Vivre Terms and Conditions

1. Definitions

Vivre Homes – The company VIVRE HOMES S.R.L., headquartered in Romania, Bucharest, Bld. Tudor Vladimirescu, no. 22, office 1, 11th floor, Sector 5, Postal Code 050883, J2021015306408, CUI RO44853220, organized under Romanian law, as the operator of the Vivre online platform and provider of information society services.
SITE – The vivre.eu domain and its subdomains.
CONTENT has the following definition:

• all information on the SITE that can be visited, viewed, or otherwise accessed through the use of digital equipment;
• the content of any e-mail sent to USERS or CUSTOMERS by Vivre Homes through electronic means and/or any other available means of communication;
• any information communicated by any means by an employee or collaborator of Vivre Homes to the USER or CUSTOMER, according to the contact information specified or not by them;
• information related to the products, services, and/or rates practiced by Sellers (Marketplace Partners) in a certain period;
• information related to the products, services, and/or rates practiced by a third party with whom Vivre Homes has concluded partnership contracts, in a certain period;
• data regarding Vivre Homes or other privileged data thereof.

SERVICE – The e-commerce service conducted exclusively on the publicly available portions of the SITE, in the sense of granting the CUSTOMER the possibility to contract products and/or services using exclusively electronic means, including mediation services specific to the marketplace platform, as well as other digital services provided by Vivre Homes.
MEMBER – The natural person who has or obtains access to CONTENT, through any means of communication (electronic, telephone, etc.) or based on a usage agreement between Vivre Homes and them, which requires the creation and use of an ACCOUNT.
CUSTOMER – The person who has or obtains access to CONTENT and SERVICE, following the creation of a MEMBER ACCOUNT or through the use of options available on the Site.
SELLER / MARKETPLACE PARTNER – The legal entity or authorized natural person who sells products through the Vivre platform, based on a contract concluded with Vivre Homes, and who is a party to the Sale-Purchase Contract concluded with the Customer.
ORDER – An electronic document that serves as a form of communication between the Seller and the Buyer through which the Buyer transmits to the Seller, via the Site, their intention to purchase Goods and Services from the Site.
DOCUMENT – These Terms and Conditions.
COMMERCIAL COMMUNICATIONS – Any type of message sent (such as: e-mail / SMS / Viber / telephone / mobile push / webpush, etc.) containing general and thematic information, information regarding similar or complementary products to those you have purchased/viewed, information regarding offers or promotions, information regarding Goods and Services added to the "Account/My Cart" section, as well as other commercial communications, such as market research and/or opinion polls.
DISTANCE CONTRACT – According to the definition contained in GEO 34 of June 4, 2014, on consumer rights in contracts concluded with professionals, as well as for the modification and completion of some normative acts art. 2 point 7, as it transposed Directive 2011/83/EU on consumer rights: any contract concluded between the professional and the consumer within an organized distance sales or service provision system, without the simultaneous physical presence of the professional and the consumer, with the exclusive use of one or more means of distance communication, up to and including the moment the contract is concluded.
SERVICE USE CONTRACT – The distance contract concluded between the Customer or User and Vivre Homes, having as its object access to the Site, the creation and use of the Account, as well as the use of the services and functionalities offered by the Platform.
SALE-PURCHASE CONTRACT – The distance contract concluded between the Customer and the Seller, through the Platform, having as its object the sale of products, the transfer of ownership, delivery, invoicing, legal warranty, and returns, according to applicable legislation.
PERSONAL DATA – Any information regarding an identified or identifiable natural person ("data subject").
PERSONAL DATA CONTROLLER – The natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
CONSENT – Any freely given, specific, informed, and unambiguous indication of the data subject`s wishes.
PROCESSING – Any operation or set of operations performed on personal data.
NEWSLETTER / ALERT – The periodic information tool, exclusively electronic, regarding products, services, and/or promotions carried out by Vivre Homes in a certain period.
TRANSACTION – Collection or refund of an amount resulting from the sale of a product by a Seller to the Customer or from the provision of services by Vivre Homes, through the use of the agreed payment processor services or by bank transfer.

2. General

2.1. The document establishes the terms and conditions for the use of the Site, Content, and Service by the Member or Customer, constituting the Service Use Contract concluded between them and Vivre Homes. Regarding the purchase of products, this Document supplements the Sale-Purchase Contract concluded directly between the Customer and the Seller. Please read this document carefully to prevent any unwanted or unpleasant consequences.
2.2. The provision of Platform services will begin immediately after fulfilling all required registration formalities. By opting for registration, the Member or Customer undertakes to provide the correct name, address, and other necessary information. To correct or update these, access the "Personal data" menu within the "My Account" application. By accessing the account and using the personal password, you are responsible for all actions resulting from its use.
2.3. Use, including accessing, visiting, and viewing the Content or Service, implies acceptance of these Terms and Conditions. In case of misunderstandings, the terms valid at the time of placing the Order shall apply.
2.4. Access to the Service is done exclusively by accessing the publicly available site www.vivre.eu.
2.5. By using the Site, the Member or Customer is solely responsible for all activities resulting from its use and for any damage caused to the Site, Content, Service, or third parties, according to the Romanian legislation in force.
2.6. If the User or Customer does not agree with this Document, they can send a request to contact@vivre.eu.
2.6.1. The User or Customer may withdraw their expressed consent at any time, giving up the use of the Service, by sending a request to dpo@vivre.eu.
2.6.2. The User or Customer can unsubscribe from commercial communications through the unsubscribe option or by written request to dpo@vivre.eu.
2.6.3. The User or Customer has the right to request the deletion of processed personal data, according to applicable legislation.
2.6.4. The User or Customer can reconsider their decision, expressing their acceptance for the Document available at that time.
2.7. If the Customer revokes their agreement during an ongoing Order, Vivre Homes will cancel the use of the Service without further obligations.
2.8. The Site is intended exclusively for natural persons who have reached the age of 18.

