Terms of Use

VIVELO

Last updated: 15 November 2025

These Terms of Use (“Terms”) govern your access to and use of the websites, online stores, and related digital services (collectively, the “Application” or the “Service”) provided by VIVELO Pty Ltd (“VIVELO”, “we”, “us”, or “our”).

By accessing or using the Application, you agree to be bound by these Terms.
If you do not agree, you must not use the Application or Services.

1. Owner Information and Contact

The Application is provided by:

VIVELO Pty Ltd
Address: 102 Cumberland Drive, Flagstaff, Hamilton, Waikato 3210, New Zealand
Responsible Supplier Number: E9791
Email: support@viveloaura.com

All communications related to the use of this Application should be sent to the email address above or through the customer support channels provided on the site.

2. Key Information at a Glance

  • These Terms apply to all users of the VIVELO website and online store.

  • Some clauses may apply specifically to consumers located in certain regions (for example, EU/EEA, UK, or countries with strong consumer protection laws).

  • Rights such as withdrawal / cooling-off periods generally apply to EU/UK consumers under specific conditions.

  • If there is a conflict between these Terms and mandatory consumer protection laws in your country, the mandatory laws will prevail.

3. Scope and Acceptance of the Terms

Unless otherwise specified, these general Terms apply to:

  • Your access to and use of the Application;

  • Any order or purchase made through the Application;

  • Any other legal relationship between you and VIVELO in connection with the Services.

By using the Application, you confirm that:

  • You have read and understood these Terms;

  • You agree to be legally bound by them.

If you use the Service on behalf of a company or other legal entity, you represent that you are authorised to bind that entity, and “you” will refer to that entity.

4. Account Registration and Security

4.1 Account Registration

To use certain features (e.g., viewing order history, saving addresses), you may need to create a user account.

You agree to:

  • Provide accurate, current, and complete information;

  • Keep your information up to date;

  • Not create an account using false information or someone else’s details.

Some services or purchases may be available without account registration, but certain features may be limited.

4.2 Account Security

You are responsible for:

  • Keeping your login credentials (email, password, etc.) confidential and secure;

  • All activities carried out under your account.

If you suspect any unauthorised use, breach, or theft of your login details or personal data, you must notify us promptly at support@viveloaura.com.

4.3 Account Termination by User

You may request to delete your account and stop using the Service at any time by contacting us via the email address above.

4.4 Account Suspension or Deletion by VIVELO

We may, at our sole discretion and without prior notice, suspend or delete your account if we reasonably believe that:

  • You have violated these Terms or applicable laws;

  • You are involved in fraudulent, abusive, or harmful behaviour;

  • Your conduct negatively affects other users or VIVELO’s legitimate interests.

Account suspension or deletion does not entitle you to any compensation or damages.
If the suspension or deletion is caused by your breach, you remain responsible for any outstanding fees or amounts.

5. Content and Intellectual Property

5.1 Ownership of Content

Unless otherwise clearly stated, all content available on the Application – including but not limited to text, images, graphics, logos, icons, videos, audio, designs, and software – is owned by VIVELO or its licensors and is protected by copyright, trademark, and other intellectual property laws.

5.2 Permitted Use of Content

You may use the content only to the extent necessary for proper use of the Service and strictly for personal, non-commercial purposes, unless we expressly authorise otherwise in writing.

You must not, without prior written consent from VIVELO:

  • Copy, reproduce, distribute, publish, sell, resell, or otherwise exploit any content;

  • Modify, translate, create derivative works, or reverse engineer any part of the Application;

  • License, assign, or transfer any rights in the content to third parties.

Any statutory limitations or exceptions to copyright (such as fair use or fair dealing) remain unaffected.

6. Third-Party Services and External Resources

The Application may include links to or integrations with services, websites, or content provided by third parties (such as payment processors, analytics tools, ad platforms, social media, etc.).

You acknowledge and agree that:

  • VIVELO does not control or operate these third-party resources;

  • VIVELO is not responsible for their availability, content, terms of use, or privacy practices;

  • Your use of third-party services is governed by the third party’s own terms and policies.

7. Acceptable Use

You agree to use the Application and Services only in a lawful manner and in accordance with these Terms.

You must not:

  • Use the Service for any unlawful, fraudulent, or harmful purposes;

  • Infringe any third-party rights, including intellectual property, privacy, or personality rights;

  • Interfere with or disrupt the normal operation of the Application (e.g., hacking, introducing malware, overloading servers, scraping, automated bots beyond what is permitted);

  • Use any means to circumvent security measures or access parts of the Service you are not authorised to use.

VIVELO reserves the right to take appropriate action (including account suspension, service restriction, and contacting authorities) if we suspect or detect any misuse.

8. Products and Sale of Goods

The Application allows you to purchase VIVELO products, including but not limited to electronic diffusers, aroma filter refills, and related accessories (“Products”).

8.1 Product Information

  • Product details such as description, features, pricing, and availability are shown on the Application.

