1. Seller identity and scope

These Terms and Conditions of Sale (“Terms”) govern purchases made through https://vivariom.com between the seller identified below (“Vivariom”, “we”, “us”) and customers purchasing products through the online store.

Sarra Nekhili EI, trading under the commercial name Vivariom

SIREN : 881 478 234

Customer service email: contact@vivariom.com

These Terms primarily apply to consumers. Where a customer acts for professional purposes, mandatory consumer-protection provisions may not apply.

2. Products

Vivariom sells art prints and posters presented in the online catalogue. Products are generally produced after an order is placed, using artwork, sizes and other options selected from the standard choices offered on the website.

Product photographs and screen previews are intended to represent the products as accurately as possible. Minor differences in colour may result from screen calibration, paper, ink, lighting or printing processes and do not in themselves constitute a defect where the product remains consistent with its description.

Frames, mounts, accessories or decorative objects shown in lifestyle photographs are not included unless expressly stated on the relevant product page.

3. Prices, taxes and shipping charges

Prices are those displayed on the website at the time the order is placed, in the currency selected for the customer’s market. Applicable taxes are included or displayed as required by the customer’s destination and applicable law.

Shipping charges, where applicable, are shown before the customer confirms the order. For destinations outside the European Union, import duties, customs fees or local taxes may be charged by local authorities unless the checkout expressly states that such charges are included.

4. Order process

The customer selects the product, size and available options, reviews the cart, provides the requested delivery and billing information, selects an available payment method and confirms the order through the checkout.

Before final confirmation, the customer can review and correct the contents of the order. An order becomes binding once payment has been authorised and the customer receives an order confirmation, subject to any lawful cancellation by Vivariom in cases such as fraud, payment failure, obvious pricing error or product unavailability.

Order confirmations and contractual information are sent electronically to the email address supplied by the customer.

5. Payment

Payment is due at the time of ordering using the payment methods displayed at checkout. Payments are processed by the payment providers made available through the Shopify checkout. Vivariom does not receive full payment-card details.

6. Production and delivery

Products are printed on demand by one or more production partners. The estimated production and delivery time applicable to the order is displayed on the website, at checkout, in the order confirmation, or through subsequent shipping information.

Where no specific delivery date or period has been agreed, the order will be delivered without undue delay and, in any event, within the maximum period required by applicable consumer law.

Vivariom remains the customer’s contracting seller and point of contact for delivery issues when Vivariom or a carrier offered by Vivariom arranges the shipment. If a delivery is materially late, lost or incorrectly delivered, the customer should contact Vivariom so that the appropriate remedy can be arranged.

Risk of loss or damage passes to a consumer when the consumer, or a third party designated by the consumer other than the carrier, takes physical possession of the goods, subject to applicable law.

7. Right of withdrawal for standard catalogue products

Consumers located in the European Union are entitled to withdraw from an eligible purchase within 14 days of receiving the goods, without giving any reason, subject to the exceptions provided by applicable law.

To exercise this right, the customer must notify Vivariom of their decision before the end of the 14-day withdrawal period by sending a clear and unambiguous statement to contact@vivariom.com.

The email should include the customer’s full name, order number and the product(s) concerned.

Following notification of withdrawal, the customer must return the relevant goods within 14 days in accordance with the return instructions provided by Vivariom. Unless otherwise required by applicable law, return shipping costs are borne by the customer.

Where the right of withdrawal is validly exercised, Vivariom will refund the amounts due in accordance with applicable consumer law. Vivariom may withhold reimbursement until the returned goods have been received or until the customer provides evidence that they have been sent back, whichever occurs first.

The right of withdrawal does not apply where a statutory exception applies, including, where relevant, goods made to the consumer’s specifications or clearly personalised.

Further details regarding returns and refunds are set out in our Refund Policy.

8. Refund following withdrawal

Where the customer validly exercises the statutory right of withdrawal, Vivariom will reimburse the payments received for the returned goods, including the cost of the least expensive standard delivery method offered for that order, where required by law.

Any additional cost resulting from the customer’s choice of a premium or faster delivery method need not be reimbursed beyond the cost of standard delivery.

The refund will be made using the original payment method, unless the customer expressly agrees otherwise, and no later than fourteen (14) days after Vivariom is informed of the withdrawal. For sales of goods, Vivariom may withhold reimbursement until the goods have been received back or the customer supplies evidence of having sent them back, whichever occurs first.

9. Damaged, incorrect or defective products

If a product arrives damaged, defective, misprinted, or does not correspond to the order, the customer should contact contact@vivariom.com as soon as reasonably possible with the order number and, where useful, photographs of the product, packaging and shipping label.

Vivariom may offer replacement, repair where appropriate, price reduction or refund depending on the circumstances and the remedies required by applicable law. A request for photographs or other reasonable evidence does not limit the customer’s statutory rights.

Any commercial claim period communicated by Vivariom is additional to, and does not reduce, the customer’s statutory legal guarantees.

10. Legal guarantee of conformity

Consumers benefit from the legal guarantee of conformity under Articles L.217-3 and following of the French Consumer Code, where applicable. For goods, a lack of conformity appearing within two (2) years from delivery may give rise to the remedies provided by law.

The seller responsible for the legal guarantee is Vivariom. The statutory remedy is provided without cost to the consumer in the conditions set by law.

11. Legal guarantee against hidden defects

The customer may also benefit from the legal guarantee against hidden defects under Articles 1641 and following of the French Civil Code, where a hidden defect existing at the time of sale makes the product unfit for its intended use or so substantially reduces that use that the buyer would not have purchased it, or would have paid a lower price, had the defect been known.

12. Customer responsibility

The customer is responsible for providing accurate contact, billing and delivery information and for checking the selected artwork, size and options before confirming the order.

If an order cannot be delivered because the customer supplied an incorrect or incomplete address, any additional reshipment cost may be charged to the customer where permitted by law, after the situation has been assessed.

13. Intellectual property

Purchasing a physical Vivariom product does not transfer any intellectual-property rights in the artwork, photographs, brand, text, design or other content. No reproduction, commercial exploitation or redistribution is authorised except with prior written permission or as otherwise permitted by law.

14. Personal data

Personal data is processed for purposes including order management, payment, fulfilment, customer service, legal compliance and, where consent or another lawful basis exists, marketing. Further information is available in Vivariom’s Privacy Policy.

15. Applicable law and jurisdiction

These Terms are governed by French law. This choice of law does not deprive a consumer residing in another country of any mandatory protection that cannot lawfully be excluded under the law applicable to that consumer.

Any dispute may be brought before the courts having jurisdiction under the applicable consumer and civil-procedure rules. Nothing in these Terms imposes an exclusive jurisdiction clause on a consumer where such a clause would be unlawful.

16. Changes to these Terms

Vivariom may update these Terms from time to time. The version applicable to an order is the version made available to the customer when the order is placed.