Usage Policy and Terms of Service

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://www.viviartboutique.com , http://www.vivi.md and any other subdomains .These Terms apply to all visitors, users and others who access or use the Service of the sites mentioned above.

If you continue using the site, we will consider that you agree with the Terms of Service and the Usage Policy.

Before you offer us personalized data(including your e-mail adress) through our site, you will be requested to accept the Terms of Service and the Usage Policy.

By accepting the Terms of Service and Usage Policy, you accept to follow the Terms of Service and Usage Policy from our site, at the moment of your visit.

We reserve the right to change our site’s appearence, content, as well as the Terms of Service and Usage Policy without any notification. Please, check the Terms of Service and the Usage Policy in a regular manner, because if you continue using vivi.md/viviartboutique.ro/viviartboutique.com , it will be considered that you have agreed with the Terms of Service and Usage Policy that was actual at the moment of your visit.

1.DEFINITIONS AND TERMENS:

Seller – Viviartboutique

Buyer – any person that registers an account and makes a purchase through any communication channel provided by http://http://vivi.md / http://viviartboutique.ru / https://viviartboutique.com (electrionic, telephonic,etc.) or through a usage agreement established between http://http://vivi.md / http://viviartboutique.ru / https://viviartboutique.com and the person in charge that requires registering an online account on Viviartboutique.

Site – the http://vivi.md / http://viviartboutique.ru / https://viviartboutique.com domain, and all of it’s subdomains.

Order – an electronic document through which the Buyer is sending his intention to purchase products offered on the Site, to the Seller.

Goods – any product that is being delivered by the Seller to the Buyer after the clinched Contract.

Contract – the contract clinched between Buyer and Seller, without simultaneos physical presence of Buyer and Seller.

Content

– all the information displayed on https://viviartboutique.com / http://vivi.md and any of it’s subdomanins.

– information included in every e-mail sent by Buyer to Seller.

– firm’s identity

vivi.md/viviartboutique.ro/viviartboutique.com – commercial name of “Vogue Art” LLC

Str.Arh. Ionescu Grigore nr. 63 bl.T73, sc.B, et.4, ap.42, sector2 București, România J40/6221/2016, CUI 36019489

2.Cookies policy

vivi.md/viviartboutique.ro/viviartboutique.com is using cookies in order to improve user experience.

Cookies improve the access to our site and identifies any other re-accessing. Moreover, cookies improve the user’s experience by detecting and directing the page based on his/her best interests. However, this cookie usage does not involve any other personal information provided to us(e-mail,etc).

Cookies are messages that web servers pass to your web browser when you visitInternet sites. Your browser stores each message in a small file, called cookie.txt . When you request another page from the server, your browser sends the cookie back to the server.

An HTTP cookie (also called web cookieInternet cookiebrowser cookie or simply cookie) is a small piece of data sent from a website and stored on the user’s computer by the user’s web browser while the user is browsing. Cookies were designed to be a reliable mechanism for websites to remember stateful information (such as items added in the shopping cart in an online store) or to record the user’s browsing activity (including clicking particular buttons, logging in, or recording which pages were visited in the past). They can also be used to remember arbitrary pieces of information that the user previously entered into form fields such as names, addresses, passwords, and credit card numbers.

Other kinds of cookies perform essential functions in the modern web. Perhaps most importantly, authentication cookies are the most common method used by web servers to know whether the user is logged in or not, and which account they are logged in with. Without such a mechanism, the site would not know whether to send a page containing sensitive information, or require the user to authenticate themselves by logging in. The security of an authentication cookie generally depends on the security of the issuing website and the user’s web browser, and on whether the cookie data is encrypted. Security vulnerabilities may allow a cookie’s data to be read by a hacker, used to gain access to user data, or used to gain access (with the user’s credentials) to the website to which the cookie belongs (see cross-site scripting and cross-site request forgery for examples)

The tracking cookies, and especially third-party tracking cookies, are commonly used as ways to compile long-term records of individuals’ browsing histories – a potential privacy concern that prompted European and U.S. lawmakers to take action in 2011.European law requires all websites targeting European Union member states gain “informed consent” from users before storing non-essential cookies on their device.

We are using 2 types of cookies: per session/ persistent.

session cookie, also known as anin-memory cookie or transient cookie, exists only in temporary memory while the user navigates the website.[Web browsers normally delete session cookies when the user closes the browser.Unlike other cookies, session cookies do not have an expiration date assigned to them, which is how the browser knows to treat them as session cookies.