3. Content

3.1. The Vivre platform does not own property rights over the content of pages posted in the space provided to users or Sellers, does not investigate the content of materials at the time of their publication, but reserves the right (but not the obligation) for itself and for any person designated by Vivre, to refuse or delete, as it sees fit, any content available through the platform.
3.2. Vivre and any other person designated in this regard have the right to delete (remove) any content that violates the terms and conditions of use or is otherwise incompatible with the principles of this platform. Therefore, you agree to evaluate and bear all risks associated with the use of any content, including that related to the accuracy, completeness, or usefulness of such content.
3.3. As a user, you are solely responsible for your own actions and the consequences they may have, following the publication of materials you upload or make publicly available on the Vivre platform, and you acknowledge that the published materials can be accessed and processed by third parties, as the Vivre platform does not hold a control function in this regard.
3.4. You undertake not to do the following:

• publish copyrighted material if you are not the author or do not have the author`s permission to publish that material;
• publish obscene, defamatory, threatening, discriminatory, or malicious materials toward another user, natural or legal person, or any other third party;
• publish personal data (including but not limited to images, video recordings, texts) without the express consent of the data subjects, or in the case of minors, without the express consent of their parents or legal representatives;
• post, broadcast, or transmit pornographic, erotic, or sexually explicit material (images, texts) of any kind and in any form, which promotes acts of pedophilia, incest, or bestiality, or which promotes hatred toward certain groups of people for reasons related to race, ethnic origin, religion, disability, gender, age, veteran status, identity, or sexual orientation. It is forbidden to create personal profiles and publish materials related to video chat, escort services, erotic massage, or others of this kind;
• publish materials containing viruses, worms, or other programs with the intent to destroy any system or information;
• upload, post, broadcast, or otherwise transmit any content for which you do not have the legal right to transmit or broadcast, under any legal system, Romanian or foreign, based on contractual or fiduciary relationships (such as confidential information or information under confidentiality agreements);
• upload, post, broadcast, or otherwise transmit any type of advertising, promotional materials, "junk mail," "spam," chain letters, pyramid schemes, or any other form of solicitation;
• promote or provide information about how to conduct illegal activities, promote physical or verbal harm against any group or person, or promote acts of cruelty toward animals;
• publish materials for competitive purposes against the platform or use materials obtained through the platform for competitive purposes;
• post, broadcast, or transmit any other material that violates, in any way, the legal norms in force.

3.5. Vivre reserves the unilateral right to edit, modify, or remove in whole or in part any material that falls under the above. In case of violation of the mentioned provisions, Vivre reserves the right to remove the respective materials from the platform, as well as restrict or remove content and/or suspend the account, including without prior notice when necessary to prevent damage or comply with legal obligations; to the extent of applicability, the user will be subsequently informed of the reasons and the options for contestation.
3.6. Vivre does not guarantee the credibility or accuracy of information published by users or Sellers and does not endorse any opinion expressed by them.
3.7. The Vivre platform acts as a passive factor in the online distribution and publication of information provided by users and Sellers and has no obligation to pre-verify published material. Consequently, Vivre is not responsible for the information and data posted, broadcast, or transmitted by them. If a non-compliant content is signaled, Vivre may investigate the situation and decide on the removal of that content.
3.8. Vivre may take measures regarding the user or the materials published by them. By entering material into any public or private segment on the platform, you grant Vivre a non-exclusive, irrevocable, and free right to use, reproduce, modify, adapt, publish, translate, distribute, or publicly communicate the content for the purpose of operating and promoting the platform.
3.9. You also allow any person who is a subscriber or has legal access to the platform to access, view, store, or reproduce such materials for personal purposes. Subject to the above, the author of the material retains the rights derived from the law.
3.10. The content, as defined in this document, including but not limited to logos, stylized representations, commercial symbols, static or dynamic images, texts, and multimedia content presented on the Site, which belong to Vivre Homes, is its exclusive property, all rights being reserved.
3.11. The Member or Customer is not permitted to copy, distribute, publish, transfer to third parties, modify, or use Content belonging to Vivre Homes for purposes other than those expressly provided by this Document, without the prior consent of Vivre Homes.
3.12. Any content to which the Member or Customer has or obtains access is subject to this Document, in the absence of a specific and validly concluded usage agreement between Vivre Homes and them, without any express or implied warranty from Vivre Homes regarding that content.
3.13. The Member or Customer may copy, transfer, or use the Content only for personal or non-commercial purposes, provided these do not violate the provisions of this Document.
3.14. If Vivre Homes grants the right to use specific content through a distinct agreement, this right extends only to the content defined in the agreement, for the period and under the conditions provided therein.
3.15. No content transmitted to the Member or Customer, through any means of communication, constitutes a contractual obligation on the part of Vivre Homes or its employees or collaborators.
3.16. Any use of the Content for purposes other than those expressly permitted by this Document or by the accompanying usage agreement, if any, is prohibited.

3A. Digital Services Act (DSA) – Illegal Content, Reporting, and Moderation

3A.1. Single point of contact (DSA) For communications regarding the application of Regulation (EU) 2022/2065 ("Digital Services Act"), including reporting illegal content or requests from competent authorities, Vivre Homes can be contacted at the address: contact@vivre.eu (subject: "DSA").
3A.2. Reporting illegal content Any person may notify the existence on the SITE of allegedly illegal content (e.g., violation of copyright, trademarks, defamatory content, or content prohibited by law). For efficient processing, the notification must include, as much as possible:

• a) the reasons why the content is considered illegal;
• b) the exact location of the content (URL/link, screenshot);
• c) the name and e-mail address of the person notifying;
• d) a statement of good faith regarding the accuracy of the information provided.

3A.3. Analysis of notifications Vivre Homes will confirm receipt of the notification, when possible, and analyze the situation within a reasonable timeframe.
3A.4. Measures Following the analysis, Vivre Homes may order the removal or restriction of access to the content, suspension of the account, or other measures permitted by law.
3A.5. Informing the user To the extent of applicability, the targeted user will be informed of the decision taken and the main reasons behind it, as well as the possibility of contestation.
3A.6. Contesting decisions Users may file contests at contact@vivre.eu (subject: "DSA Contest"), indicating the relevant elements.

4. Contact for Customers and Members

4.1. Vivre Homes publishes complete and correct identification and contact information for the Customer or Member on the site.
4.2. By using the contact form or the service present on the site, the Member or Customer declares and accepts to be contacted through any available means, including electronic means, by the company Vivre Homes (without, however, there being an obligation from the company in this regard), understanding that by filling in the information regarding their contact details, such as name, surname, e-mail address, telephone no., etc., these data are to be processed and highlighted in the database for the purpose of improving commercial relations, specifically for the proper conduct of the company`s economic and commercial activity. For details and additional information related to the processing and administration of your personal data, please also view the chapter/article named Privacy Policy.
4.3. Partial or full completion of the contact form and sending it does not represent in any way an engagement by Vivre Homes to contact the Member or Customer.
4.4. Accessing the Site, using the information presented therein, visiting pages, or sending e-mails or notifications addressed to Vivre Homes is done electronically, by telephone, or any other means of communication available to the Member or Customer and Vivre Homes, thus considering that they consent to receive notifications from Vivre Homes electronically and/or by telephone, including communications via e-mail, short messages (SMS), or through announcements on the site.
4.5. The Customer expressly declares that the contact details provided belong to them (e-mail address, telephone number, delivery address) and that they may be used by Vivre Homes in its communications with the Customer.

