General Terms and Conditions of FLYERALARM PRINTING & ADVERTISING SERVICES L.L.C,

FLYERALARM PRINTING & ADVERTISING SERVICES L.L.C, Dubai, (hereafter "we", “us” or “our”) provide website features and other products and services to you (“you” or the “Customer”) when you visit or shop at www.flyeralarm.ae (the "Website"), or buy our products, or services offered on the Website. Please see our Privacy Policy to understand how we collect and process your personal information through the use of the Website.

By using the Website, you signify your agreement to be bound by these terms and conditions.

§ 1 Conditions of Use and Sale
We provide our services and sell our product to you subject to the conditions set out on this page. Please read these conditions carefully before using our Website or ordering a product using the Website.

§ 2 The Contract of Sale
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from the Website, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is an acknowledgment that we have received your order but does not confirm our acceptance of your offer. We only accept your offer a product ordered by you, when we ship the product to you; at that time, we will send an e-mail confirmation to you (the "Sale Confirmation E-mail") and that time the contract of sale shall be deemed concluded.

§ 3 Electronic invoice
You agree to the sales invoice being transmitted electronically.

§ 4 Client
(1)  In the case of orders with delivery to third parties, the Customer shall be deemed to be the purchasing party. If the delivery is made to third parties for their benefit or if the recipient of the delivery is otherwise enriched by the taking possession and further use of the deliveries, the Customer and the recipient of the delivery shall be deemed to be joint purchasers who shall be jointly and severally liable. By placing such an order, the Customer tacitly assures that consent of the third party hereto has been obtained.
(2)  In the case of orders for the account of third parties, irrespective of whether the orderer is acting in his own name or in the name of a third party, the orderer and the invoice recipient shall be deemed to be joint purchasers. A subsequent amendment of the invoice after invoicing has already been carried out at the request of the orderer to another invoice recipient shall mean that the invoice recipient tacitly assumes joint liability. By placing such an order, the Customer tacitly assures that the agreement of the invoice recipient has been obtained.

§ 5 Payment
(1)  Unless expressly agreed otherwise in writing, we deliver against invoice (which is sent by e-mail and may also be included in our acceptance).
(2)  A reasonable advance payment may be required for all orders.
(3)  Payment shall be deemed effected once the amount is at our disposal. If the Customer fails to pay within the fixed period for payment, it shall enter into default, without a reminder. Payment shall be effected by interbank payment transaction only; bills of exchange will not be accepted. If the Customer enters into default for payment, we shall be entitled to demand default interest at the rate of 9 % p.a.

§ 6 Customer Account
(1)  The Customer must have its own account to order through the Website and may be required to be logged into the account.
(2)  Customer is responsible for maintaining the confidentiality of their account and password and for restricting access to the account, and to the extent permitted by applicable law, Customer agree to accept responsibility for all activities that occur under their account or password.
(3)  Customer must take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if they have any reason to believe that the password has been compromised, or if the password is being, or is likely to be used in an unauthorized manner.
(4)  Customer is responsible for ensuring that the details they provide us with are correct and complete, and for informing us of any changes to the information provided.
(5)  Customer must not use their account or the Website: (i) in any way that causes, or is likely to cause, any access to the Website to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
(6)  We reserve the right to refuse service, terminate accounts or remove or edit content if the Customer is in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.

§ 7 Print and order data, data transmission
(1)  The data must be supplied in the format and in compliance with the file specifications (print data, data sheets) specified by us. Our specifications with respect to the print data and data sheets must absolutely be observed. We cannot guarantee performance without defects if the file format provided by the Customer deviates from our specifications, unless we have explicitly approved this format in writing. The Customer shall be fully and solely liable for the compliance and correctness of the data, even if there are data transmission or data carrier errors, unless we are responsible for these errors.
(2)  We are not obliged in any way to examine data deliveries of any kind provided to us by the Customer or by a third party engaged by the Customer for compliance with our specifications or otherwise. This also applies to data carriers and transmitted data provided to us. This does not apply to data that are obviously impossible to process or read or in the event of an express written agreement of a duty on our part to examine.
(3)  In the case of data transmissions, the Customer shall use state-of-the-art computer virus protection programs prior to transmission. Data backup is the sole responsibility of the Customer. We are entitled to make copies of the data.

