TERMS OF USE

Welcome to the VIVID Drinks website. By continuing to use this website, you are indicating that you accept these Terms & Conditions of use.
 Please also read our Privacy policy section about Data Protection and how we use the information you give us. You can print out any page from this website, including the Terms & Conditions, by selecting Print from the File menu of your internet browser.

ON THIS WEBSITE

“We” and “us” means VIVID Vitality LTD.

“You” means the person using the website.

“The contract is agreed” – by completing and submitting an electronic order form, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. See Ordering process below.

“Working days” means all days other than Saturdays, Sundays and England statutory and public holidays.

By using the website to buy goods online, you confirm that you are at least 18 years old, or, if you are under 18, that you are placing an order on this website with the consent of your parent or guardian. We do not sell goods to children online, but we do sell children’s goods for purchase by people over 18.

 

TERMS AND CONDITIONS OF USE ON THIS WEBSITE

WEBSITE CONTENT

All trademarks and other intellectual property are owned or licensed by us (unless otherwise specified). You may not copy, reproduce, distribute, republish, download, display, post or transmit any part of the website without written consent from us (except as stated below). You may print or download any page(s) for your own personal and non-commercial use only. If you have any doubts about what you can do, please go to our Contact us page to apply for permission to reproduce the website.

While our website is as accurate as possible, we cannot accept responsibility for any inaccuracies or errors beyond our reasonable control. We cannot guarantee that colours in our images will be rendered correctly on different computer monitors. The product dimensions supplied are intended to give an approximate indication of the size of individual products. Products shown may not be actual size.

Unless we have been negligent, we cannot accept any liability for loss or damage arising from any action you may take relying on the information contained on this Website.

 

EXTERNAL MATERIAL

You shall not use the website in any way that will damage it or interrupt its provision. You shall not use the website to transmit or post any computer viruses.

We cannot guarantee that the website is free from computer viruses, and you should take your own precautions in this respect.

We will try to make sure that the website is always available. However, this is not always possible, and we are not liable if the website is unavailable.

Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

 

THIRD PARTY E-COMMERCE

If you use our website to deal with a third party, for example to enter a competition, it is up to you to read and abide by the Terms & Conditions of such third parties. Please also see our Privacy policy for more details of how we use your information.

 

LINKS

The website may contain links to other websites; these external websites are not under our control. We cannot be held responsible for such websites and cannot make any guarantees about them. We provide these links because we think they might interest you, but we do not monitor or endorse these other websites.

Termination of the website or services

We reserve the right to terminate the website or remove any of the services on it with immediate effect at any time, for example if:
• there is a change in the law that limits our ability to provide the website
• an event beyond our control stops us providing the website (e.g. technical difficulties)

 

CHANGES TO TERMS AND CONDITIONS

We reserve the right to change these Terms & Conditions of use from time to time. If this happens, we will notify you by posting the new Terms & Conditions of use on the website. If you do not wish to be governed by the revised Terms & Conditions of use, please stop using the website.

 

LIABILITY

We take no responsibility for any loss or damage suffered as a result of our “order online” service, or goods supplied using it, except as required by law, even if we could have foreseen the loss, or the possibility of it was brought to our attention.

We remain liable for:
• loss, damage, death or personal injury resulting from our negligence
• fraudulent misrepresentations
• the quality of our goods

 

GENERAL

These Terms & Conditions of use are governed by the law of England and you and we agree to use the English courts if there is any dispute between us.

If any part of these Terms & Conditions of use is found to be invalid by law, the rest of them remain valid and enforceable.

 

TERMS AND CONDITIONS FOR BUYING GOODS ONLINE

By placing an order using this service you are accepting these Terms & Conditions. Please read these Terms & Conditions before placing an order. These Terms & Conditions only apply to goods purchased online using this website.

 

IN THESE TERMS AND CONDITIONS

“We” and “us” means VIVID Vitality LTD.

“You” means the person using the website.