Instead of expiring when the web browser is closed as session cookies do, a persistent cookie expires at a specific date or after a specific length of time. This means that, for the cookie’s entire lifespan (which can be as long or as short as its creators want), its information will be transmitted to the server every time the user visits the website that it belongs to, or every time the user views a resource belonging to that website from another website (such as an advertisement).

For this reason, persistent cookies are sometimes referred to as tracking cookies because they can be used by advertisers to record information about a user’s web browsing habits over an extended period of time. However, they are also used for “legitimate” reasons (such as keeping users logged into their accounts on websites, to avoid re-entering login credentials at every visit).

These cookies are however reset if the expiration time is reached or the user manually deletes the cookie.

http://en.wikipedia.org/wiki/cookie (source)

3.CONFIDENTIALITY POLICY

If you continue using https://viviartboutique.com / http://vivi.md and any of it’s subdomanins we assume that you accepted our Confidentiality Policy. Before we get any of your personal data(including your e-mail adress),through our site, you will be prompted to accept our Confidentiality Policy. By accepting the Confidentiality Policy you agree with us collecting and processing your personal data as described in this document.

According to the 677/2001 law, the purpose of which is to guarantee and protect the individual’s fundamental rights and freedoms, especially the right to personal, family and private life, with regard to the processing of personal data , we are obliged to use the personal data we collect following the rules explained in this Confidentiality Policy.

Personal data represents any information that is reffered to an identified natural person; an identifiable person is a person that can be identified through a SN(serial number) or one/more physical factors that describe the person in cause.

Furnishing personal classified data is voluntary; however, if you do not offer us the mandatory data , you can not purchase any of our products.

As you offer us your personal data, you aknowledge that we are allowed to contact you in a view according to which you offered us your personal data.

We do not entrust, borrow, autorize,transfer, etc. our data base that contains our client’s personal data, with the exceptions explained in this Confidentiality Policy.

We are collecting information when you register to our site, log-in, make a purchase, enroll into a contest, and/or at the moment when you log-out/disconnect. Collected information includes names, e-mail adresses, phone numbers and/or credit card number.

Moreover, we will recieve and register information from your computer such as : your browser, IP-adress, your software and your hardware attributes, as well as the requested page, in a self-acting way

We will recieve information about the purchase (bank, information about your card (credit/debit)) as you make a purchase on our site. When you place your order,you deliver your information to a 3rd party provider. We do not stock information about your billing details, but we can access it by a request to the 3rd party provider. If you offer this information directly to us, we will collect and process it. This is possible when you offer yoour personal information to us in order to recieve a refund(reimbursement) if you will consider returning the purchased good.

Please know that divulge your personal information to some 3rd party providers, as explained in the “Personal data divulgement” section, from this Confidentiality Policy section.

Any of the information we collect can be used in order to:

– Personalize your experience and customize the service acoording to your individual needs

– To provide personalized ads

– Improve our site

– Improve our customer support system and following customer assistance

– Contact you through e-mail

– Start a contest, promotion or a survey

Any of your personal information can be used in order to:

-Manage any transactions that occur between you and us

-Protect both customer’s and our rights

-Offering of transactions, goods or services for which you may pay interest

-Assuring that the information displayed to you on this site is being presented in the most efficient way

-Customization of any further purchasing experience

-Offering information, products and services that you request.

-Sending notifications, including the ones that are reffered to any modifications of our Usage Policy and Terms of Service.

We are the only owners of the information displayed on this site. Personal autentifications details will not be sold, changed, transfered or offered to any other company, not related to any motives but the ones required for completing a request and/or transaction, e.g : making a purchase.

Data divulgement

We are not selling your personal data. We do not negociate or transfer your personal data to any part not involved into the order/purchase/shipping process. This rule does not involve our reliable 3rd party service providers, that assist us in managing our business, as long as the persons involved agree on not sharing this personal data(a part of the contract).

We consider that offering data is neccesary in order to investigate,prevent or take measures for fighting any illegal activities, fraud suspicion,situations that involve physical threatening of any person, Terms of Usage or Usage Policy infringement.

Non private information, however, can be furnished to other firms for marketing, publicity, etc.

Information that is being recieved from you can be shared with our hired personnel, our affiliates or one of our 3rd party service suppliers.

