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S.C. VIVRE HOMES S.R.L.  TERMS OF PROVISION OF SERVICES

Overview and acceptance of use

Welcome to VIVRE, a platform through which users can purchase products subject to sale by Vivre or its collaborating partners, in a framework governed by these provisions, in conjunction with the legal provisions on online commerce.

In connection with these Terms of Service ("Terms"), the terms "Vivre", "our", "our", "our", "our", "new" and / or "new" refer to S.C. VIVRE HOMES S.R.L. , registered at the Trade Register under no. J2021015306408, sole registration code RO 44853220, based in Romania, Bucharest, Șerban Vodă Street, No 286, Bulding 3A, 6 Floor, ap 27, 4th District, postal code 040222, sell@vivre.eu. The term "you" refers to any visitor to the Site, including any Partner (as defined below). These Terms govern your access to and use of the Services and Collective Content (as defined below) and constitute a legally binding agreement between you and Vivre. Please read these Terms, our Privacy Policy, the General Terms of Service, as all of them are incorporated herein by reference and govern your access to and use of the Services. The services are provided and available only to users who are at least 18 years old. By using the Services, you represent and warrant that you are of legal age to enter into a binding contract with Vivre and that you meet the above eligibility requirements. If you do not meet these requirements, you must not access or use the Services. If you agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to compel that party to comply with these Terms and, in this case, the term "you" will refer to that party, and will apply to it. 

YOU ACKNOWLEDGE AND AGREE THAT, BY CONFIRMING THE TERMS OF PROVISION OF SERVICES AT THE TIME OF REGISTRATION, YOU AGREE THAT YOU HAVE AN OBLIGATION TO FULFILL THESE TERMS OF THESE TERMS AND TERMS. IF YOU DO NOT AGREE, THEN YOU DO NOT HAVE THE RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT.

Essential definitions

a. "Collective Content" means, collectively, Vivre Content and Partner Content. b. "Content" means text, graphics, images, music, software, audio, video, information or other materials. c. "Vivre Content" means the Content that Vivre makes available through the Services, including any Content licensed from a third party but excluding Partner Content. d. "Partner" means a company that completes the Vivre account registration process, as described in the "Account Registration" section below. e. "Partner Content" means the content that a Partner posts, uploads, publishes, sends or transmits to Vivre to be made available through the Services.

Changes

We reserve the right, to modify, suspend, discontinue or discontinue the Services or any content, feature or material that we provide in connection therewith. We also reserve the right to change these Terms from by giving reasonable notice in writing. We will not be liable if, for any reason, the Services are in whole or in part unavailable at any time or for any period. From time to time, we may restrict access by users, including Partners, to some or all parts of the Services. You agree that it is your responsibility to monitor changes to our Services. If we change these Terms, we will give you reasonable prior written notice and post the change on the Site or inform you of the change. By continuing to access or use the Services at a later date, you indicate that you agree to abide by the amended Terms. If the modified Terms are not accepted by you, your only solution is to stop using the Services.

Account Registration

In order to access the Services and to post any Partner Content within them, you must register to create an account ("Account") and become a Partner. You can register directly through the Partners Platform. During the registration process, you will be asked to provide certain information and you will create a username and password. You agree that all information you provide to register for an Account (and / or any subsequent activity or interaction with Vivre and the Services), including through the use of any interactive features of the Services, is governed by our Privacy Policy. and you agree to all actions we take with respect to your information or the information you provide, in accordance with our Privacy Policy. You agree to provide accurate, current and complete information during the registration process and to update this information to keep it accurate, current and complete. We reserve the right to temporarily suspend or permanently close your Account if any information provided during or after the registration process proves to be inaccurate, out of date or incomplete. 

If there are changes regarding, but not limited to, name, legal form, status, registered office, unique registration code (or similar), number of registered in the Trade Register (or similar), payer / non-payer status VAT, associates / shareholders, administrator, the status of trader / non-trader, etc., you have the obligation to send immediately to Vivre the documents attesting these changes.