“The contract is agreed” – by completing and submitting an electronic order form, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. See Ordering process below.

“Working days” means all days other than Saturdays, Sundays and England statutory and public holidays.

 

ORDERING

By completing and submitting an electronic order form, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Please note orders will only be despatched once we have authorisation from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorised.

Certain steps must be followed for a contract to be formed, as described below. After you have placed your order:
1. We will send you, as soon as possible, an email to acknowledge your order. It will confirm which goods you have ordered. This email is not an order acceptance from us.
2. When we despatch your goods from the warehouse, we will send you a confirmation email. This email constitutes a formal acceptance of your order by us. This also means that a contract between us is agreed and we are obliged to fulfil our obligations under this contract.
We do not have to accept your order, and for example, we will not accept your order if:
• we do not have the goods in stock
• your payment is not authorised
• there is an error on our website regarding the price or other details of the goods
• you have cancelled it in accordance with the instructions below
We reserve the right to refuse any order.

Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.

The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:

While we try and ensure that all the prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

 

CANCELLING AN ORDER BEFORE DESPATCH

If you change your mind after placing an order, you can cancel it at any time before we despatch it. Please email us at customerservice@vividdrinks.com to cancel your order. You will need to give us your name and address details, as well as your order number.

If you cancel part of an order, the postage and packaging charge may remain the same.

 

COOLING OFF PERIOD

When you order from us online, you are entitled to a cooling off period after despatch, when you can return your goods without any penalty. Our cooling off period is 10 days, which includes any statutory cooling off period.

This period starts the day the contract is agreed (i.e. you receive an email from us saying we have despatched your order) and ends 10 days after the day following delivery of the goods.

 

PRICING AND PAYMENT

Prices throughout the website are quoted in Pounds Sterling, and payment can only be accepted in Pounds Sterling. Prices include VAT where applicable. Packing and delivery costs will be added to the total price of your goods. Prices quoted on the website are applicable exclusively to goods purchased through this website.

While we make every effort to ensure that the goods shown on our website are currently available at the price shown on the website, we cannot guarantee that this will always be the case. If goods you have ordered online are unavailable, you will be notified as soon as possible.

If a pricing error is made on our website or in the ordering process we will inform you as soon as possible and give you the option of buying the goods at the correct price or cancelling the order. Your order will be cancelled if we cannot get in contact with you to notify you of the error.

Your payment card will be debited for your order on the day that we despatch your goods.

 

SPECIAL OFFERS TERMS AND CONDITIONS

These Special Offers Terms & Conditions apply to selected items available for purchase on this website. Free gift offers valid while stocks last.

If you return an item, under our 10 day cooling off period, with which you received a free gift, you must return both the item you paid for and the free gift. Your legal rights remain unaffected.

Unwanted free gifts are not eligible for exchange or refund. Your legal rights remain unaffected.

Where an offer mentions that an item is reduced in price (for example, half price), the discount will be calculated at checkout before any postage or packaging charges are applied.

 

FAULTY GOODS

The procedures, set out here, to return goods do not affect your statutory rights. Further information on your statutory rights can be found at www.consumerdirect.gov.uk. If you do receive faulty goods, please follow one of the procedures outlined on our returning an item section.

EXCLUSIONS

Please note that good that have been opened cannot be returned.

 

CHANGES TO TERMS AND CONDITIONS FOR BUYING GOODS ONLINE

We reserve the right to change these Terms & Conditions for buying goods online from time to time. If this happens, we will notify you by posting the new Terms & Conditions for buying goods online on the website. If you do not wish to be governed by the revised Terms & Conditions for buying goods online, you must not place any further orders.

These Terms & Conditions for buying goods online are governed by the law of England and you and we agree to use the English courts if there is any dispute between us.

If any part of these Terms & Conditions for buying goods online is found to be invalid by law, the rest of them remain valid and enforceable.

