Distance Selling Contract
I. TERMS OF SALE
These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the products (“Product or Products”) listed on our website vivenselondon.com (“our site”) to you.
Please read these Terms of Sale carefully before ordering any Products from our site. These Terms of Sale tell you who we are, how we will provide Products to you, how you and we may end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any Product through our site.
STANDARD PRODUCT: These are the products whose features have not been changed in line with the wishes of the buyer and which do not require installation or which have not been installed yet, although they require installation.
CUSTOMIZED PRODUCT: These are products that are specially produced, installed, or assembled (partly) according to the buyer's preferences. For example, armchairs with altered fabric colour and type, furniture with modified wood material properties, products that require installation and assembly, and items produced in special sizes such as beds, pillows, and quilts. These personalised products may not be suitable for return due to health and hygiene reasons. Customized products also include items that have been already installed. Additionally, products whose protective elements such as packaging, tape, seal, or package have been opened after delivery are also classified as customized products.
1. INFORMATION ABOUT US
1.1 Who we are: We are VIVENSE (UK) LIMITED a company registered in England and Wales. Our company registration number is 11637951 and our registered office is at Units 6+7, 180 Borough High Street London, SE1 1LB, United Kingdom. Our registered VAT number is GB 308159309.
1.2 How to contact us: You can contact us via Help Centre and 180 Borough High Street London, SE1 1LB, United Kingdom.
1.3 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.
1.4 “Writing” includes emails: When we use the words “writing” or “written” in these terms, this includes emails.
2. ORDERING PRODUCTS
2.1 You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.3 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
2.4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
2.5 We only sell to the UK subject to clause of 7.2. Our UK brochure is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK. We deliver to anywhere in the UK except Guernsey Island, Jersey Island, Island of Man and Isle of Wight.
2.6 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
2.7 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
3.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
3.2 If we are unable to supply you with a Product, for example, because the manufacturer is out of stock or because of an error in the price (see clauses 5.1 and 5.2 below) we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.
4. IMAGES AND SIZING OF PRODUCTS
4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the physical finished product will be identical to the virtual representation. The Products that are delivered to you may vary slightly from those images. These differences like this are underinclusive of guarantee clause.
4.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
4.3 We have the right to make minor changes to the products. We may change the product:
to reflect changes in relevant laws and regulatory requirements for example, if there is a change to UK or EU safety standards relevant to our products such that we need to alter materials of or finishes to said products; and
to implement minor technical adjustments and improvements.
5. PRICES OF PRODUCTS
5.1 The price of any Product will be as quoted on our site, except in cases of obvious error.
5.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.
5.3 The price of a Product includes VAT (where it applies) but excludes any delivery costs, which where applicable will be added to the price of the Products and set out as part of the total amount due during the order process. To see the Delivery Fees, visit Help Centre – Deliveries and Services.
5.4 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date 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.
5.5 Due to the large number of Products on our site, it is always possible that some of the Products listed on our site may be incorrectly priced, despite our reasonable efforts. As an integral part of our order-handling procedure, we undertake regular price verification. In the event that a Product's correct price is lower than our stated price, we will charge you the lesser amount when dispatching the Product to you. Conversely, if the Product's correct price exceeds the price stated on our site, we retain the right, at our discretion, to either reach out to you for further instructions prior to dispatching the Product, or decline your order and provide you with a notification of the rejection.
5.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
6.1 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.
6.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
6.3 We are not responsible for any processing or administrative charges that may be levied by your bank or card issuer as a result of payments made to us. It is your responsibility to contact your bank or card issuer to check any conditions of payment.
7.1 We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates.
7.2 Please note that we only deliver to addresses in the United Kingdom, excluding Northern Ireland, Isle of Man, Channel Islands and the Republic of Ireland.
7.3 Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners.
7.4 Your delivery will be completed when we deliver the Products to the address you gave us. Our delivery process is considered complete once we successfully deliver the Products to the address provided by you. In the event that no one is available to receive the delivery at your specified address, our carrier company will contact you directly to coordinate the delivery if no one is available at the initial attempt. If you have not accepted delivery after three attempts by us, we may treat the contract as having been cancelled by you in accordance with our policy. In such cases, we reserve the right to withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever occurs first.
