- Definitions
To ensure full understanding and acceptance of these terms and conditions, the following terms, both singular and plural, will have the meanings outlined below:
- Owner: Be South S.r.l., with registered office at Via Dante Alighieri No. 28, 35030 Rovolon (PD), VAT and Tax Code 05443380281, certified email address: besouthsrl@pecodc.it.
- Application: The website www.sneaky.it and related mobile applications (APP).
- Products: Tangible products sold by the Owner.
- User: Any individual accessing and using the Application.
- Consumer User: An adult individual entering into a contract for purposes unrelated to their entrepreneurial, commercial, craft, or professional activity.
- Content: Any textual or multimedia element on the Application, including advertisements, listings, reviews, images, etc.
- Conditions: This agreement governs the relationship between the Owner and Users and the sale of Products offered through the Application.
- Scope of the Conditions
The use of the Application implies the User’s acceptance of the Conditions. Users who do not agree with the Conditions or any other notices, legal information, or statements referenced herein are not allowed to use the Application or its services.
The Conditions may be amended at any time.
The applicable Conditions are those in effect at the time of the User’s order submission or product request.
Users are advised to read the Conditions carefully and save or print them for future reference before using the Application.
The Owner reserves the right to modify, at their sole discretion, any aspect of the Application’s graphical interface, content, organization, or functionality, even after a User’s registration. Where necessary, the Owner will provide Users with relevant instructions.
- Purchasing via the Application
All the Products offered through the Application are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery times and costs, accessory charges, etc.). Although the Owner undertakes to adopt technical solutions to ensure that the photographs shown on the Application faithfully reproduce the Products displayed for sale, certain variations are always possible due to the technical or colour resolution characteristics of the device used by the User. Consequently, the images and colours of the Products displayed on sale may, in some cases, not correspond to the real ones. Therefore, the images of the Products are to be considered as indicative and illustrative. Consequently, the Owner shall not be responsible for any difference between the images or colours of the Products on sale on the Application and those delivered to the User, for the aforementioned reasons.
Purchases through the Application are permitted only for Consumer Users.
For natural persons, purchases are allowed only if they are of legal age. Minors may make purchases or requests through the Application only with the supervision and authorization of their parents or legal guardians.
The offer of Products through the Application constitutes an invitation to offer and the order sent by the User shall be considered as a contractual proposal to purchase, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have the right, at its sole discretion, to accept or reject the User's order without the User being able to object or complain of anything for any reason whatsoever.
The contract for the sale of the Products is concluded with the acceptance by the Controller of the User's contractual proposal. The Controller shall accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User, which shall contain the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and taxes, the delivery address, the delivery time and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.
The contract of sale of the Products shall not be deemed effective between the parties in the absence of the foregoing.
If the Product is unavailable, the Owner will notify the User of new delivery terms or options and inquire whether the User wishes to confirm the order. The contract will be considered finalized only for the Products accepted by the Owner.
The User undertakes to check the correctness of the data given in the order confirmation and to notify the Controller immediately of any errors and shall keep a copy of his order, its confirmation and the Conditions.
- Registration
To access the Application’s features, Users must register by providing complete and truthful information in the registration form and fully accepting the Privacy Policy and Conditions.
Users are responsible for safeguarding their login credentials, which must be used exclusively by them and not shared with third parties. Users must keep their credentials confidential and notify the Owner immediately if they suspect unauthorized use or disclosure of their credentials.
The User warrants that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Controller harmless and indemnified from any damage, indemnity obligation and/or penalty arising from and/or in any way connected with the User's violation of the rules on registration to the Application or on the storage of registration credentials.
- Account Cancellation and Termination
Registered Users may stop using the Application at any time and deactivate or request account cancellation via the Application interface (if available) or by sending a written communication to: info@besouth.eu.
In the event of a User’s breach of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or terminate the User’s account at any time without prior notice.
- Pricing and Payments
The price for each Product, inclusive of VAT (if applicable), is displayed.
