- The owner of this web-site is VIVOBAREFOOT Ltd. A company registered in England and Wales under Registration number 03474829. Our registered office address is 28 Britton Street, Farringdon, London, EC1M 5UE. Vat Registration number is 704703658
- By placing an order with us for Goods, you will be offering to conclude a contract with us on these Terms and Conditions. Before submitting your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please contact us for clarification.
- We do not have to accept any orders placed through the Website otherwise. If we accept your order, we will email you to confirm acceptance (that email being the ‘Order Confirmation’) When 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 are correct and you should print and keep a copy of it.
Price and Payment
- The price of the Goods will be that shown on the Website at the time of your order. Our prices may change at any time but these changes will not affect any orders that we have already accepted.
- We have tried to ensure that our prices, aa shown on the Website are correct. Prices will be checked when we process your order. If the actual price of the Goods is lower than that stated in your order, you will be charged at the lower price. If the actual Price of the Goods is higher than that stated in your order, we will contact you to inform you and ask how you wish to proceed.
- All prices include VAT. 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.
- 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 advised to you during the check-out process, before you confirm your order.
- All payment for Goods must be made in advance before we can despatch the Goods to you. Credit and Debit cards are debited on placing your order.
- We accept payment by Visa Debit, Visa, MasterCard and American Express. (In each case via our payment processing service provider Sage Pay). Credit and/or Debit cards will not be charged until the order is confirmed. Please note that we do not accept Discover Cards as a method of payment.
Delivery / Title / Risk
- We try to ensure the shipment of all in-stock items to UK destinations within two working days. However, in-stock are despatched the next working day after we have issued the Confirmation of Order. Please note that some styles may take up to 28 days to deliver depending on shipping location.
- Your order may be delayed if an item is not in stock. The current stock status displayed on the Website is approximate and some item may be out of stock. If the Goods are no longer in stock and we are unable to re-stock (if, for example, the goods are discontinued) we may cancel your order and refund any payment within 7 working days. If we cancel your order, the cancellation will be confirmed by use in writing.
- Any times for delivery are estimates only and time will not be of the essence of the Contract. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that Goods may be sent in instalments.
- Title to Goods will pass to you once we have received payment in full for those Goods.
- If your delivery address is outside of the United Kingdom the Goods may be subject to important 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 contact your local office for further information.
- 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.
Cancellation, Return and Refund
If you are a consumer in the UK or the European Union:
- 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 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.
- Your legal 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 deadline for cancelling the Contract is 14 calendar days after the day on which you receive the Goods.
- 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 the cancellation form provided with the Goods. You can also contact our Customer Services team at [email protected] by telephone on +44 (0) 207 0480600. (Mon-Fri) 9:00am – 5:00pm, (Sat) 8:30am – 1:00pm.
If you are a consumer outside of the UK or European Union:
- If you wish to cancel any Contract, you must contact our Customer Services team at [email protected] by telephone on +44 (0) 207 0480600. (Mon-Fri) 9:00am – 5:00pm, (Sat) 8:30am – 1:00pm.
- We're confident that after experiencing the joys of natural foot freedom, your feet won't want to go back to 'normal' shoes. However, if you change your mind within 100 days, you can return your shoes for a full, hassle free refund.
- We cannot exchange the size or style of your shoes. You will need to create a new order on VIVOBAREFOOT.com.
- If you bought your VIVO’s via an independent store or website, please contact them directly for their return policy.
If you cancel your Contract or return Goods to us we will:
- Refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
- 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)
- Make any refunds due to you as soon as possible.
- 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.
- 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 any Goods have been delivered before you decide to cancel your Contract:
- 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.
- Unless the Goods are faulty or not as described, you will be responsible for the cost of returning the Goods to us.
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 the clauses above, our Deliveries and Returns Policy or anything else in these Terms and Conditions.
Use of the Website
- Access to the Website is permitted on a temporary basis, and we may withdraw or amend the services and information we provide on the Website without notice. We will not be liable if for any reason the Website 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.
