Terms of service
This ViveeHome.com website (“Website”) contains various web pages owned and operated by Vivee Home LLC, a New York Limited Liability Company (“Company”). Company offers a variety of home décor and furniture items (“Products”) on Company’s Website, which you may purchase (“Orders”). Use of this Website and purchasing any Orders are offered to you conditioned on your full acceptance of the terms and conditions of this agreement contained herein (“Terms”). Your use of this Website and purchasing any Orders constitutes your agreement to all associated Terms. By using Website and purchasing any Orders, you represent that you are lawfully able to enter contracts. Please read the following Terms carefully and keep a copy for your records.
1. Account.
You have the option to create a username and password to purchase any Orders (“Account”). You are responsible for maintaining the privacy of your Account and for restricting access to your Account. You hereby accept all responsibility whatsoever for any and all activities that occur under your Account. You may not assign, or transfer in any manner, your Account to any other person or entity. You agree that Company is not responsible for third party access to Account that results from theft or misappropriation of your Account.
2. Intellectual Property/Confidentiality.
All content included on the Website, including but not limited to, text, graphics, logos, images, and any compilation of such, and any trade secret, patent, trademark, or copyright rights in the Products, are the intellectual property of Company (“Intellectual Property”). You agree to abide by all copyright and proprietary notices or other restrictions contained in such Intellectual Property and will not make any changes. All Intellectual Property that is not public knowledge is Confidential. You shall not disclose any Confidential Intellectual Property to any third party unless explicitly required by law.
As a condition of your license and use of the Intellectual Property, you warrant and represent that you will not use the Intellectual Property for any purpose that is illegal or prohibited by these Terms. You may not use the Intellectual Property in any manner which could damage, disable, or impair the Intellectual Property or interfere with any other party’s use and enjoyment of the Intellectual Property.
You shall not modify, publish, transmit, reverse engineer, transfer or sell, create derivative works, or in any way exploit any of the Intellectual Property. You will use Intellectual Property solely for your personal use and will make no other use of it without the express, written permission of Company. You agree that you do not acquire any ownership rights in the Intellectual Property.
3. Privacy Policy.
Your use of Website is subject to Company’s Privacy Policy. Please review Company’s Privacy Policy, which also governs the Website and informs users of data collection practices.
4. Electronic Communications.
You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
5. Links to Third Party Sites.
Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company.
6. Use of Communication Services.
The Website may contain bulletin board services, chat areas, forums, communities, calendars, and/or other message or communication tools designed to enable you to communicate with the public (“Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are related to the particular Communication Services.
You agree that when using Communication Services, you will not: a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; b) publish, post, upload, or distribute any inappropriate, profane, defamatory, infringing, or obscene topic name, material, or information; c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights to such; d) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage another’s computer; e) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; f) conduct or forward surveys, contests, pyramid schemes or chain letters; g) download any file posted by another Communication Services user that you know, or reasonably should know, cannot be legally distributed in such matter; h) falsify or delete any author attributions, legal or other proper notices or labels of the origin or source of software or other material contained in a file that is uploaded; i) restrict or inhibit another user from using and enjoying the Communication Services; j) violate any code of conduct or other guideline which may be applicable; k) collect information about others, including e-mail addresses, without their consent; l) violate any applicable laws or regulations.
Company has no obligation to monitor Communication Services. However, Company reserves the right to review posts on Communication Services and to remove materials at its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, and for any reason whatsoever. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or government request, or to edit, refuse to post or to remove any information or materials in Company’s sole discretion.
You are advised to use caution when giving out personally identifying information in any Communication Service. Company does not control or endorse the content, messages, or information found in any Communication Service; and therefore, Company specifically disclaims any and all liability to the Communication Services and any actions resulting from your participation in any Communication Service. You are responsible for adhering to any such limitation on usage or reproduction of any materials uploaded to any Communication Service.
7. Indemnification.
You agree to indemnify, defend, and hold harmless Company, its officers, shareholders, employees, directors, and agents for any losses, costs, liabilities and expenses (including court costs and reasonable attorney’s fees) relating to or arising out of your use of the Website or Products or your violation of any of these Terms. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
8. Satisfaction Guarantee/Returns.
If you aren’t fully satisfied with your order, Company offers a thirty (30) day satisfaction guarantee (“Satisfaction Guarantee''). You may initiate a return of your Order for a full refund within thirty (30) days from the date of the purchase. Products must be unused, in the condition you received them, and in the original packaging. You will need to pay for all return shipping charges.
