Terms of service
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
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Cooling-off Period: The period within which the Consumer may exercise their right of withdrawal.
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Consumer: The natural person who is not acting in the course of a profession or business and who enters into a Distance Contract with the Entrepreneur.
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Day: A calendar day.
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Continuous Transaction: A Distance Contract relating to a series of products and/or services, where the delivery and/or purchase obligations are spread over time.
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Durable Data Carrier: Any medium that enables the Consumer or the Entrepreneur to store information addressed personally to them, in a way that makes future consultation and unaltered reproduction of the stored information possible.
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Right of Withdrawal: The Consumer’s right to withdraw from the Distance Contract within the Cooling-off Period.
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Entrepreneur: The natural or legal person who offers products and/or services to Consumers at a distance.
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Distance Contract: An agreement concluded within the framework of an organized system for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
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Means of Distance Communication: Any method that can be used for concluding an agreement without the simultaneous physical presence of the Consumer and the Entrepreneur.
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General Terms and Conditions: The present Terms and Conditions of the Entrepreneur.
Article 2 – Identity of the Entrepreneur
Business Name: MRMEDIA LIMITED
Registered Address: Office 3906, 39th Floor, The Center, 99 Queen’s Road Central, Central, Hong Kong
Website: www.ByViola.com
Email: info@byviola.com
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by the Entrepreneur and to every Distance Contract and order concluded between the Entrepreneur and the Consumer.
Before the Distance Contract is concluded, the text of these Terms and Conditions shall be made available to the Consumer. If this is not reasonably possible, the Entrepreneur shall indicate, before the Distance Contract is concluded, that the Terms and Conditions can be inspected at the Entrepreneur’s premises and will be provided free of charge at the Consumer’s request.
If the Distance Contract is concluded electronically, the text of these Terms and Conditions may, in deviation from the previous paragraph, be made available to the Consumer electronically in such a way that the Consumer can easily store it on a Durable Data Carrier. If this is not reasonably possible, it shall be indicated where the Terms and Conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the Consumer’s request.
If specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms, the Consumer may always rely on the provision that is most favorable to them.
If one or more provisions of these Terms and Conditions are at any time wholly or partially null and void or annulled, the remaining provisions shall remain in full force and effect. The void or annulled provision shall be replaced by a provision that most closely reflects the intent of the original.
Situations not covered by these Terms and Conditions shall be evaluated “in the spirit” of these Terms and Conditions. Any ambiguity regarding the interpretation or content of one or more provisions shall likewise be interpreted “in the spirit” of these Terms and Conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
All offers are non-binding. The Entrepreneur reserves the right to modify or withdraw 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 Entrepreneur uses images, these are intended to be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding.
All images, specifications, and information in the offer are indicative and cannot give rise to any claim or dissolution of the contract. The Entrepreneur cannot guarantee that the colors displayed on the screen exactly match the real colors of the products.
Each offer contains information that makes it clear to the Consumer what rights and obligations are attached to acceptance of the offer, including:
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The price, including customs duties and import VAT, which remain the responsibility of the customer. Postal and courier services may apply special import regulations for goods entering the EU; such fees are to be paid by the recipient.
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Any shipping costs;
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The method by which the agreement will be concluded and the necessary actions;
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Whether or not the Right of Withdrawal applies;
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The method of payment, delivery, and performance of the contract;
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The period for accepting the offer, or the period during which the price is guaranteed;
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Communication costs if they differ from the regular base rate;
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Whether the contract will be archived after conclusion, and how it can be accessed;
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How the Consumer can check and correct provided data before the agreement is concluded;
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The possible other languages in which the contract may be concluded;
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The applicable codes of conduct to which the Entrepreneur subscribes and how the Consumer can view them electronically; and
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The minimum duration of the Distance Contract in the case of a continuous transaction.
Article 5 – The Agreement
The contract is concluded, subject to the provisions of paragraph 4, at the moment the Consumer accepts the offer and complies with the associated conditions.
If the Consumer has accepted the offer electronically, the Entrepreneur shall promptly confirm receipt of acceptance of the offer electronically. As long as this acceptance has not been confirmed, the Consumer may dissolve the contract.
If the contract is concluded electronically, the Entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the Consumer is able to pay electronically, the Entrepreneur shall take appropriate security measures.
