Terms and Conditions


www.vividream.com is owned by ViviDream, and shall here after be referred to as ViviDream.

Any purchase of goods from the site www.vividream.com requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer’s “digital signature”.

Purpose

These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by ViviDream for the customer.

Order Confirmation

All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.

Proof of Transaction

The records stored inViviDream computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties. Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.

Product Information

Every effort has been made to ensure the accuracy of the information presented on ViviDream. ViviDream or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where ViviDream was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.

Validity Period of Offer and Prices

Our offers and prices are valid for the day the site is consulted and are subject to change without notice.

Delivery Terms

Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service. Please note: it is our policy to combine shipments if the same address is provided for multiple orders, in this case, the more expensive shipping method will be used for the combined shipment. If you do not want your orders to be combined, you must email us as soon as possible or add a not at checkout in the “special instructions” section. In the event of a shipment being combined, the more expensive shipping option will be used. 

We reserve the right without prior notice to upgrade your postage option to a recorded service should your order total exceed £79.99, (this is a free service requiring no further action from you)

All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.

No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.

As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse ViviDream, who will deliver a new, identical package to the customer free of charge or issue a full refund. Only tracked shipping methods are subject to a free re-ship or refund should the item not arrive due to an error by Royal Mail or ViviDream. Standard (non-tracked) delivery methods are not subject to a free re-ship or full refund.

We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes. Any issues relating to shipping as a result of a customs check or seizure are the sole responsibility of the customer. Customers are responsible for checking their local import laws before placing their order.

If the customer has chosen a tracked method of shipment ViviDream will check the tracking number to see where the item is located and inform the customer of the next step accordingly. Please note that it is Royal Mail policy to wait a full 20 (for Europe) or 25 (Outside Europe) working days from the date of shipment, before a claim can be made and ViviDream can investigate a re-ship or refund.

If your item has not arrived within the usual time frame or the maximum allocated time outlined by Royal Mail (20 working days for Europe and 25 working days for outside of Europe) there is a small chance it could be held up by your local customs authority. Although extremely rare this can occasionally occur due to random inspections, or local laws. We try to minimise customs check by filling out the required customs form for each item we sell requiring one. Each item is labelled as “Dietary Supplement” if a customs form is required. We also put a low value on each custom form to minimise any extra charge for the importation to your country.

In the event of a seizure by customs, the customer will usually be notified within 14 days, however, some countries can take up to 30 days or even 90 days. In most instance, the item will be refused and returned to ViviDream. If customs have opened the customers package there will be a note attached to the envelope. If customs have decided the item is not eligible to be imported into the country and have seized the item the customers will not be eligible for a free re-ship or full refund.

Loss or Damage in Transit

 ViviDream will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to ViviDream and the carrier within 14 working days of delivery.

In the event that ViviDream receives a lost order notice from a buyer, the buyer may decide whether to receive a full refund or a replacement item. The buyer may be subject to paying for tracked delivery on the second replacement order at the discretion of ViviDream.

In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by ViviDream or its representatives on request.

In the rare case that an non-tracked replacement delivery does not arrive the transaction will be deemed complete and no further action will be required from either parties.

Returns & Delivery Errors

The customer must inform ViviDream immediately (the same day or, at the latest 3 working days following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.

 In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of 30 working days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated before hand with ViviDream customer service department. All goods must be returned to ViviDream, 33 Harbour Street, Broadstairs, Kent, CT10 1EU, UK. If the right to withdrawal is exercised, ViviDream will make every effort to refund the customer once the item is received, with either store credit or a full refund.

Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.

Any claim made after this time period will be rejected. All claims must be either emailed or sent in writing to our business address or website email contact.

Any claim that does not respect the rules defined above cannot be taken into account and releases ViviDream of any responsibility to the customer.

In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to ViviDream in whole, in its original packaging and in perfect condition to ViviDream, 33 Harbour Street, Broadstairs, Kent, CT10 1EU, UK.

For claims to be accepted, the customer must first make a declaration to ViviDream concerning any returns and receive and ViviDream’s consent. If accepted, the customer will ship the package to ViviDream.

Warranty

The provisions hereof cannot deprive the customer of their right to legal warranty requiring ViviDream to protect the customer against latent defects of goods sold.

In the case of damage to a person or property resulting from a product defect, only the content’s suppliers shall be held liable and sought after by the customer, by means of contacting ViviDream for said Suppliers.

 

Right of Use

The use of any trademarks, logos or brands present on the site is strictly forbidden.

 

Force Majeure

Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties’ control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognised by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.

In such circumstances, the party delayed or unable to perform (“Delayed Party”) shall notify the other party (“Affected Party”) within ten (10) business days following the date such events become known.

Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.

 

Partial Invalidity

These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.

 

Non-Waiver

No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof.

Data Protection

All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.

Applicable Law and Competent Jurisdiction

In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on ViviDream strictly imply the acceptance of ViviDream’s terms and conditions.

 In case of dispute or claim, the customer agrees to seek an amicable solution with ViviDream before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.

Nutritional Supplement Disclaimer

Our products are not intended to diagnose, treat, cure or prevent any disease. We recommend consulting a medical practitioner before taking any of our products, especially those taking prescription medication and pregnant or lactating women. Long-term use of these products should be supervised and monitored by a health care professional. Any information presented on this website is not to be taken as, or in place of medical advice. The statements on this website have not been evaluated by the Food and Drug Administration. This is a food supplement and must not be used as a substitute for a varied and balanced diet and healthy lifestyle. Suitable for vegans and vegetarians. Please keep all products out of reach of children. Store in a cool, dark place out of direct sunlight.

ViviDream and its associated companies are not licensed medical practitioners and do not guarantee any information to be accurate and up to date. Our products are used at the risk of the customer. Our recommendations both on and off site and through our media outlets are not guaranteed informational sources. We supply information to the best of our abilities and will not purposely misrepresent information for monetary gain. Regardless, medical reactions or interactions relating to our supplements or any information supplied on our site including: interactions and medical issues relating to our products are not guaranteed to be correct. These issues cannot be blamed on us or our associates by falsely misrepresenting information. The customer accepts 100% liability upon purchase.

ViviDream does not recommend anyone to use supplements against the advice of a doctor or to self-prescribe for known or assumed medical conditions. Using our products or information is done at the customers own risk and it is the customers responsibility to know the medical impacts and implications before taking our products. Mixing our products with other products or drugs must be evaluated by the customer and preferably, a licensed medical practitioner and it is not our responsibly to do so. Using recommended dosages stated by us is not to be represented as safe by our company.

Any legal implications to be a result of our products or information, is not the responsibility of our company. It is the customer’s responsibility to know their local state or federal laws before purchasing our products. Just because we ship to a country does not mean we accept it to be right to do so.  Using our information to break the law is not under the responsibly of ViviDream. Any legal penalties or fines are not our responsibly and are at complete liability to the customer. Financial losses incurred to the customer from purchasing our products or by breaking the law is not covered under our policy. This includes customs seizures if the country does not allow the product to be imported. Any trouble with the law that the customer experiences by using our information or products is not our company’s responsibility.

Dispute Resolution

These terms, and any dispute arising from the use of this site, will be governed by Law Courts of England and Wales without regard to its conflicts of laws provisions.

Feedback And Information

Any feedback you provide at this site shall be deemed to be non-confidential. ViviDream shall be free to use such information on an unrestricted basis.

The terms and conditions for this web site are subject to change without notice.

Copyright © 2014-2016 ViviDream All rights reserved.
ViviDream, 33 Harbour Street, Broadstairs, Kent, CT10 1EU United Kingdom

Updated by The ViviDream Legal Team on