The following General Terms and Conditions of Sale regulate the offer and sale of products and / or services on e-commerce Website http://www.vividspot.com (“Website”). Please read these General Terms and Conditions carefully before ordering any products.
Vivid Spot s.r.o., a Company registered in Slovakia (Business register number 47 4091 029 , tax code and VAT number 202 373 8959, has its registered office in Slovakia, at Senecká 9, Samorin. Vivid Spot s. r. o is the holder of the e-commerce Website http://www.vividspot.com
1. Field of Website application
1.1 The online store Website http://www.vividspot.com is reserved for retail sales. Vivid Spot offers products for sale exclusively to customers “end users”, i.e. "Consumers". It is considered a “Consumer” any individual who buys goods for purpose not related to any commercial, craftsman or professional activity carried out in his business. If the user is not a "Consumer" is invited to avoid submitting orders on the online store; Vivid Spot reserves the right not to process orders placed from users who are not "Consumer" and any orders which does not comply with Vivid Spot’s business policy.
1.2 All information contained in the Website does not constitute a binding offer for selling products in any Country or location.
Products offered for sale on the WebSite can only be purchased and dispatched to Customers who reside and indicate as destination worldwide.
1.3 The purchase of the Products on the WebSite is allowed to people who guarantee to be at least eighteen (18) years old and are able to form legally binding contracts.
1.4 The sale of the Products on the Website constitutes a distance contract governed by the Articles 50 and seq. of the Slovak Legislative Decree N. 206 of September 6, 2005 (“Consumer Code”) and by Slovak Legislative Decree N. 70 of April 9, 2003, containing the regulation of electronic commerce
1.5 General Terms and Conditions of Sale applicable are those published at the date of transmission of the purchase order. They may be amended from time to time in consideration of possible regulatory changes. Any changes will be effective from the date of publication on the WebSite
2. Acceptance of General Terms and Conditions of Sale and contract conclusion
2.1 English is the available language to conclude the contract. The contract is concluded in the European Union Countries, as specified in the above paraghraph 1.2
2.2 The Customer is required to read with attention these Terms and Conditions. The Customer is encouraged to download, save or print a copy of it, as well as information about the Right of Withdrawal and any other information that Vivid Spot provides on the Website, either before or during the purchase process.
2.3 To conclude the purchase of one or more Products on the Website, the Customer must fill in the Order Form and send it to Vivid Spot, electronically, following the instructions that appear on the WebSite during the order phases
2.4 By submitting an Order Form through the Website (forward), the Customer unconditionally accepts and agrees to comply with these General Terms and Conditions of Sale in his contract with Vivid Spot. In case of disagreement on certain terms contained in these General Sale Conditions, the user is invited not to submit any order form for purchase on the WebSite
2.5 Vivid Spot will file the Order forms in a database accordingly to the terms of the law. The Customer can get access to his Order Form, through the section “WEBSITE"on the Website
2.6 Once the Customer has submitted his order, Vivid Spot will send an “Order entry confirmation ” email acknowledging the receipt of it.
This email shows an extract of the essential elements of the order: personal data entered by the customer, delivery address, details of the products ordered (description and quantity), price details, method of payment, delivery costs, any eventual additional costs as well as information on the Right of Withdrawal and a Summary of General Terms and Conditions of Sale. The Customer undertakes to verify the correctness and to communicate eventual corrections through the e-mail email@example.com
This e-mail message does not constitute acceptance of the order, but only the confirmation of correct receipt of it by the proper systems of Vivid Spot. Customer will also find his personal “Order Number”, which has to be used in any other following communication with Vivid Spot.
2.7 The contract between Vivid Spot and the Customer will only be concluded when Vivid Spot confirms that the Order has been accepted by email "Order and Shipment Confirmation"
2.8 Any email sent to the Customer acknowledging his order status (such as email of "Request of Further information" or email of "Notification of delivery delay"), or oral communication about the order must not be considered an acceptance of it.
The completion of the contract takes place with the shipment of the ordered products, unless Vivid Spot has not notified to the Customer the non-acceptance of it, or the Customer has requested the cancellation of it.
2.9 Vivid Spot reserves the right to refuse or restrict orders that do not give enough guarantees of solvency or which are incomplete or incorrect. As well as order related to products that are no longer available (out of stock)
In these sentences, Vivid Spot communicates by email to the Customer as soon as possible that the contract is not concluded and that the purchase order has not been accepted, specifying the reasons of refusal.
