This page (and any documents referred to in it) contains the terms which apply to your use of our website www.viviperfumes.com, whether you are a visitor or a registered user.
You should read these terms carefully before you start to use the site. By using the site, you accept these terms and agree to comply with them. If you do not agree to these terms, please do not use the site.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
WHO WE ARE
www.viviperfumes.com is a website operated by Vivi Perfumes (“we” or “us”).
We allow you to access to our site on a temporary basis only, and reserve the right to change or remove the service we provide via our site without notice. We will not be liable to you or any third party if for any reason our site is unavailable at any time or for any period.
From time to time, we may require users to register with our site in order to access some parts of it, or the whole site, at our discretion.
You are responsible for making all arrangements necessary to enable you to have access to our site, including (but not limited to) a suitable and stable internet connection. You are also responsible for ensuring that anyone who accesses our site through your internet connection is aware of these terms, and that they comply with them.
ACCEPTABLE USE POLICY
When using our site, you must comply in full with the requirements set out below.
You may use our site only for lawful purposes. You must not use our site:
1) in any way that breaches any applicable local, national or international law or regulation;
2) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards which are set out below;
4) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
5) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer
6) code designed to adversely affect the operation of any computer software or hardware; in order to harm or attempt to harm minors in any way.
You also agree not to:
2) access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including (without limitation) chat rooms and bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, whether it is moderated and if so, what form of moderation is used (for example whether it is human or technical).
Please note that the use of any of our interactive services by a minor is subject to the consent of their parent or guardian. Since moderation is not foolproof, we advise parents who allow their children to use an interactive service to educate their children about their safety online, and make them aware of the potential risks to them.
Where we do moderate an interactive service, we usually provide you with a means of contacting the moderator, should you have any queries or concerns.
These content standards apply to any and all material that you contribute to our site, and to any associated interactive services.
Please note that you are required to comply with the spirit as well as the letter of the following standards, which apply to each part of any contribution as well as to its whole.
1) be accurate (where they state facts);
2) be genuinely held (where they state opinions);
3) comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
1) contain any defamatory material;
2) infringe any copyright, database right or trademark of any other person;
3) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
4) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
5) promote any illegal activity;
6) contain any material which is obscene, offensive, hateful or inflammatory;
7) promote sexually explicit material;
8) promote violence;
9) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender reassignment, marriage or civil partnership, pregnancy or maternity, or age;
10) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
11) be likely to harass, upset, embarrass, alarm or annoy any other person;
12) be used to impersonate any person, or to misrepresent your identity or your relationship with any person;
13) be likely to deceive any person;
14) give the false impression that they emanate from us.
Breach of acceptable use policy
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When we determine that a breach has occurred, we may take such action as we deem appropriate.
1) Immediate, temporary or permanent withdrawal of your right to use our site;
2) Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
3) Issue of a warning to you;
4) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5) Further legal action against you;
6) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material it contains. Those materials are protected by copyright laws and treaties around the world, and we reserve all our rights in this respect.
You may download extracts and print off one copy only of any page(s) from our site for your personal, non-commercial use, and you may also draw the attention of others within your organisation to material posted on our site.
However, you must not modify in any way the paper or digital copies of any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any related text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged in any printouts, copies or downloads.
You must not use any part of the materials on our site for commercial purposes without first obtaining a licence from us or our licensors.
RELIANCE ON WEBSITE CONTENT
Whilst we take all reasonable steps to ensure the accuracy of the commentary and other materials posted on our site, these are not intended to amount to advice on which reliance should be placed. We do not accept any liability arising from any reliance placed on such materials by any registered user, visitor to our site, or by any third party.
CHANGES TO WEBSITE
We aim to review and update our site regularly, however we cannot guarantee that the material on our site will not be out of date at any given time, and we are under no obligation to update such material. We may change the content of our site at any time and we are entitled to suspend access to our site, or close it indefinitely, without notice.
We do not give any guarantees, conditions or warranties as to the accuracy or completeness of the material displayed on our site.
To the extent that the law allows us to do so, we (and other members of our group of companies and third parties connected to us) expressly exclude:
1) All conditions, warranties and other terms which might otherwise be implied by law.
2) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We do not exclude our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, or any other liability which cannot be excluded or limited by law.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
UPLOADING MATERIAL TO OUR SITE
If you upload material to our site, or make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy above. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
We have the right to use, copy, distribute and disclose to third parties for any purpose any material you upload to our site. Such uploaded material will be considered non-confidential and non-proprietary. We also have the right to disclose your identity to any third party who claims that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We do not accept any liability to you or any third party for the content or accuracy of any materials posted on our site by you or by any other user. We reserve the right without notice to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out above in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not:
1) misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful;
2) attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site;
3) attack our site via a denial-of-service attack or a distributed denial-of-service attack, or by any other means.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately and without notice.
