Our Terms Of Sale

1.          GENERAL

1.1.       Who we are. We are Vivobarefoot Ltd (“Vivobarefoot” / “we” / “us” “our”) a company registered in England and Wales (registration number 03474829). Our registered office address is 57-59 Neal Street London WC2H 9PP. Our UK VAT registration number is 704703658.

Definitions. Certain words and phrases used in these ToS are defined in Vivobarefoot’s Terms of Use here (which you acknowledge you have read and agreed to).

2.          YOUR ACCEPTANCE

2.1.       You are subject to these ToS. Any purchases you make with us via our website are subject to the these legally binding Terms of Sale (“ToS”) (together with any other notice, disclaimer or waiver set out on our website or within any digital content).

Please read these ToS carefully. Purchases made via our website are subject to these ToS and you agree to abide by them. If you do not agree to these ToS, you must not make any purchases via our website.

2.2.       You. In these ToS “you” means the individual user accepting these ToS. If you are accepting these ToS on behalf of an organisation (being any company or other legal entity), then you represent and warrant that you have the authority to bind such organisation to these ToS.

2.3.       Updates to these ToS. We may revise these ToS by posting an update on this page. All purchases made from the date that the revised ToS are published on our website will be governed by the revised ToS. You should therefore check this page from time to time to review the current version.

3.          ORDERING

3.1.       Ordering. By placing an order with us for any goods and/or services, you will be offering to conclude a Contract (as defined below) with us which will incorporate and be subject to these ToS. Before submitting your order, please ensure that you have read these ToS carefully. If you are unsure about any part of these ToS, please contact us for clarification.

3.2.       Order Confirmations. We have sole discretion over whether to accept any orders placed via our website. If we accept your order, we will email you to confirm our acceptance (that email being the “Order Confirmation”). If 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 and you should retain and/or print a copy of it.

3.3.       Accuracy and processing of your data. You warrant that all details you provide to us for the purpose of ordering or purchasing goods and/or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of such goods and/or services ordered. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible. We will process information provided by you in accordance with our Privacy and Cookie Policy. By placing any order with us, you consent to such processing.

4.          PRICE AND PAYMENT

4.1.       Prices. The prices of goods and services will be displayed on our website at the time of your order. We reserve the right to change prices at any time provided these changes will not affect any orders that we have already accepted via an Order Confirmation.

4.2.       Price discrepancies. We use reasonable endeavours to ensure that the prices displayed on our website are correct. Notwithstanding the foregoing sentence, we will check prices when we process your order. If (due to mistake or otherwise) the correct price for the relevant goods and/or services is lower than the price stated in your order, you will be charged at the lower price. However if the correct price for the goods and/or services is higher than the price stated in your order, we will contact you to inform you and ask if you wish to proceed with your order at the higher price.

4.3.       VAT. All prices include VAT at the applicable rate. 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.

4.4.       Delivery costs. 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 displayed to you during the check-out process, before you confirm your order.

4.5.       Payment in advance is required. All payment for goods must be made in advance before we will despatch the goods. Credit and debit cards will be charged upon notification of the Order Confirmation).

4.6.       Payment methods. We accept payment by the payment methods set out in our website at the time you seek to place your order. Payments by credit or debit card are made via our payment processing service provider. Please note that we do not accept Discover Cards as a method of payment.

4.7.       Klarna. In the United Kingdom only, in addition to the payment methods set out above, we also implement Klarna functionality. This means that in cooperation with Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden), we offer you the following Klarna payment options: (i) Pay later; and Pay in 3. Payments made using Klarna are made directly to Klarna. Further information about Klarna including Klarna’s user-facing Terms for Shopping Service can be found here. General information about Klarna can be found here. You acknowledge that payments made using Klarna will involve the processing of your personal data in accordance with applicable data protection law and in accordance with Klarna’s own privacy notice.

5.          DELIVERY, TITLE AND RISK

5.1.       Delivery dates. We endeavour to ensure the shipment of all in-stock physical goods to UK destinations within 2 business days. However, you acknowledge that in-stock physical goods are despatched the next business day after we have issued the Order Confirmation. Notwithstanding the foregoing, please note that some styles may take up to 28 days to deliver depending on shipping location.

5.2.       Out of stock goods. Your order may be delayed if an item is out of stock. You acknowledge that the current stock status displayed on our website is approximate and some items may be out of stock even if the stock status on our website indicated otherwise. If the goods are out of stock and we are unable to re-stock (for example, if the goods are discontinued) we reserve the right to cancel your order and refund any payment within 7 business days. If we do cancel your order, the cancellation will be confirmed by us in writing.

