General Terms and Conditions applicable to the VIVA Scandinavia Online Shop
339 Queen Street East, Toronto
ON M5A 1S9
Phone: +1 800 684 8269
1.1 These General Terms and Conditions apply to all business relationships between VIVA Scandinavia Canada, (“VIVA”) and the customer (the “Customer”) initiated and handled via VIVA’s online shop at http://www.vivascandinavia.com. The version of these General Terms and Conditions valid at the time the order is placed will apply.
1.2 If agreements have been entered into separately between VIVA and the Customer, these General Terms and Conditions will prevail. Unless expressly agreed to in writing by VIVA, VIVA hereby refuses to accept any contradicting or other general terms and conditions put forward by the Customer.
1.3 The goods in the online shop are offered to end consumers exclusively. Therefore, VIVA expressly reserves the right to offer and deliver goods to the Customer in regular household quantities only. For the purpose of these General Terms and Conditions (i) “Consumer” means any natural person entering into a purchase agreement for purposes that do not predominantly concern his/her business or self-employed activities, and (ii) “Entrepreneur” means any natural or legal person or legal partnership entering into the contract in the pursuit of his/her/its business or self-employed activities.
1.4 The goods in the online shop currently are offered exclusively to Customers whose habitual residence is located in one of VIVA’s delivery regions and who can provide a delivery address in one of these regions. Further delivery restrictions are set out under 4. below.
2. Purchase agreement
2.1 Unless the Customer selects PayPal as a payment method, VIVA’s offerings in the online shop do not represent a legally binding offer to conclude a purchase agreement but rather are an unbinding online catalogue to inform the Customer about the goods offered in the online shop as well as an invitation to place an order. Orders placed by the Customer become binding if the Customer clicks the Buy Now button in the Cart section at the end of the order process. At any time before clicking the Buy Now button the Customer can edit the data entered, change the contents of the cart and/or end the order process by closing the online shop website. By placing an order, the Customer submits to VIVA a binding offer to enter into a purchase agreement. The order confirmation e-mailed to the Customer by VIVA does not mean VIVA has accepted the Customer’s offer to enter into a purchase agreement but serves to inform the Customer that VIVA has received the order (“Acknowledgment of Receipt”). Unless the Customer has selected advance payment or PayPal as the payment method, the purchase agreement will be concluded when the Customer clicks the Send button. VIVA will notify the Customer by e-mail when the goods have been entrusted to the provider of logistics services (“Shipment Confirmation”). VIVA will be entitled, but not obligated, to accept the Customer’s offer to enter into a purchase agreement within 14 days after receipt. If the Customer selected advance payment as the payment method, VIVA will declare its acceptance of the Customer’s offer by sending the Acknowledgment of Receipt to the Customer. If the Customer selected PayPal as the payment method, the purchase agreement will be concluded when the Customer clicks the Buy Now button.
2.2 In the event the Customer places an order for specific goods which are not available at the time the Customer places the order, VIVA reserves the right to reject the Customer’s order. Moreover, VIVA reserves the right to be released from the obligation to deliver goods if the goods ordered are not available after a purchase agreement has been reached. In this case, VIVA will notify the Customer promptly and will reimburse any money the Customer paid for the cancelled order.
2.3 VIVA will not accept orders from any Customers who are under 18 years of age at the time the order is placed.
2.4 The language of the purchase agreement will depend on the language offered to the Customer in the online shop. VIVA reserves the right to provide the Customer with invoices and delivery notes issued in the language of the respective country.
3. Cancellation policy for Consumers
3.1 A Consumer’s right to cancel orders is set out in the cancellation policy below:
Right to cancel this purchase agreement.
You have the right to cancel this purchase agreement within 14 days without being required to provide a reason.
The aforementioned 14-day period will begin on the date on which you or a third party appointed by you, other than the deliverer, accepted the last shipment of the goods you ordered.
To assert your right to cancel this purchase agreement, please send an unequivocal notification by mail, fax, e-mail, etc., to us at
339 Queen Street East, Toronto
ON M5A 1S9
Phone: +1 800 684 8269
Consequences of cancellations
If you cancel this purchase agreement we will reimburse you for all payments received from you excluding delivery costs (with the exception of additional costs incurred if you selected a type of delivery other than our lowest standard delivery) promptly and at the least within 14 days after the date on which we received your cancellation. To reimburse you for the aforementioned payments we will use the same method you used for the original transaction unless expressly agreed otherwise with you. In no case will we levy any fees for such reimbursement. We reserve the right to refuse to make such reimbursement until we receive the returned goods or until you furnish proof that you have returned the goods, whichever date is earlier.
You will be required to return the goods to VIVA Scandinavia Online Shop 28 Logan Avenue, Toronto ON M4M 2M8 Canada promptly and no later than 14 days after the date on which you notified us of your cancellation. The period for the return of the goods will be complied with if you send the goods before the 14-day period expires.
You undertake to assume all costs for any loss in value of the goods if such loss in value resulted from handling the goods in a way that was not necessary to assess the nature, features and functionality of the goods.
End of cancellation policy
4. Delivery, delivery periods, availability of goods
4.1 Deliveries only will be made to the delivery address provided by the Customer and only if such address is located in one of VIVA’s delivery regions. Details regarding the delivery regions are specified here. VIVA reserves the right to make reasonable partial deliveries. In this case, VIVA will inform the Customer in the shipment confirmation.
