1 - General
1.1 - These Terms & Conditions apply to the use of the Vivaform website, printed catalogues and other publications and the sale of all goods supplied and delivered by Vivaform. By ordering from Vivaform you accept the terms and conditions contained here at the date of sale. You should read and print a copy and ensure you understand all terms. Top
1.2 - You must be eighteen years old or older to use the vivaform site and/or place orders. If you are under eighteen, you may only use the vivaform site and/or place orders with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not this.
2 - Identity of the seller
These terms of sale apply to all goods and services (hereafter: goods) supplied by DOMOTI SAS, trading as: Vivaform. The name and address details are set out in the Additional Terms. Top
3 - The Goods, Purchase & Delivery
3.1 - The description of the goods, the quantity, the quality, the price, VAT, insurance and delivery costs are set out in the web site, the catalogue, order page or order form. Illustrations, descriptions and other information as to particular goods , with the exception of prices, VAT, insurance and delivery costs, are approximate and for guidance only. Vivaform may in its sole discretion vary the nature of the goods from that advertised without notice to you, so long as these variations are not material alterations. Top
3.2 - Acceptance of your order and the completion of the contract between you and Vivaform will take place on dispatch to you of the goods ordered, unless Vivaform notifies you that your order is not accepted or you have cancelled it. Vivaform reserves the right to refuse any order at its discretion.
3.3 - You have the right to cancel up to 14 days after the day you receive the ordered goods. If you would like to make use of this right, please notify the customer services department by e-mail or phone, or by using the included return sticker, quoting your customer account number. Please send back the goods in its original package to Vivaform, to the address mentioned in the Additional Terms and Vivaform will return your payment including packing and shipping costs. It is the customer's responsibility to bear the cost of return postage and packing.
To exercise this right you can use the form on the reverse of your invoice or copy the following withdrawl form:
Four Seasons House - Enterprise Way
Pinchbeck - Hounslow
Lincolnshire - TW5 9RT
- I hereby notify the withdrawal from the contract related to the sale of the following products/services:
- Ordered on the(*)/Delivered on the(*):
- Name of the client (consumer):
- Address of the client:
- Signature of the client (only if this form is submitted on paper):
(*) Please cross out if not applicable
3.4 - Vivaform shall endeavor to supply all goods ordered. Goods and services are subject to availability and may be withdrawn at any time, including after you have placed your order. If your order or part of your order cannot be fulfilled, Vivaform will notify you. When an item or order becomes (partly) unavailable Vivaform may supply a substitute item of equal or better quality, or deliver your order in part. If you do not wish to keep the substitute item, please e-mail or call Vivaform's Customer Services department within 14 days from receipt of the goods. Vivaform will then arrange for a credit, or refund, as appropriate. If Vivaform requires the product to be returned, the Customer Services department will arrange for collection. The specification of goods, gifts and prizes are subject to change, modification and/or improvement. In the event that the specification of an item is changed Vivaform will endeavor to ensure that the alternative is of superior value and quality.
3.5 - Should your ordered goods arrive damaged, faulty or incorrect, please e-mail or call our customer services department within 14 working days from receipt of goods, who will then arrange for a credit, refund or replacement (please see the Additional Terms for contact data). If Vivaform require goods to be returned, you will be asked to return the parcel including proof of postage from Royal Mail, to enable us to refund the return postage cost.
3.6 - When you place an order to purchase goods from Vivaform it constitutes an offer from you. Vivaform is considered to have accepted these offers if Vivaform sends some or all of goods you have ordered or if an order confirmation is sent by post or e-mail. That acceptance will be deemed to be complete and communicated to you at the time Vivaform sends such confirmation email, letter or shipment. Acknowledgement of an internet order does not constitute acceptance.
3.7 - Vivaform shall use its best endeavors to ensure that a customer's order is dispatched at the time requested by that customer. Where Vivaform is unable to dispatch an order at the time requested by a customer, that order shall be dispatched as close to the time requested as is reasonably possible, whether this is earlier or later than the time requested.
3.8 - Vivaform will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when Vivaform delivers. Vivaform cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions.
3.9 - Delivery is only available in the country where ordered. Delivery is not possible to PO Boxes or to some (remote) parts of certain countries.
4 - Prices & Payment
4.1 - Prices quoted are in local currency and are accurate at the time published but may be subject to change.
