General terms and conditions of sale
Website owned and operated by TOPVIEW FZCO
The salesman is a publisher of services dedicated to tourism for consumers and event’s organizer marketed through the website dubai-view.com
The list and description of the services offered by the company can be consulted on the above-mentioned site.
TOPVIEW FZCO, DSO-IFZA Dubai Silicon Oasis, Dubai, UAE. Phone: +971 501802676
Article 1: Purpose
The present general conditions determine the rights and obligations of the parties within the framework of the online sale of services offered by the seller.
Article 2: General provisions
These general terms and conditions of sale (GTC) apply to all sales of products or services made through the company’s website, which is an integral part of the contract between the consumer and the seller.
The seller reserves the right to modify the present terms and conditions at any time and according to the evolution of its company by publishing a new version on its website. The applicable GTC then are those in force at the date of payment, first payment in case of multiple payments, of the order.
These General Terms and Conditions of Sale can be consulted on the company’s website.
The company also ensures that their acceptance is clear and without reservation from the moment the consumer has chosen and accepted to book an activity on the site. By this fact, the customer assures to have acquainted with the whole of the present general conditions of sale, and to accept them without restriction, nor reserve.
The client acknowledges that he has received the necessary advice and information to ensure that the offer is appropriate to his needs. The customer declares that he is legally able to contract under the laws of the United Arab Emirates or validly represent the natural or legal person he is committing himself to. Unless proven otherwise, the information recorded by the company shall constitute proof of all transactions.
Article 3: Prices
The prices of the services or products sold through the website are indicated in Amirian Dirhams (AED) and precisely determined on the pages describing the services or products.
The company reserves the right to change its prices at any time in the future.
Important Note : Currency Conversions
Reservations will be made in Emirati Dirhams.
Any change in the length or dates of the stay, rental or activity booked, is subject to availability and may result in a change of rate. It may incur costs if it occurs during the withdrawal period.
Article 4: Conclusion of the online contract
The customer will have to follow a series of steps specific to each reservation on the site offered by the seller to be able to carry out his order. However, the steps described below are systematic: Choice of the product, verification of the order, indication of the essential data of the customer (name, first name, email address, telephone number), payment of the products. The payment of your reservation initiated by you automatically means the acceptance of the general terms and conditions of sale described opposite.
The customer will then receive an e-mail confirmation of the payment of the reservation and its validation. For the purposes of proper execution of the order and in accordance with Article 1316-1 of the Civil Code, the consumer/customer undertakes to provide true identification elements. The seller reserves the right to refuse the order, for example for any abnormal order, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods and services and their respective prices are made available to the buyer on the company’s website. The seller undertakes to honour the customer’s order. This contractual information is presented in French, Portuguese and English. The parties agree that illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of products and services as well as their prices is specified on the company’s website. The rights granted hereunder are only granted to the natural person signing the order, or the person holding the email address provided.
The prices indicated on the website representing services or products of third parties or professional partners are for information and guidance only and include VAT at 5%. These rates may be subject to increase or decrease depending on the evolution of the tourist market and the evolution of our company. Activities whose regulations have expired will not be affected by a tariff increase, nor reimbursed in case of a decrease. Also, if a service is defective or does not correspond to the order made with the partners, this dispute will be considered under the authority of the partner in question. TOPVIEW FZCO will be an intermediary and will have a right of inspection. In case of refusal of conciliation by the provider, the final decision will be taken by TOPVIEW FZCO.
Article 6: Retention of title clause
Products and services remain the property of the company.
Article 7: Payment
Payment is due immediately upon ordering. The customer can pay by credit card or cash. Cards issued outside the European Union must be international bank cards (Visa or MasterCard). The secure online payment by credit card is carried out by our payment provider. The information transmitted is encrypted in accordance with the state of the art and cannot be read during transmission on the network.
Once the payment has been initiated by the customer, the transaction is immediately debited after the information has been verified. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information at the time of the sale, the customer authorizes the seller to debit his card for the amount relative to the price indicated. The customer confirms that he is the cardholder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the sale is immediately cancelled by operation of law and the order is cancelled.
Article 8: Cancellation and refund period
In case of cancellation more than 7 days before the chosen activity date: 100% refund or credit note depending on the reason of the cancelation and depending on the chosen activity.
The total amount will be invoiced in case of no show and if the activity is not honoured. No refund is possible after the event.
Depending on the chosen activity, a reprogramming request can be accepted if made 48 hours in advance.
In the absence of a reprogramming request 48 hours in advance, the request will be refused and no refund will be made.
The programs are not cancellable due to bad weather, only the partner is able to judge on the possibility of carrying out an activity for your safety and according to the orders received by the authorities.
Article 9: Claim
Links to other websites
Our site may include links to other websites or resources. Because we do not control such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services on or through any such site or resource. Finally, you acknowledge that such external sites generally have their own terms and privacy policies, over which we have no control and which will govern your rights and obligations with respect to your use of such websites.
Your contacts with third party advertisers and sellers :
Your interactions with third party advertisers and suppliers found on our site or through our services, including your participation in promotions, purchase of goods or services, and any conditions, warranties or representations associated with those interactions are solely between you and those third parties. We make no representations or warranties about any goods or services that may be obtained from such third parties or any third party website that you may access. In addition, you agree that we assume no responsibility or liability for any loss or damage of any kind incurred as a result of activities related to the use of, or reliance on, any content, goods, services, information or other content available to or through such third parties or on our site.
