In these general terms and conditions, the following terms shall have the meanings given below:
- Supplier :
NL - 2913 LV Nieuwerkerk a/d IJssel
K.v.K./C.o.C. nr. 57279500
- Customer :The party that gives the assignment, both company and private person
a. These general terms and conditions are applicable for all products and agreements of supplier.
b. These general terms and conditions shall apply to all legal relationships between the customer and the supplier, subject to changes to these terms and conditions which must be explicitly confirmed in writing by both parties. The applicability of general terms and conditions of the customer is expressly excluded.
c. The customer that has ordered or purchased from the supplier, verbally, in writing, by phone or by email, automatically agrees with these general terms and conditions for this and future orders.
The customer can place an order both verbally and in writing by phone, fax, email or by website of the supplier, known as, www.dancelife.nl or www.dancelife.eu. All orders placed by customer are binding.
These general terms and conditions are applicable for at least the following products:
a. Shoes: The current Dancelife shoe collection as mentioned in the catalogue of the supplier (both booklet and website), and shoe collections featured explicitly by Dancelife, such as Vita Danza. Other brands or styles are excluded from these general terms and conditions, unless agreed otherwise explicitly confirmed in writing by both parties.
b. CDs: The current CD collection as mentioned in the catalogue of the supplier (both booklet and website). CDs from others are excluded from these general terms and conditions, unless agreed otherwise explicitly confirmed in writing by both parties.
i. Copying of CDs without permission of STEMRA is an infringement on the authorship thus is part of the penal law. Such a foul damages the full dance and music sections and especially threatens the production of new dance music, prominently the basic condition for comfortably dance instruction.
c. Swarovski: The current Swarovski Elements collection as mentioned in the catalogue of the supplier (both booklet and website). Other Swarovski (Elements) products are excluded from these general terms and conditions, unless agreed otherwise explicitly confirmed in writing by both parties.
d. Practice Wear: The current Practice Wear collection as mentioned in the catalogue of the supplier (both booklet and website), and practice wear collections featured explicitly by Dancelife. Other Practice Wear is excluded from these general terms and conditions, unless agreed otherwise explicitly confirmed in writing by both parties.
e. Collection Dresses: The current Dress collection as mentioned in the catalogue of the supplier (both booklet and website and showroom/portfolio), and Dress collections featured explicitly by Dancelife, such as Rumoer and Ruben Monfrooy. Other Dresses are excluded from these general terms and conditions, unless agreed otherwise explicitly confirmed in writing by both parties.
f. Dresses/Exclusive Collection/Design Sketches: all of the specifically designed Dresses, Exclusive Collections and Design Sketches.
a. Deliveries are ex works.
b. The supplier will do its best to ship the order at once. The supplier is also allowed to ship the order in parts in case products are not on stock. The products in backorder will be send to the customer as soon as possible.
c. The customer is allowed to cancel the products in backorder.
d. Shipment will be prepared on a daily base and the transport company will deliver the shipment as soon as possible depending on the area of the customer. Supplier is not responsible for possible delays of the delivery.
e. When the customer informs the supplier of a desired delivery date, the supplier will do its best to meet this requirement but cannot guarantee timely delivery.
f. Depending on the nature of the product and the related worth, alternative means of transportation may be chosen, for example with additional insurance and/or alternative packaging. Possible additional costs will be at expense of client.
a. Private customers can choose from the following payment methods:
i. payment in advance by bank transfer,
ii. credit card,
iii. cash payment
Our Bank details are:
ING Groep N.V.:
1102 MG Amsterdam
b. For business partners the invoice of the actual order will be sent by the supplier upfront of the delivery of the order. The supplier will only deliver on the “payment in advance”, unless agreed otherwise explicitly confirmed in writing by both parties. Payment methods accepted by the supplier, if agreed, are;
i. payment in advance by bank transfer,
ii. credit card (3% surcharge),
iii. collection of account (if supported by local bank)
iv. cash payment or
c. If customer buys on account the (pro forma)invoice needs to be paid within 14 days after invoice date.
d. Unless agreed otherwise explicitly confirmed in writing by both parties, Dancelife purchases on account. The invoice will be paid on the third Friday of the month with a minimum of 45 days after invoice date.
e. After the expiry date of the second reminder of payment, the supplier will charge the customer a fee of € 14,- for administration costs. On the third reminder of payment the supplier shall be entitled, after having demanded payment for the second time and the payment term as mentioned on the second reminder has expired, to charge an interest 1,5% per month as from the due date of the second reminder until the date on which payment is made in full, without any further notice of default being required and without prejudice to the other rights of the supplier. All reasonable judicial and extrajudicial (collection) costs incurred by the supplier as a result of customer’s failure to fulfill his payment obligation, shall be for the account of the customer. The extrajudicial costs shall be set at a minimum of 15% of the amount owed with a minimum of € 250,-.