We do not accept liability for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site, or due to your downloading any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not however establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy above, and you must own the website from which you are linking.
If you wish to make any use of material on our site other than as set out above, please contact us with your request at email@example.com
LINKS FROM OUR SITE
Where our site contains links to third party sites and resources, these links are provided for your information only. You acknowledge that we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
Vivi K Logo Trademark, Trade Mark No. UK00003050262 is UK registered trademark of Vivi Perfumes.
If you have any queries or concerns about any of the material on our site, please contact firstname.lastname@example.org
RETURNS & REFUNDS POLICY
This page together with the documents referred to in it sets out the terms of business (“Terms”) on which we supply any of the goods (“Goods”) referred to on our website at www.viviperfumes.com (the “Site”) to you, and gives you important information about us and how you can contact us. You should read these Terms carefully and in full before ordering any Goods from us via the Site. By ordering any of our Goods, you agree to be bound by these Terms, which will apply to any contract between you and us for the sale of Goods to you (“Contract”). Please print a copy of them and keep them safe for future reference. If you do not accept these Terms, you will not be able to order any Goods from our Site.
We may amend these Terms from time to time as set out in clause 18 below. You should therefore check these Terms each time you order Goods from us, to make sure that you understand the terms that will apply at that particular time.
- Who we are
1.1 www.viviperfumes.com is a website operated by Vivi Perfumes, referred to throughout these Terms as “we” or “us”.
1.2 You can contact us using the details on our Contact Us page https://viviperfumes.com/pages/contact-us
- The Goods
2.1 The images of the Goods shown on our Site are illustrative only, and the Goods you buy may vary slightly from those images.
Although we have made every effort to display the colours accurately, we are unable to guarantee that your computer’s display of the colours accurately reflect the actual colours of the Goods.
2.2 The packaging of the Goods may vary from that shown on images on our Site.
2.3 All Goods shown on our Site are subject to availability. We will let you know by email as soon as possible if the Goods you have ordered are not available, and we will not process your order if made.
- Your use of the Site and how we use your personal information
3.1 Your use of the Site is governed by our Terms of Website Use https://viviperfumes.com/pages/terms-conditions
Please read these carefully, as they include important terms which apply to you and regulate how you can use the Site.
You should therefore read this for details, as it includes important information which is relevant to you.
- If you are a consumer
This clause 4 only applies to you if you are a consumer.
4.1 If you are a consumer, you can only buy Goods from our Site if you are at least 18 years of age.
4.2 Because you are a consumer, you have legal rights in relation to any Goods that are faulty or not as described.
You can get advice about your legal rights from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these Terms affects those legal rights.
- If you are a business
This clause 5 only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have the required authority to bind any business on whose behalf you use our Site or purchase Goods through it.
- Our contract
6.1 For the steps you need to take to place on order for Goods on our Site, please see our Frequently Asked Questions (FAQ) https://viviperfumes.com/pages/faq
Our order process allows you to check your order and amend any errors before you submit the order to us. Please therefore ensure that you read and check your order carefully at each stage of the process.
6.2 After your place an order, we will send you an email acknowledging receipt of your order.
However, this does not mean that we have accepted your order, and acceptance of your order will only take place as described in clause 6.3 below.
6.3 We will confirm acceptance to you by sending you an email confirming that the Goods have been dispatched (“Dispatch Confirmation”).
The Contract between you and us will only be formed when we send you the Dispatch Confirmation.
6.4 If we are unable to supply you with the Goods, for example because the Goods are not in stock or no longer available, or because of an error in the price on our site as referred to in clause 10.4 below, we will inform you of this by email and we will not process your order.
If you have already paid for the Goods, we will refund you the full amount as soon as possible.
- Consumer rights of return and refund
This clause 7 only applies to you if you are a consumer.
7.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 7.3, which means that during the relevant period if you change your mind or decide you do not want to keep the Goods for any other reason, you can tell us of your decision to cancel the Contract and receive a refund.
You can get advice about your legal rights to cancel the Contract from your local Citizens’ Advice Bureau or Trading Standards Office.
7.2 The right of cancellation referred to in clause 7.1 above does not however apply to any made-to-measure or custom-made products; newspapers, periodicals or magazines; perishable goods, such as food, drink or fresh flowers; or software, DVDs or CDs which have a security seal which you have opened or unsealed.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed.
If the Goods have already been delivered to you, then you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Goods.
Working days means that Saturdays, Sundays or public holidays are not included in this period.
7.4 To cancel a Contract, you must contact us by sending an email to email@example.com. You should keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the email.
7.5 You will receive a full refund of the price you paid for the Goods.
We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 7.4.
If you returned the Goods to us because they were faulty or not as described, please see clause 7.6 below.
