Terms & Conditions
These terms and conditions (and the other documents referred to here) govern the relationship between you and Vivens FZ LLC when you order any rope from waste plastic bottles or other products ("Products") listed on our website www.vivens.co. ("Website"). These terms and conditions set out important information regarding your rights, obligations and the restrictions that may apply when you order Products from our Website.
Any reference to "you" or "your", means you as a customer of our Products and/or as a user of our Website. Any reference to "we", "us", "our" or” Vivens FZ LLC” is to www.vivens.co. Please read these terms and conditions carefully before ordering any Products from our Website. You should understand that by ordering any of our sustainable products, sustainable rope, recycled products, recycled ropes from waste plastic bottles Products, you agree to be legally bound by these terms and conditions.
We will not file or store a copy of these terms and conditions for each transaction made via the Website. You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Website.
Consumer means an individual that buy products on our website;
Contract means the legally-binding agreement between you and us for the supply of the Goods;
Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means the ropes manufactured from waste plastic bottles advertised on the Shopify website that we supply to you of the number and description as set out in the Order;
Order means the Customer’s order for the Goods from the Vivens FZ LLC as submitted following the step by step process set out on the Website;
Website means our website www.vivens.co on which the Goods are advertised.
- INFORMATION ABOUT US
Vivens FZ LLC Dubai Production City of PO Box 478935, Dubai, UAE is a recycling manufacturing company. We manufacture ropes from waste plastic bottles and sell them on our website. Clients can directly order and check out on our Shopify website, We have forms on our website where we collect contact info and desired products from clients who are based abroad such as in the EU that wishes to purchase bulk orders from the website (Services). These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
- YOUR STATUS
By placing an order through our Website, you confirm that:
- you are legally capable of entering into binding contracts;
- and you are at least 18 years old.
The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
It is your responsibility to ensure that any information or specification you provide is accurate. All Goods which appear on the Website are subject to availability. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- BASIS OF SALE
The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors.
We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
The price of the Goods and any additional delivery or other charges is that set out on the Website from time to time, except in cases of obvious error at the date of the Order. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us.
Product prices and any delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
You can pay with any Visa, MasterCard, Maestro, American Express or Visa Delta card, or via PayPal. Your payment card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. It may be necessary to re-confirm your security number for data protection reasons. Payment will be taken for out of stock product(s) to secure stock, only if you are happy to proceed with the order and agree to wait for the product(s). Payments for products will be itemised on your bank statements as showing payment to Vivens FZ LLC.
The purchase on our website will be made in $ USA dollars. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which holders of international credit cards will be liable to pay.
- ACCURACY OF INFORMATION
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
- OUR PRODUCTS
The images of the Products on our Website are for illustrative purposes only. Your Products may vary slightly from those images as computers, other devices can display colours differently and ropes from waste plastic bottles themselves vary in colour and size. The packaging of the Products may also vary from that shown in images on our Website. Any weights of the Products are approximations only unless we state otherwise.
Whilst we will provide general advice and instructions relating to our Products, any advice, and instructions provided by Vivens FZ LLC relating to our Products have been produced in order to help you in using the Products and to give guidance. These are provided for general information only. We accept no liability for any loss, damage or injury arising as a result of the advice or instructions provided to you on our Website or in conjunction with any of our Products. You are responsible for opening and inspecting the Products upon delivery.
If we are unable to supply you with a Product, for example, because we cannot meet your requested delivery date or because of an error in the price on our Website, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
We will confirm if we can deliver to you and if we can do that within your estimated delivery date, in the Dispatch Confirmation in accordance with our delivery timeframes. Please note that delivery dates are estimates only and Prices are calculated at the checkout. It is your responsibility to ensure that you have given us the correct delivery address and any special delivery instructions.
Please note that the delivery cost may change depending on the type of recycled ropes and the delivery destination for international deliveries
If you or your nominee fail, through to no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
- RISK AND TITLE
The Products will be at your risk on completion of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.
- YOUR CONSUMER RIGHT OF RETURN AND REFUND
You have the right to return and refund if the Product is defective or not as described. If the Products we deliver to you are defective or are not as described on our Website, you should contact us and report such defect or misdescription as soon as possible (we ask that this is within 3 days from delivery of the Products and if possible we ask that you send us a photograph as evidence of the defective or misdescribed Product - this will assist in processing your refund quickly).