5.3.       Time is not of the essence. Notwithstanding anything to the contrary any stated dates and times for delivery are estimates only and time will not be of the essence of the Contract. Goods will be sent to the address provided by you in your order and as stated in the Order Confirmation. Please note that goods may be sent in instalments.

5.4.       Title. Title to goods will not pass to you until we have received payment in full for those goods and the goods have been successfully delivered to you.

5.5.       Import taxes. If your delivery address is outside of the United Kingdom the goods may be subject to import 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 to contact your local customs office for further information.

5.6.       Customs inspections. 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.

6.          CANCELLATION, RETURN AND REFUND

6.1.       Hassle free refund. We are confident that after experiencing the joys of natural foot freedom, your feet will not want to go back to 'normal' shoes. However, if you change your mind within 100 days of receipt of your goods, you can return your shoes for a full, hassle free refund. Notwithstanding anything to the contrary this hassle free refund right does not apply to any Vivohealth Hub purchases.

6.2.       Exchanging sizes. We cannot exchange the size or style of your shoes. You will need to create a return for the goods which you have received and also create a new order on our website.

6.3.       Third party retailers. If you bought any Vivobarefoot goods via an independent store or website, please contact them directly for their return policy.

6.4.       UK and EU consumers. If you are a consumer in the UK or the European Union:
             6.4.1.          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 in clause 6.4.2 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 of the Contract.

              6.4.2.          Your statutory 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 statutory deadline for cancelling the Contract is 14 calendar days after the day on which you receive the relevant goods. If you order multiple goods in one order but some goods are delivered on different days, your statutory cancellation period ends at the end of 14 days after the day on which the last of the goods were delivered.

              6.4.3.          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 and return to us the cancellation form provided with the goods. You can also contact our Customer Services team at customerservices@vivobarefoot.com or by telephone on +44 (0) 207 0480600 between Monday to Sunday (10:00am – 8:00pm). 

6.5.       Consumers outside the UK and EU. If you are a consumer outside of the UK or European Union:

              6.5.1.          If you wish to cancel any Contract, you first must contact our Customer Services team at customerservices@vivobarefoot.com  or by telephone on +44 (0) 207 0480600 between Monday to Sunday (10:00am – 8:00pm). 

6.6.       What happens if you cancel. If you cancel your Contract or return goods to us we will:

              6.6.1.          Refund you the price you paid for the goods. We are permitted by law to reduce your refund to reflect any reduction in the value of the goods (for example if you have damaged the goods and/or packaging the refund value may be adjusted accordingly).

              6.6.2.          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).

              6.6.3.          Make any refunds due to you as soon as possible and no later than 14 days from the day on which we receive your communication that you are cancelling your Contract.

              6.6.4.          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.

              6.6.5.          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 you paid using Klarna, please refer to the Klarna website here: https://www.klarna.com/uk/customer-service/how-long-do-refunds-take/

6.7.       What if goods have been delivered before you decide to cancel. If any goods have been delivered before you decide to cancel your Contract:

               6.7.1.          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.

               6.7.2.          Unless the goods are faulty or not as described, you will be responsible for the cost of returning the goods to us.

6.8.       Consumers may have additional statutory rights. 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 this clause 6 or elsewhere in these ToS (including the policies referred to within these ToS). 

6.9.       Governing law and jurisdiction. These ToS (and any Contracts for goods created in accordance with these ToS) and any dispute or claim arising out of these ToS and 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.

7.     CONTACT US

7.1.       How we may contact you. If we need to contact you, we may do so using the contact details you provided upon registration with us.

7.2.       Vivobarefoot’s contact details. If you have any concerns, questions, comments or requests regarding these ToS or any document referred to within these ToS, please contact our customer services team:

               7.2.1. using the “Contact Us” form on our website; 

               7.2.2. via email at customerservices@vivobarefoot.com;

               7.2.3. by telephone on +44 (0) 207 048 0600, Monday to Sunday (10.00am – 8.00pm).

8.     VIVOBAREFOOT E-GIFT VOUCHERS

8.1.      Vivobarefoot E-Gift vouchers are available for purchase on our UK site only.

8.2.       You may exchange Vivobarefoot E-Gift vouchers, to the value indicated, wholly or partly for items listed on our website (www.vivobarefoot.com). Vivobarefoot E-Gift vouchers cannot be redeemed or exchanged in physical stores.

