Terms & Conditions

Legal Entity Details

Business Operations

Vivora Nest GmbH operates as an authenticated product retailer specializing in:

• Retail sale of authenticated consumer goods
• Online commerce and digital marketplace operations
• Product authentication and verification services
• Customer service and support operations
• International shipping and logistics coordination

Regulatory Compliance

Our business operations comply with all applicable regulations including:

• German Commercial Code (HGB) - Commercial operations
• EU Consumer Rights Directive - Consumer protection
• GDPR - Data protection and privacy
• German Distance Selling Act - Online sales
• Anti-Counterfeiting Regulations - Product authenticity

Product Categories

We offer authenticated products across multiple categories:

• Luxury Goods: High-end fashion, accessories, and lifestyle products
• Electronics: Certified electronic devices and accessories
• Collectibles: Authenticated collectible items and memorabilia
• Fashion & Accessories: Designer clothing, bags, shoes, and jewelry
• Home & Living: Premium home decor and lifestyle products
• Sports & Outdoor: Authentic sporting goods and equipment

Service Standards

Authenticity Verification

• Professional authentication by certified experts
• Multi-point verification process for every item
• Authenticity certificates and documentation
• Continuous supplier compliance monitoring

Customer Service

• 24/7 multilingual customer support
• Expert product consultation and advice
• Comprehensive warranty and return services
• Order tracking and delivery updates

Quality Assurance

• Rigorous quality control processes
• Secure packaging and handling procedures
• Regular supplier audits and compliance checks
• Continuous improvement of verification methods

Contract Formation Process

1. Product Display

Product listings on our website constitute an invitation to treat, not a binding offer. Prices and availability are subject to change without notice.

2. Customer Offer

When you place an order, you make a binding offer to purchase the specified products at the displayed price, subject to these terms and conditions.

3. Order Confirmation

We send an order confirmation email acknowledging receipt of your order. This does not constitute acceptance of your offer.

4. Contract Formation

The contract is formed when we dispatch your order and send a shipping confirmation. At this point, both parties are legally bound.

Order Requirements

Order Modification and Cancellation

Before Shipping

• Orders can be modified or cancelled within 1 hour of placement
• Contact customer service immediately for urgent changes
• No charges for modifications or cancellations before processing
• Changes subject to product availability and pricing

After Shipping

• Modifications not possible once shipped
• Use return policy for unwanted items
• EU consumers have 14-day withdrawal right
• Shipping costs may apply for changes

Accepted Payment Methods

• Credit/Debit Cards: Visa, Mastercard, American Express, Discover
• Digital Wallets: PayPal, Apple Pay, Google Pay, Samsung Pay
• Bank Transfers: SEPA transfers, wire transfers
• Buy Now, Pay Later: Klarna, Afterpay (subject to approval)
• Store Credit: Gift cards and account credit balances
• Cryptocurrency: Bitcoin, Ethereum (coming soon)

Payment Processing

Payment Authorization

Payment is authorized at order placement but charged only when items are shipped. Pre-authorization ensures funds availability and may temporarily affect your available credit/balance.

Payment Security

• PCI DSS compliant payment processing
• SSL encryption for all transactions
• Fraud detection and prevention systems
• Secure tokenization of payment data
• Regular security audits and compliance checks

Payment Failure

If payment fails, we will:

• Notify you immediately via email
• Hold your order for 72 hours
• Provide opportunity to update payment method
• Cancel order if payment not resolved within 7 days

Pricing and Fees

Product Pricing

• All prices displayed include applicable VAT/taxes
• Prices current at time of order placement
• Currency conversion available for international customers
• Price matching policy available for competitive offers

Additional Costs

• Shipping: Calculated based on destination and method
• Customs/Duties: Customer responsibility for international orders
• Payment Processing: No additional fees for standard methods
• Currency Conversion: Bank/card issuer rates apply

