Terms and conditions
Vivacity Stores Terms & conditions
(Updated 6th March 2012)
This website is operated by Vivacity Stores (Your first choice for online shopping) you acknowledge that any use of this website including any transactions you make is subject to our terms and conditions below (which includes any other important hyper-linked sections.
Please:
- Read through these terms and conditions carefully before using this website.
- Print a copy for future reference.
- Also read our Privacy policy section regarding your personal information.
1. General
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
1.3 when you use certain Vivacity Stores services please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.
1.4 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
1.5 Certain video games and DVDs are the subject of a legally prescribed age restriction, determined by the British Board of Film Classification. The classifications are 12, 15, and 18. The classification reflects the content of the video game or DVD (violence, language, sex, drug abuse etc). You are therefore required to confirm that you are over 18. We carry out further checks to verify your age with a registered credit reference agency and, if we are unable to verify you are over 18, we will cancel your order.
2. Order process
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Vivacity.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds).
2.4 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please Contact us.
2.5 All our products are Brand New and of their highest quality and perfect conditions, supplied to us by genuine respective manufacturers.
3. Delivery
3.1We make every effort to deliver goods within the estimated timescales; however delays are occasionally inevitable due to unforeseen factors. Vivacity shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.2 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
3.1. Delivery and Shipping Charges
We aim to despatch your order within 3 working days.
We will send your order by standard class Royal Mail or DHL, so if you live in the UK you can expect to receive your package with your normal post within 5 working days.
Post and packaging Using Royal Mail is charged per order, not per item as follows
£3.95 to a UK address
£5.95 to an address in Europe
£7.95 world wide
For DHL is £13.95 GBP
Note. Free delivery apply to all order totalling £149.99 or above,
Overnight delivery (UK only)
For an additional £3.00, we can send your order by special delivery which is guaranteed to get you the next working day (subject to stock availability). These orders must be placed by telephone before 2.30pm, Monday-Friday, to guarantee next working day delivery.
Please note. That a delivery email and postal tracking number will be sent to your e-mail address if you provide us with your e-mail address when placing your order. Royal Mail also will require a signature upon delivery for special delivery packages, so someone needs to be available to sign for it at the delivery address.
Placing Order in our Store Outside our website
How to order
By telephone on: 08442721029
Our lines are open Monday- Saturday 9am to 9pm
Closed on Sunday
To help us to improve the quality of our customer service, some calls may be recorded for training purposes.
Order via our secure website www.vivacitystores.co.uk
Post your completed order form with a cheque, postal order or credit/debit card details to Vivacity Stores Head office, 123 Henley Road, Bedford, MK40 4FZ
Fax your order form and credit debit card details to 08442721049
Cheque or Postal Order
Payable to Vivacity Stores
Vivacity Stores Head Office
123 Henley Road, Bedford, Bedfordshire MK40 4FZ
Direct Debit
Instructions to your Bank or Building Society to Pay by Direct Debit
Note. Bank & Building Societies may not accept Direct Debits instructions for some types of accounts.
3.2 On Request or Out of Stock Products
Any of the products marked on request can still be ordered providing is not out of stock likewise products marked available in some certain days not exceeding 7 days.
Go ahead and place your order if it is on request, an email will be sent to you within 5 working days detailing how long the order will take to be shipped to you, or if the order is totally out of order, in the case where the order is totally out of stock a full refund will be made to you following the cancellation of the order.
Where an on request order is placed and an email is sent to the customer confirming its availability it will not exceed 14 working days for the order to get to the customer be advised that we dont gurrantee that your order will be delivered withing 14 working days, because it can take longer in some cases. But be assured that your order will get to you or you can request for a refund if the order delays longer than 38 working days.
On request products/order are simply products not currently in our store but might be available in our warehouse and that of our supplier and manufactures.
3.3 Loyalty Club Card Points
This is a way to tell our customers that we value them and that we can say thank you not just verbally but with something to show for it. Get points on every order you place and claim a free gift when your points accumulate to 10 points, you can’t believe what free gift we will use to say thank you for shopping with us. We will post your free gift free of charge.
4. Payment
4.1 We take payment from your card or PayPal account at the time we receive your order, once we have checked your card or PayPal details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by paypal can be found at www.paypal.co.uk 
. (vivacitystores.co.uk is not responsible for the content of external websites)
Secure online shopping at Vivacity Stores
We accept your payments securely through PayPal so you don’t have anything to worry about. We accept all major credit and debits cards payments, you don’t have to be registered with PayPal to make you credit or debit card payments.
