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Vivo Customer Online Purchase Terms
These Customer Online Purchase Terms (Terms) apply to all Orders made by you (Purchaser or you) to Vivo (Vivo, we or us) submitted through the Website. By placing an Order, you agree to these Terms and Vivo’s Privacy Policy, Website Terms of Use, Returns Policy and Hair and Skin Care Products Online Shipping Policy.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms, unless the context otherwise requires:
Force Majeure Circumstance means any circumstance beyond the reasonable control of Vivo. Such circumstances include, without limitation: delays in manufacture; delays by suppliers; an act or omission of any government or other authority, strikes and labour unrest; shipping delays; acts of war; acts of terrorism; government intervention or sanction; any government restriction or prohibition affecting the movement of persons or goods; fire; flood; drought; accident; natural disaster; pandemic, epidemic or any other event commonly referred to as an “Act of God”.
GST means goods and services tax as defined in the Goods and Services Tax Act 1985.
Personal Information means information about an identifiable natural person as defined under the Privacy Act 2020.
Price means the prices for the Products and the Services as set out on the Website on the date Vivo processes the applicable Order.
Products means any product to be supplied by Vivo to the Purchaser under these Terms and as agreed in each Order Confirmation.
Order means an order for Products or Services by the Purchaser
Order Confirmation means an order confirmation issued under clause 3.2.
Services means any services to be supplied by Vivo to a Purchaser under these Terms as agreed in each Order Confirmation.
Vivo means Vivo Salons LP.
Vivo Salon means a salon operated by Vivo.
Website means the website and any mobile application operated by Vivo from time to time.
1.2 In these Terms, the following rules of interpretation apply unless the context requires otherwise:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and vice versa, and words importing one gender include the other genders;
(c) where a word or phrase is defined its other grammatical forms have a corresponding meaning;
(d) a reference to a person includes a body corporate, an unincorporated body or other entity;
(e) the words “include” or “including” do not limit the meaning of the words to which the example relates to that example or examples of a similar kind; and
(f) a reference to an Act includes any amendments to such Act.
2. AGREEMENT
2.1 Supply of Products: Vivo will supply the Products and Services to the Purchaser and the Purchaser shall purchase the Products and Services from Vivo in accordance with these Terms.
3. ORDERING
3.1 Filling Orders: We endeavour to ensure that any representations made about stock availability is accurate to the last known stock level. You acknowledge that stock availability is subject to change. If Vivo cannot supply a particular Product, we will endeavour to notify you by telephone or email as soon as reasonably practicable.
3.2 Order Confirmation: An Order for the purchase of a Product or Service is not binding on Vivo unless Vivo has notified you that that your Order is confirmed. Vivo may, in its sole discretion, refuse or cancel any Order (even after issuing an Order Confirmation) and limit the quantity of a Product that you can purchase in a single Order. The Purchaser cannot cancel or suspend an Order once an Order Confirmation has been issued.
3.3 Cancelling Orders: We reserve the right to cancel orders that we believe to be placed for commercial purposes or are fraudulent (including where we believe there may have been credit card or a payment related fraud). We may also cancel orders where there has been an error in the listing of the product (e.g. an incorrect price). If we cancel your order, you will be refunded in full.
4. DELIVERY [OR COLLECTION]
4.1 Delivery: Your Order will be delivered to the address nominated in your Order and in accordance with Vivo’s Hair and Skin Care Products Online Shipping Policy, as amended by Vivo from time to time.
4.2 Collection: Vivo may offer “click and collect” services for the collection of your Product. If you selected collection of your Order from a Vivo Salon, the relevant Vivo Salon will contact you by telephone, text message or email to notify you when the Order is available for your collection. Orders for collection at a Vivo Salon must be collected within 20 days of the relevant Vivo Salon giving you notice by telephone, text message or by email that your Order is available for collection. If your Order is not collected within this time, Vivo has the right to allocate those Products to another customer and reorder the Products for you, or cancel your Order and provide you with a refund less any handling fees charged by Vivo. The person who collects the Products must provide photo identification and present the confirmation of Order.
4.3 Delay: Under no circumstances will Vivo be liable for failure to perform a Service by a certain date or failure to ship, or for your failure to receive, Products by a certain date. The Purchaser is not entitled to terminate an Order due to such a delay. If Vivo is unable to perform a Service by the booked date, Vivo will reschedule the booking for a later date and time. If Vivo is unable to deliver the Products or make Products available for collection due to any action or inaction of the Purchaser, then Vivo will be entitled to charge a reasonable fee for re-delivery or re-collection of the Products at a later date and time.
