customers, of the Products referred to in the electronic catalog made available on the website https//www.tangolerashoes.com.
3.2 These General Conditions do not apply to Contracts concluded with Consumer Customers.
Art. 4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The contract is concluded by filling in the exact request form and agreeing to the purchase expressed through the online subscription, always after viewing an order summary web page, printable, which shows the details of the purchaser and the order, the price of the Product purchased, any shipping costs and any additional charges, the methods and terms of payment, the period within which the Product will be shipped and the existence of the right of withdrawal, if applicable.
4.2 By sending the order form, the Customer acknowledges and declares that he has read all the information provided to him during the purchase procedure, as well as the additional information contained in the Site relating to Privacy and to accept in full and unconditionally the Conditions of Sale.
4.3 The receipt of the order does not bind the Seller until the same has expressly accepted the order itself by e-mail. Please note that upon receipt of the order by the Buyer, the Seller, after checking the correctness of the payment chosen and the availability in stock of the products purchased, will send an e-mail confirming and formally accepting the order received.
4.4 The contract is concluded and is effective when the Seller sends the order confirmation by e-mail to the Customer as provided for in point 4.3.
4.5 There is no right of withdrawal in favour of the Customer.
Art. 5. Delivery procedures
5.1 The Seller shall deliver to the Buyer, at the address indicated by these, the products selected and ordered, in the manner provided for in the previous articles, by couriers and/or couriers of confidence. The delivery will take place within 3-5 working days for domestic shipments, for the countries of the European Union: 10-15 working days, plus that of shipping, while for the rest of the world 10-25 days, plus that of shipping (excluding time to complete customs formalities), all as indicated in the order confirmation.
5.2 If the Customer is absent, a notice will be left with the necessary information to contact the courier or forwarder in order to agree on the delivery methods.
5.3 No liability may be attributed to the Seller for delayed or non-delivery due to force majeure or unforeseeable circumstances.
5.4 Once the goods covered by the order have been received, the Customer is responsible for verifying the integrity and conformity of the Product with the order placed. The Customer shall give notice of any dispute relating to the non-conformity of the Product on the delivery note and, Subsequently, you must notify the Seller in writing within 5 working days starting from the date of receipt or from the moment the hidden defects were discovered at the time of unpacking.The right of withdrawal is excluded.
5.5 It is the Customer’s right to choose another carrier, obviously understood that even in this case the transport will take place at his own risk, care and expense, and that payment must be made in advance of delivery.
5.6 They are assimilated to cases of force majeure, which exempt the Seller from the obligation to deliver the Product within the terms of these general conditions (by way of example but not exhaustive: epidemics, pandemics, fires, floods, wars, production interruptions, also in compliance with legislative and administrative measures, shortage of stocks in stock), strikes of all or part of the personnel or carriers assigned the task of delivery of the Products.
5.7 the Seller undertakes to inform the Customer in writing within 8 days of the occurrence of the event of force majeure that the contract is deemed suspended and that such suspension does not entitle the Customer to any compensation. Within 8 days from the date of termination of the force majeure event, the Seller shall give notice in writing that the contract will resume to produce all its effects.
5.8 If the duration of the force majeure event exceeds 30 days, the contract may be terminated by both parties by written communication to the other, without either party being able to claim damages. The termination shall take effect upon receipt of the written notice of termination of the contract. In the event of failure to deliver, the date of completion of the stock will be deemed authentic.
Art. 6 REFUNDS
6.1 The non-conforming Product may be returned to the Seller, in the packaging with which it was delivered, unless the Seller gives instructions regarding the disposal of the same by the Customer.
6.2 The Products must be made available within the terms indicated by the Seller, who will be responsible for entrusting carrier for the collection of the goods.
6.3 In any case, the possibility to request the termination of the contract and/or damages by the Customer in the event of non-compliance of the Product is excluded.
Art. 7 PRICE
7.1 The sale price is indicated on the Website and is expressed in euros.
7.2 The price is exclusive of VAT and any other taxes. The shipping costs and any ancillary charges, if any, although not included in the price, are indicated and calculated in the purchase procedure before the order is forwarded by the Customer and contained in the web page summary of the order made, except for the costs of customs clearance that will be indicated at the time of completion of the relevant procedure directly to the Customer.
Art. 8 Methods of payment
8.1 Payment of the full price for the purchase of the Products must be made in the manner and within the time indicated on the Site by the Seller. Among the payment methods is the use of Bank Transfer, Paypal, Credit Card, XPay circuit.
