0. INTRODUCTION

The terms and conditions below regulate the use and sales carried out at the VIVIDGREY online store localised at the web address www.vividgrey.co. the language used for this website, any correspondence and the contractual agreement is english. Please read and keep a copy of our terms and conditions before using this online store. Last update – January 2017

1. GENERAL

These conditions apply to all sales and agreements between VIVIDGREY and the consumer, whereby VIVIDGREY will apply these conditions unless agreed otherwise in writing. If articles are ordered from VIVIDGREY, the purchaser automatically accepts the stipulations set out in these terms and conditions.

2. ORDERS

Customers can choose item(s) by selecting the 'add to cart' button at the individual product descriptions. The item(s) will be added to the cart where the selection can be amended prior to proceeding to the checkout page. The customer will need to provide data required for processing an order on this page before finalising the order by selecting the 'complete checkout' button.

Once an order has been placed through the online shop, the customer will receive an automated email confirming the details of the order, the total cost and the information supplied by the customer. Placing an order is a binding offer from the customer. As soon as VIVIDGREY receives full payment, the order will be processed and another email will be sent to the customer. This email will confirm the acceptance of an order including the anticipated delivery time. VIVIDGREY reserves however the right to deny an order (see details below). The acceptance of an order through VIVIDGREY brings into existence a legally binding contract between VIVIDGREY and the customer. once the order is ready for shipping, the customer will receive another email containing the tracking number of the parcel.

VIVIDGREY strives to keep the content of the website current and accurate. However, the possibility remains that a certain product cannot be manufactured, in which case the customer will be informed by email as soon as possible. In this case, the client may alter the order or any payment would be refunded without delay. If an item cannot be manufactured due to circumstances beyond VIVIDGREY’s control, an order can be cancelled after its acceptance by VIVIDGREY. in the exceptional case of VIVIDGREY not being able to process any orders, for example due to company holidays, this would be clearly stated on the intro page of www.vividgrey.co.

3. PRICES AND PAYMENT

All prices indicated on VIVIDGREY's website are in euro's (€) and include value added tax (VAT). All prices are valid at the time of order. VIVIDGREY offers any customers based outside the European Union (EU) a deduction of the  VAT included in the Retail Prices listed in the shop. To receive this deduction an eligible customer must enter the discount code given on the checkout page. It is the responsibility of the eligible customer to enter the discount code prior making the payment as VIVIDGREY cannot refund VAT at any later point.

VIVIDGREY strives to keep the content of the website current and accurate. However, it is possible that due to human error or technical malfunction a product price or the cost of delivery could be inaccurate. In this unlikely case the customer will be informed by email as soon as possible and may alter the order or any payment would be refunded without delay.

Customers are able to make payments in different ways:

VIVIDGREY accepts all major credit cards though the well-established payment provider Stripe. For your own safety we do not save any payment information. All communication is done via a fully secure connection. Payments are made directly through Stripe—certified to PCI Service Provider Level 1, the most stringent level of certification, so we can guarantee that important information stays confidential and private. For more information, check out Stripe.com

VIVIDGREY also accepts all major credit cards through PayPal which is an industry leader in secure internet transactions. There will be no charges for the customer and it is not required to have a PayPal account. Choosing 'credit card/ PayPal' on the VIVIDGREY checkout page, customers are directed to the company's PayPal page where payment can be made in a secure environment.

4. DELIVERY

The following delivery charges are clearly stated on the ‘Shipping & Handling’ page and will be automatically added at the checkout page, based on the shipping address supplied –

Austria & Germany €9.00

European Union €14.00.

Europe (non-EU countries) € 24.00

International €35.00

Delivery Times – VIVIDGREY holds limited stock and often manufactures to order. Therefore all lead times stated in the product descriptions are approximate and non-binding. The general lead time is 7-10 days, with a maximum of 20 days if not agreed with the customer otherwise. However, VIVIDGREY cannot guarantee an exact lead time although it strives to deliver orders as soon as possible. In the case of technical malfunction, which falls under the category of circumstances beyond VIVIDGREY's control, an order will be shipped as soon as possible. VIVIDGREY will keep the customer duly informed of the status of the order. f items with different lead times are ordered, all items will be sent in one parcel at the longer time indicated.

