General conditions Web shop TANGO SHOES
General conditions Web shop TANGO SHOES, located in WAALWIJK, THE NETHERLANDS.
Valid from 01-04-2009
Article 1 General
1.1 When in these general conditions the name 'TANGO SHOES' has been used it refers to: TANGO FASHION NEDERLAND BV
1.2 These conditions are part of all TANGO SHOES offers en agreements.
1.3 When TANGO SHOES needs other parties to fulfil their agreement or offers these conditions are also applicable.
1.4 Unless written differently general conditions of other parties are not acknowledged by TANGO SHOES.
1.5 When the general conditions and a agreement or offer are contrary the agreement or offer prevails.
1.6 When part of these general conditions are annulled, the remaining articles will keep their validity. In case this occurs both parties will need to put in reasonable affords to fulfil the original agreement as good as possible.
Article 2. Offers and agreements
2.1 Unless written differently by TANGO SHOES all offers are optional.
2.2 Agreements of delivery are only made when full payment has been received by TANGO SHOES.
2.3 Special offers are not automatically applicable for repeat orders.
2.4 TANGO SHOES can not be held to an offer when buyer should have known that a offer or a part of this offer is incorrect.
2.5 Changes or additional agreements are only valid when agreed in print.
Article 3. Prices
3.1 All prices are value added tax included.
3.2 TANGO SHOES guarantees that changes in price will not occur after the agreement has been made, unless the change of price is a result of Legal changes.
3.3 When the change in price is not a result of Legal changes the agreement can be annulled by the buyer.
Article 4. Delivery
4.1 When the articles are on stock, they will be send directly after full payment has been received. TANGO SHOES can charge the buyer for delivery/transport costs. De delivery will be made at the address which the buyer has provided at the time the agreement has been made.
4.2 The Buyer needs to sign the proof of delivery when the articles have been delivered.
4.3 When the buyer refuses the goods or is negligent with providing necessary information or instructions, the goods will be stored at risk of the buyer, extra costs for storage are for the buyers account.
4.4 The obligation of delivery by TANGO SHOES is fulfilled when the articles have been offered once. Reports of delivery made by the forwarder will be used as proof when delivery is disputed.
4.5 When articles are refused return costs and storage costs are for the account of the buyer, unless buyer has acceptable reasons to refuse the articles.
Article 5. Delivery period
5.1 A delivery period given by TANGO SHOES is never a final delivery period. The period starts when all necessary information is provided by buyer and received by TANGO SHOES, only then, TANGO SHOES will try to deliver products within 30 days.
5.2 TANGO SHOES will execute deliveries with accurate promptness, within 30 days. When TANGO SHOES exceeds this period (because article is out of stock or no longer available) or any other given reason, the buyer will receive a confirmation of this reason from TANGO SHOES , when this occurs the buyer has the right to annul the agreement without any costs.
Article 6. Annulment
6.1 TANGO SHOES is entitled to fully or partially annul the agreement, with a written declaration of annulment and charge the buyer for compensation, when TANGO SHOES has good reason to believe that buyer is incapable to fulfil its obligations to TANGO SHOES. Or Buyer is not capable to provide TANGO SHOES with certainties in advance that buyer will fulfil its obligations. Or buyer is in administration or bankrupt as well as the company of the buyer is (partially) being sold.
6.2 Buyer is entitled to annul the agreement within 7 days, when agreements fulfil all demands of a “consumers buy” according to article 7:5 BW, the period of 7 days starts when delivery is completed. When buyer has not returned the goods within the given period de buy can not be reversed. The buyer needs to inform TANGO SHOES within 7 days after delivery that the goods will be returned, the articles need to be received by TANGO SHOES within 10 days after delivery. The return shipment is for risk and costs of the buyer, the articles need to be returned in original state (accessories and documentation included), not worn and in original package. When the articles have been damaged or are incomplete, all rights to annul the agreement cease to be valid. After the articles have been received by TANGO SHOES the goods will be checked, when there are no discrepancies the agreement will be annulled and TANGO SHOES will make a refund of purchase amount minus the delivery costs, within 30 days after the goods have been received.
6.3 The right to annul the agreement is only valid for the delivery of goods and never for services provided by TANGO SHOES.
Article 7. Force majeur
7.1 With force majeur is meant, all that what is included by law and jurisprudence and all circumstances outside the control of TANGO SHOES, which affect the delivery of goods and make it impossible for TANGO SHOES to fulfil the agreement. This is not limited to a strike at TANGO SHOES or suppliers of TANGO SHOES.
7.2 An appeal on Force majeur can only be made when circumstances, that will make (further) delivery impossible, occur after the agreement has been made.