5. Newsletters and Alerts

5.1. At the moment the Member or Customer creates an Account on the Site, accepting the Document (Terms and Conditions), they have the right to express their agreement or not regarding the receipt of newsletters and/or alerts from Vivre Homes through electronic and/or telephone means, including communications via e-mail, short messages (SMS), or through announcements on the site.
5.2. Data taken from the Member for the purpose of sending newsletters and/or alerts can and will be used by Vivre Homes within the limits of the Privacy Policy.
5.3. Opting out of receiving newsletters and/or alerts by the Member or Customer can be done at any time:
5.3.1. Using the specifically intended link within any received newsletters and/or alerts (at the bottom of the e-mail in the "Click here to unsubscribe" section), where this option is technically possible;
5.3.2. By modifying their acceptance to receive newsletters and/or alerts using pages from restricted areas, within the Member`s individual Account on www.vivre.eu;
5.3.3. By contacting Vivre Homes at the details above as specified in art. 2.6 and without any further obligation of either party to the other or without either party being able to claim damages from the other.
5.4. Withdrawing consent regarding the receipt of newsletters and/or alerts does not imply giving up the acceptance given for this document and produces effects only for the future after communicating the intention to withdraw.
5.5. Vivre Homes reserves both the right to select the persons to whom it will send newsletters and/or alerts, as well as the right to remove from its database any Member or Customer who previously expressed their consent to receive newsletters and/or alerts, without any further engagement from Vivre Homes or any prior notice to them.
5.6. Vivre Homes will not include in newsletters and/or alerts sent to the Member or Customer any other kind of advertising material in the form of content referring to any third party that is not a commercial partner of Vivre Homes at the time of sending the newsletters and/or alerts.

6. Privacy Policy

We make every effort to ensure that we protect and respect the privacy of your personal data by implementing the necessary measures provided by the norms and regulations in force regarding data protection, including General Regulation (EU) 2016/679 on data protection ("GDPR"). This chapter aims to inform you about the personal data we collect from you or that you communicate to us through this website, as well as how we will process this data.
6.1. According to the norms and regulations in force regarding data protection ("GDPR") - personal data are defined as any information regarding an identified or identifiable natural person. In principle, it represents personal data, which Vivre Company also considers: name and surname of the natural person, domicile, e-mail address, CNP, telephone number, customer codes/account attribute, AWB identification code for delivery of the ordered product, etc.
6.1.1. Your personal data that Vivre Homes collects and processes are: person`s name and surname, domicile (postal address for delivery), e-mail address, telephone number, customer identification codes/online identifier, billing data (in case of completing an order), voice, banking information (in case of a return/refund), social media account. Within the AI-assisted furnishing functionalities, users can upload images of their own home to generate personalized visual proposals. To the extent that images allow direct or indirect identification of a person, they may constitute personal data within the meaning of Regulation (EU) 2016/679 (GDPR). Processing of images is carried out exclusively for the purpose of providing the requested service and improving platform functionalities, based on the consent expressed by the user through active use of the service. Images are not used for training AI models and are not exploited for other commercial purposes. Vivre reserves the right to use images generated through the platform, as well as initial versions uploaded by the user, for presentation, promotion, and exemplification of available functionalities, including by publishing them in inspirational sections of the platform or in communication materials. Publication of designs will be done without displaying personal data that could lead to direct identification of the user. Where an author is indicated, they will be represented exclusively by the alias associated with the account, which can be modified by the user at any time, including for the purpose of protecting their identity. The user has the right to hide the furnishing layouts created from their own account, request their deletion, or withdraw their consent at any time, without affecting the legality of processing carried out prior to withdrawal. We do not collect or otherwise process sensitive data, as defined in the General Data Protection Regulation (GDPR) in special categories of personal data. Also, we do not wish to collect or process data of minors who have not reached the age of 18.
6.1.2. Therefore, according to "GDPR," the personal data controller ("Controller") is VIVRE HOMES S.R.L., a Romanian company with legal personality, with headquarters in Romania, Bucharest, Bld. Tudor Vladimirescu, no. 22, office 1, 11th floor, Postal Code 050883, having Trade Register no. J2021015306408 and CUI RO44853220, having the obligation according to national norms and EU Regulation 679/2016 (GDPR) to manage your personal data safely and only for the specified purposes. These data were collected/processed/etc. in the commercial relationship carried out in the past and/or currently ongoing and for which you validly expressed your consent according to the legislation in force at the time of taking and collecting personal data!
6.1.3. The Company informs that the list in art. 6.1 et seq. is merely exemplary and that in relation to the service hired by the client, the undersigned collects only those minimum personal data necessary to fulfill the purposes/activities carried out by Vivre.
6.2. In the process of operating this website, Vivre Homes collects certain information ("personal data") regarding identified or identifiable natural persons, data provided by the users of this website through voluntary expression of consent, directly (e.g., name, surname, postal address, e-mail address, telephone number) or indirectly (e.g., IP address, use of UUIDS - unique identifiers provided by social logins).
6.3. The purposes of processing personal data provided by a "Member" or a "Vivre Customer," considered and pursued by Vivre Homes, are the following:

• order and return processing;
• maintaining the relationship with contractual partners for accounting purposes;
• optimizing marketing activity;
• resolving requests regarding the fulfillment of an order;
• marketing communications;
• account administration within the Vivre platform;
• statistical purposes;
• feedback provided on the services offered by Vivre Homes;
• feedback provided on products/collections offered by Vivre Homes, by expressing the options of customers/members regarding certain collections of goods, options that can be published on the company`s online store, ensuring superior promotion of those goods;
• providing AI-assisted furnishing functionalities, including processing images uploaded by users for the purpose of generating visual interior design proposals.