8.3.       Vivobarefoot E-Gift Vouchers including unused portions of our gift vouchers, expire one year from the date of issue.

8.4.       Vivobarefoot E-Gift Vouchers cannot be exchanged for cash or for goods already supplied or ordered.

8.5.       If your order exceeds the value of the Vivobarefoot E-Gift Voucher, the balance must be paid with an alternative payment method.

8.6.       If you return an item supplied in exchange for a Vivobarefoot E-Gift Voucher, we will credit your Vivobarefoot  E-Gift Voucher account with the value of the item. No cash refunds will be given.

8.7.       E-Gift Vouchers cannot be refunded after 14 days from the date of purchase or at any time after redemption of an E-Gift Voucher.

8.8.       There is a buying limit of three E-Gift Vouchers per person.

8.9.       You cannot use a Vivobarefoot E-Gift Voucher to purchase additional Vivobarefoot E-Gift Vouchers.

8.10.    Our ToS apply to items supplied in exchange for Vivobarefoot E-Gift vouchers.

8.11.    Vivobarefoot 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.

9.     PROMOTION SPECIFIC TERMS AND CONDITIONS

9.1.       Promotional codes. The following general terms and conditions relating to promotional code redemptions (“Codes”) are set out below:

             9.1.1.          Codes will be valid on full priced products only, unless stated differently on the code offer.

             9.1.2.          Codes cannot be used in conjunction with any other promotion or discount codes. 

             9.1.3.          Codes are valid online on the Vivobarefoot.com website (except for Canada, Czech Republic, Australia and New Zealand sites). Codes are not valid in any of our concept stores.

             9.1.4.          Codes have an expiration date and are only valid during the timeframe communicated.

             9.1.5.          Price adjustments cannot be made on orders placed prior to receiving the discount. 

             9.1.6.          Some codes might require customers to be logged in to their account/or create one to be able to redeem the code/offer.

             9.1.7.          If Vivobarefoot (acting reasonably) suspects any errors and/or mistakes (whether human or technical); or malicious and/or fraudulent activities relating to any Codes, then notwithstanding anything to the contrary, Vivobarefoot is entitled to immediately invalidate Codes and cancel orders and Order Confirmations to which such Codes may have been applied

10.   VIVOHEALTH HUB

10.1.    Notwithstanding anything to the contrary you acknowledge that transactions for Vivohealth Hub courses constitute licences for digital content. By purchasing such content you acknowledge that you will not own the intellectual property rights in such digital content. Consequently, you acknowledge that clause 5.4 above (title) does not apply to Vivohealth Hub digital content.

10.2.    Notwithstanding anything to the contrary, in relation to digital Vivohealth Hub content only, you acknowledge that, if applicable, by purchasing (e.g. clicking or tapping the relevant purchase button) and initiating the downloading or streaming of the relevant Vivohealth Hub digital content, you are confirming that you want the digital content to be immediately credited to your account and that by doing so you are waiving any and all cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.

10.3.    Additional terms apply in relation to Vivohealth Hub – please refer to the Vivobarefoot Terms of Use.

11. PRE-ORDER

11.1. We may make the functionality available for you to order products which will become available at a later date.  Each order of this type is a “Pre-Order”.  

11.2. Pre-Orders will only be available to you if you use our shop in our UK and International Stores (but not Canada). Pre-orders are  not valid in any of our concept stores.

11.3. When you  place a Pre-Order, we take payment for that Pre-Order at the time it is placed  and the money will be taken from your bank account at the point of sale and otherwise in accordance with these Terms of Sale [DL1].

11.4. In addition to the rights of refunds in our Terms of Sale, refunds for Pre-Orders will be available for 14 days from day after you receive our Order Confirmation for the Pre-Order. following the placement of the Pre-Order.

11.5. Once the Pre-Order has been shipped, a customer will be able to request a refund in the same as a standard order in accordance with these Terms of Sale.

11.6. You can place a Pre-Order using E-Gift vouchers and Codes in the same way a standard order is processed.

11.7. You will be able to purchase multiple products of the same style and colour in the same Pre-Order.

11.8. You will not be able to purchase in the same order products that are in stock and products that are available for Pre-Order. Please place a separate order for in stock items.

11.9. You will not be able to purchase in the same order two different products that are both available for Pre-Order.

11.10. You will not be able to purchase in the same Pre-Order, multiples of the same product but in different colours.