Terms and Conditions
1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods and services (the 'Products') listed on this website (the 'Website') to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy at clause 12 and limitation of our liability and your indemnity at clause 16
1.2.2. Print a copy for future reference.
1.3. By ordering any of the Products listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is owned and operated by Vivasan UK Ltd. ('we'/'us'/'our'), a limited company registered in England and Wales under company number: 7668698 having our registered office at 22 - 24 Central Chambers, London, W5 2NR, UK.
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4. OVERSEAS ORDERS
4.1. Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
4.2. We may, in our sole discretion, accept orders for goods from individuals located outside the United Kingdom and ship them overseas. We may also agree to provide our services if you are resident in the European Economic Area (EEA), subject to reserving a right to amend the specifications or standards of the services offered on the Website and/or these Conditions or to refuse to accept an order for our services from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs that we incur in order to facilitate your order, such as (without limitation) extra shipping or postage costs. You will have an opportunity to cancel your order in case the additional costs are not acceptable.
4.3. If we agree to supply any Products ordered from the Website for delivery outside the United Kingdom they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery (in the case of goods). Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
4.4. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
4.5. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
5.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
5.2. By registering on the Website you undertake:
5.2.1. That all the details you provide to us for the purpose of registering on the Website and purchasing the Products are true, accurate, current and complete in all respects
5.2.2. To notify us immediately of any changes to the information provided on registration or to your personal information
5.2.3. That you are over 18 or if under 18 you have a parent or guardian's permission to register with and purchase the Products from this Website in conjunction with and under their supervision
5.2.4. To only use the Website using your own username and password
5.2.5. To make every effort to keep your password safe
5.2.6. Not to disclose your password to anyone
5.2.7. To change your password immediately upon discovering that it has been compromised
5.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
5.3. You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
5.4. We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:
5.4.1. You fail to make any payment to us when due
5.4.2. You breach these Conditions (repeatedly or otherwise)
5.4.3. You are impersonating any other person or entity
5.4.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
5.4.5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
6. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
6.1. To be eligible to purchase the Products on this Website and lawfully enter into and form contracts with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract
6.1.3. Provide full details of an address in the United Kingdom or the European Economic Area (if you reside in the EEA) for the performance or delivery of the Products
6.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
7.1. The prices of the Products are quoted on the Website.
7.2. Prices quoted for delivery (in the case of goods) and for performance (in the case of services) are for the United Kingdom unless otherwise specified.
7.3. Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered) and delivery costs (in the case of goods). The delivery costs will be added to the total amount due from you at their current rate. Details of our delivery charges can be located on our Website.
7.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Products to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery of the goods and/or we have commenced providing the services.
8.1. Payment can be made through an electronic payment account Pay Pal as explained on the order form.
8.2. By placing an order, you consent to payment being charged to your electronic payment account as provided on the order form.
8.3. Payment will be debited and cleared from your account before the dispatch of the goods or provision of the service to you.
8.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. - not active yet
8.5. By accepting these Conditions you:
8.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Products are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered
8.5.2. Undertake that any and all Products ordered by you are for your own private or domestic use only and not for resale
8.5.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
8.6. We shall contact you should any problems occur with the authorisation of your card.
8.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
9. ORDER PROCESS AND FORMATION OF A CONTRACT
9.1. All orders are subject to acceptance and availability. If any Products ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
9.2. Any order placed by you constitutes an offer to purchase the Products from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
9.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
9.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Products ordered by you from the Website.
9.5. A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment and have confirmed that we have dispatched the goods and/or shall be providing the requested service and, where appropriate, have made it available to be downloaded. We will send you an email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy the Products from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
9.6. Where we agree to supply Products to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the 'Minimum Duration'). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.
9.7. The Contract will relate only to the Products stated in the Confirmation Notice. We will not be obliged to supply any other Products which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
9.8. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
9.9. You will be subject to the version of our policies and Conditions in force at the time that you order the Products from us, unless:
9.9.1. Any change to those policies or these Conditions is required to be made by law or governmental authority
9.9.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
10.1. The Products will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders. We may where appropriate and at our option, deliver all or part of the services, to the email address you supplied on registration or such other email address that we agree to use to communicate with you.
