General terms and conditions
Article 1 - Definitions For the purposes of these terms and conditions, the following definitions apply: Withdrawal period: the period within which the consumer can exercise their right of withdrawal; Consumer: the natural person who is not acting in the course of a profession or trade and who concludes a distance contract with the trader; Day: calendar day; Duration of the transaction: a distance contract relating to a series of goods and/or services, the delivery and/or purchase obligations of which are staggered over time; Durable medium: any means which enables the consumer or trader to store information addressed personally to them in a way that allows for future reference and unaltered reproduction of the stored information; Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period; Trader: the natural or legal person who offers goods and/or services to consumers at a distance; Distance contract: an agreement concluded under a system organized by the trader for the distance selling of goods and/or services, where, up to and including the conclusion of the agreement, only one or more means of distance communication are used; Distance communication technology: Means that can be used to conclude an agreement without the consumer and entrepreneur having to meet in the same room at the same time. General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Viarla
Omni Ventures Com FZ-LLC
RAKEZ Compass Coworking, BIZ00155, Al Hamra Industrial Zone-FZ Ras al-Khaimah, United Arab Emirates
Email address: service@viarla.com
Article 3 - Applicability These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer. Before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions can be viewed at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request. If, contrary to the preceding paragraph, the distance contract is concluded electronically, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply accordingly, and in the case of conflicting general terms and conditions, the consumer may always invoke the provision most favorable to them. Should one or more provisions of these general terms and conditions be wholly or partially invalid or unenforceable at any time, the remainder of the contract and these terms and conditions shall remain in full force and effect, and the provision in question shall be replaced immediately by mutual agreement with a provision that comes as close as possible to the meaning and purpose of the original provision. Situations not provided for in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.
Article 4 - The Offer If an offer has a limited validity period or is subject to conditions, this must be expressly stated in the offer. The offer is non-binding. The trader is entitled to change and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the trader. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the contract. The product images are a true representation of the products offered. The trader cannot guarantee that the colors shown exactly match the actual colors of the products. Every offer contains information from which the consumer can see what rights and obligations are associated with accepting the offer. This applies in particular to: the price excluding customs clearance costs and import VAT. These additional costs are borne by and at the risk of the customer. The postal and/or courier service applies the special regulations for postal and courier services upon import. These regulations apply when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will charge the recipient of the goods VAT (where applicable, together with customs clearance fees); any shipping costs; the method of concluding the contract and the actions required for this; the applicability of the right of withdrawal; the method of payment, delivery, and performance of the contract; the period for accepting the offer or the period within which the trader guarantees the price; the level of the distance communication tariff if the costs for using the technology for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used; whether the contract is archived after its conclusion and, if so, how it can be accessed by the consumer. The manner in which the consumer can check and, if desired, correct the data provided by them within the framework of the contract before its conclusion; any languages other than Dutch in which the contract can be concluded; the codes of conduct to which the trader has subscribed and how the consumer can access these codes of conduct electronically; and the minimum duration of the distance contract in the case of a continuing transaction. Optional: available sizes, colors, and types of materials.
Article 5 - The Contract Subject to the provisions of paragraph 4, the contract is concluded the moment the consumer accepts the offer and fulfills the conditions stipulated therein. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may withdraw from the contract. If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures. Within the legal framework, the trader may obtain information about the consumer's ability to meet their payment obligations, as well as about all facts and factors that are important for the responsible conclusion of the distance contract. If, based on this investigation, the trader has good reason not to conclude the contract, they may refuse an order or application, stating the reasons, or make its execution subject to special conditions. The trader shall provide the following information with the product or service, either in writing or in a way that allows the consumer to store it on a durable medium: 1. the address of the trader's place of business where the consumer can submit complaints; 2. the conditions and procedures for exercising the consumer's right of withdrawal, or a clear indication that the right of withdrawal is excluded; 3. information on guarantees and existing after-sales service; 4. the information specified in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer before the contract was performed; 5. the conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration. In the case of a continuing contract, the provision of the preceding paragraph applies only to the first delivery. Every agreement is subject to the condition precedent of sufficient availability of the products in question.
Article 6 - Right of Withdrawal When purchasing products, the consumer has the option to withdraw from the contract without giving any reason within a period of 14 days. This cooling-off period begins on the day after the consumer, or a representative designated by the consumer in advance and communicated to the trader, receives the product. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they must return the product to the trader with all accessories supplied and – where reasonable – in its original condition and packaging, following the reasonable and clear instructions provided by the trader. If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer should do so in writing/by email. After the consumer has declared their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide proof of timely return of the delivered goods, e.g., by means of a shipping receipt. If the customer has not expressed their intention to exercise their right of withdrawal or has not returned the product to the trader after the expiry of the periods specified in paragraphs 2 and 3, the purchase is considered final.
