Terms of Service

Overview and Acceptance of Terms

This website is proudly operated by Vivia Home. Throughout this document, the terms “we,” “us,” and “our” refer collectively to Vivia Home. We are dedicated to providing our esteemed customers—including all visitors, browsers, vendors, customers, merchants, and content contributors—with access to our extensive range of information, proprietary tools, and high-quality services.

Your access to and use of this website is strictly conditional upon your acceptance of all terms, conditions, policies, and notices explicitly stated herein.

By visiting our site, accessing any part of the Service, and/or purchasing products from us, you formally engage in our “Service” and agree to be legally bound by these Terms of Service (“Terms”). This includes your agreement to comply with any additional terms, conditions, and policies referenced or made available by hyperlink within this document.

Please read these Terms carefully. If you do not agree to all the terms and conditions of this agreement, you must immediately refrain from accessing the website or using any of our Services. Should these Terms be considered an offer, acceptance is expressly limited to these specific Terms.

We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting updates on our website. It remains your responsibility to periodically review this page for changes. Your continued use of or access to the website following the posting of any changes constitutes your binding acceptance of those changes.

Our online store is powered by the Shopify Inc. e-commerce platform, which facilitates the sale of our products and services to you.

Section 1 – Online Store Usage and Eligibility

By agreeing to these Terms of Service, you warrant and represent that you are at least the age of majority in your state or province of residence. Furthermore, if you are the age of majority, you confirm that you have provided us with your consent to allow any of your minor dependents to use this site under your supervision.

1.1 Prohibited Activities

You are strictly prohibited from using our products or Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your local jurisdiction, including but not limited to intellectual property and copyright laws. A breach or violation of any of the Terms will result in the immediate termination of your Services.

Section 2 – General Conditions and Service Provision

2.1 Right to Refuse

We reserve the right to refuse service to any individual or entity, for any reason, at any time, at our sole discretion.

2.2 Content Security and Transfer

You understand that your proprietary content (excluding sensitive credit-card information) may be transferred unencrypted across various networks. Such transfers may involve changes necessary to conform and adapt to the technical requirements of connecting networks or devices. Credit-card information is always encrypted during transfer over networks, ensuring maximum security.

2.3 Non-Exploitation Agreement

You expressly agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission. Headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness, and Timeliness of Information

We strive to ensure the information presented on our site is accurate and current, however, we cannot guarantee the absolute completeness or timeliness of all material.

3.1 Limitation of Responsibility

The material on this site is provided for general information purposes only and should not be relied upon as the sole basis for making purchasing or operational decisions. We strongly advise consulting primary, more timely, or complete sources of information before making any definitive decisions. Any reliance on the material presented on this site is strictly at your own risk.

3.2 Historical Data and Modifications

This site may occasionally contain historical information that is not current and is provided for reference only. We reserve the right to modify the contents of the site at any time, but we undertake no binding obligation to update any information on our site. You acknowledge and agree that it is your personal responsibility to monitor changes to our site periodically.

Section 4 – Modifications to the Service and Pricing

4.1 Price Volatility

Prices for all our products are subject to dynamic change without prior notice.

4.2 Service Modifications

We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without advance notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 – Products and Limited Services

5.1 Online Exclusivity and Quantities

Certain products or services may be made available exclusively through our online platform and may have strictly limited quantities. Returns or exchanges for these items are only permitted as explicitly set out in our detailed Return Policy.

5.2 Product Representation and Limitations

We have made every rigorous effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor’s display of any color will be entirely accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction, and to limit the quantities of any products or Services offered on a case-by-case basis. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. Any offer made on this site is void where prohibited by law.

5.3 Quality Assurance Disclaimer

We do not warrant or guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your specific expectations, or that any errors in the Service will be immediately corrected.

Section 6 – Accuracy of Billing and Account Information

6.1 Order Restrictions

We reserve the right to refuse any order placed with us. In exercising this right, we may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These permissible restrictions may include orders placed by or under the same customer account, utilizing the same credit card, and/or orders that share the same billing or shipping address.

