Terms & Conditions
Article 1 – Definitions
Except as otherwise expressly stated in the contract, the following terms and expressions shall have the meaning stated below:
- “Viral Prods” is the commercial Name under withc “ViralTips” ltd acts
- “ViralTips”: Company ltd with Registered office: 49, Stonecroft – Triq Dr Guzé Miceli – Gzira – GZR 1723 Malta VAT: MT23913409
- “Site” is the site of ViralTips reachable by typing Www.viral-prods.com
- “Customer” the natural person concluding the contract
- “Parts”: ViralTips and the customer
- “Product” means any product available on the website, by electronic catalogue. The catalogue is constantly evolving and the availability of each product may change without notice
- “Login Credentials” means the user name/email address and password for each customer’s account, which is required to access the reserved area of the site and to conclude the purchase
- “Working days”: Monday to Friday from 9.00 am to noon and from 2pm to 5.30 pm
- “General Conditions”: the present general conditions of sale that regulate the relationship between ViralTips and the customer
- “Contract”: includes these general terms and conditions of sale and the order confirmation. In the event of a discrepancy between the general conditions of sale and the order confirmation, the order confirmation will prevail.
Article 2 – Parties to the contract
- They mean ViralTips and the customer. The customer’s personal data are indicated in the order confirmation sent by ViralTips, which constitutes an integral part of the purchase contract. The data of ViralTips are indicated in article 1, letter A of these general conditions of sale.
Article 3 – Subject of the contract
- These general conditions of sale regulate the purchase of customer of the products listed in the site www.viral-prods.com.
- These conditions shall apply to all purchases referred to in paragraph 1 as from 1 April 2017
Article 4 – Procedure for the purchase and conclusion of the contract
- After accessing on the site, the customer can purchase one or more products on the site and illustrated in the relevant technical data sheets, inserting them in the cart and following the technical procedures of access referred to the site.
- The order sent to the customer has the value of a contractual proposal and with its submission the customer acknowledges to have complete knowledge and to accept in full the present general conditions. It is the responsibility of the customer to print and keep the order summary, shown after sending it through the site. The “Notes” field in the order form may be used by the customer only to enter any operating instructions (name on the intercom) and not will in any way any part of the contract, nor can it contain derogations from these general conditions or in any case to the contractual ones.
- ViralTips has the right to accept or not, at its discretion, the order sent by the customer, without the latter being able to advance claims or rights whatsoever, in any way, in the event of non-acceptance of the order. The eventual acceptance of the customer’s proposal is confirmed by ViralTips by means of an e-mail confirmation of order to the e-mail address indicated by the customer. The purchase contract stipulated between ViralTips and the customer shall be concluded by sending the order confirmation to the customer, without prejudice to the verification referred to in paragraph 5.
- The customer acknowledges that the order confirmation is sent as a result of automated control. If, at the time of packaging and dispatch of the products, ViralTips should be able to find errors in the catalogue or in order relative to the price and/or the characteristics and/or availability of the product, will promptly notify the customer in order to agree the modification or cancellation of the order.
- The customer, as a consumer, may exercise the right of withdrawal under the terms and conditions of the law: please refer to Articles 24 (right of withdrawal) and 26 (cases of exclusion of the right of withdrawal) of these general conditions.
- The customer acknowledges that certain products may be packaged and/or customized in its favour, risk of deterioration or expire quickly, do not give up to be returned for hygienic reasons or related to health protection, if sealed and open after delivery, by their nature mingle inseparably with others well, after delivery. Therefore certain rights of the customer, also as a consumer, may be limited (as an example and not exhaustive, in accordance with the provisions of article 26 of these general conditions of sale).
Article 5 – Description and visual representation of products
- The visual representation of the products on the site, where available, normally corresponds to the photographic image of the same and/or their packaging. This representation has the sole purpose of presenting them for sale, without any guarantee and commitment by ViralTips about the exact correspondence of the image shown with the actual product.
- In the fall of difference between the image and the written product card, it always makes faith the description of the product card.
Article 6 – Availability of products
- The customer can only purchase the products in the catalogue of the site and the quantities indicated therein. The prices and availability of products, as reported on the site, are subject to change at any time and without notice.
- The products are normally available for shipment. The customer acknowledges that, because of the possible simultaneous access to the site by several customers and the time between the loading of the Web page and the insertion into the cart, the actual availability of the products may vary considerably during the same day with respect to availability. When the order proposal is sent to the customer, the computer system verifies the actual availability of the products purchased and notifies the customer of any unavailability occurred of one or more products before the customer makes the payment. ViralTips is committed to evading the order in a short time and in any case in the terms of article 14 of these general conditions. If the delivery time of the ordered product is delayed with respect to those indicated on the site, ViralTips is committed to promptly notify the customer by e-mail to the address indicated by the customer at the time of purchase. If it is not possible for any reason to proceed with the delivery of the products purchased, in compliance with article 15 of these general conditions, ViralTips reserves the right to inform the customer of the cancellation of the order.