f. For all customers but explicitly the CD Club members, the collection of account will be done on the last day of the month within 2 weeks in the following month. If the customer wants to deduct, a still to return product as stated in clause 12, in the running month he needs to return the products 7 working days before the last day of the month. Otherwise the credit invoice will be deducted from the amount of the following month.
g. Settlement of invoices older than 12 months can only be handled after payment of € 45,- for extra administration costs.
h. Closing a Dancelife account which includes returning credit will only take place after a payment of € 45,- for administration costs
i. Payments received in cash or into our bank account are to be in Euro Currency and should reflect the same amount as stated on our official invoices unless otherwise agreed by email or letter.
j. Payments in other than Euro Currency should represent the invoice amount once converted and received in our Euro account.
k. In the event that payment is not fully made Dancelife has the right to withhold delivery of any further goods.
a. All delivered products will remain in the possession of supplier until the full amount of the invoice has been received by supplier, also when the products have been stolen or been delivered to a third party.
b. Design Sketches and designs remain ownership of Supplier until full settlement of payment by the customer.
i. It is not allowed to produce, copy or in any other way use the Design Sketches and/or designs other than in cooperation with Dancelife. Upon use of Design Sketches and/or designs elsewhere without specific approval of Dancelife in writing, Dancelife will fine customer for the full retail sales worth of the final product as per Dancelife intention.
a. All prices are excluding shipping/transport costs and excluding return costs, furthermore the prices are excluding VAT and any local taxes or import duties and possible payment charges.
b. For business customers who:
i. have “Teacher” price lists, a minimum order amount of € 75,- is required;
ii. have “Wholesale” price lists, a minimum order amount of € 350,- is required;
If the total order amount does not reach above mentioned amounts, the supplier is entitled to charge a fee of € 6,50 for handling/ administration costs per order for the “Teacher” and € 15,- for handling/ administration costs per order for the “Wholesaler”.
c. Price list is binding except for prices subject to printing faults and changes.
d. Pricelists and prices mentioned in our website are in Euro Currency only and are binding except for obvious printing errors.
e. Dancelife is entitled to issue new pricelists without prior notice. They automatically cancel and overrule all previous prices, pricelists and quotations.
f. For the product group Dresses, Exclusive Collection and Design Sketches, no standard pricelist applies. Prices will be agreed upon in writing, based on the specific indications of Clients’ wishes. Production will only start after full agreement and understanding of pricing and payment terms involved.
Supplier will not charge handling-/administration costs for back orders, only the transport costs of the initial order will be charged.
10. Special products
a. Music - For Special products (for example: Personal CD or Formation Music), the customer needs to pay
i. In case of automatic collection of account; after completion of the Master CD the full invoice amount will be withdrawn automatically from the account
ii. In case of alternative payment; customer will receive a pro forma invoice with full projected charges. Before starting the production of the CD the customer needs to pay the pro forma invoice in full
iii. In case of additional changes after completion of the Master CD, additional costs may apply, and if so, will be charged.
b. Dresses - For Dresses other than Collection Dresses, there is a down payment upon order required of 50%. Second half of the invoice is required to be paid before shipment of product, unless otherwise agreed by both parties in writing.
a. Dancelife products are made to a very high standard of top quality materials. We therefore guarantee them to be free from any manufacturing fault. 30 days after the invoice date the guarantee will expire. We do not guarantee that they are suitable for your requirements. It is up to the purchaser to ensure that they are suitable for your needs or performance in your specific circumstances.
b. Due to color sensitivity in fabrics Dancelife cannot guarantee Color Fastness in any product.
12. Return policy
a. Goods can only be returned within 30 days after the invoice date. Only unused, undamaged and unsoiled in their original packaging can be returned and must be with (a copy of) the invoice attached. Goods that do not meet these requirements will not be accepted by the supplier.
b. Supplier only accepts returns addressed to:
2913 LV Nieuwerkerk A/d IJssel
c. Dancelife BV is not responsible for returns that are lost in transit back to us.
d. Discount products cannot be returned
e. CD’s from the CD-Club must be returned within 7 working days after invoice date to get the credit invoice for that month.
f. The total amount of the credit note can never be higher than the original amount of the invoice.
g. All extra costs such as Shipping/Handling charges will not be refunded.
h. Dancelife will not accept the returns of product specifically made for customer, such as for example customized CD’s, Dresses made specifically for Customer or Exclusive Collections.
i. Dancelife shall not be liable for any problems that might occur when customer has taken tailoring measurements himself.