If need be, the buyer may submit any complaint by contacting the company using the following contact [email protected]
Article 10: Ownership of our site and protection of our intellectual property rights
The content of our site is intended for the personal use of the users of this site. All right, title and interest in and to the content of our site, including, but not limited to, the look and feel of the site, its data, information, databases, text, graphics, images, sounds, videos, photos, composition, logos, names, trademarks, service marks, trade names, URLs, Computer code and content provided by third parties (the “Content”) is owned by us or the entities that provide it to us, and is protected by copyright, database ownership rights, trademarks, patents, or other intellectual property rights and laws.
You have no right: use any Resource in any manner other than in connection with your use of our Site in accordance with these Terms; copy, modify, rent, lease, sell, assign, distribute, perform, display, license or decompile any Resource, or create derivative works based on the Site or any other Resource (including, without limitation, any software) available through the Site, except as expressly permitted by us; link to our Site without our prior permission; or use our trademarks, logos or other proprietary graphic material to link to this Site, or copy the Resources, without prior written permission.
You may print a copy and download extracts from any page of this site for your personal use only, provided that you comply with all copyright and other proprietary notices. Any other use of the contents of this site is prohibited unless you receive our prior written permission. Except as expressly provided in these terms and conditions, nothing contained herein or on this Site shall be construed as conferring, expressly, by implication, estoppel or otherwise, any license or right to our content or the content of any third party. Any rights not expressly granted herein are reserved.
You agree not to use our site for :
impersonate any person or entity, or make statements on behalf of a person or entity that you do not represent; publish advertisements, promotional content, junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized solicitation, except in areas expressly designated by us for this purpose; use any robot, spider, data mining tool, or other automatic device or manual process to monitor or copy information or content from the Site without our prior written permission; systematically retrieve data or other content from the Site, or compile, directly or indirectly, any collection, compilation, database or directory without our prior written permission; attempt, without permission, to access or interfere with any part or component of the Site, or any software used in connection with our Site; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site; disseminate or transmit any content that infringes or violates any copyright, trademark, trade secret, patent or other proprietary right of any third party; disseminate or transmit any worms, viruses or other malicious, disruptive or destructive files, code or programs; violate any law (local, state, national or international), whether intentional or unintentional; forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting; collect or store personal data about other users, including usernames, e-mail addresses, or other personal information about members; engage in any activity that would violate the privacy of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; interrupt, damage, render less effective or interfere with the effectiveness or proper working of the Site or any part thereof in any way.
If we believe that any person has violated this provision, any other provision of these Terms, or the law in any way, we reserve the right to investigate such activities and/or possible violations and to notify the appropriate authorities and/or take legal action against that person. We also reserve the right, without notice and at our sole discretion, to terminate your account and/or block your use of the Site. We will have no liability to you or any third party if we terminate your or their access to the Site.
Article 11: Force majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of an act of God or force majeure that would prevent performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 12: Protection of personal data
In accordance with the French Data Protection Act of 6 January 1978, you have the right to question, access, modify, oppose and rectify any personal data concerning you. By adhering to these terms and conditions, you consent to the collection and use of this data by us for the purpose of this contract. By entering your email address on our site, you will receive emails containing information and promotional offers concerning products published by the Company and its partners.
Article 13: Applicable law
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to Emirati law.
Article 14: Modification of our services
We reserve the right, at any time and from time to time, to modify, suspend, interrupt or terminate your use of our site and/or services (in whole or in part), with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, interruption or termination of your use of our services.
Article 15: Disclaimer regarding information and guarantees
BY USING OUR SITE AND/OR OUR SERVICES, YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW :
YOUR USE OF OUR SITE AND/OR SERVICES IS AT YOUR OWN RISK;
ALTHOUGH WE TAKE ALL REASONABLE PRECAUTIONS IN CREATING, SELECTING AND ASSEMBLING THE RESOURCES ON OUR SITE AND AS PART OF OUR SERVICES, OUR SITE AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT OUR SITE AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE AND/OR SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCT, SERVICE, PUBLICATION, INFORMATION OR OTHER RESOURCE OBTAINED BY YOU THROUGH OUR SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS
Article 16: Compensation
You agree to indemnify and hold us and our affiliates, their directors, officers, members, directors, employees and agents harmless from and against any and all costs, damages, disputes, demands, claims, losses or liability immediately upon demand, including without limitation reasonable attorneys’ fees and court costs, arising out of or in any way connected with your use of or reliance on our Services, your connection to our Site, your violation of these Terms, or your violation of any rights of a third party.
Article 17: Limitation of actions against us
You agree that any claim or cause of action arising out of your use of our site or these Terms must be filed within one year after such claim or cause of action arose or be forever barred, regardless of any legal limitations or other laws to the contrary. During this period, any failure by us to enforce or apply any provision of these Terms, or any rights related thereto, will not constitute a waiver of such rights or provision. If any provision of these terms and conditions is found to be contrary to law, it shall be construed so as to best reflect the intentions of the parties, and the other provisions shall remain in full force and effect.
If you have any questions, please send us an e-mail at the following address: [email protected]