VIVOBAREFOOT TERMS OF USE
1. GENERAL
1.1. Who we are. We are Vivobarefoot Ltd (“Vivobarefoot” / “we” / “us” “our”) a company registered in England and Wales (registration number 03474829). Our registered office address is 28 Britton Street, Farringdon, London, EC1M 5UE. Our UK VAT registration number is 704703658.
1.2. What we do. We own and operate the Vivobarefoot website vivobarefoot.com (“our website”) and sell footwear and other products to consumers (“goods”). We also provide access to content from our website via an integrated third-party e-learning platform (“Vivohealth Hub content”).
2. YOUR ACCEPTANCE
2.1. You are subject to these ToU. Your use of any part of our website (including any Vivohealth Hub content) is subject to the following legally binding terms (together with any other notice, disclaimer or waiver set out on our website or within any digital content):
2.1.1. Vivobarefoot’s Terms of Use;
2.1.2. Vivobarefoot’s Terms of Sale;
2.1.3. Vivobarefoot’s Privacy Policy;
2.1.4. Vivobarefoot’s Cookie Policy; and
2.1.5. Vivobarefoot’s Delivery and Returns Policy.
You acknowledge that the documents referenced above collectively form a legally binding agreement (the “ToU”).
Please read all components of the ToU carefully. By using any part of our website you will be deemed to have accepted these ToU in full and you agree to abide by them regardless of whether you have registered on our website. If you do not agree to these ToU, you must not use our website and you must leave our website immediately.
2.2. You. In these ToU “you” means the individual user accepting these ToU. If you are accepting these ToU on behalf of an organisation (being any company or other legal entity), then you represent and warrant that you have the authority to bind such organisation to these ToU.
2.3. These ToU may get updated. We may revise these ToU at any time by posting an update on this page. Your continued use of our website after any such change constitutes your acceptance of the new ToU and those terms will be binding on you. You should therefore check this page from time to time to review the current version of the ToU.
USE OF OUR WEBSITE
3. REGISTRATION AND ACCESS
3.1. Register for additional functionality. Certain functionality on our website is only available to registered users. To access additional functionality, you are required to register with us. By registering with us, you agree to provide accurate and complete profile information about yourself (including your organisation, if applicable) as prompted by the relevant registration form.
3.2. Access. Access to our website is permitted on a temporary basis, and we may withdraw or amend the services and information we provide on our website without notice. We will not be liable if for any reason our website (and any Vivohealth Hub content) is unavailable at any time or for any period. We may restrict access to some parts of the website to users who have registered with us.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. Ownership of intellectual property. Vivobarefoot is the owner or the licensee of all intellectual property rights in our website, and in all content published on our website (including any modifications made from time to time). Those works are protected by intellectual property rights laws and treaties around the world and Vivobarefoot and its licensors reserve all such rights.
4.2. The following is a list of Vivobarefoot registered (and unregistered) trade marks. You are not permitted to use them without first obtaining our prior written consent: Vivobarefoot Ltd, VIVOBAREFOOT, V VIVOBAREFOOT, VIVOBIOME, V (logo), PRO5 PROPRIO-PROTECTION, TERRA PLANA, TP TERRA PLANA, THERMAL PLANTAR-PROTECTION and VIVOBIOME. We may update this list from time to time.
4.3. No responsibility for third party websites. Where our website contains links to other sites and resources provided by third parties, these links are provided for your information purposes only. We have no control over the contents of those third party sites or resources and we accept no responsibility for them and to the extent permitted by applicable law we disclaim all liability for any loss or damage that may arise from your use of them.
4.4. User generated content. To the extent you post any user generated content to our website, you grant us a perpetual, irrevocable, royalty free, worldwide, transferable, assignable licence to use such content for any purpose.
5. DATA PROTECTION AND COOKIES
5.1. You agree to the terms of our Privacy and Cookie Policy. Vivobarefoot publishes a Privacy Policy (which you can access here) in addition to a Cookie Policy (which you can access here) (collectively, we refer to those policies as our “Privacy and Cookie Policy”) and we strongly recommend that you read and ensure you understand our Privacy and Cookie Policy.
5.2. We may process personal data. As a result of your use of our website, we will process personal data, however any personal data processed by us will only be processed in accordance with our Privacy and Cookie Policy.