6.4. Vivre Company collects, processes, and manages your personal data in accordance with "GDPR" norms and regulations for the following periods of time: (i) in accordance with the provisions of the civil code regarding the legal institution of prescription, as well as the contractual conditions assumed by accepting the terms and conditions, collected personal data are archived/stored by the Company for a period of 3 years from the termination of the contract (for the situation of deliveries and non-intervention of return requests); (ii) collected personal data are archived/stored by the Company for a period of 3 years from the date of the last return related to the account. It is also good to know that we can process personal data to inform you about products and services, promotional offers, or for subscription to the newsletter. As a general rule, these personal data will be processed for direct marketing purposes only with your consent and through the communication channels (email, sms, etc.) that you indicated at the time of providing consent. Under these conditions, it is important to know that we will use your consent expressed for marketing purposes until its withdrawal, with the possibility of withdrawing this type of consent at any time. The Vivre Customer, by transmitting personal data, declares and accepts unconditionally that their personal data become part of, are archived in the owner`s database, thus expressing an express and unequivocal agreement that their personal data be stored, used, and processed according to the purposes specified in point 6.3.
6.5. Vivre Company informs you that processing represents: any operation/set of operations on these data (with or without the use of automated means), namely collection, recording, organization, structuring, storage, adaptation, modification, extraction, consultation, use, dissemination, making available, alignment, combination, restriction, erasure, destruction, etc. (these operations are indicated by way of example in the Regulation, the notion of processing representing any kind of operation related to personal data).
6.6. Territorially, the provisions of the regulation apply to processing carried out by a controller or processor based in the E.U., processing of personal data of persons in the EU carried out by a controller or processor not established in the EU if: goods or services are offered to persons in the EU or the behavior of persons in the EU is monitored. Vivre Company is a personal data controller according to the norms and regulations in force, including GDPR.
6.7. The Company informs that depending on the activity/service chosen by the client, namely the purpose of collecting personal data, Vivre may transmit your data to group companies, third parties, or authorities, to fulfill purposes based on the grounds of processing activities. According to the "GDPR" Regulation, we inform you that we may transmit or provide access to certain personal data concerning you to the following categories of recipients:

• group companies for order management;
• commercial partners for providing the ordered products/services;
• courier service providers;
• payment/banking service providers;
• accounting service providers, for keeping accounting records through an external processor;
• other companies with which we can develop joint programs for offering our goods and services on the market;
• public authorities.

We assure you that we will use all diligence that the processor and/or the contracting third party offers sufficient guarantees to implement appropriate technical and organizational measures, so that procedures meet the requirements of legal norms and regulations, including GDPR, and ensure protection of the rights of the data subject (Vivre client/member natural person).
6.8. The basis for which we process these personal data and manage these collected data can be, in relation to the purpose of processing the data, your consent, granted on the occasion of creating the online account and validating it, by requesting to have become a client/member in the Vivre community. At the same time, the basis is also a legal and/or contractual one, based on the contract/commercial relationship that arose between you, the client, and the Vivre company/companies, by placing the order and making payments for the ordered products, by making returns of non-compliant and/or refused products, etc., but also a legitimate basis necessary and indispensable for the conduct of commercial and economic activities of the Vivre company also provided by the Regulation. We will process your personal data to improve and take protective measures, whenever necessary, for protection regarding the use of the website and users of the Vivre platform against cyber attacks, measures to prevent and detect fraud attempts, including transmission of information to competent public authorities, measures to manage various other risks.
6.9. We also want you to be fully informed and we understand to present the Principles established by EU Regulation 679/2016 and User Rights regarding personal data.
6.10. The European regulation in the field of personal data protection regulates a number of 6 principles to be respected by the controller (Vivre company) when processing personal data:

• Principle of lawfulness, fairness, and transparency. According to this principle, the company must ensure (1) that data processing must be carried out only respecting legal provisions, any other processing will be considered unlawful, (2) that it processes data only in ways the person concerned would reasonably expect, and (3) that processing must be transparent, meaning the controller communicates clearly and openly to subjects how it intends to use personal data.
• Principle of purpose limitation for which data are collected. Our company respects this principle by undertaking to collect/process personal data only for the determined purpose communicated to the person.
• Principle of data minimization. Our company respects this principle by collecting/processing only those data minimally necessary for carrying out operations, adopting rules by which to ensure it will not collect unnecessary data in relation to the commercial operation.
• Principle of accuracy, current data. Our company will collect/process from its clients only accurate and current data.
• Principle of storage limitation for a period necessary to fulfill purposes for which they are processed. Our company respects the principle regulated by the European regulation, archiving/storing your data only for the period of time necessary to fulfill purposes.
• Principle of integrity and confidentiality. Our company has implemented all security measures and has laid down rules at the level of its own departments meant to ensure security against unauthorized and unlawful processing and against accidental data loss, destruction, or damage.

6.11. The European regulation established that natural persons (Vivre clients/members) benefit from 8 (eight) rights, as follows:

• a) Right to be informed;
• b) Right of access;
• c) Right to rectification;
• d) Right to erasure;
• e) Right to restriction of processing;
• f) Right to data portability;
• g) Right to object;
• h) Right not to be subject to a decision based solely on automated processing.

It is good to know that you have the possibility to contact the Data Protection Officer at Vivre at the email address: dpo@Vivre.eu. Also, we inform you that you have the right to lodge a complaint with the supervisory authority regarding the processing of your personal data. To exercise the rights provided above, as a client of the Vivre company, you have the right to address a written, dated request sent to the address dpo@Vivre.eu.

7. Cookie Usage Policy on www.vivre.eu

A cookie is a small file, a special text, often encoded, sent by a server to a web browser and then sent back (unmodified) by the browser each time it accesses that server. The cookie is installed through a request issued by a web-server to a browser (e.g.: Internet Explorer, Chrome, Mozilla) and is completely "passive" (it does not contain software programs, viruses, or spyware and cannot access information on the user`s hard drive). Cookies are used for authentication as well as for tracking user behavior; typical applications are remembering user preferences and implementing the "shopping cart" system. These files make it possible to recognize the user`s terminal and present content in a relevant way, adapted to user preferences. Cookies ensure users a pleasant browsing experience and support Vivre Homes` efforts to provide comfortable services to users, e.g.: – online privacy preferences and shopping cart history. They are also used in preparing aggregated anonymous statistics that help understand how a user benefits from www.vivre.eu, allowing improvement of structure and content, but excluding personal identification of the user.
Vivre Homes uses two types of cookies: per session and fixed (temporary files that remain in the user`s terminal until the session ends or the application/web browser is closed). Fixed files remain on the user`s terminal for a period within the cookie`s parameters or until they are manually deleted by the user. Cookies used by the partners of a web page operator, including without limitation users of the web page, are subject to the respective Privacy Policy. A visit to www.vivre.eu can place: Site performance cookies, Visitor analysis cookies, Geotargeting cookies, Registration cookies, Advertising cookies, or Advertising provider cookies. Personal data collected through the use of cookies can be collected only to facilitate certain functionalities for the user and are encrypted in a way that makes it impossible for unauthorized persons to access them.
In general, an application used for accessing web pages allows saving cookies on the terminal by default. These settings can be changed so that the automated management of cookies is blocked by the web browser or the user is informed each time cookies are sent to their terminal. Detailed information about the possibilities and ways of managing cookies can be found in the application`s settings area (web browser). Limiting the use of cookies may affect certain functionalities of www.vivre.eu. Cookies represent the central point of efficient internet functioning, helping to generate a friendly browsing experience adapted to the preferences and interests of each user. Refusing or disabling cookies can make some sites impossible to use. Due to their flexibility and the fact that most of the most visited and largest sites use cookies, they are almost inevitable; disabling cookies will not allow user access to the most widespread and used sites, including Youtube, Gmail, Yahoo, and others. Examples of important uses of cookies:

• Content and services adapted to user preferences – categories of products and services. Access adapted to users` interests – remembering passwords.
• Retaining child protection filters regarding Internet content (family mode options, safe search functions).
• Measurement, optimization, and analytics features – such as confirming a certain level of traffic on a website, what type of content is viewed, and how a user reaches a website (e.g., through search engines, directly, from other websites, etc.). Websites carry out these analyses of their use to improve sites for the benefit of users.
• Security and privacy-related issues - Cookies are NOT viruses and use plain text formats; they are not made up of pieces of code so they cannot be executed nor can they auto-run. Consequently, they cannot duplicate or replicate on other networks to run or replicate again. Because they cannot perform these functions, they cannot be considered viruses.

Since cookies can be used for negative purposes because they store information about users` preferences and browsing history, both on a particular site and on several other sites, being used as a form of Spyware (espionage regarding consumer activity), many anti-spyware products constantly mark cookies to be deleted in anti-virus/anti-spyware deletion/scanning procedures. In general, browsers have integrated privacy settings that provide different levels of cookie acceptance, validity period, and automatic deletion after the user has visited a certain site. Because identity protection is very valuable and represents the right of every internet user, it is advisable to know what potential problems cookies can create. Because information is constantly transmitted in both directions between the browser and the website through them, if an attacker or unauthorized person intervenes in the data transmission path, the information contained in the cookie can be intercepted. Although very rare, this can happen if the browser connects to the server using an unencrypted network (e.g.: an unsecured WiFi network). Other cookie-based attacks involve wrong settings of cookies on servers. It is very important that the User chooses the most appropriate method of protecting personal information and:

• Personalize browser settings regarding cookies to reflect a comfortable level of cookie usage security for them.
• Set long expiration dates for storing browsing history and personal access data.
• Consider setting the browser to delete individual browsing data each time you close the browser. This is a variant to access sites that place cookies and delete any visit information at the end of the browsing session.
• Install and constantly update anti-spyware applications. Many spyware detection and prevention applications include detection of attacks on sites. Thus, they prevent the browser from accessing websites that could exploit browser vulnerabilities or download dangerous software.
• It is recommended to constantly update browser programs, because many cookie-based attacks are carried out by exploiting weaknesses in old versions of browsers.

All modern browsers offer the possibility to change cookie settings. These settings are usually found in "options" or in the browser`s "preferences" menu.

8. Card Payment

8.1. If the Customer opts for online card payment of the value of orders, contract and/or contracts, authorization and submission for Settlement of card acceptance transactions is done exclusively through the integrated Stripe solution; Stripe is Vivre Homes` provider of e-commerce facilitation software solution, namely payment services, payment administration, and fraud protection.
8.2. All types of cards issued by Romanian and foreign banks under VISA and MasterCard logos are accepted, provided the issuing banks have activated them for online payment. Payments made by credit cards for installment payments are also accepted, as listed on the payment information page. Other payment methods may include bank transfer or payment upon delivery, depending on the options provided on the Site.
8.3. Vivre Homes does not request and does not store any information related to the Customer`s bank card or cards, as these are processed directly on the online payment service provider`s servers.
8.4. In the case of orders placed through the Marketplace Platform, the payment made by the Customer is processed through the Vivre Platform, which acts as a payment intermediary between the Customer and the Seller. The collected amounts are transferred to the relevant Sellers, according to the contractual terms concluded between them and Vivre Homes.
8.5. Payment for products sold through the Platform does not represent, in itself, the conclusion of the Sale-Purchase Contract, which is considered concluded between the Customer and the Seller at the time the Order is confirmed by the Seller, according to the information displayed on the Site.
8.6. In the situation where an Order is canceled, partially or fully, or in the case of an accepted return, the refund of the amounts paid by the Customer will be made through the same payment method used initially, in accordance with the applicable Return Policy and the information communicated to the Customer through the Platform.
8.7. Any problems related to payment processing, returns, or refunds may be reported by the Customer through the contact channels provided by Vivre Homes, without prejudice to the Customer`s rights to address the Seller directly, where appropriate.

9. Online Sales Policy

9.1 Access to service
9.1.1. Access to the service is permitted to any Member who possesses or creates an Account on the site or downloads the iOS or Android mobile application.
9.1.2. To be allowed access to the service, the Member will have to accept the provisions of the Document.
9.1.3. Vivre Homes reserves the right to limit the customer`s access to the Service and marketing campaigns (not to include them in the promotion and loyalty campaign, to allow them to order only with advance payment, etc.) as well as the right to cancel already placed orders in the following cases: placing and refusing more than two orders in the cash on delivery payment system, more than 2 orders subsequently canceled by the Customer using the "Cancel order" button or notification from them sent in writing to the email address contact@vivre.eu or modifying orders by giving up 20 products monthly from the orders placed, through written communication from the Customer to the email address contact@vivre.eu, using tendentious language, violating intellectual property rights, etc., the access and existence of the Customer`s Account could prejudice Vivre Homes in any way. Vivre Homes reserves this right except for cases permitted in art. 9.3.7 and whichever above-mentioned criterion is met first. This right can be exercised at any time and notification to the Customer is not necessary.
9.1.4. Each Member can have only one Account. Sharing an Account between several Members/Customers is prohibited.
9.1.5. In the situation where shared access by several Customers is discovered, Vivre Homes reserves the right to cancel or suspend the Customer`s access to Content or Service. If there are orders placed from suspended or canceled accounts, they will be automatically canceled.
9.1.6. Vivre Homes may refuse an order following prior notice addressed to the Customer, without obligations between parties and without a party being able to claim damages, for the following situations:

• Failure / invalidation of the online transaction;
• Non-acceptance by the Customer`s card issuing bank / of the transaction;
• Providing incomplete or incorrect data by the Customer;
• The Customer`s activity can cause damage to the www.vivre.eu site, the company VIVRE HOMES S.R.L., and/or its partners;
• The Customer uses the Service in a way that does not comply with normal practices and good faith or exercises their rights for the purpose of harming or damaging Vivre Homes in an excessive and unreasonable way, contrary to good faith;
• Consecutively failed deliveries due to Customer`s fault;
• Other justified reasons (e.g.: unjustified placement and withdrawal of more than three orders within an interval of 30 days).