Deliveries are handled by a reliable courier service and the customer will receive a tracking number with the dispatch confirmation email. Delivery to non-european countries may result in import duties payable on receipt of goods. The customer is liable for any extra charges. In case of a parcel being delivered in damaged condition, the customer should claim this directly with the courier and decline to accept the delivery. Thereafter the customer should contact VIVIDGREY immediately. However, VIVIDGREY is not liable for any damage during shipment. VIVIDGREY cannot be held responsible for delayed delivery caused by customer error. his could be the case if wrong address details have been supplied or if the goods cannot be received.

5. ORDER CANCELLATION

If the customer does not wish to retain an item, he/she has the right to return the item within fourteen days after delivery. If national regulations stipulate a longer period for returns, this should apply. Returns and exchanges outside this time frame cannot be accepted.

The customer must first inform VIVIDGREY by email (studio@vividgrey.co) of the intention to return any goods. An item cannot be returned if it has been washed, mended or damaged in any way. Return articles should be sent in the original wrapping and need to have all original labels attached. The shipping costs of any returns will be entirely paid for by the customer and under no circumstances will VIVIDGREY reimburse these costs. VIVIDGREY will not accept any parcels that are not prepaid. If the return instructions have been followed accurately, VIVIDGREY will reimburse the customer for the returned item(s) via bank transfer within ten days after receiving the returned goods. 

6. PRIVACY

VIVIDGREY treats their consumer’s personal information with the utmost care and security. VIVIDGREY will not give these informations to third parties, except when the information is required for the delivery of the order. When placing an order, VIVIDGREY requires the customer's name, email address, invoice and delivery address so that the order can be processed. On request, VIVIDGREY will inform a customer about his/her personal data it has stored. Any personal data will be deleted if requested by an individual.

The customer's email address will be added to the company's mailing list after a first order has been placed. The customer can unsubscribe VIVIDGREY's newsletter by simply selecting the 'unsubscribe' button on the newsletter.

7. LIABILITY

VIVIDGREY manufactures any items with the greatest care and cannot be held liable for damages of any nature caused by ill use. It will not assume any liability for damages caused by items being used or installed in any inappropriate or unsuitable way. VIVIDGREY only accepts liability for material damages if these were caused deliberately and negligent by VIVIDGREY. The content of this website has been compiled with great care. However, VIVIDGREY cannot exclude the possibility of any error or incomplete information on this website. If there should be any typing or misprinting errors those will be adjusted as soon as possible. VIVIDGREY takes every care to ensure that the colour reproduction of the items is a close representation, but it cannot accept responsibility for any variation in colour caused by the browser software or the computer system used by the customer. Due to the handmade and custom dyed manufacturing process, irregularities in material and colouring and slight variations in sizes will occur VIVIDGREY cannot accept these irregularities as faults as they are wanted and desired characteristics of the items manufactured by VIVIDGREY.

8. FORCE MAJEUR

In case of force majeur VIVIDGREY is entitled to cancel the purchase agreement by informing the client in writing. In this case, VIVIDGREY will refund any payment without delay.

9. COPYRIGHT

All information on this website is protected by copyright. It is illegal to copy, use or distribute any information from VIVIDGREY's website without first acquiring written permission by Sabine Fajana. Visitors and users of this website may not claim rights pertaining to the information on the website. None of the logo, text or photographs from VIVIDGREY's websites may be partially or wholly copied or publicly used for printing, photocopying, faxing, overtyping, in an electronic database, or for any other reproduction purposes.

10. ACCEPTANCE OF GENERAL CONDITIONS

All website users are required to be aware of and to agree with, all of the above general conditions. By placing an order with VIVIDGREY, the consumer automatically agrees to all of these general conditions. The above general conditions remain effective if one of the terms and conditions would be ineffectual, for example in case of non-compliance to national consumer protection law. the ineffective condition would be substituted by the respective legislation.

11. APPLICABLE LAW

Austrian law applies to all orders, including international ones. any legal claims relating to the general terms of sale will be brought to court in Vienna, Austria. Place of fulfilment and court jurisdiction is Vienna, Austria.