- Contractual Partner
Media Web Services L.L.C
FZBusiness Center 1, M Floor,
The Meydan Hotel, Nad Al Sheba, Dubai,
U.A.E.Company number 2310384.01
(hereinafter referred to as contractual partner)
- General, scope
All services provided by the contractual partner for the customer are carried out exclusively on the basis of the following general terms and conditions. Deviating regulations only apply to the extent that they have been agreed between the contractual partner and the customer or are expressly stated in these general terms and conditions.
- Changes
We reserve the right to update these terms and conditions if necessary. Changes will be announced in the form of a corresponding notification on the website. It is your responsibility to take note of such changes. The changes apply to the use of the website after we have given the appropriate notification. If you do not accept the new terms and conditions, you should no longer use the website. If you continue to use the website after the changes take effect, you undertake to comply with the new terms and conditions by using this. We reserve the right to temporarily or permanently change or remove this website and the materials contained on it (or parts of it) without notice. By using the website, you confirm that we are not liable to you for changes or deletions to the website or its content. Finally, we reserve the right to deactivate any user identification codes or passwords you have chosen or assigned by us, should you, at our discretion, violate the provisions of these terms and conditions.
- Conclusion of the contract
(1) The customer can select products from the offerer’s assortment, in particular food supplements and cosmetic products, and collect them in a so-called shopping cart using the “Order Now” button. By using the “Order Now” button you submit a binding request to purchase the goods in your cart. Before submitting the order, the customer will be able to modify and view the data at any time.
(2) The contractual partner then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by the contractual partner and does not constitute acceptance of the request. The contract is only concluded when the contractual partner sends the declaration of acceptance, which is sent with a separate email (Order Confirmation). In this email or in a separate email, but at the latest upon delivery of the goods, we will send the customer the contract text (consisting of the order confirmation, order contents and general conditions) a durable medium (email or printed paper). (confirmation of the contract).
- Payment, due date, late payment
(1) Payment for the goods can be made by credit card. The contractual partner reserves the right to accept or exclude certain payment methods in individual cases.
(2) If the customer is in default of payment, he is responsible for any negligence during this time. He is also liable for accidents due to the service, unless the damage would have occurred even if the service had been delivered on time.
(3) Interest is to be paid on the purchase price during the delay. The default interest rate for the year is five percentage points above the base interest rate. For legal transactions in which a consumer is not involved, the interest rate is eight percentage points above the base interest rate.
(4) The assertion of further damages is not excluded.
- Recurring Billing/Subscription
Some of the products may be sold as a subscription, consisting of an initial period for which there is a one-time charge, followed by recurring period charges for additional products as agreed to by you (“paid subscription”). By choosing a paid subscription, you acknowledge that such services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic changes (e.g. monthly) without further authorisation from you. Until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorisation or wish to change your payment method, such notice will not affect charges submitted before we reasonably could act. To terminate your authorisation or change your payment method, please contact us on [email protected]
Notifications; Automatic Order Creation
When you order an eligible product and enrol in the subscription program, you will receive notice that your subscription has been created and that your first order will be processed. Your subscription will thereafter automatically create a new order every 30 days, until you cancel. Prior to the processing of each subsequent order, you will receive a notice via email.
We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.
Eligible Purchases
Subscription benefits are limited to products listed as eligible for subscription, and then only if you select the Subscription delivery method. Subscriptions to the subscription program are good while supplies last. Your participation in the subscription program is personal to you, and you may not assign or transfer your subscription or any of the benefits to any third party without our authorization.
Auto-renewal for paid subscriptions
A subscription you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your paid subscription(s) at any time, contact us on [email protected]. If you terminate a paid subscription, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable paid subscription by contacting us on [email protected] before the end of the recurring term. Paid subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, we will not refund any fees that you have already paid.
Reaffirmation of Authorization
Your non-termination or continued use of a paid subscription reaffirms that we are authorised to charge your payment method for that paid subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the paid subscription.
Free Trials and Other Promotions
Any free trial or other promotion that provides access to free products or free paid subscriptions must be used within the specified time of the trial. You must stop using a paid subscription before the end of the trial period in order to avoid being charged for that paid subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a paid subscription, please contact us at [email protected]
- Coupon Codes
Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order. Coupon codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself. The unauthorised reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. We reserve the right to change or limit coupon codes in its sole discretion.
- Delivery, availability of the goods
(1) You agree to pay any delivery and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate delivery and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, delivery is handled by a third-party courier. When you purchase a product from the contractual partner, any delivery times shown on the online shop are estimates only. Actual delivery dates may vary. The delivery times specified by us are calculated from the time of our order confirmation, assuming advance payment of the purchase price. If no different or different delivery time is indicated in our online shop for the respective goods, it is 3 to 5 working days. If delivery times are extended due to an unexpectedly high order volume or as a result of unforeseen interruptions, the contractual partner will inform the customer immediately in the order confirmation.
