Terms and conditions of use

1. Scope and Purpose of General Terms

1. These General Terms, along with the order form and other elements referred to herein, are intended to regulate the terms and conditions that will govern the provision of Vivum's Online Store service, owned by the Individual Company of Tiago Francisco Lapa de Sousa, Tax Number 223627038, headquartered at Rua de Gulpilharinhos, 235 in Gulpilhares, Vila Nova de Gaia.
2. The Service consists of providing, through the address www.vivum.pt, access to the Online Store which, in addition to providing information on a range of products, allows the User to electronically order the products advertised therein, under the terms and conditions described here.
3. Product orders must be placed by Users aged 18 (eighteen) or over. Individuals under this age must have express authorization from their legal representatives. The elements and information transmitted by the User will have full legal effect, with the User acknowledging electronic purchases and not being able to claim lack of signature for non-compliance with the obligations assumed.

2. Product Information and Content

1. Vivum will make every effort to ensure that the information presented does not contain typographical errors, and these will be quickly corrected whenever they occur.
2. Vivum will make every effort to send all ordered products, but it is possible that, in certain cases and due to causes that are difficult to control by Vivum, such as human errors or incidents in computer systems, it may not be possible to provide some of the products requested by the User. If any product is not available after you have placed your order, you will be notified by email or telephone. At that time, you will be presented with the possibility of canceling or changing the order with the respective refund, if you have already made the respective payment.
3. All information about price, products, specifications, promotional actions, and services may be changed at any time by Vivum, with the prices applicable to each order being those that were in effect at the time of its confirmation.
4. All food marketed by Vivum is sold solely and exclusively for the purpose of Food Intended for Pets and is not intended to be transformed, repackaged, and/or resold.
5. In the case of Live Food sold in quantities equal to or greater than 50 units, the counting may be carried out using a weight/unit correspondence, so the absolute quantity may be subject to slight deviations from the advertised quantity.
6. In the case of Live/Frozen Food classified according to sizes and/or weights, the announced measurements are merely indicative and there may be deviations, due to the nature of the items in question, in relation to the final product.

3. Responsibilities and Limitation of Liability

1. All products marketed in the Vivum Online Store comply with Portuguese Law.
2. The Store has adequate levels of security, however, Vivum will not be responsible for any losses suffered by the User and/or by third parties, due to delays, interruptions, errors, and suspensions of communications that originate from factors beyond its control, namely, any deficiencies or failures caused by the communication network or communication services provided by third parties, by the computer system, by modems, by connection software or possible computer viruses or resulting from the downloading through the service of infected files or containing viruses or other properties that may affect the User's equipment. If, for some reason of access error to Vivum's Online Store website, there is an impossibility of providing the service, Vivum will not be responsible for any losses.
3. Consultations of data and information carried out within the scope of this Service are presumed to be carried out by the User, with Vivum declining any responsibility arising from abusive or fraudulent use of the information obtained.
4. Vivum will not be responsible for any losses or damages caused by abusive uses of the Service that are not directly attributable to it in terms of intent or gross negligence.
5. Vivum's liability for any damages arising from or related to the use of our services will not, in any case, exceed the total value of the purchase made by the customer.
6. Under no circumstances will Vivum be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangibles.
7. The User agrees to indemnify and hold Vivum harmless from any claims, lawsuits, liabilities, damages, costs, and expenses (including attorney's fees) that arise from or are related to your use of Vivum services or products, violation of these Terms and Conditions, or violation of any rights of third parties.

4. Consumer Obligations

1. The user commits to:
   1. Provide correct and updated personal details and addresses;
   2. Not use false identities;
   3. Comply with all applicable laws and regulations when using our services;
   4. Not use the purchased products for purposes other than those indicated.
2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, and Vivum declines any responsibility.
3. In case the consumer violates any of these obligations, Vivum reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services simultaneously provided by Vivum to the same User; and also, not allow the User's future access to any or all services provided by Vivum.