7.5 You can review the current status of your order at any time by logging into the My Orders section of your account on our site. If you have trouble finding out the status of your order or tracking its progress, please contact Customer Services using the contact information below at clause 23.
7.6 The costs of delivery will be as told to you during the order process.
7.7 Our liability for damage to your property. If we are providing services on your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
7.8 Although our drivers are pleased to deliver your product and place it in an unobstructed room of your choosing, we cannot accept liability for any resulting damage. It is your responsibility to safeguard any floor coverings in order to prevent any potential harm while the products are being positioned within the premises.
8. RISK AND OWNERSHIP
8.1 Ownership of the Products will pass to you on delivery, provided that we have received full payment of all sums due in respect of the Products, including delivery charges.
8.2 The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.
9. CANCELLATION, RETURNS AND REFUND POLICY
9.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
9.2 You may cancel an order at any point prior to delivery. You have the option to cancel your order without any charges. If it is a customized product; You can cancel your order free of charge for up to 3 days. For customized products, you do not have the right to cancel because you change your mind after 3 days.
9.3 Since mattresses, pillows, duvets, and mattress pads are personalised products due to their structure, they cannot be exchanged or returned due to hygienic reasons. For products in other categories, you can return them within 14 days after delivery.
9.4 The cancellation period will expire at the same time with the actual date for the delivery made to you or a third party other than the carrier and indicated by your acquires, physical possession of the Products. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire at the same time with the actual date of the delivery made to you or a third party other than the carrier and indicated by your acquires, physical possession of the Products for each product separately.
9.5 To exercise your right to cancel, please create a request through our Help Centre.
9.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
9.7 Upon cancelling your contract, we will reimburse all received payments, including delivery costs, excluding any additional expenses incurred for non-standard delivery options. You have the option to cancel your order without any charges within a period of 3 days from the date of purchase. If it is a customized product, there is no right to cancel after the initial 3-day period.
- If you have returned the Products to us, we will process the reimbursement within 30 working days from the day we receive the returned Products.
- If you provide evidence that you have returned the Products, we will process the reimbursement within 30 working days from the day you provide such evidence.
- If no goods were supplied, and you have informed us about your decision to cancel the contract, we will process the reimbursement within 30 working days from the day we receive the notification.
9.8 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9.9 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
9.10 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
Faulty or Mis-described
9.11 If you are returning the Products to us because they are faulty or mis-described and you are returning them:
We guarantee to provide parts or product support for up to 2 years in case you encounter any issues with the product. Within this 2-year period, if it is determined that your goods cannot be repaired or replaced, then you are entitled to a full refund, as long as the cause of the damage is not customer-induced.
We will start by investigating the image or video of the damaged product to understand what caused the damage. If it turns out that the customer is responsible for the damage, there will be a predetermined charge for replacing the damaged part or product.
9.12 If you are returning the Products to us because you changed your mind:
Within 14 days following the delivery, returns of standard products for change of mind reasons are accepted. The product must be packaged in its original package without any damage and in a condition suitable for resale. Otherwise, the return request will not be accepted.
For customized products, there is no right to return due to a change of mind, as the product has been tailor-made to meet your specific needs and is not suitable for resale.
9.13 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 10 or any of the other general Terms of Sale set out in this document.
9.14 We will refund you through the payment method used by you to pay except the cases that the refund through the payment method used is not available. In cases that the payment method is not available for refund, we may contact and request your Bank Information (Account Holder, Account Number, Bank Name, Sort Code) to process your refund.
9.15 We will refund an item within 30 working days after receiving the order back to our warehouse.
9.16 If you change your mind and exercise your right to cancel under clause 9.2 above after delivery, then the Products must be returned to us. In this case, this may be done by either:
For all the products, without exception, the product has to be repackaged to be returnable. Products without repackaging will not be accepted by our delivery partners.
Products mostly collected by our same delivery partner which made the delivery of the product. However, another delivery partner of ours can collect the product, if the delivery partner is going to be different, you will be informed.
If your product was delivered by Furdeco, the collection will be made from your address. Our delivery partner will contact you to arrange a collection date. For other courier companies, our customer service team at Vivense London will contact you for the collection of the return item.
