OVERVIEW

This website is operated by VIVERE London Limited, a private limited company incorporated in England and Wales with registered company number 14089027 and whose registered office is at 167-169 Great Portland Street, 5th Floor, London, United Kingdom, W1W 5PF (“VIVERE London”). Throughout the site, the terms “we”, “us” and “our” refer to VIVERE London. 

We offer this website, including all information, tools, Products and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing a Product or Service from us, you agree to be bound by the following terms and conditions (these “Terms of Sale”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Sale apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants.

Please read these Terms of Sale carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Sale. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Sale are considered an offer, acceptance is expressly limited to these Terms of Sale.

Any new features or tools which are added to the current store shall also be subject to the Terms of Sale. You can review the most current version of the Terms of Sale at any time on this page. We reserve the right to update, change or replace any part of these Terms of Sale by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Sale, you represent that you are at least 18 years of age and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our Products or Services for any illegal or unauthorised purpose nor may you, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We only accept orders once we have checked them and have dispatched or supplied the Product or Service to you. Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside the delivery areas stated on our website and in our marketing, or because the Product or Service was mispriced by us.

We otherwise reserve the right to refuse to provide Products or Service to anyone for any reason at any time.

When your order is rejected, we let you know as soon as possible and refund any sums you have paid for Products or Services which have not been delivered.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit the Products or Services, or any part thereof without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

A Product’s true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. Further, if we're making or supplying Product to measurements you provide, you're responsible for making sure those measurements are correct. We may also charge you additional sums if you don't provide us with information we've asked for about how we can access your property for delivery, installation of Products or to provide Services or if you don't do preparatory work for installation, as agreed with us. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

We are always entitled to make changes to our Products or Services to reflect changes in relevant laws and regulatory requirements. We may also make minor technical adjustments or improvements to our Products or Services from time to time, and may update digital content. Prices of our Products are subject to change without notice. You are entitled to cancel any order for Products and Services placed but not yet fulfilled in the event of a price change that you do not agree to.

We may also modify or discontinue a Product or Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the same, save in respect of Products or Services for which you have paid but have not received (in which case we will refund applicable fees paid by you in respect of such Products or Services without undue delay).

SECTION 5 - PRODUCTS OR SERVICES 

Certain Products or Services may be available exclusively online through the website. These Products or Services may have limited quantities and are subject to return, refund or exchange only according to our Refund Policy.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any product or Service made on this site is void where prohibited.

We can end our contract with you for delivery of a Product or Service and claim any compensation due to us if you: a) fail to make payment to us when it's due; b) fail to provide us with information, cooperation or access that we need to provide the Product or Service within a reasonable time of us asking for it (for example, information as to characteristics of your property which may prevent, delay or restrict installation); or c) fail to allow delivery of the Products or Services to you, or fail to collect them from us, within an agreed timeframe.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our  Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Sale.

SECTION 8 - THIRD-PARTY LINKS

Certain content, Products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Sale.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here:  Refund Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the website, including without limitation, pricing information, except as required by law.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Sale, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or any related website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites,. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.

SECTION 13 - LIMITATION OF LIABILITY

We're responsible for losses you suffer caused by us breaking this contract unless the loss is: a) Unexpected - It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

1. b) Caused by a delaying event outside our control - as long as we contact you as soon as possible to let you know about the delay and do what we reasonably can to reduce the delay, we won’t compensate you for the delay (although, if the delay is substantial, either parry may choose to end the contract for delivery of the affected Product or Service and receive a refund in respect of that portion of the contract); c) Avoidable – for example, if it is something you could have avoided by taking reasonable action (e.g. damage to your property by not correctly following installation instructions); or d) A business loss – for example, if it relates to your use of a Product or Service for the purposes of your trade, business, craft or profession.

Otherwise, please refer to our Returns and Refund Policy [available here] for a complete description of your legal rights in the event of us breaching this contract.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless VIVERE London and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Sale or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

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 Sale are effective unless and until terminated by either you or us. You may terminate these Terms of Sale in accordance with our Returns and Refund Policy.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision.

These Terms of Sale and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and governs your use of the website, and your purchase of Products and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Sale).

Any ambiguities in the interpretation of these Terms of Sale shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Sale and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

SECTION 19 - CHANGES TO TERMS OF SALE

We can transfer our contract with you, so that a different organisation is responsible for supplying your Products and/or Services. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract. If you're unhappy with the transfer you can contact our customer service team to discuss. You may not transfer your contract with us to someone else unless we agree to this in advance in writing.

You can review the most current version of the Terms of Sale at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Sale by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website, or subsequent purchase of the Products or Services, following the posting of any changes to these Terms of Sale constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Sale should be sent to us at damian@viverelondon.com.
Our contact information is posted below:
VIVERE London Limited

167-169 Great Portland Street

5th Floor

London

W1W 5PF

United Kingdom

+44 (0)7966 251 894

Business registration number: 14089027

 

Summary of your key legal rights

The Consumer Rights Act 2015 says that: 

Products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Product your legal rights entitle you to the following:

• Up to 30 days: if the Product is are faulty, then you can get a refund.  
• Up to six months: if the Product can't be repaired or replaced, then you're entitled to a full refund, in most cases.  
• Up to six years: if the Product does not last a reasonable length of time you may be entitled to some money back.   

 

Services must be performed with reasonable care and skill, and are to be performed within a reasonable time.

• You can ask us to repeat or fix the Service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
• If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
• If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

 

If the Product is digital content the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

• If your digital content is faulty, you're entitled to a repair or a replacement.
• If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.