- 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
Refer a Friend Program Terms and Conditions are in addition to the Conditions of Use, to which you agree by using the vivobarefoot.com
To receive a referral gift certificate, send an invitation using the one of the social options
- The customer whom you refer must click on the link in your invitation and continue to purchase at www.vivobarefoot.com (UK/ US/EU/ES/FR/IT/NL)
- The referee must redeem their code and make a purchase within 21 days of receiving their invitation.
- The referred customer must not return their purchase.
- You will receive a referral gift certificate once the customer referred in accordance with these terms makes a purchase.
- Referral gift certificates can be redeemed only on vivobarefoot.com (/US/EU/ES/FR/IT/NL/PT) for one-time use only, and are non-refundable.
- If you return the purchase, the amount of the referral credits used on original payment will be deducted from the total amount of refund.
- Referral gift certificates cannot be transferred, bartered, or sold.
- Participation in the Refer-a-Friend Program may require you to submit information about yourself and friends - such as name/email address. This information will be subject to our Privacy Notice.
We may void your referral gift certificates, terminate your account or the accounts of customers you refer if we determine that you or they take any of the following actions:
- Open multiple accounts, including different email addresses for the same person.
- Refer customers using spam, unsolicited emails, links on social media platforms, message boards, or forums, or any method other than the email form mailer located on our site.
- Use false names, impersonate other people, or otherwise provide false or misleading information to us.
- Offer any incentive to others to register new accounts;
- Participate in the Refer-a-Friend Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right at any time and without prior notice to add to, remove, or otherwise change these terms. This includes:
- Changing the amount of the referral gift certificates
- Modifying how you may earn and spend referral gift certificates
- Modifying duration and expiration of referral gift certificates.
- Discontinuing the Refer-a-Friend Program entirely.
We will post an updated version of these terms on the Websites, and you will be deemed to have accepted such changes by continuing to use the site.
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.