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Terms and Conditions

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VIVDERMA UK LIMITED - OUR TERMS OF SALE 

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions upon which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. We recommend that you print a copy of these terms for your reference.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

 

2.1 Who we are. We are Vivderma UK Limited a company registered in England and Wales. Our company registration number is 7417286 and our registered office is at Unit 8, Pennine Business Park, Longbow Close, Huddersfield, HD2 1GQ, England. Our registered VAT number is GB 131 640 450. 

2.2 How to contact us. You can contact us by telephoning our customer service team by email to info@vivderma.com, or by writing to the address in 2.1 above.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

 

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the products you have ordered. This might be because a product you have ordered is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will give you an order number when we accept your order. It will help us if you can tell us the order number wherever possible whenever you contact us about your order.

3.4 We are happy to accept orders from overseas. However, please note the following important conditions;

(a) these terms are subject to English law and only courts within the United Kingdom can deal with any dispute between you and us. Please refer to clause 15.6 in this regard;

(b)   we are not  responsible for any national or local laws of other countries which may impact upon or restrict the nature and type of products that we sell to you;

(c) when we deliver products outside the United Kingdom, they may be subject to taxes, duties or levies which we do not know about. You are responsible for any such additional charges that may arise; and

(d) the delivery time may be affected by laws of other countries or customs in other countries which we are not responsible for.

 

4. OUR PRODUCTS 

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that an electronic device's display of the colours accurately reflects the colour of the products. The products you order may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the products may vary from that shown on images on our website.

 

5. OUR RIGHTS TO MAKE CHANGES

5.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements in relation to the constituent components which make up our products but if we do so this will not affect the quality nor the capabilities of the products that we supply.

 

6. PROVIDING THE PRODUCTS

6.1 Delivery costs. The costs of delivery will be clearly shown to you when you are placing an order and before you decide to proceed. The following delivery charges apply;

(a)        For delivery within the United Kingdom, the delivery charge will be £5.00 but will be free of charge for any order which exceeds £50.00.

(b)       For delivery elsewhere within the European Union, the delivery charge will be £16.00 but will be free of charge for any order which exceeds £150.00.

(c)        For delivery outside the European Union, the delivery charge will be £25.00 but will be free of charge for any order which exceeds £200.00.

 

6.2 When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. We process orders received only on a Monday to Friday (and excluding English bank holidays) (which we call “working days”) and usually aim to deliver orders to addresses within the United Kingdom (but excluding the Channel Islands, Scottish Highlands and islands, and Northern Ireland) within 3 – 5 working days, within the rest of the European Union within 3 – 10 working days, and elsewhere in the world within 10 – 30 days.  

6.3 Delivery outside the United Kingdom. If we are delivering products outside the United Kingdom we are not responsible either for any delays that may be occasioned as a result of any customs or the law relating to any country in which you are resident, where you have asked the products to be delivered to, or through which the products may pass during their transit. In addition, it is your responsibility to pay any taxes, surcharges, levies or other financial impositions which may apply in the country to which the products are delivered or through which the products may pass during their transit.

6.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. 

6.5 If you are not at home when the product is delivered. If no one is available at the address given to take delivery and the products cannot be posted through the letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

6.5  If you do not re-arrange delivery. If we have been unable to deliver your products in circumstances set out in clause 6.5 above, and you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

 

7. OWNERSHIP AND RISK IN PRODUCTS

7.1 When you become responsible for the products. The products will be your responsibility from the time we deliver the product to the address you gave us. 

7.2 When you own products. You own a product once we have received payment in full.

 

8. YOUR RIGHTS TO END THE CONTRACT 

8.1 When you can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) if we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed (see clause 12.3);

(b) there is a risk that supply of the products may be significantly delayed because of events outside our control (see clause 6.4); 

(c) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For some products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below in these terms. 

8.4 When you don't have the right to change your mind. As most of our products are sealed for health protection or hygiene purposes, then you do not have a right to change your mind once the products have been unsealed after you receive them.

8.5 How long do you have to change your mind? If the products have not been unsealed by you or anyone else then you have 14 days after the day you (or someone you nominate) receives the products, unless the products you have ordered are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery in which to change your mind about the products.

 

9. HOW TO END THE CONTRACT WITH US

9.1 Tell us you want to end the contract. If you want to end the contract because clauses 8.3 and 8.5 apply, please let us know by doing one of the following:

(a) Phone. Call customer services on +44 (0) 1484 530 905  Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) Email. Email us at info@vivderma.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(c) By post. Simply write to us at Unit 8, Pennine Business Park, Longbow Close, Huddersfield, HD2 1GQ, United Kingdom. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please see clause 9.3 when we will be responsible for the cost of return. You must post them back to us at our address in clause 2.1 or if you are in the United Kingdom and the products  are not suitable for posting allow us to collect them from you. Please call customer services on +44 (0) 1484 530 905 or email us at info@vivderma.com to arrange the return. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.

9.3 When we will pay the costs of return. We will pay the costs of return only:

(a) if the products are faulty or misdescribed; or

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. 

Please note that in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4 What we charge for collection. If you are responsible for the costs of return and you live in the United Kingdom and we are collecting the products from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.

9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs where you are entitled to these, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 Deductions from refunds. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If the products have been unsealed by you or someone else then the full cost of the products will be deducted. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 

9.7 When your refund will be made.

(a) If you are returning the goods for reasons in clause 9.3 your refund will be made within 14 days from the day on which we receive the product back from you;

(b) If you have changed your mind and are entitled to cancel the contract then the refund will be made within 14 days from the day on which we receive the product back from you or,  if earlier, the day on which you provide us with evidence that you have sent the product back to us..

 

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;

(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from the place where we have told you that they have been left because we were unable to make delivery when we attended at the delivery address to do so.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract

 

11. IF THERE IS A PROBLEM WITH THE PRODUCTS

11.1 How to tell us about problems. If you have any questions or complaints about the products you receive, please contact us. You can telephone our customer service team at +44 (0) 1484 530 905 or write to us at the address given in clause 2.1 or email us at info@vivderma.com.

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. If you live in the United Kingdom and the products are not suitable for posting then you must allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44 (0) 1484 530 905  or email us at info@vivderma.com for a return label or to arrange collection.

 

12. PRICE AND PAYMENT

12.1 Where to find the price for the product. The price of the products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between the date that you make your order and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4 When you must pay and how you must pay. We accept payment with VISA Debit/Delta, VISA Credit, VISA Electron, MASTERCARD Debit, MASTERCARD Credit, and Maestro. American Express will be coming soon. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. All details entered on our site use a secure page and are transferred using SSL (Secure Sockets Layer) for additional protection.

12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. 

12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

 

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

13.2 We are not responsible for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 How we will use your personal information. We will use the personal information you provide to us:

(a) to supply the products to you;

(b) to process your payment for the products; and

(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

 

15. OTHER IMPORTANT TERMS

15.1 We may transfer the contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under the contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of the contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live outside the United Kingdom, you can bring proceedings in either the English, Scottish or Northern Irish courts.