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      Please read and review these terms and conditions carefully before using this Website. This website is operated by VIVA Beauty Supply, its subsidiaries and affiliates (collectively, “us” or "we"). By visiting, accessing or using VIVA's websites or services, or the mobile versions of either, (collectively “Website”) you signify that you have read, understand and agree to be bound by these Terms and Conditions (“Terms” or “Terms & Conditions”) and any other applicable law, whether or not you are a registered member of VIVA Beauty Supply. VIVA may change, modify, or update these Terms at any time without notice, effective upon its posting to the Website. You agree to review these Terms regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms. If you do not agree to these Terms, please do not use this Website.

      Online Ordering and Purchasing

      Payment Methods: VIVA accepts the following forms or methods of payment: PayPal, Visa, MasterCard, Discover, American Express in the United States and Canada. For all other International orders and purchases, only PayPal is available as a payment method. We process all payments through PayPal as our merchant account provider.

      Shipping Details: Estimated shipping charges and processing fees can be estimated once you have added the items in to your cart. From the Shopping Cart page, enter your country, state/province, city, and/or postal code to receive possible shipping methods and associated costs. Shipping estimates are based on real-time carrier rates from the FedEx and UPS.

      Returns: If for any reason you are unsatisfied with your order, if it is damaged or unusable, you have 21 days to either exchange or return the items for a full refund or exchange. Upon a request for returning and refunding an item, we may request comments, photos (if there are damages), and evidence or receipt of purchase. We will conduct an inspection of the items once we have received the returned package, and issue a refund or exchange the product accordingly. Refunds will be issued only once we received the returned item(s). It is the buyer's responsibility to cover return shipping costs and extra expenses unless the reason for the return is our fault. Returns generally take 3-5 business days to process after receiving the product. Exchanges may take longer due to the time needed for the exchanged item to be processed and shipped back to you. 

      For more Details about our return policy, please review our Returns page.

      Customs and Duties: VIVA is not responsible for any international customs, duties, and other processing fees not foreseeable at checkout. If a package is refused and returned to VIVA in regards to these fees, VIVA will charge a 20% restocking fee on the order.

      Orders

      All orders placed through the Website are subject to VIVA’s acceptance, which means that VIVA may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, VIVA will issue you a refund. If there is an issue with product availability, we will attempt to contact you as soon as possible. If no person or response is reached after 48 hours of the initial contact, VIVA may choose to cancel your order and if necessary, issue a refund.

      Account Responsibility

      You are responsible for any actions that take place while using your VIVA's account. That said, you should always keep your username and password secure. Do not allow anyone else to use your username and password to access the Website. You agree to notify VIVA immediately of any unauthorized use of your account. VIVA is not responsible for any loss that results from the unauthorized use of your username and/or password, with or without your knowledge.

      Intellectual Property

      All intellectual property on the Website (except for User Generated Content) is owned by VIVA or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are trademarks or registered trademarks of VIVA. All content on the Website (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of VIVA. All rights reserved.

      Use and Restrictions

      You may use the Content only for your own non-commercial use to participate in the Website or to place an order or purchase VIVA products. Any other use is prohibited unless agreed to by VIVA in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website, including User Generated Content, without VIVA’s prior written consent, unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you.

      Website Links

      The Website may contain links to websites operated by other companies. VIVA does not endorse, screen or have any control over these linked websites, which have separate terms of use and privacy policies. VIVA is not responsible for the content or policies of linked websites and you access such websites at your own risk.

      User Generated Content

      “User Generated Content” is communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, videos, designs, graphics, and any other content that you and/or other Website users publish, display, upload, disclose, transmit, store, share or otherwise make available on or through the Website, except to the extent the content is owned by VIVA.

      Color Display Notice

      The Website may display full color images and visual descriptions for select VIVA products. While VIVA has made an effort to accurately display the colors of these products, the actual colors you see will depend on your monitor or device screen settings and may not be accurate.

      Mobile Services

      The Website contains services and features that are available on certain mobile phones. Normal rates and fees from your carrier may apply. Not all mobile services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using VIVA's mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your information to ensure that we do not send your messages to a different person.

      Privacy

      For details regarding your privacy using our Website, please refer to our Privacy Policy, which is incorporated into these Terms by this section. The Privacy Policy will further describe and indicate what information we collect and use from this Website.

      Indemnification

      You agree to indemnify, defend, and hold harmless VIVA, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms, any law or the rights of any third party.

      Disclaimer of User Interaction

      You are solely responsible for your interactions with other Website users, whether online or offline in person. VIVA holds no responsibility or liability for any loss or damage resulting from any interaction with other Website users or persons you meet through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, whether online or offline, and conduct any necessary investigation before meeting another person. You agree to review VIVA’s Privacy Policy and Terms prior to using this Website. VIVA is under no obligation to become involved with any user dispute, but may do so at its own discretion.

      Warranty

      VIVA is not responsible or liable for any User Generated Content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website and its Content, including all materials and products on this Website are provided as is and without warranties of any kind.

      Limitation of Liability

      VIVA shall not be held liable for any direct, indirect, incidental, special, and/or consequential damages, including any lost profits or lost data that may be the result from the use of, or the inability to use, this Website or the performance of the products purchased through the website or the conduct of other website users (online or offline), even if VIVA has been advised of the possibility of such damages. For use of the Website or any Content is to stop using the Website.

      Governing Law

      You agree that this Website shall be deemed a passive website solely based in the State of California in the United States of America, which does not give rise to personal jurisdiction over VIVA in jurisdictions other than California. You agree that this Website, Terms, Privacy Policy and any dispute between you and VIVA shall be governed in all respects by California law, without regard to choice of law provisions.

      Severability

      If any provision in these Terms is held invalid, the remainder of these Terms & Conditions shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable.

      Termination of Account

      VIVA reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. VIVA also reserves the right to block users from certain IP addresses and prevent access to the Website. You may terminate your account at anytime by clicking the deactivating it or by contacting us via telephone or email. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other social media platforms, may continue to appear on the Website or on other social media platforms even after your User Generated Content is removed or your account is terminated. These Terms remain in effect even after your account is terminated. The Terms relating to Intellectual Property, Indemnification, Disclaimer of User Interaction, Warranty Disclaimer, Limitation of Liability, Governing Law, Severability and terms that by their nature may survive the termination of your account.

      Date of Last Revision: May 1st, 2021