We will refund you within 14 days after the day on which (whichever is the earlier of):
- the day we receive the Product back from you;
- the day on which you provide us with acceptable evidence that you have sent the Product back to us; or
- the day on which you provide us with acceptable evidence that the Product is defective or misdescribed and we have agreed for you to throw the Product away safely.
We try our best to ensure that our Products are perfect 100% of the time, but we are sure you will agree that this is not always possible. In the event of a minor issue with the rope you received, we reserve the right to use our discretion as to whether a full refund is applicable or not. We will act reasonably and may offer you a replacement or partial refund or a voucher. We will refund you by the method used by you to pay.
How to contact us: If you wish to cancel a Contract and/or return a Product to us for any of the reasons set out above, you just need to let us know within the applicable timeframe. The easiest way to do this is by using the My Account section on the website. You can close your account using the button on the My Details tab. Alternatively, you can email us at Info@vivens.co. If you are emailing us or writing to us please include details of your order to help us to identify it (and photographic evidence if applicable). If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email.
- CONTESTS, SWEEPSTAKES AND PROMOTIONS
- DISCLAIMER OF WARRANTY
The products we sell have been designed and prepared to comply with the statutory legal requirements and relevant health and safety standards of the United Arab Emirates. We can therefore make no representation or warranty that any Product is compliant with health, safety or other legal requirements which apply outside the United Arab Emirates unless delivery is within the EEA and common EEA Consumer Protection and Safety rules apply.
We shall have no liability under the warranty to the extent that any damage or defect results from:
- a modification or alteration of the Products by anyone other than us;
- your or any third party's use of the Products in a manner contrary to the instructions given to you by us;
- fair wear and tear, wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; or
- any failure to use reasonable skill and care in using the Products and/or failure to use the Products legally and/or for the purposes for which such Products are intended to be used.
- OUR LIABILITY
To the fullest extent permitted by applicable law, our liability to you in respect of an order shall be limited to the value of that order, and we shall not be liable to you for any indirect, consequential, special or punitive loss, harm or damage (including economic loss, loss of profit, loss of revenue, loss of business, wasted expenditure or depletion of goodwill) whatsoever or howsoever caused, including, without limitation, as a result of our negligence. For the avoidance of doubt, nothing in these terms and conditions excludes our liability in respect of death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation.
We use Internet standard encryption technology to protect your data when you transmit it to us. When you use your credit card, all your data is encrypted and held on a Secure Socket Layer (SSL) server. We are constantly updating our technology to provide you with the maximum practicable level of security. To check that you are in a secure area of our Website look at the bottom right of your internet browser and you will see a closed padlock or an unbroken key.
If using a public computer or terminal, always close the browser when you complete an online session.
We will never ask you to confirm any account or credit card details via email and if you receive an email claiming to be from Vivens FZ LLC asking you to do so then please ignore it and do not respond.
Except as expressly set out in these Terms and Conditions, all implied warranties and representations (whether implied by statute, custom, common law or otherwise) are excluded to the fullest extent permitted by law.
Our liability to you will be to provide recycled ropes from waste plastic bottles to the value of the account balance. We exclude all representations, warranties, conditions and terms (whether express or implied) to the fullest extent permitted by law.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
Any claim arising out of or related to use of this Website must be filed within 3 months from the date on which the claim or cause of action was discovered or reasonably could have been discovered, failing to file such claim or cause of action shall be forever barred.
For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
Both Users of our website and Us shall comply with all requirements of the Data Protection Legislation.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Vivens FZ LLC at www.vivens.co. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified when you opened an account with us. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address.
- TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- INTELLECTUAL PROPERTY
All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Vivens FZ LLC, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable the United Arab Emirates and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Vivens FZ LLC.
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Event Outside Our Control").
An Event Outside Our Control includes any act, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; a civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters; impossibility/breakdown of the use of railways, shipping, aircraft, motor transport or other means of public transport including traffic; failure by our suppliers to supply; failure of public telecommunications networks (including the internet); and the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality.
Vivens FZ LLC accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time including (without limitation) to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
If we revise and amend these terms and conditions so as to alter the information required to be provided by applicable laws and regulations, such revisions and amendments will not be effective unless you expressly notify us of your agreement to them.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within seven working days of receipt by you of the Products).
- LAW AND JURISDICTION
Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them will be governed by United Arab Emirates law. Any dispute or claim arising out of or in connection with such Contracts will be subject to the non-exclusive jurisdiction of the courts of Dubai.
These terms and conditions were last updated on 10th, March 2021.