- These terms
- What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
- 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.
- Information about us and how to contact us
- 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.
- How to contact us. You can contact us via [email protected] and 180 Borough High Street London, SE1 1LB, United Kingdom.
- 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.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
- How we will accept your order. Our acceptance of your order will take place when you place an order in-store and we tell you that we are able to provide you with the product, which we will also confirm in writing to you. When we tell you that we are able to provide you with the product you have ordered, a contract will come into existence between you and us. If we accept your order full payment for the products will be taken from you in-store at the time of acceptance. A receipt for this payment will then be provided to you.
- Your order number. 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.
- We only sell to the UK. 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.
- Our products
- Products may vary slightly from their pictures. The images of the products in our brochure are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated in our catalogue or brochure have a 2% tolerance. If you have made a bespoke order while in-store, whilst we will make every effort to provide an accurate virtual representation of what the finished product may look like, we cannot guarantee that the physical finished product will be identical to the virtual representation.
- Your rights to make changes. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- Our rights to make changes
- 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.
These changes are unlikely to affect your use of the product but if we anticipate that your use of the product is likely to be affected, we will inform you as soon as possible.
2. More significant changes to the products. In addition, as we informed you in the description of the product in our brochure and in-store, we may make the following changes to the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:
- providing the materials of the product in an alternative colour or wood finish to that which you ordered if there is an unforeseen shortage of particular colours or wood finishes or;
- providing the product using alternative materials or fabrics to those specified if there is an unforeseen shortage of certain materials or fabrics.
In such events, we will endeavour to keep the overall look of the product as close as possible to that which you ordered.
7. Providing the products
- Delivery costs. The costs of delivery will be as told to you during the order process.
- When we will provide the products.
- Delivery of the products. We will deliver the product(s) to you as soon as reasonably possible. An estimated delivery date will be provided to you when your order is placed and we will endeavour to deliver the product(s) within 5 working days of this date, if not before.
- Delivery and Product Assembly. When placing your order, you will be given the option to specify whether you would like to pay an extra charge for our product assembly service. If you opt for this service, when the product(s) arrive at their intended destination, a member of our dedicated product assembly team will then assemble and any relevant products. That service will be performed on the delivery date of the products unless otherwise arranged.
- On delivery, we will provide you with a delivery note confirming the date and time of delivery, what product(s) have been delivered and whether or not our assembly service has been required. You will be required to sign two copies of the delivery note, one which you can keep for your records and one which we will hold for our records.
- 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.
- Collection by you. If you have asked to collect the products from our premises, we will contact you when the products have been delivered to our premises and are therefore ready for collection. You can then collect the products at any time from this date during our working hours of 11.00 – 18.00 on weekdays (excluding public holidays).
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, 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 storage costs and 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 9.2 will apply.
- If you have paid for, and do not allow us access to provide, the assembly services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If you would like us to re-arrange access at an alternative date and time to the delivery date, where this has not been requested in advance, this will incur an additional cost.
- Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
- we have refused to deliver the products; or
- you told us before we accepted your order that delivery by the estimated delivery date was essential and we agreed that on the order (taking into account all the relevant circumstances).
- Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.9, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
- Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.9 or clause 7.10, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
- When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
- When you own the product. The law determines when ownership of goods is transferred to you. At the latest, ownership will transfer when we deliver the product to you (or you collect it) but you might take ownership earlier, for example, when we permanently identify the product as yours.
8. Your rights to end the contract
- Change-of-mind Cancellations. You may cancel an order at any point prior to delivery. If we have not already despatched the order you will be refunded in full. If, however, we have already despatched the order you will not be refunded for the delivery charge and will be responsible for any return postage.
- Change-of-mind Returns. All items to be returned must be in fully resalable condition in their original packaging.
You have 14 days from receipt of your order in which to make a return. To make a return please contact our Team by emailing [email protected].
For Furniture items we will arrange to collect the furniture from you. You will not be refunded for the delivery charge and will be responsible for any return postage.
We will refund an item within 14 days after receiving the order back to our warehouse.
If the item has not been returned in fully saleable condition, we reserve the right to refuse a refund on the item, or to deduct up to 100% of the original selling price from the refund amount.
3. Faulty / Damaged / Changed / Undelivered items. If you are ending a contract for a reason set out at 8.3.1 to 8.3.4 below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. Unless there is a problem with the products (see clause 10), if you end the contract for any reason other than those listed below at 8.3.1 to 8.3.4, you may not be entitled to a full refund as we will deduct a reasonable amount of compensation to reflect the losses we have incurred as a result of your cancellation, which might be significant losses if a product has been made to your specific requirements and it is not suitable for us to sell to another customer. The reasons are:
- we have told you about an upcoming change to the product which you do not agree to (see clause 6.2);
- 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;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- you have a legal right to end the contract because of something we have done wrong (but see clause 7.9 in relation to your rights to end the contract if we deliver late).
4. Returning products after ending the contract. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us or allow us to arrange collection at a reasonable time. If you are ending the contract because we have told you of an upcoming change to the product, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.
9. Our rights to end the contract
- 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 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 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.
10. If there is a problem with the product
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at [email protected] Alternatively, please speak to one of our staff in-store.
- Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example furniture or a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to 14 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
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.
if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage[, please contact us for a free returns label] or collection.
11. Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
- 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.
- 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 in our price list, we will contact you for your instructions before we process 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 and refund you any sums you have paid.
- When you must pay and how you must pay. We accept payment via Shopify and therefore you can pay using most credit and debit cards including, Visa Debit and credit cards, MasterCard, American Express, Apple Pay and Google Pay. We also accept payment in cash if preferred. When you must pay depends on what product you are buying:
- For goods, you must pay for the products in-store when we accept your order.
- In order to engage our assembly service, you must also pay for this in advance in-store when we accept your order.
- 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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. Our responsibility for loss or damage suffered by you
- 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, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
- When we are liable for damage to your property. If we are providing services in 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.
- We are not liable 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.
13. How we may use your personal information
- How we will use your personal information. We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- 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.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
14. Other important terms
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree for example if you attempt to transfer any rights or obligations under these terms to a person with a lower credit rating than yourself. However, you do not need our agreement to transfer the benefit of our guarantee in clause 10.4 (see clause 10.5).
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 10.4 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this 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.
- Even if we delay in enforcing this 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 this 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.
- 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.
- Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider.
Questions about the Terms of Service should be sent to us at [email protected]