6.2 Notification of Changes

If we make a change to or cancel an order, we will attempt to notify you promptly by contacting the email address, billing address, or phone number provided at the time the order was made.

6.3 Customer Obligation

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address and credit-card numbers and expiration dates, so that we can successfully complete your transactions and contact you as necessary. For full details on returns and eligibility, please review our comprehensive Returns Policy.

Section 7 – Optional Third-Party Tools

7.1 "As Is" Access

We may provide you with access to third-party tools over which we neither monitor nor have any form of control or input. You acknowledge and agree that such access is provided by us “as is” and “as available,” without any warranties, representations, or conditions of any kind, and without any endorsement from Vivia Home.

7.2 Assumption of Risk

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You must ensure that you are familiar with and approve of the terms on which any such tools are provided by the relevant third-party provider(s). We may also offer new services and/or features through the website in the future; such new features and services will also be subject to these prevailing Terms of Service.

Section 8 – Third-Party Links and Content

8.1 Third-Party Materials

Certain content, products, and services available via our Service may incorporate materials originating from third parties. Third-party links on this site may redirect you to websites that are not affiliated with or controlled by Vivia Home.

8.2 Disclaimer of Liability

We are not responsible for examining or evaluating the content or accuracy of these external sites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. You must carefully review the third party’s policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed exclusively to the third party.

Section 9 – User Comments, Feedback, and Other Submissions

9.1 Right of Use

If you send certain specific submissions (e.g., contest entries, reviews, ideas, proposals, plans, or other creative materials) at our request or voluntarily send them of your own accord, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.

9.2 Limitations and Liability

We shall be under no obligation to maintain comments in confidence, to pay compensation for any comments, or to respond to any comments. You agree that your comments will not violate any rights of any third party, including, but not limited to, copyright, trademark, privacy, personality, or other personal or proprietary right. Furthermore, your comments must not contain unlawful, abusive, or obscene material, or contain any computer viruses or other malware that could in any way affect the operation of the Service or any related website. You are prohibited from using a false email address, pretending to be someone other than yourself, or otherwise misleading us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 10 – Personal Information and Privacy

Your submission of personal information through the store is strictly governed by our Privacy Policy. We are committed to protecting your data and adhering to all applicable privacy regulations.

Section 11 – Errors, Inaccuracies, and Omissions

11.1 Right to Correction

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, shipping charges, transit times, or product availability. We reserve the absolute right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (even after you have submitted your order).

11.2 Ongoing Obligation

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by applicable law.

Section 12 – Prohibited Uses of the Site

In addition to other specific prohibitions set out in these Terms of Service, you are strictly prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any federal, state, provincial, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service or any related website immediately for violating any of the prohibited uses.

Section 13 – Disclaimer of Warranties; Limitation of Liability

13.1 Service Reliability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without providing you with notice.

13.2 "As Is" Provision

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided (except as expressly stated by us) “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

13.3 Limitation of Liability

In no case shall Vivia Home, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, to the maximum extent permitted by applicable law.

Section 14 – Indemnification

You agree to indemnify, defend, and hold harmless Vivia Home and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 15 – Severability

In the event that 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, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 – Termination

16.1 Duration

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

16.2 Right of Termination

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. Upon termination, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

Section 17 – Entire Agreement

The failure of us to exercise or enforce any right or provision of 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 constitute the entire agreement and understanding between you and us, governing your use of the Service and superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (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.

Section 18 – Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located within the United States for the resolution of any disputes.

Section 19 – Changes to Terms of Service

You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. Your continued use of or access to the website or the Service following the posting of any changes constitutes binding acceptance of those changes.

Section 20 – Company Contact Information

For any questions, concerns, or inquiries regarding these Terms of Service or your orders, please reach out to us using the contact details below.

We value your business and are dedicated to providing clarity and excellence in all aspects of our service.