6. USER STANDARDS.
6.1. Restricted activities. Except to the extent such activities are expressly permitted in these ToU, or otherwise prohibited from being restricted by applicable law, you shall not:
6.1.1. copy, reproduce, publish, distribute, combine, modify, create derivative works of, sell, resell, or in any way commercially exploit any part of our website;
6.1.2. link to our website in any way other than linking to our home page from a website that is owned by you: in a fair and legal manner; without damaging our reputation or taking advantage of that reputation; and only in a way which does not suggest any form of association, approval or endorsement of you or your website by Vivobarefoot, where none exists. We may withdraw this limited linking permission at any time without notice.
6.1.3. copy, frame or mirror any part of our website or access parts our of website to copy its features, functions, data or graphics, or attempt to gain access to third party data contained within our website;
6.1.4. reverse engineer, decompile, translate, disassemble or attempt to discover any source code or underlying ideas or algorithms in our website or the software (or any part of it) that is used to provide our website experience;
6.1.5. use our website in any manner which infringes any law or regulation or which infringes the rights of any third party under the laws of any jurisdiction;
6.1.6. post, link to or transmit through our website, any material, which is unlawful, or that contains a virus or other hostile computer program;
6.1.7. incorporate our website content as a core part of your own commercial activities;
6.1.8. use our website in a manner that gives access to mass downloads or bulk feeds of any of our website content;
6.1.9. publish or disseminate material that infringes or may infringe the rights (including intellectual property rights) of any individual, entity or other third party or that is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, that may cause annoyance or inconvenience or may restrict or inhibit the use of our website by any other user or that constitutes or encourages conduct which may be considered a criminal offence or give rise to any civil liability in any jurisdiction; and
6.1.10. undertake, facilitate, request or authorise any text or data mining or web scraping in relation to our website or any content or services provided through, or in relation to, our website without first obtaining our prior written consent.
7. VIVOHEALTH HUB
7.1. Functionality. Our website (via an integrated third party e-learning platform) provides functionality for you to access Vivohealth Hub content (as defined above).
7.2. Licence. You acknowledge that transactions for Vivohealth Hub courses constitute licences for digital content. By purchasing such content you acknowledge that you will not own the intellectual property rights in such digital content. The duration of any such licences shall be specified on our website at the time you seek to place your order (but in the event that no duration is specified, such licence shall be for 12 months only).
7.3. Revocation. In the event that any Vivohealth Hub content is requested to be removed from our website by any third-party licensor, or is removed due to the expiry or termination of any third party licencing arrangement, you acknowledge that your licence to access such Vivohealth Hub content will automatically expire and you will lose access to such Vivohealth Hub content.
7.4. Vivohealth Hub support services. If you require access to technical support services in relation to Vivohealth Hub content, please use the following contact details:
7.4.1. For questions related to your Vivohealth Hub account or login credentials, please contact support@inspire360.com. The Inspire360 support team is available Monday to Friday 07:00 to 16:00 PST.
7.4.2. For questions related to your licence purchase or the Vivohealth Hub course content itself, please contact customerservices@vivobarefoot.com
7.5. Exclusions and disclaimers. You acknowledge and agree that:
7.5.1. Vivohealth Hub content is for informational and/or entertainment purposes only. Such content is not intended to provide any healthcare and/or medical advice. Please seek the advice of an appropriately qualified healthcare or medical professional on: whether any given activity is safe and/or advisable for you; and your specific medical conditions, symptoms or circumstances.
7.5.2. we cannot guarantee the availability of the underlying third party e-learning platform which is provided “as is” and we exclude all liability for any downtime and/or unavailability you experience in attempting to access any Vivohealth Hub content;
7.5.3. Vivohealth Hub content is created by third party content providers and we are not responsible for (and exclude all liability in relation to) the contents of such Vivohealth Hub content;
7.5.4. we are not responsible for any interactions between you and the creators, presenters and/or content providers of any Vivohealth Hub content you’ve accessed via our website;
7.5.5. you represent and warrant that your access and use of any Vivohealth Hub content is at your own risk and (subject to clause 9) we shall have no liability for such use by you or any third party;
7.5.6. we do not warrant or represent that Vivohealth Hub content will not: (i) infringe any third party intellectual property rights or applicable law; (ii) be accurate; or (iii) be appropriate for a particular purpose or requirement;
7.5.7. you must comply with all applicable terms which you may be subject to directly with our third party e-learning platform providers and you warrant that you will not do anything to put us in breach of any third party terms;
7.5.8. you will not attempt to access Vivohealth Hub content if such content is prohibited or considered illegal in your jurisdiction;
7.5.9. in relation to digital Vivohealth Hub content only, you acknowledge that, if applicable, by purchasing (e.g. clicking or tapping the relevant purchase button) and initiating the downloading or streaming of the relevant Vivohealth Hub digital content, you are confirming that you want the digital content to be immediately credited to your account and that by doing so you are waiving any and all cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.
