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Terms of sale (CGV)

Terms and Conditions jurisdiction and definitions

These Terms and Conditions of Use and Sale are governed by the laws of the Principality of Monaco and will be interpreted in accordance with the courts and tribunals of the Principality of Monaco. You can get on this page, for your reading comfort and understanding, a full translation in English of the Terms and Conditions of the current website.

The below listed words define :

'Site', 'service' or 'website' : the website http://www.vira-world.com and all its pages.
'Publisher' : the legal or natural person responsible for editing and publishing content on the site.
'User' : the person visiting and using the site.
'Products' : all goods (both physical and intangible) and services that it is possible to buy or to which it is possible to subscribe to on the site.
'Customer ': the user buying a product or service on the site.

Purpose of the site

The website http://www.vira-world.com is published by VI.RA. SARL.

The purpose of the site is the following : e-commerce of air conditioners and accessories thereof, electronics, and security systems and accessories thereof.

The site is free to access by any Internet user. The acquisition of a product, creation of an account on the site, and in a broader sense navigation on the site implies acceptance by the user of the whole current Terms and Conditions, the user thus acknowledging to have taken full knowledge and accepted the latter. Collection of this acceptance can be materialized for instance as a checkbox next to the sentence: "I have read and accept the terms and conditions of this site.". Ticking this box will be considered to have the same value as a handwritten signature from the user.
The acceptance of these Terms and Conditions implies on the part of the user that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.

The user recognizes the value of evidence of the site automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.

Characteristics of products and services offered

The goods and services offered are those listed in the catalog published on the site. These products are offered subject to stock availability. Each product is listed along with a description provided by the publisher based on descriptions provided by the supplier. The product images and information texts available reflect the product as much as possible but the publisher cannot guarantee that all pictures accurately reflect the true appearance of the products.

The site customer service is available by e-mail at the following address: contact@vira-world.com, in which case the publisher agrees to provide a response within 7 days.

Prices

The prices listed in the catalog are VAT unpaid.

The applicable VAT rate will be the one of the day of the order. VI.RA. reserves the right to change the prices at any time. However, only the price appearing in the catalog on the day of the order shall be applicable to the buyer.

Member account

The registered user on the website (member) has the ability to access his or her account by logging in, using the e-mail address specified during registration and a password or using third-party social network login buttons. The user is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In case of forgotten password, the member can ask to generate a new one. This password is the guarantee of confidentiality of information contained in the user account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the site will not be held liable for unauthorized access to a user account.

Creating an account is a prerequisite to any order or member contribution on this site. For this purpose, the member can be asked to provide a few personal information. The member agrees to provide accurate information.

Data collection purpose is the creation of a member account ; this account allows the customer to check all orders made on the site with the account. The site publisher cannot be held responsible if the data contained in the account were to disappear as a result of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages are freely printable by the given account holder but cannot be taken as evidence ; they only have informative value and aim to effectively help the member to manage his or her orders or contributions.

The publisher reserves the exclusive right to delete the account of any member who may have breached these Terms and Conditions, including but not limited to the following cases:

  • the member has knowingly provided false information during his or her registration and the creation of an account
  • the member has been inactive on the site for at least one year.

Said deletion cannot be considered harmful to the excluded member, who cannot claim any compensation for the account deletion. This deletion does not prevent the publisher to initiate legal actions or a lawsuit against the member, should the facts warrant it.

Personal data processing

In order to process the orders made, VI.RA. collects some personal information – christian and family name, company name, address, e-mail address, telephone number, VAT number. The collected personal data will not be disseminated or supplied to third parties unless expressly authorised. The duly appointed representatives and consultants in charge of the development and management of the site and of the company only may access the data, and they are bound to respect the present terms and conditions. The person responsible for personal data processing inside the company is Mrs. Maurizia Ramonda. It is possible that other persons within the company may have access thereto in order to answer questions or satisfy specific requirements from the customer, or supply eventually required information. All of these persons are bound to respect the present terms and conditions. Customers have the right to access, rectify, update and delete their data and may exerce such right by contacting the publisher in writing at the e-mail address maurizia.ramonda@vira-world.com. An answer will be given within twenty days from receipt of the message. An identity document or a document attesting the right of the applier will be required.