Article 7 – Prices and delivery costs
- The customer pays to ViralTips the price of the order confirmation. All prices are indicated on the website and are inclusive of VAT only. If a product is discounted, the discount percentage, the original price and the final price are indicated.
- The shipping costs are currently free
- The amount of delivery costs, where due, is indicated on the summary page of the order shown to the customer before the order is sent.
Article 8 – Payments
- Payments in execution of the purchase contract can be made by credit card or PayPal. The customer is obliged to choose the method of purchase at the time of conclusion of the contract.
Article 9 – Payment by credit card or PayPal
- If the customer proceeds to purchase with these methodologies, the information relating to the customer’s credit card will be transmitted and managed by a third party (intermediary) through secure connection directly to the website of the intermediary who manages the transactions. The accepted circuits are indicated on the site before the order is sent.
- The payment process by credit card takes place using a secure connection, where the customer will find the indication of the amount of the order is to indicate type, number and expiration date of your credit card. Additional data or security codes may be required in certain cases of the intermediary (such as, but not limited to, the security services of MasterCard Secure code or verified by Visa). It is always required to indicate the fixed telephone number where the customer can be contacted.
- In order to protect the security of the customer, ViralTips is never aware of the number of the credit card that is received only by the banking institutions that must provide the authorization. A ViralTips is only communicated the outcome of the transaction. No credit card data veins, in other words, transcribed on the documents relating to the order and/or stored by ViralTips.
Article 10 – Payment by bank transfer in advance
- Not accepted
Article 11 – Transport and billing documents
- For each purchase contract perfected through the site, ViralTips will issue invoice or receipt for the products in shipment.
- The information provided by the customer at the time of the order will be used for the eventual issuance of the invoice. The customer assumes all responsibility in order to the correctness of the aforementioned information. No changes in the invoice will be possible after the issue.
Article 12 – Shipping and delivery times
- ViralTips will arrange for the order to be fulfilled normally within 24 hours (except weekends and holidays), from the day of receipt. With the fulfillment of the order ViralTips delivers the products to the courier or forwarder of trust to send to the address indicated by the customer, summarized in the order confirmation. Deliveries are carried out by land transport approximately within 24/48 hours (excluding weekends and holidays).
- In the event of a problem with the courier and the parcel does not arrive at destination within the indicative period referred to in paragraph 1, the customer may report it promptly to ViralTips, which will attempt to resolve the matter in a reasonable period of time. ViralTips invites the customer not to contact you before the above-mentioned term has been carried out, as it does not would the data necessary to be able to activate it in The courier.
- The terms of evasion and delivery referred to in paragraph 1 are only indicative and not guaranteed, by virtue of the many variables in play, with particular but not exclusive reference to the stage of delivery by The courier. In compliance with current regulations, ViralTips is committed to delivering the products to the consumer within 30 days of the date of conclusion of the contract. No liability, in any way, may be charged by the customer to ViralTips if the products are not delivered in accordance with the indicative period referred to in paragraph 1.
- Delivery times refer to products in stock at the time of purchase order. No liability may be charged to ViralTips for delivery delays due to accidental or force majeure, as well as in the event of strikes, atmospheric events, special holidays, inventory inventories, seat transfer, changes to information systems and other extraordinary events: they are likely to lead to times higher than those indicative in order fulfillment, even on several days.
- In any case, in these situations, ViralTips undertakes to promptly notify the customer via an e-mail message, sent to the address indicated by the customer.
Article 13 – Delivery of products
- All deliveries of the products will be at risk of ViralTips until the customer or a third person designated by him enters materially.
- The terms of delivery on the site are given as indicative. ViralTips is committed to delivering the products within 30 (thirty) days from the date of conclusion of the contract. No liability whatsoever, can be charged by the customer to ViralTips, if the products are not delivered according to the terms indicated on the site.
- Unless otherwise communicated to the customer by ViralTips, the delivery means on the street floor.
- In order to make the delivery of the ordered products, the presence of the customer or a representative in the place indicated by the customer, who will accept the parcel on his behalf, is necessary. The delivery times are usually between 8.30 and 19.00. In the event of the absence of the customer (or his/her agent) The forwarder will leave a notice with the indications to be able to agree a different date of delivery.
- If the delivery is not due to the customer (for example, for his absence and/or for his failure to contact the Courier pursuant to paragraph 3), he is obliged to pay the payment of the shipping costs incurred by ViralTips.
Article 14 – Verification operations at the time of delivery of products
- At the time of delivery of the products by the shipper in charge, the customer is obliged to check that the number of packages corresponds to what indicated in the transport document on the packaging and that the packaging itself is intact, not damaged or otherwise altered, even in the closing materials, checking with particular care the eventual presence of signs that indicate the breakage of the goods sent.