8. SECURITY
8.1. Do not share login credentials. If you are provided with or provide any of them, you must treat all login credentials and related authentication details as confidential, and you must not disclose them to any third party. We have the right to disable any user login credentials at any time, if in our opinion you have failed to comply with any of the provisions of these ToU. Accordingly you agree to:
8.1.1. maintain the security of your login credentials and be fully responsible for all use of our website made using your login credentials.
8.1.2. notify us immediately if you suspect or become aware of any unauthorised use of your login credentials or any other breach of our website’s security, by contacting us and providing details of the unauthorised use or other security breach; and
8.1.3. ensure that you log out of your account at the end of each session when using a public or shared device.
8.2. Do not hack or misuse our website. You must not misuse our website by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server(s) on which our website is hosted or any other server, computer or database connected to us. You must not attack our website via any form of denial-of-service attack. You are responsible for ensuring that any data (including user generated content) that you upload to our website does not contain any malicious content or technologically harmful material which could damage our website or systems or compromise our website. You acknowledge that by breaching this clause you may be committing a criminal offence.
8.3. Exclusions for viruses and hacking related events. To the fullest extent permissible by law, we will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
9. LIABILITY
9.1. General liability. Vivobarefoot does not in any way exclude or limit our liability for:
9.1.1. death or personal injury caused by our negligence;
9.1.2. fraud or fraudulent misrepresentation;
9.1.3. defective products under the Consumer Protection Act 1987;
9.1.4. liability that cannot be limited or excluded under applicable law.
9.2. Exclusion of liability for indirect or consequential loss. Subject to clause 9.1, if we fail to comply with these ToU, we may be responsible for loss or damage you suffer that is a foreseeable result of our breach of these ToU, however we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by both you and us at the time of entering into these ToU.
9.3. Additional exclusions. Subject to clause 9.1 and 9.2 Vivorbarefoot shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4. Exclusion of liability for errors or omissions. Subject to clause 9.1 and 9.2, we do not accept liability for any errors and omissions on our website (including within any Vivohealth Hub content) and reserve the right to change information, specifications and descriptions of goods at our sole discretion. We will do our best to correct errors and omissions as quickly as possible after being notified of them.
9.5. Unavailability. Access to our website (including any Vivohealth Hub content) is provided “as is” and may become be subject to downtime and/or unavailability without notice (whether temporarily or permanently) and you acknowledge that, subject to clause 9.1, Vivobarefoot shall not be liable in relation to such events. Your use of our website (including any Vivohealth Hub content) is at your own risk.
9.6. Non-commercial purposes only. We only supply goods for domestic and private use. You agree not to use our website (including any Vivohealth Hub content) for any commercial purposes.
9.7. Our maximum liability. Subject to clauses 9.1, 9.2, 9.3, 9.4, 9.5 and 9.6 our maximum liability arising out of or in connection with your use of our website and/or the Vivohealth Hub content (in each case whether in tort (including negligence), for breach of contract, misrepresentation, under an indemnity or otherwise) will be limited to one hundred pounds sterling (£100) unless we otherwise agree in writing.
9.8. Implied terms. To the fullest extent permitted by applicable law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by applicable law.
10. PIONEER PROGRAMME
10.1. Description. Vivobarefoot runs a footwear testing programme (the “Pioneer Programme”) where selected users chosen by Vivobarefoot at Vivobarefoot’s sole discretion (each a “Pioneer”) provide feedback to Vivobarefoot in relation to Vivobarefoot footwear. Any feedback provided by the Pioneer to Vivobarefoot under or in connection with the Pioneer Programme is referred to as “Pioneer Feedback”. Pioneers shall provide Pioneer Feedback by the means made available by Vivobarefoot from time to time as directed by Vivobareoot.
10.2. Benefits of Pioneer Programme. Subject to Pioneer’s compliance with these ToU (including for the avoidance of doubt this clause 10) Vivobarefoot shall use reasonable endeavours to provide selected Pioneers with access to certain Vivobarefoot footwear for the purpose of Pioneer’s provision of Pioneer Feedback under the Pioneer Programme.