Under the circumstances that explained in this clause (clause 9.11 part a-b) In change of mind return reason, the cost of delivery is the responsibility of the customer. The delivery fee will be calculated and communicated to you.
9.17 If you exercise your right to return the Products under clause 9.11, because the Products are faulty, were not delivered as described or you otherwise have a legal right to return the Products as a result of something we have done wrong after dispatch of the Products, the Products must be returned to us. Depending on the item, this may be done either by you arranging for the Products to be returned to us or by us arranging to collect the Products from your address, as described in clause 9.16. However, in this case, the return or collection will beat no cost to you.
9.18 Please contact Help Centre to arrange a return or collection of the Products.
9.19 You must take care when opening packaging that the Products were delivered in and carefully re-pack the Products in the original (or similar) packaging prior to returning the Products to us.
9.20 Installed products are excluded from the return process because it is within the scope of a customized product.
10.1 We ensure that 2 years guarantee in the UK except Guernsey Island, Jersey Island, Island of Man and Isle of Wight all of the products except the living, Mattress Pad/Cover, Mattress, Duvet, Home Textiles, Bedroom Textiles, and Bedding Sets categories. The guarantee takes effect at the time the Products are delivered to you.
10.2 You have statutory rights in relation to the Products and that those rights are not affected by the guarantee.
10.3 If you need make claims under the guarantee please contact us by emailing to this address with all your supportive documents eg. voucher of the Product, photos of the Product, written and detailed explanation of your request: Help Centre
10.4 You have the right to reimburse for the price paid for the Product (with exceptions to this contract), or if it is possible you have the right to demand the Product will be repaired, replaced or handled in any way.
10.5 Exceptions of Guarantee:
The Products that are wrong installed (against our installation clauses)
The Products that are misused against our conditions for using. Please see our conditions for using via this link
Slight differences with the physical finished product and virtual representation
11. SALES PROMOTIONS
11.1 From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Products from us.
11.2 The length of time any Promotion runs for, the conditions for qualifying for such Promotion and the Products which will be subject to such Promotion varies and it will be published with the promotion.
11.3 If you place an order for Products in relation to any Promotion, the Promotion-specific terms and conditions set out for the promotion and the general terms set out in this document will apply.
11.4 Price of the sales promotions is not refundable.
12.1 From time to time, we may run prize draws, competitions or other prize promotions ("Competitions") on our site.
12.2 The length of time the Competition runs for, the conditions for entry to the Competition and the prizes for winning or taking part in the Competition will be subject to our discretion and will be available for time to time on our website.
12.3 We will make the rules of any Competition we run available to you before you participate in the Competition.
12.4 Price of the prizes are not refundable.
13. VOUCHERS, GIFT VOUCHERS AND DISCOUNT CODES
13.1 Gift vouchers are not currently available for purchase, but vouchers may be offered or provided by Vivense London as prizes, through promotions, or in other circumstances.
13.2 The voucher may be:
emailed to the recipient; or
13.3 Unless otherwise stated, discount codes will not expire until the date stated with the campaign it is connected to.
13.4 The value of any voucher you use will be deducted from the total cost of your order. The voucher can only be redeemed once and you will not be able to use any unused balance on a future order. There can be a minimum spend required or a specific category or type of products that the voucher will be useful decided by Vivense London and stated at the same time voucher has been given.
13.5 Any costs incurred on the order (including delivery, return, and collection costs) will be calculated based on the full costs of the order, before the voucher or discount code is applied.
13.6 Vouchers and/or discount codes must not be posted on consumer forums and Vivense London may invalidate vouchers or discount codes posted in such a way.
13.7 It is up to the campaign or discount code provided, you may be able to use your voucher with campaigns and/or discount codes. It will be stated by Vivense London that they will be available to be combined with another campaign, voucher and/or discount code.
13.8 When you use a voucher and/or discount code you warrant to us that you are the duly authorised recipient of the voucher or discount code (as applicable) and that you are using it in accordance with these Terms of Sale, lawfully and in good faith. If we believe that a voucher and/or discount code is being used in breach of these Terms of Sale, unlawfully or in bad faith, we may reject or cancel the voucher or discount code (as applicable).
