General Terms and Conditions & Right of Withdrawal

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. Ordering process, conclusion of contract, quantity limitation, commercial resale

1. Ordering 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 features, size or ingredients. By setting 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 at the top right of the online store, the customer is taken to an overview page and can check which products are in their virtual shopping cart at any time and make changes if necessary.

If the customer wishes to complete their purchase, they can continue via the “Proceed to order/checkout” button. Customers who are already registered can enter their user name and password here to automatically use their saved information for the order. Alternatively, the customer can register as a new customer and create a customer account or continue shopping without creating a customer account. In this case, the customer must enter their address and billing information on the following page.

By clicking on the “Continue” button again, the customer reaches the penultimate order step

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

The order is completed by clicking on the “Buy” button. This constitutes a binding offer.

Vialym does not charge any fees for the use of remote communication systems, but the customer may incur the usual costs for the use of these services vis-à-vis third parties (e.g. mobile phone operators, Internet providers).

2. Conclusion of contract

a. The goods offered in the store 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 independent professional activity. The offers appearing on our website www.vialym.com are therefore not aimed at companies. Entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity.

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

c. The contract language is German.

3. Text of the contract

The text of the contract shall be stored by us until the order has been fully processed, after which it shall be archived for retention under tax and commercial law. Upon receipt of the order by vialym, the customer shall receive a separate confirmation e-mail from vialym containing the essential contents of the contract, including the General Terms and Conditions valid at the time of the contract. Should you lose your order documents, please contact us by email. We will be happy to send you a copy of your order details.

4. Quantity limit, maximum order value, commercial resale

The goods on offer are only sold in normal household quantities and only to persons of legal age. vialym reserves the right to take legal action if the customer is deceived. The maximum permissible order value is €1,900. The commercial resale of goods is not permitted. Vialym reserves the right not to accept contractual 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 do not include any shipping costs.

The shipping costs for our delivery countries can be found in our country information. If you order products from vialym for delivery outside the EU, you may be subject to import duties and taxes, which are levied once 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 regulations vary greatly from country to country, so you should contact your local customs office for more information.

4. Delivery

Deliveries are only made in Austria, Germany and Switzerland.

Unless otherwise stated in the offer, the delivery time is 3-5 working days. The delivery period begins on the day after the contract is concluded, except in the case of 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 recognized at the place of delivery, the period is automatically extended to the next working day.

Information on delivery and shipping conditions is available here.

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

In the event that vialym is unable to deliver the ordered product because vialym itself is not supplied by its suppliers through no fault of its own, vialym may withdraw from the contract. In this case, vialym shall inform the customer immediately and suggest a comparable product. If no comparable product is available or if the customer does not wish to receive such product, vialym shall immediately reimburse any consideration already paid by the customer.

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

If delivered items are damaged in transit, ViaLym's customer service department must be notified immediately if possible. This will give ViaLym the opportunity to file a claim with the carrier or the transport insurance company. If the customer fails to notify ViaLym of damage in transit, this shall have no effect on the customer's statutory warranty rights.

In order to fulfill orders in the best possible way and to keep our customers optimally informed about the shipping status, ViaLym provides the respective delivery companies with the e-mail address and - if specified - the telephone number of the customer (in the case of forwarding deliveries). ViaLym considers both the interests of the customer and its own interests to be in a balanced relationship with each other, especially as the delivery companies have undertaken to protect personal data to the highest degree and use the data exclusively for the purpose of shipping information. Further information on this can also be found in our data protection information.

5. Reservation of title

The goods shall remain the property of ViaLym until payment has been made in full. Prior to the transfer of title, pledging, transfer by way of security, processing or transformation shall not be permitted without ViaLym consent.

6. Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason; the withdrawal period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise the right to cancel, you must inform ViaLym FlexCo, Frauentorgasse 72-74, 3430 Tulln/Donau, +43681 81441370, info@vialym.comof your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. You can use the model withdrawal form:

To Vialym FlexCo
Frauentorgasse 72-74
3430 Tulln/Donau info@vialym.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)

-Ordered on (*)/received on (*)
-Name of the consumer(s)
-Address of the consumer(s)

-Signature of the consumer(s) (only if notification is made on paper)

-Date

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(*) Delete as appropriate.

Fill in and submit. If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such a cancellation.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of cancellation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to
Maillog Richter & Weiner GmbH,
Talpagasse 1a,
1230 Vienna, Austria
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immediately and no later than fourteen days from the date on which you notify us that you have cancelled this contract.
This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.

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You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

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7. Warranty and liability

The statutory warranty rights shall apply.

8. Payment methods, vouchers, interest on arrears & other damages caused by default, invoices

1. Payment methods

In principle, we offer you a choice of the following payment options: a. Payment by direct debit, b. Payment by credit card, c. Payment by PayPal, d. Payment by Klarna. For each order, in individual cases or depending on the delivery method selected by the customer, we reserve the right 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

Payment by direct debit is only possible from accounts within the European Union. The amount will be debited within one day of dispatch of the goods. The pre-notification period is shortened to one day. If fees are charged by the credit institutions, vialym reserves the right to pass these on to the customer. This applies in particular to returned direct debits due to insufficient funds in the account or due to incorrect bank details provided by the customer.

b. Payment by credit card

If payment is made by credit card, the amount will be debited within one week of dispatch of the goods (we accept MasterCard and Visa).

c. Payment by PayPal

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

d. Payment per Klarna

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

2. Vouchers

When redeeming promotional vouchers, the specific redemption conditions must be observed. The relevant 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 charged on the purchase price at the statutory default interest rate during the period of default. vialym reserves the right to claim higher damages for default against proof.

4. Invoices

ViaLym has the right to invoice the customer electronically. Electronic invoices shall be sent to the customer by e-mail in PDF format. The VAT invoiced shall not entitle the customer to deduct input tax.

9. Data protection

ViaLym takes the protection of its customers' data seriously. ViaLym's privacy policy takes the protection of its customers' data seriously. ViaLym's privacy policy is available here.

10. Marketing & customer communication

If the customer concludes a contract for the purchase of a product or service with vialym and provides his e-mail address, vialym may 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. Each e-mail contains an unsubscribe link for this purpose. Alternatively, the objection can be declared at any time by sending an email to info@vialym.com.

11. Operator of the webshop

Vialym FlexC
Frauentorgasse 72-74
3430 Tulln/Danube
Austria
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Email: info@vialym.com
Company register number: FN 620149 i, registered office of the company: Tulln an der Donau
Company register court: St. Pölten regional court
Company register number: FN 620149 i
VAT ID No. ATU80338305

12. Alternative dispute resolution for consumers

Consumers have the option of submitting complaints to the EU's online dispute resolution platform: https://ec.europa.eu/ consumers/odr . We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

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13. Final provision

Should any provision of these General Terms and Conditions be invalid, the remainder of the contract 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 shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence at the time of his order.

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