We can sahre your data to our 3rd party service suppliers in order to follow our obligations towards you, inlcuding but not limiting to goods delivery by a courier or by post, e-mails, SMS or other notifications, or to our affiliates service suppliers (including data analysis, marketing assistance, publicity services, translation services or payment processing, logistic assistance services or customer service, consulting ,audit or juridical services). This kind of divulgement is allowed in order to offer these 3rd party service providers access to this data only for optimizing their own activity, not for their own commercial purposes. In order to process payments and avoid fraud tentatives, we can reveal certain details (such as your Name and Surname, residence country, phone number and e-mail adress, as well as your order number and ordered product) to our affiliates.

If you provide your billing details directly to us (including your bank account in case if a good’s return requested), we will share these details with our payment services providers, but not more than it is necessary to make the reimbursement possible towards your bank, your credit/debit card issuer or a 3rd party service provider.

Subsequently, we can divulge your data to a 3rd party according the law in order

if we purchase any active or business;

we can share your personal data with a potential buyer/seller of businesses or/and actives;

in case if the comany that manages the site is being aquired fully with all of it’s actives, by a 3rd party person/company(their data base will be considered an active which is being aquired);

if we are obliged to disclose or share your personal data in order to comply with any legal obligations;

in order to implement or apply our Usage/Supply Terms, other agreements that protect our rights, property or safety(our, customer’s, etc.)

if it is provided by the Confidentiality Policy.

Links towards/from other sites

Our site can possibly contain links to other 3rd party sites(e.g. sites of our 3rd party manufacturers,distributors,publicity agents, billing services providers or social media platform such as: Facebook, Twitter, LinkedIn,etc.). If you follow a link from our site that directs you to another site, please know that other sites have their own Usage Policy and Terms of Service and we do not assume any responsibility for the Privacy Policy applied by this 3rd pary site. Please, check these Policies before loging-in to our site through a 3rd party.

Authentication through a 3rd party

We can offer you the possibility to authenticate through a 3rd party site, more often a social media platform (e.g. Facebook). In such a case, you can click log-in with Facebook/Twitter/LinkedIn/etc., in the authentication form. Following this, you accept the fact that you offer us your personal data(Name,Gender,date of birth and e-mail adress), obtained by the social media provider,for instance, and then offered to us by them. If you register through any of these 3rd party sites, please know that they follow their own Confidentiality Policy and we will not assume any responsibility for their Confidentiality Policy and Usage Terms. Please, check these Policies and Terms before registering to our site through any 3rd party site.

Your personal data rights are being offered by the law in order(aplicable law).

These laws include,but are not limited to:

-the right to request a confirmation if your personal data is being processed;

-the right to request details about the state of your personal data(if being processed);

-the right to request details about the source of your personal data(if we have access to it);

-the right to access your personal data or see a copy of your personal data owned by us;

-the right to request rectification,updating or completion of your personal data;

-the right to deny our access to your personal data for further marketing purposes;

the right to deny your consent for this Confidentiality Policy, and/or to require a cancelation of your registration with a further deletion of your account from our site, more of that explained in the section concerning the dismissal of consent and cancelation of your registration;

the right to eliminate your data from our database more of that explained in the section concerning the dismissal of consent and cancelation of your registration;

In case if you want to make use of this right, please send a written request(e-mail or a signed letter) to our customer support service at the adress mentioned on our site.

You can deny your consent to this Confidentiality Policy and/or request a cancelation of your registration and deletion of your account(with your personal data as well), without any fee, by contacting our customer support service. This denial of consent can not be applied if there already exist transactions between us and you.

In any case,we can store your personal data as long as we are obliged by the applicable law,including the Commercial Societies law or Fiscal law. In contrary, we will store information concernig the transactions that occured before. If there are no existing transactions between us and you, we will delete all of your personal data without a posibility to access it afterwards.

4.DATA SECURITY

We have the obligation to have the necessary technical and organizatory measures at disposal in order to protect your personal data and in order to respect our engagements provided by this Confidentiality Policy, as well as all the obligations dictated by the applicable law.

If we offered you(or you have chosen) a password that grants you access to certain parts of our site, you are responsible of keeping it secret and confidential. Please do not divulge this password to anyone. However, if you shared it, only you are responsible for the consequences that follow the distribution of your data to 3rd parties.

