The Company 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 +393921157481, e-mail info@tangolerashoes.com, PEC italiandanceshoess@pec.it, hereinafter referred to as "Seller"
Premise:
- that the Seller operates the website www.tangolerashoes.com (hereinafter "Site");
- that the site is intended for commercial transactions between entrepreneur and consumer (B2C);
- that on the site the meeting between supply and demand of the products indicated in point c) of art. 1 and online sales contracts can be concluded;
- which, by the term "General Conditions of Sale", means the contract of sale relating to the goods of the Seller concluded between them and the Buyer within the framework of a distance selling system organised by the Seller;
- that distance communication technology through the Internet will be used for this contract;
- that the purchase within the site by buyers is governed by these General Conditions of Sale;
- that the Purchaser has the status of consumer, that is to say, the natural person making the purchase, referred to in this contract, for purposes other than commercial or professional activities;
- that this contract - and the conditions laid down - concern exclusively the B2C sale to a Buyer/Consumer, as specified in the previous line;
- that all contracts will be concluded directly through the Buyer’s access to the website corresponding to the address www.tangolerashoes.com where, following the procedures indicated to access the reserved area of the website dedicated to online trading;
- that the trademark and logo relating to the site are the exclusive property of the Seller;
- that in the drafting of these General Terms and Conditions, terms of common use have been used in the field of information technology and that in the event of any disagreement on their interpretation or their significance, the content of the main publications of the relevant literature will be taken into account;
- that these premises constitute an integral and substantial part of the contract;
It is agreed that:
1. Definitions
1.1 In these General Conditions of Sale the following terms have the meaning specified below:
a) "online sales contract" means the distance contract concluded between a Seller and a final consumer Buyer, through a sales system organised by the Seller, which uses the Internet-based distance communication technology;
b) the term "Seller" refers to Società Italian Dance Shoes S.r.l., with registered office in 47853 - Coriano (RN), to Via Il Colle n. 5, part of this contract, which provides for the management of the Site, selling directly to users (Buyers) the products referred to in the following point;
c) the term "Products" refers exclusively to movable property in the Website’s electronic catalogues;
d) the term "Buyer" refers to the final consumer-customer who is authorized to operate on the Site in order to purchase the products, in the manner indicated in these general conditions;
e) "Consumer" means a natural person who purchases goods and services for purposes not directly or mediately connected with the professional activity that may be carried out.
f) the term "Parties" refers to the Seller and the Purchaser jointly;
g) the term "Site" refers to the website corresponding to the address www.tangolerashoes.com through which you can make purchases online;
h) the term "Consideration" refers to the selling price of each product;
2. Subject matter of the contract
2.1 These general conditions, which are made available to the Buyer for reproduction and preservation pursuant to art. 12 , D.Lgs. 9 April 2003, n. 70, have as their object the purchase of products, made at a distance and by means of an electronic network, through the Website belonging to the Seller, with registered office in 47853 - Coriano (RN), at Via Il Colle n. 5, P.IVA 04370780407;
2.2 With this contract, respectively, the Seller sells and the Buyer purchases at a distance the movable goods and/or services indicated below.
2.3 The goods covered by this contract are all the products chosen by the Buyer and placed in the virtual shopping cart, following the online purchase procedures indicated on the site.
2.4 The products and/or services referred to in the previous point are illustrated on the web pages in the "Collection" and "Outlet" sections of the Seller’s Site.
2.5 The Seller undertakes to supply all the products subsequently indicated upon payment of a fee pursuant to art. 4 of this contract.
3. Acceptance of the conditions of sale
3.1 These general conditions are valid from the day of conclusion of this contract and may be updated, supplemented or modified at any time by the Seller, which will give notice through the pages of the Website and such updates/ changes and/ or additions will be effective for future purchases.
3.2 All purchase orders will be forwarded by the buyer to the Seller, after registration on the site and typing ID and PW with access in a reserved area through secure protocol (https), and, therefore, through the completion of the indicated purchase procedure.
3.3 These general conditions of sale must be examined "online" by the Buyer, before the completion of the purchase procedure. The forwarding of the confirmation of purchase order, therefore, implies total knowledge of the same and their full acceptance.
3.4 The Buyer, by sending the confirmation of his purchase order electronically, unconditionally accepts and undertakes to observe, in its relations with the Seller, the general conditions and payment described below, declaring that he has read and accepted all the information provided by him in accordance with the above mentioned rules, also noting that the Seller does not consider itself bound by any conditions other than previously agreed in writing.
