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Terms and Conditions

 

LIVOOS’ (“LIVOOS”, “we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the “TOS”). Please read the TOS carefully before placing any orders on www.livoos.com. We also recommend you should keep a copy of the TOS for future reference.

LIVOOS is a trading name of the Livoos Limited, a company registered in England and Wales under registration number 08145828. Our registered address is 167 City Road, London EC1V 2AW, United Kingdom.

We wish to draw your attention to our policies relating to the terms of purchase within the TOS and our privacy policy. If you are under 16 you must let your parent or guardian know about LIVOOS’ privacy policy before you register to use this Site or any of this Site’s services. However, we reserve the right to only accept orders from those over 18.

We may modify the TOS from time to time. Please read the TOS and check back often. In case you do not agree to any amendments to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law. 

 

REGISTRATION

To use the services or features made available to you on this Site you will need to register at the time of your first purchase. While registering, you will be required to provide information about yourself that is true, accurate, current, and complete in all respects.

Should any of your registration information change, please notify us immediately at the following e-mail address customerservice@livoos.com. We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify LIVOOS immediately of any breach of security or unauthorized use of your account.

Please refer to our Privacy Policy for information about how we use your data.

 

ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated.

Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the LIVOOS terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to LIVOOS, whose applications are acceptable to LIVOOS and who have authorised LIVOOS to process a change or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit.

By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and where LIVOOS feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number to credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our privacy policy for further information about how we use your data. Please note that once you have placed the order of the Brand Partner’s item you will also be subject to the Brand Partner’s privacy policy.

 

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an e-mail acknowledging the details of your order. This email is NOT acceptance of your order, just a confirmation that we have received it (Order Acknowledgement).

Livoos will pass it onto the Brand Partner with whom you are entering into a sale contract. The Brand Partner will communicate to you the acceptance of the order.

Neither or third party payment processor nor our nominated courier has the authority to accept an order on behalf of LIVOOS and the Brand Partner.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold ; removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every attempt is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. In case we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or in transit. If you order a product that is priced incorrectly for any reason, we will email you or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. If products are recalled in transit, we will process your refund once the products have been returned to us.

 

DELIVERY

LIVOOS offers products for sale which are in the Brand Partner’s stock and available for dispatch.

Once you place the order, Livoos may accept the order as the agent on behalf of the Brand Partner by sending you the order acknowledgment email. Within 24 hours of sending out the order acknowledgment, Livoos will send a copy of such order acknowledgment to the relevant Brand Partner, who will send you an order confirmation, then fulfil and despatch the ordered product(s).

You will be able to see the delivery times on each product page and the Brand Partner will dispatch the ordered item to you as soon as possible after the receipt of the order acknowledgment and at the latest, within 14 days of receipt of the order acknowledgment.

You will be delivered the goods packed securely and in good conditions by the Brand Partner, who will accomplish the entire operation on its own.

Title and Risk in the items will pass to you when the ordered item is/are delivered to the delivery location.

The Brand Partners ensure that their items correspond with their description and the relating applicable specification and are of satisfactory quality, according to the amended Sale of Goods Act 1979.

Livoos will not be responsible for the items, whether they do not conform or are unlikely to comply with the conditions mentioned above, at any circumstances. The Brand Partner is entirely responsible for the products.

 

REFUNDS

In the event that you elect to cancel an order within thirty Business Days after receipt of the goods which you have ordered, Livoos will issue a refund of the retail price of the items together with the relevant delivery charges to you within 14 days of being notified by the Brand Partner that the goods have been returned.

In the event that you request a refund after the Refund Period in circumstances where the Goods have not been delivered in accordance with the Livoos’ Delivery policy (please see above), and/or do not comply with all the concerning statutory and regulatory requirements (Sales of Good Act 1979, as amended, etc.), Livoos will issue a refund of the Retail Price of the Goods to you, together with the relevant delivery charges.

Whenever Livoos refunds the Retail Price of the Goods and relevant delivery charges to the Customer, the Retail  Price (being part of the Retail Price) shall be refunded to you together with the relevant delivery charges on behalf of the Brand Partner according to their return policy, where applicable.

 

WARRANTIES

All information, descriptions, and Specifications provided by the Brand Partner to Livoos are correct, accurate, up to date and comply with all applicable laws and regulations.

