Terms of sale

1. Website Overview

The website Vivalias.com is operated by Argenta Design – EI Fabien Simonin, a sole proprietorship registered in France, hereinafter referred to as “the Seller”, “we”, “us” or “our”.

By accessing this website and/or placing an order, you agree to these Terms and Conditions of Sale and Use without reservation.

These terms apply to all users of the website, including, but not limited to, visitors, customers and buyers.

2. Acceptance of Terms

By accessing this website or making a purchase, you acknowledge that you have read, understood and accepted these terms without reservation.

If you do not agree to these terms, you must not use the website or place an order.

We reserve the right to modify or update these terms at any time. Any new version will be published on this page and will take effect as soon as it is made available online.

3. Hosting

The website is hosted by:

Shopify Inc.
151 O’Connor Street
Ottawa, Ontario K2P 2L8
Canada

Shopify provides us with the e-commerce platform that allows us to sell our products and services.

4. Products and Pricing

Our products are offered subject to stock availability.

Product photographs are provided for illustrative purposes only and do not constitute a contractual commitment. We do our best to ensure that colours and visuals are as accurate as possible, but differences may occur depending on the screen or lighting conditions.

Prices are shown in Australian dollars (AUD), inclusive of all applicable taxes or exempt from VAT depending on the company’s status, as a micro-business not subject to VAT under Article 293 B of the French General Tax Code.

Prices may be changed at any time without prior notice.

5. Orders

Customers may place orders through the website.

Any order placed constitutes acceptance of the prices, product descriptions and these Terms and Conditions of Sale.

We reserve the right to cancel or refuse any order from a customer with whom there is an existing dispute or where fraud is suspected.

Once the order has been confirmed, the customer will receive a confirmation email at the email address provided.

6. Delivery

Delivery is free in Australia.

Each order is processed within 1 to 2 business days, excluding weekends and public holidays. After dispatch, the average delivery time is 4 to 10 business days, for an estimated total delivery time of 5 to 12 business days after the order has been confirmed.

Once the order has been processed and dispatched, it is generally no longer possible to cancel it. The legal right of withdrawal remains applicable after the product has been received.

Delivery times may be extended in the event of force majeure or exceptional circumstances, such as carrier strikes or extreme weather conditions.

The customer is responsible for ensuring that the delivery information provided at the time of order is accurate.

In the event of an incorrect or incomplete address provided by the customer, or if a parcel is not collected despite being properly made available by the carrier, the Seller cannot be held responsible for the consequences resulting from these circumstances.

The Seller’s responsibility ends when the customer, or a third party designated by the customer, takes physical possession of the parcel, in accordance with applicable legal provisions.

7. Returns and Refunds

Returns are accepted within 60 days of receiving the product, in accordance with our Return Policy.

Items must be new, unused, undamaged and returned in their original packaging.

Return shipping costs are the responsibility of the customer.

To initiate a return, please contact our customer support team at:
contact@vivalias.com

Our team will provide you with the return instructions and return address.

Once the product has been received and inspected, the refund will be issued within 10 business days to the original payment method.

8. Order Cancellation

Orders may be modified or cancelled as long as they have not yet been processed or dispatched.

Once the order has been processed and dispatched, it is generally no longer possible to cancel it.

This does not affect the customer’s 14-day legal right of withdrawal provided by law. In addition, Vivalias also accepts return requests up to 60 days after receipt, in accordance with its Return Policy.

For any cancellation request, please contact customer support immediately at contact@vivalias.com and include your order number.

9. Availability and Service

We reserve the right to remove or modify a product at any time.

We do not guarantee that the website will always be available, uninterrupted or free from technical errors.

10. Personal Data

Your personal information is collected only for the purpose of processing orders and is never sold to third parties.

The management of your data complies with the General Data Protection Regulation (GDPR).

For any request to delete or correct your personal data, you may contact us at:
contact@vivalias.com

For more information, please refer to our Privacy Policy.

11. Liability

The Seller cannot be held responsible for damage resulting from misuse of the products, use that does not comply with their intended purpose or instructions, or any fault of the customer.

The customer is responsible for the choice and use of the products ordered.

Nothing in these Terms and Conditions shall exclude or limit the consumer’s legal rights, nor the Seller’s liability in the event of a breach of its legal obligations.

12. Applicable Law

These terms are governed by French law.

In the event of a dispute, an amicable solution will be sought as a priority before any legal action is taken.

Failing this, the competent court shall be the court of the defendant’s place of residence or the place where the product was actually delivered.