9.2. Products and services
9.2.1. The Vivre platform may publish information on the site about products, services, and/or promotions offered either directly by Vivre Homes or by third-party sellers (Marketplace Partners) who sell products through the platform, in a certain period and within the limit of available stock.
9.2.2. Products and/or services purchased through the platform are intended exclusively for the Customer`s personal use.
9.2.3. Vivre Homes may limit the capacity to purchase certain products or services available on the site at a given time to one or more Customers, for grounded reasons, including to prevent abusive orders or fraud.
9.2.4. All rates related to the products or services presented on the site are expressed in euro (EUR) and include VAT, according to applicable legislation and information provided by the Seller.
9.2.5. In promotional campaigns, price reductions are signalized distinctly by displaying the "new price" (graphically highlighted) alongside the "old price," displayed with the corresponding mention and marked distinctly. For the purpose of this Regulation, "old price" represents the lowest price practiced by the Vivre platform for the respective product in the 30-day period prior to applying the price reduction, in accordance with applicable legislation.
9.2.6. Certain products available on the Vivre platform can be signalized with the Recommended Retail Price ("RRP"). For the purpose of this Regulation, "RRP" represents the price recommended by the manufacturer or supplier and is displayed near the sale price, exclusively for information purposes. In the situation where the product is sold at the RRP, it is displayed as the sale price. In all other cases, RRP does not represent a previously practiced price by Vivre and does not constitute a reference price used in calculating discounts, being distinct from the notions of "old price" and "new price".

Invoicing and fiscal documents
9.2.6. Invoicing of products purchased through the platform is done exclusively in EUR, using the information provided by the Customer in the designated form. In the case of products sold by Marketplace Partners, the invoice and fiscal documents are issued by the respective Seller, who is a party to the Sale-Purchase Contract with the Customer. Vivre Homes is not responsible for the correctness of the information provided by the Customer for the invoice or for the impossibility of deducting expenses due to incorrect information provided by the Customer. For corrections (cancellations, return), reversal invoices may be issued, according to applicable legislation, by the Seller who issued the initial invoice.

Payment
9.2.7. Payment for products and/or services purchased through the platform can be made both online by debit card, including credit cards for installment payments, as well as through other methods available at the time of placing the order, depending on the Seller`s options.
9.2.8. In the case of online card payments, Vivre Homes cannot be held responsible for any other additional cost borne by the Customer, including but not limited to currency conversion fees applied by the card-issuing bank, if the issuance currency differs from EUR. Responsibility for this action lies solely with the Customer.
9.2.9. Payment in cash or through the POS system upon delivery may be available only for certain products and only under certain conditions established by the Seller or courier partners. The Customer is informed at the time of placing the order about the available payment methods.

Information about products and offers
9.2.11. The information used to describe products, features, and weight available on the site (static/dynamic images/multimedia presentations/links, etc.) is provided by way of presentation and does not represent a contractual obligation additional to that assumed by the Seller through the Sale-Purchase Contract. The Seller reserves the right to withdraw a product offer or modify it at any time until the order is placed, without owing damages or penalties to any potential Customer.
9.2.12. In images of products and/or services, Vivre Homes or Marketplace Partners reserve the right to use other products (accessories, etc.) that may not be included in the costs of those products and implicitly will not be delivered upon purchase of the products. In this case, it is expressly specified in the product description which good is for sale.
9.2.13. In the unlikely event that a Seller will not be able to honor part of the products, the Customer will be notified by e-mail, and they can benefit from one of the alternatives provided by law, including canceling the order or removing the product that can no longer be delivered from the order.

Green stamp and legal obligations
9.2.14. GREEN STAMP TAX – value expressed in euro, paid by the manufacturer or merchant to the company authorized with taking over collection, transport, and recovery/recycling operations for waste electrical and electronic equipment, as provided by applicable legislation. According to the law, this tax is ultimately borne by the final Customer (user).

9.3. Online order
9.3.1. The Customer can place orders for products sold at a given time, exclusively on the Vivre platform, offers being limited in time (after the indicated period, orders can no longer be placed and items are no longer visible on www.vivre.eu). The price displayed on the site at the time of the order will not change, being firm for the placed order. For an offer that has expired, orders can no longer be placed. Sellers (VIVRE HOMES S.R.L. or, as the case may be, Vivre Marketplace Partners) can change prices, offers, or quantities at any time, depending on stock availability and internal commercial criteria, respecting already confirmed orders. The Vivre platform cannot be forced to maintain a certain price except for orders placed and confirmed; potential customers who view offers but do not place orders cannot request a different price/offer from the one displayed on the site.
9.3.2. By completing the order, the Customer consents that all data provided by them, necessary for the purchase process, are correct, complete, and true at the date of placing the order.
9.3.3. The distance contract is considered concluded between the Customer and the Seller (VIVRE HOMES S.R.L. or, as the case may be, the Vivre Marketplace Partner indicated for the product) when the order placed by the Customer is electronically confirmed. The Vivre platform facilitates the transmission of the order to the relevant Seller. Before shipping the products, the Seller reserves the right to contact the Customer, through any available means (telephone or e-mail), to confirm identification and delivery data. Customers accept that the Seller cannot be forced to deliver products to persons who have not confirmed the data necessary for delivery.
9.3.4. The Seller (VIVRE HOMES S.R.L. or the Marketplace Partner, as the case may be) can unilaterally denounce and automatically cancel the order made by the Customer, even without prior notice, without further obligations between parties and without a party being able to claim damages from the other, in the following cases:
9.3.4.1. Non-acceptance by the Customer`s card issuing bank of the transaction, in the case of online payment;
9.3.4.2. Invalidation of the transaction by the agreed card processor;
9.3.4.3. The data provided by the Customer regarding delivery (address, contact details) are incomplete or incorrect;
9.3.4.4. The Customer`s activity on the platform can produce damages of any nature to Vivre Homes and/or its Partners;
9.3.4.5. Realization of more than two consecutively failed deliveries due to the Customer`s fault;
9.3.4.6. Other objective and justified reasons (including unavailability of products).
9.3.5. If the Customer withdraws from an order with payment made in advance (bank transfer or online card payment), the paid amount will be refunded by the Seller within a maximum of 14 days from the date they became aware of the withdrawal, according to applicable legislation.
9.3.5.1. In the case of resolution or, as the case may be, termination of the contract due to the Seller`s fault, if the Customer made the payment in advance, the paid amount will be refunded in a maximum of 7 days from the moment the contract terminated.
9.3.6. In the case where some ordered products are no longer available in stock for reasons independent of the Seller, they will inform the Customer about the unavailability as soon as they know it and will arrange for the refund of amounts paid in advance within a maximum of 7 days from the notification of the Customer.
9.3.7. A placed order can be modified only in certain situations and only at the Customer`s request, if the product has not been shipped, as follows:

• a) The Customer requests the modification in writing, sending an e-mail to contact@vivre.eu mentioning clearly the request and the order number;
• b) The Customer gives up a product before shipping;
• c) Increasing the quantity of a product already existing in an order, if it is still available;
• d) Modifying the delivery address;
• e) Modifying the payment method;
• f) Modifying data for invoicing, within the limits permitted by law.

In the case of orders sold by Marketplace Partners, modifications may be subject to their own commercial policies.
9.3.8. Orders cannot be modified after confirmation of online payment or by bank transfer if the Seller has started processing or shipping the products.
9.3.9. If a Customer modifies their personal data using the forms available on the site, all existing ongoing orders at that time keep the previously accepted data, and new data will be taken into account only for future orders or for permitted modifications.
9.3.10. A placed order can be canceled before its shipment through the "Cancel order" button in the Customer`s Account or by the Customer`s request in writing, sending an e-mail to contact@vivre.eu, mentioning clearly the cancellation and the order number. In the case of products sold by Marketplace Partners, cancellation may be subject to the Seller`s specific terms and conditions.

9.4. Telephone order
9.4.1. The Customer / Member cannot place telephone orders. The Customer / Member cannot request modification of the order by phone.

9.5. Contract and finalization
9.5.1. The Seller (VIVRE HOMES S.R.L. or, as the case may be, the Vivre Marketplace Partner indicated for the product) transmits to the Customer all necessary documents attesting to the purchase of products/services by the Customer according to the legislation in force. The Vivre platform facilitates the transmission of these documents and the communication between the Customer and the Seller, without becoming a party to the sale-purchase contract concluded between the Customer and the Seller.
9.5.2. Vivre Homes will facilitate informing the Customer about the finalization stage of their order by sending information e-mails to the address indicated by them. The invoice for the ordered products is issued by the relevant Seller (VIVRE HOMES S.R.L. or Marketplace Partner) and will include all mandatory mentions in accordance with art. 319 of Law no. 227/2015 on the Fiscal Code. If the Seller provides the invoice in electronic format, the Customer may be notified by e-mail, and the document can also be downloaded from the Member`s account, section "My Orders → Order details".
9.5.3. The sale-purchase contract is considered honored when products are delivered to the Customer by the Seller, and the documents attesting to the delivery of the package to the courier and delivery to the Customer (AWB, delivery confirmation, etc.) are issued by the carrier and/or Seller. In the case of products sold by Vivre Marketplace Partners, delivery is performed directly by them, according to their own policies displayed on the platform.
9.5.4. The contract is concluded for a determined duration. It will be considered terminated when the parties (Customer and Seller) have performed their reciprocal obligations within the terms and conditions established by this Document and by the Seller`s specific conditions.
9.5.5. In case there are differences between the number of ordered products and the contents of the package, the Customer has the obligation to immediately notify the Seller, through the Vivre platform or by e-mail at contact@vivre.eu, within a maximum of 24 hours from receipt of the package, with the related details (photo, explanations, etc.). In the case of products sold by Marketplace Partners, the Customer can also use the "Conversation with the seller" field available in their account, at the "My Orders" section.

9.6. Transport
9.6.1. The total cost of the order, including transport costs, is communicated to the Customer at the time of placing the order. The Customer expressly accepts, by placing the order, the estimates for the transport cost, regardless of the data that formed the basis for determining this cost. In the case of orders that include products sold by Vivre Marketplace Partners, delivery and return costs may vary depending on the policy of each Partner and are displayed distinctly in the Shopping Cart and/or on the Partner`s page.
9.6.2. The delivery time of an order is expressly communicated at its placement and is established by the Seller (VIVRE HOMES S.R.L. or Marketplace Partner, as the case may be), depending on the availability of products and their own logistical process. Deliveries will generally be made within the period assumed at order placement (varies between 2 days and 8 weeks), and the Customer can obtain information regarding the delivery status at any time from their account. In the event that the product can be delivered exceeding the communicated term, the Seller will immediately inform the Customer by e-mail, offering two options: the Customer either withdraws from the order/product, or accepts the new proposed delivery term. In the event that payment was made in advance of delivery, the paid amounts will be refunded by the Seller according to law, within a maximum of 14 days from the date of withdrawal.
9.6.2.1. The Customer has the possibility of choosing Rapid Delivery for products specifically signalized in this way, to the extent that this option is offered by the relevant Seller.

9.7. Quality and warranties
9.7.1. The Seller (VIVRE HOMES S.R.L. or, as the case may be, the Vivre Marketplace Partner indicated for the product) respects warranty provisions according to the Romanian legislation in force. Clear details related to these warranties are provided in the product sheets, and no Member can request an extended warranty more than mentioned. The warranty applies under normal use conditions and is valid for products purchased by the Customer through the Vivre platform, being offered by the relevant Seller. Products benefit from a legal warranty of conformity according to the provisions of applicable legislation. If an extended warranty term is specified in the product presentation, the longer term applies. Responsibility for the lack of conformity of the product is engaged toward the Seller, if the lack of conformity appears within a term of 2 years calculated from delivery of the product, for products with an average duration of use of at least 2 years. The warranty involves, as the case may be, refunding the value for non-compliant products, repairing or replacing them, for which the Customer notifies the Seller in writing, within the legal term.
9.7.3. Warranty conditions do not apply for the following cases:

• the product has been tampered with, repaired and/or modified by unauthorized personnel;
• the product`s serial number, components, or accessories have been modified, canceled, or removed;
• the product shows physical defects: impacts, cracks, chips, rust;
• the product shows traces of use in improper conditions: inadequate supply voltages, exposure to large variations in temperature and pressure, incorrect handling, penetration of liquids, metals, or other substances inside the equipment.

