Terms and Conditions
1) Understanding the Terms and Conditions
When certain terms or phrases are used within these Terms and Conditions, they take on a specific meaning (known as “defined terms”). Such terms are easily identified, as they begin with a capital letter (even if they are not at the beginning of a sentence). In those cases where use is made of a defined term, it expresses the meaning accorded in the section of the Terms and Conditions in which it was defined (these meanings can be highlighted in the sentence enclosing the defined term, indicated in parentheses and quotation marks).
When we use the words “we,” “us,” or “our,” we are referring to Ghidoni Silvia’s Tribal Beat, while when we speak of “you” or “your,” we mean you, that is, those who use the Services. We have included a series of headings to make these Terms and Conditions easier to understand and to locate information with ease. Please note that we may amend these Terms and Conditions from time to time as a result of the introduction of new laws and regulations or changes or enhancements to our business models or for other business reasons, so please check the Website periodically, and whenever you use the Services to order products, to ensure that you have assimilated the legal terms in effect at that time).
2) Who we are
We are Tribal Beat owned by Ghidoni Silvia. We are a sole proprietorship – with the status of small entrepreneur and artisan enterprise – special section – registered in Italy with operational headquarters at Via Petronace da Brescia, 13 – Brescia – Italy. Our VAT number is IT 04370770986. Our Services are provided to users through the Website.
3) Our services
The Services we offer allow you to search the Website and purchase our products
Products As part of these Services, we also provide some secondary services, such as arranging delivery of products and offering customer service. The contract concluded with us is deemed to be fully executed when the courier delivers the products or you pick them up.
The minimum age for using the Services is 18 years old
4) The products
We strive to provide a description as accurate as possible of the products offered on the Website. However, we cannot guarantee that all details are always complete or error-free. To obtain more information about a product, please contact us by message. The product images shown on the Website are for illustrative purposes only, and although we try to provide accurate color reproduction, we cannot guarantee that the reproduction of the images on your computer will reflect the actual color of the products.
5) Legal rights
As consumers, you detain certain legal rights in the event of defective or mismatched products. Nothing in these Terms and Conditions will affect these legal rights. The products sold are provided for domestic and private use only. You agree not to use the products for commercial purposes or for resale.
6) Orders, prices and payments
As you complete the checkout process and place your order by clicking the “Place Order” button on the checkout page, you confirm that you want to purchase the products. Your order is subject to these Terms and Conditions, which are incorporated into the contract between you and the Site. All orders are subject to availability and confirmation of the cost of the order, and we may have to cancel your order (or part of it) if that product is not available. Legal title to the purchased product will pass to you upon acceptance of payment. To place product orders, you must be at least 18 years old and have a valid credit or debit card. When placing your order, you confirm the truthfulness and accuracy of all information provided, that you are at least 18 years old, that you are an authorized user of the credit or debit card used to place the order and that you have sufficient funds in your account to cover the cost of the order.
The Website allows you to check your order and correct any errors before completing your purchase. We urge you to check and verify your order at each step of the ordering process, as it is up to you to make sure the information you provide is accurate (e.g., correct products, quantities, address and email, etc.).
Following placing an order, you will receive an email confirming receipt and acceptance of the order. The contract between you and the Site will be concluded when the confirmation email is sent. All orders are subject to availability and we may cancel the order (or part of it) if that product is not available. The confirmation email will include a description of the products purchased with the order and other information pertaining to your rights to withdraw from the subsisting contract between you and the Site (for more information about the right to withdraw from the contract, see the section below).
Delivery costs are not included in the price and, therefore, you will have an additional charge. Delivery costs vary depending on the products ordered and the location of delivery. The shipping charges applicable to the order placed will be clearly indicated at checkout, before you complete your order (and are included in the “Total Cost” amount shown on the order summary page). Depending on the location of delivery, (in case of non-EU countries) different tax rules and additional charges may be imposed. we have no control over these charges and have no authority to advise you on their amount. It will be your responsibility to pay such costs and import taxes not included. Before placing your order, please contact your local customs office for more information and an “estimated landed cost.”
Please note that if you return an item, import taxes and duties will not be refunded, it is up to you to claim the duty directly from your local customs office.
We reserve the right not to send your order if, for example, the product you order is out of stock or otherwise unavailable or if you do not meet the eligibility criteria (e.g., age under 18).
7) Delivery
The estimated delivery date will be indicated in the order confirmation email. If we do not provide an approximate delivery date, we will deliver the order within 14 days from the date of shipment. We will endeavor to ensure that your order is delivered by the scheduled delivery date (if indicated), although, in some circumstances, delivery may be subject to delay due to events beyond our reasonable control. In such cases, we will endeavor to arrange delivery of products as quickly as possible, but we cannot be held responsible for any losses resulting from such delays.
