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Term Conditions Page

Terms & Conditions of Use and Sale

Vivify International (www.vivifyinternational.com)
Effective Date: 08-07-2025

1. Introduction

This document outlines the legally binding terms and conditions ("Terms", "Agreement") between Vivify International, a company engaged in the wholesale import and distribution of kitchenware, home decor, and bathroom items (referred to as "Company", "we", "us", or "our"), and any user, reseller, distributor, or business entity (referred to as "you", "your", "Client", or "Buyer") accessing or transacting through our website www.vivifyinternational.com.

By using this website, placing an order, or engaging in business with us, you agree to abide by the terms outlined herein, in compliance with Indian laws including:

  • The Indian Contract Act, 1872
  • The Sale of Goods Act, 1930
  • The Customs Act, 1962
  • The Information Technology Act, 2000
  • GST Act, 2017
  • Consumer Protection Act, 2019 (where applicable)
  • The Legal Metrology Act, 2009
  • Foreign Trade (Development & Regulation) Act, 1992

2. Business Model and Wholesale Nature

Vivify International operates strictly as a B2B (Business-to-Business) wholesale importer. We do not sell directly to retail consumers unless specified under a separate agreement. All our transactions are made with businesses, shops, resellers, contractors, and registered commercial buyers. GST registration is mandatory for wholesale purchase.

3. Eligibility & Registration

  • You must be legally competent as per the Indian Contract Act, 1872.
  • Businesses must be registered entities with valid GSTIN.
  • You may be required to submit a trade license, PAN, or other verification documents.
  • Orders may be rejected or accounts disabled if false information is provided.

4. Product Representation

  • All product descriptions, specifications, and images are for wholesale catalog purposes.
  • Minor variation in design, color, or material may occur due to import batch differences.
  • Product compliance with Indian BIS, FSSAI, or other certifications (where applicable) is ensured, but specific documentation must be requested at the time of order.

5. Pricing, Invoicing, and Taxes

  • Prices are wholesale prices and are subject to fluctuation based on currency rates, shipping costs, and supplier updates.
  • All invoices are raised with GST. GST is charged based on the applicable slab (5%, 12%, or 18%).
  • Tax invoices are issued in compliance with the GST Act, 2017, and e-invoicing rules.
  • Any duties paid at customs are borne by the company unless agreed otherwise in writing.

6. Order Process, Acceptance & Cancellation

  • Orders must be placed via website, email, or official WhatsApp.
  • Orders are confirmed only after written acknowledgment and/or payment.
  • Cancellation requests must be made within 24 hours of order placement and are subject to acceptance.
  • Vivify International reserves the right to cancel any order due to legal, logistical, or commercial reasons.

7. Payment Terms

  • Payment must be made as per agreed terms—either advance, part-advance, or full before dispatch.
  • Bank transfers, UPI, NEFT, RTGS, and approved payment gateways are accepted.
  • Credit terms (if any) will be offered only after successful history and signed credit agreement.
  • Delayed payments attract 12% YEARLY. interest or maximum permitted by law. Legal action and blacklisting apply in case of default.

8. Delivery, Shipping, and Risk

  • Shipping is arranged by Vivify or through third-party logistics depending on location and volume.
  • All risk passes to the buyer once goods are dispatched from our warehouse.
  • Any claims for damaged goods must be made within 48 hours of delivery with clear photos.
  • Delivery timelines are estimates only and may be affected by customs clearance, transport delays, strikes, or natural events.

9. Returns and Replacements

  • Returns are accepted only for defective or damaged items under strict conditions:
    • Must be reported within 7 days of delivery
    • Product must be unused, in original condition, with complete packaging
  • No returns for unsold stock, overstock, or non-moving inventory.
  • All returns are subject to inspection and approval by Vivify International.
  • Refunds, if applicable, are processed within 10 business days to original payment mode.

10. Import Compliance

As importers, we comply with:

  • The Customs Act, 1962
  • DGFT (Directorate General of Foreign Trade) licensing
  • FSSAI/BIS/ISI certification where required
  • Buyers must not re-export or distribute goods in a way that violates Indian law

11. Intellectual Property

  • All content on the website including trademarks, brand names, product codes, product photos, and catalogs are intellectual property of Vivify International or our international partners.
  • Unauthorized use, copying, or distribution is punishable under The Copyright Act, 1957.

12. Data Privacy & IT Compliance

We strictly follow:

  • Information Technology Act, 2000
  • SPDI Rules, 2011 (Sensitive Personal Data Rules)
    Your business data, order history, personal and banking information are stored securely. We do not sell your data to any third party. Access is restricted to authorized personnel only.

13. Anti-Fraud & Security

Vivify International reserves the right to:

  • Suspend or terminate any account involved in fraud or attempted fraud
  • Report suspicious activities to Cyber Crime Cells
  • Use third-party tools for fraud detection and IP monitoring

14. Limitation of Liability

  • Our liability is limited to the value of goods sold.
  • We are not liable for indirect, incidental, or consequential losses including lost profits, delayed sales, or loss of reputation.
  • Liability for imported goods is limited to the extent permitted under the Sale of Goods Act, 1930.

15. Dispute Resolution

  • All disputes are to be resolved through arbitration under the Arbitration and Conciliation Act, 1996.
  • Venue: [Insert City, India]
  • Language: English
  • Courts at [Insert City, India] shall have exclusive jurisdiction.

16. Compliance with Government Authorities

We are fully compliant with:

  • DGFT & Foreign Trade Policy
  • CBIC (Customs & Central Excise)
  • Ministry of Corporate Affairs (MCA)
  • Income Tax Department
  • GSTN (Goods and Services Tax Network)

Any notice, summons, or request from these bodies will be responded to within legal timelines. We also expect buyers to maintain ethical business practices under Indian law.

17. Termination of Access

We may suspend or terminate access to the website, your account, or wholesale rights in the event of:

  • Breach of these terms
  • Legal violations
  • Fraudulent activities
  • Payment default

18. Force Majeure

Vivify International shall not be held liable for failure to perform due to causes beyond its reasonable control including war, pandemic, earthquake, floods, strikes, cyberattacks, government bans, or transport delays.

19. Notices

All notices or legal communications must be sent in writing to:

Vivify International
Email: info@vivifyinternational.com
Phone:+91 90993 33099
Registered Address: 201 2nd floor, Gayatrikrupa group housing sos, Koli faliya Variav, 394540, Surat, Gujarat
Website: www.vivifyinternational.com

 

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