13.9 If you have any difficulty redeeming your voucher or discount code or have any questions then please contact us for further assistance.
13.10 Any order for Products made using a voucher or discount code will be governed by these Terms of Sale.
13.11 Price of the vouchers, gift vouchers and discount codes are not refundable.
14. YOUR INFORMATION
15. OUR LIABILITY TO YOU
15.1 We are under a legal duty to supply Products that are in conformity with our contract with you.
15.2 Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
15.3 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
15.4 The maximum loss or damage we will be responsible for under clause 16.3 is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.
15.5 We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any liability imposed under the Consumer Rights Act 2015 that is not permitted to be excluded or restricted under section 31 of the Consumer Rights Act 2015; and
defective products under the Consumer Protection Act 1987.
15.6 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that:
(a) we will take reasonable steps to prevent or minimise the failure or delay;
(b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and
(c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
17. RESOLVING DISPUTES
17.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at Help Centre and attempt to resolve the dispute with us informally.
17.2 In the unlikely event that we are not able to resolve the dispute informally, please note that the Furniture & Home Improvement Ombudsman operates an online dispute resolution platform for UK consumers to submit disputes arising from online purchases, which can be accessed at www.fhio.org/dispute . You will also always have the option of resolving the dispute using court action.
18. EACH OF THESE TERMS OPERATES INDEPENDENTLY
18.1 Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19. UPDATING THESE TERMS OF SALE
19.1 We may modify or update these Terms of Sale from time to time for reasons including:
(a) changes in how our business operates;
(b) changes in the legal or regulatory requirements that we must comply with; or
(c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.
20. RIGHTS OF THIRD PARTIES
20.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
21. TRANSFER OF OUR RIGHTS
21.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavors to tell you in writing if this happens.
22. LAW AND JURISDICTION
22.1 These Terms of Sale are governed by English law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
22.2 You can bring legal proceedings in respect of this contract in the English courts.
23.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
24.1 If you have any queries about these Terms of Sale, please contact our Customer Services team write as via Help Centre. We’ll be here to help.
1. INFORMATION ABOUT US
www.vivenselondon.com is a website operated by VIVENSE (UK) LIMITED, a company registered in England and Wales. Our company registration number is 11637951 and our registered office is at Units 6+7, 180 Borough High Street London, SE1 1LB, United Kingdom. Our registered VAT number is GB 308159309.
2. PURCHASE OF PRODUCTS FROM VIVENSE LONDON
2.1 The purchase of any products through our site is governed by our Terms of Sale.
3. YOUR PERSONAL INFORMATION
4. YOUR ACCOUNT AND PASSWORD
4.1 If you set up an account on our site, you must treat your login details as confidential. You must not disclose them to any third party.
4.3 If you know or suspect that anyone other than you knows your login details, you must promptly notify us at Help Centre.
5. RULES OF ACCEPTABLE USE
5.2 When using our site you must not:
(a) circumvent, disable or otherwise interfere with any security related features of the site or features that prevent or restrict use or copying of the content accessible via the site;
(b) give any false information in your account details;
(c) take another person’s identity without that person’s permission or misrepresent you are acting on behalf of a person, entity or organisation;
(d) use the site if we have suspended or banned you from using it;
(e) send junk, spam or repetitive messages;
(f) engage in any illegal or unlawful conduct;
(g) modify, interfere, intercept, disrupt or hack the site;
(h) misuse the site by knowingly introducing viruses, Trojans, worms, logic bombs or other similar material or by undertaking any other action which would harm the site, any site user’s equipment or have a detrimental impact on any site user’s experience of using the site;
(j) submit or contribute any content that is abusive, threatening, obscene, untrue, shocking or offensive;
(k) abuse, harm or bully another site user, member of our staff or person;
(l) submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademarkor other rights of third parties; or
(m) submit or contribute any information or commentary about another person which is untrue, private, confidential or defamatory (including personally accusing another person of unproven criminality or serious wrongdoing which could damage their reputation in the eyes of anyone reading your comment).