5. Privacy and Personal Data Protection

1. Vivum guarantees the confidentiality of all data provided by Users and is committed to complying with the General Data Protection Regulation (GDPR) and other applicable legislation.
2. The personal data identified in the order form as being mandatory are essential for the provision of the Service by Vivum. The omission or inaccuracy of the data provided by the User are their sole and entire responsibility and may lead to the refusal to provide the Service by Vivum.
3. The User's personal data will be processed and stored electronically and are intended to be used by Vivum within the scope of the contractual and/or commercial relationship with the User, including:
   1. Order processing and management;
   2. Billing and collection;
   3. Customer service;
   4. Communications related to the order;
   5. Improvement of our products and services.
4. The legal basis for processing your personal data includes:
   1. The execution of a contract with you (to process and deliver your order);
   2. Compliance with legal obligations (such as tax obligations);
   3. Our legitimate interest (such as protection against fraud);
   4. Your consent (for marketing communications, when applicable).
5. We keep your personal data only for the time necessary for the purposes described in these Terms or as required by law. In general, we keep data related to orders for up to 10 years to comply with tax and legal obligations.
6. Under the terms of applicable legislation, the User is guaranteed, without additional charges, the right of access, rectification, limitation of processing, portability, and erasure of their personal data, directly or by means of a written request, as well as the right to oppose the use of the same for the purposes provided in the previous number, and for this purpose should contact the entity responsible for the processing of personal data through the email geral@vivum.pt.
7. The Internet is an open network, so the User's personal data, other personal information, and all content hosted in the Service may circulate on the network without security conditions, running, including, the risk of being accessible and used by unauthorized third parties for the purpose, and Vivum cannot be held responsible for such access and/or use.

6. Cookie Policy

1. The Vivum website uses cookies to improve the user experience and offer personalized services. Cookies are small text files that are stored on your device when you visit our website.
2. We use the following types of cookies:
   1. Essential cookies: Necessary for the basic functioning of the website, allowing navigation and use of essential functionalities;
   2. Preference cookies: Allow the website to remember information that changes the way the site behaves or appears;
   3. Statistical cookies: Help us understand how visitors interact with the website, collecting and reporting information anonymously;
   4. Marketing cookies: Used to track visitors on websites, with the aim of presenting relevant advertisements.
3. By continuing to use our website, you agree to the use of cookies. You can change your browser settings to refuse cookies or be notified when a cookie is sent. Note that some website functionalities may not work correctly if you refuse cookies.
4. For more information on how we manage cookies, consult our complete Cookie Policy.

7. Account Security

1. When creating an account at Vivum, the User is responsible for maintaining the confidentiality of their access credentials and for all activities that occur in their account.
2. We recommend that:
   1. You use a strong and unique password (minimum of 8 characters, including uppercase, lowercase, numbers, and special characters);
   2. You do not share your credentials with third parties;
   3. You end the session after each use, especially on shared devices;
   4. You regularly update your password.
3. The User must immediately notify Vivum of any unauthorized use of their account or any other security breach.
4. Vivum will not be responsible for any losses or damages resulting from the User's failure to comply with these security obligations.

8. Payment

1. Payment for orders is restricted to the payment methods accepted by Vivum:
   1. Bank Transfer;
   2. Paypal;
   3. Credit/Debit Card;
   4. MBWay;
   5. Cash (Only for Pick-ups/Hand Deliveries).
2. All payment transactions are processed through secure and encrypted channels. We never store complete credit card information on our servers.
3. Unless explicitly agreed, orders are only shipped after payment is received.

9. Order Cancellation

1. At the User's request, the User may cancel their order by requesting it from Vivum through the phone number or email, referring to the order reference, which will be accepted as long as it has not yet been shipped or, in the case of products only available by order, they have not yet been ordered from the supplier(s).
2. For the purpose of cancellation, the User must indicate the following data at the time of the cancellation request:
   1. Order reference;
   2. Delivery address.
3. Vivum reserves the right not to process orders when it finds any inconsistency in the personal data presented or observes conduct that it considers inappropriate on the part of the buyer.