Delivery time may vary depending on delivery location. Delivery times are only an estimate and are not guaranteed.
If no one is found at the delivery address to sign for the order, our delivery partner will leave a card so that you can contact them again to arrange for a new delivery.
8) International Delivery
We now deliver almost all over the world; if your region/country is not listed, please send an email, we’ll do our best to check the possibility and give you related shipping fees.
9) Policy on returns and cancellations
For more information about returns and return service, you can see our Returns and Refunds Policy.
Right of withdrawal
Depending on your place of residence, you have the right to cancel an order under the corresponding consumer legislation in force in EU member states. This means that during a certain withdrawal period, you should change your mind or decide for any reason that you do not want to keep the purchased products, you can notify us of your decision to withdraw from the order.
Once the products are returned, a full refund will be issued, including the original delivery costs; however, it will be up to you to arrange and cover the full amount of the cost of returning the your order to Tribal Beat.
How to cancel an order: you may exercise your right to cancel a contract at any time prior to the delivery of your order and up to 14 days thereafter, beginning the day after you receive the products (“cooling-off period”).
To withdraw from a contract, you are required to notify us clearly, preferably by e-mail, providing your full name, address and order reference number; if you cancel your order (or any part of it) during the cooling-off period, you are required to return the product(s) within 14 days from the date of notification of cancellation, making sure that the returned item(s) meet the conditions set forth in our Returns Policy.
In the event of termination of the contract within the 14-day cooling-off period, we will process the refund due as quickly as possible. In any case, a refund will be issued within 14 days from the date of receipt of the goods or, if prior to that date, the day on which we receive proof of the actual return of the product(s) to our office. In this case, the shipping costs for the return of the product(s) will fall entirely on you.
Our Website
The section below defines the rules that apply to your use of the Website (whether or not used for ordering products or simply browsing). By using the Web Site, you agree to these rules. Otherwise, you will not be allowed to use the Website and must stop using it immediately.
(a) Access to the Website: The Web Site is made available free of charge, and it is up to you to fulfill all provisions necessary to access it. It is your responsibility, moreover, to make sure that everyone who accesses the Website using your Internet connection is aware of these Terms and Conditions and adheres to them.
Access to the Website is permitted on a temporary basis and does not include any commercial use of the Website or its contents. You may not reproduce, copy and/or exploit the Website for commercial purposes without our prior written consent.
We reserve the right to discontinue or modify the Web Site without prior notice and, from time to time, we may restrict accessibility to the Web Site in whole or in part.
We cannot be held responsible if, for any reason, the Web Site is unavailable at a particular time or for a particular period. When you visit the Web Site and/or place an order, you are communicating with us electronically and you acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy the written form requirement of the law.
(b) Your Conduct: You may not use the Website in any way that causes or may cause disruption, damage, or limitation of the Website or its access. You acknowledge that you are responsible for all electronic communications and content you send to us from your computer and are required to use the Web Site only for legitimate purposes. Use of the Web Site is not permitted for:
break in any way possible any applicable local, national or international law or regulation; take any action that is in any way illegal or fraudulent or has any illegal or fraudulent intent or effect; transmit, use or reuse any material that: (i) constitutes a violation of copyright, trademark, trust, privacy or any other right;
In the event of any breach of these Terms and Conditions and/or the terms and conditions associated with the Third Party Products and Services, you shall be obligated to fully indemnify us for all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential losses), including any interest, fines and attorney’s fees or other professional fees and expenses awarded or incurred or paid by us and/or any member of our Group as a result of or in connection with your breach.
(c) Third-party products and services on the Website The Website may contain services and/or products (including add-ons and applications) offered by third parties. Your use of these Third Party Products and Services may be subject to additional terms and conditions that we recommend you review before using these Third Party Products and Services for the first time and return to check them to view any changes. We disclaim any liability for or in connection with your use of any Third Party Products and Services. We reserve the right to suspend, revoke, terminate and/or modify your access to the Websites and/or Services, including but not limited to Third Party Products and Services, if you breach the terms and conditions of any Third Party Products and Services. Your use of Third Party Products and Services is entirely at your own risk.
We make no warranty that all or any features of the Websites, Services, or Third Party Products and Services will work on any specific device.
(d) Links You have the right to create links to the Website, provided it is done fairly and legally and without harming our reputation or for your benefit (e.g., by establishing the link in such a way as to suggest any form of association or endorsement on our part). We reserve the right to revoke permission to link at any time, and if we request removal of a link to the Website, you are obliged to act without delay.