§ 8 Delivery, delivery time, partial deliveries, force majeure
(1)  Delivery shall be made exclusively within the United Arab Emirates (UAE).
(2)  The relevant period for determining the delivery time refers to working days (Monday - Friday, with the exception of public holidays in the UAE for the private sector) and begins one day after receipt of printable data or print approval The stated delivery period is not binding, so that the Customer may not be entitled to any compensation arising from any delay other than those expressly stated under this § 8. The Customer has no rights whatsoever in the event of delays if the delay or failure arises from any cause which is beyond our reasonable control.
(3)  We shall not be liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. operational disruptions of all kinds, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties in obtaining necessary official permits, official measures or any failure of suppliers to deliver correctly and on time) for which we are not responsible. If such events make it considerably more difficult or impossible for us to deliver or perform and the hindrance is not only of temporary duration, we are entitled to withdraw from the contract. In the event of hindrances of temporary duration, the delivery or service period shall be extended accordingly by the period of the hindrance plus a reasonable start-up period. If the Customer cannot reasonably be expected to accept the delivery or service as a result of the delay, he may withdraw from the contract by immediately notifying us in writing.
(4)  If the hindrance lasts longer than one month, the Customer is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled. If the delivery time is extended or if we are released from our obligation (by impossibility or in case of lawful withdrawal), the Customer cannot derive any claims for damages from this.
(5)  The force majeure provisions set out in § 8 (3) and (4) shall also apply if the impossibility of delivery or delays in delivery have been caused by a pandemic or epidemic or by its effects, e.g. by officially ordered company closures or quarantine measures or by hygiene measures to combat the pandemic that impede the operating processes.

§ 9 Subsequent changes, preliminary work
(1)  Changes to delivered or transmitted data and similar preparatory work caused by the Customer shall be charged separately.
(2)  We are entitled, but not obliged, to carry out necessary preparatory work ourselves without consulting the Customer, in particular on the data supplied or transmitted by the Customer, if this is in the Customer's economic interest or helps to meet the delivery date of the order. If the Customer's data does not correspond to our specifications and the end product is defective as a result of our respective adjustment of the print data, we shall not be liable for these defects. The Customer hereby expressly declares that preparatory and adjustment works (if any) are carried out at the Customer’s own risk. Any warranty claim with respect hereto is therefore excluded. Such work shall be invoiced according to the time required.

§ 10 Shipping, transfer of risk and place of performance
(1)  Unless expressly agreed otherwise, we shall determine the appropriate mode of shipping and the transport company at our reasonable discretion.
(2)  The risk shall pass to the Customer at the latest when the delivery item is handed over (whereby the start of the loading process shall be decisive) to the forwarding agent, carrier or other third party designated to carry out the shipment. This shall also apply if partial deliveries are made or we have several deliveries to the same Customer. If shipping or handover is delayed at the request of the Customer or as a result of a circumstance the cause of which lies with the Customer, delivery occurs and the risk shall pass to the Customer upon notification of readiness for shipping. The following applies to entrepreneurs: Storage costs after transfer of risk shall be borne by the Customer. In case of storage by us, the storage costs amount to 1% of the invoice amount of the delivery items to be stored per completed week. We reserve the right to claim and prove further storage costs.
(3)  The place of performance for all obligations arising from the contractual relationship is Dubai.

§ 11 Notification of transport damage
(1)  The Customer carries the risk of loss, damage, and delay caused during transport. He shall notify the carrier of any loss of, destruction, or damage to the goods. In the case of visibly detectable damage or shortages, this must be done at the latest on delivery, otherwise (hidden defects) within seven days from delivery. In the event of late notification, it shall be presumed that the goods have been delivered complete and undamaged. The notice must indicate the damage sufficiently clearly.
(2)  Notice of damage after delivery shall be given in writing (email sufficient). Timely dispatch shall be sufficient to comply with the time limit.

