VIYKA Terms and Conditions
means these terms and conditions;
means the contract incorporating these Conditions which is formed when You place an Order and We confirm acceptance of the Order;
means countries other than Canada;
Refers to an order placed by You via this Website for one or more Products;
Refers to all and any information provided by You in an Order or when registering on any part of this Website to include without limit your name, address and card details;
Refers to any product advertised on this Website;
Refers to VIYKA represented on www.viyka.com
Refers to viyka.com, any other URL operated by us and our mobile applications;
Refers to a user of this Website;
Refers to a human mistake or a technical or system failure which leads to incorrect pricing of Orders and/or Products.
Use of this website
Application of these Conditions
These Conditions apply to Use of this Website and are the terms and Conditions on which We will supply any of the Products to You and by proceeding further and/or placing an Order You agree to be bound by the Conditions. If You do not agree to be bound by them, You should leave this Website now.
Please click on the button to mark Your acceptance of these Conditions before placing an Order if You accept them. Please understand that if You refuse to accept these Conditions, You will not be able to Order any Products from the Website.
When Using the Website, You accept that communication with Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on the Website. For Contractual purposes, You agree to this electronic means of communication and You acknowledge that all Contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing.
We may change these Conditions from time to time without notice to You. Changes will apply to any subsequent Orders received. It is Your responsibility to check regularly to see if any changes have been made to these Conditions. We reserve the right to modify or withdraw this Website at any time without liability to You.
Contact Us if You have any questions relating to these Conditions or Ordering the Products generally by using the Contact Us page.
You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to Your computer and/or email address to prevent unauthorized access to Your account.
Description and Availability
We take all reasonable measures to ensure that details, measurements and descriptions of Products given on this Website are as accurate and complete as possible but there may be variations between these and the Products themselves. All Products are subject to availability. In the event Products are unavailable they will be cancelled from Your Order and You will receive a refund.
For International Orders, prices appearing on this Website may be subject to taxes and duties (where applicable) at the current rates.
The cost of Your Order will be the price of the Products Ordered plus the appropriate delivery charge outlined in the Shipping details page.
Due to circumstances beyond Our control prices may have to be altered, including any variations in the rate of sales tax. If this occurs You will be notified and requested to reconfirm Your Order at the altered price.
By notifying You, We shall be entitled to cancel any Contract in whole or in part to the extent that it is for the purchase of a Product the price of which was stated incorrectly on the Website.
Placing an Order
You must not Order Products via this Website if You are Younger than 16 years of age.
All Orders are subject to acceptance by Us and are subject to availability. After placing an Order, You will receive an email from Us acknowledging that We have received Your Order. Please note that this does not mean that Your Order has been accepted. Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us and We will confirm such acceptance by sending You an email that confirms that the Product has been dispatched (the “Dispatch Notice”). The Contract between Us will only be formed when We send You the Dispatch Notice.
Where, in our reasonable judgment, we believe that there is an Error, we will be entitled to cancel Your Order and refund Your payment.
Where the Error is noticed before the Order is dispatched, we will use all reasonable endeavors to inform You and allow You to choose whether to re-place the Order at the correct price or to have Your Order refunded.
You agree to indemnify Us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Conditions by You or any other liability arising out of Your Use of this Website or out of the Use of this Website by any person Using Your account number and/or password.
We warrant to You that any Product purchased from Us through the Website is of satisfactory quality and fit for the purpose for which Products of the kind are commonly supplied and in conformity with the Contract.
Our liability for losses You suffer as a result of Us breaching this Contract is strictly limited to the purchase price of the Product You purchased.
To the fullest extent possible and except for the warranty set out above, We disclaim any and all warranties of any kind (whether expressed or implied) in relation to the Products.
We will not be liable to You in Contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by You arising out of the subject of these Conditions.
Nothing in these Conditions shall limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for Us to exclude, or attempt to exclude Our liability.
The Contract will be concluded in English.
We may assign or transfer any of Our rights or obligations under a Contract.