All the goods supplied to you correspond with the description and/or Specification provided to or by Livoos and shown on the website. They are of satisfactory quality and fit for purpose.

The goods will comply with the Local Regulations concerning design, manufacture, construction, composition, packaging and labelling, as well as with all the applicable laws and regulations in connection with the production and sale of Goods to Customers including, without limitation, the Data Protection Act 1998, the Distance Selling Regulations 2000, the Sale of Goods Act 1979, the Unfair Agreement Terms Act 1977, the Electronic Commerce (EC Directive) Regulations 2002 and the Privacty and Electronic Communication (EC Directive) (Amendment) Regulations 2011.

 

REMEDIES FOR THE CUSTOMER

In case of: a) omitted dispatch of the item within 14 days; b) omitted or unsuccessful delivery of the product; c) unsatisfactory quality of the item (according the mentioned Sale of Goods Act 1979) and missing conformity to the relating pictures, you hold the right to any one or more of the following remedies, in case it has accepted the goods:

1) to terminate the contract - 2) to reject part or the entire product/s and return it/them to the Brand Partner at the Brand Partner’s own risk and expense, in accordance to the Brand Partner’s return policy – 3) to require the Brand Partner to repair or replace the rejected items, or to inform Livoos to provide a full refund of the price of the rejected products – 4) to refuse to accept any subsequent delivery of the Goods which the Brand Partner attempts to make. Moreover, in accordance with the Brand Partner’s return policy, you are entitled to: a) recover from the Brand Partner any costs incurred by the customer in obtaining substitute goods from a third party and b) claim damages for any other costs, loss or expenses incurred by a customer which are in any way attributable to the Brand Partner’s liability. These remedies are applicable to any repaired or replacement products supplied by the brand partner.

You will be fully indemnified by the Brand Partner against the costs, expenses, damages and direct or indirect losses, including any interest, penalties, and legal and other professional fees and expenses awarded against or incurred or paid by you as a result of or linked to:

  • any claim made against any customer for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with, the supply or use of the products, at the event that the claim arises from the acts or omissions of the Brand Partner, its employees, agents or subcontractors;
  • any claim made against a customer by a third party arising out of, or in connection with, the supply of the goods, to the extent that such claim arises out of othe breach, negligent performance or failure or delay in performance of the Agreement with Livoos by the Brand Partner, its employees, agents or subcontractors; and
  • any claim made against a customer by a third party for death, personal injury or damage to property arising out of, or in connection with, defects in the products, to the extent that the defect in the products derives derives from the acts, omissions of the Brand Partner, its employees, agents or subcontractors.

The mentioned rights and remedies are in addition to their rights and remedies implied by statute and common law.

LIVOOS will store a record of your transactions for a minimum of one year.

 

PRICING POLICY

Prices shown on the Site are in GBP and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in the top left hand corner of the Site. You will be invoiced by the Brand Partner. 

All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.

Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.

If you are a customer whose credit/debit card is not denominated in Sterling, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

 

PAYMENT

We accept Visa, MasterCard, American Express, Maestro and JCB cards, and any other methods which may be clearly advertised on the Site from time to time. Please be aware that we take payment at the point you place your order. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to LIVOOS, we will not be liable for any delay or non-delivery.

 

PAYMENT SECURITY

We take reasonable care to make our site secure. All credit/debit card transactions on this site are processed using BrainTree, a secure online payment gateway that encrypts your card details in a secure host environment. In the event that you a registered LIVOOS user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only use to process card transactions that you have initiated. Braintree’s technology will help ensuring that your shopping experience is safe, simple and secure. 

Moreover, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and any payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procedures unauthorized access to any data you provide when accessing or ordering from the Site.

 

SALE PRICE POLICY & CHARITY

LIVOOS is happy to offer a Sale Price Adjustment on items, according with the agreements made between LIVOOS and the Brand Partners who agreed to sell their products at a more convenient price for the customers. The percentage discount that applies to each product will vary, depending on the single item and the concerning agreement with the specific Brand Partner.  

Please notice that the item’s price convenience is justified solely by the agreements between Livoos and the Brand Partners: Livoos do not sell out-of-season products, at any circumstances.

You can find a certain number of logos upon each item sale price, indicating the concerning charity campaigns. You will be able to choose to make your donation to one of the different causes indicated into the logos, while purchasing the item. Please consider that it is you to click on the charity logo, but it will be Livoos to make the donation, by donating a significant part of its revenue which will be destinated to that specific charity project.