4.2 - The placing of an order by a customer shall constitute an offer to Vivaform to purchase goods at the current price advertised by Vivaform. vivaform has the right to (partial) payment in advance or can refuse an order if previous deliveries have not been paid in full.
4.3 - All prices are exclusive of shipping and packing and inclusive of VAT at the current rate where appropriate Vivaform guarantees that there will be no increase to the prices mentioned in its online shop, specific offers or catalogue on orders received during the validity period of the website, specific offer or catalogue. Prices in the catalogues, special offers or online shop may vary. In the event that VAT rates increase during the currency of a catalogue or price list, Vivaform reserves the right to pass on any such additional amounts to the customer.
4.4 - If, in error, goods have been priced inaccurately, either at unit level or through the activation of a promotion, Vivaform will not be liable to supply that item(s) to you at the inaccurate price. In such circumstances, Vivaform may notify you of the correct price and ask you to confirm or decline your order for the item(s) in question.
4.5 - Vivaform accepts payment for goods in a number of ways specified in the Additional Terms.
4.6 - By signing the order form in case of payment through direct debit, or when you order through the Vivaform website, you authorize:
- Vivaform to send a one-time direct debit instruction to your bank in order to collect the amount due 5 days after invoice date, and
- your bank to debit your account for the amount due, with Vivaform as the recipient. You can instruct your bank to reverse the debit within eight weeks of the transfer. Contact your bank for the applicable conditions.
4.7 - Where a customer does not enclose proper payment with his order (whether because a cheque or credit card mandate is refused by the issuing bank or for any other reason), Vivaform shall be entitled to make a charge for the administrative costs in requesting payment. Vivaform maintains the right to cancel the contract or suspend any further deliveries to you. This does not affect any other rights Vivaform may have.
4.8 - Vivaform has the right to perform credit checks at will.
4.9 - If you do not fully pay after being summoned, the amount due for extrajudicial collection costs can be increased with extrajudicial collection costs of 15% on an outstanding principal amount up to £2500, -; 10% on an outstanding principal amount from £2500.01 to £5000, -; and with a minimum amount of £40,-.
5 - Warranty
5.1 - Vivaform provides one year warranty on its delivered items. Vivaform further guarantees the quality and / or usefulness of the delivered goods articles, according to the specifications provided. The date on the invoice is the effective date of the warranty. If a warranty claim is considered justified by Vivaform, and vivaform request you to return the item(s), return costs will be borne by Vivaform. Any costs resulting from unsubstantiated claims will be borne by the consumer.
5.2 - No claims can be made under this warranty:
- in case of damages resulting from intentional or negligent treatment;
- if misused or bad maintenance
- normal wear and tear ;
- if damaged resulting from failure to observe the instructions for use.
The warranty is subject to all rights the consumer has on the basis of the law. Top
6 - Risk and Ownership
6.1 - Risk of damage to, or loss of the goods, passes to you at the time of delivery to you (or the agreed delivery address), or, if you fail to take delivery at the agreed time, when Vivaform tried to deliver. Vivaform will not be liable for any loss or damage to goods once they have been delivered in accordance with your delivery instructions. Top
6.2 - You will own the goods once they have been successfully dispatched and when Vivaform has received cleared payment in full.
7 - Liability
Subject to the application of any overriding local law, Vivaform's liability for any and all purposes including loss consequential to a breach of these terms and conditions or if any good supplied is in any way unsatisfactory shall be limited to a maximum of: Top
a. The value paid by the customer to Vivaform; and
b. The cost of returning any unsatisfactory goods to Vivaform. Vivaform shall not be liable to replace any goods or refund or credit any sums paid by the customer except in accordance with these terms and conditions.
8 - Website and catalogue disclaimer
8.1 - Changes to goods may be made at any time. Vivaform will use reasonable commercial endeavors to keep the web site up to date but the information and specifications given are for your information only and are subject to change without notice. Pictures on the web site are generally accurate but minor variations in color, shape and size must be expected. Top
8.2 - The content of the web site is directed solely at those who access the site from addresses within the delivery area. Vivaform assumes no responsibility for the contents of any other linked web sites.
8.3 - If advice or information available on the web site is considered to require clarification or amplification we recommend you to request further clarification from our customer service department. Vivaform is not liable for any loss, damage or injury sustained that might have arisen as a result of following this help, advice or information.