3.5 Sales transactions are regulated for the consumer by the provisions of Legislative Decree no. 206. 6 September 2005, while the protection of confidentiality is subject to the regulations of Legislative Decree no. 30 June 2003, n. 196, and subsequent amendments and additions. As regards the contractual conditions applied to commercial users, please refer to the new provisions of Reg. EU 2019/1150.
The D.Lgs. 30 June 2003, n. 196 has been largely repealed by Legislative Decree No. 10 August 2018, n. 101 , which, in turn, adapts the internal rules to EU Regulation No. 679/2016 , c.d. GDPR (General Data Protection Regulation in force since 25 May 2018). From the entry into force of D.Lgs. 101/2018 references to the provisions of the Code on the protection of personal data, referred to in D.Lgs. 196/2003 , repealed, contained in laws and regulations, refer to the corresponding provisions of EU Regulation 2016/679 and those introduced or amended by Legislative Decree No. 101/2018 , as compatible.
3.6 The acceptance of the conditions of sale must be manifested by the exact compilation of all the sections of the electronic form, following the instructions on the screen and, finally, selecting and, then, accepting the boxes with the words ACCEPTANCE CONDITIONS OF SALE and PRIVACY POLICY.
4. Purchasing methods and selling prices
4.1 The products, prices and conditions of sale present on the Site - within the limits of their availability - are expressed in euro and do not constitute a public offer for the consumer; therefore, they must always be considered indicative and subject to express confirmation via e-mail from the Seller, which constitutes acceptance of the purchase order.
4.2 The sales prices, referred to in the previous paragraph, include VAT and all other taxes, as well as the total cost of the shipment to the address indicated by the Buyer at the time of the order, provided that the place of destination is located in Italy. For foreign shipments the sales prices are shown with the exclusion of customs duties and charges that remain at the expense of the Buyer and are calculated at the time of customs clearance of the goods, where it is provided. In any case, the total cost of the shipment to the Buyer’s domicile is borne by the Buyer, except for exceptions and exceptions that will be specifically advertised on the site. The cost is, in any case, made known to the customer before the confirmation of the purchase.
4.3 The price of the product indicated on the site is final, unless - for exceptional situations - the Seller considers it appropriate to revise the price. Exceptional conditions are considered, by way of example and not mandatory, the sudden and not agreed change in price of the product by the supplier, the sudden change in customs rates or currency exchange and in any case shipping costs in general. In exceptional cases of price revision, the Parties expressly undertake to carry out the
Renegotiation of the same through an exchange of e-mails according to fairness and good faith, taking into account the documentation produced and certifying the exceptional situations that have involved such a review.
4.4 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.
4.5 The Buyer expressly gives the Seller the right to accept even partially the order made (for example if there is the availability of all the products ordered). In this case, the contract shall be deemed to have been concluded in respect of the goods actually sold.
4.6 If the ordered product is not available or if it is finished, the Buyer will be informed by e-mail or will be refunded the amount paid before 30 days after payment.
4.7 Item 4.6 is not valid for items where the expected delivery is indicated.
4.8 The Seller reserves the right to refuse any order, cancel it or not accept a confirmed order for, among others, the following reasons:
• A technical or pricing error occurred on the website when the order was placed.
• The product in the order is not available.
• The payment information provided is incorrect or not verifiable.
• Security systems indicate that the order is irregular or may be fraudulent.
• There are reasons to believe that the client is a minor (less than 18 years old).
• Seller failed, after 3 attempts, to deliver the goods to the address provided
If an order is cancelled for any of the reasons mentioned above, the Seller will refund (if applicable) the value of the order itself. If after the 3 consecutive failed delivery attempt the Seller will charge for non-delivery.
4.8 The Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity that may be exercised.
4.9 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.
4.10 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.
4.11 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.
5. Conclusion of the contract
5.1 The Contract concluded through the Site is considered concluded when the Buyer receives, by e-mail, the formal confirmation of the order, with a communication pursuant to art. 4.4, through which the Seller accepts the order sent by the Buyer and informs him that he can proceed with the processing of the same. The Contract is concluded at the place where the Seller’s registered office is located.