You are responsible for protecting your password and agree not to disclose it to any third party. You agree that you are solely responsible for any activities or actions in your Account, whether or not you have authorized them. You will notify us immediately of any unauthorized use of your Account. We have the right to deactivate any username, password or other identifying element, whether chosen by you or provided by us, at any time, in our sole discretion, for any reason or no reason, including whether, in our opinion, you have violated any provision of these Terms.

Further details regarding the information collected can be found in our Privacy Policy.

You may not transfer or sell your VIVRE account or User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to these terms.

By setting up a Account you must:

  • be at least 18 years old
  • agree to comply with these terms and the Code of Conduct (details of which are set out below) and
  • keep your account information (including your password) secure at all times.

You are responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality!

VIVRE reserves the right to refuse service to anyone, including restricting, suspending or terminating Accounts that breach these terms or its Code of Conduct.

Representation and Warranties

By entering into these Terms You represent and warrant to VIVRE Marketplace that:

  • You are a business, duly registered and of good standing under the laws of the jurisdiction where you are established and you will provide statutory consumer rights to your Customers on the basis of your status as such;
  • You have the authority and rights to enter into these Terms and perform the obligations placed on you under these Terms;
  • all product listing and pricing information provided by you complies with Applicable Laws; and
  • You will comply with Applicable Law.

Selling on VIVRE Marketplace

By listing an item for sale on your Store, you confirm that the item complies with the Code of Conduct and that you have the right to sell the item.

The price stated in each item listing description must be an accurate representation of the sale. Stores may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items, however Stores may not charge excessive shipping fees or otherwise avoid fees.

All sales are final and binding. The Store is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within the delivery time declared in product description from the order, unless the following exceptional circumstances apply:

  • the buyer fails to meet the terms of the Store's listing such as not providing a valid payment method
  • the Store cannot authenticate the buyer's identity; or
  • the item purchased includes made to order items.

The placement of products for sale via Stores in VIVRE’s search results may vary and depends on a variety of factors including search parameters and preferences. For further information into rankings, please see the ‘Our Marketing Channels’ guide provided to you when you open an account.

Price of Products and Delivery

You are solely responsible for, and have full control over, the price of items listed and sold via VIVRE Marketplace, which you upload through the VIVRE Marketplace back office system made available to you, also the delivery and return taxes, butVIVRE can change the prices charged to the customer, as long as it doesn’t affect the merchants’ revenue, in order to offer a better price for the end customer. 

General conditions regarding products delivery

Delivery time is the period specified by Vivre for the customer on site, this aspect  includes finishing the delivery process a few days before the end of this interval. 

Delivery time is mentioned by you for each product and/or it is generally applicable for all listed products calculated on working days. Working days are considered Monday-Friday except country holidays. If you can not manage the delivery period, you have to inform the customer  and also Vivre for a maximum of 1 day from the date of  placing the order with the correct delivery period. 

Orders placed on Saturday and Sunday, and on legal country holidays will be processed and handed to the courier until the end of the first working day following the non-working day. 

For each order handed to the courier, if the system does not complete automatically the information, it is mandatory for you to add In Vivre Platform the delivery details needed for identifying the package. (e.g. AWB).

Communication with VIVRE Marketplace Customers

The seller is required to check the option in the Partners Platform → Profile → Account settings → Accounts → Actions → Orders, to receive notifications regarding customer requests.

The seller is obligated to communicate with the customer through the order page using the chat feature in the Partners Platform.

The seller must respond within 48 hours to any customer request received on the order page in the Partners Platform.

Refusing purchase and return of the products

Canceled orders 

Orders placed can be canceled by both the customer and you. The customer has the right to cancel the order before shipment using his client account or calling the call center and you can cancel an order if on the ordered product there is a stock difference between the one declared in the platform and the physical one (unavailable stock, damaged product in the warehouse, etc). 

It is important to note that you will have the obligation to keep the stocks declared in the updated Vivre Marketplace platform, reason for which when canceling an order by you, due to stock, that order will be commissioned according to these Terms and Conditions.