8.2 The non-payment or incomplete timely payment within the period provided by art. 8.1. will constitute a serious breach for the Customer and will determine the right for the Seller to terminate the contract, without the need for default.
8.3 All transactions relating to payments are handled by third parties, the Seller is only able to verify the crediting of the sums or its non-payment, without directly accessing the Buyer’s bank or credit/debit/prepaid card details.
Art. 9. WARRANTY
9.1 The Seller guarantees that the Products comply with the applicable Italian legislation and are free from defects/defects, with the express exclusion of any warranty in relation to defects and/or defects and/or non-conformities, which may arise in connection with and due to transport, improper or negligent use, in relation to the nature and characteristics of the products.
9.2 The Seller reserves the right to examine the products actually flawed and/or defective and/or non-compliant, in order to assess the actual existence of defects, defects and/or non-conformities reported by the Customer. At the time of the complaint, the Customer must therefore provide any information and documents useful for the aforementioned assessment, as requested by the Seller. The products must in any case be placed at the disposal of the Seller or third parties appointed by it for appropriate verification.
9.3 Except as provided in paragraph 9.2 above, in the event of a lack of conformity, the Seller guarantees the replacement of products found to be defective and/or defective and/or non-compliant or, in the event that replacement is not possible, in the return of the same with issuance of credit note or discount in the next order.
9.4 Any other form of warranty, express or implied, including by way of example any legal guarantee, shall be deemed to be replaced by these conditions.
Art. 10 Customer liability
10.1 The Customer is solely responsible for the correctness and completeness of his identification data and in any case of any data entered on the Site and/or in the order form, in particular with regard to the Product ordered, with the exclusion of any liability by the Supplier.
10.2 Depending on the above, when the Customer registers on the Site and, subsequently, at any time when he intends to purchase the products sold by the Seller, he expressly undertakes to communicate to the Seller correct data, up-to-date and truthful information relating to personal data, contact details and, in general, other information relevant to the Seller’s fulfilment of the Order, taking into account the impossibility of the Seller to verify its accuracy, in light of the normal presence of homonyms and identity of addresses.
Art. 11 Customer obligations
11.1 The Customer undertakes to pay the price of the Products purchased in the time and manner indicated in the contract.
11.2 The Customer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
11.3 The Customer undertakes to use the Site in compliance with the purposes for which it was conceived and specifically undertakes to:
- comply with these terms of use and the General Terms of Service for the Services you have purchased;
- not to use the Site and its subdomains for illegal, deceptive, defamatory or discriminatory purposes, or for illegal activities;
- not to provide false personal information;
- do not create a profile on behalf of another person;
- do not enter personal data or identical email addresses;
- not attempt to tamper with the Site in any part of the Site, damage it or impair its operation;
- not probe, examine or test any vulnerability of the Site or any network connected to it, and violate its security measures or authentication measures;
- not attempt to upload data, information or programs containing viruses or other harmful or damaging codes, in violation of the law, including the law on the protection of intellectual property, the Seller or the rights of third parties;
- not to upload data or documents to which it does not have a right of use or without the permission of the respective owners;
- ensure that the contact information is always correct and up-to-date;
- not to release personal data if you have not reached 16 years of age or in the absence of adequate authorization by a Parent or Legal Guardian;
- not to use the Site if you do not have the ability to act and to validly oblige yourself according to the laws in force to which you are subject or if the Seller has disabled the Profile for violation of the terms of use, the general terms of service or disputes arising therefrom;
- not use the Site and its Services for the storage and/or storage of its data or documents; keep originals or copies of documents uploaded to the Site and back up all documents provided to the Seller.
11.4 In addition, to ensure that data security is always preserved, the Customer who intends to create and use a Profile undertakes to:
- choose a strong password based on the information provided by Seller;
- do not use passwords that are already in use or used on other websites;
- not to use data known to the same traceable and publicly available for the composition of the password;
- keep and store your account access password in a safe place and under your direct control;
- not to assign, transfer, share or communicate to third parties the password to access the Profile;
- not to assign or transfer the Profile to third parties;
- change the Profile password at least every 90 days;
- immediately report any abnormal activity detected on their profile;
- keep your account and password confidential and monitor access to your computer and mobile devices;
- take all necessary precautions to ensure that the password remains secure and confidential.
11.5 The Seller reserves the right to prosecute any violation and abuse.
11.6 The Seller may also, without notice or need for authorization and in its sole discretion, inhibit or suspend access to the Registered User Profile in the event of repeated and/or serious violations of these terms of use and/or contract, as well as in all cases where it deems it appropriate, as well as for security reasons or to comply with legal obligations.
