VIVIOR™ TERMS AND CONDITIONS FOR VIVIOR STORE USE (“TERMS”)
Thank you for buying the cool stuff we have for you. We want to make sure, that your exploring, evaluating and purchasing of our VIVIOR™ products, VIVIOR4Sight Memberships and VIVIOR™ services is a great experience! These terms and conditions apply to all your transactions in our VIVIOR™ online store (we call it the “VIVIOR Store”). By accessing or using any part of our VIVIOR Store, you agree to be bound by these TERMS including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
THESE TERMS OF SERVICE CONTAIN IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOU AND YOUR USE OF THE VIVIOR™ PRODUCTS, VIVIOR4SIGHT MEMBERSHIPS AND VIVIOR™ SERVICES INCLUDING A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. PLEASE READ THESE TERMS INCLUDING THE “CLAIMS HANDLING, APPLICABLE LAW AND JURISDICTION” SECTION AT THE END HEREOF IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR VIVIOR™ PRODUCTS, VIVIOR4SIGHT MEMBERSHIPS AND VIVIOR™ SERVICES.
These TERMS apply to all users of our sites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. We may, from time to time, change these TERMS. When such changes are made, we will make a copy of the new TERMS available to you on our website and also alert our existing users by e-mail.
You further represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and have given us your consent to allow any of your minor dependents to use this site as well under your guidance, supervision and liability.
Upon your registration as user in our VIVIOR Store, you may purchase VIVIOR™ products, VIVIOR4Sight Memberships and VIVIOR™ services with your [VIVIOR4Sight ID and Password] to access your VIVIOR™ Account. You are responsible for all charges incurred in connection with your account. We may collect unpaid charges, including additional charges, to your payment instrument, use of collections agencies and any other legal means.
If you decide to cancel your VIVIOR™ account, we reserve the right, subject to any limitations under applicable laws, to collect fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before we will allow you to register again.
By submitting an order or pre-order, you acknowledge, that you are authorized to use the designated payment method and you authorize us to charge your order to that payment method. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information.
VIVIOR™ may accept various forms of payment, including credit and debit cards, and payments made through Paypal, [PayPal Express] etc. Additional terms with your payment provider may apply.
Depending on where you are located or ask to have the VIVIOR™ products shipped or delivered, VIVIOR™ may utilize an agent, subsidiary, or affiliate to process payment and shipping. In the event the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order. You are responsible for resolving any problems we encounter while we proceed your order.
Making unauthorized modifications to the software or hardware on VIVIOR™ products violates our [Warranty Terms (opens in a new window)]. That’s why we strongly, almost emphatically, recommend that you do not do so.
Product Availability and Limitations
Given the popularity and/or supply constraints of some VIVIOR™ products, we may have to limit the number of VIVIOR™ products available for purchase. Trust us, we’re building them as fast as we can. VIVIOR™ reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when we confirm your order but subsequently learn that we cannot supply the ordered VIVIOR™ product. In the event we cannot supply a VIVIOR™ product you ordered, we will cancel the order and refund your purchase price in full.
Changes to the Products
VIVIOR may add, delete, or change the features or functions of the Products at any time, at Vivior’s sole discretion. If Vivior deems it reasonably practicable to do so and if the change adversely affects your usage of the Products, Vivior will notify you of the change as soon as reasonably practicable after it is implemented, which notice may be given electronically.
VIVIOR™ may, in its sole discretion, refuse or cancel any order and limit order quantity. VIVIOR™ may also require additional qualifying information prior to accepting or processing any order. Once we receive your online order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify VIVIOR Store’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. The VIVIORM Store reserves the right at any time after receiving your order to accept or decline your order for any reason. If we cancel an order after you have already been billed, the VIVIOR Store will refund the billed amount.
Return and Refund Policy
Return / Exchange Policy for your VIVIOR™ Product Deliveries
Should you wish to return a VIVIOR™ product you bought at our VIVIOR Store, please adhere to the following procedure:
Within 14 calendar days after the date you received our VIVIOR™ product, you may return it to us if unused and undamaged following the official Return Process by contacting Customer Service sending an Email to firstname.lastname@example.org
Please also include all the VIVIOR™ product’s accessories, its complete documentation and your payment receipt in the original VIVIOR™ product packaging in which you received them and send to [address of VIVIOR’s logistics provider].