- If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
- You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
- We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on the website for commercial purposes without obtaining a licence to do so from us or our licensors.
- You may link to the homepage of the Website, provided you do so in such a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. We reserve the right to withdraw linking permission without notice.
- If you wish to make any use of material on the Website other than that is set out above, please address your request to [email protected]
- Where the Website contains links to other sites and resources provided by third partis, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Access to the Website is provided ‘as is’ and your use of the website is at your own risk.
- You may use the Website only for lawful purposes. You may not use the website:in any way that breached any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purposes or effect.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; or
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any form of similar solicitation (spam)
- You must not misuse the Website by knowingly introducing viruses, Trojans or any other malicious items. You must not attempt to gain unauthorised access to the website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
- 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 the Website or to your downloading of any material posted on it, or on any website linked to it.
- We only supply the Goods for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Subject to clause 3 (use of website), if we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but 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 you and us at the time of the Contract.
- Subject to clause 3 (use of website), we do not accept liability (except as set out below) for any errors and omissions on the Website and reserve the right to change information, specifications and descriptions of Goods as required. We will do our best to correct errors and omissions as quickly as possible after being notified of them.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- defective products under the Consumer Protection Act 1987.
- Access to the Website is provided “as is” and your use of the Website is at your own risk. To the fullest extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, under the common law, or otherwise and any liability for any indirect or consequential loss or damage incurred by you in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, however caused.
Other Important Terms
- The Contract is between you and us. It is not intended to benefit any other person in any way and no such person or party will be entitled to enforce any provision of the Contract.
- You may not transfer your obligations and rights under the Contract without our express written permission.
- We may amend these Terms and Conditions from time to time, and place the new version on the Website. When we do so, we will mention the fact on the home page of the Website. All purchase from the date that the amended Terms and Conditions are placed on the Website will be governed by those Terms and Conditions.
- The Contract contains the entire agreement between you and us relating to your purchase of any Goods to the exclusion of all other terms and any previous agreements, correspondence or understanding between us.
- If any provision (or part of any of the provision) of the Contract is found to be unlawful, invalid or otherwise unenforceable by any court or other competent authority, it shall be deemed to be removed from the Contract and the remainder of the Contract shall remain in full force and effect.
- Each Contract and any dispute or claim arising out of 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.
VIVOBAREFOOT LOYALTY PROGRAMME
(Effective from Nov 2016)
- The Vivobarefoot Loyalty Programme applies only to products sold on vivobarefoot.com (domains UK/US/EU/ES/FR/IT/NL/SE/DK) In order to receive the benefits of the Vivobarefoot Loyalty Programme you must set up an account with us, or use an existing account which will have been upgraded. Membership is open to all individuals. We do not accept accounts set up where the intended use of products in re-sale.
- Orders placed over the phone will not be available for purchasing Loyalty points.
- By signing up to the Vivobarefoot Loyalty Programme, you are signing up to our email database. By signing up, you agree that your information will be used for email communication on the Vivobarefoot Loyalty Programme points/rewards/benefits, or to improve the customer experience and provide information Vivobarefoot may think would be of interest to you. This is separate from email marketing communications which you have the option to opt-in to at the time of creating an account.
- The Vivobarefoot Loyalty Programme can only be joined online, and membership cannot be registered for in any of our Concept stores or via phone call. Loyalty points can be collected in our Vivobarefoot London store on agreement of e-receipts being received when purchasing from this store.
- Loyalty points can be redeemed on future purchases of Vivobarefoot products in the form of a discount on such future purchases.
- Loyalty points on purchases will be earned upon shipment of goods, and will be pending for 28 days. Any return of a product purchased with Loyalty points will take into account the value of the points redeemed for such product, which will result in a reduction of any amounts owed to you for such return. Any discount or price adjustment, including but not limited to an adjustment resulting from price match or partial refund, may result in the value of the points for this item being reduced accordingly.
- No Loyalty points will be earned on product purchased with earned points.
