VIVOBIOME TERMS OF SALE For VIVOBIOME TABI GEN 02 EARLY ACCESS TOKEN

 VIVOBIOME TERMS OF SALE  
VIVOBIOME TABI GEN 02 EARLY ACCESS TOKEN

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 which govern your purchase of a Tabi Gen 02 Early Access Token. This purchase made with us via our VivoBiome website is 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, as purchases of Tabi Gen 02 Early Access Tokens 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.    TABI GEN 02 EARLY ACCESS TOKEN
3.1    Ordering. By placing an order with us to purchase a Tabi Gen 02 Early Access Token, 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 and the VivoBiome Terms of Use 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 VivoBiome 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.

4.    PRICE AND PAYMENT

4.1    Prices. The prices of goods and services will be displayed on our VivoBiome 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 a Contract.
4.2    Price discrepancies. We use reasonable endeavours to ensure that the prices displayed on our VivoBiome 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. Where applicable, our prices exclude the cost of delivery. 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.
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.

5.    CANCELLATION, RETURN AND REFUND

5.1    UK and EU consumers. If you are a consumer in the UK or the European Union: 
5.1.1    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 5.1.2 below. This means that during the relevant period, if you wish to cancel your purchase of the Tabi Gen 02 Early Access Token, you may do so and request a full 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.
5.1.2    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 Order Confirmation. 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.
5.1.3    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 Saturday (10:00am – 8:00pm). 
5.2    Consumers outside the UK and EU. If you are a consumer outside of the UK or European Union and 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 Saturday (10:00am – 8:00pm).
5.3    What happens if you cancel. If you cancel your Contract we will 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. 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. 
5.4    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).
5.5    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. 

6.    CONDITIONS OF PURCHASE

6.1    No purchase guarantee. Purchase of a Tabi Gen 02 Early Access Token does not guarantee that the Tabi Gen 02 will be developed, manufactured, or released. Nor does it guarantee a specific release date of the Tabi Gen 02, which may be subject to change or cancellation without notice.
6.2    Early access. When the Tabi Gen 02 becomes available for you to purchase, we will notify you using the contact details you provided upon registration with us, at which point you will be invited to purchase a pair of the Tabi Gen 02  (the “Notification”). 
6.2.1    You must then, within [14] days of receiving the Notification (the “Early Access Window”) complete all of the required purchasing steps, including (i) completion of a satisfactory in-store foot scan; and (ii) completion of the purchasing steps as outlined in clause 3 of the VivoBiome Terms of Sale. 
6.2.2    Failure to complete all of the required purchasing steps within the Early Access Window will result in the loss of your priority access. Meaning that any subsequent order will join the standard manufacturing queue. Early access cannot be reinstated once forfeited. 
6.2.3    The locations at which foot scanning services are available (“Scanning Locations”) shall be determined at our sole and absolute discretion. You acknowledge that we have no obligation to provide convenient or proximate access to Scanning Locations under these ToS. 
6.3    No purchase obligation. Purchase of a Tabi Gen 02 Early Access Token does not obligate you to purchase the Tabi Gen 02 if and when it becomes available. Purchase upon Notification remains entirely at your discretion. 
6.4    Purchasing steps. Any subsequent purchase of the Tabi Gen 02 will be subject to separate terms of sale which will be available as at the point of purchase. 

7.    VIVOHEALTH HUB 

7.1.1    Notwithstanding anything to the contrary you acknowledge that the purchase of a Tabi Gen 02 Early Access Token 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. 
7.1.2    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.
7.1.3    Additional terms apply in relation to Vivohealth Hub – please refer to the Vivobarefoot Terms of Use.

8.    20% Promotional Discount Code. 

8.1    Subject to the terms herein, upon purchasing a Tabi Gen 02 Early Access Token, 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.
8.2    The following general terms and conditions relating to Code redemptions are set out below:
8.2.1    Codes will be valid on full priced VivoBiome products only, unless stated differently on the code offer.
8.2.2    Codes cannot be used in conjunction with any other promotion or discount codes. 
8.2.3    Codes are valid online on the VivoBiome.Vivobarefoot.com website. Codes are not valid on Vivobarefoot.com in any of our concept stores.
8.2.4    Codes have an expiration date and are only valid during the timeframe communicated.
8.2.5    Price adjustments cannot be made on orders placed prior to receiving the discount.
8.2.6    Some codes might require customers to be logged in to their account/or create one to be able to redeem the code/offer.
8.2.7    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

9.    Exclusive Instagram Content. The purchase of a Tabi Gen 02 Early Access Token includes access to exclusive Instagram content on an opt-in basis. 

9.1    Upon purchasing your Tabi Gen 02 Early Access Token, 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: 
9.1.1    the collection of your Instagram handle information; and 
9.1.2    being added to a closed group on our main Instagram account @Vivobarefoot (the “Exclusive Close Friends List Group”).
9.2    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.
9.3    You acknowledge and agree that providing your Instagram handle is entirely voluntary and not required to complete your purchase of a Tabi Gen 02 Early Access Token. You may choose not to provide your Instagram handle or request to be removed from the Exclusive Close Friends List at any time. 

10.    Health Mode. The purchase of a Tabi Gen 02 Early Access Token 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. 
10.1    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.
10.2    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. 
10.3    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. 

11.    CONTACT US

11.1    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.
11.2    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:
11.2.1    using the "Contact Us" form on our website;
11.2.2    via email at customerservices@vivobarefoot.com;
11.2.3    by telephone on +44 (0) 207 048 0600, Monday to Saturday  (10.00am – 8.00pm).