General Terms and Conditions & Right of Revocation

As of these GTC. October 18, 2024

1. Scope of Application

These General Terms and Conditions (GTC) apply to all orders and deliveries between ViaLym Flexco, Frauentorgasse 72-74, 3430 Tulln/Donau, Austria (hereinafter: ViaLym) and its customers via the online store www.vialym.com

2. Order process, conclusion of contract, quantity limits, commercial resale

1. Order process

ViaLym offers its customers a range of feed supplements for horses and pets. By clicking on the products or the article names, the customer can access the product details, e.g. the product's properties, size or ingredients. By selecting the desired quantity and clicking on the shopping cart symbol, the product is placed in a virtual shopping cart.

By clicking on the “Shopping cart” button, which is displayed at the top right of the online store, the customer is taken to an overview page and can check at any time which goods are in their virtual shopping cart and make changes if necessary.

When the customer is ready to complete their purchase, they can proceed by clicking on the “Order/Checkout” button. Returning customers can enter their username and password here to automatically use their stored information for the order. Alternatively, the customer can register as a new customer and create a customer account or continue shopping without setting up a customer account. In this case, the customer must enter their address and billing information on the following page.

By clicking on the “Next” button again, the customer is taken to the penultimate step of the order process

“Preview”. Here, the customer receives a summary of their order, including the price (incl. VAT) and information about the delivery service and costs.

By clicking the “Buy” button, the order is completed. This constitutes a binding offer.

Vialym does not charge for the use of distance communication systems, but the customer may incur the usual costs for the use of these services with third parties (e.g. mobile operators, internet providers).

2. Conclusion of contract

a. The goods offered in the shop are sold exclusively to non-commercial persons, i.e. only to consumers who conclude the legal transaction for purposes that cannot be attributed to their commercial or self-employed professional activity. The offers appearing on our website www.vialym.com are therefore not directed at companies. Entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.

b. The descriptions of the range in the online shop are for illustrative purposes only and do not constitute binding offers for sale. The customer submits a binding offer to conclude a purchase contract by completing the ordering process by clicking on the “Buy” button. The customer will then receive an automated confirmation of receipt of the order by email (order confirmation). This order confirmation does not constitute an acceptance of the offer. The contract with vialym is only concluded when vialym declares its acceptance of the offer. The declaration of acceptance of the offer is made when vialym confirms shipment to the customer by e-mail within five working days of receipt of the order (shipping confirmation). If the customer does not receive a shipping confirmation within the aforementioned period, a contract with vialym will not be concluded.

c. The contract language is German.

3. Contract text

The contract text will be saved by us until the order has been completed and then archived for tax and commercial law reasons. After vialym has received the order, the customer will receive a separate confirmation e-mail from vialym, which contains the essential contents of the contract, including the General Terms and Conditions valid at the time of the conclusion of the contract. If you lose your order documents, please contact us by e-mail. We will be happy to send you a copy of your order data.

4. Quantity restrictions, maximum order value, commercial resale

The offered goods are only available in household quantities and only to adults. In case of deception of customers, Vialym reserves the right to take legal action. The maximum permissible order value is €1,900. The commercial resale of goods is not permitted. Vialym reserves the right not to accept offers that give the impression of being made for the purpose of commercial resale of the goods.

3. Prices and shipping costs

All prices include VAT and other price components and are exclusive of any shipping costs.

Please refer to our country information for details of shipping costs to our delivery countries. If you order vialym products for delivery outside the EU, import duties and taxes may apply, which will be levied as soon as the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

4. Delivery

We only deliver in Austria, Germany and Switzerland.

The delivery time is 3-5 business days, unless otherwise stated in the offer. The delivery period begins on the day after the contract is concluded, except for advance payment: here the period begins on the day after the payment order is issued. If the last day of the period falls on a Saturday, Sunday or a public holiday at the place of delivery, the period is automatically extended to the next business day.

Information on delivery and shipping conditions can be found here.

If not all ordered products are in stock, vialym is entitled to make partial deliveries at its own expense, provided this is reasonable for the customer.

If vialym is not supplied by its suppliers through no fault of its own and is unable to deliver the ordered product, vialym may withdraw from the contract. In this case, vialym will immediately inform the customer and suggest a comparable product. If no comparable product is available or the customer does not want to receive this product, vialym will immediately refund the customer for any consideration already provided.

Delivery within the EU is duty-free. For deliveries to countries outside the EU, the customer is responsible for any applicable customs duties, taxes and other fees.

If delivered items show signs of damage during transportation, ViaLym's customer service should be notified immediately if possible. This enables ViaLym to claim the damage from the carrier or the transport insurance company. If the customer fails to report transport damage, this has no effect on his statutory warranty rights.

In order to fulfill orders in the best possible way and to optimally inform our customers about the shipping status, ViaLym provides the respective delivery company with the customer's e-mail address and, if provided, the customer's telephone number (for delivery notification). ViaLym considers both the interests of the customer and its own interests to be in balance with each other, especially since the delivery companies are highly committed to protecting personal data and use the data exclusively for the purpose of providing shipping information. You can also find more information on this in our data protection information.

5. Retention of title

The goods remain the property of ViaLym until full payment has been received. Prior to transfer of ownership, no pledging, transfer by way of security, processing or transformation is permitted without the consent of ViaLym.