5. PRODUCT, GIFT CARDS & VOUCHER RETURNS
5.1 If any Product ordered by you arrives damaged or is not of acceptable quality, then Vivo will replace or refund the Price paid by you for the Product in accordance with the New Zealand Consumer Guarantees Act 1993 (CGA) and our Return Policy as amended by Vivo from time to time. The rights and remedies offered under Vivo’s Return Policy are in addition to your rights and remedies under the CGA.
5.2 Gift Cards and Vouchers are redeemable for goods and services at Vivo Salons and Skin Clinics in New Zealand, and on the Vivo website (www.vivo.co.nz). Gift Cards and Vouchers can be redeemed in whole, or for part payment. Unredeemed values will remain on the card/voucher until the exiry date or until redeemed, whichever occurs first. No change will be given. Gift Cards and Vouchers are non-refundable and cannot be redeemed for cash or be used towards the purchase of another Voucher or Gift Card.
6.1 Price: The Price for the Products and Services are in New Zealand Dollars and include GST and any other applicable sales tax, unless otherwise indicated on the Website. Prices do not include delivery and handling charges, which are payable by you in addition to the Price. Online and in-store pricing may differ.
6.2 Savings: Each published saving or discount in respect of a Product or Service is by reference to the recommended retail price of the supplier or manufacturer or Vivo’s normal ticketed price.
6.3 Promotion: Vivo may from time to time implement sale promotions or there may be additional sale terms in relation to a Product or Service. These sale promotions or additional terms contained on the Website apply to the sale and supply of the Product or Service and are incorporated by reference into these Terms.
6.4 No advertised Price: Images of Products or Services shown without any advertised Price beside that image are not offered for sale.
6.5 Price Changes: Vivo may vary, change or update any Price for any Product or Service on the Website at any time for any reason without notice to you.
7. PAYMENT
7.1 Payment: All payments must be made by you in full at the time you make the Order.
7.2 Payment options: Payments may be made by using a third party payment service provider (such as Zip and AfterPay) or authorising Vivo to charge your credit card account for the total Price of the Product or Service that is the subject of your Order and the applicable delivery fees. If you use a third party payment service provider, your use of that service will be subject to that payment service provider’s terms and conditions.
7.3 Exclusion of liability: To the extent permitted by law, Vivo will not be responsible for any damage or loss (whether direct or indirect) suffered by you where a credit card or your account with a third party payment service provider is fraudulently used or is used in an unauthorised manner.
8. PRIVACY
8.1 All Personal Information collected, used, disclosed and stored by Vivo will be in accordance with Vivo’s Privacy Policy, as amended by Vivo from time to time.
9.1 Risk: Risk of loss or damage to the Products shall pass to the Purchaser at the time the Products are delivered in accordance with clause 4.1.
9.2 Title: Title in the Products shall pass to the Purchaser upon Vivo’s receipt of full payment for the Products.
10. NO RESALE
10.1 All Products purchased by the Purchaser under these Terms are solely for your personal use and not for resale.
11.1 Vivo will not be liable for any failure or delay in complying with any of its obligations to you if such failure or delay results from a Force Majeure Circumstance.
12. LIABILITY
12.1 Your responsibility: It is your own responsibility to ensure that any Products or Services purchased by you meet your specific requirements. Vivo does not provide any health or medical advice and cannot advise on whether any particular Product or Service is suitable for your specific skin, nail or hair condition or other needs, other than the general information contained on the Product’s label. Vivo will not be liable for any loss or damage suffered or incurred by you as a result of your use of any Product not in accordance with its direction for use or any information contained on the Product’s label.
12.2 Indemnity: You agree to indemnify us for all loss or damages suffered or incurred by us as a result of your breach of these Terms.
13.1 Amendments: Vivo may vary or amend these Terms from time to time by updating the terms on its Website. The updated terms will take effect immediately after they have been posted on the Website and will apply to all Orders placed after that time.
13.2 Waiver: The exercise or waiver, in whole or in part, of any right, remedy or duty provided for in these Terms will not constitute the waiver of any prior, concurrent or subsequent right, remedy or duty within these Terms. No waiver by any party of any provision of these Terms is valid unless it is in writing and signed by an authorised representative of the party against which the waiver is sought to be enforced.
13.3 Severability: The provisions of these Terms are severable and if any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining terms or provisions of these Terms will not in any way be affected or impaired and will remain in full force and effect. If any provision of these Terms is so determined to be unenforceable, then that provision will be severed from these Terms and immediately replaced with a valid, enforceable provision as similar as possible to the severed provision.
13.4 Transfer: If Vivo merge, sell or otherwise change control of its business or this Website to a third-party, Vivo reserves the right, without giving notice or seeking consent, to transfer or assign the Personal Information, content and rights that we have collected from you to a third party.
13.5 Governing Law: These Terms will be governed by and interpreted in accordance with the laws of New Zealand. The Purchaser agrees to submit to the exclusive jurisdiction of courts of New Zealand.