10.3. Conditions of Pioneer Programme. Each Pioneer warrants and represents to Vivobarefoot that:
10.3.1. each Pioneer acknowledges that Vivobarefoot shall automatically own all intellectual property rights in all Pioneer Feedback. Upon receipt of a request from Vivobarefoot each Pioneer shall do, and execute or arrange for the doing and executing of, each reasonably necessary act and document that Vivobarefoot may consider necessary to give effect to this clause including assigning the title, with full title guarantee, to all present and future rights and interest in such Pioneer Feedback to Vivobarefoot. To the extent that any intellectual property rights in Pioneer Feedback does not automatically vest in Vivobarefoot, each Pioneer hereby grants to Vivobarefoot an irrevocable, perpetual, exclusive, royalty free, worldwide, transferrable, assignable, sub-licensable licence [TS1] [TS2] to use all Pioneer Feedback for any purpose (including but not limited to commercial purposes).
10.3.2. each Pioneer will (i) provide all Pioneer Feedback to Vivobarefoot within all deadlines communicated by Vivobarefoot; and (ii) use all reasonable efforts to attend Pioneer Programme related events and sessions communicated from time to time by Vivobarefoot;
10.3.3. each Pioneer agrees to have their feet scanned by Vivobarefoot (and/or Vivobarefoot’s applicable third-party technology providers) during the Pioneer Programme. Pioneer agrees that Vivobarefoot shall be entitled to access, retain and use all foot related data captured during the Pioneer Programme on a perpetual basis and use such data for any purposes (including commercial purposes) and to create new data derived from such raw data (provided no such data shall identify an individual Pioneer);
10.3.4. if Vivobarefoot has communicated to the Pioneer that Pioneer’s participation in the Pioneer Programme is contingent on payment of applicable fees to Vivobarefoot, the Pioneer shall pay such fees to Vivobarefoot in accordance with any payment terms notified by Vivobarefoot to the Pioneer. For the avoidance of doubt, if a Pioneer does not wish to make such payments, the Pioneer shall notify such preference to Vivobarefoot via the indicated communications method and the Pioneer will cease to be a Pioneer under the Pioneer Programme;
10.3.5. each Pioneer acknowledges that Vivobarefoot (at Vivobarefoot’s sole discretion) is entitled to request the Pioneer to return any Vivobarefoot footwear provided to Pioneer under the Pioneer Programme and upon receipt of such request from Vivobarefoot the Pioneer shall as soon as reasonably practical comply with such request and return all applicable Vivobarefoot footwear to Vivobarefoot in accordance with Vivobarefoot’s instructions;
10.3.6. each Pioneer acknowledges that depending on the success of the Pioneer Programme Vivobarefoot shall be entitled to increase or decrease (at Vivobarefoot’s sole discretion) (i) the duration of each Pioneer’s access to the Pioneer Programme; and/or (ii) the number of pairs of Vivobarefoot footwear provided to a Pioneer under the Pioneer Programme;
10.3.7. each Pioneer acknowledges that Vivobarefoot retains ownership and all title in any footwear provided to Pioneer under the Pioneer Programme. Notwithstanding anything to the contrary (including for the avoidance of doubt clause 5.4 (Title) of the Vivobarefoot Terms of Sale, Pioneer acknowledges that any payment made by Pioneer relating to the Pioneer Programme is a payment to access to the Pioneer Programme, and not a payment for any title in any Vivobarefoot footwear. Vivobarefoot reserves the right (at Vivobarefoot’s sole discretion) to notify individual Pioneers that they may retain the Vivobarefoot footwear upon completion of the Pioneer Programme in which case Vivobarefoot shall notify such Pioneer in writing in relation to passing of title in such Vivobarefoot footwear from Vivobarefoot to the Pioneer; and[TS3] [TS4]
10.3.8. access to the Pioneer Programme is conditional on the Pioneer agreeing to certain terms (including third party-terms) which shall be notified to Pioneer during the Pioneer Programme registration process. Pioneer acknowledges that such third-party terms are entered into between the Pioneer and the applicable third-party and that Vivobarefoot is not a party to such third-party terms nor is Vivobarefoot responsible or liable to Pioneer for any third-party act or omission (including any functionality related to NFTs) under those third-party terms to the maximum extent permitted under applicable law.