For the exchange of a damaged VIVIOR™ product, please also contact within 14 calendar days after the date you received it our VIVIOR Customer Service at email@example.com and then send it to [address of VIVIOR’s logistics provider] together with all accessories, its complete documentation and your payment receipt in the original packaging following the official Return Process.
VIVIOR™ electronic software downloads, software upgrades and VIVIOR™ Gift Cards are not eligible for returns / exchanges.
VIVIOR™ products you purchased through other retailers cannot be returned to the VIVIOR Store but must be returned to such retailers in accordance with their respective returns and refunds policy.
Return /Exchange Process for your VIVIOR™ Product Deliveries
Sign in to your VIVIOR™ order listing page with your [VIVIOR4Sight ID and Password]. You will see all items of your recent VIVIOR™ orders.
Select the item at issue and click to go to the order details page.
From there, use the Start a Return link below your item and then click the Get Started button.
On the next page, confirm the items from your order that you’d like to return and select the Initiate Your Return button.
Please indicate either Return or in case of a Vivior™ product that arrived damaged or are incorrect, indicate Exchange.
Next, read the instructions and select the Print Return Label button to print your shipping and any required hazmat labels. If you’re shipping multiple boxes, use the Print Return Label button again to print new labels for each box.
Please always use the original VIVIOR™ product packaging and include all accessories, documentation and your original VIVIOR™ receipt.
Refund Policy for your VIVIOR™ Product Deliveries
Once a VIVIOR™ product you returned within 14 calendar days upon your receipt arrives at the VIVIOR™ logistics provider, VIVIOR™ will initiate your refund which depends on your original payment method:
If you paid your delivery by credit or debit card, refunds will be sent to the card-issuing bank within another 14 (fourteen) calendar days upon receipt by the VIVIOR™ logistics provider. Please contact the card-issuing bank with questions about when the credit will be posted to your account.
Refunds on deliveries you purchased from VIVIOR with a VIV VIVIOR™ IOR Gift Card will be issued to you as a VIVIOR™ Gift Card by email.
Pre-order Shipping, Cancellation & Refund Conditions for your VIVIOR™ Product prior to Shipping
Pre-ordered VIVIOR™ products will ship as soon as they become available. You will be notified by email when the anticipated shipping date has been fixed, whenever it is changed and when shipping has occured.
Prior to the shipping date, you can always up-date or even cancel your pre-order of a VIVIOR™ Product at any time. To cancel your order, you must inform us of your decision by contacting VIVIOR Customer Service at firstname.lastname@example.org
Once the shipping is on its way to you however, you must wait for its receipt and follow our regular Return / Exchange Process for VIVIOR™ Product Deliveries return policy. See our Refund Policy and contact VIVIOR Customer Service at email@example.com for any requests.
You will be charged for the full amount of the pre-order either at ordering (credit cards) or at checkout (Paypal, PayPal Express etc.).
All pre-orders are fully refundable until 14 calendar days after your receipt of the VIVIOR™ Product at issue. See our Return /Exchange Process for VIVIOR™ Product Deliveries.
Withdrawal Policy for your VIVIOR4Sight Membership Subscriptions
As our valued VIVIOR4Sight Membership subscriber, you may also withdraw from your membership within 14 calendar days after the date of your online membership subscription.
Should you wish to withdraw from a VIVIOR4Sight Membership you subscribed to at our VIVIOR Store, please use your [VIVIOR4Sight ID and Password] and note the following withdrawal policy:
From a free VIVIOR4Sight Membership you can withdraw at any time with immediate effect.
Within the first 14 calendar days withdrawal period after your subscription to a paid VIVIOR4Sight Membership, we will refund you the full original subscription price.
After this 14 calendar days withdrawal period has lapsed unused by you for a paid VIVIOR4Sight Membership, your withdrawal will only become effective at the end of your current paid membership period and you will continue to have access to your paid membership benefits for the remainder of your VIVIOR4Sight Membership subscription period.
Renewal Policy for VIVIOR4Sight Memberships
Before the end of each paid VIVIOR4Sight Membership period, we will remind you of the “Auto-Renewal” of your VIVIOR4Sight Membership unless you selected the Manual Renewal option to subscribe to a new renewal period at the occasion of your previous paid subscription, whereby we reserve our right to adapt the price of your paid VIVIOR4Sight Membership (plus applicable tax).