Any order that is canceled by the seller for any reason will be subject to commission in accordance with the Terms and Conditions.

Return of the Products by the Customer under the Regulations applicable to distance contracts

The customer has the right to withdraw from the distance contract, according to the terms mentioned in the dedicated presentation page of your online store on the platform, deadlines established in compliance with the Regulations in force. 

You will have the obligation to arrange the collection of the product from the customer and to update the status of the return request in the platform, in maximum 14 days from the moment of registration of the return request. If you do not operate in time to complete the return to the system, it will close automatically (with incident) and the amount to be returned will be transferred to the customer. 

For card paid orders, the Customer will receive a refund from Vivre (through Stripe payments processor).

For payment on delivery orders, the Customer will receive the refund from Partner, in the bank account indicated by the Customer.

For returned orders (with return request), Vivre will refund the commission. 

Warranty and service conditions

It is your responsibility to provide warranty and service to products sold on the Vivre Marketplace platform, in accordance with the Regulations in force. 

It is your responsibility to deliver the products accompanied by the warranty certificate, user manuals in the language of the country on whose territory the final delivery of the products is made or other specified documents, according to the Regulations in force.

Promotions

VIVRE Marketplace may advise you from time to time of any promotions it intends to run via VIVRE Marketplace and offer you the opportunity to also participate in such promotions by having such promotions applying to your items. You are not obliged to participate in any promotions and any such participation will be subject to your agreement.

By accepting, you agree that you will comply with the relevant requirements and rules for the promotion as specified by VIVRE Marketplace.

VIVRE Marketplace’s fees 

We charge a 15% fee on all your transactions completed through VIVRE Marketplace. The commission will be applied to the orders canceled by the Partner, as well. 

Partner Marketplace owes Vivre a commission, as follows:

  • Furniture 15%
  • Garden 15%
  • Carpets 15%
  • Kitchen 15%
  • Decor 15%
  • Textile room 15%
  • Lighting fixtures 15%
  • Bathroom accessories 15%
  • Supplies, Storage, Renovation 15%

Vivre customers are offered, through the sites, 2 payment methods: payment by card and payment on delivery.

For orders placed, with the card payment method we use Stripe payment processor a tripartite payment (settlement) system.

The tripartite payment system means that upon receiving a valid order on the Vivre websites, Stripe divides the amount as follows: 

  • the commission related to the sale will be transferred to Vivre account
  • the difference will be paid directly to the Partner's account.

The transfer corresponding to orders from the Vivre balance to the Store balance in Stripe is made on the following day after the order reaches the customer, according to the delivery status provided by the order’s tracking (AWB).

The payout (payment of the Store’s balance to the IBAN account provided by the Store) is made once a week, on Wednesdays.

You are required to register on the Stripe platform with your own account in order to receive payments for orders paid by card. ALL INFORMATION PROVIDED TO STRIPE IS THE RESPONSIBILITY OF THE STORE.

It is mandatory to onboard in Stripe platform in order to receive the amounts according to your transactions. 

Payment by card it is mandatory for all sellers listed in Vivre Platform. Payment by delivery it is possible but not mandatory.

For orders placed with the delivery payment method, if the delivery is made through your own logistics, you will collect the amount of the order for which we will keep the commission through Stripe according to each transaction, according to the monthly commission report. 

All Fees are inclusive of VAT where applicable. In certain circumstances Fees will not be subject to Romanian VAT but may be subject to taxes under a different jurisdiction. VIVRE Marketplace recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. A valid VAT identification number is required from EU Stores who are VAT-registered. EU Stores are liable to notify VIVRE Marketplace of any change in VAT status.

It is your responsibility to ensure that your Store stays up to date with all Fees owed to VIVRE Marketplace, or your account may be suspended until all outstanding Fees are paid in full. Please note that, if your Store’s product count falls to zero, the Store will no longer show on the Website.