10.4. Pioneer Programme refunds. Notwithstanding clause 6 of Vivobarefoot’s Terms of Sale (Cancellation, Return and Refund), Vivobarefoot’s 100 day hassle free refund policy does not apply to the Pioneer Programme. A Pioneer who has paid to access the Pioneer Programme may request a refund up until their have had their feet scanned under the Pioneer Programme. However each Pioneer acknowledges that by having their feet scanned under the Pioneer Programme, personalised goods shall be created and therefore the Pioneer shall no longer be entitled to request or receive a refund for any fees paid to access the Pioneer Programme.
10.5. Termination of Pioneer. Upon provision of written notice to a Pioneer, Vivobarefoot is entitled (at Vivobarefoot’s sole discretion) to terminate at any time for any reason: (i) the Pioneer Programme itself; and/or (ii) a Pioneer’s participation in the Pioneer Programme.
11. GENERAL
11.1. Headings. Note that clause headings and sub-headings shall not affect the interpretation of these ToU.
11.2. No rights for third parties. These ToU (and any Contract between you and us) do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these ToU, except as expressly set out in these ToU.
11.3. Assignment. You will not assign, novate or transfer any of your rights or your obligations under these ToU to another person or entity unless we have given our prior written consent.
11.4. Entire Agreement. These ToU including any documents explicitly referenced within these ToU constitute the entire agreement between you and us. You agree that you have not relied on any statement or information in entering into these ToU which is not set out therein. If there is any conflict between these ToU and any documents and any documents expressly referred to within these ToU, you acknowledge that these ToU shall prevail and take precedence.
11.5. Severance. If any provision or part-provision of these ToU is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these ToU.
11.6. Governing law and jurisdiction. These ToU and any dispute or claim arising out of these ToU and any Contract (including any non-contractual disputes and claims) shall be governed by and construed in accordance with the laws of England and subject to the exclusive jurisdiction of the courts of England.
12. CONTACT US
12.1. How we may contact you. If we need to contact you, we may do so using the contact details you provided upon registration with us.
12.2. Vivobarefoot’s contact details. If you have any concerns, questions, comments or requests regarding these ToU or any document referred to within these ToU, please contact our customer services team using the following details:
UK, US, Europe & Rest of World: Monday to Saturday (8am to 2am GMT)
Email: customerservices@vivobarefoot.com
UK: +44 0207 048 0600
US: +1 855 719 2092
Chat: UK - Monday to Friday (09:00 to 22:00) // Germany - Monday to Friday (08:00 to 17:00)
Germany: Monday to Saturday (08:00 to 17:00 GMT)
Email: kundenservice@vivobarefoot.com
Phone: +49 (0) 800 4455774 (UK number, carrier rates apply)
For customers calling, please note that our customer service is only available in English and German. Please note: Normal carrier rates apply to calls placed outside of these countries
VIVOBAREFOOT TERMS OF SALE
1. GENERAL
1.1. Who we are. We are Vivobarefoot Ltd (“Vivobarefoot” / “we” / “us” “our”) a company registered in England and Wales (registration number 03474829). Our registered office address is 28 Britton Street, Farringdon, London, EC1M 5UE. Our UK VAT registration number is 704703658.
Definitions. Certain words and phrases used in these ToS are defined in Vivobarefoot’s Terms of Use here (which you acknowledge you have read and agreed to).
2. YOUR ACCEPTANCE
2.1. You are subject to these ToS. Any purchases you make with us via our website are subject to the these legally binding Terms of Sale (“ToS”) (together with any other notice, disclaimer or waiver set out on our website or within any digital content).
Please read these ToS carefully. Purchases made via our website are subject to these ToS and you agree to abide by them. If you do not agree to these ToS, you must not make any purchases via our website.
2.2. You. In these ToS “you” means the individual user accepting these ToS. If you are accepting these ToS on behalf of an organisation (being any company or other legal entity), then you represent and warrant that you have the authority to bind such organisation to these ToS.
2.3. Updates to these ToS. We may revise these ToS by posting an update on this page. All purchases made from the date that the revised ToS are published on our website will be governed by the revised ToS. You should therefore check this page from time to time to review the current version.
3. ORDERING
3.1. Ordering. By placing an order with us for any goods and/or services, you will be offering to conclude a Contract (as defined below) with us which will incorporate and be subject to these ToS. Before submitting your order, please ensure that you have read these ToS carefully. If you are unsure about any part of these ToS, please contact us for clarification.