- You must be logged into Your Vivobarefoot Loyalty account on the vivobarefoot.com website, in order to earn Rewards.
- Loyalty points will accrue as soon as you start purchasing with vivobarefoot.com or sharing via our social channels as instructed. No points will be earned for any purchases made prior to enrolling in the Loyalty Programme membership.
- There is no minimum spend in order to redeem points, and any amount of points can be redeemed from your chosen order. The more you earn, the more you save.
- Loyalty points cannot be redeemed across separate orders, and must all be used in one transaction.
- Points are not transferrable between accounts, and cannot be combined with any other Loyalty members’ points under any circumstances.
- Loyalty points cannot be used in connection any other discount codes entered at the checkout.
- Loyalty points cannot be converted to or redeemed for cash, either directly or indirectly. Further tax, shipping & handling and any other charges other than the purchase price of the products are not eligible for Loyalty points.
- We reserve the right to cancel your Loyalty points at any time if there is no account activity for a period of one (1) year which will result in the expiration of any and all accumulated points. A 6-month reminder will be sent to you in this time.
- Abuse of any of the above, including purchasing for re-sale, conducting any fraudulent or illegal activities may result in immediate cancellation of your Loyalty Programme membership and future disqualification from any Loyalty Programme membership.
- Taxes may apply where required by law. You, the purchaser is responsible for any taxes that incur in receiving and/or redeeming Loyalty points.
Refer A Friend
Key Conditions to Redeem the Rewards
This is a summary of the key conditions to redeem rewards. It does not replace the full terms & conditions of Mention Me.
- The referrer is offered $30 off subject to a $130 minimum spend for each friend who orders for the first time.
- This offer cannot be used in conjunction with other offers or on clearance or sale Items.
- This offer excludes delivery which is charged at the standard rate.
- This offer can be shared for 3 months from the date of acceptance by the referrer.
- In order for the referral to qualify for the reward the referred friend must be a new customer to Vivobarefoot and over the age of 18 and the referred friend must meet the conditions of their reward.
- There is no requirement for the referrer to be an existing Vivobarefoot customer.
- In order to share the offer the referrer must be over the age of 18.
- Rewards will be cumulative and so if multiple qualifying referrals are made to Vivobarefoot, multiple rewards will be delivered to the referrer. A Referrer may not earn more than 5 within any 24 hour period or 25 within any 12 month period or 1500 GBP of reward value within any 12 month period.
- Rewards will be delivered to the referrer on the day of the referred friend's purchase provided the referred friend's purchase is not cancelled
- The Referrer will be notified by email once a referred friend has purchased and when the reward has been earned.
- Rewards will be valid for 3 months from the date earned by the referrer.
- Referral rewards cannot be combined with other discount codes in a single order.
Referred Friend Rewards
- The Referred friend is offered The Referred friend is offered $30 off when they place their first order subject to a $130 minimum spend.
- This offer cannot be used in conjunction with other offers or on clearance or sale Items.
- This offer excludes delivery which is charged at the standard rate.
- This offer can only be used once.
- The reward is valid for 7 days from the point of issue to the referred friend.
- In order to qualify for the reward the referred friend must be a new customer to Vivobarefoot and over the age of 18.
- Any rewards will be revoked if a refund is requested on the order for which the reward was offered.
- The Referred friend reward cannot be claimed by the same person making the referral.
- Referred friend rewards cannot be combined with other discount codes in a single order.
Full terms and conditions valid from Wednesday, April 23, 2014, v.1.1 (English (US))
Mention Me Full Terms and Conditions
- These Terms and Conditions
1.1 Mention Me ("we" or "Mention Me") offers customer or clients ("you" or "Users") of merchants ("the Merchant") the opportunity to refer friends to try the Merchant's goods and services ("Merchant's Services") ("Mention Me Referral Program" or "Program").
1.2 These terms apply to individuals who are accessing or using the Program both as a referrer and a friend referred to the Merchant's Services and the use of 'User' or 'you' shall be a reference to either or both as the context permits.