Upon receipt of our “Auto-Renewal” reminder, you may decide to continue your VIVIOR4Sight Membership as it is in which case you do not need to do anything and will be charged with its price for the next VIVIOR4Sight Membership period.
Should you wish to change or end the “Auto-Renewal” of your VIVIOR4Sight Membership you may either cancel it already before each “Auto-Renewal” date or within 14 calendar days after such date by manually up-grade, downgrade or cancel your paid VIVIOR4Sight Membership by clicking on “Renewal Up-Grade”, “Renewal Downgrade” or “Auto-Renewal Cancellation” respectively.
Should you have selected the Manual Renewal Option, we will also remind you to manually up-grade, down-grade or renew your VIVIOR4Sight Membership as is before the end of each paid VIVIOR4Sight Membership period to enable you to up-grade, down-grade, cancel or renew your VIVIOR4Sight Membership as is upon which you then will be charged with the respective price, however with the right to cancel your respective choice within 14 calendar days thereafter.
Your advance selection of the “Auto-Renewal” option allows you to easily maintain your VIVIOR4Sight Membership subscription without any interruption of services by having it automatically renewed and billed for a further paid VIVIOR4Sight Membership subscription period at the end of a previous one.
If you paid your VIVIOR4Sight membership by credit or debit card, refunds, if any, will be sent to the card-issuing bank within another 14 (fourteen) calendar days upon receipt by the VIVIOR logistics provider. Please contact the card-issuing bank with questions about when the credit will be posted to your account.
VIVIOR Store VIVIOR™ Product Shipping & Delivery
Please review the status of your orders with your [VIVIOR4Sight ID and Password] to learn how and when you will receive the VIVIOR™ products you purchased from the VIVIOR Store.
Any shipping dates or times provided by us (or a courier) are estimates only and are not guaranteed. As VIVIOR™ takes care of the dispatch of the products you purchase on the VIVIOR Store, the risk of loss of, or damage to, product(s) will pass to you when you, or a person designated by you, acquires physical possession of the product(s).
Since the actual delivery of your order can be impacted by many events beyond VIVIOR’s control once it leaves our facilities, VIVIOR™ cannot be held liable for late deliveries. We will, however, work with you to ensure a smooth delivery.
Title in the product(s) shall pass to you upon the product(s) pick-up by the carrier from our warehouse. At this point, you will receive a shipment notification via email. If there are any issues with delivery, please do not hesitate to contact VIVIOR™ Customer Service at firstname.lastname@example.org to resolve them.
VIVIOR Store Content and Software License
If VIVIOR™ products, VIVIOR4Sight Memberships and VIVIOR™ services enable you to use software, content, virtual items or other materials owned or licensed by the VIVIOR Store, we hereby grant you a limited, nonexclusive, non-sublicensable license to access, install, and use such software and content solely for personal and noncommercial purposes in compliance with these Terms: You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit such software and content, except as expressly permitted by us.
VIVIOR Store Gift Cards
For VIVIOR Store Gift Card Terms and Conditions, [click here (opens in a new window)].
VIVIOR Store Third-Party Links
Certain content, products and services available via our VIVIOR Store may include materials from third-parties.
Third-party links on the VIVIOR Store may direct you to third-party websites that are not affiliated with us. VIVIOR Store is not responsible for examining or evaluating them and VIVIOR™ does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties accessed through the VIVIOR Store.
VIVIOR™ is not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
VIVIOR Store Warranties, Disclaimers and Limitations of Liability
The VIVIOR Store does not guarantee, represent or warrant that your use of VIVIOR™ products, VIVIOR4Sight Memberships and VIVIOR™ services will be uninterrupted, timely, secure or error-free.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE VIVIOR™ PRODUCTS, VIVIOR4SIGHT MEMBERSHIPS AND VIVIOR™ SERVICES IS AT YOUR SOLE RISK. AS BETWEEN YOU AND THE VIVIOR STORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VIVIOR™ PRODUCTS, VIVIOR4SIGHT MEMBERSHIPS AND VIVIOR™ SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE VIVIOR STORE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT EXCEPT THOSE EXPRESSLY STATED BY US IN WRITING. IN ADDITION, THE VIVIOR STORE DOES NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE VIVIOR™ PRODUCTS, VIVIOR4SIGHT MEMBERSHIPS AND VIVIOR™ SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. THE FOREGOING DISCLAIMERS OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO CASE ARE WE AT THE VIVIOR STORE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTOR4S, SUPPLIERS OR LICENSORS LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATON, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES ARISING FROM YOUR USE OF ANY VIVIOR™ PRODUCTS, VIVIOR4SIGHT MEMBERSHIPS AND VIVIOR™ SERVICES OR FOR ANY OTHER CLAIM RELATED TO THEIR USE, EVEN IF ADVISED OF THEIR POSSIBILITY.