13. Credit invoices
a. The supplier creates a credit invoice for the returned products. No amount can be deducted before the credit invoice is made.
b. Transfer credit invoices
i. The supplier will transfer the amount of the credit invoice to private customers.
ii. The supplier will not transfer the amount of the credit invoice if it is a business customer. The amount of the credit invoice will be deducted on future orders.
iii. For teachers the maximum credit amount is € 500,-. The amount of the credit invoice will be deducted on future orders.
c. Possible administration costs will be cleared on the credit invoice for the returns.
14. Intellectual property and copyrights
a. Without prejudice to the other stipulations of the present general terms and conditions, Dancelife shall reserve the rights and authorities to which Dancelife is entitled under the Copyright Act.
b. The customer shall not be allowed to introduce changes to the goods and material provided, unless the nature of the delivered goods and material dictates otherwise or if agreed upon otherwise in writing.
c. The designs, sketches, drawings, films, photos, music, samples, software, (electronic) files, etc possibly produced by Dancelife within the framework of the agreement, shall remain Dancelife’s property, irrespective of the fact whether they have been handed over to the customer or to third parties, unless agreed upon otherwise in writing.
d. The designs, sketches, drawings, films, photos, music, samples, software, (electronic) files, etc provided by Dancelife, shall be destined to be used by customer exclusively and must not be reproduced, made public or brought to the notice of third parties by customer without prior consent from Dancelife, unless the nature of the documents provided dictates otherwise.
e. Dancelife shall reserve the right to use the knowledge gained due to the execution of the work for other purposes, in so far no confidential information shall be brought to the notice of third parties when doing so.
15. The supplier’s liability, indemnity
a. Possible liability of the supplier is limited to only that amount that customer has fulfilled to supplier regarding the order/delivery.
b. Eventual liability of supplier is limited to liability of direct costs and direct damage (only known as repair costs and eventual costs of substitution) directly linked to and/or caused by an imperfection in the accomplishment of the agreement. Supplier is not responsible for any indirect costs and any indirect damage (under which lost benefits, damaged loss) in any way connected to and/or caused by an imperfection in the accomplishment of the agreement
c. Customer guards supplier against all claims of third parties regarding recommendation of costs, damages or different, which directly and indirectly are connected the accomplishment of the agreement between supplier and customer.
d. If the customer provides Dancelife with information carriers, electronic files or software etc, the former shall guarantee that said information carriers, electronic files or software etc are free of viruses and defects.
16. Force Majeure
A party shall not be obliged to perform any obligation if it is prevented from doing so by a situation of force majeure. When supplier cannot keep its promises as settled in the agreement, partially or completely due to force majeure, both parties are entitled to terminate the agreement without the parties otherwise owning each other anything. Under force majeure shall also be included defects of installations, customs problems and/or delay in shipment from the factory.
Dancelife shoes are high quality products and need to be handled with care. To ensure the long lasting quality, it is recommended to follow the instructions:
i. The shoes needs to be ventilated after wearing (recommended to use a shoe tree)
ii. Do not bring in contact with sharp objects
iii. Do not wear outside
iv. Do not spill any liquid on the shoes
v. The uppers of the shoes must be treated with the right safeguarding products which will prevent the shoe to wear out easily
vi. Heel tips must be replaced in time to prevent damage to the heel. Heel Protectors are strongly recommended
vii. Do not use with force
viii. Do not stress out the material this might cause unnecessary damage to the shoes
ix. When purchasing Dancelife shoes make sure the shoes are suitable to your feet
x. Please take a look at the essentials from Dancelife for more safeguarding products.
Dresses are high quality products and need to be handled with care. To ensure the long lasting quality, it is recommended to follow the instructions:
i. The dresses need to be ventilated after wearing
ii. Do not bring in contact with sharp objects
iii. Do not wear outside
iv. Do not spill any liquid
v. The dress may be washed, but only hand washed
vi. Do not stress out the material this might cause unnecessary damage to the dress
vii. Dresses may not be stored while exposed to direct sunlight. This might affect coloring of the fabric(s).
18. Applicable law and disputes
a. Dutch law shall govern the agreements between supplier and customer.
b. Disputes arising between the supplier and the customer in connection with an agreement concluded between the supplier and the customer or in connection with further agreements which arise under this shall be settled through arbitration in accordance with the Arbitration Regulations of the Foundation for the Settlement of Automation Disputes in Rotterdam, all of this without prejudice to the parties’ right to request relief in interlocutory arbitration proceedings and without prejudice to the parties’ right to take protective prejudgment measures.