The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Miscellaneous
Payment
We accept Visa, Master Card and Discover. We do not charge your credit card until the date we ship your merchandise to you. Orders are shipped subject to verification and acceptance before shipping. We are not responsible for typographical errors.
To protect your security, please do not send cash or email us your credit card number. We do not accept checks.
We collect sales tax only in states where we have a physical presence. At this time we do not have any store locations.
Please include your email address as we will email you confirmation of receiving the order.
Shipping
Domestic
All orders will be shipped via UPS ground. If you require earlier delivery, please let us know and we will gladly make arrangements. We do not cover shipping charges unless otherwise noted.
Our standard operating hours are Monday - Friday 9am - 5pm Eastern Time. We are closed all national holidays. Orders placed Monday through Thursday will be shipped the same day or the next business day. Orders placed Friday - Sunday, holidays or the day prior to a holiday will be shipped on the following business day. Should our hours and shipping policy change, it will be posted online.
International
If you have international shipping needs, please email us
contactus@vivique.com
Shipping Address Options
Packages can be sent to the same address as your billing address or to another address.
Returns and Exchanges
Domestic
We are sorry that you did not find your purchase to your liking. We are pleased to accept returns or exchanges for apparel that is returned in "original condition" as defined as unworn, unused, unwashed or not defective, with tags attached and in resalable condition. Unwanted apparel may be returned within 7 days of your receiving the shipment (i.e. If you receive the package on a Monday, the return item is due at Vivique the following Monday). We recommend insuring your items when sending as we are not responsible for lost packages. Sale items are neither returnable nor exchangeable.
When we receive the item(s), your receipt, and a completed return/exchange form, we will perform a qualified inspection. Acceptable returns will be refunded for the full purchase amount to the original credit card (excluding shipping). If the receipt is unavailable and the item(s) are returned within 7 days of you receiving, we will refund based on the current selling price.
If you are exchanging, we will issue a refund to your credit card upon receipt of the original unwanted garment. We will then issue a new order and charge you for the cost of the new item. If the exchange is necessary due to our error in shipping the wrong product or a defective product, we will cover standard shipping charges for returning the item to us and we will ship the correct item back to you complimentary.
When returning discounted apparel, your discount may no longer apply if your order does not meet the discount requirements. Your order charges will be adjusted accordingly. If purchasing a collection of items that are priced at a discount, returning any item(s) will result in Vivique charging the full price for the remaining items purchased and kept.
When making a return, emailing us prior to mailing your package will help us to expedite your return in a more timely manner.
contactus@vivique.com
Please note, we do not accept returns for items not purchased through this Web site.
We reserve the right to have final approval on all returns and exchanges.
Contact us
Please contact us with any questions or concerns.
contactus@vivique.com
Terms of Use
A. GENERAL
1. General
By using the Site, you, the user of the Site ("User"), are subject to these Terms of Use. User may not use the Site for any unlawful purpose. The Vivique Web site, www.viviqueapparel.com ("the Site"), may change the terms in this Agreement at anytime. The changes will appear in this Agreement, and the User's use of the Site after the posting of any changes will constitute User's agreement to the modified terms. Therefore, User should read these Terms of Use each time before User accesses the Site. User may print a copy of this Terms of Use Agreement for reference. Vivique is a trademark of Rosan Hudson Enterprises, LLC, a Delaware limited liability company ("RHE").
2. Modification of Site
User understands and agrees that RHE may discontinue or change the Site at anytime, without notice. Also, User understands and agrees that RHE may discontinue or restrict User's use of the Site for any reason without notice.
3. Copyright Protection
The content displayed on the Site ("Content") is the property of RHE, and is protected by U.S. and international copyright and other intellectual property laws.
4. Content Use Limitations
User agrees not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any Content on the Site. User also agrees not to distribute, transmit, broadcast or circulate any Content to others, without the express prior written consent of RHE, except User may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of such Content, without charge, to a limited number of individuals, provided User includes all copyright and other proprietary rights notices with that portion of the Content, in the same form in which the notices appear on the Site, and the phrase "Used with permission from RHE".
User may not post any Content to forums, newsgroups, mail list, electronic bulletin boards, or other websites, without the prior written consent of RHE.
The Site's Content includes information, tips, facts, views, and opinions RHE deems worthy of publication. RHE DOES NOT GIVE TECHNICAL, BUSINESS, OR ANY OTHER PROFESSIONAL ADVICE THROUGH OR IN CONNECTION WITH THE SITE.
5. International use
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are available for use in other locations. Please contact us if you are in an international location and interested in receiving our product.
6. Product and Pricing Information
RHE makes every effort to display our product and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user, and RHE cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. RHE is not responsible for typographical errors regarding price or any other matter.
7. Trademarks
The Site contains trademarks and trade names of RHE. Third party trademarks and trade names are the property of their respective owners.
8. Disclaimer of Warranties
Although RHE strives to provide high quality Content, RHE does not guarantee or warrant the accuracy, completeness or timeliness of the Site Content.
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE INFORMATION FROM THE SITE IS AT USER'S SOLE RISK. THE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RHE EXPRESSLY DISCLAIMS TO THE USER ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING. BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RHE MAKES NO WARRANTY THAT THE CONTENT WILL MEET USER'S REQUIREMENTS, OR THAT ACCESS TO THE SITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES RHE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILTY OF ANY CONTENT. USER UNDERSTANDS AND AGREES THAT ANY DOCUMENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS INFORMATION SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
RHE MAKES NO WARRANTY REGARDING ANY INFORMATION OBTAINED FROM HYPERLINKED THIRD PARTY SITES. NO INFORMATION OBTAINED BY USER FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.
9. Limitations of Liability
BY USING THE SITE, USER IS AGREEING THAT UNDER NO CIRCUMSTANCE WILL RHE BE RESPONSIBLE FOR ANY INFORMATION CONTAINED IN, DISPLAYED ON OR OMMITTED FROM THE SITE; ANY PERSON'S RELIANCE ON ANY SUCH INFORMATION, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT OR COMPLETE; THE CONSEQUENCES OF ANY ACTION USER OR ANY OTHER PERSON TAKES OR FAILS TO TAKE BASED ON INFORMATION PROVIDED BY OR AS A RESULT OF THE USER OF THE SITE.
USER SPECIFICALLY AGREES THAT RHE IS NOT LIABLE FOR ANY CONDUCT BY USER ASSOCIATED WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, ACTIVITIES RELATING TO DATABASES, DIRECTORIES, COMMUNITIES, RESUMES, USER PROFILES, SURVEYS, CHAT ROOMS, MESSAGE BOARDS OR OTHER SERVICES CURRENTLY OFFERED OR THOSE SERVICES THAT WILL BE OFFERED IN THE FUTURE.
EXCEPT AS MAY BE PROVIDED BY ANY EXPRESS WARRANTIES GIVEN BY RHE IN CONNECTION WITH AN ORDER, IN NO EVENT SHALL RHE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, OR FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF RHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT RHE IS FOUND LIABLE, ITS LIABILITY TO USER OR ANY THIRD PARTIES IS LIMITED TO $1. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILTY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.
10. Indemnity
User agrees to indemnify RHE against any and all claims and expenses, including attorney's fees, arising from the User's use of the Site or breach of this Agreement.
11. Revocation of Access
RHE reserves the right to revoke User's access to the Site or any use authorizations relating to the Site granted to User.
B. PRIVACY AND SECURITY POLICY
1. Cookies:
When you visit our site, we will ask your browser to place a permanent "cookie" (a very small text file) on your computer. If your browser is configured to accept cookies, it will accept the cookie and place it on your computer's hard drive. We collect this information to analyze where our customers are coming from and how often they visit our site. We also collect certain technical information from your computer, like your IP address and the address of a referring web site, if any. This information will allow us to enhance our site to our customer's preferences. This information is used only for the benefit of RHE and you, our customer.
You can visit our site without cookies if you choose to do so. However, please be aware that some features of the site may not function properly or may be slower if you refuse cookies. To visit our site without cookies, you can configure your browser to reject all cookies or to notify you when a cookie is set. Check the browsers help menu to learn how to change your cookie preferences.
2. Links:
Our site contains links to manufacturers, and other related sites for your benefit. RHE is not responsible for the privacy practices, security, or content of such web sites. If you click on one of these links, you will be redirected to their web site and, in doing so, you may provide information directly to them. Therefore, you should refer to their privacy policies to understand how they handle your information and what choices you have. Additionally, the existence of another hyperlink does not imply that RHE endorses the linked company, product or service.
3. Relationships/Sharing Information:
RHE may share account or other information when we are required by law or to protect our interests or property. This may include sharing information with other companies, lawyers, credit bureaus, agents or government agencies in connection with issues related to fraud, credit or debt collection.
RHE has carefully selected a few companies to assist us in better understanding how our customers use our site. We will place cookies on your computer to collect information. The information that is collected through these cookies tells us things, such as which search engine referred you, how you navigated around our site, which pages you browsed, and what traffic is driven by banner ads and e-mails. The companies analyze the information they collect from our site and return it to us through a secure connection. We use this information to help us understand your interests in our site and how to better serve you. It also helps us provide you with more personalized product offerings.
Additionally, all opinions, ideas, suggestions, and other feedback submitted through our websites may be used by RHE without restriction and free of charge, and nothing contained in this policy shall limit or otherwise affect this.
Please note that RHE will fully cooperate with any court order or other legal process and will provide your personal information to the extent required in any legal proceeding. RHE will take appropriate steps to protect your privacy. We will also take reasonable security measures to protect your personal information in storage. Access to personally identifiable information is limited only to individuals needing such access to perform their job function. All of our websites that collect information will process and store that information in databases located in the United States.
4. Our Email List
When you sign up for our email list, you may receive notice about sales, new merchandise and other RHE news. RHE uses these email address internally and we will not sell or rent your email address to other companies. If you would like to unsubscribe from our email list, contact us. We will remove your name from our email list as soon as possible. Please recognize that you may receive another email before we are able to remove you.
5. Secure Shopping
Orders placed on our site are encrypted using SSL technology*, so you can rest assured that your transactions are protected. With SSL implemented on both the client and server, information sent via the Internet can be trusted to arrive privately and unaltered to our server. In order for SSL security to work, you must use an SSL enabled browser. Most browsers, version 3.x and later, support SSL. Secured browsers feature https in their url at the top of the browser address. If you still have any concerns about ordering electronically, feel free to call 800-309-2500 and place your order over the phone. Have the 6-character style code (ex. M41111), size and color ready for each item you wish to order.
Please note that email is not encrypted and is not considered a secure means of transmitting credit card numbers. We will never ask for sensitive information via email.
*Secure Socket Layer (SSL) is a technology used by vendors to ensure the security of online business. It negotiates and employs the essential functions of mutual authentication, data encryption and data integrity for secure transactions.
6. Changes to RHE's Terms of Use:
By visiting our site you consent to our collection and use of your information as described in this policy. We reserve the right to modify this Terms of Use Agreement and related business practices at any time by posting updated text on this site.