Delivery Terms

Delivery Timeframes

• EU Standard: 3-7 business days
• EU Express: 1-3 business days
• International: 5-15 business days depending on destination
• Same Day: Available in select cities

Delivery Requirements

• Valid delivery address with accurate information
• Someone available to receive package (signature required)
• Access to delivery location during business hours
• Identification for high-value deliveries

Risk Transfer

Risk Passes to Customer

Under German law (§ 447 BGB), risk transfers when:

• Successful Delivery: Package delivered and signed for
• Failed Delivery (Customer Fault): If customer unavailable after notification
• Collection Point: When package available for collection
• Carrier Handover: For international shipments outside EU

Our Risk Coverage

• Full insurance coverage during transit
• Replacement or refund for lost/damaged packages
• Enhanced protection for high-value items
• Tracking and monitoring throughout delivery

Delivery Issues

Failed Delivery

If delivery fails due to:

• Incorrect Address: Customer responsible for re-shipping costs
• Customer Unavailable: Package held for collection (fees may apply)
• Refused Delivery: Return shipping costs charged to customer
• Carrier Error: We arrange re-delivery at no cost

Damaged or Lost Packages

• Report within 48 hours of delivery
• Photo evidence required for damage claims
• Full investigation conducted with carrier
• Replacement or refund provided promptly

Statutory Warranty Rights

EU/German Warranty (2 Years)

Under German Civil Code (§ 437 BGB) and EU Sales of Goods Directive:

• Duration: 24 months from delivery
• Presumption: Defects in first 6 months presumed to exist at delivery
• Remedies: Repair, replacement, price reduction, or withdrawal
• No Cost: All warranty services provided free of charge

Enhanced Warranty

• Extended manufacturer warranties where applicable
• Additional protection plans available for purchase
• International warranty service coordination
• Priority repair and replacement services

Return Policy

EU Withdrawal Right (14 Days)

EU consumers have unconditional right to withdraw from purchase:

• Period: 14 days from receipt of goods
• No Reason Required: Withdrawal without giving reasons
• Full Refund: Including original shipping costs
• Return Shipping: We cover costs within EU

Return Conditions

• Items in original condition with authenticity seals intact
• Original packaging and documentation included
• No signs of use beyond necessary examination
• All accessories and components present

Warranty Exclusions

Warranty does not cover:

• User Damage: Damage from misuse, accidents, or neglect
• Normal Wear: Expected deterioration from regular use
• Unauthorized Repairs: Damage from non-authorized service
• Environmental Damage: Exposure beyond product specifications
• Modifications: Alterations or use of non-genuine parts

Our Liability

Unlimited Liability

We accept unlimited liability for:

• Intent and Gross Negligence: Damages caused intentionally or by gross negligence
• Personal Injury: Death, personal injury, or health damage
• Product Liability: Defective products under Product Liability Act
• Statutory Guarantees: Warranty and authenticity guarantees

Limited Liability

For simple negligence, liability is limited to:

• Essential Contractual Obligations: Breaches that endanger contract purpose
• Foreseeable Damages: Typical and reasonably foreseeable losses
• Contract Value: Maximum liability capped at order value
• Adequate Insurance: Coverage maintained for business operations

Customer Responsibilities

Proper Use

• Use products according to manufacturer instructions
• Follow safety guidelines and warnings
• Report defects promptly upon discovery
• Allow reasonable access for repairs if needed

Damage Mitigation

• Take reasonable steps to minimize damages
• Notify us immediately of significant issues
• Preserve evidence for warranty or liability claims
• Cooperate in investigation of claims

Force Majeure

Neither party liable for delays or failures due to circumstances beyond reasonable control, including:

• Natural Disasters: Earthquakes, floods, severe weather
• Government Actions: Laws, regulations, sanctions
• Infrastructure Failures: Internet, power, telecommunications
• Labor Disputes: Strikes, lockouts, work stoppages
• Pandemics: Public health emergencies and restrictions