Article 7 - Costs in the event of cancellation If the consumer exercises their right of cancellation, the costs of returning the goods shall be borne by the consumer. If the consumer has paid an amount, the trader shall reimburse this amount as quickly as possible, but no later than 14 days after cancellation. This is conditional upon the goods already having been returned to the trader or conclusive proof of complete return being provided.
Article 8 - Exclusion of the Right of Withdrawal The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer at least in good time before the conclusion of the contract. The exclusion of the right of withdrawal is only possible for products: 1. that have been manufactured by the trader according to the consumer's specifications; 2. that are clearly personalized; 3. that cannot be returned due to their nature; 4. that are liable to deteriorate or expire rapidly; 5. whose price is subject to fluctuations in the financial market which are beyond the trader's control; 6. for individual newspapers and magazines; 7. for audio and video recordings and computer software whose seal has been broken by the consumer; 8. for hygiene products whose seal has been broken by the consumer. The exclusion of the right of withdrawal is only possible for services relating to: 1. accommodation, transport, catering, or leisure activities, which are to be provided on a specific day or within a specific period; 2. whose delivery has begun with the express consent of the consumer before the end of the cooling-off period; 3. which concern betting and lotteries.
Article 9 - The Price During the validity period stated in the offer, the prices for the products and/or services offered will not be increased, except for price changes due to changes in VAT rates. Notwithstanding the preceding paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no control, at variable prices. This connection to fluctuations and the fact that the prices quoted are target prices will be mentioned in the offer. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory provisions or regulations. Price increases after 3 months from the conclusion of the contract are only permitted if the trader has agreed to them and: 1. they result from statutory provisions or regulations; or 2. the consumer is entitled to terminate the contract on the day the price increase takes effect. The place of supply within the meaning of Article 5, paragraph 1 of the 1968 VAT Act is the country where the transport begins. In this case, this supply takes place outside the EU. The postal or courier service then collects import VAT or handling fees from the customer. Therefore, the seller does not charge VAT. All prices are subject to change without notice. No liability is accepted for the consequences of printing or typesetting errors. In the event of printing or typesetting errors, the seller is not obligated to deliver the goods at the incorrect price.
Article 10 - Conformity and Warranty The trader guarantees that the products and/or services conform to the contract, the specifications stated in the offer, reasonable requirements for suitability and/or usability, and the statutory provisions and/or government regulations in force at the time of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for purposes other than its normal use. A warranty provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the trader based on the agreement. Defective or incorrectly delivered products should be reported to the trader in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition. The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if: the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or otherwise handled negligently or contrary to the instructions of the entrepreneur and/or on the packaging; the defect is wholly or partly the result of regulations that the state has issued or will issue regarding the type or quality of the materials used.
Article 11 - Delivery and Execution The company will exercise the utmost care in receiving and processing product orders. The place of delivery is the address provided by the consumer to the company. Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge and the right to claim any damages. In the event of termination pursuant to the preceding paragraph, the company will refund the amount paid by the consumer as quickly as possible, but no later than 14 days after termination. If delivery of an ordered product is not possible, the company will endeavor to provide a substitute item. At the latest upon delivery, it will be clearly and comprehensibly indicated that a substitute item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipping are borne by the seller. The risk of damage to and/or loss of products remains with the seller until the time of delivery to the consumer or a representative designated in advance and communicated to the seller, unless expressly agreed otherwise.
Article 12 - Contracts with Extended Term: Term, Termination and Renewal Termination The consumer may terminate an open-ended contract for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month. The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time at the end of the fixed term, in accordance with the applicable termination rules and subject to a maximum notice period of one month. The consumer may terminate the contracts referred to in the preceding paragraphs at any time and is not limited to termination at a specific time or within a specific period; they may terminate them at least in the same manner as they entered into them; they may always terminate them with the same notice period that the trader has stipulated for themselves. Renewal A fixed-term contract for the regular supply of goods (including electricity) or services may not be tacitly renewed or extended for a specific term. Notwithstanding the preceding paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer can terminate this renewed contract at the end of the renewal period with a notice period of no more than one month. A fixed-term contract for the regular delivery of goods or the provision of services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract concerns the regular delivery of daily or weekly newspapers and magazines less frequently than once a month. A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines under an introductory subscription (trial or introductory subscription) is not tacitly renewed and terminates automatically at the end of the trial or introductory period. Term: For contracts with a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless reasonableness and fairness preclude termination before the end of the agreed term.
Article 13 - Payment Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement. The consumer is obliged to inform the trader immediately of any inaccuracies in the payment details provided or mentioned. In the event of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the consumer the reasonable costs communicated to him in advance.
Article 14 - Complaints Procedure Complaints regarding the performance of the contract should be submitted to the trader, fully and clearly described, within 7 days of the consumer discovering the defects. Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved amicably, a dispute arises, which is subject to the dispute resolution procedure. A complaint does not suspend the trader's obligations unless the trader states otherwise in writing. If the trader finds a complaint to be justified, the trader will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.