The following terms and conditions apply to all transactions and or communications with METC Ltd, our website www.vivachoo.com and your use of our services. In these terms "we", “us” and "our" refers to METC Ltd, VivaChoo and vivachoo.com and "you" and "your" refers to any METC Ltd, VivaChoo or Vivachoo.com customer.
This Website may contain links to other websites, which are not operated by us, as a result we have no control over the former and accept no responsibility for them or for any loss or damage that may arise from your use of them.
VivaChoo shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page from Vivachoo.com
We reserve the right to alter these Terms and Conditions without notice.
The rights in the designs and the products are owned by METC Ltd, Copyright and intellectual property rights protect them. You may store, save and print content supplied solely for your own use, you may not reproduce, modify, distribute, copy or display our Brand image or other content without permission. You shall not reproduce or modify any branding or images shown on site these are property of VivaChoo. All trademarks, company names, logos or product names featured are the property of their owners.
VivaChoo.com Members Area
VivaChoo reserves the right to close accounts if we suspect any misconduct from the user. If any user is seen to be using proxy IPs, or such other software in order to attempt to hide the use of multiple accounts or to cause damage to the site.
By completing the form to become a member on VivaChoo.com, you agree to abide by all the terms and conditions set out in this article, failure to comply will result in a warning email issued to you explaining the reasons to why your account has been limited. Once this warning has been issued we reserve the right if any further act of misconduct, or breach of conditions is committed to permanently suspend your account.
Terms of Sale
By placing an order with VivaChoo you agree to the following terms and conditions for the purchase you have made.
Dispatch times may vary from those stated on the website and may also be different for Tailor and Boutique products. Please see individual product listings for returns and delivery information.
For Tailored and Boutique products please check individual products descriptions for dispatch and delivery times and returns policy.
If your item is not in stock, we will place it on back order for you. As soon as the item is in stock we will dispatch it to you immediately. Once the checkout has been completed you are entering a legally binding contract with us and agree to all the terms and conditions mentioned.
We advise that all deliveries should be allowed 28 days to arrive to you, but these are in extenuating circumstances, or force majeure, which are out of our control.
In order to this contract to be legal all parties in contract with VivaChoo must be over the age of 18 years and possess a valid credit/debit card issued by a bank, acceptable by us. We reserve the absolute right to refuse any request made by you. Once an order is placed you are agreeing to the terms of sale, upon receipt of the order we will inform you by email. You will be entering a contract with METC Ltd. You agree to the terms of sale issued by the third party. When an order is placed you accept all the details provided by you are true and accurate at the time and you are authorised to use the payment method selected. You must ensure there are sufficient funds available in your account to cover the costs of all the goods and services. All products shown are primarily stated as £ sterling (GBP), and we reserve the right to change any advertised prices at any time. We can only accept payment in £ sterling (GBP), all currencies will be converted into £ sterling (GBP) and you will be liable for any exchange rate charges made by your card provider. Where prices show a conversion to another monetary currency these are correct at the time of adding them to our database and are not live conversion rates, they act as a guideline.
1. 1. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. Subsequently a contract will not be in agreement until a second email stating the goods that you ordered have been dispatched to you. Only the goods listed in this confirmation will be dispatched to you.
2. 2. Pricing and Availability
Whilst we endeavor to ensure all details, descriptions and prices, which appear on VivaChoo, are accurate, errors may occur. If we discover an error in a price for a purchase you have made, we will contact you to confirm you still want to proceed with the corrected amount. Failure from you to reply within 7 days, the order will be cancelled. If you have paid for the order we will promptly issue you a full refund. Where applicable, prices are inclusive of VAT at the rate appropriate to the country of receipt within the EU. VAT is not included in our prices for customers outside of the EU. Prices are clearly stated on the website. All recommended retail prices (RRP’s) displayed are correct at the time of publishing to the best of our knowledge. We will not be held responsible for any incorrect RRP’s displayed.
Upon receiving your order, we will take a payment from you; once this payment has been fully completed we will send you a confirmation of your order. The contract is not in agreement until the items have been dispatched, you reserve the right to cancel up until dispatch of goods.
4. Discount Codes
Personal – we may issue you with a personal discount code either as a credit or for a promotional purpose. This code may only be used for your account and will have an expiration date. This code may only be used for purchases through our website.
Promotional discount codes – we may issue promotional discount codes site wide and the price and period of validity will vary. This code may only be used on purchases through our website.