10.2. We employ professional carriers. Nevertheless, you must examine the goods on arrival. If you are asked for your signature on delivery, you must examine the goods before signing for it.
10.3. All goods must be signed for by an adult aged 18 years or over on delivery.
10.4. Any dates quoted for delivering the goods and/or completing performance of the service are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
10.5. We shall not be liable for any delay in delivering the goods and/or completing performance of the service, however caused.
10.6. The Products may be sent to you in instalments.
10.7. For Christmas deliveries, we recommend that you check our Website for the last date of delivery.
11. RISK AND TITLE
11.1. The goods will be at your risk from the time of delivery.
11.2. Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery (in the case of goods).
12. CANCELLING YOUR CONTRACT AND RETURNS
12.1. Cancelling before receiving a Confirmation Notice
12.1.1. You may cancel your order for the Products at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to email@example.com or a letter to 22 - 24 Central Chambers, London, W5 2NR, UK. Your cancellation notice must quote your name, address, the name or a description of the Products and your order reference number.
12.2. Cancellation after receiving a Confirmation NoticeGoods
12.2.1. You are entitled to cancel your Contract at any time prior to receiving the goods so long as you provide us with written notice or, if you have received the goods, so long as you provide us with written notice at anytime within 7 working days starting from the day after you received the goods. You can send your cancellation notice by email to firstname.lastname@example.org or a letter to 22 - 24 Central Chambers, London, W5 2NR, UK. Your cancellation notice must quote your name, address, the name or a description of the goods and your order reference number.
12.2.2. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us at your own cost and risk. We reserve the right, at our option, to collect the goods from you. If we wish to collect the goods we will notify you of when they will be collected by us. We will charge you for the cost of collecting the goods and will deduct this from any sum owed by us to you.
12.2.3. The goods must be returned to us in the same condition in which you received them until such time as the goods are either collected by us or delivered back to us by you. You must return the goods with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.Services (not including ongoing services)
12.2.4. You are entitled to cancel your Contract and obtain a refund within 7 working days from the date of the Confirmation Notice. This also applies, where appropriate and subject to clause
12.4, to items that are available to be downloaded. However, you will no longer have a right to cancel if, with your agreement, we have already commenced providing the services to you before this period of time expires. We shall be deemed to have already commenced providing the services, in circumstances where you have already downloaded products or materials that we made available to you, from the Website.
12.2.5. You may notify us of your wish to cancel by sending us a cancellation notice to email@example.com or a letter to 22 - 24 Central Chambers, London, W5 2NR, UK. Your cancellation notice must quote your name, address, the name or a description of the Products and your order reference number.
12.2.6. Upon receiving your cancellation notice, we will contact you providing any necessary instructions which you will be required to follow.
12.2.7. So long as you have complied with your obligations under this clause, we will refund the purchase price but not the cost of delivery (if any) to you by crediting the payment card you used to purchase the Products.
12.3. Cancelling ongoing services
12.3.1. Some of the services that we provide are available for either a fixed period or unspecified period of time (such as Discount card). In this clause these services are referred to respectively as 'Ongoing Fixed Term Services' and 'Ongoing Non-Fixed Term Services'.
12.3.2. You are entitled to cancel your Contract for any Recurrent Fixed Term Services and Recurrent Non-Fixed Term Services that you have purchased and obtain a refund within 7 working days from the date of the Confirmation Notice. This also applies, where appropriate, and subject to clause 12.4, to items that are available to be downloaded.
12.3.3. You will no longer have a right to cancel any Ongoing Fixed Term Services if, with your agreement, we have already commenced providing this service to you within 7 working days from the date of the Confirmation Notice. We shall be deemed to have already commenced providing the Ongoing Fixed Term Services, in circumstances where you have already downloaded products or materials that we made available to you from the Website.
12.3.4. In these circumstances you cannot cancel the Contract for any Ongoing Fixed Term Services until the end of the Minimum Duration (even where the Minimum Duration is more than one year) and you will not be entitled to a refund.
