Terms & conditions

Use of this website

We are pleased to welcome you on the vm-atelier.com website (the "Website"). vm-atelier.com is an online service platform. By accessing the Website you agree to be bound by these terms and conditions as well as our Cookies Policy and our Privacy Policy (the "T&C").

We may amend the Terms & Conditions from time to time at our sole discretion. We therefore recommend that you check their content before placing any orders. By using the Website after these amendments you agree to be bound by the Terms & Conditions as amended.

This Website is only available to individuals who are eligible to register and who intend to purchase the products featured on the Website (the "Products") for their personal use ("you", the "Customer").

Registration

To be eligible to purchase the Products on the Website you must register. When you register you will be required to provide your real name, address, phone number, e-mail address and other information that may be requested. By registering you warrant that the personal information provided is true, accurate, complete and up-to-date in all respects.

Please make sure that the account password provided is stored safely: we do not accept any liability in case of a fraudulent use of your account.

Formation of a contract

Orders

By placing an order of a Product on the Website you are offering to buy that Product at the indicated price, subject to the Terms & Conditions (the "Order").

The Order will be formally placed by clicking on the "checkout" button at the online order process.

All new Orders are deemed separate and each is treated individually (entailing separate delivery costs, and tax or import duties if applicable).

Acknowledgement of the order

Once you have placed the Order, you will receive an e-mail from us acknowledging the details of the Order. This e-mail does not constitute the acceptance of the Order but is only a confirmation that the Order has been received by us.

Acceptance ot the order

Unless you cancel your order, your order will be considered complete and final once we have sent you an email with the invoice. We will ask you to pay a 40% deposit. Then we would send you an e-mail to confirm that the relevant Product(s) has/have been dispatched. The contract of sale is therefore concluded in Luxembourg.

We reserve the right not to accept the Order in the event that we are unable to obtain the payment or that you do not meet the eligibility criteria set out in the Terms & Conditions.

We also reserve the right not to accept the Order at our sole discretion and will not be liable to you or any third party by reason of not accepting the Order.

Retention of title/passing of property and risk

We retain the legal ownership of the Product(s) until full payment and discharge of the total purchase price.

All Orders are insured by us during their transit to you. The risk in the Product(s) will pass to you once they have been delivered to the address specified by you as delivery address.

Pricing/shipping costs/delivery times/import taxes and local customs' duties

Pricing/shipping costs/delivery times

Prices shown on the Website are in Euros and are inclusive of VAT at the applicable rate.

The delivery charge will be added to all purchases.

As we do not have all fabrics in stock, delivery times may increase. You will be informed as soon as possible.

Please note that we aim to dispatch all finished orders within 24 hours but only during weekdays. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. VivelaMoksha is not responsible for any delays caused by destination customs clearance processes.

Transport costs may change. We will inform you if this is the case.

Import taxes and local customs' duties

All Orders delivered outside the European Union (the "EU") are subject to additional charges, import fees and/or customs' duties.

Please check with your local customs office to find out which additional charges will be applied to your Order.

The Carrier takes responsibility for such charges and bills the recipient. VivelaMoksha is unable to provide an estimation of such charges.

If you refuse to pay the additional charges the shipment will automatically canceled.

Please note that from your original purchase refund we will have to deduct any charges which have been incurred due to the refund.

Payment

Payment can be made by prepayment, by bank transfer or cash if you pick up the garnments from our atelier.

Shipping

Shipping within Luxembourg

Our Products are shipped by DHL. In addition to the Terms & Conditions, the terms and conditions DHL will apply.

Delivery times

We only deliver weekdays.

Please note that we aim to dispatch all finished orders within 24 hours but only during weekdays.

DHL aims to deliver the Product(s) within 2-3 days as indicated on their webpage (www.....lu).

Estimated delivery times are to be used as a guide only and start as of the date of dispatch.

Vivela Moksha is not responsible for any delays caused in the delivery. In case the Product(s) is/are delivered outside the timeframe indicated on the Website, you acknowledge that you cannot cancel the sale, ask for a reduction of the Price nor that you can hold Vivela Moksha liable for any damages suffered by you due to this delay.

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including but not limited to transportation interruptions, issues in relation to the import or export of the Product(s), or strikes of our own or DHL’s employees.

International shipping

All our Products are shipped by ... (the “Carrier”). In addition to the Terms & Conditions, the terms and conditions of the Carrier will apply.

The Carrier does not deliver to APO/FPO addresses, as well as P.O. Boxes.

We only deliver during weekdays.

We deliver to the following countries:

Andorra; Austria; Belgium; Belarus; Bulgaria; Croatia; Cyprus; Czech Republic; Denmark; Estonia; Finland; France; Germany; Greece; Hungary; Iceland; Ireland; Italy; Jersey; Latvia; Liechtenstein; Lithuania; Luxembourg; Malta; Monaco; Netherlands; Norway; Poland; Portugal; Romania; San Marino; Slovakia; Slovenia; Spain; Sweden; Switzerland; Turkey; United Kingdom.

Additional charges, import fees and/or customs' duties apply to Orders shipped outside the EU.

Delivery times

Please note that we aim to dispatch all orders within 24 hours but only during weekdays.

The Carrier aims to deliver the Product(s) within the shortest timeframe possible as indicated on their website.

Estimated delivery times are to be used as a guide only and start as of the date of dispatch.

VivelaMoksha is not responsible for any delays caused in the delivery. In case the Product(s) is/are delivered outside the timeframe indicated on the Website, you acknowledge that you cannot cancel the sale, ask for a reduction of the Price nor that you can hold VivelaMoksha liable for any damages suffered by you due to this delay.