1.3 By participating in the Program, Users agree to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorised to register as a Referrer (defined below) or participate in the Program in any manner. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
1.4 We reserve the right to modify or amend at any time these Terms and Conditions. Any amendments or new terms and conditions will be available on our website and the terms and conditions on the website at the time you enter into an agreement with us or use the Program will be the ones that apply. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our website or the Program you will be deemed to have accepted the new terms.
- The Program
2.1 To participate, a User may visit http://www.mention-me.com or click on a link on a Merchant's website that directs them to a referral offer. The User may then follow the on-screen instructions to refer friends, family members or colleagues ("User Friends") to the Merchant's Services ("Referral").
2.2 Users will be notified as to the method by which they may make a Referral and through which User Friends referred to the Merchant's Services can access relevant discounts or rewards. Such methods may include:
2.2.1 Using the User's name on the Merchant's website;
2.2.2 sending a Tweet containing a unique referral link ("Personal Link");
2.2.3 sharing a Personal Link in a Facebook message;
2.2.4 posting the Personal Link on Facebook;
2.2.5 sharing a Personal Link via email.
2.3 The method by which Users may refer User Friends shall be at the absolute discretion of Mention Me.
- Referrals and Rewards
3.1 A User must register to make a referral.
3.2 Users will receive a reward for each User Friend that accesses the Merchant's Services as a result of a Referral ("Reward") subject always to these terms and conditions.
3.3 Users will be provided with a unique and personal Mention Me "Sharing Dashboard" page or account to view their Referrals and any Rewards to which they are entitled.
3.4 For a User to qualify for a Reward the referred User Friend must:
3.4.1 not be a current customer and has never been a customer of the Merchant under any email address or alias;
3.4.2 have purchased goods or services from the Merchant having accessed the Program through the relevant Referral method (be it by way of Personal Link or by the User Friend entering the name of the User when directed to on the Merchant's website);
3.4.3 comply with any other criteria notified to the User and User Friend by Mention Me or the Merchant (which may include a minimum age requirement).
3.5 A User will not be entitled to more than one Reward in respect of each individual User Friend referred to the Program and that meets the relevant requirements as set out in clause [3.4] above.
3.6 Subsequent purchases of the Merchant's goods and services made by a referred User Friend in addition to and outside the original purchase made through the Program will not entitle the User to any further Reward.
3.7 The particular Reward to which a User is entitled will be that Reward advertised on the Merchant's website at the time the User registers for the Program in respect of that Merchant. Please note that Rewards in respect of the same Merchant may change from time to time and different Users may be entitled to different Rewards.
3.8 Rewards may be a discount on a future purchase, a voucher, a cash rebate or such other benefit as the Merchant may determine. The Merchant shall be responsible for ensuring that the Reward is honoured and Mention Me shall have no liability to a User in respect of redeeming or obtaining the benefit of a Reward (see clause 4.4 below).
3.9 Every Reward advertised on the Mention Me website or through a Merchant's website will be subject to these Terms. In addition, the Reward will be subject to any specific or bespoke terms notified to you at the time you register for the Program.
3.10 A limit may be placed on the total number of Rewards or number of Rewards over a given time period to which a User is entitled in respect of a Program. The User will be notified of such limits or restrictions at the time they register for the Program. For the avoidance of doubt, any User Friends referred to the Program who purchase the Merchant's goods and services and otherwise meet the relevant requirements may in such circumstances not result in a User receiving a Reward.
3.11 A referred User Friend who meets the relevant requirements and results in the User being entitled to a Reward may themselves be entitled to a reward ("Friend Reward"). The Friend Reward will be such reward advertised on the Merchant's website at the time the User registers for the Program in respect of that Merchant. A User Friend will not receive more than one Friend Reward in respect of the same Merchant.
3.12 If the User Friend's purchase of the Merchant's goods and services is subsequently cancelled, this will result in the Friend Reward and the Reward being also cancelled.
