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Terms & Conditions of Sale

WELCOME TO THE VIVARTI WEBSITE TERMS AND CONDITIONS FOR USE. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

1. INTRODUCTION

1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2. ORDERING FROM US

2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.

3. PRICING

3.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

4. CANCELLATION AND RETURNS POLICY

4.1 If you wish to cancel your order:
(a) you can notify us by email to customerservices@vivarti.co.uk before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The reasonable cost of returning goods to us shall be borne by or refunded by us but this shall only apply to returns from within the United Kingdom.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.

5. COPYRIGHT

5.1 The copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us, our licensors, or respective copyright owners. For the purposes of these terms and conditions, any use of extracts from this Website for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.2 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.3 Any rights not expressly granted in these terms are reserved.

6. SERVICE ACCESS

6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7. DISCLAIMER

While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

8. LIABILITY

We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

9. GOVERNING LAW AND JURISDICTION

9.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
9.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

10. MISCELLANEOUS

10.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
10.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
10.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

The Vivarti website is operated by:

Cromarty Ltd, a company registered in England and Wales, whose registered office and trading is at Units 17 & 18 Shire Bridge Business Park, Easingwold, York, YO61 3EQ. Our company registration number is 06791883. Our VAT registration number is 986 6714 58.

General email: sales@vivarti.co.uk
Telephone number: 0845 838 6886