You may not assign or transfer any of Your rights or obligations under this Contract.
If We fail, at any time of the Contract, to insist upon performance of any of Your obligations under the Contract, or if We fail to exercise any of the rights or remedies to which We are entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
A waiver by Us of any default shall not constitute a waiver of any subsequent default.
No waiver by Us of any of the terms and Conditions of the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
If any part of these Conditions is held to be invalid or unenforceable in whole or in part the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.
Each Contract shall be governed by these Conditions which contain the entire agreement between You and Us in respect of its subject matter and supersedes any previous agreements relating to such matter.
All payment transactions are carried out over an SSL 128-Bit Encrypted secure connection. We do this Using industry standard technology.
When You visit this Website We may collect, and Our third party providers of advertisements and content may collect, information about where You are on the internet (e.g. the URL You came from, IP address, domain name types like .co.uk and .com), Your browser type, the country and telephone area code where Your computer is located, the pages of this Website that Were viewed during Your visit, the advertisements You clicked on, and any search terms that You entered on Our Website (“User Information”) We and they, may collect this User Information even if You do not register on this Website When You register or shop on this Website, We will (where applicable) ask You to input and We will collect Your Personal Information.
We will treat all Your Personal Information (which includes any User Information from which We can identify You) as confidential (although We reserve the right to disclose this Personal Information in the circumstances set out below).
We confirm that We only Use Your Personal Information for the following purposes:
- Processing Your Orders;
- For statistical purposes to improve this Website and its services to You;
- To administer this Website;
- Other Use by Us to which You agree when asked on this Website.
When You register on this Website You are given the option to receive news and updates from Us by email and post which We feel may be of interest to You.
If You indicate Your agreement to being contacted by Us by these means You may subsequently unsubscribe from Our contact list at any time by contacting Us or following the “unsubscribe” directions given in any email received. You can also amend Your account profile at any time by signing-in and going to “My Account”.
Your Personal Information may be disclosed to other businesses within the group of which We are a part and to reputable third party Contractors engaged by VIYKA to perform a variety of functions such as processing Your Orders, assisting with promotions or providing technical services for Our Websites. We require all such third parties to treat Your Personal Information as fully confidential and to fully comply with all applicable General Data Protection and consumer legislation.
You should be aware that if We are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and/or User Information We are entitled to do so.
Cookies are small pieces of information that are stored by Your browser on Your computer’s hard drive. Our cookies do not contain any personally identifying information, but they do enable Us to provide features such as customization and to store Products in Your Shopping Basket between visits. Most Web browsers automatically accept cookies, but You can Usually change Your browser to prevent that. Even without a cookie, You can still Use most of the features on the Website, including placing Products in Your shopping basket and purchasing them.
Questions and concerns regarding this policy and Your Personal Information should be directed to our Contact Us form.
It is important to Us that You are happy with all Our Products. If there is any reason why You are not completely satisfied with any Product You Order from Us, You can simply return it to Us within 30 days of purchase. Please Contact Us to do so. If after purchase, any Product fails to give reasonable Wear – due to either defective workmanship or materials We will credit the purchase price to Your account.
Our carriers are unable to deliver to PO Boxes, airports, hospitals and prisons. We will also at Our discretion exclude delivery to any addresses which are considered to be insecure.
We are not liable for any parcels that are lost or stolen as a result of any specific delivery instructions left for the carrier.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content appearing on this Website shall remain at all times vested in Us or Our licensors. VIYKA is a registered trademark owned by Us.
All notices given by You to Us shall be to Our address set out in these Conditions. We may give notice to You at either the email or postal address You provided to Us when placing the Order. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or 3 days after the date of posting any letter, provided that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Contract that is caused by events outside Our reasonable control.
This includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following:-
- strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the Use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the Use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under the Contract is deemed to be suspended for the period that the such Event continues, and We will have an extension of time for performance during that period. We will Use Our reasonable endeavors to bring the Event to a close or to find a solution by which Our obligations under the Contract may be performed despite any such Event.