This Site is owned and operated by Unit 4 The Courtyard Eastern Road RG12 2XB Bracknell United Kingdom, and whose company number is 10399614 and registered VAT number is GB263495187 (Miss Vivien). These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and Services and the purchase of any Products on this Site will be subject to these terms and conditions.
The information available on or through this Site, and the Services supplied via or in connection with this Site, (including the editorial material provided by Miss Vivien’s experts), is intended as information only and does not constitute advice or medical advice. Products are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. It is your responsibility to determine that the Products are suitable for you and it is not our responsibility to do so.
Where the Site or any Submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by us and we do not accept any liability on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
We try to make sure that all information contained on the Site (and provided by us to you as part of any Services or Products) is correct, but the information is of a general nature and not intended to comprise of all the information relating to the subject matters referred to by the Site and therefore we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site.
Our liability to you in connection with any Product purchased through the Website is strictly limited to the purchase price of that Product.
Date of last update: 1 December 2017
All provisions set out in these terms and conditions which seek to limit or exclude our liability are at all times subject to your statutory rights (further details in respect of which are set out at clause 4.5).
In these terms and conditions, the following definitions apply:
“Miss Vivien” means Miss Vivien Limited, whose registered office is atCalle Viladomat 85-87 - 08015 Barcelona (España), and whose company number and registered VAT number is B-65757262 and 'we', 'us', 'our' shall mean Miss Vivien;
"Dispatch Confirmation" the email we send you confirming your order (at which point the contract between us will be formed);
"Materials" defined in clause 2.2;
"Products" means any products offered for sale on the Site;
"Repeat Purchase" means an order for Products whereby you have indicated that the order should be repeated every a 30/60/90 days until you provide us with notice to cancel in accordance with clause 8.2;
“Services” means any information and services ordered and/or provided by Miss Vivien through or via the Site including, without limitation, all services offered as part of the Repeat Purchase functionality. For the avoidance of doubt, any electronic information supplied to you by Miss Vivien will constitute part of the "Service" not a Product and cancellation rights will apply accordingly;
“Site” means the web site at the URL www.miss-vivien.com or WAP site or replacement site(s) from time to time;
"Submission" means any written comments including a Review that you supply to us or post directly to the Site relating to the Products together with any photographs.
You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.
The intellectual property rights in all materials on the Site and supplied as part of the Products or Services ("Materials") are owned by Miss Vivien. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies or the Materials.
Should you make a Submission to us, you agree to grant us an exclusive, irrevocable, perpetual licence to use it worldwide on the Site (and make it available to other users) and in our marketing materials and for any other business purposes, and to edit your Submissions in the event that Miss Vivien deems it necessary or desirable to do so for whatever reason.
You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website, but agree that Miss Vivien may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website.
You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any Submissions that you make to the Website.
You acknowledge that you will not be able to edit or delete any Submission after submission.
Any user who feels that any Submission made by other users is objectionable is encouraged to contact us at email@example.com. We will review the relevant Submission as soon as is practicable and will take such action as it deems necessary, if any.
You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Miss Vivien.
Miss Vivien accepts no obligation to monitor the use of the Site. However, Miss Vivien reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Miss Vivien will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
Miss Vivien may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms or in accordance with your statutory rights, Miss Vivien does not enter into conditions, warranties or other terms in relation to the Site or the Services or any guaranteed or predicted result from using the Site, Services or Products.
The Site includes links to external sites and co-branded pages. Miss Vivien has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Miss Vivien does not endorse the content of external sites and is not responsible for the content of these sites and pages or for anything provided by them.
Subject to the important liability statement, Miss Vivien is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
The Site or documents sent with a Product, or the packaging or labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.
Miss Vivien does not seek to exclude or limit liability for:
(a) death or personal injury caused by our negligence or the negligence of our directors, employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
and all exclusions or limitations of the liability of Miss Vivien which are set out in these terms and conditions shall at all times be subject to the provisions of this clause 4.5.
As part of the Services offered via this Site, you may be issued with an individual password which can be used to access certain areas of the Site and provide fast checkout. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
In the event of any failure or error in the operation of a password, you shall cease using the password, exit the Site immediately, and notify Miss Vivien of such failure or error.
Miss Vivien reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Miss Vivien promptly of any changes to your registration details.
Miss Vivien may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or pages linked to it will not necessarily be uninterrupted or error free.
Miss Vivien may terminate the Service and cease to send you Products immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to Miss Vivien.
Miss Vivien does not sell Products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-transactional parts of the Site but you may not purchase Products from the Site. By ordering Products you represent that you are 18 years of age or older.
In order to purchase Products, you must submit a valid Visa, Visa Electron, Mastercard, American Express, Delta or Switch credit or debit card, or valid PayPal payment login. You warrant that the payment card or PayPal login you submit is yours. All credit/debit card holders and Paypal users are subject to validation checks and authorisation by the card issuer or payment provider. Miss Vivien is not responsible in the event that your payment card provider refuses to authorise payments.
IMPORTANT: When you order a Repeat Purchase, you agree that we may send you the same Product(s) in the same quantities and on the same chargeable basis every 30, 60 or 90 days (depending on which frequency you have chosen) from the date of your first order, and that we may debit the credit or debit card or charge the PayPal account you submit for your first order for the same amount (including applicable sales tax and postage) on each subsequent dispatch of Products. We will send you a confirmatory email with each dispatch of Products. Unless you notify us that you want to cancel these Repeat Purchase orders you will continue to be sent the same Products and your credit or debit card or PayPal account will be charged the price and relevant sales tax and postal charges every 30, 60 or 90 days (depending on which frequency you have chosen). Once you have purchased your first Products, the price for such Products will change if:
(a) you change your address and the applicable sales tax or postage changes accordingly; or
(b) our prices advertised on the Site increase in which case, we will notify you the new price and the first of your Products to be affected will be the first batch of Products sent after the price change. Price changes will not affect your cancellation rights.