Customers who already have a PayPal account can either pay with their PayPal account or alternatively use the debit or credit card option.
PayPal is a safer, faster, more secure way to pay online – your financial details are never shared. We remember everything for you, safeguarding your bank, credit or debit card details.
Is PayPal safe to use?
PayPal protects your financial information with industry-leading security and fraud prevention systems. When you use PayPal, your financial information is not shared with the merchant. Once your payment is complete, you will be emailed a receipt for this transaction.
If you already have a PayPal account
PayPal lets you pay in a few easy clicks. No hassle of getting out your wallet or typing your card details into different sites. All you need is your email address for quick, easy payment.
If you don’t have a PayPal account
You don’t have to be registered with PayPal to make you credit or debit card payments.
What is PayPal?
PayPal is the most preferred way to pay online in the UK because it's safer and faster. PayPal stores and safeguards your card and bank details, enabling you to pay online without entering your sensitive financial information every time you shop. You speed through checkout in just a few clicks, PayPal takes the payment from your card or bank directly, and your payment details are never shared on the internet.
Alternatively, you can always place your order or call our customer service team on 0844 272 1029
4.2 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3 The price you pay is the price displayed on this website at the time we receive your order apart from the following two exceptions:
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.5 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.6 All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise.
VAT
We currently operate a 
programme on most products.
VAT is included on goods sent to EU addresses and will be deducted from the price quoted for goods sent to the Channel Islands. Although goods sent to addresses outside the EU are not subject to VAT, Vivacity Stores customers pay the same price across the world as this helps us to cover the cost of providing our services to international customers.
5. Returns, Cancellation, Guarantee and Substitutions
Return Policy
We make sure all our products are checked and in perfect working conditions before dispatch and that it meets the exact description or as described either on the catalogue or online. We hope that you will be pleased with your order but, if you are not, we are happy to refund or exchange items. Please return them to us unworn, with all labels intact, within 5 working days. Note that return and exchange posting charges will be incurred.
Note. Once the item has been delivered, we will not refund the postage and packaging payment made by customers as it is a third payment made directly to the carries through us for the services of delivery the goods purchased by customers.
Return from overseas, when retuning goods from overseas please mark your package clearly as possible Returned Goods.
Note. For full refund, item or product will have to be returned to our head office and will be checked and to see it was returned 100% intact as dispatched, undamaged and all labels not destroyed.
The address your parcel needs to be returned to is Vivacity Stores 123 Henley Road, Bedford, MK40 4FZ, please insure that all parcels are securely sealed and are only returned using Royal Mail recorded signed for and obtain a certificate of receipt of posting/tracking number.
Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. If you are not happy with the replacement or substitute you can return it in accordance with our 7 days money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling.
All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
Overseas Customers
All orders are charged in £ sterling. However, if you pay by a credit/debit card that is registered overseas, the total will be determined by the card issuer, based on the exchange rate at the time your card is charged and your issuer may charge a fee for currency conversion.
Customs and import duties
If you live outside the EU, please be aware that local customs or import duties may be charged when your parcel reaches your country. We have no control over these charges, so unfortunately cannot predict what they charges will be.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, Vivacity Stores will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Vivacity Stores will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Vivacity Stores accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, Vivacity Stores will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- special or indirect losses
- Suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 Vivacity Stores aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.3 Vivacity Stores shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Vivacity Stores.
8.6 Vivacity Stores reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) the Home Retail Group (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
b) the Home Retail Group shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
c) a person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
8.9 No delay or failure by Vivacity Stores to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Vivacity Stores.
8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Vivacity Stores relating to the use of this website (including the order of products) and set forth the entire agreement and understanding between you and Vivacity Stores for your use of this website.
The Vivacity Stores website is operated by:
Vivacity Stores
Head Office: 123 Henley Road,
Bedford,
MK40 4FZ
Registered in England and Wales
Company Number: 7920270
Contacting us
Please note that Vivacity Stores is an online based retail store. Our Head Office is mainly for office related works and handling of orders by post, therefore we do not make sales nor entertain customers at this venue. Visiting us at our head office is strictly by appointment.
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