Delivery addresses

Vivela Moksha Product(s) may be delivered to addresses other than the billing address given by the account holder, for example as with the case of a gift being purchased and addressed to a friend. In that case, as security precaution, we will send a copy of the invoice to the account holder's registered e-mail and home address and we will request a signature upon delivery for all Product(s) delivered.

Deliveries will be made by the carrier to the address stipulated in the Order. You must ensure that someone is present to accept delivery. The carrier will request a signature upon delivery for all Product(s) delivered.

In case the carrier is unable to deliver the Product(s), he will leave a notice indicating where you can take delivery of the Product(s) or the carrier will contact you to fix a new delivery date. The carrier will keep the Product(s) according to its internal policies. If the carrier is unable to deliver the Product(s) within the timeframe provided by the carrier's internal policy, the Product(s) shall be returned to VivelaMoksha. In that case you will be reimbursed of the purchase price less expedition and reexpedition costs which have to be borne by you.

You undertake to provide us with an accurate delivery address. VivelaMoksha shall not be liable for any loss or delay in the delivery of the Product(s) if such loss or delivery is due to the provision by you of an inaccurate or incomplete delivery address. In that case, expedition and re-expedition costs have to be borne by you, lost Product(s) will not be reimbursed to the customer.

Intellectual property rights

This Website as well as any text, graphics, photographs, including all image rights, trademarks, sounds, music, video or audio on this Site (the "Content") are either the exclusive property of VivelaMoksha or VivelaMoksha has received the express authorisation to display the Content on the Website . All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website are protected by national/European and international intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by VivelaMoksha and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use. Hypertext links may be created to this Website without our prior consent to the extent the hyperlinks are made for informational purposes only.

Privacy policy

VivelaMoksha takes customer privacy very seriously and we handle all customer data with great care and confidentiality.

We collect personal information in several ways when you place an order, buy a gift card for a friend or register for a service offered by VivelaMoksha. By registering, you are consenting to the collection of your personal data. If an order is placed with us, we need to hold personal information including your name, email address, phone numbers, home address, shipping and billing address(es) so that we can process and fulfill your order.

Additionally, we may also obtain information as a result of authentication or identity checks. Sometimes we may ask for your telephone number. This number may be given to our courier for delivery services. These details allow us to process your order and to let you know the status of your order.

We will only process your name and/or email address in order to provide the service and respond to any complaints/queries or otherwise where required by law on in connection with any legal proceedings or dispute.

When you register, you will be given the option to opt-out of subscribing to our regular update service which will send you email alerts for new products, special offers and events. Such alerts may include marketing information about VivelaMoksha or selected business partners.

We do not sell or otherwise pass your details to third parties for marketing purposes. Marketing communications you subscribe to will only be sent by VivelaMoksha.

At all times, we will offer you the opportunity to unsubscribe out of any service or update to which you have subscribed, if you change your mind. Any e-mail we send you will contain an easy automated unsubscribe link so that you can opt-out of that particular mailshot. Simply follow the indications in the e-mail. Alternatively, you can change your email preferences or opt out of all emails by logging into My Account. To opt out of direct mail service or updates, please send us an e-mail at vm-atelier@pt.lu.

If for any reason you are concerned that the personal information held by us is not correct, please visit the website and, after logging into the site using the "Sign In" menu on the home page, your personal information will be made available for review and change in the "My Account" section. Only you or, upon your request, the Customer Care department, may access your personal data from the website using your password and User ID.

Governing law/jurisdiction

The present Terms & Conditions will be governed by and construed in accordance with the relevant laws of the Grand-Duchy of Luxembourg and the relevant courts of Luxembourg-City will have exclusive jurisdiction.

Returns policy

Should you not be happy with your purchase, you may return the item(s) in their original packaging provided, unused in their original condition. You can unpack them only to the extent, or use them as necessary to assess whether you want to keep the goods. Returned goods may have been fitted, but must not be used. If you send back the goods, this should be done together with the original packaging, accessories and in original condition with the tag attached.

Returns should be made within 14 days of reception, at your cost via courier or by post.

If you want to return the goods via post or courier, please send your return to the following address:

Anabela Menezes Correia

Vivela Moksha
L-3509 Düdelingen

Returns that are damaged or soiled will not be accepted and will be sent back to you.

You will remain liable for damage to the Product(s) until we receive them at the registered office at (adress). We therefore recommend that you insure the return delivery. Please retain proof of sending in case of dispute.

Within 14 days after reception of your returned order, we will refund the full purchase price via the payment method you chose when ordering. In case you choose to return via our courier service, a flat fee of 6 Euro will be deducted from the initial purchase price as explained above.

How to return?

For returns, please send us an email to vm-atelier@pt.lu within 8 days of receiving your order.

You will receive an email with the return instructions as soon as we have authorized the return, please note that returns will only be authorized if they are made in compliance with this Section.

Refunds

Once we have received the returned Product(s) in the state we have initially sent them, we will as soon as possible thereafter and at the latest within 30 days of the receipt of the returned Product(s), credit the Purchase price to the account used to purchase the Products(s) less any taxes, import duties or original delivery charges incurred.

If the refund cannot be made on the account used to purchase the Product(s), the customer shall notify us of his/he details of the account where the refund can be transferred.

Any customer can opt for a store credit instead of a refund. The store credit is valid for one year. Please notify your wish to receive a store credit at vm-atelier@pt.lu.