5.2 Until the Buyer has received the confirmation email referred to in the previous paragraph, he may proceed with the cancellation of the order by sending an e-mail to the Seller’s address "info@tangolerashoes.com" or according to any other methods indicated on the Site.
Art. 6. Delivery methods
6.1 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 forwarding agents. 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.
6.2 If the Buyer 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.
6.3 No liability may be attributed to the Seller for delayed or non-delivery due to force majeure or unforeseeable circumstances.
6.4 The goods, if shipped, travel at the risk of the customer. Upon receipt, the Buyer is required to verify the conformity of the product delivered to him with the order; only after this verification must proceed to the signing of the delivery documents, except of course the right of withdrawal provided for in art. 10 of these conditions. The right of withdrawal is excluded where the goods sold are made " to measure" to the customer.
6.5 It is the Buyer’s option to choose another carrier, while of course it is understood that even in this case the transport will take place at his sole risk, care and expense, and that payment must be made in advance of delivery.
Art. 7. Liability
7.1 The Seller assumes no responsibility for the delay or non-delivery of the property due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, pandemics, endemics, and other similar events that would prevent, in whole or in part, to execute the contract within the agreed time.
7.2 The Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of failure to perform the contract for the above-mentioned causes, the consumer is entitled only to a refund of any price paid.
7.3 The Seller guarantees that the Products included in the electronic catalogues are freely available for purchase and that they are not subject to any liens or mortgages. In any case, the rules of the Italian Civil Code on buying and selling apply.
Art. 8. Guarantees and assistance
8.1 The Seller only sells original and high quality products. The guarantee is 2 years from the delivery and starts from the day of purchase of the goods.
8.2 In case of lack of conformity the norms of D.Lgs. 6 September 2005, n. 206 will apply . Any defect must be reported within 8 days of discovery, otherwise the Buyer forfeits the warranty right.
Art. 9. Obligations of the Purchaser
9.1 The purchaser undertakes and undertakes, once the purchase procedure is completed, to provide for the printing and the preservation of these general conditions, which, moreover, will have already been viewed and accepted as a mandatory passage in the purchase, as well as the specifications of the product under purchase, and this in order to fully meet the condition of Legislative Decree. 6 September 2005, n. 206 .
9.2 The Buyer is strictly prohibited from entering false and/or invented and/or fictitious data in the registration procedure through the appropriate electronic form; the personal data and e-mail must be exclusively his own personal data and not of third parties, or fantasy. The Buyer assumes, therefore, full responsibility for the accuracy and veracity of the data entered in the electronic registration form, aimed at completing the process of purchase of products.
9.3 It is expressly forbidden to make double registrations corresponding to one person or enter data of third persons. The Seller reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
9.4 The Buyer indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors relating to the data provided by the Buyer, the latter being solely responsible for the correct insertion.
Art. 10. Right of withdrawal - Change of products
10.1 of Articles 64 and 67 of D.Lgs. 6 September 2005, n. 206, the Buyer can exercise the right of withdrawal, obtaining a refund of the price paid, except for goods sold "made to measure", returning the goods received in their original packaging, without tampering with any warranty seal or simply opening and/or deteriorating the outer packaging itself.
10.2 The Buyer who for any reason is not satisfied with the purchase made, has the right to withdraw from the contract concluded, without any penalty and without specifying the reason, within 14 days from the day of receipt of the goods purchased.
10.3 To exercise the right of withdrawal, within the period indicated in point 10.2 the Buyer may use the return form of the Product present in the reserved area of the Site. In the absence of registration, the Buyer, always within the period indicated in point 10.2, may send a e.e.c. to the address italiandanceshoessrl@pec.it, or a registered letter with acknowledgement of receipt to the following address: Via il Colle n. 5 - 47853 Coriano (RN). Within the same period, an email can be sent to info@tangolerashoes.com, which must follow within 48 hours the aforementioned registered letter with acknowledgement of receipt confirming the intention to withdraw from the contract. If the goods have been delivered, all items must arrive, within 14 days, in the same conditions of receipt, with the original packaging and any manuals and/ or instruction booklets present; there are no other methods of returning the goods. All possible costs of return of the products, including any customs duties and charges, are borne by the Buyer; to this end, the Buyer, directly or by other means, will deliver them at the address indicated by the Seller. The Seller will accept the returned goods reserving the right to verify that the Products have been returned in the state of origin and with the original packaging.