VIVRE Marketplace may decrease the Fees charged at any time in its sole discretion, however we will give you at least 30 days' notice of any Fee increases. VIVRE Marketplace may, at its sole discretion, change some or all of VIVRE Marketplace's services or features (‘Features”) at any time, however you will receive at least 30 days’ written notice of any material changes to the Features, if any such changes require a significant adjustment to the way you use VIVRE Marketplace.

If VIVRE Marketplace suspends or terminates a listing or your account, if you close your account for any reason, or if the payment of Fees due cannot be completed for any reason, all unpaid Fees for the Store will still be payable, all outstanding orders need to be fulfilled and VIVRE Marketplace may also apply penalties such as the suspension of privileges, interest and/or legal action.

If you have any questions about Fees, please contact VIVRE.

VIVRE’ Intellectual Property

VIVRE Marketplace, and any other VIVRE graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of S.C. VIVRE HOMES S.R.L. and its subsidiaries.

VIVRE Marketplace considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Website or otherwise (other than the Content posted by you (as set out below) and the tangible items sold on the Website by Stores) (collectively, the "Material") to be non-confidential and non-proprietary, and VIVRE Marketplace shall not be liable for the disclosure or use of such Material. If, at VIVRE Marketplace's request, you send Material to improve the Website (for example to customer support), VIVRE Marketplace will also consider that Material to be non-confidential and non-proprietary and VIVRE Marketplace will not be liable for use or disclosure of the Material. Any communication by you to VIVRE Marketplace is subject to these terms.

Your Intellectual Property

You hereby grant VIVRE Marketplace a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, database rights and all other intellectual property rights you have in any logos, trade marks, brand names, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you on VIVRE Marketplace (“Content”), in any media now known or not currently known. You agree to allow VIVRE Marketplace to store or re-format your Content on VIVRE Marketplace and display your Content on VIVRE, VIVRE Marketplace, third party comparison sites and digital advertising (including but not limited to use on VIVRE Marketplace approved third party affiliate and/or partner websites and retargeting creative and smart display advertising and/or in web banner creative displayed on websites across the internet) in any way as VIVRE Marketplace chooses, acting reasonably.

You also grant and agree to grant VIVRE Marketplace, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material on VIVRE, VIVRE Marketplace, third party comparison sites and digital advertising (including but not limited to use on VIVRE Marketplace approved third party affiliate and/or partner websites and retargeting creative and smart display advertising and/or in web banner creative displayed on websites across the internet for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

In addition, you waive all moral rights you have in the Content and the Material to the fullest extent permitted by law.

By uploading Content to VIVRE Marketplace you promise that you own and/or have the right to use such Content and that the Content does not infringe any third-party intellectual property rights. If VIVRE Marketplace receives a complaint in respect of any Content posted by you, it shall be your sole responsibility to deal with such a complaint and to compensate VIVRE Marketplace for any loss suffered. VIVRE Marketplace reserves the right to remove any such Content immediately upon receipt of a complaint.

By posting Content on VIVRE Marketplace, it is possible for an outside website or a third party to re-post that Content. You agree to hold VIVRE Marketplace harmless for any dispute concerning this use. If you choose to display your own VIVRE Marketplace-hosted image on another website, the image must provide a link back to its listing page on VIVRE Marketplace.

Your Information

How we use the Personal Details you provide when your register your Store.

This information includes your Store name, Store contact number, other website links and/or store names that you sell on and your Store background information.

As part of a transaction, you may obtain personal information and shipping information and bank account for refunds, from a User. Without obtaining prior permission from the User, this personal information shall only be used for that transaction or for VIVRE Marketplace-related communications regarding the transaction. Without obtaining consent from the User, you shall not add the User to your marketing or mailing list.