12.3.5. Although you may notify us of your intention to cancel an Ongoing Fixed Term Services at any time, such notice will only take effect after the Minimum Duration has elapsed. You may notify us of your wish to cancel the Ongoing Fixed Term Services by sending us a cancellation notice to firstname.lastname@example.org or a letter to 22 - 24 Central Chambers, London, W5 2NR, UK. Your cancellation notice must quote your name, address, the name or a description of the Products and your order reference number.
12.3.6. You will still have a right to cancel any Ongoing Non-Fixed Term Services if we have already commenced providing this service to you within 7 working days from the date of the Confirmation Notice, upon giving us 30 weeks' advance notice in writing. You may notify us of your wish to cancel by sending us a cancellation notice to email@example.com or a letter to 22 - 24 Central Chambers, London, W5 2NR, UK. Your cancellation notice must quote your name, address, the name or a description of the Products and your order reference number.
12.4. Exception to the right to cancelYou will not have a right to cancel an order for goods and services purchased from us, in the following situations:
12.4.1. If you expressly agree to us beginning to provide any services before the end of the cancellation period.
12.4.2. The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food)
12.4.3. The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us
12.4.4. The Contract is for the sale of financial services
12.4.5. The Contract is for the sale of goods and services by offers
12.4.6. The Contract is for the supply of:
220.127.116.11. Audio or video recordings and computer software if unsealed by you
18.104.22.168. Audio or video recordings and software and other items that you have successfully downloaded where a free trial or demonstration was available to you to view or download
12.5. Damaged, faulty or wrongly delivered goods
12.5.1. We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost of returning the goods to us, provided that you return the goods to us and the conditions set out in paragraph
12.5.2. are met. We must also be reasonably satisfied that:
22.214.171.124. the goods have not suffered damage after delivery;
126.96.36.199. the goods have not been misused or used other than in accordance with the instructions; and
188.8.131.52. the problem is not due to normal wear and tear.
12.5.2. In addition to the requirements of paragraph
12.5.1, the goods in terms of which you are claiming a refund must have:
184.108.40.206. been damaged on delivery;
220.127.116.11. been delivered in a faulty condition;
18.104.22.168. developed a fault within 7 days of delivery; or
22.214.171.124. have been delivered to you in error.
12.5.3. Alternatively, at your option, instead of a refund (and subject to returning the goods as required under this clause) we will replace the goods with the same or a similar product (subject to stock availability).
12.5.4. Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return the goods to us.
12.5.5. In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 30 working days after receipt or the fault developing by email to firstname.lastname@example.org or a letter to 22 - 24 Central Chambers, London, W5 2NR, UK. Your cancellation notice must quote your name, address, the name or a description of the goods, a brief description of the problem, fault or damage and your order reference number.
12.5.6. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us. We reserve the right, at our option, to collect the goods from you. If we wish to collect the goods we will notify you of when they will be collected by us.
12.6. Incorrectly priced or described Products
12.6.1. Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Products to you.
12.6.2. If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
12.6.3. If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.
12.6.4. If your order is cancelled or rejected and you have already paid for the Products, you will receive a full refund in accordance with clause 12.8
12.7. Delivery by instalments
12.7.1. The Products may be sent to you in instalments. You may cancel the outstanding part of your order and receive a refund, if you have already paid, of the purchase price of the outstanding Products in accordance with clause
12.812.8. Processing refundsGoods
12.8.1. We will examine any returned goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the electronic payment account you used to purchase the goods.
12.8.2. We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the goods in the event that the goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the goods have not been returned with its original packaging. This does not affect your statutory rights.Services
12.8.3. We will notify you about your refund via email within a reasonable period of time. We will usually process a refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to a refund. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the services.
13.1. If you have a comment, concern or complaint about any Products you have purchased from us, please contact us via email at email@example.com or by post at 22 - 24 Central Chambers, London, W5 2NR, UK.
14. INTELLECTUAL PROPERTY
14.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Vivasan UK Ltd. moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
14.2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
14.3. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14.4. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
14.5. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
14.6. Products sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.