Terms of service
Welcome to VIVENTAE. The terms “we”, “us” and “our” refer to VIVENTAE. VIVENTAE operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a shopping experience (the “Services”). VIVENTAE is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use our Services.
Please read these Terms of Service carefully before accessing or using our website or purchasing products from us. By accessing or using any part of the Services, you agree to these Terms of Service and our applicable policies.
Nothing in these Terms affects any mandatory rights that consumers have under applicable Belgian or European Union law.
ACCESS AND ACCOUNT
By using our Services, you confirm that you have the legal capacity required to enter into a purchase agreement or that you are acting with the required permission of your legal representative.
To use certain parts of the Services or place an order, you may be asked to provide information such as your email address, billing information, payment information and shipping information.
You agree to provide information that is accurate, current and complete.
If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activities carried out through your account.
OUR PRODUCTS
We make reasonable efforts to describe and display our products as accurately as possible. However, product packaging, colours or appearance may differ slightly from what is displayed on your screen.
Product descriptions, compositions and other product information are provided on the relevant product pages. Always read the product label and instructions before use.
Information provided through our website concerning food supplements is intended for general informational purposes and does not replace professional medical advice.
Food supplements should not be used as a substitute for a varied and balanced diet and a healthy lifestyle.
Recommended daily doses should not be exceeded.
If you have a medical condition, are pregnant or breastfeeding, use medication or have questions about whether a food supplement is suitable for you, you should seek appropriate professional advice and consult a doctor.
We may change our product range, product descriptions or availability where reasonably necessary, provided this does not affect orders already concluded except where permitted by law.
ORDERS
When you place an order through our webshop, you submit an order for the products in your shopping cart.
After placing your order, you will receive an electronic confirmation.
We reserve the right to refuse or cancel an order where there is a legitimate reason to do so, for example in the event of suspected fraud, an obvious pricing or product-information error, payment problems or unavailability of the ordered product.
If an order that has already been paid cannot be fulfilled, any amount due to you will be refunded in accordance with applicable law.
Please check the information in your order carefully before submitting it.
Purchases, returns and refunds are also subject to our Return and Refund Policy, which forms part of these Terms where applicable.
Products purchased through our consumer webshop are intended for personal or household use unless otherwise agreed.
PRICES AND PAYMENT
The prices applicable to an order are the prices displayed when the order is placed.
Unless expressly stated otherwise, prices displayed to consumers include applicable VAT.
Any applicable shipping costs or other additional charges will be clearly communicated before you place your order.
Before confirming your order, you will be given the opportunity to review the total price.
Payment can be made using the payment methods offered during checkout.
You agree to provide accurate and complete billing and payment information.
Promotions and discount codes may be subject to additional conditions. Unless otherwise stated, promotions cannot be combined.
SHIPPING AND DELIVERY
Orders are delivered using the delivery methods offered during checkout.
Available delivery options, shipping costs and any applicable free-shipping conditions are displayed on our website and/or during checkout.
We aim to process and deliver orders within the delivery times communicated on our website. Delivery times indicated on our website are estimates unless a specific delivery time has expressly been agreed.
We will fulfil orders within the period required under applicable consumer law unless another delivery period has been agreed with you.
Where VIVENTAE offers or selects the carrier, the risk of loss of or damage to the products remains with VIVENTAE until you, or a third party designated by you other than the carrier, physically receive the products.
Where you independently appoint a carrier that was not offered by us, the transfer of risk will be determined in accordance with applicable law.
You are responsible for providing a correct and complete delivery address and, where applicable, selecting the correct collection point.
Additional information regarding shipping and delivery can be found in our Shipping Policy.
RIGHT OF WITHDRAWAL, RETURNS AND REFUNDS
Consumers may have a statutory right to withdraw from a distance contract within 14 days without giving a reason, subject to the conditions and exceptions provided by applicable law.
The withdrawal period generally expires 14 days after the day on which you, or a third party designated by you other than the carrier, physically receive the goods.
Certain statutory exceptions to the right of withdrawal may apply.
In particular, where applicable under Belgian and European law, the right of withdrawal may not apply to sealed goods which are not suitable for return for reasons of health protection or hygiene if they have been unsealed after delivery.
This exception is not intended to remove any rights you may have where a product is defective, damaged, incorrectly supplied or otherwise not in conformity with the contract.
Detailed instructions regarding withdrawal, returns, return costs and refunds are provided in our Return and Refund Policy.
LEGAL GUARANTEE
Consumers benefit from the mandatory legal guarantee and conformity rights provided by applicable Belgian and European consumer law.
These statutory rights are not excluded or restricted by these Terms.
If you believe a product is defective, damaged, incorrectly supplied or otherwise not in conformity with the purchase agreement, please contact us using the contact details provided below.
INTELLECTUAL PROPERTY
The content of our Services, including our brand name, logos, texts, photographs, graphics, product information, designs and other content, may be protected by intellectual property rights belonging to VIVENTAE or to third parties who have authorised their use.
Unless permitted by applicable law or with our prior permission, you may not reproduce, distribute, modify, republish or commercially exploit protected content from our Services.
Nothing in these Terms transfers any intellectual property rights to you.
Shopify’s names, logos and other protected materials remain the property of Shopify or its respective rights holders.