3.2. Order Confirmations. We have sole discretion over whether to accept any orders placed via our website. If we accept your order, we will email you to confirm our acceptance (that email being the “Order Confirmation”). If we accept your order, a legally binding contract between us and you (the “Contract”) will be formed. The Order Confirmation will contain all relevant information concerning your order. You should ensure that the details in the Order Confirmation are correct and you should retain and/or print a copy of it.
3.3. Accuracy and processing of your data. You warrant that all details you provide to us for the purpose of ordering or purchasing goods and/or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of such goods and/or services ordered. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible. We will process information provided by you in accordance with our Privacy and Cookie Policy. By placing any order with us, you consent to such processing.
4. PRICE AND PAYMENT
4.1. Prices. The prices of goods and services will be displayed on our website at the time of your order. We reserve the right to change prices at any time provided these changes will not affect any orders that we have already accepted via an Order Confirmation.
4.2. Price discrepancies. We use reasonable endeavours to ensure that the prices displayed on our website are correct. Notwithstanding the foregoing sentence, we will check prices when we process your order. If (due to mistake or otherwise) the correct price for the relevant goods and/or services is lower than the price stated in your order, you will be charged at the lower price. However if the correct price for the goods and/or services is higher than the price stated in your order, we will contact you to inform you and ask if you wish to proceed with your order at the higher price.
4.3. VAT. All prices include VAT at the applicable rate. If the rate of VAT changes between the date of your order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes to VAT will not affect any prices where we have already received payment in full from you.
4.4. Delivery costs. Our prices exclude the cost of delivery. For details of our delivery costs please see our Deliveries and Returns policy. Delivery costs will be added on the final sum due and will be displayed to you during the check-out process, before you confirm your order.
4.5. Payment in advance is required. All payment for goods must be made in advance before we will despatch the goods. Credit and debit cards will be charged upon notification of the Order Confirmation).
4.6. Payment methods. We accept payment by the payment methods set out in our website at the time you seek to place your order. Payments by credit or debit card are made via our payment processing service provider. Please note that we do not accept Discover Cards as a method of payment.
4.7. Klarna. In the United Kingdom only, in addition to the payment methods set out above, we also implement Klarna functionality. This means that in cooperation with Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden), we offer you the following Klarna payment options: (i) Pay later; and Pay in 3. Payments made using Klarna are made directly to Klarna. Further information about Klarna including Klarna’s user-facing Terms for Shopping Service can be found here. General information about Klarna can be found here. You acknowledge that payments made using Klarna will involve the processing of your personal data in accordance with applicable data protection law and in accordance with Klarna’s own privacy notice.
5. DELIVERY, TITLE AND RISK
5.1. Delivery dates. We endeavour to ensure the shipment of all in-stock physical goods to UK destinations within 2 business days. However, you acknowledge that in-stock physical goods are despatched the next business day after we have issued the Order Confirmation. Notwithstanding the foregoing, please note that some styles may take up to 28 days to deliver depending on shipping location.
5.2. Out of stock goods. Your order may be delayed if an item is out of stock. You acknowledge that the current stock status displayed on our website is approximate and some items may be out of stock even if the stock status on our website indicated otherwise. If the goods are out of stock and we are unable to re-stock (for example, if the goods are discontinued) we reserve the right to cancel your order and refund any payment within 7 business days. If we do cancel your order, the cancellation will be confirmed by us in writing.
5.3. Time is not of the essence. Notwithstanding anything to the contrary any stated dates and times for delivery are estimates only and time will not be of the essence of the Contract. Goods will be sent to the address provided by you in your order and as stated in the Order Confirmation. Please note that goods may be sent in instalments.
5.4. Title. Title to goods will not pass to you until we have received payment in full for those goods and the goods have been successfully delivered to you.
5.5. Import taxes. If your delivery address is outside of the United Kingdom the goods may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional duties, taxes or charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country. If your delivery address is outside of the United Kingdom we advise you to contact your local customs office for further information.
5.6. Customs inspections. If your delivery address is outside of the United Kingdom you should note that international shipments may be subject to opening and inspection by customs authorities. We are not responsible for any damage to the packaging of goods caused by such inspections.
6. CANCELLATION, RETURN AND REFUND
6.1. Hassle free refund. We are confident that after experiencing the joys of natural foot freedom, your feet will not want to go back to 'normal' shoes. However, if you change your mind within 100 days of receipt of your goods, you can return your shoes for a full, hassle free refund. Notwithstanding anything to the contrary this hassle free refund right does not apply to any Vivohealth Hub purchases.