10.4 The Consumer who exercises the right of withdrawal in accordance with the provisions will be refunded the sums already paid within the period of 30 days, from the date on which the Seller became aware of the exercise of the right of withdrawal by the Consumer.
10.5 As a rule, products cannot be changed. In order to have a product of another color or another size, the Buyer must return the original article according to the methods of returning the Products referred to in these conditions and place a new order from the Site.
10.6 For the return of a Product received as a gift, the person who has materially received the Product must contact the person who made the gift by purchase on the Site (Buyer) and ask him to carry out the procedure to make the return. The refund will be made in the same way as the original payment.
Art. 11. Termination of the contract
11.1 The parties agree that the contract will be terminated automatically following the occurrence of one of the following defaults:
- breach of the obligations under Art. 4 (Purchasing methods and selling prices);
- breach of obligations under Art. 7 (Liability);
- breach of the obligations under art. 9 (Obligations of the Purchaser):
- breach of obligations under Article 14 (Prohibition of assignment).
11.2 Pursuant to art. 1456 b.c., the party who intends to use the resolution will notify the counterparty by sending registered mail to/r or PEC (Certified Electronic Mail), indicating the reason; the effects of the termination shall take effect from the date of receipt of the notice of termination resulting from the receipt returned to the resolving Party and the Buyer shall be entitled exclusively to the refund of any amount already paid.
Art. 12 Communications
12.1 Without prejudice to the cases expressly indicated - or established by legal obligations - communications between the Seller and the Buyer will preferably take place through messages and-e-mails to the respective electronic addresses that will be considered by both parties as a valid means of communication and whose production in court cannot be challenged for the sole reason of being computer documents.
12.2 Both parties may at any time change their e-mail address for the purposes of this article, provided that they notify the other party promptly in accordance with the forms set out in the previous paragraph.
Art. 13. Processing of personal data
13.1 The Buyer expressly declares that he has read both the information provided by art. 13 of D.Lgs. 30 June 2003, n. 196 (Privacy Code), both of the "privacy policy" of the Site. Following the repeal of D.Lgs. 30 June 2003, n. 196 by Legislative Decree no. 10 August 2018, n. 101 references to the provisions of Legislative Decree no. 196/2003 , repealed, are intended referred to the corresponding provisions of EU Regulation 2016/679 and those introduced or amended by Legislative Decree No. 101/2018 , as compatible.
13.2 The rights deriving from the Privacy Policy and the information obligations arising from it for the Seller are examined "online", before the completion of the purchase procedure. The forwarding of the order confirmation therefore implies total knowledge of the same.
13.3 The Data Controller of the collection and processing of personal data is, as specified above, in the person of his pro tempore legal representative. The rights referred to in article 7 are exercised by a request addressed without formality to the owner, by sending a simple e-mail to the address of the Seller, who is required to provide the communication of any changes to his data at the same address.
Art. 14. Prohibition of assignment
14.1 The contract is not transferable to third parties under penalty of immediate termination thereof.
Art. 15. Jurisdiction and jurisdiction
15.1 Any dispute relating to the application, execution, interpretation and violation of the purchase contracts stipulated "online" through the Seller’s Website is subject to Italian jurisdiction, also in accordance with art. 3 , Conv. June 19, 1980, n. 80/934/CEE (Rome Convention), on the law applicable to contractual obligations; the present general conditions are reported, for what is not expressly provided therein, to D.Lgs. 6 September 2005, n. 206 (Consumer Code).
15.2 In the event of any dispute arising out of or in connection with this contract, the parties undertake to seek between themselves a fair and good-natured settlement.
15.3 If the dispute has not been resolved amicably, and in any event within six months of the date of its commencement, the same will be brought to the exclusive knowledge of the Court in which the Buyer/Consumer has his domicile in accordance with D.Lgs. 206/05 ; in the event that the Buyer does not have the status of final consumer it is agreed that any dispute, also by way of derogation from the rules relating to territorial jurisdiction, will be the exclusive competence of the Court of Rimini.
Art. 16. Final clauses
16.1 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.
Art. 17. Applicable law and referral back.
17.1 - This contract is governed by Italian law.
17.2 - For what is not expressly provided here, the legal rules applicable to the relationships and the circumstances provided for in this contract and, in any case, the rules of the Civil Code and Legislative Decree no. 206 (Consumer Code) apply. September 6, 2005.