  • While we strive for accuracy, product images and colours are for illustrative purposes only and may differ slightly from the actual product due to screen settings and other factors.

  • Product information and prices may be updated or modified at any time without prior notice.

8.2 Orders and Contract Formation

  1. By placing an order via the Application (e.g., clicking “Complete order” or similar), you submit an offer to purchase the selected Products under these Terms.

  2. VIVELO may accept your offer by sending an order confirmation (e.g., via email) or by dispatching the Products.

  3. If your payment is not authorised, or if the product is unavailable, restricted, or cannot be shipped to your location, VIVELO may decline or cancel the order. Where payment has already been made, we will process a refund as applicable.

8.3 Pricing, Taxes, and Shipping Costs

  • All prices are displayed in the currency indicated on the Application.

  • Depending on your location, VAT, sales tax, customs duties, import taxes, or other charges may apply. These may be shown at checkout where possible, but additional charges at import/customs are sometimes out of our control.

  • Shipping costs and available delivery options are shown during the checkout process.

8.4 Payment

Information on accepted payment methods (such as credit/debit card, PayPal, or other gateways) is provided at checkout.

  • Some payment methods may be subject to additional conditions or fees imposed by third-party providers.

  • Payments are typically processed by third-party payment processors. VIVELO does not store full card numbers or sensitive payment details on its own servers.

  • If your payment fails or is rejected by the payment provider, we are under no obligation to fulfil your order. Any resulting fees or currency conversion losses are your responsibility.

8.5 Retention of Title

Ownership of the Products passes to you only after VIVELO has received full payment of the purchase price and any applicable charges.

9. Delivery and Failed Delivery

9.1 Delivery

  • Products are delivered to the address you specify during checkout.

  • We deliver to the countries or territories indicated on the Application or at checkout.

  • Estimated delivery times are provided for convenience only and are not guaranteed, as they may depend on carriers, customs, and other external factors.

When receiving the Products, you should:

  • Check the packaging and items for visible damage;

  • Refuse the parcel if it appears seriously damaged, or document the damage and contact us promptly.

9.2 Failed or Refused Delivery

VIVELO is not responsible for delivery issues caused by:

  • Incorrect, incomplete, or misleading address details provided by you;

  • Unavailability of the recipient;

  • Refusal to accept goods without valid reason;

  • Customs refusal or local regulatory issues outside our control.

If the Products are returned to us due to failed delivery, we may:

  • Contact you to arrange re-delivery, or

  • Cancel the order and refund the product price, minus shipping and any additional incurred costs, where permitted by applicable law.

Unless otherwise agreed, you may bear the cost of any re-delivery after a failed delivery attempt.

10. Right of Withdrawal / Returns and Refunds

Important:
Withdrawal rights and return policies differ by country.
The following section describes general principles, especially for EU/UK consumers, and does not override mandatory consumer protection laws in your country.

10.1 EU/UK Consumers – Right of Withdrawal

If you are a consumer residing in the EU/EEA or UK, and applicable law grants you a withdrawal or cooling-off right for distance contracts, you may:

  • Withdraw from the contract within 14 days from the day you (or a person designated by you, other than the carrier) physically receive the Products,

  • Without having to give any reason, unless an exception applies (for example, for certain sealed hygiene or cosmetic products that have been unsealed, or other exceptions under local law).

To exercise this right, you must send VIVELO a clear statement of your decision to withdraw (e.g., by email). You may use a model withdrawal form if provided, but it is not mandatory.

10.2 Effects of Withdrawal

If you validly exercise your withdrawal right:

  • We will refund the amounts you paid for the Products, including standard delivery costs, without undue delay and in any event within 14 days from the day we are informed of your decision to withdraw.

  • If you chose a delivery method that is more expensive than our standard delivery, the additional cost may not be refunded.

  • Unless otherwise agreed, refunds will be made using the same payment method you used for the original transaction.

10.3 Returning the Products

Unless we have agreed to collect the Products:

  • You must send back the Products without undue delay and no later than 14 days from the day you communicate your withdrawal.

  • You bear the direct cost of returning the Products, unless local law or our specific policy provides otherwise.

  • You are responsible for any diminished value of the Products resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.

10.4 Country-Specific Rights

Consumers in other countries (e.g., Australia, New Zealand, Korea, USA, etc.) may have additional or different rights regarding:

  • Faulty or misdescribed goods;

  • Change-of-mind returns;

  • Refunds and repairs.

These rights may arise from local consumer laws and cannot be excluded where they are mandatory.
In case of conflict, your local mandatory consumer protection laws will prevail.

11. Legal Guarantee and Product Defects

Where required by applicable law, VIVELO provides a legal guarantee of conformity for Products, covering defects that appear within the period prescribed by local law after delivery.

This means that, subject to local rules:

  • Products must be as described, of satisfactory quality, and fit for their normal purpose;

  • In case of defects, you may be entitled to remedies such as repair, replacement, price reduction, or refund.