6. Right of withdrawal

You have the right to revoke this contract within fourteen days without stating any reasons. The revocation period is fourteen days with effect from the day on which you or a third party nominated by you, which is not the carrier, had taken possession of the goods;

To exercise your right of revocation, you must inform us

ViaLym FlexCo, Frauentorgasse 72-74, 3430 Tulln/Donau, +43676 6994476, info@vialym.com

of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

You can fill in the model withdrawal form and send it to

Vialym FlexCo, Frauentorgasse 72-74, 3430 Tulln/Donau [info@vialym.com](mailto:info@vialym.com).

Vialym FlexCo, Frauentorgasse 72-74, 3430 Tulln/Donau

[info@vialym.com](mailto:info@vialym.com)

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)

-Ordered on (*)/received on (*)

- Name of consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for paper-based notification)

- Date

(*) Delete as applicable.

If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such a revocation.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this repayment.

We may refuse a repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us, to

Vialym Logistikhub, ‍Riglergasse 13/1, 1180 Vienna, Austria.

The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their nature, properties and functionality.

7. Warranty and liability

The statutory warranty rights apply.

Veterinary prescribed dietary supplements should only be used as recommended and under regular supervision of your veterinarian. The veterinarian should be seen regularly (every 6 months) for check-ups while feeding and immediately if there is any deterioration in the animal's health. vialym does not accept any liability for the consequences of improper use of veterinary prescribed diet food.

8. Payment methods, vouchers, default interest and other default damages, invoices**

1. Payment methods

In principle, we offer you a choice of the following payment options: (please add or delete): a. payment by direct debit, b. payment by credit card, c. payment by PayPal, e. payment by Klarna. We reserve the right, for each order, in individual cases or depending on the shipping method chosen by the customer, not to offer certain payment methods or to accept only certain payment methods and to refer to other payment methods. Payment by sending cash or checks is not possible and vialym is not liable for any loss.

a. Payment by direct debit/bank transfer

Payment by direct debit/bank transfer is only possible from accounts within the European Union. The debit will take place within one day of the goods being shipped. The pre-notification period is reduced to one day. If the credit institutions charge fees, vialym reserves the right to pass these on to the customer. This applies in particular to chargebacks due to insufficient funds or due to incorrect data provided by the customer.

b. Payment by credit card

When paying by credit card, the charge will be made within one week of shipment of the goods (we accept MasterCard and Visa).

c. Payment by PayPal

You pay directly via your PayPal account. After sending your order, you will be redirected to PayPal, where you can authorize the order value. As soon as our PayPal account has been informed of your authorization, the goods will be shipped – depending on the specified delivery time of the item. Your PayPal account will be debited immediately after authorization with the actual invoice amount after deduction of discounts, gift vouchers, etc.

d. Payment via Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the Klarna PayLater payment method. Payment is made to Klarna. For more information, please refer to Klarna's terms of use. General information about Klarna is available here (https://www.klarna.com/de/). Your personal data will be processed by Klarna in accordance with the applicable data protection laws and in accordance with the information in Klarna's data protection provisions.

2. Vouchers

When redeeming promotional vouchers, the special redemption conditions must be observed. Corresponding information can be found on the vouchers.

3. Interest on arrears and other damages caused by default

If the customer is in default of payment, interest shall be paid on the purchase price at the applicable statutory default interest rate during the period of default. vialym reserves the right to prove and claim higher damages caused by default.

9. Data protection

vialym takes the protection of its customers' data seriously. vialym's privacy policy can be found [here](https://vialym.com/pages/data-protection).

10. Marketing & Customer Communication

If the customer enters into a contract with vialym for the purchase of a product or service and provides his/her e-mail address, vialym can use this e-mail address for direct advertising for similar goods or services.

The customer has the right to object to the use of the e-mail address for this purpose at any time, without incurring any costs other than the transmission costs according to the basic rates. For this purpose, each e-mail contains an unsubscribe link. Alternatively, the objection can be explained at any time by e-mail to info@vialym.com.

11. Operator of the web shop

ViaLym FlexCo, Frauentorgasse 72-74, 3430 Tulln/Donau, Austria

Business activity: Trade in zoological items**; Member of WKÖ, WKNÖ, Federal and State Technical Committee “Mail Order, Internet and General Trade”

E-mail: info@vialym.com Commercial register number: FN 620149 i, Registered office: Tulln an der Donau Commercial register court: St. Pölten Regional Court, Trade authority: District Commission Tulln, professional law: Trade regulations: [www.ris.bka.gv.at](https://www.notion.so/pee-tee/www.ris.bka.gv.at) VAT registration number ATU80338305

12. Online dispute resolution for consumers

Consumers have the opportunity to submit complaints to the EU's online dispute resolution platform: [https://ec.europa.eu/consumers/odr](https://ec.europa.eu/%20consumers/odr). We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

ViaLym uses the GeoLite2 database created by MaxMind, which is accessible at [http://www.maxmind.com](http://www.maxmind.com/)

.

13. Final Clauses

Should any of the provisions of these General Terms and Conditions be invalid, the remaining provisions shall remain valid. Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their usual place of residence at the time of their order.

These General Terms and Conditions are dated: October 18, 2024