 

COMPANY INFORMATION

VIVID Vitality LTD. trading as VIVID Drinks, a company incorporated in England and Wales under company number 07506556, whose registered office is at The Workshop, 3 Whitgift Street, London, SE11 6AT and whose VAT Registration No. is VAT No: 112 1481 65

 

CONTACT US

If you have any questions relating to this website, please contact us:
• Email: customerservice@vividdrinks.com
• Write to: Customer Service Department, VIVID Vitality, The Workshop, 3 Whitgift Street, London, SE11 6AT.
* Calls are charged at local rate and may be recorded. Our lines are open 9am-5:00pm Monday to Friday.

 

COOLING OFF PERIOD

When you order from us online, you are entitled to a cooling off period when you can return your goods without any penalty. Our cooling off period is 10 days.

This period starts the day the contract is agreed (i.e. you receive an email from us saying we have despatched your order).

 

CANCELLING AN ORDER BEFORE DESPATCH

If you change your mind after placing an order, you can cancel it at any time before we despatch it by emailing customer service on customerservice@vividdrinks.com. You will need to give as your name and address details, as well as your order number. If you cancel part of an order, the postage and packaging charge will still apply.

 

This privacy policy sets out how we use and protect any information that you give when you use this website. We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

Information collected by our website

What we collect

For the purpose of making an enquiring or placing an order, our website may collect the following information. Your name and appropriate contact information including email address, address, preferences and interests. Other information relevant to customer surveys and/or offers may also be requested.

What we do with the information collected

We require this information to understand your needs and provide you with more information for the product(s)/service(s) you have requested. Your information may also be stored in a CRM system for Internal record keeping. We may use the information to improve our products and services. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

• Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee may be payable. If you would like a copy of the information held on you please write to or email us. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Security

Website Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Payment Security

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. We will never store your credit/debit card information on our website. All electronic transactions you make to or receive from us will be encrypted using SSL technology via GEOTrust and will be transferred and processed by WorldPay. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. You are responsible for keeping your password and user details confidential. We will not ask you for your password.

External Links

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

An introduction to Cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our website.

Cookies deployed by our website:

• ensure that functionality operates as intended
• remember your choices and preferences during and between visits
• allow you to share pages via social network widgets like Facebook, Twitter and AddThis
• allow you to interact with our website by leaving comments or opinions
• post enquiries via our Anti-Spam enquiry form
• track your visit for statistical analysis, allowing us to improve the usability, speed and security of our website

Cookies are not deployed to:

• collect any personal identifiable information (without your express permission)
• collect any sensitive information (without your express permission)
• pass data to advertising networks
• pass personally identifiable data to third parties
• pay sales commissions

Your consent for Cookie deployment by our website

Upon your first visit to our website, you may have noticed our banner alerting you to the use of cookies by our website. In compliance with the 2011 EU Cookie Law, our website operates on an ‘Implied Consent’ basis. This means that we will assume that you have opted-in for our website to deploy cookies until you choose to deactivate them within your browser settings or via the instructions below. By default, the majority of popular web browsers automatically permit websites to deploy cookies onto your device. Below you can learn more about the specific cookies deployed by our website, and how they can be disabled. For more information on the EU Cookie Law in the UK, we recommend visiting the Information Commissioner’s Office (ICO) website where you can find the latest information, guidelines and advice on the EU Cookie Law.

Cookies used by our website

Social network sharing

We encourage users to share our content and/or like our on profile on the popular Social Media websites Facebook, Twitter, YouTube, Google+ and LinkedIn. In order to make ‘Social Sharing’ accessible, our website utilises widgets either provided directly from the Social Networks and/or via amalgamative widgets from third parties such as AddThis. Cookies and privacy implications from the social networks vary and will be dependent on your nominated privacy settings with each Social Network. Social Sharing buttons will only deploy cookies if you are signed to that respective Social Network at the time of being on our website.