If you believe your Product is defective or non-conforming, please contact us promptly with your order details and a description (and, if possible, photos or videos) of the issue.

12. Disclaimer of Warranties

To the fullest extent permitted by applicable law:

  • The Application and Services are provided “as is” and “as available”, without any express or implied warranties;

  • We do not warrant that the Service will be uninterrupted, secure, error-free, or free of viruses or other harmful components;

  • We do not guarantee that the information or content on the Application is fully accurate, complete, or up to date at all times.

Any use of the Service is at your own risk.
You are solely responsible for:

  • Protecting your devices and data;

  • Using up-to-date antivirus and security software;

  • Ensuring that the Service is compatible with your device and system.

Some jurisdictions do not allow the exclusion of certain warranties; in such cases, the above exclusions apply only to the extent permitted by the laws of your jurisdiction.

13. Limitation of Liability

To the fullest extent permitted by applicable law, VIVELO and its directors, officers, employees, agents, partners, and affiliates shall not be liable for:

  • Any indirect, incidental, consequential, special, punitive, or exemplary damages;

  • Loss of profits, revenue, data, goodwill, or business opportunities;

  • Any damage arising from hacking, tampering, or other unauthorised access to the Service or your account;

  • Errors, omissions, interruptions, delays, or failures in performance of the Service;

  • Bugs, viruses, or malware transmitted via the Service;

  • Any content posted, sent, or otherwise made available by third parties.

In any event, and where permitted by law, our total aggregate liability to you for all claims relating to the Service shall not exceed the amount you have paid to VIVELO in the 12 months immediately preceding the event giving rise to the claim.

In some jurisdictions, limitations of liability for certain types of damages are not allowed. In such cases, the above limitations shall apply only to the extent allowed by the applicable law.

14. Indemnity

You agree to indemnify and hold harmless VIVELO, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your use or misuse of the Application or Services;

  • Your breach of these Terms;

  • Your violation of any third-party rights, including intellectual property or privacy rights;

  • Any content or data transmitted from your account, even if not sent by you personally, unless you prove it was beyond your control.

15. Service Changes, Interruptions, and Termination

VIVELO reserves the right to:

  • Modify, update, or discontinue the Application or any part of the Service, temporarily or permanently;

  • Perform maintenance, upgrades, and other technical operations that may lead to temporary interruptions.

Where reasonably possible, we will give users notice of significant changes or interruptions.
However, we are not liable for any consequences arising from such changes where permitted by law.

If we decide to discontinue the Service permanently, we will, where required by law:

  • Notify you in advance;

  • Provide information on any remaining rights (e.g., outstanding orders, warranties, or data export options).

16. Privacy and Data Protection

The collection and processing of personal data in connection with the Application are governed by our Privacy Policy, which is available on the website.

By using the Service, you acknowledge that your personal data will be processed in accordance with our Privacy Policy.

17. Changes to These Terms

We may amend these Terms from time to time, for example to reflect:

  • Changes in our Services;

  • Changes in applicable laws or regulations;

  • Changes in our business operations.

When we make material changes, we will notify you by appropriate means (e.g., via the Application, by email, or via a notice on our website).

If you continue to use the Service after the updated Terms become effective, you will be deemed to have accepted the changes.
If you do not agree to the updated Terms, you must stop using the Service and may request account deletion.

18. Assignment

VIVELO may assign or transfer any of its rights and obligations under these Terms:

  • To another company within the same corporate group; or

  • To a third party in connection with a merger, acquisition, or sale of assets,

provided such assignment does not reduce your legal rights under applicable consumer law.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of laws principles.

However, if you are a consumer residing in a country where local mandatory consumer protection laws provide you with stronger protections, those laws will prevail over any conflicting part of these Terms.

Any disputes arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of New Zealand,
except that consumers may be entitled to bring claims in the courts of their country of residence if required by mandatory law.

20. Dispute Resolution

20.1 Amicable Resolution

If you have any concerns or complaints, we encourage you to contact us first at:

📧 support@viveloaura.com

Please include:

  • Your name and contact details;

  • Order number (if applicable);

  • A clear description of the issue.

We will make reasonable efforts to respond and attempt to resolve your complaint within a reasonable period (for example, within 21 days).

20.2 Online Dispute Resolution for EU Consumers

If you are an EU consumer, you may also use the European Commission’s Online Dispute Resolution (ODR) platform for resolving disputes related to online purchases, where available under EU law.

21. Definitions

In these Terms:

  • “Application” / “Service” means the VIVELO website, online store, and any related digital services.

  • “Owner”, “we”, “us”, “our” means VIVELO Pty Ltd and its affiliates.

  • “User”, “you” means any natural or legal person who accesses or uses the Application.

  • “Consumer” means a natural person acting for purposes that are wholly or mainly outside their trade, business, craft, or profession.

  • “Products” means any goods or services offered for sale by VIVELO through the Application.

  • “Account” means a registered user profile enabling access to certain features of the Service.