(2) If no copies of the product selected by the customer are available at the time of the customer’s order, the contractual partner will immediately inform the customer of this in the order confirmation. If the product is permanently unavailable, the bidder will not issue any declaration of acceptance. In this case the contract is not concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the contractual partner will inform the customer immediately in the order confirmation.
(4) You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. From the time of delivery, the condition and consumption of the products are solely at your risk, and you are solely responsible for the proper and safe handling, preparation, storage, use and consumption of the products following delivery. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible.
- Retention of title
The goods remain the property of the contractual partner until full payment. Prior to the transfer of ownership, pledging, transfer of security, processing or redesign is not permitted without the express consent of the contractual partner.
- Prices
(1) The price stated for our goods is the final price, including any applicable VAT and other price components. The price does not include delivery and shipping costs. We reserve the right to change prices at any time without notice (however, any changes do not apply to orders for which we have already sent you a shipping confirmation).
(2) When the contractual partner’s website is updated, all previous prices and other information about goods become invalid. In the unlikely event that the price displayed on the checkout page is incorrect and we determine this before accepting your order, we are not obliged to sell you the goods at the displayed price. We always strive for the accuracy of the prices of goods on our website. Occasionally, however, errors can occur. Should we discover an error in the price of goods you have ordered, we will notify you as soon as possible and give you the option to confirm your order at the correct price or to cancel it. If you cancel your order but have already paid for the goods (and if they have not yet been shipped), you will be refunded the entire purchase price.
(3) The decisive factor for invoicing is the price at the time the customer submits his offer.
- Right of withdrawal
(a) The contractual partner is entitled to withdraw from the contract with regard to a still outstanding part of the delivery or service if incorrect information has been provided about the customer’s creditworthiness or objective reasons have arisen regarding the customer’s solvency and the latter does not make advance payment at the request of the contractual partner provides suitable security before delivery or if insolvency proceedings are opened against the customer’s assets or an application to initiate insolvency proceedings is rejected due to insufficient assets to cover the costs.
(b) Regardless of the contractual partner’s claims for damages, in the event of partial withdrawal, partial services already provided must be invoiced and paid for in accordance with the contract.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is sixty days:
In the case of a sales contract, from the day on which you or a third party named by you who is not the carrier has or has taken possession of the goods.
In the case of a contract for several goods that were ordered as part of a single order and which are delivered separately from the day on which you or a third party named by you, which is not the carrier, has or has taken possession of the last goods .
In the case of a contract for the regular delivery of goods over a fixed period from the day on which you or a third party other than the carrier nominated by you have taken possession of the first goods.
In order to exercise your right of withdrawal, you must inform the contractual partner of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). Please fill out the following revocation form and send it to us signed by email:
– Sample cancellation form beginning –
Revocation
I/we (*) hereby revoke the contract concluded by me/us (*) for the
purchase of the following goods (*)/the provision of the following service (*):
_______________________________________________________
_______________________________________________________
_______________________________________________________
Order number / Order: _____________________________________
Ordered on (*)/received on (*):
__________________________________________
Name of the consumer(s):
__________________________________________
Address of the consumer(s):
__________________________________________
________________________________________
Signature of the consumer(s)
Date: __________________________________
(*) Delete what is not applicable.
– Sample cancellation form end-
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund to you the payments received from you, excluding all delivery costs, to be repaid when the product is returned to our warehouse and at the latest within fourteen days from the day on which we received the product. For this repayment we use the same payment method that you used for the original transaction.
We will refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever occurs first..
You must return or hand over the goods to the contractual partner immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
Returns will only be accepted if the goods are sent back prepaid, stating the name, address, telephone number and order number.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
Exclusion of the right of withdrawal
Orders for sealed goods, e.g. food supplements, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, or for goods which are not prefabricated and for the manufacture of which an individual selection or determination is made by relevant to the consumer or which are clearly tailored to the personal needs of the consumer or of goods which can spoil quickly or whose use-by date would soon be exceeded cannot be revoked.
In case of cancellation or partial cancellation of products with bonuses (e.g. 2 + 1 free), the bonus must be returned. The final purchase of the products is a condition for the addition, which is advertised together with these products. The addition must be returned together with the cancelled goods to the address indicated in our cancellation policy. You bear the costs of the return. You will only have to pay for any loss in value of the goods if such loss in value is due to handling other than that necessary to verify the nature, properties and functionality of the goods. For additions in sealed packaging that are not suitable for return for health protection or hygiene reasons, we cannot collect the addition and therefore the objective value of the addition will have to be refunded.