Trust in published information

Information provided in or through the Services is provided for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. The trust placed in this information is strictly at your own risk. We disclaim any responsibility and liability arising out of the trust placed in such materials by you or any other visitor to the Site or user of the Services or by any person who may be informed of its contents. Services include content provided by third parties, including materials provided by other users, Partners, bloggers and third party licensors. All statements and opinions expressed in these materials, as well as all articles and answers to questions and other Content, other than Content provided by Vivre, are the sole opinion and responsibility of the person or entity providing those materials. These materials do not necessarily reflect Vivre's view. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by third parties.

Code of Conduct

When you set up a Store you agree to comply with the terms, all applicable local laws regarding online conduct and this Code of Conduct which includes the following VIVRE Marketplace policies which may be updated from time to time.

You are solely responsible for your conduct and activities on your Store. Your Store and your use of VIVRE Marketplace must not:

  • be false, inaccurate or misleading
  • be fraudulent or involve the sale of illegal, counterfeit or stolen items
  • contain items that have been identified as hazardous to consumers
  • include the sale or offer for sale of promotional codes for a Store or any VIVRE Website
  • list any item on VIVRE Marketplace (or conclude any transaction that was initiated using VIVRE Marketplace's service) that, by paying to VIVRE Marketplace a commission fee, could cause VIVRE Marketplace to violate any applicable law, statute, ordinance or regulation, or that violates these terms, including any bribery regulations
  • be obscene, defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including VIVRE Marketplace staff or other users)
  • modify, adapt or hack VIVRE Marketplace or modify another website to falsely imply that it is associated with VIVRE Marketplace
  • link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under these Terms or other policy documents as posted on VIVRE Marketplace

You must not misuse or tamper with our Website or other services (e.g. hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc) or otherwise mess with our tech or functionality or steal our or our customers’ data. Doing any of these things may be a criminal offence, but they also get in the way of us giving our loyal VIVRE customers the best service, so we take them really seriously. VIVRE will report any such breach or activity (and all information about the people carrying it out) to the relevant law enforcement authorities.

We recommend you use virus protection software when using any website, including ours. Although we have a dedicated team who work hard to stop people messing with our Website, we can’t guarantee that it will always be secure from bugs, viruses or troublemakers.

Oh, and you’re not allowed to use automated systems or software to extract data from our Website (AKA 'screen scraping').

Troublemakers take note: you agree to indemnify, defend and hold harmless VIVRE, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of this Website or your breach of the Terms and Conditions.

KPIs

The Vivre Marketplace user guarantees that the shipping rate (representing % of Orders shipped with Shipped status from the total Orders Placed on the VIVRE Platform) in each calendar month will be at least 90%.

Orders canceled by the Vivre Marketplace User must not exceed 5% of the total Orders Placed; on the VIVRE Platform during a calendar month.

Orders returned by the Customer must not exceed 10% of the total Orders shipped (with Shipped status).

In case of non-compliance with any of the indicators detailed above for a period of one calendar month, VIVRE will have the right to proceed to the total or partial suspension of the right to sell the Products / some of the Products through the VIVRE Platform, the suspension will be communicated immediately to the User. Vivre Marketplace, without, due to this suspension, the latter being exempted from its obligations regarding the other Products that are not subject to suspension, as well as from the obligations to pay the Commission.

Linking to this Website

It’s fine for you to link to Vivre sites, as long as you do so in a way that is not commercial, is fair and legal, and doesn’t damage or take advantage of our reputation.

Our Website must not be framed on any other site without our permission.

What Happens if You Breach These Terms?

If VIVRE Marketplace knows or reasonably suspects that you are in breach of these Terms, VIVRE Marketplace may take corrective measure(s), including:

  • temporarily suspending your ability to list items for sale via VIVRE Marketplace;
  • temporarily suspending your access to VIVRE Marketplace; and/or
  • in serious cases which may be determined at VIVRE Marketplace’s sole discretion, terminating these Terms and your access to the VIVRE Marketplace.