In case of payment already completed, Vivid Spot provides to refund the Customer for the amount already charged with a reversal of the transaction (see art. 13. Refund method)
Vivid Spot also reserves the right to reject orders from any Customer with whom Vivid spot has an ongoing legal dispute regarding a prior order. Vivid Spot may cancel any order if suspect any fraudulent activity and may refuse to process orders from customers with a previous fraudulent order history
3. Product Information and Product Availability
3.1 The main characteristics of each product are displayed on each “Product information page” on the basis of information provided by manufacturers. Vivid Spot, reserves the right to change any Product information page without notice.
3.2 Vivid Spot will try the best to represent images as closely as possible to the products offered for sale.
The colours of the products, however, may differ from the real ones accordingly to the settings of the computer systems used by the user.
The images in the Product Specifications may also differ in shade of color, size, or in connection with any products accessories. For the purposes of the purchase agreement shall prevail the description of the product contained in the order form sent by the client
3.3 On the Website could be also displayed supporting information to the purchase of a general nature, such as those found, for example, or in the Glossary Buying Guide.
This information is provided as simple generic informative material, not corresponding to real characteristics of a single product. For the purposes of the purchase agreement shall prevail the description of the product contained in the order form sent by the client.
3.4 On the “Product information page” for each product there is a special section containing information about “Product Availability”. The Customer may purchase only products with the following statement “In Stock”.
In case the Product status is “Out of stock” the Customer can proceed with the reservation of the product and Vivid Spot on behalf of the client will order it to the supplier. When the product is available, CVivid Spot will notify the Customer through email.
3.5 Please note that adding a product to the Shopping Cart does not mean that the product is automatically reserved to the Customer.
The product is still available for purchase by other customers until the submission and the Order confirmation notice by Vivid Spot, accordingly with these Terms and Conditions of Sale.
It could depend on simultaneous purchase orders on the Website. It is possible, due to technical reasons, that an “available product”, could become out of stock after the transmission of the order, and therefore is necessary to wait for a new supply. In this case, the Customer will be informed immediately by e-mail (“Product reserved” or “delivery delay”) and may request to cancel the order at any time prior to shipment of the product by clicking on “cancel” button contained in the e-mail.
3.6. In case of unavailability of the Product ordered, the Customer will be notified by e-mail immediately and in any case within thirty (30) days from the day following the transmission of the order. If payment has been already completed , Viviv Spot simultaneously provides to refund the Customer for the amount already charged with a reversal of the transaction. (see paragraph below: 13. Refund procedures)
4. Price, shipping costs, taxes and duties
4.1 All Prices published on the Website are in € (Euros). They are inclusive of VAT (20%) if the Products are shipped and delivered within the European Union. The Price will not include VAT if the Products are shipped and delivered outside the European Union (when available).
4.2 Vivid Spot reserves the right to change the price of Products at any time. It is understood that the price of the Product that will be charged to the Customer is the one shown on the Website at the time of the Order submission. Eventual increase or decrease subsequent to the transmission of the order, will not be considered.
4.3 The Product Price does not include shipping costs. Delivery costs are charged to the customer, and shall be paid by the Customer jointly with the payment of the Total Order Price.
The amount for all orders is 10 eur (including VAT) in the Cart during the online purchase procedure and before the conclusion of it, as well as in the e-mail “Order and Shipment Confirmation”.
4.4 The Total Order Price (with a separate indication of the costs of delivery and any other additional expenses) is always shown in the Cart at the end of the purchasing procedure". This total (which will be indicated to the Customer in “Order entry confirmation ” and in "Order and shipment Confirmation" emails), will be the total amount due by the Customer in relation to the purchase order. Nothing is due from the Customer in more than this amount, apart eventual Customs duties (see paragraph below).
4.5 Shipping to some very specific destinations may require additional fees and costs that are borne by the recipient and paid upon the delivery of products directly to the tax and customs authorities or to the courier. The Customer indemnifies Vivid Spot from such taxes, levies and charges. However any possible tax, levy, expense or other duty provided by laws of the each specific Country in which the Products are shipped and delivered are to be entirely borne by the Customers.
5. How to purchase
5.1 Purchasing Product on the Website is possible with or without registration. The registration allows the Customer to have a range of additional services, by creating a Personal Profile.
5.2 On the online Catalogue, the Customer chooses selects and adds to Cart the products available and orderable, as described in the relevant “Product Information Page”. During order entry,the Customer is required to provide certain personal information (personal data, data destination, landline number and mobile number, e-mail address); and insert valid details of the credit card of which is legally responsible, or other methods of payment (as envisaged by these Terms and Conditions of Sale).
5.3 Vivid Spot reserves the right to request additional information and documentation in order to ascertain the identity and ownership of the Customer to make payment. The Customer warrants that all information provided is true, accurate, and complete (see next paragraph on Payment Method).