§ 12 Liability for material defects and defects of title
(1)  The Customer shall in any case immediately examine the contractual conformity of the goods. The risk of any defects shall pass to the Customer with the declaration of readiness for printing/declaration of readiness for production, with the exception of those defects which only arose or could only be detected in the production process following the declaration of readiness for printing/declaration of readiness for production. The same applies to all other release declarations of the Customer.
(2)  The Customer shall carefully inspect the delivered goods immediately after delivery to him or to the third party designated by him. The delivered goods shall be deemed to have been approved by the Customer if we have not received a notice of defect with regard to obvious defects or other defects which were recognisable during an immediate, careful inspection within seven working days after delivery , or otherwise within seven working days after actual discovery of the defect or at any earlier point in time at which the defect was recognisable for the Customer during normal use of the delivery item without closer inspection, in written form (including by fax or e-mail).
(3)  The Customer’s duty to examine also applies to preliminary and intermediate products sent to him for correction.
(4)  If the delivered goods are defective, as remedy, the Customer may first demand that the defect be remedied or that a good free of defects be supplied. We reserve the right to choose between the remedy of the defect or the delivery of a thing free of defects (a prerequisite for our liability is that the defect is not insignificant). If one or both types of remedy are impossible or disproportionate, we are entitled to refuse them. We may refuse any remedy as long as the Customer does not fulfil his payment obligations towards us to an extent corresponding to the defect-free part of the delivered goods.
(5)  At our request, the delivered good rejected by the Customer shall be returned to us carriage paid. We will not accept any goods returned carriage unpaid.
(6)  We shall bear the expenses necessary for the purpose of remedying the defect, in particular transport and travel costs (most cost-efficient shipping route), labour costs and material costs; costs shall not be borne by us insofar as additional costs are incurred due to the transfer of the delivered good to a place other than the place of performance.
(7)  If the remedy of the defect pursuant to paragraph 4 fails or is unreasonable for the Customer or if we refuse the remedy, the Customer is entitled in each case in accordance with the applicable law to withdraw from the contract, to reduce the purchase price or request a refund. Further claims of the Customer for whatever legal reason are excluded or limited in accordance with § 12.
(8)  The warranty period is twelve months from delivery; if acceptance is required, from acceptance. Any delivery of used items agreed with the Customer in individual cases shall be made to the exclusion of any warranty. This does not apply to the liability in case of gross negligence.
(9)  None of the above clauses is intended to change the mandatory statutory distribution of the burden of proof or to limit the mandatory statutory liability.

§ 13 Production-specific features, complaints
(1)  In all manufacturing processes, minor deviations from other orders or individual pieces cannot be objected to.

(2)  This applies in particular to:

• minor colour deviations between two or more orders,
• minor colour deviations compared to a previous order,
• minor colour deviations between individual sheets within an order,
• minor cutting and folding tolerances (=deviations from the final format); in particular for pochettas up to 4 mm from the closed final format; for all magazines, notebooks and coupon books up to 2 mm from the closed final format; for napkins up to 1.5 mm from the closed final format; advertising technology products 1-2% from the final format; all other products up to 1 mm from the (closed) final format,
• minor colour deviations between the inside and cover of magazines,
• slight offset (up to 0.3 mm) of the partial UV varnish, hot foil stamping or relief varnish to the print motif.

For technical reasons, the same applies to the comparison between other originals (such as proofs, sample prints, and printout data), even if they were created by us, and the final product.

(3)  Due to the production process, the running direction of the paper cannot be taken into account during placement. A resulting slight break-up during folding as well as deviations in the strength or stiffness of the product are to be accepted and cannot be objected to.
(4)  The following applies to dispatch to a delivery address: Excess or short deliveries of up to 5% of the ordered goods cannot be objected to. This also includes waste paper, start-up sheets, set-up copies of further processing machines, production-related off-cuts of the top and bottom sheets.
(5)  The following applies to shipments to several delivery addresses: Excess or short deliveries of up to 5% of the ordered goods per delivery address cannot be objected to. This also includes waste paper, start-up sheets, set-up copies of further processing machines, productionrelated off-cuts of the top and bottom sheets.
(6)  Our liability for deviations in the quality of the material used shall be limited to the amount of the order value.

