Terms of Sale

Effective date: July 04, 2016

Please, carefully read the following provisions of these Terms of Sale (hereinafter referred to as "Terms"). This is a legal agreement between you and Vivograph Ltd. (hereinafter referred to as "Vivograph") on the purchase of Vivograph products and services through its online and/or mobile services or website. By using the services for purchase, you acknowledge that you have READ, UNDERSTOOD, AND AGREE TO FOLLOW THESE TERMS AND CONDITIONS, INCLUDING ANY AND ALL FUTURE AMENDMENTS, and comply with the Privacy Policy.

The Vivograph Company reserves the right to change, amend or remove the Terms and Conditions at any time. You will be responsible for regular checking of the Terms and Conditions to beware of recent modifications.

Vivograph will use our website and mobile applications to offer and make available its products and services, herein referred to as the Vivograph Service to all interested parties.

These terms and conditions of sale ("Agreement") are applicable to any order placed with and accepted by Us, Vivograph (referred to herein as "Supplier"):

Note that the provisions of the Agreement must be read carefully and with full scrutiny. The sole use of purchase services suffices to recognise that you agree to the Agreement, that you are bound by the present and/or future provisions of this agreement and that you understand and read the Agreement and adhere to and act in accordance with the Privacy Policy.

Vivograph may change, eliminate or add to the Agreement at any moment. You solely are responsible to periodically follow up for any possible changes in the Agreement.

The services offered as one sees fit by Vivograph to the general public in the form of websites or mobile applications are hereafter named "Vivograph Services".

Common Terms

Vivograph does not guarantee that the information provided on its online services, is complete, accurate and up to date. However, Vivograph is eagerly working to ensure the information accuracy and timeliness.

Vivograph reserves the right to change its products and services features, content, specifications, colors and prices described or depicted through Vivograph' online services at any time, without individual or advanced notice. Vivograph will undertake all reasonable measures to display the actual attributes of its products.

Your order is subject to acceptance by Vivograph. After you place an order, you will receive an email from us confirming only the fact that Vivograph has received it. Acceptance of your order is confirmed when you receive another email from Vivograph containing a shipping confirmation, tracking number and carrier information. Vivograph reserves the right not to accept your order for any reason. Vivograph reserves the right, without prior notice and in its sole discretion, to restrict multiple quantities of a Product being shipped to any one customer or postal address, to refuse the service to any customer, and/or to refuse access to Vivograph online services by any customer. Vivograph may require verification of information (such as payment information) before it accepts and/or ships any order.

Vivograph works to provide the information provided on its online services is thorough and detailed and state-of-the-art, without giving any guarantee whatsoever. Vivograph will has no intention to guarantee the incisiveness and/or certainty of the information concerning services provided by Vivograph on an online basis.

Any elements such as, but not limited to the subject matter, the spec, the devices and services mentioned or shown in the services provided by Vivograph on an online basis and colors may be changed on any occasion without any kind of notice. Vivograph will make effort to precisely display the quality of its products, including the applicable designs, in so far as this is reasonable.

Receival of an order confirmation by email may not be interpreted as acceptance by Vivograph of an order or confirmation of an offer to sell a product or service. Vivograph maintains the right to limit the order quantity of any product or service or to refuse the service in its sole discretion and without prior notice and/or to refuse access to the services provided by Vivograph on an online basis. Before accepting or shipping any order Vivograph may demand verification of information (for example information in order to execute payment).

Annulment

Vivograph may cancel an earlier accepted order at any time. In such case you will receive a full refund of the Purchase Price exclusive of interest, and may receive a refund exclusive of any taxes and governmental charges.

All customer reservations are conditional and can always be undone. A full reimbursement of acquisition price will be provided, with reservation of any interest, taxes, charges or any other additional costs.

Reimbursement Policy

A customer may request a refund within ten (10) days of placing the order(s) (Please refer to 'Pre-Order Terms & Conditions' regarding refunding a pre-order). A refund may be requested by notifying Vivograph by an e-mail to info@vivograph.com. Vivograph is not responsible for any additional charges that may be incurred during the refunding process. In case if a refund is paid, no interest is included. Processing a refund may involve services of a third party. Customers will be refunded by Vivograph within a reasonable period of time, stipulated by any Terms and Conditions Vivograph is subject to with any such third party. Vivograph will not provide a refund for a return of a product if the request does not comply with the requirements specified herein.