Publisher waiver of responsibility

Failure to connect to the website is not considered harmful to the users, and will not result in any right to any kind of compensation. The unavailability on the site, even extended without any time limit and concerning one or several products, cannot be considered harmful to users and cannot result in the award of damages from the publisher. The photographs and visual reproductions of the products presented on the site have no contractual value, the responsibility of the publisher of this site cannot be engaged if product specifics are different from their displays on the site, or if they are incorrect or incomplete.

The hypertext links on the current website may refer to other sites and the responsibility of the publisher of the current website cannot be engaged if the content of these sites contravenes the laws. The current website publisher will not be held responsible of any harm caused to the user by his or her visit on those third-party sites.

Geographical limitation

The use of the services of the website has no geographical limitation.

Intellectual property rights relating to information published on this site

Unless otherwise stated, the publisher or its representatives own the intellectual property rights of the website, and of material on the website, or are authorised by the owners to make use thereof. Copying any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting. Any user found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.

This site uses elements (images, photographs, contents) whose credits go to: the manufacturers and suppliers of the products on sale.

Limitation of Liability

The publisher, especially in the online sales process, is only held by an obligation of means; he cannot be held responsible for damages resulting from the use of the Internet network such as data loss, hacking, viruses, failure in service, or other.

The publisher cannot be held liable for breach of contract due to a force majeure event, including but not limited to total or partial strike of postal services, carriers, or disasters caused by floods or fires. Regarding purchased products, VI.RA. shall not be liable for any consequential damages because of these presents, trading loss, operating loss, loss of profit, damage or expense that might arise. The choice and purchase of a product are under the sole responsibility of the customer. The total or partial inability to use such product due to incompatibility of equipment cannot lead to any compensation, reimbursement or questioning the responsibility of the publisher, except in the case of a proven hidden defect, non-compliance, damaged goods, or genuine exercise of rights of withdrawal (if the customer is not a professional). In case of non delivery of an order or part of an order, the customer has up to 30 days (starting from the expected delivery date) to come forward and ask for the cancellation to contact@vira-world.com. No claim will be accepted beyond this time period.

The user expressly agrees to use the site at his own risk and under his sole responsibility. The site provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will not be liable for :

  • any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that may result from the use of this site or conversely the inability to use it;
  • any malfunction, impossibility of access, misuse, improper configuration of the user's computer, or for the use by the user of an unusual browser;
  • the advertising contents and other links or external sources the user may access through the site.

Accessibility

The publisher cannot be liable for any technical hinderance of the connection to the website, including but not limited to hinderance due to a force majeure event, a maintenance, an update, changes being made on the site, an intervention by the hosting company, an internal or external strike, a network outage, a power failure, or a wrong setup or operation of the computer of the user.

Account deletion

Members are free to delete their account on the site. In order to do so, the member can send an e-mail to contact@vira-world.com stating that he or she wants to delete the account. No data recovery is possible after account deletion.

Eligible law and friendly settlement

These Terms and Conditions are subject to the application of the law of the Principality of Monaco. They may be modified at any time by the publisher or one of its representatives. The Terms and Conditions applicable to the user are those in effect on the date of the order or of the connection to the site. The publisher obviously agrees to archive its older version of the Terms and Conditions, and to send them to any user who so requests.

Any dispute that may arise regarding the execution of these Terms and Conditions may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings. It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings. Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the courts and tribunals of the Principality of Monaco.

Use of cookies

Cookies allow the site to identify its users, customize their browsing experience and speed up the display of the site pages through a data file saved on their computer or device. Cookies are typically used on the site to 1) gather user navigation data to provide analytics and optimize user experience and 2) allow the user to log in to and access password-protected pages, including but not limited to his or her account pages.

