VIVOBIOME TERMS OF SALE For VIVOBIOME TABI GEN 01

 VIVOBIOME TERMS OF SALE  
VIVOBIOME TABI GEN 01

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 Terms of Sale (“ToS") are defined in VivoBiome’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 VivoBiome website are subject to the these legally binding 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 VivoBiome 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    Purchase Information. By placing an order with us for a pair of the first generation Tabi Sandals (the “Product”), you will be offering to conclude a Contract (as defined below) with us which will incorporate and be subject to these ToS. Before making your purchase, 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”). 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.

4.    By making a purchase for goods, you agree to provide us with the necessary information, otherwise you acknowledge that we will be unable to make the goods and reserve the right to cancel your purchase. 
4.1    Foot scan. You acknowledge that production of the goods will only commence after we receive the 3D scan of your feet and any additional information required to manufacture the product based on your individual foot shape and dimensions.
4.2    You agree to have your feet scanned by Vivobarefoot (and/or Vivobarefoot’s applicable third-party technology providers i.e. Volumental). You agree that Vivobarefoot shall be entitled to access, retain and use all foot related data captured on a perpetual basis and use such data for any purposes (including commercial purposes) and to create new data derived from such raw data (provided no such data shall identify you).
4.3    Purchasing steps.  Purchases are made on this website as set out below. You will need an email address to make a purchase and must be 18 years of age or over. When you make a purchase, we will use your email to communicate with you about your purchase. We have sole discretion over whether to accept any purchases made on our website.

Purchasing Steps 

4.3.1    Step 1: Foot scan - you attend a location at which  a 3D scan of your feet can be taken by Vivobarefoot (and/or Vivobarefoot’s applicable third-party technology providers i.e. Volumental). At the point of the scan being taken, you create an account (“Profile”) on the website and you agree that Vivobarefoot shall be entitled to access, retain and use all foot related data captured on a perpetual basis and use such data for any purposes (including commercial purposes) and to create new data derived from such raw data (provided no such data shall identify you).
4.3.2    Step 2: You log into your Profile on our website to activate your foot scan and provide any requested personal information. The information provided will be processed with your foot scan in order to create a digital version of your feet and bespoke versions of any relevant products, demonstrated via our fit visualiser.
4.3.3    Step 3: When you are ready to make a purchase, select  “purchase”, you may then be asked for additional information regarding your feet (such as whether you have previously worn Vivobarefoot footwear, and if so, the size you wear, your fit preferences and so on). 
4.3.4    Step 4: When you are ready to complete the purchase, select the delivery and payment preference and check out. If we accept your purchase after check out on our website, full payment of £140 will be taken from the card details you provide and a legally binding contract between us and you (the “Contract”) will be formed. Please note that you cannot cancel your order once your payment has been accepted as your order relates to a bespoke made-to-order product. Please see clause 11 of these ToS for further information about your limited return and refund rights.
4.3.5    Step 5: We will email you to confirm your order (that email being the “Order Confirmation”). The Order Confirmation contains your order information. You should ensure that the details in the Order Confirmation are correct and you should retain and/or print a copy of it. Your Order will also be visible in your Profile. 
4.3.6    Step 7: Once the Contract is complete, your order will be assigned the next available slot in our 3D printing manufacturing process. We aim to deliver to the delivery address you have requested in your order within 30 days from the date on which the Contract is created.   
4.4    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.
4.5    Third party tools. From time to time, we may partner with third-party technology partners and provide you with access to third-party tools and functionalities (i.e. Volumental) over which we have no control or input. You acknowledge that we shall have no liability arising from or relating to your use of these tools. We reserve the right to make changes and offer new services and features on our website (including the release of new tools and resources), which will also be subject to these ToS. 
4.6    Third party terms. You acknowledge that use of the third party tools provided by our third party technology partners (i.e. Volumental) requires your agreement to certain terms (including third party-terms) which shall be notified to you during the order process. You acknowledges that such third-party terms are entered into between you and the applicable third-party and that Vivobarefoot is not a party to such third-party terms nor is Vivobarefoot responsible or liable to you for any third-party act or omission under those third-party terms to the maximum extent permitted under applicable law. 

5.    VIVOHEALTH HUB 

5.1.1    Notwithstanding anything to the contrary, you acknowledge that the purchase of the Product includes access to Vivohealth Hub content, which constitutes a licence for digital content. By purchasing such content you acknowledge that you will not own the intellectual property rights in such digital content. 
5.1.2    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.
5.1.3    Additional terms apply in relation to Vivohealth Hub – please refer to the Vivobarefoot Terms of Use.

6.    20% Promotional Discount Code. 