OPTIONAL TOOLS AND THIRD-PARTY SERVICES
Our website may provide access to tools, applications, payment services, shipping services or other functionality supplied by third parties.
Your use of certain third-party services may also be subject to the terms and privacy policies of those third parties.
To the extent permitted by applicable law, we are not responsible for services provided independently by third parties.
Nothing in this section excludes responsibilities that VIVENTAE cannot legally exclude in relation to your purchase from us.
THIRD-PARTY LINKS
Our Services may contain links to third-party websites.
We do not control independent third-party websites and are not responsible for their content, availability or practices.
If you choose to visit a third-party website, we recommend reviewing its applicable terms and privacy policy.
Nothing in this section limits any mandatory rights you have against VIVENTAE in relation to products purchased directly from us.
RELATIONSHIP WITH SHOPIFY
VIVENTAE is powered by Shopify, which provides the e-commerce infrastructure that enables us to provide our online Services.
However, purchases made from our store are made directly between you and VIVENTAE. VIVENTAE is the seller responsible for its own products and sales to customers.
Shopify is not the seller of VIVENTAE products.
PRIVACY
Personal data collected through our Services is processed in accordance with our Privacy Policy and applicable data-protection legislation, including the General Data Protection Regulation (GDPR) where applicable.
Because our webshop is hosted using Shopify, certain personal data may be processed by Shopify and other service providers that help us operate our webshop, process payments, fulfil orders or provide other necessary services.
For further information about the personal data we collect, why we process it, with whom it may be shared and your rights, please consult our Privacy Policy.
REVIEWS AND FEEDBACK
If you voluntarily provide a review, suggestion or other feedback to us, you confirm that you have the right to provide that content.
You may not submit content that is unlawful, misleading, defamatory, infringing, abusive or otherwise violates the rights of another person.
Where permitted by law, you grant us the rights reasonably necessary to display and use feedback or reviews that you voluntarily submit in connection with our business and Services.
Any processing of personal data associated with reviews or feedback remains subject to applicable data-protection law.
ERRORS, INACCURACIES AND OMISSIONS
We make reasonable efforts to ensure that information on our website is accurate.
Occasionally, information may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, availability, prices, promotions or shipping information.
We may correct such errors or update information where appropriate.
Nothing in this section permits us to disregard a binding agreement or mandatory consumer rights where applicable law provides otherwise.
PROHIBITED USES
You may use our Services only for lawful purposes.
You may not use the Services to violate applicable laws or the rights of others, infringe intellectual property rights, transmit malicious software, attempt to gain unauthorised access to systems, collect personal data unlawfully, commit fraud, send unlawful spam or interfere with the security or proper functioning of our website.
We may restrict or terminate access to our Services where reasonably necessary in response to unlawful or abusive use, subject to applicable law.
TERMINATION
You may stop using our Services at any time.
We may suspend or terminate access to certain Services where reasonably necessary, including in cases of unlawful use, fraud, security threats or material breaches of these Terms.
Termination does not affect rights and obligations arising from purchases already concluded or any rights that must continue under applicable law.
DISCLAIMER
We make reasonable efforts to keep our website available, secure and accurate. However, we cannot guarantee that the website will always operate without interruption or technical errors.
General information available through our website is not intended to replace professional advice where such advice is appropriate.
Nothing in these Terms excludes, restricts or affects mandatory rights, statutory guarantees or remedies to which consumers are entitled under applicable Belgian or European law.
LIMITATION OF LIABILITY
To the extent permitted by applicable law, VIVENTAE is not liable for losses resulting exclusively from circumstances outside our reasonable control or from misuse of our Services or products contrary to the information or instructions supplied.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
Nothing in these Terms excludes, restricts or affects mandatory consumer rights under Belgian or European law.
SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the extent permitted by applicable law.
Where necessary, the affected provision will be severed without affecting the validity and enforceability of the remaining provisions.
WAIVER AND ENTIRE AGREEMENT
A failure by us to exercise a right under these Terms does not automatically constitute a waiver of that right.
These Terms, together with the policies and information expressly incorporated into them, govern the use of our Services and purchases made through our webshop.
Mandatory legal rights remain unaffected.
ASSIGNMENT
You may not transfer contractual rights or obligations where such a transfer would be contrary to the agreement or applicable law.
VIVENTAE may transfer rights or obligations where permitted by applicable law, provided that such a transfer does not reduce your mandatory consumer rights.
GOVERNING LAW AND DISPUTES
These Terms and agreements concluded through our Services are governed by Belgian law, without prejudice to mandatory consumer-protection rules that may apply to you.
Any dispute will be submitted to the courts having jurisdiction under applicable law.
Nothing in these Terms deprives a consumer of mandatory protections or rights relating to jurisdiction that apply under Belgian or European Union law.
CHANGES TO THESE TERMS
The most recent version of these Terms can be viewed on our website.
We may update these Terms when reasonably necessary, for example because of changes to our Services, business operations or applicable legislation.
Changes will not retroactively reduce rights arising from an order already concluded unless permitted by applicable law.
Where required by law, we will provide appropriate notice of material changes.
CONTACT INFORMATION
Questions regarding these Terms of Service can be sent to:
VIVENTAE
Torfveld 7
2360 Oud-Turnhout
Belgium
Email: viventae.be@gmail.com
Telephone: +32 4 83 36 19 78
Enterprise number: 1033925374
VAT number: BE1033925374