10 - Intellectual Property Rights
10.1 - The information and advice found in this web site or in any other publication of Vivaform is provided solely for your personal use and must be viewed responsibly as no more than accumulated best practices. Top
10.2 - All of the written, photographic and design content of the web site, the catalogues and any other publication along with the selection and arrangement of it and all software compilations are Vivaform's copyrighted property or that of the people who have granted to Vivaform the right to use it and is protected as such. All rights reserved.
10.3 - No part of this web site may be reproduced, mechanically, electronically, including photocopying, or by any means whatsoever without prior written permission of Vivaform or that of the copyright holder.
10.4 - All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorized use of a trade mark is unlawful. You will not, and you will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. If you become aware of any such distribution or commercial exploitation, you agree to notify Vivaform immediately.
10.5 - You acknowledge that by posting materials on the Vivaform site you grant to Vivaform and our licensors and assigns an irrevocable, perpetual, royalty free, worldwide license to use the materials both within Vivaform site and in any other manner. The license extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
11 - General
11.1 - Unless stated otherwise in the Additional Terms, these terms and your use of this site are governed by and construed in accordance with the laws of the Netherlands and any disputes will be decided only by the court in Amsterdam. Top
11.2 - If either Vivaform or you fail to enforce a right under these terms, that failure will not stop Vivaform or you from enforcing the other rights, or the same type of right on a later occasion.
11.3 - To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
11.4 - Vivaform will not be liable to you or in breach of the contract for delay or failure to perform due to a cause beyond its reasonable control, or its suppliers, including but not limited to acts of god, civil commotion, industrial dispute, riots, flood and legislation.
11.5 - If you are a business user, you agree to indemnify Vivaform, and/or any of its affiliates and its officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the Vivaform site.
12 - Additional Terms
12.1 - These Additional Terms apply to all goods supplied by DOMOTI SAS, trading as: Vivaform , in the United Kingdom. DOMOTI SAS is registered office is at 16 Avenue Industrielle, 520 Marquette Lez Lille, France. Our registered VAT number is UK 117 281 037.
12.2 - Customer service facilities in the United Kingdom are provided by DOMOTI SAS, whose registered office is at Four Seasons house, Enterprise Way Pinchback Spalding Lincolnshire PE11 3YR The address to use for any goods to be returned is:
B2C Europe (UK)
216/217 Bedford Avenue
Slough Trading Estate
Please send any complaints relating to your order to Vivaform by email at: firstname.lastname@example.org or use the Customer Query telephone number which is 0844 481 1009. The line is open from 10am to 7pm Monday – Friday.
12.3 - Vivaform accepts payment for goods in a number of ways:
- Advanced Wire Transfer: please pay the amount to the account of Vivaform at account number GB70MIDL40161122344106
- Cheques: Include with your order, a completed and signed cheque made payable to Vivaform. Cheques will be banked upon receipt
- Credit cards: Vivaform accepts visa, Mastercard, Maestro card and Debit cards. Please enter your card number, expiry date and the 3 digit security number, on the reverse of your Credit/Debit card, and signature on your order form. Your card will not be charged until the day of dispatch
12.4 - If you are a consumer, you have legal rights in relation to goods that are faulty or not as described. These legal rights are not affected by the warranty or returns policy in these terms. In addition the liability limitations at Article 7 above do not apply to you. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12.5 - If you are a consumer, please note that these terms are governed by English law. This means a contract for the purchase of goods through our site or otherwise subject to these conditions 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.
Objective of the use
Your personal data are included in the customer database of Vivaform and Ideas Comfort. The controller of this database is DOMOTI SAS of 16 Avenue Industrielle, 59520 Marquette Lez Lille, France. Data we collect may comprise information you give us (by filling in forms or by corresponding with us including your name, address, e-mail address and phone number, financial information); information we automatically collect about you from visits to our site ; and information we receive from other sources (business partners, credit reference agencies or advertising networks). Your data will be used to assess, enter and perform the supply agreement and to manage the customer relationship , including the implementation of marketing activities by vivaform, members of our group or carefully chosen third parties selected by vivaform, the recovery of payments due, anti-fraud measures and compliance with legal obligations and the law.
The data processing of Idea Comfort is registered with the Dutch Data Protection Authority (CBP) in The Hague ( Netherlands). The CBP will ensure that all personal data supplied by you will be handled confidentially now and in the future and in accordance with national and European regulations. For more information about the protection of personal data see https://www.cbpweb.nl.