7.3 In case the period that TANGO SHOES cannot fulfil the agreement due to force majeur is longer than 2 weeks, both parties are entitled to annul the agreement, without any right for (financial) compensation.
7.4 In case that, at the moment force majeur arises, TANGO SHOES already partially fulfilled the agreement, only the not completed part can be annulled by the buyer unless the delivered part is not complete or has no value without the remaining part of the delivery.
Article 8. Warranty
8.1 TANGO SHOES does not give additional warranty to delivered articles than the warranty the supplier of TANGO SHOES gives.
8.2 TANGO SHOES can never be held responsible for the final suitability of delivered articles, given to it by the buyer, neither for advises concerning use of the delivered articles.
8.3 The buyer is obligated to check the goods at the moment they have been delivered. When delivered articles are incorrect or damaged, the buyer needs to inform TANGO SHOES, before return of the articles, of this discrepancy in print with a copy of the proof of purchase. Complaints need to be claimed in print within 3 months after delivery. The return shipment is for risk and costs of the buyer, the articles need to be returned in original state (accessories and documentation included), not worn and in original package, return shipments will only be accepted by TANGO SHOES if TANGO SHOES has given permission for the return shipment in advance. When the articles have been used after the complaint has been noticed all rights for claiming will cease to be valid.
8.4 When the claim of the buyer is justified, TANGO SHOES will have the option to replace the articles or make an agreement to compensate otherwise, compensation amount will never exceed the amount of purchase.
8.5 TANGO SHOES can not be held responsible for damage inflicted on purpose or recklessness from non executive staff.
8.6 This warranty ceases to be valid when A) buyer has not fulfilled his obligations, towards TANGO SHOES; B) the buyer has repaired or customized the articles or has given other parties permission to do so; C) the delivered goods have been exposed to abnormal conditions or have been treated carelessly or have been threaten in violation with instructions given by TANGO SHOES or instructions written on the package; D) the claim is a cause of regulations given by a government regarding the quality of used materials ; E) the maintenance instructions provided by TANGO SHOES have not been followed up correctly by the buyer.
8.7 TANGO SHOES cannot be held responsible for damages inflicted by external influence or by usage, this includes, but is not limited to damage on pointed tips of shoes, soles, zippers, laces and accessories.
Article 9. Payment
9.1 Unless agreed otherwise, all payments need to be made in advance on the digital platform of ING (TWYP) with Ideal, Giropay, Visa of Eurocard.
9.2 When payments are made with the use of VISA/Mastercard TANGO SHOES is entitled to check the validity of the card, if limits are not being exceeded and the address details. TANGO SHOES has the right to refuse a purchase.
9.3 When a period of 10 days after invoice date has expired, TANGO SHOES is entitled to charge the buyer for 1% interest per month, a part of a month will be charged as one month.
9.4 In case of bankruptcy or buyer is in administration all outstanding amounts are immediately overdue.
9.5 In case TANGO SHOES needs to hand over the outstanding amounts to a Legal office, the outstanding amount will be increased with 15% Legal costs, with a minimum of 250 euro.
9.6 In case TANGO SHOES is capable to show that the costs exceed the amounts (as mentioned in article 9.5), the buyer will also have to reimburse these costs.
Article 10. reservation of property
10.1 The property of all articles remains with TANGO SHOES until buyer as fulfilled all obligations of this agreement or prior agreements, as written in article 3:92 BW.
10.2 Articles delivered by TANGO SHOES which are still under de reservation of property can only be sold to other parties when this is normal “company practice” the articles may never be used as means of payment.
10.3 The buyer is not entitled to pawn articles which remain under the reservation of property.
10.4 The buyer gives unconditional permission to let TANGO SHOES enter the locations where the articles which are still under reservation of property are at that time, and let TANGO SHOES take those articles.
10.5 In case third parties seize articles which are under reservation of property, or have the intention to do this, the buyer is obligated to immediately inform TANGO SHOES about this.
10.6 The buyer is obligated to insure the goods which are under reservation of property , the buyer is obligated to show proof of this insurance at the first request of TANGO SHOES.
Article 11. Copyright
11.1 Unless agreed differently in print, all copyrights of the by TANGO SHOES delivered articles or services are deposited by TANGO SHOES or the suppliers of TANGO SHOES.
11.2 TANGO SHOES can not be held responsible for infringements of copyrights by the suppliers of TANGO SHOES.
Article 12. Applicable law
To all offers and agreements from TANGO SHOES the to Dutch law applies. The United Nations Convention on contracts for the international sales of goods (CISG) is under no circumstances applicable.
Article 13. Disputes
The buyer can mail all questions or complaints to webshop@tangoshoes.com. Normally complaints are being processed within 30 days. When TANGO SHOES exceeds this period the buyer will be informed about this.