– End of revocation –
- Warranty
(1) If the product is defective, the customer has the right to demand the elimination of the defect or the delivery of a defect-free product as supplementary performance. The contractual partner can refuse the type of supplementary performance chosen by the customer if it is only possible at disproportionate costs. In particular, the value of the product in a defect-free condition, the significance of the defect and the question of whether another type of supplementary performance could be used without significant disadvantages for the buyer must be taken into account. In this case, the customer’s claim is limited to the other type of supplementary performance; The right of the contractual partner to refuse this under the conditions of sentence 1 remains unaffected.
(2) If the products have already been used, wear or improper use of the goods may result in a reduction in value after return, which will be offset against a refund of the purchase price.
(3) If the purchase is a commercial transaction for both parties, the customer must inspect the products immediately after delivery, to the extent that this is feasible in the normal course of business. If a defect becomes apparent, he must report this to us immediately. If the customer fails to notify us, the products are deemed to have been approved, unless there is a defect that was not apparent during the inspection. If such a defect becomes apparent later, the report must be made immediately after discovery; otherwise the products are deemed approved even in view of this defect. These provisions do not apply if the defect was fraudulently concealed. To preserve the customer’s rights, it is sufficient to send the advertisement in a timely manner.
(4) If the contractual partner delivers a defect-free product for the purpose of supplementary performance, he can demand that the customer return the defective product.
(5) Damage caused by improper or non-conforming measures by the customer during installation, connection, operation or storage does not constitute a claim against the contractual partner. The impropriety and lack of conformity are determined in particular by the information provided by the manufacturer of the products delivered.
- Limitation of Liability
(1) The contractual partner is only liable for damage other than damage to life, limb and health if this damage is based on intentional or grossly negligent action or on culpable violation of a material contractual obligation by the contractual partner or its vicarious agents. Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected.
(2) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. The contractual partner is therefore not liable for the availability of the online shop at all times.
- Medical Advice
The contractual partner does not offer medical advice or diagnoses, self-management of health problems, nor does it endorse any particular type of medical treatment or engage in the practice of medicine. Our services are not intended to be a substitute for professional medical advice, diagnosis, or treatment and are offered for informational and communicative purposes only. The services are not intended to be, and must not be taken to be, the practice of medicine, nursing, pharmacy or other healthcare advice by the contractual partner.
The services are not meant to diagnose or treat any conditions – only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs. Reliance on any information provided by the contractual partner or in connection with the services is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the services.
You acknowledge that although some content may be provided by individuals in the medical profession, the provision of such content does not create a medical professional/patient relationship between you and the contractual partner or between you and any other individual or entity, and does not constitute an opinion, medical advice, or diagnosis or treatment. Healthcare providers and patients should always obtain applicable diagnostic information from appropriate trusted sources. Healthcare providers should never withhold professional medical advice or delay in providing it because of something they have read in connection with our services.
The services, products and content should never be used as a substitute for emergency care. If you have a medical or mental health emergency, you should seek emergency treatment at the nearest emergency room.
You may contact us with general questions regarding our products, but do not send us any specific medical, therapeutic or treatment questions.
- Data protection
All personal data required to carry out the order will be stored in machine-readable form and treated confidentially. The data necessary to process an order, such as name and address, are passed on to the companies commissioned to deliver the goods as part of the delivery.
- Communication
As part of the services, you may receive communications through the services, including messages that the contractual partner sends you (for example, via email or SMS). When signing up for the services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the services and providing us with your wireless number, you confirm that you want the contractual partner to send you information that we think may be of interest to you, which may include the contractual partner using automated dialling technology to text you at the wireless number you provided, and you agree to receive communications from the contractual partner, and you represent and warrant that each person you register for the services or for whom you provide a wireless phone number has consented to receive communications from the contractual partner. You agree to indemnify and hold the contractual partner harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
To the extent you voluntarily opt to have SMS notifications sent directly to your wireless phone number, the following terms apply:
(a) your mobile provider’s standard messaging rates apply to our confirmation SMS and all subsequent SMS correspondence. You may choose to receive our mobile alerts by signing up. Message and data rates may apply, according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving text messages. Under no circumstances will we be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive our text alerts. Pre-paid phones or calling plans may not be supported. You may receive a bounce back message for every message you send to us.
(b) We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an as is basis.
Data obtained from you in connection with this SMS service may include your cell phone number, your provider’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the Services you request from us. We will never share this information with a third party, except as expressly provided in our Privacy Policy.
- Place of jurisdiction
The contracting parties agree on the application of the law of the British Kingdom. London is agreed as the place of jurisdiction for disputes arising from the contract.
- Severability clause
If any provision of these Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions of these Terms and Conditions remain unaffected.
- Withdrawal from the contract
In the event of a justified withdrawal from the contract by a consumer, the purchase contract will only be refunded step by step against the return of the goods received by the buyer. The condition for this is that the goods are in their original packaging and undamaged, as well as the original invoice. For items that are affected by signs of use or whose packaging is damaged, an appropriate fee will be charged for the reduction in value. The return shipping costs are borne by the buyer.