The user acknowledges he or she has been informed of the use of cookies on the website, and authorizes the website and its publisher to use it. VI.RA. agrees to never disclose the content of these cookies to third parties, except in the course of legal proceedings. The user can refuse the use of cookies or configure his or her browser to be notified prior to their use. To do this, the user can proceed as follows :

  • For Internet Explorer : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
  • For Safari : https://support.apple.com/fr-fr/ht1677
  • For Google Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
  • For Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies
  • For Opera : http://help.opera.com/Windows/10.20/fr/cookies.html

Order placing and purchasing process

The "Basket" is an immaterial container with all the goods or services selected by the user for a purchase by clicking on them. As soon as the user deems to have selected and added to the basket all the products he or she wishes to buy, the user will have the possibility to access the basket by clicking on a link or button provided for this purpose, and where he or she can confirm the order. The user will then be redirected to a summary page on which the number, characteristics and unit price of the ordered products will be listed for he or she to review.

If the user wishes to confirm the order, he or she must tick the dedicated checkbox to show acceptance of these Terms and Conditions of Sale and hit the submit button. The user will then be redirected to a page where he or she will fill the order form fields by entering some personal data necessary to place the order. Once the user has completed and submitted the form, he or she will be redirected to the online payment page where the user can make online payments by credit card or by bank transfers. An e-mail will shortly be sent to the user, confirming the order and listing its specifics and price.

In case of unavailability of the ordered product, the consumer will be informed as soon as possible and will have the option to cancel or change the order. The consumer can then choose whether to seek reimbursement of the sums paid within 30 days of payment, or the supply of a replacement product equivalent in quality and price. In case of unavailability of an equivalent product, the publisher shall reimburse the sums paid.

Sold products remain the property of the seller until full payment of their price, in accordance to the present title retention clause.

Payment Information

The user can place order on this site and pay by credit card via Paypal and other payment platforms, or by bank transfer. The credit card payments are made through secure transactions provided by the online payment platform providers.

This site has no access to any user payments data. Payment is made directly to the bank or online payment platform providers.The users willing to pay by bank transfer are invited, after having registered, to contact the publisher by e-mail at the address contact@vira-world.com to obtain bank account details. Delivery terms defined in these Terms and Conditions shall only run from the date the seller actually receives the payment, the seller having full choice of means to prove this date.

Delivery or availability

A minimum amount of € 22,00 (tax excl.) per order is required to validate your purchase

Delivery costs will be shown to the customer before any payment.
The publisher promises to send the products within a maximum period of 30 days after receiving the order.

The buyer is responsible for checking the conformity of the goods delivered at the time of delivery. Any anomaly concerning the delivery (damage, missing product as compared to the delivery order, damaged package, broken product, conformity ...) must be indicated by the buyer on the delivery form, as handwritten reserves, accompanied by his or her signature. The buyer will open any package in the presence of the carrier and have the latter bring back the damaged merchandise or that non conforming. The buyer will also confirm the anomaly by sending a registered letter with return receipt to the carrier, within 24 hours of receiving the order, stating the said claims, and sending a copy of those to VI.RA. by e-mail at the address contact@vira-world.com within the same time frame and conditions. If the buyer fails to comply with these requirements and if, by doing so, the seller looses any possibility of appeal against the carrier, the buyer alone will bear the consequences of the damage done to the products, and VI.RA. will be exmpted from any liability.

Any claim not made in the rules defined above and within the defined time periods will not be taken into account and will release VI.RA. from any liability towards the buyer. Upon receiving the claim, the publisher of the website will communicate through email, fax or phone with the buyer on how to exchange the products.
In the event of return by mail or other postal services, VI.RA. will get in touch with with the buyer upon receipt of the package to agree on the action to be taken. In case of a mistake in returning the package, the buyer may ask for a new delivery and pay the relevant fees in advance. Postal fees will be due even if they were free at the time the produc twas ordered.

In case of delivery error or replacement, whenever the right of waiver is applicable, i.e. if the buyer is not a professional, any product to exchange or refund must be returned to VI.RA., as a whole, in perfect condition and in its original packaging by the carrier who delivered it in the first place. The publisher will not be liable for any defects resulting from a mistake or incorrect operation by the buyer. The buyer can wait up to 7 calendar days from the date of order delivery to return any product that does not suit him or her and to ask for an exchange or refund without penalty, except for return shipping costs, within 30 working days of his or her requets. The product must be returned in perfect condition and in the undamaged original packaging. If applicable, it must be returned along with all its accessories. If the above terms are not met, the buyer will lose his right of withdrawal and the product will be returned at his or her expense. The return costs in case of withdrawal must be paid by the buyer, and the latter must be able to prove the return of the product through a tracked parcel.