Within nine days after placing the order(s) a reimbursement may be demanded by the customer. (see Pre-Order Terms and Conditions concerning the reimbursement of a pre-order). A reimbursement may be demanded by sending an email to Vivograph. Vivograph is not liable for any additional charges that may be induced during the reimbursement. All possible reimbursements will not contain interest. The reimbursement will take a reasonable delay and will be in conformity with Terms and Conditions of any third party who may provide services to realize reimbursement. Vivograph shall not provide any reimbursements when a product is returned in the case of non compliance with the reimbursement requirements as specified in the Agreement.

Acquisitions by Clients

Extra terms and conditions can be applied to purchases of goods and services of the Vivograph Website and other online and mobile services. These terms may concern promotions, discounts, contests or other similar features, and all these terms are made a part of these Terms by reference. You agree to observe these other terms and conditions, including, if applicable, confirmation of your sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the extra terms published for or applicable to a specific portion of Vivograph online services or for any service offered on or through said services, the latter terms shall prevail with regards to your use of that portion of online services or the specific service.

Vivograph reserves the right to change any products or services offered on all of its websites and mobile applications, and change the applicable prices for any such products or services, at any time, without notice. The information on the Vivograph Service with respect to products and services may be out of date and Vivograph takes no responsibility to timely update the materials on the Vivograph Service with respect to such products and services.

Disimbursement

As long as you purchase any services and/or goods from Vivograph, you agree to pay for all services and goods ordered from Vivograph. Exceptions can only be made if they are permitted in writing and signed by an authorized representative of Vivograph.

Vivograph will request you to provide a valid and updated credit card or approved purchase order information and with accurate billing and contact information. When you provide credit card or other authorized payment method information to Vivograph, you authorize Vivograph, or a credit card processor of its choosing to bill such credit card or to execute the payment via the other authorized payment method.

The payment for all services and goods commanded from Vivograph are made by you and you agree there to unless agreed otherwise with a auto signed and written agreement with an delegate of Vivograph.

Payment will only be valid on the condition that you will provide a valid and updated payment or billing method, such as but not limited to credit card to Vivograph and you authorise Vivograph or a payment processor chosen by Vivograph to bill the credit card. Vivograph may unilaterally and without any notice allow you to use different payment methods other than credit card or authorised payment method, Vivograph will invoice you taking into account a reasonable delay or at the moment of demand of purchase. Within 29 days after the date of the invoice all invoiced amounts must be paid.

Disclaimer of Warranties

Unless it is explicitly stated otherwise by Vivograph, the Vivograph service is provided "as is", and is designated for use as described and agreed herein. Vivograph hereby disclaims all explicit or implied warranties, guaranties, representations and conditions with regard to the Vivograph service, products and the goods and services associated therewith including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and quality of goods and services unless such disclaimers are recognized to be legally invalid. Exceptions for the warranties are expressly set forth herein.

Vivograph makes no representations, guaranties or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the Vivograph goods, services, or the results you may obtain by accessing or using the Vivograph service and/or the goods, services associated therewith.

Without limiting the generality of what is stated above, Vivograph does not warrant that:

(I) the operation or use of the Vivograph will be timely, secure, uninterrupted or error-free;

(II) the quality of any products, services, information, or other material you purchase or obtain through the Vivograph service will meet your requirements;

(III) the goods, services, or the systems that make the Vivograph service available are free of viruses or other harmful components.

Vivograph will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God. You acknowledge that Vivograph does not have control over the transfer of data via communications facilities, including the internet, and that the Vivograph service may depend on limitations, delays, and other problems inherent in the use of such communications facilities. Vivograph shall not be held responsible for any delays, delivery failures, or other damage incurred due to such problems. With exceptions for cases accepted otherwise by Vivograph, the Vivograph service and the goods, services associated therewith are provided to you on an "as is" basis. Vivograph expressly disclaims any warranty related to the quality of goods and/or services and the persons or businesses referenced on the Vivograph service.

Miscellaneous Provisions

This Agreement represents full and complete understanding of the Parties regarding to the use of the Vivograph products and service and supersedes any prior or existing, conflicting or additional communications. Vivograph reserves the right to change these Terms or its policies relating to the Website at any time and from time to time, and such changes will become effective at the moment of posting herein.

You are kindly requested to visit this page from time to time to review the current Terms because they are binding. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular portion of the Vivograph Service, which may be posted from time to time. If you continue using the Vivograph Service after any such changes and/or postings were made, this shall be treated as your agreement with such changes. In case if a court of a competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, then such provision(s) shall be interpreted to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

Under no circumstances these Terms and Conditions of the Vivograph service shall not be interpreted as a partnership, employment, or agency relationship between Vivograph and you. You may not assign this Agreement to a third party without obtaining a written consent from Vivograph. Any purported assignment shall be void, as violating this section. In case of any litigation of any controversy or dispute resulting out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Vivograph.