VIVRE Marketplace's Rights to Restrict or Suspend Your Access to VIVRE Marketplace

VIVRE Marketplace may suspend or restrict your access to VIVRE Marketplace immediately if:

  • you are in material breach of these Terms;
  • VIVRE Marketplace has reason to believe that you have used VIVRE Marketplace for fraudulent or illegal activity;
  • your use of VIVRE Marketplace is at risk of harming Customers, or VIVRE and its brand reputation or legitimate interests;
  • VIVRE Marketplace is subject to a legal or regulatory obligation which requires it to suspend or restrict your access to VIVRE Marketplace; or
  • VIVRE Marketplace has received an unreasonable number of Customer complaints in relation to your items or activity on VIVRE Marketplace.

Any suspension or restriction will remain in place at VIVRE Marketplace’s sole discretion. You will be required to provide confirmation that you have remedied the breach and/or evidence that the activity or harm described is not or is no longer a threat.

Interactions with customers & other Stores

You are solely responsible for how you interact with other users (whether customers or other Store owners (“Users”)) on the Website. You understand that VIVRE Marketplace does not in any way screen its Users and all Users agree to exercise caution and good judgment in all interactions with others.

Without limiting any other remedies, VIVRE Marketplace may, without notice, and without refunding any fees, delay or immediately remove Content, warn VIVRE Marketplace's community of a User's actions, issue a warning to a User, temporarily suspend a Store, temporarily or indefinitely suspend a User's account privileges, terminate a User's account, prohibit access to the Website, and take technical and legal steps to keep a user off the Website and refuse to provide services to a User if any of the following apply:

  • VIVRE Marketplace suspects a User has breached these terms or other policy documents and community guidelines incorporated herein;
  • VIVRE Marketplace is unable to verify or authenticate any of your personal information or Content; and/or
  • VIVRE Marketplace believes that a User is acting inconsistently with the letter or spirit of VIVRE Marketplace's Code of Conduct and/or these terms, has engaged in improper or fraudulent activity in connection with VIVRE Marketplace or the actions may cause legal liability or financial loss to VIVRE Marketplace's users or to VIVRE Marketplace.

Messages are primarily intended for communicating about transactions and orders that are underway. You must not:

  • use messages to send unsolicited advertising or promotions, request samples, loans, donations or "spam”
  • pass on email addresses or any other information on to third parties.
  • spam other Stores in order to ask them to ‘follow’ your own Stores
  • use messages to knowingly harass, threaten, blackmail or abuse another User.
  • use messages to interfere with a transaction, including:
  • contacting a User to buy or sell an item listed on VIVRE Marketplace outside of the VIVRE Website (i.e. fee avoidance); This action is defined as DIVERSION. By accepting these terms you will be obliged not to resort directly or indirectly to Diversion. In the event of a situation of Diversion of Orders and / or Customers, VIVRE may completely restrict the Products, you being obliged to pay damages in the amount of 10,000 Euro / identified event, following the finding by a court / arbitration of the situation of Diversion of Orders and / or Customers by the Partner carried out directly or through its employees or collaborators. 

or

  • communicating with a User involved in an active or completed transaction to warn the User away from a particular buyer, Store or item.

Please note: as an anti-spam measure, sending too many messages too quickly may auto-disable your account. Please contact the Marketplace Team who will review account activity and enable your account if spam-free.

Compensation

You agree to defend, indemnify and hold harmless Vivre and its parent company, its subsidiaries, affiliates, partners, successors and assigns, as well as each of its owners, Partners, Managers, Directors, Employees, Agents, Representatives, Contractors, Subcontractors , licensors, service providers and third party content providers against any claims, liabilities, damages, lawsuits, judgments, losses, costs, expenses or fees (including legal and accounting fees to a reasonable extent) incurred by any third party. or as a result of your breach of these Terms and / or any law or any rights of any third party and / or your use of the Services, including your Partner Content.

Liability limit

You will not hold VIVRE Marketplace responsible for any loss you may incur as a result of VIVRE Marketplace taking any of the actions described in the Terms of Use, Privacy Policy or Intellectual Property Policy above nor for other Users' actions or inactions, including, without limitation, things they post, items they list or their destruction of allegedly fake items.