7.6 If you have returned the Goods to us under this clause 7 because they are faulty or not as described, we will refund the price of any defective Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Goods to us.
7.7 We refund you on the credit card or debit card used by you to pay.
7.8 If the Goods were delivered to you:
(a) you must return them to us as soon as reasonably practicable.
(b) unless the Goods are faulty or not as described (in this case, see clause 7.6 above), you will be responsible for the cost of returning the Goods to us.
(c) you have a legal obligation to keep the Goods in your possession and to take reasonable care of them while they are in your possession.
7.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
7.10 As a consumer, you will always have legal rights in relation to Goods that are faulty or not as described.
These legal rights are not affected by the returns policy in this clause 7 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
- Fulfilment of your order
8.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation unless there is an Event Outside Our Control.
If, due to an Event Outside Our Control, we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.
8.2 Delivery will be completed when we deliver the Goods to the address you provided to us.
8.3 We currently do not deliver to addresses outside the UK. You may place an order for Goods from outside the UK, however your order must be for delivery to an address in the UK.
- Risk and ownership
9.1 The Goods will be at your risk from completion of delivery.
9.2 Ownership of the Goods will not pass to you until we receive full payment of all sums due in respect of the Goods (including any applicable delivery charges).
- Price and payment
10.1 The price of any Goods will be as quoted on the Site from time to time.
We take all reasonable care to ensure that the prices of the Goods are correct at the time when the relevant information is entered onto our system, however if we discover an error in the price of any Goods you have ordered, please refer to clause 10.4 for what happens in this event.
10.2 The prices quoted are inclusive of VAT (where applicable) at the applicable current rate chargeable in the UK for the time being, however if the rate of VAT changes between the date of your order and the delivery date, we will adjust the VAT you pay (unless you have already paid for the Goods in full prior to the relevant VAT change taking effect).
The prices quoted exclude delivery costs, which will be as quoted on the Site from time to time, and will be added to the total amount.
10.3 We may change our prices at any time, but any changes we make will not apply to orders in relation to which we have already sent you a Dispatch Confirmation.
10.4 The Site refers to a large number of Goods and it is always possible that, despite our reasonable efforts, some of the Goods listed may be incorrectly priced.
We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price, we will charge the lower amount when dispatching the Goods to you.
If however the correct price of the Goods is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
10.5 Please note that we are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation.
If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
10.6 Goods must be paid for by credit or debit card. Payment for the Goods and for all applicable delivery charges is in advance.
We will not charge your credit or debit card with the sum owed to us until we dispatch your order.
- Our liability if you are a business
This clause 11 only applies if you are a business.
11.1 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any re-sale purposes.
11.2 We do not exclude or limit in any way our liability to you:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) for fraud or fraudulent misrepresentation;
(e) for any matter in relation to which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.3 Subject to clause 11.2, we will not in any circumstances by liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) Loss or corruption of data, information or software;
(b) loss of business opportunity;
(c) loss of profits, sales, business or revenue;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
- Our liability to you if you are a consumer
This clause 12 only applies to you if you are a consumer.
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
12.2 We only supply the Goods for domestic and private use.
You agree not to use the Goods for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979; and
(e) defective Goods under the Consumer Protection Act 1987.
- Communications between you and us
13.1 When we refer in these Terms to “in writing”, this will include email.
13.2 If you are a consumer:
(a) to cancel a Contract in accordance with your legal right to do so as set out in clause 7, you must contact us in writing by sending an e-mail to firstname.lastname@example.org
You should keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail.
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail to Vivi Perfumes at email@example.com
13.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
13.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our Site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- Transfer of rights and obligations
14.1 The contract between us binds both you and us and our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of any contract with us, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract between us, or any of our rights or obligations arising under it, at any time during the term of the contract in question, but this will not affect your rights or our obligations under these Terms.
- Events outside our control
15.1 We do not accept any liability for any failure to perform or delay in performing any of our obligations under a Contract between us where such failure or delay is caused by an event outside our control as defined in clause 15.2 below (an “Event Outside Our Control”).
15.2 An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (but without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, or the acts, decrees, legislation, regulations or restrictions of any government.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- Our right to vary these Terms
18.1 We have the right to vary these Terms from time to time in the event of any changes in how we accept payment from you, or any changes in relevant laws or regulatory requirements, and we encourage you to revisit them periodically to ensure that you are fully aware of them at all times.
18.2 Every time you order Goods from us, the Terms in force at that particular time will be the Terms applicable to the Contract between you and us.
Whenever we amend these Terms in accordance with clause 18.1 above, we will let you know by stating at the top of this page that the Terms have been amended, and giving the date of the relevant change.
- Third party rights
These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
- Law and jurisdiction
20.1 If you are a consumer, please note that these Terms are governed by English law.
This means that a Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms are governed by English law.
This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Last Updated August 2018.