5.4 After the placement of the order (forwarded), Customer is invited to print or save an electronic copy of it and still keep the present general conditions of Sale, in compliance with the provisions on distance selling
5.5 The Customer who placed the order with a Log In (means that he is a registered Customer and has created his own profile).
5.6 After confirming to the customer the correct receipt of the order form (see point 2.6 Vivid Spot processes the order and verifies the data entered by the customer, payment method, the preparation of the products in the warehouse. In some cases it may need a telephone contact with the customer or request additional documentation (see paragraph Payment Method)
5.7 Vivid Spot communicates the acceptance of order by sending the “Order and Shipment Confirmation” email containing a summary of the information already contained in the Order Form : target data, description and quantity of products ordered, payment method, data delivery.
5.8 In case of refusal, Customer will be notified by Vivid Spot as soon as possible (and in any event within 30 days from the date of the order placement) by sending an “Order cancellation notice” email containing the reasons. In case of payment already completed, Vivid Spot provides contextually to refund the Customer for the amount already charged with a reversal of the transaction (see art. 10. Refund method)
6. Methods of payment
As mentioned in paragraph 4.2 (Product Price, shipping costs, taxes and duties) Please note that all transactions, including currency, are translated into euros following the payment by the customer.
6.1.1 In case of payment by PayPal, the amount related to the purchase will be debited by PayPal immediately, at the conclusion of the transaction performed by the Customer online.
6.1.2 At the time of the order placement by the customer, the web session shall be redirected from the Website to a safe page on PayPal's website (SSL). On such Website, Customer will be able to complete the payment of the Price using his own PayPal account pursuant to the terms and conditions of the contract agreed between him and PayPal
At no time during the purchase process Vivid Spot is able to know information about the Customer's credit card or other method chosen by the Customer within its own PayPal account. The data are not accessible by Vivid Spot or third parties, nor at the time of placing an order or in later times. No archive of Vivid Spot maintains such data. In no event Vivid Spot can be held responsible for any fraudulent or illegal abuse by third parties, upon payment of products purchased on the Website
6.1.3 In all cases of closing of the contract and subsequent cancellation of the order, the amount of the purchase will be refunded simultaneously by Vivid Spot directly on PayPal account of the customer. The cash back payment tool linked to that PayPal account depends exclusively on the banking system. Once the re-crediting of the amount of the purchase on the PayPal account has been carried out, under no circumstances Vivid Spot may be held responsible for any damages, direct or indirect, caused by delays in crediting due to PayPal or your bank.
6.1.4 Vivid Spot reserves the right to ask the customer, by e-mail, to send a copy of the front / back of a valid identity card. The e-mail request will specify the period within which the document must be received by Vivid Spot. In any case this term will not, be, more than 5 working days. Pending for the requested document, the order will be suspended. In case of a request, the Customer is held to send all the documents requested within the specified time. If Vivid Spot does not receive these documents within the requested time as in the e-mail request or receive invalid or expired documents . The contract will be pursuant to and for the purposes of Art. 1456 cc, and the order will be subsequently cancelled, except the right to compensation for any damage Vivid Spot might face as a result of the client’s conduct. The termination of the contract, the Customer will be notified by e-mail, no later than 2 days after the deadline for submitting documents required by Vivid Spot and will result in the cancellation of the order and will be refunded the amount paid. If Vivid Spot receives the required documentation within the specified time, the terms of delivery, ie the taking in charge of the Product by the courier, will be communicated to the Customer after the confirmation of the transaction by the Central preventing fraud risk.
6.1.5 Vivid Spot can not know and does not store the data in any way connected to the credit card or PayPal account of the Customer or with any other means of payment associated with that account).
6.2 Bank Transfer
6.2.1 Customers can pay through bank transfer. Ordered goods will be sent after we received the payment.
Receivers Bank Adress::
Československá obchodná banka ČSOB
IBAN: SK28 7500 0000 0040 1829 2636
Variable symbol (rereference): Your order number
7.1 The term "shipment" refers to the moment in which Vivid Spot entrusted the Product to the defined Carrier that takes the product in charge (the criteria may vary depending on the type of the product ordered and on the destination)
- Usually arrives within 5 working days (can vary depending on country of destination)
- International Mail 1st class 'Signed For' Delivery - International 'Signed For'
7.2 Shipment terms and Delivery terms are specifically mentioned in relation to the individual product in each relevant “Product information page”. Shipment terms shall take effect from the date of transmission of the order, unless otherwise specified
7.3 If multiple products are ordered at once with different availability status, Vivid Spot will carry out only one shipment. The shipment will take place respecting the longest times (eg in case of 1 product ordered with the status "Out of stock", together with a product with status “In Stock”, both products will be shipped with the shipping time longer, ie 30 days).