6.1    Subject to the terms herein, upon purchasing the Product, you will be entitled to a promotional discount code of 20% to be used on any subsequent purchase of VivoBiome footwear. Following the purchase, you will be provided with a unique promotional discount code.
6.2    The following general terms and conditions relating to Code redemptions are set out below:
6.2.1    Codes will be valid on full priced VivoBiome products only, unless stated differently on the code offer.
6.2.2    Codes cannot be used in conjunction with any other promotion or discount codes. 
6.2.3    Codes are valid online on the VivoBiome.Vivobarefoot.com website. Codes are not valid on Vivobarefoot.com in any of our concept stores.
6.2.4    Codes have an expiration date and are only valid during the timeframe communicated.
6.2.5    Price adjustments cannot be made on orders placed prior to receiving the discount. 
6.2.6    Some codes might require customers to be logged in to their account/or create one to be able to redeem the code/offer.
6.2.7    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

7.    Exclusive Instagram Content. The purchase of the Product includes access to exclusive Instagram content on an opt-in basis.
7.1    Subject to the terms herein, upon purchasing the Product, you will be directed to a checkout confirmation page which contains an optional field to provide us with your Instagram handle (“Opt-in Field”). By voluntarily entering your Instagram handle in the Opt-In Field, you expressly consent to: 
7.1.1    the collection of your Instagram handle information; and 
7.1.2    being added to a closed group on our main Instagram account @Vivobarefoot (the “Exclusive Close Friends list”).
7.2    Once you have been added to our Exclusive Close Friends list, you will receive access to exclusive behind-the-scenes content. Content shared in our Exclusive Close Friends list may not be recorded, reproduced or distributed without prior written permission. Additional terms apply in relation to exclusive Instagram content – please refer to the VivoBiome Terms of Use.
7.3    You acknowledge and agree that providing your Instagram handle is entirely voluntary and not required in order to complete your purchase of the Product. You may choose not to provide your Instagram handle or request to be removed from the Exclusive Close Friends list at any time. 

8.    Health Mode. The purchase of the Product entitles you to access Health Mode, if and when launched.   Additional terms will apply in relation to Health Mode if launched – please refer to the VivoBiome Terms of Use.

9.    PRICE AND PAYMENT

9.1    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.
9.2    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.
9.3    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.
9.4    Delivery costs. Our prices include the cost of delivery. 
9.5    Payment in advance is required. All payment for goods must be made in advance before we will despatch the goods.
9.6    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.

10.    DELIVERY, TITLE AND RISK

10.1    Delivery dates. Reflecting the fact that the footwear is made on demand, you will be provided with a delivery window in the Order Confirmation. 
10.2    Delays outside our control. You acknowledge that the delivery date provided is approximate. If our supply of your product is delayed by an event outside our control we will contact you as soon as possible to let you know and do what we can to reduce the delay. If the delay relates to materials that we are unable to re-stock (for example, if the materials 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.
10.3    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.
10.4    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.

11.    CANCELLATION, RETURN AND REFUND

11.1    Cancellation: You acknowledge that the Product is a bespoke made-to-order product and you do not therefore have any right to:
11.1.1    cancel your Contract for supply of, and/or
11.1.2    refund and/or 
11.1.3    exchange
the Product (unless such footwear was damaged, defective or faulty when delivered to you or has been incorrectly delivered).
11.2    Returns and refunds: 
11.2.1    Due to the bespoke nature of the made-to-order footwear, returns will only be permitted, and refunds will only be made, where: (i) the footwear is defective or damaged; (ii) there is a colour mismatch; or (iii) the size or fit is incorrect (“Return Reasons”).  
11.2.2    If you wish to return your footwear, you must follow the process below:
(a)    Request a return within 14 days from the date of delivery of your footwear by clicking on the “Report order issue” button within the relevant order details on your profile and providing the information requested, including selecting the applicable instance of the Return Reasons. You may also upload images of your footwear and provide further information and context regarding the reason for the return (a “Request”).
(b)    A member of our team will review the Request and will, within 5 business days from receipt of the Request, determine whether one of the Return Reasons is applicable and the footwear may be returned and a refund issued.
(c)    Where the member of our team determines that the footwear may be returned and a refund is due, they will arrange for collection of the footwear and payment of a refund, as described further below. 
11.2.3    Where a refund is deemed to be due, Vivobarefoot shall refund you the price you paid for the goods and 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). We will pay any refunds due to you as soon as possible and no later than 14 days from the day on which your Return Request is assessed as being valid. 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. 
11.3    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).
11.4    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.

12.    CONTACT US

12.1    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.
12.2    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:
12.2.1    using the "Contact Us" form on our website;
12.2.2    via email at customerservices@vivobarefoot.com;
12.2.3    by telephone on +44 (0) 207 048 0600, Monday to Saturday (10.00am – 8.00pm).