3.13 User Friends may be subject to verification and Mention Me may delay issuing a Reward (or a Friend Reward) for the purposes of investigation. Mention Me may also refuse to verify and process any transaction Mention Me deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Mention Me, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
3.14 Any decision by Mention Me in respect of whether or not a referred User Friend has been successfully verified and a User is entitled to a Reward shall be final and binding.
3.15 Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a User's Mention Me account for any reason, any unredeemed Rewards accumulated by the User are forfeited.
4.1 Rewards and Friend Rewards may be redeemed with the relevant Merchant in accordance with the terms and conditions of that Merchant ("Merchant Terms") and any other terms specific to the Reward and Friend Rewards about which you will be notified.
4.2 We are not responsible in any way whatsoever for providing you with the Merchant's Services, whether in accordance with a Reward, Friend Reward or otherwise.
4.3 The terms on which a Reward or Friend Reward may be redeemed will always incorporate the relevant Merchant Terms. We recommend that before you purchase Merchant's Services or refer friends to a Merchant you read the Merchant Terms which will be available on the Merchant's own website or by calling or emailing the Merchant. If you have any queries about the Merchant Terms you should direct them to the Merchant rather than us.
4.4 Unless stated otherwise in these Terms, once we have provided you with the means of redeeming the Reward, we have no further obligation to you in relation to the Reward and all responsibility lies with the Merchant.
4.5 We accept no responsibility and will have no liability to you if the Merchant's Services do not meet your requirements or you find them unsatisfactory in some way and your right of action or claim will be against the Merchant.
- Your further obligations
5.1 You must:
5.1.1 observe and act in accordance with these terms and the relevant Merchant Terms;
5.1.2 not redeem the Reward or deal with the Merchant in any way which could be deemed to be harmful to the business or reputation of Mention Me or do anything which might adversely affect our relationship with a Merchant.
5.1.3 not attempt to market, reproduce, sell or re-sell the Reward to any third party whatsoever;
5.1.4 provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid;
5.1.5 use the website in accordance with these Terms and not in any way which may affect the reputation of Mention Me or the use and enjoyment of the website or our Services by any other users or third parties;
5.1.6 inform us as soon as it is practicable if become aware that someone has tried to access your account without your permission or attempted to obtain Rewards using your personal details.
5.2 You warrant that:
5.2.1 you have the power and authority to enter into this agreement; and
5.2.2 you are at least 13 years of age.
- Personal Links
6.1 If a User provides a Personal Link to a User Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting the email addresses, the Referrer represents that he/she has their prior consent.
6.2 Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Mention Me's sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's account and deactivation of the Personal Link.
6.3 We have a no tolerance spam policy.
Mention Me has no obligation to monitor the content provided by Users; however, Mention Me may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
6.4 Each User is the actual sender of the emails and must comply with applicable law. A User who does not comply with the law, including anti-spam laws, shall indemnify Mention Me against any liabilities, costs and expenses it incurs as a result of such spam.
- Termination and suspension
7.1 We may suspend your account at any time should you be in breach of these terms and conditions.
7.2 If we suspend your account or access to the website for any reason we may refuse to provide you with any services or the right to receive any Rewards. If you attempt to circumvent this clause by attempting to create a new account we reserve the right to terminate this Agreement and any existing Account you may have.
7.3 We may terminate this Agreement and your Account at any time if:
7.3.1 you are in breach of the terms of this Agreement;
7.3.2 we suspect that you are about to commit a breach of this Agreement;
7.3.3 you become or we suspect that you are about to become insolvent.
7.4 Upon termination you will no longer be able to use our services or access Rewards. If when we terminate this agreement you are still in possession of any Rewards which you have yet to redeem we reserve the right to suspend your ability to redeem such Rewards.
7.5 Subject to this clause 6, any termination of this agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after termination.
- Your liability and indemnity
8.1 You agree to indemnify us for any claims or legal proceedings that may be brought against us and for any loss or damage we may suffer or incur as a result of :
8.1.1 your breach of the terms of this Agreement; or
8.1.2 your breach of the terms of a Reward or a Merchant's terms and conditions; or
8.1.3 your actions in relation to Mention Me's services or the website.