11.7 The information contained in this contract has been, moreover, already viewed and accepted by the Customer, who acknowledges it, as this step is made mandatory before the confirmation of purchase.
Art. 12 TERMINATION OF THE CONTRACT
12.1 The obligations of the Customer and the exact fulfilment of the obligations assumed by the Seller are essential.
12.2 Failure to fulfil any of those obligations, except in the event of unforeseeable circumstances or force majeure, shall result in the termination of the contract pursuant to Article 1456 of the EC Treaty, without the need for a judicial decision.
ART. 13 INTELLECTUAL PROPERTY, DOMAIN NAMES, NAMES AND DISTINGUISHING SIGNS
13.1 The Customer acknowledges that any Content on the Site (by way of example and not exhaustive, the images, graphics, texts, data, software, sounds, illustrations, drawings, icons, any videos and photographs) and/or provided by Italian Dance Shoes srl (by way of example and not exhaustive: cards, tables, articles, suggestions, instructions, etc.) is owned exclusively by Italian Dance Shoes srl and is therefore protected by copyright or other provisions on intellectual property.
13.2 Unless expressly stated otherwise on the Site or with the prior written permission of Italian Dance Shoes srl and/or the respective rights holders, any act of disposition or use of the material contained in the Site is prohibited (such as duplication, total and/or partial reproduction, download, storage, communication to third parties, publication or dissemination by any means and in all forms, through existing or future media and technologies) and/or provided by Italian Dance Shoes srl (cards, tables, articles, tips, instructions, etc.).
13.3 "Tangolerashoes" is the name and/or hallmark of Italian Dance Shoes srl and is owned by Italian Dance Shoes srl, together with the logos used on the Site.
13.4 The use or reproduction in any form and manner of such names and/or distinctive signs and logos is prohibited, unless expressly authorized in writing by Italian Dance Shoes srl.
13.5 The Customer is granted the right to create and use his Profile, under a temporary and non-transferable use license. No use is permitted that is not expressly provided for in these terms of use, in the general terms of contract or by law.
Art. 14 PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER’S DATA
14. The Seller protects the privacy of its customers and guarantees that the processing of data complies with the provisions of Regulation (EU) 2016/679 (GDPR).
14.2 The Seller declares that it has read the information (Annex 1) pursuant to art. 13 and 14 of Regulation (EU) 2016/679 (GDPR) available on http://partner.smartcaf.it and with the acceptance of these general conditions provides consent to the processing of your personal data for the purposes and in the manner indicated in the aforementioned information.
14.3 The Customer’s personal, corporate and fiscal data, acquired directly or indirectly by the Seller, will be collected and processed in paper, computer or electronic form, exclusively in order to allow the execution of the sales contract. The data purchased by the Seller will be stored for a period of time not exceeding that necessary for the purposes for which they were collected and subsequently processed.
Art. 15 PROCEDURE FOR ARCHIVING THE CONTRACT
15.1 Pursuant to art. 12 of the Legislative Decree. 70/2003 , the Seller informs the Customer that each order sent is stored in digital/paper form on the server at the Seller’s headquarters according to confidentiality and security criteria.
Art. 16 COMMUNICATIONS AND COMPLAINTS
16.1 Written communications to the Seller and any complaints shall be deemed valid only if sent to the following address: Via il Colle n. 5 - 47853 Coriano (RN), or sent by e-mail to the following address: info@tangolerashoes.com. The Customer shall indicate in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the Seller’s communications to be sent.
Art. 17 SETTLEMENT OF DISPUTES
17.1 All disputes arising from this contract must first be submitted to the civil mediation procedure and will be referred to the Mediation Body of the Chamber of Commerce of Rimini and resolved according to the Conciliation Rules by the same adopted.
18.2 In the event that the Parties wish to bring an action before the ordinary judicial authority, the competent court is exclusively located in the Court of Rimini and any other court is excluded.
Art. 18 Applicable law and referral back
18.1 This contract is governed by Italian law.
18.2 For what is not expressly provided here, the rules of law applicable to the relationships and the cases provided for in this contract apply, and in particular art. 5 of the 1980 Rome Convention.
18.3 Pursuant to art. 60 of the d.lgs. 206/2005 , is here expressly recalled the discipline contained in Part III, Title III, Chapter I of d.lgs. 206/2005
Art. 19 FINAL CLAUSE
19.1 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously made between the Parties and concerning the subject matter of this contract.