The existence of a siginifcant charity component in the sale will not imply an extra-charge to the selling price, at any circumstances. Livoos’ model aims to combine a special price for the customer combined with the charitable element.

All the customers must know, before placing the order, that Livoos has full discretion upon the choice of the charity to which the donation will be potentially made, under all circumstances.

The donation will be made to the chosen or promoted cause by the customer on a best effort basis after the 30 days return period as per Return paragraph above. Livoos will communicate to you when the donation is made.

  

PERSONAL CHARITY'S OPTION: Validation Criteria 

At Livoos, we welcome your initiative to create and promote your personal charitable cause. All charities need to be validated before getting approval by Livoos.

The goal of our validation process is to provide supporters with the chance to give with confidence and to give more. Our validation process involves a number of security checks to determine that your personal charitable cause meets the following threshold conditions: 

  • Holding a resgistered UK Charity or Community Interest Company number
  • Legitimate cause with clear charitable aims and objectives.
  • The cause’s rationale and the related activities must conform to the law and public order.
  • Not potentially engaging in any illicit activities which could arise to financial crime, fraud and all the other financial misconducts.
  • Will be operated by suitable parties (individual or firm).

If a charitable cause is rejected, Livoos will nominate an approved charity/cause with similar goals where possible. 

 

RETURN POLICY

Working as a sales agent company, we do not hold property title of the goods and therefore the return policy of the brand partner will apply.

You can return the products as you bought the product directly from the Brand Partner according to their policy. We will provide you via email the link concerning the brand partner’s return policy.

Under special circumstances, and for specific products hold by Livoos, we will send you a link to our return policy with the order confirmation.

 

RETURNS AND EXCHANGES

CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATION 2013

If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.

ICACRs: Right to Cancel 

You have the right to cancel your order within 30 days without giving any reason. The cancellation period will expire 30 days from the day after the day on which you acquire (, or a third party other than a carrier and indicated by you acquires) physical possession of the last of the goods. To exercise the right to cancel, you must inform us by letter to: Notice of Contract Cancellation, Customer Care Department, LIVOOS, 167 City Road, London EC1V 1AW , or by email to: customerservice@livoos.com.

For orders cancelled under the ICACRs, we will issue you with a full refund including the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make reimbursement without undue delay, and not later than:(i) 30 days after the day we receive back from you any of the goods supplied; or  ii)(if earlier) 30 days after the day you provide us with evidence that the good have been returned; or (iii) if no goods were supplied, 30 days after the day on which we are informed about your cancellation. 

We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the re-imbursement.

In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the cancelled order back, we may arrange to have it collected from you at your cost. 

You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.

Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email or post as described above.

 

COLLECT-IN-STORE SERVICE

Where you have chosen to use the collect-in store service, the Order Confirmation will contain: a confirmation that the item(s) are available at the chosen store and a note that you must collect the ordered item within 14 days from the date of the order confirmation.

If you fail to collect the item(s) within that 14 days period, the order will be deemed to be cancelled by you and therefore you will be entitled to the refund.

If you decide at the point of collection that you don’t want the ordered item(s), the potential refund will be granted at the sole discretion of the Brand Partner. You are also entitled to ask for the refund of the ordered item(s) and purchase another one of the Brand Partner’s in-store items.

 

REWARD CODES

Reward Codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

  

INTELLECTUAL PROPERTY RIGHTS

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including LIVOOS software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by LIVOOS and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties.

Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

 

CONTENT

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. LIVOOS tries to ensure that the information on this site is accurate and complete. LIVOOS does not promise that LIVOOS's Content is accurate or error-free. LIVOOS does not promise that the functional aspects of the Site or LIVOOS' Content will be error free or that this Site, LIVOOS Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of LIVOOS and we accept no responsibility for any such views expressed in any media.

 

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

 

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than LIVOOS, including advertisers. LIVOOS has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such 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 content, goods or services available on such external websites or resources.

 

COMPENSATION

At our request, you agree to compensate us fully, defend us, and hold us LIVOOS harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

 

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and LIVOOS as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of LIVOOS, and we shall not be liable for any representation, act, or omission on your part.

 

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

 

COMPLAINTS AND GOVERNING LAW

If you have a complaint about us email customerservice@livoos.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance to the English law and the relevant courts of England and Wales will have exclusive jurisdiction.

 

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