$ 14 Withdrawal of the customer and other liability on our part
(1)  The right of withdrawal of the Customer is excluded after the conclusion of the contract, unless these terms and conditions or mandatory statutory law expressly provide for such a right of withdrawal . Any statutory or contractual rights and claims to which we are entitled shall neither be excluded nor limited.
(2)  We shall only be liable for damages , if these result from an intentional or grossly negligent breach of duty by us or on an intentional or grossly negligent breach of duty by our representatives or vicarious agents.
(3)  Neither we nor any of our affiliates are responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses. In any case our liability is limited to the foreseeable and direct damage typical for the contract.
(4)  In all other respects, liability - irrespective of the legal grounds (in particular claims arising from the breach of main and ancillary contractual obligations ) - is excluded.
(5)  In the event of reimbursement of expenses (with the exception of expenses required for the purpose of remedy pursuant to §12 (6) above), this § 14 shall apply accordingly.
(6)  Any exclusion or limitation of our liability shall also apply to our legal representatives and vicarious agents.
(7)  We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. The delay provisions set out in § 8 shall apply.

§ 15 Assignment, right of retention, set-off
(1)  Assignments of our Customers' claims against us are prohibited.
(2)  Our Customers are not permitted a right of retention against our claims unless they are undisputed or legally established by a final judgement.
(3)  A set-off of our Customers' own claims against our claims is also excluded, unless they are undisputed or legally established claims or claims that are ready for a decision.

§ 16 Retention of title
(1)  The retention of title agreed below serves to secure all our respective existing current and future claims against the Customer arising from the supply relationship existing between the contracting parties concerning (print) products (including balance claims from a current account relationship under this supply relationship).
(2)  The goods delivered by us to the Customer shall remain our property until we have received full payment of all secured claims. The goods subject to retention of title as well as the goods replacing the same according to this clause are hereinafter referred to as “reserved goods”.
(3)  The Customer shall store the reserved goods for us free of charge.
(4)  The Customer is entitled to process and sell the reserved goods in the ordinary course of business until an event of default occurs according to § 9. Pledges, encumbrances, and transfers by way of security are not permitted.
(5)  If the reserved goods are processed by the Customer, it is agreed that the processing shall be carried out in our name and for our account as manufacturer and that we shall acquire direct ownership or - if the processing is carried out from materials of several owners or the value of the processed item is higher than the value of the reserved goods - co-ownership (by fractional shares) of the newly created item in the ratio of the value of the reserved goods to the value of the newly created item. In the event that we do not acquire such ownership, the Customer hereby assigns to us as security its future ownership title or - in the above-mentioned proportion - co-ownership of the newly created item. If the reserved goods are combined or inseparably mixed with other items to form one new item and if one of the other items is to be regarded as the main item, we shall, insofar as the main item belongs to us, transfer to the Customer pro rata co-ownership of the one new item in the ratio stated in S 1.
(6)  In the event of resale of the reserved goods, the Customer hereby assigns to us by way of security the resulting claim against the purchaser - in the event of our co-ownership of the reserved goods, in proportion to the co-ownership share . The same applies to other claims which replace the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims in tort in the event of loss or destruction. We revocably authorise the Customer to collect the claims assigned to us in his own name for our account. We may only revoke this direct debit authorisation in the event of default.
(7)  If third parties gain access to the reserved goods, in particular by way of seizure, the Customer shall immediately notify them of our ownership title and inform us thereof in order to enable us to enforce our ownership rights. If the third party is not in a position to reimburse us for the judicial or extrajudicial costs incurred in this connection, the Customer shall be liable to us for this.
(8)  We shall release the reserved goods as well as the items or claims replacing them upon request at our discretion insofar as their value exceeds the amount of the secured claims by more than 50%.
(9)  If we withdraw from the contract in the event of breach of contract on the part of the Customer - in particular default of payment – (“default event”), we shall be entitled to claim back the reserved goods without prejudice of other rights under contract and law, including payment of damages.

§17 Copyright
(1)  All content included in or made available through the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of us or our content suppliers and is protected by local and international copyright, authors' rights and database right laws.
(2)  You may not extract and/or re-utilize the content the Website or any parts thereof without our express written consent. You may also not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our express written consent.