- Our liability
9.1 We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any services we provide to you under, or in any other way connected with, this Agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft.
9.2 For the avoidance of doubt, the liability excluded under clause 9.1 includes any loss arising from your dealings with any Merchant or arising from the Merchant Services and we shall have no liability to you whatsoever for any act or omission of the Merchant in connection with the Merchant Services.
9.3 Our liability to you for all losses under this Agreement (subject to any liability in accordance with clause 9.5 below) is limited to the greater of (i) the equivalent monetary value of Rewards received by you under this Agreement and (ii) £100.
9.4 No claim may be brought against us in relation to this Agreement more than 12 months following the date on which you last received a Reward.
9.5 Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud or fraudulent misrepresentation.
9.6 You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our services only extend to facilitating you receiving Rewards and responsibility for redeeming Rewards and Merchant Services lies solely with the Merchant.
- Intellectual property
10.1 The content of the website is protected by copyright, trade marks, database right and other intellectual property rights ("IP Rights") and all such IP Rights are owned by Limited or are properly licensed to us by our licensors. The IP Rights in the website shall remain the property of us or our licensors.
10.2 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our written permission.
10.3 You agree that any comments, communications, ideas or other materials or information ("Customer Suggestions") that you may provide to us through or in relation to the Services and the Website is provided on a non-confidential basis. Furthermore, you agree that any Customer Suggestions you provide will be deemed to be our property once supplied to us and you assign all and any intellectual property rights that may exist in the Customer Suggestions to us. We will be under no restriction in relation to the Customer Suggestions and may use it as we see fit.
11.1 Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.
11.3 Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery, registered post or email to the address of the relevant party shown on at the start of this Agreement or such other physical or electronic address as may be notified by one party to the other.
11.4 No term of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.5 We will be entitled to assign or sub-contract our obligations under this Agreement.
11.6 Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible.
11.8 If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
11.9 No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.
11.10 This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.
E-gift vouchers are available for purchase on our UK and US sites only.
- You may exchange VIVOBAREFOOT vouchers, to the value indicated, wholly or partly for items listed on our website (www.vivobarefoot.co.uk).
- VIVOBAREFOOT E-Gift Vouchers including unused portions of our gift vouchers, expire one year from the date of issue.
- E-Gift Vouchers cannot be exchanged for cash or for goods already supplied or ordered.
- If your order exceeds the value of the E-Gift Voucher, the balance must be paid by debit or credit card.
- If you return an item supplied in exchange for a E-Gift Voucher, we will credit your account with the value of the item. No cash refunds will be given.
- You cannot use an E-Gift Voucher to purchase additional E-Gift Vouchers.
- Our normal terms & conditions of purchase (as varied by these terms and conditions) apply to items supplied in exchange for an E-Gift voucher.
- 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.
- By entering the promotion, entrants confirm that they have read and agree to be bound by these terms and conditions and all rules and guidelines applicable to the use of Instagram including the rules located at https://www.instagram.com/about/legal/terms/before-january-19-2013/.
- The Promoter of this prize draw is VIVOBAREFOOT Ltd.
- The Promoter is offering those who enter this promotion a chance to win one box of – 2 weekend tickets to Keswick Mountain Festival, 1 Pair of VIVOBAREFOOT shoes for each ticket holder.
- To enter this prize draw, entrants must follow @thevvagon , @vivobarefoot , and @keswickfestival on Instagram.
- Entrants must be UK residents, aged 18 years or over. This promotion is not open to any employees of the Promoter or any of their affiliate companies, their families, agents or anyone else connected with this prize draw.
- One entry allowed per person. Entries submitted on behalf of another person will not be accepted and joint submissions are not allowed. Incomplete, illegible, misdirected or late entries will not be accepted.
- No purchase is necessary to enter this promotion however internet access is required.
- The promotion is open to entries from 09.00 on 23rd April 2019 until 23.59 on 30th April 2019.