The Entrepreneur may, within the bounds of the law, verify whether the Consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the Distance Contract. If the Entrepreneur has good grounds not to enter into the contract based on this assessment, they are entitled to refuse an order or attach special conditions to its performance.
The Entrepreneur shall send the Consumer the following information, in writing or on another Durable Data Carrier, no later than at the time of delivery:
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The visiting address of the Entrepreneur’s business where the Consumer can file complaints;
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The conditions under which and the method by which the Consumer may exercise their Right of Withdrawal, or a clear statement that the Right of Withdrawal is excluded;
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Information about warranties and after-sales service;
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The information referred to in Article 4(3), unless already provided before contract performance;
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The termination conditions if the contract has a duration of more than one year or is indefinite.
Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the Consumer has the right to dissolve the contract within 14 days without giving reasons. This period starts on the day after the Consumer, or a third party designated by the Consumer (other than the carrier), has received the product.
During the Cooling-off Period, the Consumer must handle the product and packaging with care. The Consumer may only unpack or use the product as necessary to determine its nature, characteristics, and functioning. If the Consumer exercises their Right of Withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with reasonable and clear instructions provided by the Entrepreneur.
If the Consumer wishes to exercise their Right of Withdrawal, they must notify the Entrepreneur within 14 days of receipt via written communication or email. The product must then be returned within 14 days after this notification. The Consumer must provide proof that the goods were returned on time, for example by means of a shipping receipt.
If the Consumer fails to notify or return the product within the specified period, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the Consumer exercises their Right of Withdrawal, the return shipping costs are at their own expense.
If the Consumer has already paid an amount, the Entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the returned product has been received or sufficient proof of complete return has been supplied.
Article 8 – Exclusion of the Right of Withdrawal
The Entrepreneur may exclude the Consumer’s Right of Withdrawal for certain products or services as described below, provided this has been clearly stated in the offer, or at least prior to the conclusion of the contract:
Exclusion is only possible for products:
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Manufactured according to the Consumer’s specifications;
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Clearly of a personal nature;
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Which, by their nature, cannot be returned;
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That spoil or age quickly;
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Whose price depends on fluctuations in the financial market beyond the Entrepreneur’s control;
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Newspapers or magazines;
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Audio or video recordings or software whose seal has been broken by the Consumer;
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Hygienic products whose seal has been broken.
Exclusion is also possible for services:
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Relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
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That began with the Consumer’s express consent before the Cooling-off Period expired;
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Relating to betting or lotteries.
Article 9 – Price
Special customs clearance fees and/or import duties are not included in the price and are the responsibility of the customer.
During the validity period mentioned in the offer, prices of the offered products and/or services will not be increased, except for changes resulting from tax or VAT adjustments.
All prices are subject to typographical or printing errors. The Entrepreneur is not obliged to deliver products at an incorrect price resulting from such errors.
Article 10 – Conformity and Warranty
The Entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of quality and usability, and applicable statutory and governmental regulations at the time of the contract’s conclusion.
Defects or incorrect deliveries must be reported in writing within 14 days after delivery. Returns must be made in the original packaging and condition.
The warranty corresponds to the manufacturer’s warranty period. The Entrepreneur is not liable for the suitability of the products for any particular purpose or for any advice given regarding their use.
Warranty is void if:
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The Consumer has repaired or altered the product themselves or had it done by third parties;
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The product was exposed to abnormal conditions or handled negligently;
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The defect arises from regulations imposed by the government regarding materials or product standards.
Article 11 – Delivery and Execution
The Entrepreneur will exercise the utmost care when receiving and executing product orders.
Delivery takes place at the address provided by the Consumer. Orders will be processed promptly and delivered within 30 days, unless otherwise agreed.
If delivery is delayed or cannot be fulfilled, the Consumer will be informed within 30 days of placing the order. In such cases, the Consumer has the right to terminate the contract free of charge and claim a refund.
If replacement products are sent, this will be clearly indicated. Replacement items may also be returned under the Right of Withdrawal.
The risk of damage or loss passes to the Consumer upon delivery unless otherwise agreed.
Article 12 – Continuous Transactions: Duration, Termination, and Renewal
The Consumer may terminate an indefinite agreement for the regular delivery of products or services at any time, observing a notice period of no more than one month.
A fixed-term contract for the regular delivery of products or services may be terminated at the end of the agreed term, also with a notice period of no more than one month.
Contracts are not automatically renewed for a fixed term unless explicitly agreed otherwise and in compliance with applicable laws.