- On penalty of forfeiture, any damage to the packaging and/or products and/or the mismatch of the number of packages and/or indications must be immediately contested by the customer, which must declare in writing to the person responsible for the delivery of the products, which they are accepted “with reservation of control” or indicating that they are damaged: in the absence of such a declaration will not be accepted any claim. The customer also undertakes to report promptly and in any case no later than 24 hours from the date of delivery, a ViralTips (by e-mail or registered with receipt of return to the address referred to in article1 of these general conditions of sale) any and all possible problems inherent in the integrity, the corresponding and/or completeness of the products received, on penalty of forfeiture.
Article 15 – Force majeure and facts of third parties
- ViralTips does not respond to cases of force majeure, unavailability of means of transport, facts of third parties, unforeseeable or inevitable events that cause a delay in deliveries and/or make deliveries impossible or cause a significant increase in the cost of delivery to ViralTips.
- In the case referred to in the preceding paragraph, ViralTips has the right to split, postpone or cancel in whole or in part the expected delivery or to terminate the purchase contract. In this case, ViralTips undertakes to provide timely and adequate communication of its determinations to the e-mail address indicated by the customer, which in this case is entitled to the refund of the cost possibly already paid, excluding any further claim, in any way, against ViralTips. In this sense, the customer expressly waives any claim also by way of mere reimbursement and/or compensation against ViralTips.
Article 16 – Custody and storage of products
- The products must be kept and kept by the customer using the precautions and the necessary precautions and related to the nature of the products.
- Negligence or impairment in the preservation of each product may damage and compromise its quality. ViralTips is not liable for any damage to the products sold resulting from erroneous and/or incorrect preservation of the same, with the Express forfeiture of any warranty on them.
Article 17 – Access credentials
The customer is obliged to keep the credentials of access with the utmost care, confidentiality and diligence committing to not communicate them to others. You undertake to communicate to ViralTips any theft, loss or total or partial losses of your access credentials and, in any case, any unauthorized use by third parties. The customer will be responsible for any damage caused to ViralTips and/or to third parties depending on the failure to comply with the above.
Article 18 – Disclaimer of content entered by the customer on the site
- Any customer after registration to the site may enter comments and opinions on the products. This functionality may not be used for unlawful purposes or in breach of the rules in force. As an example and not exhaustive for spamming activities or inserting defamatory, libelous, threatening, contempt, violations of others privacy and personal dignity. It is also forbidden to include propaganda messages, advertisements, references to competing sites and companies. The publication of such content is made free of charge by the customer who can delete the reviews and opinions at any time by accessing the site with his/her credentials. The customer acknowledges that any content can be deleted by ViralTips at any time, for example for cessation of the sale of the product reviewed or for closing the spaces related to comments and reviews.
- ViralTips has no obligation to supervise the activities carried out by the customer on the site pursuant to this article as provided by Legislative Decree No. 70/2003. ViralTips reserves the right, however, to remove any content generated by the customer if it is made informed or to become aware of the pursuit of the illicit end and/or the breach of any or the above-mentioned prohibitions and/or Advanced express request by a court or administrative body and/or by a third party who is deemed to be injured by the aforementioned content , in this case, ViralTips will provide the customer with the above-mentioned measures in any way and shall be entitled to suspend or cancel his account even without prior notice, subject to any action of retaliation against the person responsible for the violations.
Article 19 – Amendments
- ViralTips may modify the contents of these general conditions of sale at any time without prior notice.
- The changes will take effect from the date of publication on the site, as stated in the heading of the general conditions.
- In the case of changes, unless otherwise expressly agreed between the parties, the general conditions in force at the time of the conclusion of the contract remain valid for the contracts already concluded.
Article 20 – Slight negligence and limitation of liability
- ViralTips does not respond to damages, even to third parties, possibly caused as a result of a slight negligence.
- In no event will the sums owed by ViralTips to any title or reason exceed those paid by the client running the contract.
Article 21 – Intellectual Property rights
All trademarks, as well as any work of ingenuity, distinctive sign, image, photo, written or graphic text and more generally any other intangible asset protected by the laws and the international conventions on intellectual property and industrial property reproduced on the site remain the exclusive property of ViralTips and/or its licensors, without the access of the site and/or the conclusion of the purchase contracts derives from the customer any rights to the same.
Article 22 – Processing of personal data
ViralTips undertakes to comply with the current law regarding the protection of personal data. The information on the processing of personal data is made available on the site and still viewable and memorized at any time before the conclusion of the contract.
Article 23 – Other provisions
All purchases made through the site are governed by these general conditions of sale as well as by the other provisions and operating instructions contained in the site. In the event of a contrast between the provisions of the above and the operating instructions and the contents of the general conditions, the latter shall prevail.
Article 24 – Complaints and assistance
- The customer can make any claims or request assistance on purchases by contacting: firstname.lastname@example.org
- Complaints are processed by ViralTips in the shortest possible time and the customer will receive a reply within 2 (two) working days from the report.
Article 25 – Applicable law and jurisdiction
- The contract is governed by Maltese law.
- Disputes with customers are devolved to the jurisdiction of the judicial authority of the place of residence or domicile of the client.
- Disputes with customers resident outside the Italian territory are devolved to the jurisdiction of the Court of Malta, as a judge of the place where the contract is executed.