To initiate a refund, please email Company at hello@viveehome.com and provide a receipt or proof of purchase. Company will approve or deny your request within three (3) to five (5) business days. If your request is approved, Company will send you a return label or schedule an appointment to have the item picked up by Company’s third-party shipping company. Once Company receives the item and determines it is unused and in new condition from inspection, Company will refund your card or credit your Account. Please note that refunds may take five (5) to seven (7) business days to appear on your card or Account.
Special Sale Terms: Please note that our standard return policy does not apply to items purchased during special sales or promotions, wherein the sale terms explicitly state “Final Sale” or “Non-Returnable.” Products bought under these conditions are not eligible for return or exchange.
9. Warranty.
Company offers a limited warranty that covers defects in materials and workmanship. If you observe any such defects with your Products, let Company know at hello@viveehome.com, and Company will organize replacement parts, repairs, and if necessary, issue complete replacements. Any reasonably recognizable Damages in Products must be reported within forty-eight (48) hours of receipt. You must send photographs of the Product taken from various angles and distances as well as photos of the box the Product arrived in. You may send Company a short video in lieu of photos. This limited warranty is non-transferable, cannot extend to re-sold Products, and is only valid when Products are used for their intended purpose and exhibit normal use. Defect or damage resulting from negligence, misuse, accidents, abnormal use, modifications, or commercial purposes will not be covered under this limited warranty.
Other than for this limited warranty and the Satisfaction Guarantee per Section 8, Company makes no representation about the suitability, reliability, availability, timeliness, or accuracy of the website and products for any purpose. to the maximum extent permitted by applicable law, the website and products are provided “as is” without a warranty of any kind. company hereby disclaims all other warranties and conditions with regard to the website and products. For any damages to Products resulting from accidents, or not otherwise covered under Company’s limited warranty, please contact Company and Company may, but is not required to, provide cleaning, care, and repair advice if possible.
10. Limitation of Liabtlity.
Notwithstanding anything herein to the contrary, in no event shall company be liable for any special, incidental, indirect, punitive or exemplary, or consequential damages of any kind or nature, including, without limitation, damages for lost profits, loss of use, lost business, or lost opportunities, however caused, arising out of or related to use of the website, orders, products, or otherwise provided in these terms, whether such liability is asserted on the basis of contract, tort, or other theory of liability (including but not limited to negligence or strict liability) and even if company has been advised of the possibility of such damages or such damages could have been reasonably foreseen.
Please read the following two (2) sections carefully. They contain provisions that govern how claims you and company have against each other are resolved. Section 11 contains a class action waiver and section 12 contains a binding arbitration clause that requires you to submit claims you have against company to binding and final arbitration and limits your right to seek relief by jury trial or class action.
11. Class Action Waiver.
The parties agree that either may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding unless both parties agree otherwise. The arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s claim(s).
12. Binding Arbitration.
This Agreement shall be governed by the laws of the State of New York, without regard to the conflicts of law provisions of any jurisdiction. In the event of any controversy or claim arising out of or relating to these Terms, the parties hereto shall consult and negotiate with each other and attempt to reach a solution. If a resolution is not reached, the parties agree thereafter that any controversy, claim or dispute arising under or in connection with this Agreement, and/or the breach thereof, at the request of any party, be submitted to and settled by final and binding arbitration in New York and in accordance with the Arbitration Rules of the American Arbitration Association (“AAA”), including the optional rules for emergency measures of protection, should a party be unable to obtain injunctive relief in a court of law. The arbitrator shall be selected by mutual Agreement of the parties, if possible. If the parties fail to reach Agreement upon appointment of an arbitrator, the arbitrator shall be selected from a panel or panels of persons submitted by the AAA. The selection process shall be that which is set forth in the AAA Arbitration Rules then prevailing, except that, if the parties fail to select an arbitrator from one or more panels, AAA shall not have the power to make an appointment but shall continue to submit additional panels until an arbitrator has been selected. The cost of arbitration shall be borne by the losing party or in such proportions as the arbitrators decide. The decision made pursuant to such arbitration shall be binding and conclusive on all parties involved, and judgment upon such decision may be entered and thereafter enforced in any court of competent jurisdiction.
13. Severability.
If any provisions of these Terms or any application of such provision to any party or circumstances, shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of the Terms or the application of such provision to such person or circumstances, other than the application as to which such provision is determined to be invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and shall be enforced to the fullest extent permitted by law.
14. Entire Agreement/Change To Terms And Services.
These Terms constitute the entire agreement between user and Company with respect to use of the Website and Products. However, Company reserves the explicit right, in its sole discretion, to change the Terms. Company may use reasonable efforts to communicate such changes and by updating the Terms. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of any updates.
Contact us
Company welcomes your questions or comments:
Vivee Home LLC
244 Madison Avenue, #1264
New York, NY 10016
551-260-5257