Order Terms and Conditions

Interpretation of these Order Terms and Conditions ("Order Terms") shall not contradict all other applicable terms and conditions that govern the relationship between Vivograph and you, the purchaser.

Limited Warranty

Vivograph extends the warranty for the products sold through the Vivograph service against defects in materials and workmanship revealed during normal use for a period of ONE (1) YEAR from the date of retail purchase by the original end-user purchaser (referred to as "Warranty Period").

If a defect occurs within this Warranty Period, and you follow the instructions for returning the product, Vivograph will enforce the warranty by one of the following actions, at Vivograph's choice:

(a) repair the product using either new or refurbished parts,

(b) replace the product with a new or refurbished product, or

(c) refund the purchase price of the product. Any replacement may be, by the choice of Vivograph, a new or remanufactured product.

In case of replacement, the replacement product shall assume the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides you with longer coverage. This warranty applies only to hardware products manufactured by or for Vivograph that can be identified by the "Vivograph" trade name, or logo and which are sold through the Vivograph service.

This warranty does not apply:

(I) to cosmetic damage, including but not limited to scratches, dents and cracked plastic;

(II) to defects or damage caused by improper use, accident (including, but not limited, by collision, fire/abnormal temperature exposure and the spillage of food or liquid), neglect, abuse, alteration, excessive stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage or if the serial number has been removed;

(III) to damage caused by operating the product outside the permitted or intended uses described by Vivograph;

(IV) to any non-Vivograph hardware products or any software, even if packaged or sold with Vivograph products.

Vivograph' responsibility for hardware defects only extends to repair or replacement, at Vivograph sole discretion. All express and implied warranties, including but not limited to any implied warranties and conditions of merchantability and fitness for a particular purpose are limited in to the term of this limited warranty. No warranties, whether express or implied, will apply after the expiration of the Limited Warranty period.

In order to obtain warranty service that is subject to the foregoing warranty, you must notify Vivograph via e-mail at info@vivograph.com to obtain a Return Material Authorization ("RMA") and return the defective product together with proof of purchase to the address specified by Vivograph in connection with the RMA.

Shipment of the defective product to Vivograph is your responsibility. Vivograph will pay for return shipping via courier and shipping method selected by Vivograph. In case if your product is shipped to you and the address is wrong/invalid upon delivery, then the redirect or re-ship fee shall be covered by you. If the product is returned to Vivograph you will be responsible for additional shipping charges.

Compatibility

You acknowledge and confirm that you have verified the compatibility of the Products you are purchasing with other equipment you are going to use in combination with the Vivograph (e.g., ensuring that your mobile device and/or operating system is compatible with the Vivograph product). You are solely responsible for determining the compatibility of the Products with other equipment, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund.

Shipping and Delivery

Vivograph products may be shipped from several locations. While Vivograph does its best to deliver all orders ASAP, however, Vivograph asks its customers to allow up to four weeks for delivery even though the actual delivery might take much less time. For all questions and issues related to delivery, please contact our customer service team at info@vivograph.com.

Vivograph tries to use your chosen method of shipping, however, we reserve the right to use any other shipping method we might deem the best. On our side we care to ensure that the ordered product reaches you, however, you should consider the fact that Vivograph uses a third party for delivery services and we have to rely on them.

All orders are subject to the shipping and handling fees. The shipping and handling cost is a non-negotiable flat rate fee. Processing of all the orders within Vivograph takes certain time and you can only shorten the delivery time by choosing an expedited shipping method at an additional cost. The expedited delivery mode starts at the moment of dispatching your package. Unfortunately, Vivograph cannot ship items to PO Box addresses.

You, as a customer, are responsible for all applicable customs fees, taxes and duties. At Vivograph, we cannot mark any package(s) as a "Gift" in order to avoid customs and duties fees. Beware that sometimes Customs delay the delivery of some packages at their discretion.

Vivograph is not responsible for any delays or lost packages due to shipment.

Terms of Purchase

Vivograph welcomes the following online methods of payment: Visa, MasterCard, and other credit cards or payment systems offered by its preferred payment processor. Vivograph is not processing any credit card or payment information, but transmits it to its trusted third parties. In case if any of your personal details is changed (e.g., billing address, shipping address or phone number) after you have placed the order, it is your responsibility to contact Vivograph with the actual information. Your order confirmation will contain the list of ordered items and the total amount to be charged.

If your order is returned to Vivograph due to incorrect shipping information provided by you, you may be required to pay the return shipment fee.

Vivograph is cannot be held responsible for any errors in any offer by Vivograph resulting from any technical service malfunction and reserves the right to cancel any orders arising from such errors.