5. Gift Vouchers
Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by.
to inform that we accept no responsibility for lost, stolen or damaged gift
vouchers and will not issue a replacement.
Once purchased and full payment has cleared we will dispatch your gift card. We regret to inform that we do not accept liability for any delays of receipt regardless of fault.
Please check the email address you use to purchase the voucher. We cannot accept responsibility if the voucher is used by someone you do not authorise. In addition, we do not accept responsibility for any vouchers that are lost or stolen after delivery to you.
Gift vouchers may appear in your ‘spam’ folder in your email account, we cannot alter your setting and you must ensure that you check for receipt of the voucher. Only one email will be sent with a voucher code, we cannot resend an email.
A gift voucher, once purchased cannot be refunded, or exchanged. It has a monetary value of £0.001p
We reserve the right to vary these terms and conditions at any time without notice.
Your Cooling Off Period
committed to providing the best customer service. If you are not completely
happy with your purchase and wish to cancel your order, simply return the
unused product(s) to the selling Boutique (address found on their dispatch
sheet found inside your purchased product or you can contact us) in their
original condition and packaging (where applicable) within 14 days of receipt.
On receipt of unused products a refund will be processed.
Items returned that do not meet the above criteria will be subject to a 20% restocking charge. Please note it is your responsibility to pay for the item(s) return journey postage.
Please note some items are non-refundable, due to our hygiene policy, and therefore cannot be returned. This also includes any items tailored to you, made to order and bespoke and will be non-refundable due to the nature of the item. Please see individual item descriptions to see if the product is non-refundable. This does not affect your statutory rights if the item is faulty.
Any products returned that have been stained by any material inflicted on the textile whilst being tried on, or damaged by you on receipt cannot be refunded. The product is your sole responsibility until it reaches our Boutiques. We recommend that you use a service that ensures the safe return of the product.
On the rare occasion that a product is received damaged or faulty please contact the Boutique immediately, fill in the RT1 form attached to your invoice and send the items back within 7 days of receipt to the Boutique (address can be found on the Boutique’s page). Upon receipt of the goods we will investigate the issue and arrange for the product to be exchanged, or will provide a full refund.
The celebrities named or featured on VivaChoo.com have not endorsed recommended or approved the items offered on site. We may also not own the copyright to images in our blog or own the pictures. We will not be held responsible for any third party applications, advertisements or links in the blog.
VivaChoo accept no liability for any issues or acts that may
happen to you due to the content on our website this includes injury or death.
This relates to third party applications, advertisements or links.
METC Ltd and VivaChoo.com is unable to provide
warranties in relation to products provided over and above its statutory
obligation to provide goods of a satisfactory quality in accordance with the
Sale of Goods Act 1979 as amended by the Supply of Good and Services Act 1994.
This does not affect your statutory rights as a consumer.
Protecting your privacy
We are committed to protecting your privacy. We will only
use the information that we collect from you lawfully (in accordance with the
Data Protection Act 1998). We collect information from you for two reasons:
firstly to process your order and secondly to provide you with the best
possible service. The type of information we collect about you includes: your
name, address, phone number, and your e-mail address. As we have already stated
we do not collect or hold any credit/debit card or bank details from you.
Credit/debit card and bank details are only used during payment and are
discarded after the payment has cleared. We will never collect sensitive
information about you without it being in your interest or without your
consent. We endeavour to make sure the information we hold on you is kept up to
date, but you can check the information that we hold about you at any time by
e-mailing us and requesting your details. If you find any inaccuracies we will
delete or correct it promptly.
You agree to indemnify, defend and hold harmless METC Ltd,
its directors, officers, employees, consultants, agents, and affiliates, from
any and all third party claims, liability, damages and/or costs (including, but
not limited to, legal fees) arising from your use this Website or your breach
of the Terms of Service.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance
with the laws of England and in the event of any dispute or claim associated
with these terms and conditions, that dispute or claim shall be subject to the
exclusive jurisdiction of the English courts.
The above Terms of Service constitute the entire agreement
of the parties and supersede any and all preceding and contemporaneous
agreements between you and METC Ltd. Any waiver of any provision of the Terms
of Service will be effective only if in writing and signed by a Director of
If you would like a printed copy of our terms and conditions or any other material linked with our terms and conditions please email us at: firstname.lastname@example.org
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