Contact details for other questions : info@viviartboutique.com

5.PROPRIETY, TRADE MARKS, COPYRIGHT AND SOFTWARE

Our site, including all of its content such as the design,logo,text,graphics,images,photos,audio files,video files and other aspects concerning the site and the content, are protected by Copyright and other laws concerning of intelectual property and other appliable laws, and are owned by Vogue Art LLC.

All the software used on this site are a property of Vogue Art LLC.

6. USING THE SITE

We provide you a limited right to access and use our site for your own use. You are not allowed to: reproduce, multiply, copy,sell, send and exploit our site, including all the parts of it’s content, without obtaining a previous written agreement from us; to collect our products, descriptions or prices list; to download information for other company’s commercial purposes; and/or use instruments of data extraction, robots,etc.

You have the right to print copies and download content from any page contained in http://vivi.md https://viviartboutique.com http://viviartboutique.ro

7. DISCLAIMERS

Vogue Art LLC is not responsible for:

-losses caused by our site’s indisponsibility or our site’s technical shortage

-data losses

-losses caused by virus attacks or other technical harmful materials

-losses caused by circumstances independent of our reasonable will and other losses that cannot be prevented in a reasonable way.

8.RETURN POLICY AND FEES

Prices of all the goods and services displayed on our site (http://vivi.md https://viviartboutique.com http://viviartboutique.ro ) include VAT according to the law in force.

Price, purchase method or deadline is being specified in each order. The seller will issue a bill concerning all the goods and services delivered towards the buyer. The buyer is obliged to provide all the information that is necessary in order to issue the bill according to the law in force.

For any changes concerning a bill afferent to an order, the buyer has to update his account information whenever necessary.

Buyer/Client/User billing card data will not be accessed by http://http://vivi.md / http://viviartboutique.ru / https://viviartboutique.com and will not be stored by http://vivi.md/ https://viviartboutique.com/ http://viviartboutique.ro or the payment processer that is integrated into the site.

9.GOODS DELIVERY

The delivery is being executed by a direct courier to the adress indicated at the momment of ordering.

The seller will assure proper packing of goods and will assure sending all the accompanying documents as well.

The seller will provide delivery to any country needed.

1.Warranty

All the goods commercialized on http://vivi.md/ https://viviartboutique.com/ http://viviartboutique.ro receive a warranty according to the law in force(1672 civil code) and other of manufacturer’s commercial policies. All the goods are new, in their original package and are part of Vivi Art Boutique collection. Warranty lasts 30 days.

2.Transfer of property assets

Ownership of goods purchased on http://vivi.md/ https://viviartboutique.com/ http://viviartboutique.ro will be transferred on delivery, after payment from the buyer in the location indicated in the order.

Delivery – signing the transport reciept provided by the courier or signing the invoice receipt in case of deliveries made by seller personnel.

3.Respoonsibility

Seller cannot be responsible of any damage suffered by a Buyer or a 3rd party as a result of seller’s obligations fulfillment. Seller is not responsible of any damages that occur after using the Goods or Services and, in special, for their loss.

Buyer assumes responsibility for maintaining the confidentiality of Account Data(username and password) and managing account’s access to the extend permitted by law.

By creating an account, purchaser expressly and unequivocally agrees with most recent Terms and Conditions, that is being displayed on the site(at the date of registering/account access/order placement date).

After creating an account, using the site means that you have accepted the site’s Terms and Conditions and all of the further changes that can be applied to the Terms and Conditions(Usage Policy and Terms of Service)

10.RETURN POLICY

According to the 499/2003 law as well as OG 34/2014, purchaser(buyer) can return the goods purchased from http://vivi.md/ https://viviartboutique.com/ http://viviartboutique.ro.

Buyer can use the right to return goods in 14 days from the date of purchase of the good. In this case, the seller will refund the buyer’s money within 30 days.

If the buyer alerts the seller that a good has defect/defects, is damaged or simply does not match description on the site, the seller will replace that product. If 15 days after product replacement demand pass, and the seller refuses or delays the replacement or repair of the product, the law allows the buyer to ask partial or full money refund and cancellation of the contract with the seller.

In order of returning the purchased goods the following steps will be followed:

1. announcement of the intention of return by phone or e-mail;

2.buyer sends the good by courier at his own expense;

3.Viviartboutique sends the customer a new product.

The buyers supports all the expenses of returning a product, unless the seller agreed to support them or did not inform the buyer that these costs should be supported by him(buyer).