(a) immediate, temporary or permanent withdrawal of your right to use the site;
(b) immediate, temporary or permanent removal of any User Content;
(c) issuing of a warning to you;
(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.4 The responses described above are not limited and we may take any other action we reasonably deem appropriate.
6. NOTICE AND TAKE DOWN POLICY
6.1 If you believe that content available through the site:
(a) infringes your rights or any rights of a third party you represent; or
(b) otherwise breaches the Rules of Acceptable Use,
please tell us immediately by contacting with us via Help Centre.
6.2 When reporting content please provide the information described below in your notice to us:
(a) your name and contact details; and
(b) a statement explaining whether you believe that the content you are contacting us about:
6.2.b.i infringes your rights;
6.2.b.ii the rights of a third party who you represent; or
6.2.b.iii you otherwise believe the content breaches the Rules of Acceptable Use.
6.3 We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
7. LIMITED LICENCE
7.1 We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you permission to access our site for your personal use only. Any other use of our site or our site's content is prohibited. This prohibition includes, but is not limited to:
(a) making commercial use of our site's content;
(b) reproduction of the Vivense and Vivense London name, logo, trade marks or any other content available on our site; and
(c) downloading or copying any of our site content for yourself or for a third-party.
7.2 If you wish to make any use of material on our site other than that set out above, please contact: Help Centre
8. DISCLAIMER AND LIABILITY
8.1 Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.
8.2 We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
8.3 Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.
8.4 In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.
8.5 We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.
8.6 Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.
9. LINKS AND LINKING
9.1 Links to third party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control, and are not responsible for, these websites, their content or their availability. We, in no way endorse, or make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.
9.2 You may link to our home page (www.vivenselondon.com), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.
12. JURISDICTION AND APPLICABLE LAW
If you would like to provide feedback on our site, please contact us at Help Centre.
III. TERMS OF INSTALLATION SERVICE
These terms of service (“Terms of Service”) set out the terms and conditions on which our professional independent installation service partners (“Installation Partners”) will deliver, assemble and install your Sofa and Wardrobe products (“Assembled Product(s)”) listed on our website www.vivenselondon.com (“our site”) to you (collectively referred to as the “Installation Services”).
Please read these Terms of Service carefully before ordering any Assembled Products from our site. These Terms of Service tell you how our Installation Partners will deliver Assembled Products to you, how these will be assembled at your chosen location, how you, we or our Installation Partners may cancel an order, what to do if there is a problem with your Assembled Products or the Installation Services and other important information. If you do not agree to these Terms of Service you must not order any Assembled Product through our site.
1. PURCHASE OF ASSEMBLED PRODUCTS FROM VIVENSE LONDON
1.1 The purchase of any Assembled Products through our site is governed by our Terms of Sale.
1.2 These Terms of Installation Service shall supersede the Terms of Sale, in relation to the sale of Assembled Products, should there be any conflict between such terms.
2. ORDERING INSTALLATION SERVICES
2.1 The retail price of certain products already includes the cost of assembly services, as clearly specified on our site to indicate whether free assembly is included. However, please note that certain products may require additional charges for assembly services. Additionally, paid assembly services will be offered separately and will be clearly communicated and indicated.
2.2 You can place orders for Assembled Products and accompanying Installation Services with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Assembled Products if we accept your order.
2.3 Before ordering from us, it is your responsibility to check and determine:
(a) that the information and specification it contains is accurate and meets your requirements; and
(b) your full ability to receive the Assembled Products and Installation Services ordered.
This includes ensuring that the packaged Assembled Products ordered will pass and be assembled freely into your room of choice, they fit in that room, can be transported through the door of your house, flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
2.4 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order and the specifications provided at each stage of the order process.
2.5 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order.
2.6 You must keep the contact details we hold for you up-to-date so that we and our Installation Partners can contact you about your order, the delivery and/or the Installation Services.
3. AVAILABILITY OF INSTALLATION SERVICES
3.1 All orders for Assembled Products are subject to the availability of those Assembled Products, the materials for making the Assembled Products and the availability of the Installation Partners to provide the Installation Services. We will inform you as soon as possible after receiving your order if, for any reason, the Assembled Products and/or the Installation Services you have ordered are not available or are subject to any delay.