8. Delivery: Fees and terms
8.1. Deliveries of products are made to the postal address of the destination specified by the Customer in the Order Module.
Packing and Delivery Fees
8.2 The Customer is required to report any special features related to the delivery location of the Product. In case wrong information and details are provided, the loading of any additional expense that Vivid Spot will withstand to complete the delivery of the Product will be in charge of the Customer.
8.3 The delivery of the order refers to the street level. We do not deliver to PO boxes, post offices, and do not deliver to a third company involved in transport / freight forwarders.
8.4 All responsibility and risk for the goods purchased are charged to the Customer from the moment when the Postal service has the signature of recipients
8.5 Any issue concerning the physical, correspondence or completeness of the goods received must be reported immediately by the Customer to Vivid Spot and no later than 5 days from the date of delivery by reporting by e-mail firstname.lastname@example.org
8.6 In case the Customer asks to re-send the product purchased, Vivid Spot will proceed to a new delivery reserving the right to carry the charge, in addition to the costs, the cost of returning the Product to Vivid Spot.
8.12 In the event that the product purchased is not delivered or is delayed respect to the terms of delivery indicated in the Specifications section, the Customer may report it through the email: email@example.com. Vivid Spot will examine the complaint and shall promptly notify the result to the customer via e-mail within a maximum of fifteen (15) working days.
9. Returns: Right of Withdrawal
9.1 In accordance to Articles 64 and seq. of the Consumer Code (Legislative Decree No. 206/2005), the Customer "Consumer" has the right to withdraw from the purchase of the Product without penalty and without giving any specification reason, within ten (10) working days from receipt of the Product. According to the terms specified in the following points
9.2 Vivid Spot grants the Customer, better terms than provided by the Consumer Code (which states that the customer must send a written notice within ten days, by Postal registered letter with return receipt) to exercise this Right, it is enough to communicate the will within 15 business days from the delivery date of the product, through the email: firstname.lastname@example.org Subject: (“I would like to apply the right of withdrawal)
9.3 Communicating the withdrawal, the customer should indicate the order number (issued at the time the purchase), the Product or Products for which it intends to exercise its right of withdrawal and express clearly his intention to withdraw from the purchase
9.4 Once received the withdrawal request through the email, Vivid Spot Customer Service will promptly provide the customer with instructions on how to return the products, by assigning a unique RMA number (Return Authorization Code). The Customer has to use it for returning the product.
Goods should be returned to Vivid Spot within 10 days from the date of return authorization (RMA). The product must be returned intact, unused, complete with all its original parts and packaging (bags and/or packaging), in compliance with the conditions of the following points 9.5
9.5 How to return - Return shipment by the customer
9.6 In the event that the withdrawal has not been carried out according to Art. 64 and seq. Consumer Code and, especially, if the Product is not complete of all its parts and / or accompanied by its accessories and / or elements that form an integral part (ex, the label must still be attached to products with the disposable seal, it is an integral part of the product) and / or is not in original packaging, or even when it is damaged or used by the client (the products have not been worn, washed, used) other than the reasonable limit of due diligence , it does not involve the termination of the contract and, consequently, will not be entitled to a refund of the amount paid by the Customer for the Product. The product will remain at Customer disposal in Vivid Spot warehouse, waiting for his pick up, at the same time annulling the request of withdrawal.
9.7 In accordance with Article . 67, fourth paragraph, of the Consumer Code, only after receiving the product and only after verifying a positive compliance with the terms and procedures to exercise rights of withdrawal and the integrity (as specified in the above paragraphs), Vivid Spot shall, within fourteen (14) days from the date of reception of the Product, and in any case within thirty (30) days from the date on which Vivid Spot were informed of the requested of withdrawal, refund the sums paid by the customer. The refund will include delivery charges, but not the amount paid for the purchase of any "additional delivery services"
10. REFUNDS PROCEDURES
10.1 The refund will be carried out with a reversal of payment transaction (if payment was made by customer with credit card or PayPal method)
10.2 In case of mismatch between the recipient of the products indicated in the order form and who made the payment of the amount for the purchase, the refund of amounts, in case of the right of withdrawal, will be carried out by Vivid Spot, to those who made the payment.