10. Shipping

1. It is up to the User to pay for the Guaranteed Live/Frozen Delivery service. Failure to contract this service leads to the cancellation of the Live and/or Frozen Delivery Guarantee for Live and/or Frozen Food, respectively, with the order being shipped in normal service.
2. Shipments are made from Monday to Friday (live and frozen food shipments are not made on Fridays and days before holidays).
3. Deliveries are not made to P.O. Boxes.
4. In-hand pick-ups are done at our facilities in Gulpilhares, Vila Nova de Gaia only according to prior agreement. For sanitary reasons and to ensure its quality, orders containing Live Food are available for pick-up for 48h after notification for pick-up, being canceled and non-refundable after this period.
5. Shipping costs are charged according to the tables displayed on the following page: Deliveries and Shipping. Note: The total weight of the order should include the weight of the product(s) you are buying as well as that of all packaging necessary for the product(s) to reach your address in good condition.
6. The responsibility for the accuracy and correctness of the delivery data is the responsibility of the User, with Vivum being exonerated from any responsibility for losses or delays caused by incidents related to addresses.
7. The indicated delivery times are estimates and may vary due to external factors. Vivum is not responsible for delays caused by circumstances beyond its control.

11. Returns (Right of Resolution)

1. The User, if a consumer, can exercise the right of resolution without being required to provide any justification, within a period of 14 (fourteen) days from the day on which the consumer acquires physical possession of the goods (except for goods in the Live Food / Frozen Food category and respective subcategories as well as any live animals).
2. To exercise the right of resolution, the consumer must inform Vivum of their decision through an unequivocal declaration (for example, letter, email, or specific online form).
3. The respective shipping costs are not refundable and the costs and procedures for return shipping will be the responsibility of the User.
4. Upon receipt of the return, the User will be refunded the value corresponding to the value paid for the items in the order. If you used a promotional discount code, that value will not be refunded, that is, the refund will only be for the value actually paid.
5. The method of refund depends on the payment method used in the respective order. In the case of payments with credit card and PayPal, these are credited to the respective accounts. In other cases, when NIB information is provided, the refund is made to the indicated bank account. The refund is made up to 2 business days after receipt of the returned order.
6. In the absence of any of the components of the sold item or, if any of them is not in excellent condition and without any use, there will be no refund of the value.

12. Warranty

1. All equipment available in the Store is duly certified by the competent international entities.
2. Equipment and accessories have a warranty period, in the absence of indications to the contrary, of 3 (three) years. This period is considered from the date of the equipment invoice and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (invoice) duly completed.
3. Excluded from the previous point are consumable goods whose normal use inevitably results in their wear and eventual failure.
4. Equipment that has exceeded the period defined by the manufacturer or shows defects caused by abnormal wear, improper installation, inclement weather, electrical discharges, negligence or accidents, improper handling, moisture/liquid infiltration, use of non-original accessories, and technical interventions by unauthorized personnel are considered outside the warranty conditions.
5. Accessories covered by the warranty that break down should be sent, in the original packaging, with the respective proof of purchase and/or warranty, to the following address:

Tiago Sousa

Rua de Gulpilharinhos 235

4405-648 Gulpilhares

13. Intellectual Property

1. The Store is a registered site and the Service provided by the site itself is the responsibility of Vivum.
2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property, and other applicable legislation.
3. All site content, including texts, images, logos, layout, design, and software code are the property of Vivum or are used with the authorization of the respective owners.
4. The User acknowledges that any content that appears in the advertising, highlight, promotion, or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, by laws relating to industrial property, and other property protection laws, so any use of such content may only occur under express authorization from the respective holders.
5. The User undertakes to fully respect the rights referred to in the previous number, namely by refraining from practicing any acts that may violate the law or the referred rights, such as the reproduction, commercialization, transmission, or making available to the public of these contents or any other unauthorized acts that have as their object the same contents.

14. Service Security Conditions

1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal acts or those that offend good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the applicable legislation to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of Vivum suspending or deactivating the Service.
2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by several users, and as such, subject to computer overloads, for which Vivum does not guarantee the provision of the Service without interruptions, loss of information, or delays.
3. Vivum also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is supported or force majeure (situations of an extraordinary or unforeseeable nature, outside Vivum and which cannot be controlled by it).
4. In case of interruption of the Service provision due to unforeseeable overload of the systems on which it is supported, Vivum undertakes to regularize its operation as quickly as possible.
5. Vivum implements appropriate technical and organizational measures to protect your data and systems against unauthorized access, loss, or destruction. However, despite our efforts, no security system is impenetrable.