You have the right to ask us not to process your personal data for marketing purposes . If you object to the provision of your address to third parties , no longer wish to receive commercial offers from Vivaform, or if you need access to your personal data, you can contact Customer Services of vivaform via address PO Box 66 - Hounslow - TW5 9RT.
Online secure environment
vivaform take appropriate technical and organisational security measures in order to prevent loss, destruction, use, change or distribution of your data by unauthorised parties.
Your e-mail address
Your email address will only be used commercially if you have provided your consent, or if it is provided to us combined with an order. Your email address will never be disclosed to third parties unless you have consented to this. You can unsubscribe from commercial messages through the link that is provided in all commercial e-mail messages from vivaform.
Competitions and Promotions
Your personal data are required for the correct handling of online competitions, e.g. the contacting of the winners. Specific conditions and regulations may vary per activity and are always referred to in the event documentation.
Insight in, change of your data
You can request vivaform insight in your stored personal data. You can also request vivaform via the Customer Services Department to improve, supplement, remove or protect your personal data if they are incorrect, incomplete or irrelevant or are otherwise processed in breach of a statutory provision. However, deletion is only possible if we do not (no longer) need these data for the correct processing of your order and aftercare.
With each and every visit to our website our browser places cookies on your computer. Cookies are small files that are left on your hard disk by internet pages. vivaform uses these to recognise you in case of a subsequent visit and remember your login name and/or language selection, if you wish so.
vivaform uses the following cookies:
Remember User Login: we use a cookie to remember your user name and/or password so it is more easy to login. The cookie is valid for one year (unless the cookie is deleted).
Remember Shopping Basket: if you put products in your online shopping cart but you do not buy the products or when you accidently close your browser (window) this cookie remembers the products you have in your shopping cart.
Page Tracking: We use this cookie to collect information about the way visitors use our website. With this information we can improve our website. The information we collect is anonymous. We use Google Analytics for statistical information.
User Tracking: This cookie is used for checking access to secure user data. This makes your shopping session more safe.
How to delete cookies
Delete cookies in Internet Explorer 7 & 8
1. Click on "Extra"
2. Click on "Delete" on the "General" tab under "Browser history".
3. You have the following options:
• In Internet Explorer 7: Click on "Delete cookies", then on "Yes" followed by "Close".
• In Internet Explorer 8: Tick the "Cookies" field and then click on "Delete".
4. Click on "OK".
Delete cookies in Firefox
1. Go to "Extra" > "Options" > "Privacy" tab.
2. Click on "Delete recent history".
3. Under "Details" you can indicate what exactly you wish to delete. Tick, in any case, the "Cookies" field.
Delete cookies in Chrome
1. Click on the key at the top right.
2. Click on "Settings".
3. Select the "Advanced options" tab.
4. Under "Privacy" click on the "Delete browser data" button.
5. Make, in any case, sure that the "Delete cookies and other site data" field is ticked.
6. Click on "Delete browser data"
Delete cookies in Safari:
1. Open safari.This is the blue icon in the form of a compass..
2. At the top select "Safari" and then click on "Preferences".
3. Click on "Security" at the top of the new window (with the lock).
4. Click on "Show cookies".
5. Click on "Delete all" and then again on "Delete all".
Conditions for writing and publishing product opinions
All opinions posted on www.vivaform.co.uk are the responsibility of their author. By posting an opinion, the author fully understands that their posting will be subjected to a spell-check and moderation by Vivaform before being published on the website. www.vivaform.co.uk withholds the right to publish or not, in whole or in part, any opinion submitted. Opinions and comments will only be accepted for products themselves. Although it is not the responsibility of www.vivaform.co.uk to judge the relevance of opinions, any comment clearly of an advertising nature, that appears to come from a supplier or one of their competitors, will not be published. Any text that refers to the price (other than in an opinion on the quality-price ratio), availability or delivery of a product will be refused. Likewise, it is strictly forbidden to include contact details, whether they be postal, telephone, or email, in an opinion. Relevant URLs can be included in messages. However, www.vivaform.co.uk reserves the right to refuse certain links. Any comments that are legally reprehensible or that do not comply with ethical Internet use, will not be accepted, in particular messages that contain rude language, and injurious or defamatory comments. Opinions are by nature subjective and therefore risk being criticised by other readers. However, personal attacks will not be tolerated and any reference made to earlier comments must remain strictly factual. Lastly, www.vivaform.co.uk reserves the right to decide on individual cases not listed in these conditions. Top