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Terms and Conditions

This Agreement was last modified on 26 September 2018.

Section 1.  USE OF THIS SITE

Welcome to www.vivrosia.com (“Site” or “Vivrosia”).   You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. These Terms of Use govern all the products offered on the Site including the DFF products and blog (Health & Beauty Tips).

The Site is only to be used for your personal non-commercial use and information. All the features of the Site shall be governed by these Terms and Conditions (hereinafter “Terms of Use”) along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together “Policies”) as modified and amended from time to time.

By mere accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not.

Browsing, accessing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement , so please read this agreement carefully before proceeding.

 If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site. You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction, in or through which you access or view the site or such material.

VIVROSIA reserves the right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If VIVROSIA decides to change the Terms of Use or Policies, VIVROSIA will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

 

Section 2.          PRIVACY PRACTICES

We understand the importance of protecting your personal data and that is why we have formulated a Privacy Policy, to ensure that your personal details is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by VIVROSIA  in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of VIVROSIA.

 

Section 3.            YOUR ACCOUNT

This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. VIVROSIA or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party.

If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site.

If we have found a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to VIVROSIA.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Vivrosia’s and VIVROSIA’s best interests to do so.The information provided to us shall be maintained by us in accordance with our Privacy Policy.

 

Section 4.    PRODUCT & SERVICES INFORMATION

VIVROSIA attempts to be as accurate as possible in the description and specification of the product on the Site. However, VIVROSIA does not warrant that the product description, colour, specification or other content of the Site is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

VIVROSIA reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability.

 

Section 5.         PRODUCT USE

The products available on the Site, and the samples, if any, that VIVROSIA may provide you, are for your personal use only. The products which you may receive through  us, shall not be sold or resold for any/commercial reasons.

In case any productpurchased / received / availed causes side effects or doesn’t suit you, please note that VIVROSIA  is in no manner responsible for any manufactural side-effects and manufacturer  of the product shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products and consult a specialist before the use of the same.

 

Section 6.  RECOMMENDATION OF THE PRODUCT

Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by VIVROSIA or any of its associates in any manner.

 

Section 7.            PRICING INFORMATION

VIVROSIA  strives to provide accurate product and pricing information, however errors may occur.

VIVROSIA cannot confirm the price of the product until you make the order. Without limiting the generality of Section 8 (Cancellations, Refunds and Returns) below, if a product is listed at an incorrect price or with incorrect information due to any technical error, VIVROSIA shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been delivered to you. In the event that an item is wrongly priced, VIVROSIA may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered , your offer will not be deemed accepted and VIVROSIA will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that VIVROSIA accepts your order the same shall be debited to your credit or debit card account/PayPal account and duly notified to you by email that the payment has been processed. The payment may be processed prior to VIVROSIA’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

Prices and availability of the products provided or offered on the Site are subject to change without prior notice and at the sole discretion of VIVROSIA.

VIVROSIA may revise and cease to make available any product at anytime. In the event, VIVROSIA is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. VIVROSIA shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

 

Section 8.  CANCELLATIONS, REFUNDS AND RETURNS

Please refer to our Cancellation, Refunds and Returns Policy provided on our Site.

 

Section  9.            MODE OF PAYMENT

Payments for the products available on the Site may be made in the following ways:

  • At present, Payments can be made by PayPal Standard checkout.

Other payment modes shall be available very soon.

  • PayPal Standard is available at the final checkout page.
  • If you do not have PayPal account then you can also pay via Debit/Credit card option available at PayPal login page.
  • Payment via PayPal account is instant payment options and recommended to ensure faster processing of your order.

 

Section 10.      SHIPPING AND DELIVERY

Please refer to our Shipping and Delivery Policy provided on our Site.

 

Section 11.     INTELLECTUAL PROPERTY RIGHTS

The “Vivrosia” name and logo and all related product and service names, design marks and slogans (if any) are the trademarks, logos or service marks (hereinafter referred to as “Marks”) of VIVROSIA. All other Marks provided on the Site are the property of their respective companies or/and brands. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of VIVROSIA or others, are the intellectual property of their respective owners, and VIVROISA shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

VIVROSIA and its suppliers and licensors expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of VIVROSIA and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless VIVROSIA explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by VIVROSIA, any of its affiliates or by third parties who have licensed their materials to VIVROSIA and are protected by Indian copyright laws and international treaties.

 

Section 12.     LINKS AND THIRD PARTY SITES

References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply VIVROSIA endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between VIVROSIA and those third parties.

VIVROSIA is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. VIVROSIA do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.

 

Section 13    DIRECT FROM FACTORY (DFF) PRODUCTS

DFF products are M2C products that are directly sold to the customers from manufacturing point.

DFF product’s merchant website may be linked with affiliate link in the VIVROSIA.

VIVROSIA may earn few commission when you buy DFF products recommended in the website.

VIVROSIA’s shipping policy,return and refund policy doesn’t apply to any DFF products. DFF product merchant website’s policies and conditions is applicable to all DFF products.

 

Section 15.     TERMINATION

These Terms of Use are effective unless and until terminated by either you or VIVROSIA.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. VIVROSIA may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site.

Upon any termination of the Terms of Use by either you or VIVROSIA, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.

 

Section 16.    SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

  1. accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
  4. sending unsolicited email, including promotions and/or advertising of products or services; or
  5. forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability

VIVROSIA is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from VIVROSIA on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

 

Section 17.     ENTIRE AGREEMENT

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and VIVROSIA with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

VIVROSIA’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

 

Section 18.    GENERAL

You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

If you have any questions regarding these Terms and Conditions, please email us at [email protected]