To the extent some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for direct, indirect, incidental, special, punitive or consequential damages of any kind, in such countries, states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
VIVIOR Store Pricing and Price Reductions/Corrections
The VIVIOR Store reserves the right to change prices for products displayed at/on the VIVIOR Store at any time, and to correct pricing errors that may inadvertently occur.
Additional information about pricing and sales tax is available on the [Payment & Pricing (opens in a new window)] page. In the event you have been charged more than the posted price for a product in an VIVIOR Store, please contact VIVIOR™ Customer Service at email@example.com for a refund of the overcharge.
Prices shown are in USD. If you are paying for your order with an international Visa, MasterCard or American Express credit card, please note that the purchase price may fluctuate with exchange rates.
In addition, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase. Please contact your bank or credit card issuer regarding these fees.
VIVIOR Store Inaccuracies and Up-Dates
Occasionally, there may be information in the VIVIOR Store content that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
The VIVIOR Store reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
The VIVIOR Store undertakes no obligation to update, amend or clarify information regarding VIVIOR™ products, VIVIOR4Sight Memberships and VIVIOR™ services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied for VIVIOR™ products, VIVIOR4Sight Memberships and VIVIOR™ services should be taken to indicate that all information in the service or on any related website has been modified or updated.
The VIVIOR Store reserves the right to modify the VIVIOR™ products, VIVIOR4Sight Memberships and VIVIOR™ services offered in the VIVIOR Store and these Terms at any time on a going forward basis at our sole discretion, but has no obligation to update any information on this site. You agree that it is your responsibility to monitor all such changes. Your continued use of the VIVIOR™ products, VIVIOR4Sight Memberships and VIVIOR™ services will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the VIVIOR™ products, VIVIOR4Sight Memberships and VIVIOR™ services and use your [VIVIOR4Sight ID and Password] to delete your VIVIOR™ Account.
Vivior Store Claims Handling, Applicable Law and Jurisdiction
Our goal is to resolve YOUR claims fairly and quickly. Accordingly, for any problem that you have with regarding VIVIOR™ products, VIVIOR4Sight Memberships and VIVIOR™ services, you agree to first contact the VIVIOR Store and attempt to informally resolve your problem by sending a written notice of your claim (“Notice“) to us. The Notice to the VIVIOR Store must be sent by certified e-mail with sending and reading confirmation ticked to firstname.lastname@example.org.
The Notice must (a) include your name, residence address, and the email address and/or mobile telephone number associated with your [VIVIOR4Sight ID and Password]; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. If you and us at the VIVIOR Store cannot reach an agreement to resolve the claim, then you or us may, file a claim in court. You and us agree that any such must be filed within two full years after it arose; as otherwise any dispute is permanently barred.
The laws of Switzerland, excluding its conflicts of law rules, govern your access to and use of the VIVIOR™ products, VIVIOR4Sight Memberships and VIVIOR™ services. To the extent, your access to and use of the VIVIOR™ products, VIVIOR4Sight Memberships and VIVIOR™ services is subject to other local, state, national or international laws mandatorily applicable on their terms, the application of these other laws remains reserved.
All your problems, disputes, causes of action, claims, or controversies arising under these Terms which we at the VIVIOR Store cannot resolve and settled through informal negotiation will, to the extent permitted by any mandatorily applicable law, be subject to the exclusive jurisdiction of the ordinary courts of the Canton of Zug, Switzerland. The courts in some countries may not apply Swiss law to some types of disputes or allow you to consent to jurisdiction in the Canton of Zug, Switzerland if you are a consumer and habitually reside there. If you reside in one of those countries, your country’s laws and jurisdiction will apply to such disputes related to the VIVIOR™ products, VIVIOR4Sight Memberships and VIVIOR™ services. In all other cases, you agree that the claim must be resolved as described in these Terms.