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Terms & Conditions


Welcome to Designs by Viva! Designs by Viva and its associates provide their services to you subject to the following, and access to and use of this website are subject to the Terms and Conditions as detailed below. Your use of this website is deemed as your acceptance of the Terms and Conditions as at the time of use. Please read them carefully. 

The term 'Designs by Viva' or 'us' or 'we' refers to the owner of the website. Our company registration number is 07716353. The term 'you' refers to the user or viewer of our website.

Designs by Viva may change these Terms and Conditions from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. 

PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

 

ELECTRONIC COMMUNICATIONS
When you visit Designs by Viva or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Designs by Viva or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Designs by Viva, with copyright authorship for this collection by Designs by Viva, and protected by international copyright laws.

 

TRADE MARKS
Designs by Viva' trademarks and trade dress may not be used in connection with any product or service that is not approved by Designs by Viva, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Designs by Viva. All other trademarks not owned by Designs by Viva or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Designs by Viva or its subsidiaries.

 

LICENSE AND SITE ACCESS
Designs by Viva grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Designs by Viva. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Designs by Viva. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Designs by Viva and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Designs by Viva' name or trademarks without the express written consent of Designs by Viva. Any unauthorized use terminates the permission or license granted by Designs by Viva. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Designs by Viva so long as the link does not portray Designs by Viva, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may use the Designs by Viva logo or other proprietary graphic or trademark as part of the link so long as the link does not portray Designs by Viva, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

 

YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Designs by Viva and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. Designs by Viva reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Designs by Viva and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Designs by Viva or its associates for all claims resulting from content you supply. Designs by Viva has the right (but not the obligation) to monitor and edit or remove any activity or content. Designs by Viva takes no responsibility and assumes no liability for any content posted by you or any third party. 

PRODUCT DESCRIPTIONS
Designs by Viva and its associates attempt to be as accurate as possible. However, Designs by Viva does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Designs by Viva itself is not as described, your sole remedy is to return it in unused condition.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Designs by Viva ON AN "AS IS" AND "AS AVAILABLE" BASIS. Designs by Viva MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Designs by Viva DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Designs by Viva DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Designs by Viva ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Designs by Viva WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.


APPLICABLE LAW
By visiting Designs by Viva, you agree that the laws of the EU, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Designs by Viva or its associates.


DISPUTES
Any dispute relating in any way to your visit to Designs by Viva or to products you purchase through Designs by Viva shall be submitted to confidential arbitration in England, except that, to the extent you have in any manner violated or threatened to violate Designs by Viva' intellectual property rights, Designs by Viva may seek injunctive or other appropriate relief in any region, and you consent to exclusive jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 

WAIVER
If these conditions are breached and we do not take any action against you, we reserve the right to use our rights and remedies in any other situation where you breach these conditions.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Designs by Viva. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu or you can email us at: viva@designsbyviva.co.uk