4.2 As part of the order process, VIVA will notify the Customer of the delivery period. VIVA will notify the Customer promptly of any delivery delay resulting from force majeure or other incidents for which VIVA is not responsible and will provide the Customer with a reasonable new delivery period in line with the circumstances of the delay. In the event the goods cannot be delivered within such new delivery period for reasons for which VIVA is not responsible, VIVA can rescind the purchase agreement in whole or in part. In this case, VIVA will reimburse the Customer promptly for all payments made. If the Customer cannot be expected to accept the delayed delivery, the Customer can rescind the purchase agreement by notifying VIVA in text form (by letter, fax or e-mail). The Customer’s other statutory rights will remain unaffected.
5. Prices and shipping costs
5.1 Prices valid at the time orders are placed will apply. All prices include statutory sales tax.
5.2 Delivery costs and all additional costs incurred for services offered by VIVA in the online shop and requested by the Customer must be specified in the order form and will be assumed by the Customer. Shipping costs may vary depending on the type of delivery and the nature of the order. Details regarding shipping costs are specified here.
6. Payment and payment methods
6.1 Invoiced amounts will be payable upon delivery without deductions. If the Customer selects advance payment as the payment method, the invoiced amount will be payable upon receipt of the order confirmation by the Customer.
6.2 VIVA offers these payment methods: credit card, IDEAL and Bank transfer upon in advance. Reimbursement of any invoiced amount will be made using the payment method selected by the Customer.
6.2.1 For credit card payments, VIVA accepts MasterCard and Visa. Invoiced amounts will be blocked on the Customer’s credit card on the date the order is placed and will be charged on the date the goods are shipped.
6.3 The Customer will be entitled to offset amounts only if his/her counterclaims have been determined in a legally binding manner, are undisputed, or have been acknowledged in writing by VIVA. Moreover, the Customer can exercise his/her right to retain payments only to the extent that the respective counterclaim is based on the same purchase agreement.
7. Retention of title
Delivered goods will remain the property of VIVA until all receivables under purchase agreements have been paid.
8.1 In the event of defects in the delivered goods, the Customer’s rights to claim supplementary performance or a price reduction or to rescind the purchase agreement are subject to the applicable laws. As part of his/her right to claim supplementary performance, the Customer can request a replacement or remedy of the defects. However, VIVA will be entitled to deliver a replacement if remedying the defects would not be reasonable. The Customer’s rights to claim damages or compensation for wasted expenditure are specified under 9. below.
8.2 All warranty claims will lapse two years after delivery of the goods.
9.1 VIVA will be liable for damages only as specified under a) through d) below:
(a) in the event of death, bodily harm and/or harm to the health as well as in the event of damage caused by intent or gross negligence;
(b) in the event of damage resulting from non-compliance with guarantees made in writing for the Customer’s asset interests covered by the guarantee that was known to VIVA at the time it was made;
(c) in the event of product liability as set out in the Product Liability Law of Canada;
(d) in the event of a breach of key contractual obligations resulting from minor negligence. Liability for damages will be limited to the scope of the damage VIVA typically had to anticipate at the time the purchase agreement was concluded based on the circumstances known at the time. Key contractual obligations are key obligations essential to the conclusion of the purchase agreement on which the Customer could expect to rely.
9.2 In all other cases, VIVA’s liability for damages will be excluded regardless of the legal grounds.
9.3 In the case specified under 9.1 d) above, claims for damages and compensation will lapse after twelve months. The beginning of such lapse period will be subject to the Civil Code of Canada.
9.4 To the extent VIVA’s liability is excluded pursuant to these General Terms and Conditions, the same will apply to the liability of its associates and agents including, but not limited to, staff members.
All personal data provided by the Customer will be collected, used and processed exclusively in compliance with the applicable privacy laws. Details regarding collected data and the use thereof are set out in the privacy declaration available for viewing and/or saving (check our Privacy Statement for more information).
11. Final provisions
11.1 VIVA and the Customer agree on the application of the laws of Belgium.
11.2 Should any of the provisions of these General Terms and Conditions be or become invalid, the validity of the remainder of the provisions will remain unaffected.
11.3 If the Customer is a merchant, the exclusive legal venue for all disputes will be the location of VIVA’s registered offices in Overpelt. However, VIVA may use its general legal venue to bring suit against the Customer.
12. Supplier’s identity and contact information
339 Queen Street East, Toronto
ON M5A 1S9
Phone: +1 800 684 8269
VIVA SCANDINAVIA FACEBOOK DRAW CONTEST TERMS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Campaign is open only to those who are residents of Canada.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of VIVA Scandinavia as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting as indicated on the contest on and ending as indicated on the contest. All online entries must be received by end date indicated on the contest. 4. How to Enter: The Campaign must be entered by submitting an entry using the online form provided at the contest form. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of VIVA Scandinavia. Optional verbiage to include: You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of VIVA Scandinavia.
5. Prizes: The Winner(s) of the Campaign (the “Winner”) will receive a gift at the discretion of VIVA Scandinavia. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by VIVA Scandinavia. No cash or other prize substitution shall be permitted except at VIVA Scandinavia discretion.
The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for VIVA Scandinavia to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected randomly under the supervision of VIVA Scandinavia. Winner will be notified by Facebook within 7 working days following selection of Winner. VIVA Scandinavia shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by
Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations.
ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (at VIVA Scandinavia sole discretion) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that VIVA Scandinavia, anyone acting on behalf of VIVA Scandinavia, and VIVA Scandinavia licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contest: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of VIVA Scandinavia. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless VIVA Scandinavia from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which VIVA Scandinavia may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: VIVA Scandinavia reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond VIVA Scandinavia control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, VIVA Scandinavia may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by VIVA Scandinavia. VIVA Scandinavia reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. VIVA Scandinavia has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, VIVA Scandinavia reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless VIVA Scandinavia and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the
Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures