Terms & Conditions
Buyer expressly agrees that Seller’s Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Seller.
acceptance of orders
Seller may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the goods or by any other statement, act or course of conduct which constitutes acceptance under applicable law.
All prices are quoted in EUR but buyer can chose another curency, if avilable in the shop's sytem. All prices are without VAT and transport. VAT and transport shall be added, if necessary, at checkout, in the order and later in the invoice.
Delivery conditions and details are clearly specified in the "Delivery information page". Please read it carefully. All delivery dates are estimates. Delivery is carried out by courier and is out of the Seller's control. Seller shall use its reasonable efforts to deliver all product within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the courier’s failure to deliver the product(s) by any specified date.
transportation and risk of loss
The method and route of shipment are at courier’s discretion. Title to the product passes to Buyer when product is delivered to the courier.
cancellation or modification
Any order placed with and accepted by Seller may be canceled by Buyer only upon Seller’s approval in a writing signed by an officer of Seller and upon terms that indemnify Seller against any loss. Seller will not accept order cancellations once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (25%) of order value to recover retrieval costs incurred. Seller will not accept cancellations of special orders of non-standard, non-price list products. Seller may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.
All prices shown in the online shop are EXW Seller’s facilities. VAT (and/or any other legal tax) shall be added to the total invoice amount. If the Buyer choses, Seller can handle the delivery of goods by ordering a courier. This option is available in the checkout procedure. Applicable freight costs will be calculated in the checkout procedure and added to the order and invoice.
warranty and disclaimer
Seller warrants that the purchased product is free from defects in materials and workmanship at the time of delivery. This waranty is limited by two factors: 1. the goods are not manufactured by the Seller, so the seller cannot be responsible for any manufacturing defects. The seller sells the goods as received form the producer. 2. some goods (like the plates made out of 100% natural leaves) are, by nature imperfect and non identical one to another.
Buyer has the "pick up from store" option, in the checkout procedure. Buyer can, at any time, come to Seller's location and inspect the products before buying and before picking up.
limitation of liability
Buyer acknowledges and agrees that seller’s liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on seller’s liability hereunder shall apply even if seller’s liability is due in whole or in part to its own negligence. Any action by or on behalf of Buyer or its successors or assigns for breach of this document must be commenced within one (1) month after the cause of action as accrued.
return of material
Upon delivery of product, Buyer shall have five (5) days to inspect product and notify Seller, through the "PRODUCT RETURNS" page in the vivas.bio online shop, of any defective goods or other cause for rejection. Buyer agrees that five (5) day period provides Buyer a reasonable opportunity to inspect the product. Such notification shall identify each and every reason for any rejection of product. Buyer’s failure to reject product within such five (5) day period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the product by Buyer.
Return policy for the leaf plates.
Please check the shipment upon receiving it (if the products are in a courier's bag, open the courier's bag). If the box is damaged in anyway, and you consider that the plates inside the box might be damaged, please open the box and check the plates. If the plates are damadeg, refuse the package and return it to the courier. After you accepted the shipment, unfortunately, we cannot accept returns, because the leaf plates are biodegradable, fragile, used for food storage, and diposable. Once the plates are hadled by one person, we cannot reuse them in any way.
Buyer shall defend, indemnify and hold harmless Seller and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in product caused by any alteration or modification thereof by Buyer with or without Seller’s consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label product or Buyer’s improper labeling of product regardless of whether the labeling was done with or without the advice of Seller, or any act or omission of Buyer including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty or other breach of duty of or by Indemnitee or as a result of Indemnitee’s strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnitee has by law.
Buyer should pay, the order it placed, within five (5) working/business days from the date of Order. Amounts not paid within five (5) working/business days are overdue and shall be canceld. Invoice is issued after the Seller receives the payment from the Buyer.
governing law and arbitration
This document shall be interpreted and governed by the law of the Republic of Bulgaria.