Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to refrain from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for communication at a distance;
Technique for communication at a distance: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every concluded distance contract and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, then before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, then the agreement and these terms and conditions shall otherwise remain in force and the relevant provision shall be replaced without delay in mutual consultation by a provision that approximates the purport of the original as closely as possible.
Situations not regulated in these general terms and conditions must be assessed in the spirit of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained in the spirit of these general terms and conditions.

Article 3 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a truthful representation of the offered products. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

the price, excluding customs clearance costs, import duties, taxes, or GST that may apply in the destination country. These additional costs shall be at the expense and risk of the customer. The postal and/or courier service may collect these charges from the recipient of the goods upon delivery;
any shipping costs;
the manner in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for communication at a distance if the costs of using the technique for communication at a distance are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after conclusion, and if so in what way it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and if desired restore the data provided by him in the context of the agreement;
any other languages in which, in addition to English, the agreement may be concluded;
the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a duration transaction.
Optional: available sizes, colors, type of materials.

Article 4 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for that purpose.
The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur shall send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
the information about guarantees and existing service after purchase;
the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the event of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of withdrawal

With the purchase of products, the consumer has the possibility to dissolve the agreement without giving reasons during 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and the packaging carefully. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he shall return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not made known that he wishes to make use of his right of withdrawal respectively has not returned the product to the entrepreneur, the purchase is a fact.

Article 6 – Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs for returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall repay this amount as soon as possible, but no later than within 30 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop owner or conclusive proof of complete return shipment can be provided.

Article 7 – Exclusion of right of withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with specifications of the consumer;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
concerning bets and lotteries.

Article 8 – The price

During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates or other applicable tax regulations.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of legal regulations or provisions; or
the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.

The place of delivery is the destination country stated by the customer when placing the order. Depending on the destination country, import duties, customs clearance fees, taxes, and GST may be collected by local authorities or courier services. These charges shall be borne by the purchaser. No liability is accepted for the consequences of such charges being applied after dispatch.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 9 – Identity of the entrepreneur

Company name: MOXIX ECOMMERCE - FZCO
Email address: info@imperiahub.com
License number: 63962
VAT identification number: 105017733400001

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Return of the products must take place in the original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated contrary to the packaging instructions;
the defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur shall observe the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Taking into account what is stated about this in Article 4 of these general terms and conditions, the company shall execute accepted orders with competent speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall receive notice of this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall repay the amount paid by the consumer as soon as possible, but no later than within 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to make a replacement item available. At the latest upon delivery, it shall be stated in a clear and understandable manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination and extension

Termination

The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products or services at any time towards the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and not be limited to termination at a specific time or in a specific period;
at least terminate them in the same manner as they were entered into by him;
always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement entered into for a definite period and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a definite period.

Duration

If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Insofar as not otherwise agreed, the amounts owed by the consumer must be paid immediately upon placing the order or within the payment period indicated during checkout.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has, subject to legal limitations, the right to charge the reasonable costs made known in advance to the consumer.

Article 14 – Complaints procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has found the defects.
Complaints submitted to the entrepreneur are answered within a period of 30 days counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the period of 30 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual consultation, a dispute arises that is subject to the disputes procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur shall, at her choice, either replace or repair the delivered products free of charge.

Article 15 – Disputes

The laws of the United Arab Emirates apply exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.