Our Intellectual Property

Protected Content

• Trademarks: Vivora Nest® and associated marks
• Website Content: Text, images, design, layout
• Software: Website functionality and applications
• Databases: Product information and customer data
• Documentation: Authenticity processes and procedures

Permitted Use

You may:

• View and print content for personal use only
• Share product links for recommendation purposes
• Use product images for reviews (with attribution)
• Quote brief portions for commentary or criticism

Third-Party Rights

Brand Protection

We respect all third-party intellectual property rights:

• All brand names and trademarks belong to respective owners
• Product images used with permission or under fair use
• Immediate response to valid takedown requests
• Cooperation with brand protection initiatives

Infringement Policy

• Zero tolerance for counterfeit products
• Prompt investigation of infringement claims
• Cooperation with rights holders and authorities
• Account suspension for repeated violations

User-Generated Content

When you submit reviews, comments, or other content:

• You retain ownership of your content
• You grant us license to use for business purposes
• Content must not infringe third-party rights
• We may moderate or remove inappropriate content

Data Protection Compliance

Our data processing complies with:

• GDPR: EU General Data Protection Regulation
• BDSG: German Federal Data Protection Act
• ePrivacy Directive: Electronic communications privacy
• Industry Standards: ISO 27001, SOC 2 compliance

Your Privacy Rights

• Access: Request copy of your personal data
• Rectification: Correct inaccurate information
• Erasure: Request deletion of personal data
• Portability: Receive data in machine-readable format
• Object: Object to certain processing activities
• Restrict: Limit processing in certain circumstances

Data Processing

We process personal data for:

• Contract Performance: Order processing, delivery, customer service
• Legal Compliance: Tax records, anti-fraud measures
• Legitimate Interest: Business analytics, security, marketing
• Consent: Newsletter, optional features, cookies

Governing Law

These terms are governed by:

• German Law: German Civil Code (BGB) and Commercial Code (HGB)
• EU Law: Consumer Rights Directive, GDPR, and applicable regulations
• Consumer Protection: Mandatory consumer protection laws cannot be excluded
• International Law: UN Convention on International Sale of Goods (excluded)

Dispute Resolution Process

1. Direct Resolution

First step: Contact our customer service team

• Email: support@vivora-nest.shop
• Phone: +49 (0) 800 123 4567
• Response: Within 48 hours
• Resolution Target: 7-14 business days

2. Management Escalation

• Escalation Email: complaints@vivora-nest.shop
• Senior Review: Management-level assessment
• Response: Within 5 business days
• Final Offer: Comprehensive resolution proposal

3. Alternative Dispute Resolution

• EU ODR Platform: ec.europa.eu/odr
• Mediation Services: Professional mediation available
• Consumer Centers: Local consumer protection offices
• Arbitration: Binding arbitration by agreement

Jurisdiction

Court Jurisdiction

• Business Customers: Courts of Berlin, Germany
• Consumer Customers: Consumer's place of residence or Berlin
• International: German courts unless other jurisdiction mandated
• EU Regulation: Brussels I Regulation applies to EU disputes

Consumer Rights

Nothing in these terms affects your rights as a consumer under applicable law, including:

• Right to bring proceedings in your country of residence
• Protection under mandatory consumer protection laws
• Access to alternative dispute resolution mechanisms
• Right to legal representation and advice

Amendment Process

Notification

• Material Changes: 30-day advance notice via email
• Minor Updates: Website notice with effective date
• Legal Requirements: Immediate implementation when mandated
• Version Control: Previous versions archived for reference

Customer Options

• Continue using service constitutes acceptance
• Terminate account if you disagree with changes
• Contact us to discuss concerns about updates
• Consumer rights remain protected regardless of changes

Severability

If any provision of these terms is found invalid or unenforceable:

• The remainder of the terms remains in full effect
• Invalid provisions will be replaced with valid alternatives
• Consumer protection provisions cannot be severed
• Overall contract purpose and fairness maintained