6.2. Exchanging sizes. We cannot exchange the size or style of your shoes. You will need to create a return for the goods which you have received and also create a new order on our website.
6.3. Third party retailers. If you bought any Vivobarefoot goods via an independent store or website, please contact them directly for their return policy.
6.4. UK and EU consumers. If you are a consumer in the UK or the European Union:
6.4.1. You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out in clause 6.4.2 below. This means that during the relevant period, if you change your mind or decide for any other reason that you do not want to receive or keep any goods, you can notify us of your decision to cancel the Contract and receive a refund. This right of cancellation is in addition to your rights in relation to faulty or wrongly-delivered goods. This is your statutory right of cancellation of the Contract.
6.4.2. Your statutory right to cancel a Contract starts from the date on which we e-mail you the Order Confirmation, which is when the Contract between us is formed. Your statutory deadline for cancelling the Contract is 14 calendar days after the day on which you receive the relevant goods. If you order multiple goods in one order but some goods are delivered on different days, your statutory cancellation period ends at the end of 14 days after the day on which the last of the goods were delivered.
6.4.3. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete and return to us the cancellation form provided with the goods. You can also contact our Customer Services team at customerservices@vivobarefoot.com or by telephone on +44 (0) 207 0480600 between Monday to Sunday (10:00am – 8:00pm).
6.5. Consumers outside the UK and EU. If you are a consumer outside of the UK or European Union:
6.5.1. If you wish to cancel any Contract, you first must contact our Customer Services team at customerservices@vivobarefoot.com or by telephone on +44 (0) 207 0480600 between Monday to Sunday (10:00am – 8:00pm).
6.6. What happens if you cancel. If you cancel your Contract or return goods to us we will:
6.6.1. Refund you the price you paid for the goods. We are permitted by law to reduce your refund to reflect any reduction in the value of the goods (for example if you have damaged the goods and/or packaging the refund value may be adjusted accordingly).
6.6.2. Refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive method we offer (provided that this is a common and generally acceptable method).
6.6.3. Make any refunds due to you as soon as possible and no later than 14 days from the day on which we receive your communication that you are cancelling your Contract.
6.6.4. If goods are faulty or wrongly-delivered, we will refund the price of the goods in full, together with any applicable delivery charges. We will also either collect the goods from you free of charge or refund any reasonable costs you incur in returning the goods to us.
6.6.5. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the goods, we may refund you in vouchers. If you paid using Klarna, please refer to the Klarna website here: https://www.klarna.com/uk/customer-service/how-long-do-refunds-take/
6.7. What if goods have been delivered before you decide to cancel. If any goods have been delivered before you decide to cancel your Contract:
6.7.1. Then you must return the goods to us without undue delay and in any event not later than 14 days after the day on which you let us know you wish to cancel your Contract.
6.7.2. Unless the goods are faulty or not as described, you will be responsible for the cost of returning the goods to us.
6.8. Consumers may have additional statutory rights. As a consumer, you have legal rights in relation to goods that are faulty or not as described. These legal rights are not affected by your right to return or refund in this clause 6 or elsewhere in these ToS (including the policies referred to within these ToS).
6.9. Governing law and jurisdiction. These ToS (and any Contracts for goods created in accordance with these ToS) and any dispute or claim arising out of these ToS and any Contract (including any non-contractual disputes and claims) shall be governed by and construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.
7. CONTACT US
7.1. How we may contact you. If we need to contact you, we may do so using the contact details you provided upon registration with us.
7.2. Vivobarefoot’s contact details. If you have any concerns, questions, comments or requests regarding these ToS or any document referred to within these ToS, please contact our customer services team:
7.2.1. using the “Contact Us” form on our website;
7.2.2. via email at customerservices@vivobarefoot.com;
7.2.3. by telephone on +44 (0) 207 048 0600, Monday to Sunday (10.00am – 8.00pm).
8. VIVOBAREFOOT E-GIFT VOUCHERS
8.1. Vivobarefoot E-Gift vouchers are available for purchase on our UK site only.
8.2. You may exchange Vivobarefoot E-Gift vouchers, to the value indicated, wholly or partly for items listed on our website (www.vivobarefoot.com). Vivobarefoot E-Gift vouchers cannot be redeemed or exchanged in physical stores.