You may cancel future Repeat Purchase orders at any time by:
(a) sending an email to firstname.lastname@example.org; or
(b) by phoning on:
+44 (0) 1344 303691 (UK) Monday to Friday 9am to 5pm On receipt of your email, we will make every reasonable effort to cancel your Repeat Purchase orders before any further Products are dispatched to you. If, however, your cancellation is not processed by us in time to prevent a further dispatch of Products to you, you can cancel such Products when you receive them. Your cancellation rights in relation to dispatched Products are set out in clause 11 (such cancellation rights shall apply to each dispatch of Product(s) you receive under a Repeat Purchase).
8.3 When you select the option to allow us to store your card details we will do so using the Sage Pay Token System. When you select a Repeat Purchase Product we will automatically store your card details via the Sage Pay Token System.
The Token System is a safe way for us to keep card details without actually storing them. Sage Pay store and convert your sensitive payment information into a secure token or "alias". This token is then used by us to process future transactions as and when required, without asking for your card details each time.
It is your responsibility to inform us of any change of address or other relevant details such as payment card details.
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Miss Vivien to buy a Product via the Site (and Miss Vivien reserves the right to refuse orders for Products). No contract will exist in relation to the Products until we have confirmed to you by email that the Product has been dispatched (Dispatch Confirmation). Our acceptance to your offer will be deemed complete and the contract between us shall be formed when we send you the Dispatch Confirmation email.
Information displayed on the Site as to pricing and availability is subject to change by Miss Vivien. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.
While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail, telephone or SMS, if any Products you order turn out to be unavailable. Please allow up to 10 business days for delivery.
In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product's actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Prices are inclusive of VAT so the price of a Product may change if you are ordering from outside the UK (see clause 10.4 below).
Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid.
If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund.
You will not have any right to cancel a Contract for the supply of any Products in the following circumstances:
(a) where by reason of their nature (and the manner in which you have taken care of them) the Product(s) cannot be returned (for example, without limitation, any cosmetics which have been unpackaged and treated in any way that renders it no longer marketable to other customers due to health & safety or hygiene reasons); and/or
(b) where the Product(s) have been customised to your chosen specifications.
Your legal right to cancel a contract starts from the date of the Dispatch Confirmation, which is when the contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your contract is for a single product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your contract is for either of the following:
(a) one product which is delivered in instalments on separate days.
(b) multiple products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the product or the last of the separate products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your product or the first of your separate products on 10 January and the last instalment or last separate product on 15 January you may cancel in respect of all instalments and any or all of the separate products at any time between 1 January and the end of the day on 29 January.
Your contract is for the regular delivery of a product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of products to be delivered at regular intervals over a year and you receive the first delivery of your product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all products to arrive during the year.
To cancel a contract, you need to let us know that you have decided to cancel. The easiest way to do this is to email us (Contact Us). If you use this method we will e-mail you to confirm we have received your cancellation. The Product(s)covered by the cancellation must then be returned to us at the following address:
When returning items you are strongly recommended to carefully pack the items and obtain proof of posting. We cannot accept responsibility for parcels lost in transit.
If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
If you cancel your contract we will:
(a) refund you the price you paid for the products. However, please note:
(i) we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop; and (ii) when returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(ii) if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the contract.
Please note that it can take up to 10 days for us to receive your return, depending on which postal service you use. Refunds are usually processed on the day of receipt, although it may take up to a further week for the amount to show in your account.
(d) Refunds in relation to Products may only be credited to the credit or debit card or PayPal account originally used to make the purchase. If we are unable to put the refund through on this card or account for any reason, we will try to contact you to discuss alternative arrangements. If you used vouchers to pay for the product we may refund you in vouchers.
If a product has been delivered to you before you decide to cancel your contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. If you do not return the Products within 14 days of your cancellation, you will be deemed to have accepted the Products, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site;
(b) subject to clause 11.7 (c) below, unless the product is faulty or not as described you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the product from you, we will charge you the direct cost to us of collection (which will not be materially inconsistent with the sums we charged you for delivery);
(c) If you have returned the products to us because they are faulty or mis-described, we will refund the price of the products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
As you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms.
We amend these terms and conditions from time to time. Please look at the top of this page to see when these terms and conditions were last updated. Every time you order products from us, the terms and conditions in force at the time of your order will apply to the contract between you and us. If we have to revise these terms and conditions and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.
By browsing the Site you are accepting that you are bound by the current terms and conditions which relate to your use of the Site. You should check these each time you revisit the Site.
These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision.
Miss Vivien may delay enforcing its rights under these terms and conditions without losing them.
You agree that Miss Vivien may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to Miss Vivien Customer Service Department, United Kingdom or email: email@example.com .
Promotional offers are valid when used online at www.miss-vivien.com and will allow money off, free samples, free gifts or free delivery when you order from Miss Vivien. Offers may require the use of specific codes to be entered during the checkout process. Codes are valid for a set length of time. Promotions cannot be used in conjunction with other offers. Offers may be limited to one use per customer.
i. By participating in the Promotion, you agree to be bound by these Terms and Conditions and by our decisions, which are final in all matters relating to these Terms and Conditions, the Promotion, the draw and/or the results and no correspondence or discussion shall be entered into.
ii. To the extent permitted by law we accept no responsibility for lost, late, misdirected, undeliverable or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.
iii. Personal information collected from entrants will be used by us solely in connection with the Promotion and will not be disclosed to any third party except for the purpose of operating the Promotion and fulfilling the prize where applicable.
iv. These Terms and Conditions shall be governed by and construed in accordance with englich law and any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.