In addition, any taxes, additional charges and delivery charges that may vary depending on the destination, the delivery method chosen and/or the payment method used will be indicated. If these expenses cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.
The Owner reserves the right to adjust prices and costs at any time. Price changes will not affect contracts finalized before the modification.
The User undertakes to pay the price of the Product at the time and in the manner indicated in the Application and to communicate all the necessary data that may be required.
The Application uses third-party tools for payment processing and in no way comes into contact with the payment data provided (credit card number, holder's name, password, etc.).
Should such third-party instruments deny authorisation for payment, the Holder may not supply the Products and may not be held liable in any way.
- Invoicing
The User who wishes to receive the invoice shall indicate the data required for invoicing. Invoices shall be issued on the basis of the information provided by the User, which the User declares and guarantees to be true, releasing the Controller from all liability in this respect.
- Delivery of Products
The Products will be delivered to the address indicated by the User, in the manner and within the term chosen or indicated on the Application and set out in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the time the courier takes delivery.
In the event that it is not possible to supply the Products requested, the User will be notified promptly by e-mail, stating when delivery is expected or the reasons why delivery is impossible.
If the User does not wish to accept the new deadline or if delivery has become impossible, the User may request a refund of the amount paid, which shall be credited promptly in the same form of payment used by the User for the purchase within a maximum of 14 days after the Holder has become aware of the request for a refund.
Upon receipt of the Product, the User is obliged to check its conformity with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no charge to him/her. Once the delivery document has been signed, the User may not object in any way to the external characteristics of the Products delivered.
The Holder shall not be liable to any party or third party for damages, losses and costs incurred as a result of non-performance of the contract due to force majeure.
- Users' right of withdrawal from the purchase of Products
The Consumer User has the right to withdraw without penalty and without specifying the reason within a period of 14 days from the date of receipt of the Product, by sending a written communication to the e-mail address info@besouth.eu, using the optional withdrawal form referred to in the following article or any other written declaration.
In the case of separate delivery of several Products, ordered by the User Consumer in one order, the 14-day period for exercising the right of withdrawal starts on the day the last Product is received.
In the event of withdrawal, the User shall return the Product to the Holder without undue delay and in any event no later than 14 days from the date on which he communicated his decision to withdraw from the contract.
The User must return the Products in their original state with the identification tag still attached, if any.
The User shall only bear the direct cost of returning the Product, unless the Holder has declared that he will bear it.
In the event of a properly exercised withdrawal, the Holder shall refund the payments received from the User, in the same payment method used by the User for the initial transaction, without undue delay and in any event within 14 working days of the Holder receiving the Product returned by the User.
The Holder is not obliged to reimburse delivery costs if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Holder.
The Holder will not accept the return in the event that the Product is damaged due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.), absence of the intact tag where present. In such cases, the Holder shall return the purchased Product to the sender, charging the sender for the shipping costs.
- Cases of exclusion of the User's right of withdrawal
The right of withdrawal from the contract of sale or supply of Products by the User is excluded, pursuant to and for the purposes of Article 59 c) of Legislative Decree 206/2005 (Consumer Code), with regard to the supply of Products made to measure or clearly customised.
The right of withdrawal for discounted or sale products does not oblige the Holder to refund the price paid, but the latter will be required to issue a voucher in the amount of the price paid to be used for other future purchases on the Application.
- Optional form to exercise the right of withdrawal
The User may withdraw using the following form, which must be completed in full and sent to the e-mail address info@besouth.eu before the withdrawal period expires:
I hereby give notice of withdrawal from the contract of sale or supply relating to the following product __________
Order number:_______
Ordered on: _______
Name and Surname: _______
Address: ______
E-mail associated with the account from which the order was placed: ____________________
Date: __________
- Conformity Warranty on Products for Consumer Users
Consumer Users are granted the conformity guarantee, provided for in Articles 129 et seq. of the Consumer Code, for all the Products sold through the Application, except for the cases of exclusion provided for in Article 128 of the Consumer Code.