8.3. Vivobarefoot E-Gift Vouchers including unused portions of our gift vouchers, expire one year from the date of issue.
8.4. Vivobarefoot E-Gift Vouchers cannot be exchanged for cash or for goods already supplied or ordered.
8.5. If your order exceeds the value of the Vivobarefoot E-Gift Voucher, the balance must be paid with an alternative payment method.
8.6. If you return an item supplied in exchange for a Vivobarefoot E-Gift Voucher, we will credit your Vivobarefoot E-Gift Voucher account with the value of the item. No cash refunds will be given.
8.7. E-Gift Vouchers cannot be refunded after 14 days from the date of purchase or at any time after redemption of an E-Gift Voucher.
8.8. There is a buying limit of three E-Gift Vouchers per person.
8.9. You cannot use a Vivobarefoot E-Gift Voucher to purchase additional Vivobarefoot E-Gift Vouchers.
8.10. Our ToS apply to items supplied in exchange for Vivobarefoot E-Gift vouchers.
8.11. Vivobarefoot E-Gift vouchers will be sent to the email address of the person who is receiving the voucher – please make sure they’ll be happy to hear from us.
9. PROMOTION SPECIFIC TERMS AND CONDITIONS
9.1. Promotional codes. The following general terms and conditions relating to promotional code redemptions (“Codes”) are set out below:
9.1.1. Codes will be valid on full priced products only, unless stated differently on the code offer.
9.1.2. Codes cannot be used in conjunction with any other promotion or discount codes.
9.1.3. Codes are valid online on the Vivobarefoot.com website (except for Switzerland, Austria, Canada, Czech Republic, Australia and New Zealand sites). Codes are not valid in any of our concept stores.
9.1.4. Codes have an expiration date and are only valid during the timeframe communicated.
9.1.5. Price adjustments cannot be made on orders placed prior to receiving the discount.
9.1.6. Some codes might require customers to be logged in to their account/or create one to be able to redeem the code/offer.
9.1.7. If Vivobarefoot (acting reasonably) suspects any errors and/or mistakes (whether human or technical); or malicious and/or fraudulent activities relating to any Codes, then notwithstanding anything to the contrary, Vivobarefoot is entitled to immediately invalidate Codes and cancel orders and Order Confirmations to which such Codes may have been applied
10. VIVOHEALTH HUB
10.1. Notwithstanding anything to the contrary you acknowledge that transactions for Vivohealth Hub courses constitute licences for digital content. By purchasing such content you acknowledge that you will not own the intellectual property rights in such digital content. Consequently, you acknowledge that clause 5.4 above (title) does not apply to Vivohealth Hub digital content.
10.2. Notwithstanding anything to the contrary, in relation to digital Vivohealth Hub content only, you acknowledge that, if applicable, by purchasing (e.g. clicking or tapping the relevant purchase button) and initiating the downloading or streaming of the relevant Vivohealth Hub digital content, you are confirming that you want the digital content to be immediately credited to your account and that by doing so you are waiving any and all cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.
10.3. Additional terms apply in relation to Vivohealth Hub – please refer to the Vivobarefoot Terms of Use.
11. PRE-ORDER
11.1. We may make the functionality available for you to order products which will become available at a later date. Each order of this type is a “Pre-Order”.
11.2. Pre-Orders will only be available to you if you use our shop in our UK and International Stores (but not Canada). Pre-orders are not valid in any of our concept stores.
11.3. When you place a Pre-Order, we take payment for that Pre-Order at the time it is placed and the money will be taken from your bank account at the point of sale and otherwise in accordance with these Terms of Sale [DL1].
11.4. In addition to the rights of refunds in our Terms of Sale, refunds for Pre-Orders will be available for 14 days from day after you receive our Order Confirmation for the Pre-Order. following the placement of the Pre-Order.
11.5. Once the Pre-Order has been shipped, a customer will be able to request a refund in the same as a standard order in accordance with these Terms of Sale.
11.6. You can place a Pre-Order using E-Gift vouchers and Codes in the same way a standard order is processed.
11.7. You will be able to purchase multiple products of the same style and colour in the same Pre-Order.
11.8. You will not be able to purchase in the same order products that are in stock and products that are available for Pre-Order. Please place a separate order for in stock items.
11.9. You will not be able to purchase in the same order two different products that are both available for Pre-Order.
11.10. You will not be able to purchase in the same Pre-Order, multiples of the same product but in different colours.
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