3.2 If we are unable to supply you with an Assembled Product and/or the Installation Services, for example, because the manufacturer is out of stock, because of an error in the price or because of an issue with the Installation Providers we will inform you of this by email and we will not process your order. If you have already paid for the Assembled Product and Installation Services we will refund you the full amount as soon as possible.
4. PREPARATION FOR INSTALLATION SERVICES
4.1 Dimensions of all the products given in the product page as an information.
4.2 Preparing the location for the product that will be assembled will be your responsibility to ensure:
(a) there is adequate room for our Installation Partners to provide the Installation Services at your chosen location.
(b) all relevant areas at your chosen location are clear of any furniture and flooring is leveled.
(c) there is sufficient room to carry the largest components of the unassembled product through your chosen delivery location to the area in which the Assembled Product is to be installed;
(d) all pictures and mirrors from the walls and furniture are removed an as necessary in advance of delivery and installation so as to avoid any unnecessary obstruction.
(e) parking is made available at your chosen delivery location, on the same street or adjacent street. If parking permits are needed, you must make a permit available for the Installation Partners delivery vehicle at your own cost for no less than 2 hours (or for such additional time as may be reasonably requested by the Installation Partner at the time of delivery and installation of the Assembled Product).
4.3 There will be some disruption whilst our Installation Partners are providing the Installation Services, however they will keep your room as tidy as possible.
5. DELIVERY OF ASSEMBLED PRODUCTS AND INSTALLATION SERVICE
5.1 Delivery of the Assembled Product will be made by our delivery partner at the date you are agreed with them. For Sofa products, assembly will be made by our delivery partner at the same time with the delivery. For wardrobe products, assembly will be booked by your request after the order is delivered to your location, and can take time up to 3-5 work days. You can make your request via Help Centre after the product is delivered to your address.
5.2 Our delivery partner may not be available to deliver at weekends and holidays.
5.3 We will provide your details to our Installation Partners who will contact you to agree a mutually convenient date and time to visit your chosen delivery location, to provide the Installation Services.
5.4 To ensure successful assembly, our Installation Partners will contact you via phone or SMS to re-confirm the date and time of assembly.
5.5 In the event that you or someone appointed by you to accept the delivery are not at your chosen delivery location at the agreed date and time, our Installation Partners will wait for an additional 15 minutes before returning to the warehouse and re-delivery may incur additional costs.
5.6 Please note that our Installation Partners will deliver to addresses in the United Kingdom except for Guernsey Island, Jersey Island, Island of Man, Isle of Wight, and Ireland.
5.7 Our Installation Partner shall install the Assembled Product in the position and location of your choice. Once installed, do not attempt to move the Assembled Product to any other position or location. Once assembled the Assembled Product needs to be disassembled to be repositioned.
5.8 Once the Assembled Products have been assembled and/or installed our Installation Partners will take photographs for quality purposes and you will be asked to sign a form confirming that the Assembled Products have been installed as agreed in the order and to your reasonable satisfaction. This information will be retained by our Installation Partners and us and shall be relied on in the event of any claim or dispute in relation to the Assembled Product or Installation Services.
5.9 If any damage or missing parts of the Assembled Products are discovered by our Installation Partners on assembly, our assembly partner will take photos to provide us. Since the assembly will not be able with missing or damaged parts, you should inform us about the problem via Help Centre and our Customer Service will help you on the topic to fix the problem.
6. CANCELLATION AND REFUND POLICY FOR ASSEMBLED PRODUCT
6.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Assembled Products, you have the right to cancel either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
6.2 You have a legal right to change your mind and cancel the contract between you and us before the order is delivered to you for the Assembled Products from us.
6.3 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. email). The easiest way to do this is to contact our Customer Services team via Help Centre.
6.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
6.5 If you cancel your contract with us, within the cancellation period, we will reimburse all payments received from you, including the cost of delivery which is included in the retail price.
6.6 We will make the reimbursement in 30 working days.
6.7 We will make the reimbursement using the same means of payment as you used for the initial transaction unless there is any limitation about the refund payment by the payment type, if there is a problem with the original payment type to do the refund, you may be asked to share your bank details such as account holder name, account name, sort code, account number. Also, in any event, you will not incur any fees as a result of the reimbursement.