The Owner is liable to the User Consumer for any lack of conformity that becomes apparent within two years of delivery. In this case, the User is entitled to have the conformity of the Products restored by means of repair or replacement, without further expense, or to an appropriate reduction in the price, or to the termination of the contract in accordance with the terms and conditions set out in Article 130 of the Consumer Code.
During the first year, the Consumer User does not have to prove that the defect existed at the time of delivery as it is presumed to have already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the conformity defect.
If the User Consumer wishes to avail himself of the remedies under the conformity guarantee, he must send a written notice to info@besouth.eu.
The Controller shall promptly give feedback and indicate to the Consumer User the procedure to be followed.
For all matters not covered by this clause, Articles 128 to 135-septies of the Consumer Code and the articles of the Civil Code on the formation, validity and effectiveness of contracts, including the consequences of termination of the contract and the right to damages, shall apply.
- Industrial and Intellectual Property Rights
All the contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright and trademark law. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorised the Owner to publish them in the Application. Except for strictly personal use, the Contents may not be copied, altered, distributed, published or used without specific authorisation from the Owner.
- Warranty Exclusion
The Application is provided on an ‘as is’ and ‘as available’ basis and the Owner makes no express or implied warranties in relation to the Application, nor does it make any warranty that the Application will meet the needs of Users or that it will be uninterrupted or error-free.
The Owner shall endeavour to ensure that the Application is available 24 hours a day without interruption, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely beyond the Owner's control or for events of force majeure.
- Limitation of Liability
The Holder shall not be liable to the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside its own control or that of its suppliers.
Furthermore, the Holder shall not be liable for any damages, losses and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to him, the User being only entitled to a full refund of the price paid and any additional charges incurred.
The Cardholder accepts no liability for any fraudulent or unlawful use that may be made of credit cards and other means of payment by third parties, as it does not come into contact in any way with the payment data used (credit card number, cardholder's name, password, etc.).
The Holder shall not be liable for:
- any loss of business opportunity and any other loss, including indirect loss, that the User may suffer that is not a direct consequence of the breach of contract by the Controller;
- incorrect or unsuitable use of the Application by Users or third parties;
- the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct input.
In no event shall the Holder be liable for more than double the amount paid by the User.
- Force majeure
The Controller shall not be liable for any failure to perform or delay in performing its obligations due to circumstances beyond the Controller's reasonable control due to force majeure events or, in any event, to unforeseen and unforeseeable events and, in any event, beyond its control.
The fulfilment of obligations by the Holder shall be deemed suspended for the period during which force majeure events occur.
The Controller shall do everything in its power to find solutions that enable the proper fulfilment of its obligations despite the persistence of force majeure events.
- Linking to third-party sites
The Application may contain links to third-party sites/applications. The Owner exercises no control over them and is therefore in no way responsible for the content of these sites/applications.
Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third parties will apply to the individual services, with respect to which the Owner accepts no responsibility.
- Privacy
Personal data will be protected and processed in accordance with the Privacy Policy, which can be found at https://sneakyshoes.it/privacy-policy/.
Applicable Law and Jurisdiction
The Conditions are subject to Italian law.
For the Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring proceedings before a judge other than the ‘consumer court’ pursuant to Article 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in Articles 18, 19 and 20 of the Italian Code of Civil Procedure.
This is without prejudice to the application to Consumer-Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities for communicating the same and the legal guarantee of conformity.
- Online Dispute Resolution for Consumer Users
The Consumer User residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the User Consumer to settle out of court any disputes relating to and/or arising from contracts for the sale of goods and provision of services concluded online. Accordingly, the User Consumer may use this platform to resolve any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/
- Contacts
For any further information, assistance or complaints, Users are invited to send a communication to the following e-mail address: info@besouth.eu, or contact Customer Service at +39 0444 401292
Date ____________________