- There is one prize to be won. All prizes are non-refundable, non-transferable and non-exchangeable and there is no cash alternative offered.
- The Promoter reserves the right to offer an alternative prize of equal or greater value. The prize will be chosen dependent on stock. In the event of unforeseen circumstances or circumstances outside its reasonable control, the Promoter reserves the right to modify or discontinue, temporarily or permanently, this promotion without prior notice.
- The winners will be selected from all valid entries received during the promotional period by using a computer process that produces verifiably random results.
- Each winner will be notified within five working days of the draw by commenting on their original post, requesting that they share their name and address via private message. If a winner fails to respond within five working days of this notification, a redraw will take place from the remaining valid entries to select a new winner. If any winner declines a prize or fails to respond within the required period, they forfeit any right to the prize.
- The prize will be sent via recorded delivery to the address supplied within two weeks of notification and the winner will be required to sign to acknowledge receipt.
- Winners may be required to submit valid identification before receiving their prize.
- All copyright in the entries is the property of the Promoter. The Promoter reserves the right to use any entries for such purposes and no additional payment will be made for using entries in this way.
- The name and county of residence of the winners will be made available on request to anyone sending a stamped self-addressed envelope to the Promoter as the address set out above within 10 weeks of the closing date of the promotion.
- The Promoter does not accept responsibility for network, computer or software failures of any kind and has no responsibility for lost, delayed or misdirected entries.
- The Promoter reserves the right to discount any inappropriate or offensive entries and to disqualify any entries if the Promoter, at its sole discretion, believes that there has been an attempt to manipulate or tamper with the operation of the promotion (including, without limitation, by setting up multiple Instagram, Facebook or other social media accounts in order to submit multiple entries).
- The Promoter does not accept any responsibility for any infringement of any third party intellectual property rights caused by entrants entering this prize draw.
- You agree to be bound by the decisions of the Promoter, which are final in all matters relating to the promotion. No correspondence will be entered into in respect of the Promoter’s decisions.
- These terms and conditions shall be governed by and construed exclusively in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the Courts of England, including the seeking of all injunctive or ancillary relief actions.
VIVOBAREFOOT MADERIA SWEEPSTAKE
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. The “Vivobarefoot Maderia” Sweepstakes (the “Sweepstakes”) begins at 12:00 a.m., Eastern Time (“ET”) on may 27th, 2019 and ends at 11:59 p.m. on July 1st, 2019 ("Sweepstakes Period"). Sweepstakes is sponsored by Vivobarefoot Limited, (the "Sponsor") 28 Britton Street, London, EC1M5UE.
ELIGIBILITY: The Sweepstakes is open and offered only to legal residents of the fifty (50) United States (including the District of Columbia) or the United Kingdom, who have the age of majority in their state, territory or region of residence at the time of entry (the “Entrants”). All online entries that answer the questions correctly have an equal chance of winning. Employees and their immediate families (parent, child, sibling or spouse) and/or household members of the Sponsor, their respective parent, subsidiaries, affiliates, distributors, sales representatives, advertising, promotional and agencies and any other persons or entities associated with this Sweepstakes (collectively, “Released Parties”) are ineligible to enter or win. Winning the Grand Prize (defined below) is contingent upon fulfilling all the requirements set forth herein. Void where prohibited or restricted by law.
HOW TO ENTER: During the Sweepstakes Period eligible participants can enter by visiting the Sponsor’s website at www.Vivobarefoot.com where they will be directed to the Sweepstakes entry page. Participants will then need to complete and submit all the required fields on the entry form including answering any multiple-choice questions.
All requested information on the Sweepstakes entry form must be completed (including answering any multiple-choice questions correctly) for an entry to be eligible for the Grand Prize drawing. LIMIT one entry per person, per email address will be allowed. Enter using only an email address subscribed and registered in your name. Once submitted, an entry cannot be deleted, canceled or modified. In the event of a dispute as to Online Entries submitted by multiple individuals using the same email account, subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address.