Where the Web Site contains links to other Web sites and resources provided by third parties, these links are made available for informational purposes only. We have no control over the content of such sites or resources, so these links should not be construed as an endorsement by us of the linked websites. We cannot be held responsible for any loss or damage resulting from their use.
(e) Our responsibility in relation to the Website We reserve the right to update or change the Website or its contents at any time, but we are under no obligation to do so. However, this means that any content on the Website may be out of date at any time. The contents of the Website are provided for general information only and are not, therefore, advice that should be relied upon. We make no representations whatsoever, nor do we make any warranties of any kind, express or implied, that the Web Site, or any content therein, is accurate, complete, up-to-date, or free from errors or omissions. To the extent permitted by law, we exclude any conditions, warranties, representations, or other terms that might apply to the Website or its contents, whether express or implied.
To the fullest extent permitted by applicable law, we will not be liable to you or any other user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with: (I) the use or inability to use the Web Site; or (II) the use of or dependence on any content displayed on the Web Site.
Please note that we provide the Website for home and private use only.
We will not be held liable for any loss or damage caused by a virus, Distributed Denial-of-Service attacks or other technologically harmful material that may infect your computer equipment, your computer programs, your data or other material owned by you due to your use of the Website or downloading content from it, or any website linked to it.
f) Privacy policy We use your personal information only in accordance with our Privacy Policy. Please read it carefully, as it includes important information regarding the collection and use of your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and ensure that all data you provide is accurate.
g) Intellectual property, software and content
We are the owners or licensors of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, including the presentation and compilation thereof) (“Content”). Rights in the Website and Content are protected by international copyright laws, as well as other applicable national copyright, copyright, and database rights laws. All such rights are reserved. You may not systematically extract and/or reuse parts of the Website or Content.
h) Tribal Beat promotions by invitation only
Invited customers must be registered to view the offer on the site or via newsletter or email. As this is an exclusive event for you only, details should not be shared or publicized in any way, including but not limited to on any Website, blog, social-media account, messaging app, email, word of mouth, etc. Tribal Beat reserves all rights (including where you are known or suspected to have passed on these details), which could result in suspension of your account and/or cancellation of your transactions for the duration of the promotion. Tribal Beat reserves the right to withdraw this offer at any time without notice.
i) Sales or special promotions
Promotion items are not subject to Tribal Beat’s standard return policy and may not be able to be returned. The ability to return or refund items from Sales or Special Promotions purchased on Tribalbeat.com is at the complete discretion of Tribal Beat, subject to applicable laws.
Other important information
We reserve the right to terminate your Tribal beat account or limit your future orders at any time, at our discretion.
Disclaimer – Each section and paragraph of these Terms and Conditions shall be considered separately. Should any court or competent authority decide that any of them is illegal or unenforceable, the remaining sections and paragraphs shall remain in full force and effect.
Waiver – In the event of a breach of these Terms and Conditions by you to which we do not respond with any action or delayed action, this does not mean that we waive our rights and we will still be granted the right to use our rights and remedies. If we decide to waive a violation by you, we will only do so in writing, but this will not mean that we will automatically waive any subsequent violations by you.
Entire Agreement – These Terms and Conditions constitute the entire agreement between us and you. Events beyond our control – We will not assume any responsibility for any delay or failure to fulfill our obligations to you if such delay or failure is due to events beyond our control. An ‘event beyond our control’ means any act or circumstance beyond our reasonable ability to control, such as acts of God, wars, acts of terrorism, embargoes, riots, strikes, lockouts, labor disputes, fires, floods, earthquakes, or other natural disasters, breakages, inclement weather, transportation disruptions, acts of government, or failure of public or private telecommunications or transportation networks. If such an event occurs that affects our fulfillment of obligations: (i) We will contact you within a reasonably short time to notify you; and (ii) the performance of our obligations to you shall be deemed suspended for the duration of the event. If the event affects the delivery of products, we will contact you to arrange a new delivery date at the conclusion of the event
Complaints – We are committed to implementing a complaints handling procedure that we will use to try to resolve disputes as they arise, so please contact us with any complaints or comments. For information on how to get in touch with us, we urge you to visit the “Contact Us” page. It is also possible to resolve disputes associated with the purchase of products or Services on the Website through the online ODR platform operated by the European Commission.
Applicable law and competent jurisdiction
Any matter relating to your order, use of the Websites or these Terms and Conditions shall be governed by the applicable mandatory provisions of Italian law and exclusive jurisdiction in the Italian courts.