Analytical Tracking

Our website has Google Analytics installed which allows us to track and compile anonymous visitor statistics. The information collected ranges from simple traffic volume to the type of browser you are viewing our website with. This information is valuable to us not just for marketing analysis and quantification, but to improve the usability, security and load speed of our website content. Google Analytics is a popular, secure, flagship webmaster product from Google. The privacy and security of Google Analytics data is a high priority at Google that you can read more about on Google’s Analytics Data Safeguarding page. Google also offer a Google Analytics Opt-out Browser Add-on that will allow you to automatically Opt-out of all websites that track your activity via Google Analytics. No personal information is collected by Google Analytics.

Cookie consent check

As mentioned above, upon your first visit our website displays a banner at the top of the page alerting you about cookies being deployed by our website. In order for our website to remember your choice of opting-in, we store an anonymous cookie to remove the alert banner for 28 days. To prevent this cookie being stored, simply do not accept and close the alert. If you have already accepted the alert and you wish to remove the cookie, please clear your cookies within your browser settings.

Enquiry forms

Visitors can choose to contact us via enquiry form(s) on our website. In order to prevent spam enquiries, we protect our forms with a ‘CAPTCHA’ challenge to ensure the submission is from a living person, rather than a computer bot. This CAPTCHA challenge creates a cookie that is used only to check the input response from the user is correct. The CAPTCHA cookie does not store any other information from your enquiry.

Google Maps/Places

Our website may have our Google Maps/Places profile embedded within an iframe. Google Maps creates cookies that enable the functionality of their powerful mapping software. No personal information is stored or shared on the cookies deployed by Google Maps/Places

 

Actual Cookies Deployed

Below is a table of information which lists all cookies deployed and used on our website.

Cookie Category	Cookie Name	Cookie Description
Google	_utma	A Google Analytics cookie, which keeps track of the number of times, a visitor has been to the site, when their first visit was, and when their last visit occurred.
	_utmb	A Google Analytics cookie, which creates a timestamp of the exact moment when a visitor enters a site.
	_utmc	A Google Analytics cookie, which creates a timestamp of the exact moment when a visitor leaves the site.
	_utmv	Used for reporting in Google Analytics classifying the visitor.
	_utmz	A Google Analytics cookie which tracks where the visitor came from, what search engine was used, what link was clicked on, what keywords used, and where in the world the site was accessed from.
	PREF, NID	This cookie is set by Google Maps when you load a map of our location
	_ga	Used to distinguish users
	Compliance Cookie	Required for compliance
	devicePixelRatio	Defines pixel ratio
AddThis	loc, uid/uit, psc, di/dt, atuvc/bt/ssc/ssh/sshs/xtc	Allows users to share content via Social Networking websites and email
WordPress	wp-settings, wp-settings-time-	This is a cookie is to verify if you are logged into the website or not.
	wordpress_, wordpress_logged_in	WordPress cookie for a logged in user.
	comment_author, comment_author_email, comment_author_url	When you enter a comment on this site you will be asked to provide certain information about yourself including your name, email and website address.
WooCommerce	woocommerce_cart_hash, woocommerce_items_in_cart	These two cookies store information about the cart/basaket as a whole and help track data changes in WooCommerce. No personal information is stored within this cookie.
	wp_woocommerce_session_	This unique user session cookie pairs the user with their cart/basket contents stored on the database. No personal information is stored within this cookie.

 

How to disable cookies

Most modern browsers allow you to control your cookie settings for all websites that you browse. You can disable cookie deployment completely by editing your browser settings, however in doing this you may be limiting the functionality that is displayed on our website. To learn how to disable cookies on your preferred browser we recommend reading this advice posted by Google. If you are concerned about cookies tracking your movements on the Internet then you may be concerned about spyware. Spyware is the name given to a particular band of cookies that track personal information about you. There are many antispyware programs that you can use to prevent this from happening. Learn more about antispyware software – http://en.wikipedia.org/wiki/Spyware. As mentioned earlier in this page you call also disable Google Analytics on all websites by downloading the Google Analytics Opt-out Browser Add-on.