10.3 As already mentioned in Section 4.2, all transactions made by Customers who reside in an European Union Country are converted into Euros as a result of the payment by the customer. For payments in currencies other than Euro, Vivid Spot still returns the amount in Euro, the currency amount is then calculated on on the ratio of change in the day on which the refund is made. The exchange rate risks are therefore charged to the customer.
11. Conventional Warranty
11.1 The products sold on Website may, depending on their nature, be covered by a conventional guarantee issued by the producer ("Conventional Warranty"). The Customer can rely on this guarantee only towards the manufacturer. The duration, territorial extension, the terms and conditions of use, the types of damage and / or defects covered and any limitations of the warranty depends on the individual producer and are indicated in the certificate of guarantee contained in the product box.
The manufacturer of the Products shall be liable for any damages caused by defects in such Products.
This kind of Warranty has voluntary nature and does not add, does not replace, does not limit or exclude and shall not affect the Legal Warranty
12. Legal Warranty of 12 months for the conformity defects
12.1 Accordingly to the Consumers Code, all products sold on the Website to "Consumer" are also covered by the Legal Warranty of 12 months covering non-conformities with the quality required and declared on the contracts. To receive warranty service, the Customer must preserve the order receipt (“Order and Shipment Confirmation” email or courier delivery note or proof of payment).
12.2 The Legal Warranty of 12 months covers defects or non-conformity of the product, not evident at the time of purchase, existing at the time of delivery of goods, if the product is used properly, complying with its intended use and as established by the Manufacturer (the provisions contained in the documentation eventually attached to the product.
The defect of conformity must be denounced, subject to revocation of warranty, within one months from the date it was discovered.
12.3 Goods are deemed to be in conformity with the contract if, at the moment of delivery to the consumer:
12.4 Are therefore excluded from the scope of the Legal Warranty defects determined by accidental facts or responsibility of the Customer or by a use of the product does not conform to its intended use and/or specified in technical documentation may be attached to the product.
12.5 In the event of a defect or non-conformity of the product, Vivid Spot provides, without charge to the customer, to restore the conformity of the product: by repairing or replacing the product with another one with equal or greater features. Otherwise with appropriate price reduction or termination of contract refunding the amount paid.
12.6 In order to benefit of the Legal Warranty, the Customer must then provide first of all the evidence of the date of purchase and delivery of goods. It is advisable that the customer, for the purposes of such evidence, save a copy of “Order and Shipment Confirmation” email, which Vivid Spot sent or any other documents attesting to the date of execution of the purchase (for example, courier delivery note or proof of payment).
12.7 The Customer must send to Vivid Spot a specific communication, which requires the Elimination of non-conformity, through e-mail email@example.com Subject: Product is defected
Customer service will provide the Customer with specific guidelines for each product in order to activate the warranty (ex., how opening practice, RMA, etc.). Vivid Spot will promptly reply to the Customer communication, pointing out which steps he should follow next.
12.8 In cases where the application of the guarantee provides for returning the product to repair the defect, the product must be returned by the Customer in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment). To limit damage to the original package, it is recommended to put it into another box. The attachment of labels or tape directly on the original product packaging should be avoided.
Vivid Spot will provide to Customer a Return Authorization Number (RMA) sending a specific e-mail ( “Return Authorization”) The RMA’ number must be shown on the outside of the package, following the instructions provided directly in the e-mail.
12.9 The repair will be carried out as soon as possible. The average timing may vary from 15 to 60 working days. In case of unjustified exceeding of the term, the Customer may require the replacement of the good or the resolution of the contract. No damages can be requested to Vivid Spot for any delay in repairs or replacements.
12.10 If the defect is not found or if it should not be a non-conformity of the product, pursuant to Legislative Decree No 206/2005, the Customer will be charged for any costs of check and repair, as well as any other costs (transport, etc..) eventually sustained by Vivid Spot. The warranty is invalid if the defect was caused by neglect or misuse of the purchaser, fraud, humidity, or other causes not related to manufacturing or production defects
13.1 The personal data requested and provided by the Customer during the filling of the Order Module are collected and processed in order to meet the demands of the Customer and will not under any circumstances be licensed to third parties. Vivid Spot guarantees its customers the respect of rules on the processing of personal data, subject to the privacy code set out in Legislative Decree No. 196 dated 30.06.2003 and subsequent modifications.
14. Errors and / or inaccuracies on the Site
14.1 Vivid Spot is constantly committed to check the online catalogue to prevent errors or inaccuracies. However, it is possible that the Website contains errors, inaccuracies or omissions. Vivid Spot therefore reserves the right to correct any errors, inaccuracies or omissions contained on the Website, even after it was eventually received an Order. Also reserves the right to change or update information at any time without prior notice to Customer.