Should you have a dispute with one or more Users, or an outside party, you release VIVRE Marketplace (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

In no event shall VIVRE Marketplace, and (as applicable) its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website, VIVRE Marketplace’s services, or these terms, including without limitation, lost profits, emotional distress, or any special, incidental or consequential damages.

VIVRE Marketplace’s liability, and (as applicable) the liability of VIVRE Marketplace’s officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to VIVRE Marketplace in the 12 months prior to the action giving rise to liability, or (b) EUR100.

Premium Orders - Transaction Intermediation

1. Right of intermediation For orders with a total value exceeding EUR 1,000 (hereinafter "Premium Orders"), S.C. VIVRE HOMES S.R.L. reserves the exclusive right to intermediate the transaction by substituting itself in the relationship between the Parties.2. Intermediation mechanism When exercising the right of intermediation for Premium Orders:

  • S.C. VIVRE HOMES S.R.L. will purchase the products from the order directly from Sellers through the Platform;
  • S.C. VIVRE HOMES S.R.L. will simultaneously sell these products to the Client through a distinct sales contract;
  • The prices applied in both contracts will be independently determined by S.C. VIVRE HOMES S.R.L..
  • S.C. VIVRE HOMES S.R.L. will collect the payment through payment order from the Client and the Seller will invoice S.C. VIVRE HOMES S.R.L. for the value of the products included in the relevant premium order.

3. Sellers' obligations for Premium Orders 

By using the platform, Sellers express their irrevocable and unconditional agreement to:

a) Sale to VIVRE: sell the ordered products to S.C. VIVRE HOMES S.R.L. at the prices and under the conditions communicated through the platform;

b) Delivery to Client: deliver the products purchased by S.C. VIVRE HOMES S.R.L. directly to the end Client, in the name and on behalf of S.C. VIVRE HOMES S.R.L.;

c) Returns management: receive, process and manage product returns following requests transmitted by S.C. VIVRE HOMES S.R.L., in accordance with the procedures established in the Seller Guide.

Applicable law and jurisdiction

These Terms and any action related to them will be governed by the laws of Romania, and the regulations on e-commerce for consumer protection, where applicable, are expressly excluded. The exclusive jurisdiction and place of any legal action or proceeding permitted under these Terms belongs to the competent Romanian court and each of the parties to this contract waives any objection regarding jurisdiction and place in respect of the court.

Notifications

Any notices or other communications permitted or required under this document, including those relating to amendments to these Terms, shall be made in writing and sent: (a) by Vivre by e-mail (in each case to e-mail to the main account you provide); (b) by publishing on the Site; For notifications sent by e-mail, the date of receipt will be considered the date on which such notification is sent.

Integrity of the Contract

These Terms constitute the entire agreement and exclusive agreement between Vivre and you regarding the Services and the Content, and these Terms supersede and remove all prior oral or written agreements or arrangements between Vivre and you regarding the Services and the Content.

Severability

The invalidity or inapplicability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or deemed to be replaced by a provision which is deemed to be valid and enforceable and the interpretation of which shall be as close as possible to the intent of the invalid or unenforceable provision.

Miscellaneous

The non-exercise of a right or the non-application of a provision of these Terms by Vivre shall not constitute a waiver of the subsequent exercise of that right or the subsequent application of that provision. The waiver of any such right or provision shall take effect only if it is in writing and signed by a legal representative of Vivre. Except as expressly provided in these Terms, the exercise by any party of any of the remedies available to it under these Terms shall not affect the other remedies provided for in these Terms or otherwise. If, for any reason, a competent court finds that a provision of these Terms is invalid or unenforceable, that provision will be applied to the fullest extent permitted and the other provisions of these Terms will remain in effect and continue to take effect. In these Terms, the word "includes" or "inclusive" means "inclusive, but not limited to". The provisions which, by their nature, remain in force even after the termination of these Terms or your use of the Services will continue to take effect.

Contact us

If you have any questions or complaints regarding these Terms or the Services, please contact Vivre at: sell@vivre.eu

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