DRAWING AND NOTIFICATION: One (1) Grand Prize Winner will be selected in a random drawing from all eligible entries received at the end of the Sweepstakes Period on about July 21, 2019, which will be conducted by the Sponsor whose decisions are final and binding in all matters relating to this Sweepstakes. Odds of winning will depend on the total number of eligible entries received. Grand Prize Winner will be contacted by the email address and/or telephone number they provided on their entry form.
Prize: One (1) Grand Prize Winner will receive a trip package that includes round trip airline tickets from a major airport closest to Grand Prize Winner’s resident to airport closest to Maderia (the “Location”) along with accommodations 5 nights, half-board, two people
Included activities: guided walk, jeep safari, whale and dolphin watching tour. The Grand Prize Winner is solely responsible for any additional expenses not expressly stated in the prize description above including any taxes, tips, and any other personal charges, including but not limited to incidental travel costs due to reserving any higher priced package or any fee applied as a result of a change in the reservation, etc. The trip must be taken April 2020. Approximate Retail Value (ARV) of the prize is $4,500. Total prize pool ARV is $4,500. No substitution, assignment or transfer of the Prize is permitted, except by Sponsor, who reserves the right to substitute the Prize or Prize component with another of comparable or greater value. Winner is responsible for all taxes and fees associated with Prize receipt and/or use.
PRIZE CONDITIONS: By accepting the Grand Prize, the Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of the Prize. For United Kingdom residents, this Release does not apply to claims for personal injury or death caused by the negligence of Sponsor or Administrator. The Winner will be responsible for all local, state, and federal taxes associated with the receipt of their prize. The Winner must note that the value of their accepted prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of their Prize (applicable to U.S. residents only). The Winner is solely responsible for all matters relating to the Prize after it is awarded. No substitution or transfer of prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute the prize with another prize of equal or greater value if the aforementioned prize is not available. The potential Winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release (if U.S. resident) or a Confirmation of Eligibility Form, and Liability/Publicity Release (if United Kingdom resident) and return it to the Sponsor, along with proof of identification, within seven (7) days of written notification. Note: The Affidavit sent to the potential (U.S.) Winner will require that the Winner provide their Social Security Number to the Sponsor which will be used solely for tax reporting purposes. In addition, it is the responsibility of the Winner (and his/her traveling companion if applicable) to obtain or maintain a valid passport at the time of travel should the Winner in question be traveling to another country. If a Prize or prize notification is returned as unclaimed or undeliverable to the potential Winner, if a potential Winner cannot be reached within three (3) business days from the first notification attempt, or if a potential Winner fails to return requisite document within the specified time period (where applicable), or if potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.
TERMS & CONDITIONS: This Sweepstakes is subject to all applicable federal, state, and local laws. By entering the Sweepstakes, entrants agree to release, discharge, indemnify and hold harmless the Released Parties , and each of their respective directors, officers, employees, shareholders and agents from any and all liability, loss, damage or injuries to any person (including death) or property of any kind sustained in connection with their participation in the Sweepstakes or from their acceptance, receipt, possession and/or use or misuse of the prize, or for any typographical or other error in the printing, offering or announcement of the prize. Entrants further acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. Any person attempting to defraud or in any way tamper with the Sweepstakes mechanics and/or implementation will fully be prosecuted. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sweepstakes Administrator and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Sponsor reserves the right to disqualify any entrant that Sponsor determines, in its sole discretion, violates these Official Rules. This Sweepstakes is void where prohibited.
INTERNET LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Grand Prize using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the city of London. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the United Kingdom, without giving effect to any choice of law or conflict of law rules (whether of the United Kingdom or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the United Kingdom.
WINNERS LIST REQUESTS: To request confirmation of the name and address of the winner, please send a self-addressed, stamped business size envelope to Vivofarefoot Sweepstakes Winner’s List Request, 28 Britton Street, London, EC1M5UE
SPONSOR: Vivobarefoot Limited, 28 Britton Street, London, EC1M5UE