General terms and conditions

OVERVIEW
Welcome to Viva Sara! The terms 'we', 'us' and 'our' refer to Viva Sara. Viva Sara operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Viva Sara is powered by Shopify so we can provide the Services to you.

The terms and conditions below, including any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, access to and use of our Services is not permitted.

ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age in your state or province of residence and you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase or control.
In order to use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment and shipping information. You represent and warrant that any information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account login information and for all activity under your account. You may not transfer, sell, assign or license your account to anyone else.

ARTICLE 2 - OUR PRODUCTS
We strive to provide the most accurate possible description of our products and services in our web shops. But please note that the colors and appearance of the product may differ from how they appear on your screen. This is related to the type of device you use to access the store and the device's settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or correspond to the representation or description in our webshop.
All descriptions of products are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue sales of any product at any time and may limit the quantities of products we offer per person, geographic region or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS
When you place an order, you make an offer to purchase. Viva Sara reserves the right to accept or refuse your order for any reason at its sole discretion. Your order is only accepted after Viva Sara has confirmed it. We must have received and processed your payment before your order will be accepted. Please check your order carefully before shipping. Viva Sara may not be able to honor a cancellation request after your order has been accepted. In the event that we do not accept, change, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or telephone number provided during the ordering process.
You may only return or exchange purchases in accordance with our refund policy [LINK].


ARTICLE 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time you place your order. This price is stated in the confirmation email you receive after your order. Unless expressly stated otherwise, prices quoted are exclusive of taxes, shipping costs, handling charges, customs duties and import duties.
The prices displayed in our web shops may differ from the prices in physical stores, or in web shops or other stores managed by external parties. We may from time to time offer promotions for the Services that may affect pricing and are subject to terms and conditions that are separate from these Terms. In the event of any discrepancy between the terms of a promotion and these Terms, the promotion terms will take precedence.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases you make at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and credit card expiration dates, whenever any changes occur, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges are approved by the credit card company; and (iv) you will pay the charges you incur at the prices displayed, including shipping and handling charges and any applicable taxes, if any.

ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times quoted are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance or events beyond our control. Once we deliver the products to the carrier, title and risk of loss pass to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, marks, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are the property of Viva Sara, its affiliates or licensors, and are protected by patent, copyright, and intellectual property laws of the United States and other countries.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written permission. Except as expressly provided in these Terms, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright or other intellectual property of Viva Sara, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Viva Sara.
Viva Sara names, logos, product names, service names, design elements and slogans are trademarks of Viva Sara or its affiliates or licensors. You may not use such trademarks without prior written permission from Viva Sara. The Shopify name, logo, product names, service names, design elements, and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS
You may be able to access customer tools provided by third parties as part of the Services. We do not monitor or have any control or influence over these tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
You use optional tools offered through the site entirely at your own risk and discretion. You must ensure that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant external party(s).
We may also, in the future, offer new features through the Services (including, the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.

ARTICLE 8 - LINKS TO EXTERNAL PARTIES
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third party materials or websites to which you choose to access. If you decide to leave the Services to access such third party materials or sites, you do so at your own risk.
We are not liable for any harm or adverse consequences related to your visit to any third-party websites or your purchase or use of any products, services, resources or content on third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. If you have any complaints, claims, concerns or questions regarding third party products and services, you should contact the appropriate third party directly.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
Viva Sara uses Shopify so that we can provide the Services to you. However, all sales and purchases you make in our store are handled directly with Viva Sara. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related matter between you and Viva Sara, including any injury, damage, or loss resulting from any products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with Viva Sara.

ARTICLE 10 - PRIVACY POLICY
Any personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, which you here can view. By using the Services, you acknowledge that you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services to you. Information you submit to the Services will be forwarded and shared with Shopify, as well as third parties who may be located in countries other than where you live, so that they can provide services to you. To learn more about how we, Shopify, and our partners use your personal information, please read our Privacy Policy [LINK].

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services, and to perform our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We will have no current or future obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain any libelous or otherwise unlawful, abusive or obscene language, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, impersonate someone else, or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for the Feedback you submit and its accuracy. We are not responsible and assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information provided on or in the Services may contain typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, prices, promotions, offers, shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information. We may also cancel orders if relevant information is incorrect at any time and without notice (including after you have placed an order).

ARTICLE 13 - PROHIBITED USE
You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, (a) for any unlawful or harmful activity; (b) to violate any international, national, federal or provincial law, regulation, provision or local ordinance; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) knowingly send, receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam and other similar methods; (h) to impersonate or attempt to impersonate any person or entity; or (i) otherwise engage in any activity that restricts or inhibits others from using the Services, or which, as determined by us, may harm Viva Sara, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track personal information of others; (d) use spam, phishing, pharm, pretext, spider, crawl or scrape; and (e) to interfere with or circumvent the security features of the Services, any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 - TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at any time without notice in our sole discretion. You will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions which by their nature should survive termination.

ARTICLE 15 - DISCLAIMER OF WARRANTIES
The information provided on or through the Services is made available for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on this information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services and any other persons who may be informed of any of its contents.
UNLESS EXPRESSLY STATED BY Viva Sara, THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANT QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES. THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

ARTICLE 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Viva Sara, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, CRIMINAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACTUAL PROVISIONS, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR ANY PRODUCT THAT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU OPT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

ARTICLE 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Viva Sara, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all costs related to any loss, damage, liability, or claim, including reasonable legal relief, payable to any third party due to or arising out of (1) your breach of these Terms of Service or any documents incorporated herein by reference; (2) violation by you of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you in the event of any claim giving rise to an indemnification, except that failure to provide timely notice will not relieve you of your obligations unless you are materially prejudiced as a result. We may arrange for the defense and settlement of any such claim at your expense, including the use of an attorney, but we will not settle claims involving non-pecuniary obligations without your consent (which you may not unreasonably withhold). You are obliged to cooperate in the defense of claims giving rise to indemnification, including by providing relevant documents.

ARTICLE 18 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

ARTICLE 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 20 - TRANSFER
You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms to others without our prior written consent. We declare an attempt to do so null and void. We may transfer, assign or delegate these Terms and our rights and obligations to others without consent or notice to you.

ARTICLE 21 - APPLICABLE LAW
These Terms of Service and any separate agreements pursuant to which we provide you with our Services shall be governed by and construed in accordance with the federal, state or provincial courts located in the jurisdiction where Viva Sara is headquartered. You and Viva Sara consent to the jurisdiction and personal jurisdiction of the appropriate court. Viva Sarahowever, reserves the right to submit any dispute to the court of the customer's registered office. This clause does not affect art. 624, first paragraph Ger.W. in case the customer is a consumer. This applies without prejudice to the option of the customer-consumer to rely on the special mediation scheme for consumers, about which more information can be found at https://webgate.ec.europa.eu/odr/

ARTICLE 22 - HEADINGS
The headings used in this agreement are for convenience only and will not limit or affect these Terms in any way.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service. We will post updates and changes on our website. It is your own responsibility to regularly check our website for any changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued access or use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 24 - CONTACT DETAILS
If you have any questions about the Terms of Service, please contact us at info@vivasara.be
Our contact details can be found below:
Deprez nv - Viva Sara
info@vivasara.be
Jagershoek 4 - 8570 Vichte - Belgium
+32 56 77 77 76 
BE0436.784.268