15. Communications

1. Without prejudice to other forms of communication provided for in these General Terms, notifications made to the User that relate to the Service, including any changes to these General Terms, may be made to the User's email address, by SMS, or telephone contact.
2. The User agrees to receive all and any communication and/or notification related to the Online Store, to the address, contact telephone, and or electronic mail address ("e-mail") indicated in the order process.
3. At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the option "Do not receive the Newsletter" inscribed in each Newsletter.
4. By providing your email address, the User agrees to receive communications related to the processing and delivery of their order. These service communications are independent of any promotional newsletter subscription.

16. Complaints and Dispute Resolution

1. The User can submit any contractual conflicts to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Vivum about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
2. To facilitate problem resolution, Vivum encourages customers to follow these steps:
   1. Contact our customer support service through the email geral@vivum.pt or phone +351 936 271 278;
   2. Describe the problem clearly and concisely, including relevant details such as order number, date, and nature of the problem;
   3. Whenever possible, include photographs or other elements that help in assessing the situation;
   4. Indicate what solution you consider appropriate for your case.
3. The formal complaint must be submitted within a maximum period of 30 (thirty) days, counted from the User's knowledge of the facts, being registered in Vivum's information systems, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days, counting from the date of its receipt.
4. In case of dispute in the interpretation or application of these conditions, the competent jurisdiction is that of the district of Vila Nova de Gaia, with express waiver of any other.
5. In case of online consumer dispute, the consumer can resort to an online dispute resolution system (ODR - ec.europa.eu/consumers/odr), the ODR Platform ("online dispute resolution"), with competence for the resolution of disputes related to contractual obligations resulting from online sales or service contracts.
6. Access here the Electronic Platform for Alternative Dispute Resolution in online sales or service contracts.
7. For Complaints and Claims – www.livroreclamacoes.pt and/or geral@vivum.pt.
8. More information on the Consumer Portal (www.consumidor.pt)

17. Specific Regulations

1. Free Shipping:
   1. Valid for orders with a value equal to or greater than €75 with delivery address in Mainland Portugal or Mainland Spain;
   2. Items from the "Products>Terrariums" Category may be subject to additional packaging costs.
2. Guaranteed Live/Frozen Delivery:
   1. The guarantee presupposes the return of the value, except for transport costs, of lost, damaged, or unusable merchandise, in credit, for use in our store provided that:
      1. The order has as delivery address an address in Mainland Portugal or Mainland Spain and has been received at the first delivery attempt and without incidents related to incomplete or incorrect addresses;
      2. The situation is reported to us, through the proper form, with the proper photographic evidence (of the order with the respective label, the interior of the order, and the affected merchandise) up to 2 hours after its reception by the User;
      3. Shipping with Live/Frozen Delivery Guarantee has been contracted by the User.

18. Sustainability Policy

1. Vivum is committed to sustainable and responsible business practices. We strive to minimize the environmental impact of our operations through the following initiatives:
   1. Use of reusable, recyclable, or biodegradable packaging materials whenever possible;
   2. Optimization of delivery routes to reduce the carbon footprint;
   3. Implementation of energy conservation practices in our facilities;
   4. Promotion of products that respect animal welfare and the environment.
2. We encourage our customers to participate in these efforts by reusing or properly recycling the packaging of the products they purchase.

19. Accessibility

1. Vivum strives to ensure that its website is accessible to all users, including people with disabilities.
2. We are continuously working to improve the user experience and accessibility of our website. If you find difficulties with access or have suggestions for improving accessibility, please contact us through the email geral@vivum.pt.

20. Contract Modifications

1. Vivum reserves the right to modify these Terms and Conditions at any time, publishing the updated version on its website.
2. Changes will take effect immediately after their publication. For orders already placed, the Terms and Conditions in force at the time of order confirmation apply.
3. It is the User's responsibility to regularly consult this page to check if changes have been made. Continued use of the website after the publication of changes constitutes acceptance of these changes.
4. For significant changes, Vivum will seek to notify users through the contacts provided.

21. Applicable Law

1. The Contract is governed by Portuguese law.
2. If any provision of these Terms and Conditions is deemed illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.