After confirming the return, the publisher will inform the customer by e-mail, telephone or fax as to the proceedings to replace or refund the product. The refund will be made by check or bank transfer. To insure proper processing of the request, the customer is asked to attach a copy of the invoice.

Any delay in delivery superior to thirty business days may result in the cancellation of the sale to the consumer initiative, upon written request from him or her by e-mail at the address contact@vira-world.com. The buyer will then be refunded within a maximum period of thirty days all the costs involved when ordering. This clause wil not apply if the delay in delivery is due to a strike of the staff employed by the carrier, or caused by the buyer, or due to an unpredictable and insourmontable event resulting from a fault of any third party not involved in the delivery, or to a force majeure event beyond the control of the publisher. In such cases, the buyer agrees not to exercise prosecution against the publisher and waives his or her right to the cancellation of the sale as defined earlier in these Terms and Conditions of Sale.

Products warranty

All products purchased on this website are protected by the legal guarantees which are always applicable.

Guarantee of conformity:

The seller must deliver goods in conformity with the contract and is responsible for defects existing during product delivery (wrong color, wrong model…). The guarantee of conformity may be exercised if a defect were to exist upon product delivery, and if such defect was outlined on the delivery form as indicated in the paragraph « delivery or availability ».
Hidden defects guarantee:

The customer may request the exercise of a hidden defects guarantee within six months from the date of receipt if the considered defects do not appear at the time of delivery, predated the purchase (and therefore do not result from normal wear of the product, for example) and be serious enough (the defect must render the product unfit for the use for which it is intended, or hinder this use to such an extent that the buyer would not have bought the product or would not have purchased it at such a price if he or she had known the default).

In this event a product sold on the site can be returned to VI.RA., who will refund or exchange it. All claims of exchange or refund must be made or by e-mail at contact@vira-world.com. Return merchandise shipping costs are the responsibility of the buyer. If a product exchange is not possible (e.g. obsolete or out of stock product) the buyer will be reimbursed by bank check or bank transfer for the amount of the order minus the carrier costs related to the delivery of the initial order.

Archiving

The publisher will archive purchase orders and invoices on a reliable and durable medium, as a true copy. Digital records will be considered by both parties as proof of communications, orders, payments and transactions between them.

Terms and Conditions framework

If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect. The present Terms and Conditions describe the entire agreement between the user and the website. They supersede all previous or contemporary written or oral agreements. The Terms and Conditions are not assignable, transferable or sublicensable by the user himself.

A printed version of the Terms and any notice given in electronic form may be requested in judicial or administrative proceedings in connection with the terms and conditions. The parties agree that all correspondence relating to these Terms and Conditions, shall be in the French language.

Notice

Any notice concerning the Terms and Conditions must be made in writing and delivered by e-mail at the address contact@vira-world.com specifying names, coordinates and subject.

Claims

Any claim or cause of action you may have with respect to your use of this website, its pages, services or the social network pages of the publisher, or which is the subject of these Terms and Conditions must be initiated within thirty days after the claim or cause of action arises, independently on any contrary law or rule. If it is not, such a claim or cause of action will never be applicable before a court.

Inaccuracies

It is possible that there are, on the whole website and the services offered, and to a limited extent, inaccuracies or errors, or information that is at odds with the Terms and Conditions. In addition, it is possible that unauthorized modifications happen to be made by third parties on this site or related services (social networks ...). We make every effort to ensure that such discrepancies be corrected.

In case we miss one, please contact us by e-mail at the address contact@vira-world.com, supplying, if possible, a description of the error and location (URL), as well as sufficient information for us to be able to contact you. For requests involving copyright, please refer to the section of this document related to intellectual property.

Model withdrawal form

This model can be used by any customer, within the limits and conditions stated in the present Terms and Conditions of Sale, to ask for a withdrawal from any contract with VI.RA. concluded when placing an order on the website, and sent by e-mail to contact@vira-world.com:

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I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods*/provision of the following service*

Ordered on*/received on*

Name of consumer

Address of consumer(s)

Signature of consumer(s)

Date

*Delete as appropriate.

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All rights reserved – May 13, 2016

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