§ 18 Data, data carriers
(1)  Products due to the Customer, in particular data and data carriers, shall only be stored by us for a limited period of time after fulfilment of the order and subsequently destroyed by us. Only after express agreement and against special remuneration will these be archived beyond the time of handover of the end product to the Customer or his vicarious agents. If the aforementioned items shall be insured, the Customer must arrange the insurance himself at his cost, unless the Parties have agreed otherwise in writing.
(2)  Data on CD/DVD and other order documents will not be returned.
(3)  We are not responsible for the protection of the Customer´s files or data. We will not be liable for any loss or damage to the Customer´s files, data, or data carrier, or for any costs or expenses incurred in connection with backing up or restoring the Customer´s files or data.

§ 19 Rights of third parties, indemnity against liability
(1)  The Customer guarantees in particular and assumes sole responsibility that the templates (in particular image and text files), content and materials sent to us, (i) do not infringe any copyrights, trademark rights or other proprietary rights of third parties, the general right of personality or other rights of third parties; (ii) do not violate any laws, implementing regulations and guidelines in force in the UAE, including (without limitation herein) the standards of the Media Content under the UAE Law on the Regulation of Media (Federal Law No. 55/2023), its implementing regulations, and the content advertising standards of the UAE National Media Council Advertising Guide (NMC).
(2)  The Customer declares that he is in possession of the copy and reproduction rights of the submitted data.
(3)  The Customer shall indemnify us on first demand against all claims of third parties and undertakes to compensate us for any damage incurred by us due to the third party's right. This also includes any legal costs (lawyer's fees and court costs) incurred by us as well as administrative and/or criminal sanctions imposed by authorities and any resulting damage (civil or otherwise) at our expense.

(4)  We reserve the right not to execute the order as well as to withdraw at any time and without liability for damages, if in our view (which shall be solely subject to our discretion)

• the submission or the content of the transmitted data or the fulfilment of the order would violate applicable criminal laws or could be punished as an administrative offence;
• the submission or content of the transmitted data obviously pursues racist, xenophobic, violence-glorifying, radical or otherwise anti-constitutional goals;
• the submission or content of the data transmitted is sexist in nature;
• the submission or the content of the transmitted data disregards general fundamental ethical values or is to be classified as immoral for other reasons;
• the submission or content of the transmitted data or the performance of the contract would violate any laws, implementing regulations or guidelines in force in the UAE, such as (without limitation herein) the standards of the Media Content under the UAE Law on the Regulation of Media (Federal Law No. 55/2023, Article 17), its implementing regulations, or the content advertising standards of the NMC Advertising Guide (NMC);
  or
• the submission or content of the transmitted data or the performance of the contract would disrespect the Islamic or other beliefs, public morals, or advertise the consumption of alcohol, drugs, or other unlawful substances.

(5)  Furthermore, we reserve the right to permanently block customer accounts in the event of repeated orders of the aforementioned type and to report potential violations of the law. This does not mean, however, that we are in any way obliged to check templates and contents of the Customer for possible violations of the law. The responsibility in this respect lies exclusively with the Customer.
(6)  If a Customer orders the execution of a print order which is in contradiction to the above paragraphs, we are entitled to refuse the execution of the print order. If we become aware of this violation after part of the service owed has already been provided, we shall be entitled to refuse further execution of the order and to demand compensation from the Customer for the costs already incurred by us in this respect and the lost profit.

§ 20 Applicable law and place of jurisdiction
(1)  These General Terms and Conditions and any contract between us and you shall be governed by the laws of the United Arab Emirates as applicable in the Emirate of Dubai.
(2)  The courts in Dubai shall have exclusive jurisdiction over any dispute arising out of or in
connection with a contract between the parties and/or these General Terms and Conditions.

$ 21 Amendments to the Conditions of Use
(1)  We reserve the right to make changes to the Website, or our policies, terms and conditions including these Conditions of Use, at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Website and/or place an order for the product.
(2)  Should any provision in these General Terms and Conditions or any provision within the scope of other agreements be or become invalid, this shall not affect the validity or enforceability of any other provisions or agreements