Faulty or mis-described goods or services
6.8 In the event that you discover damage or missing parts after the assembling and installation of the Assembled Products at your chosen delivery location, please contact our customer service team via Help Centre. We will work with you and our Installation Partners to:
(a) Review the photographs and form of satisfaction obtained at the time of providing the Installation Services and installing the Assembled Products.
(b) If it is proven that that there are missing parts or that the Assembled Products are faulty we will replace the missing or damaged parts of the Assembled Products at no additional charge to you; or
(c) damage to the Assembled Products has been caused by you, the claim will be reviewed on a case by case basis.
7. YOUR INFORMATION
7.1 We will share your contact information with the Installation Partners for the provision of the Installation Services.
8. LIABILITY TO YOU
8.1 We are under a legal duty to supply Assembled Products that are in conformity with our contract with you in accordance with the Terms of Sale.
8.2 If your product is services, for example our product assembly service, the Consumer Rights Act 2015 says: you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
IV. GENERAL COMPETITION TERMS
1.1 Each Competition is offered by VIVENSE (UK) LIMITED a company registered in England and Wales. Our company registration number is 11637951 and our registered office is at Units 6+7, 180 Borough High Street London, SE1 1LB, United Kingdom. Our registered VAT number is GB 308159309.
1.2 By entering a Competition, all participants will be deemed to have accepted the relevant Competition-specific terms and conditions. All entry instructions form part of these terms and conditions.
2.1 No entries received after the closing time will be eligible to win a prize.
2.2 In order to enter a Competition that is only run online you must have an Internet connection and in order to enter a Competition that is only run through a social media platform, you must have an account with that social media platform.
2.3 Should the prize for a Competition be unavailable, a prize of equal or greater value will be substituted. There is no cash alternative available. Prizes are non-transferable and cannot be resold. Vivense London reserves the right to substitute an alternative prize of equal or greater value. Unless otherwise agreed in writing by Vivense London, the prize will only be awarded to the winner.
2.4 Each winner agrees to participate in reasonable publicity as may be required by Vivense London in respect of the Competition. Vivense London reserves the right to publish each winner's name, photograph and county on its website, Facebook page and/or Twitter account or to publicise the prize-giving presentation within a year of the closing date.
2.5 Each winner's name and county are available on request by Help Centre.
2.6 No entries from agents, third parties, syndicated entries or those made using methods such as a computer macro, script or the use of automated devices are permitted and no bulk entries.
2.7 All costs and expenses not included within the prizes are the responsibility of the winner(s).
2.8 Vivense London reserves the right at any time, in its absolute discretion, to:
3.1 To the fullest extent permitted by law, Vivense London excludes liability for any losses, damages or claims incurred by any person in connection with the Competition or receipt or misuse of any prize.
3.2 Except as otherwise required by applicable law, Vivense London accepts no responsibility or liability for any entry or claim which for technical or other reasons is unsuccessful, incomplete, lost, late, damaged, corrupted or misdirected.
3.3 If a Competition is being run on one or more of Vivense London's social media platforms or another third party's platform, that Competition is not in any way sponsored, endorsed or administered by, or associated with that social media platform or third party (as applicable). Participants acknowledge that such social media platform or third party (as applicable) shall not have any liability to them in connection with that Competition.
4.1 Any decision of Vivense London in respect of a Competition is final. For questions regarding a Competition, email Help Centre.
4.2 Vivense London reserves the right to extend, withdraw, alter or suspend a Competition or these terms and conditions (including the terms relevant to the Competition) at any time if circumstances beyond its control make this unavoidable.
4.3 All personal data submitted in connection with a Competition will be processed by Vivense London for the purposes of administering and managing that Competition and prizes (where applicable) and verifying the eligibility of each participant. Vivense London is committed to protecting the privacy of all participants. Data that is collected from or about participants will be used in accordance with vivenselondon.com/policy/privacy-policy
4.4 Any images are an illustrative example and do not show the exact prize(s).
4.5 Each Competition and these Competition Terms (including the Competition-specific terms and the general terms), and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with English law. Each participant irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with any Competition or these Competition Terms.
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