9.7.4. Clear details about the characteristic features of each product are provided on the site by the Seller. Information regarding warranty terms and conditions, as well as general instructions for use of products can be delivered to the Customer in digital format, along with product documents, available from the Vivre account or provided by the Seller. In the case of products sold by Vivre Marketplace Partners, the warranty certificate and related documentation are issued and provided by the respective Partner or by the manufacturer`s authorized center, as the case may be. If this information has not reached the Customer, they can obtain it at any time through the platform or by e-mail at contact@vivre.eu.

9.8. Withdrawal from contract and return of products
9.8.1. The Customer can return products purchased through a Distance Contract concluded with the relevant Seller, and is entitled to receive the entire countervalue paid for products, in the following situations:
9.8.1.1. Products show severe deteriorations that make them non-compliant;
9.8.1.2. Delivered products are different from the placed order;
9.8.1.3. Products show manufacturing defects;
9.8.1.4. The Customer withdrew from the contract within the 14-day period from the date of order delivery. By completing the return form available in the Customer`s account, they have the possibility to select products simultaneously from one or more returnable orders. In the case of products sold by Vivre Marketplace partners, the return is organized and managed directly by the relevant partner. A return fee may be charged, depending on each seller`s policy. We recommend checking the seller`s return policy and any applicable fees before purchasing a product.
9.8.3. Before the expiration of the withdrawal period, the Customer informs the Seller regarding their decision to withdraw from the contract. For this purpose, the Customer can choose one of the following variants:

• a) To use the model withdrawal form available on the Vivre platform in the Return section;
• b) To make any other unequivocal statement expressing their decision to withdraw from the contract.

9.8.4. The Customer who notified according to art. 9.8.3. is responsible for making the products available to the Seller, without unjustified delay and within a maximum of 14 days from the date they communicated their decision to withdraw from the contract. In the case of products sold by Vivre Marketplace Partners, the return is organized by the relevant Seller, who will request the courier company to pick up the returned products directly from the Customer. The Customer will be informed by e-mail regarding the return organization. The Customer has the obligation to hand over the product to the designated courier, appropriately packed to protect it during transport. The refund of paid amounts will be made by the relevant Seller immediately after receiving the returned products in their warehouse.
9.8.5. The Customer will not be able to return purchased products and/or will not claim any other damages/compensations in the following situations:

• In case the return request has the date of sending the notification of return intention exceeding the 14-day period.
• In case a product is returned and the returned product is not in the same condition as it was delivered.
• In case products were made according to specifications presented by the Customer or clearly personalized.
• In case sealed products were ordered and delivered which cannot be returned for health protection or hygiene reasons and which were unsealed by the Customer.
• Swimsuits and intimate apparel items must still have the hygiene seal; Products must not show damage or signs of wear; Items can be tried on, but for hygiene reasons the seal/sticker must not be removed; Silicone intimate apparel items cannot be returned if packaging was opened; Jewelry and hair accessories cannot be returned if packaging was damaged; In the case of lingerie sets the package must be unopened and incomplete sets or separate items cannot be returned.
• In case products were ordered and delivered which are, after delivery, according to their nature, inseparably mixed with other elements.
• In case of products that are likely to deteriorate or expire rapidly.
• In the case of food products and beverages.
• In the case of compliant products that require assembly, and the Customer unsealed the respective product(s) and started the assembly process.
• If the Customer is a legal entity and wishes to withdraw from the contract under GEO 34/2014.

9.8.6. Products constituting a kit/set must be returned as a kit/set.
9.8.7. In case of Customer withdrawal from the contract, the relevant Seller refunds to them all amounts they received as payment from them, without unjustified delay and, in any case, no later than 14 days from the date they are informed of the Customer`s decision to withdraw. Refund is made using the same payment methods as used by the Customer for the initial transaction, unless the Customer agreed to another payment method. In the case where payment was made upon delivery, upon initiating the return procedure the Customer will have the obligation to provide a valid bank account (IBAN). The refund of paid amounts will be made by the Seller immediately after receiving the returned products in their warehouse.
9.8.8. The Customer can return products purchased through a Contract and is entitled to receive partial countervalue paid for products if they are in a state of diminished resale value.
9.8.9. If the Customer does not pack appropriately for protection/handling of returned products, the indicated courier is entitled not to take over the goods notified for return. If the Customer sends inappropriately packed products through another method, they are responsible for any destructions, defects, incompleteness found upon receipt of the return. The above provisions do not refer to the original packaging of products, but to any packaging capable of protecting the products.

10. Fraud

10.1. Vivre Homes does not request from its Customers or Users through any communication medium information referring to confidential data, bank accounts/cards, or personal passwords.
10.2. The Customer / Member assumes full responsibility for disclosing their confidential data to a third party.
10.3. Vivre Homes declines any responsibility in the situation where a Member / Customer would be prejudiced in any form by a third party who would claim to be/represent Vivre Homes` interests.
10.4. The Customer or Member will inform Vivre Homes regarding such attempts, using contact details.
10.5. Vivre Homes does not promote SPAM. Any Member/customer who has explicitly provided their e-mail address on the site can opt for disabling the customer account related to this e-mail address.
10.6. Communications made by Vivre Homes through electronic distance communication means contain the complete and compliant identification data of the sender or links to them at the time of transmitting the content.
10.7. The following purposes will be considered attempts to defraud the Site/Content and/or Vivre Homes. Vivre Homes reserves right to set in motion criminal prosecution against whoever tried to, or attained this purpose(s):
10.7.1. To access data of any type of another Member/Customer by using an account or through any other method.
10.7.2. To alter or modify the Content of the Site or any correspondence sent by any means by Vivre Homes to the Member / Customer.
10.7.3. To affect the performances of the server/servers on which the site runs.
10.7.4. To access or disclose to any third party who does not have the necessary legal authority, the content sent by any means by Vivre Homes to the Member/ Customer when they are not the legitimate recipient of the content.

11. Limitation of Liability

11.1. Vivre Homes cannot be held responsible in any way before any Member/Customer who uses the Site or Content, other than within the limit of the articles constituting Terms and Conditions.
11.2. If a Member/Customer considers that a Content sent by any means by Vivre Homes violates copyright or any other rights, they can contact Vivre Homes for details, so that VIVRE HOMES S.R.L. can make an informed decision.
11.3. Vivre Homes does not guarantee the Member or customer access on the site or to the service, in the absence of registration, and does not grant them the right to download or modify partially and/or fully the content, to reproduce partially or fully the content, to copy, or exploit any content in any other manner, or to transfer to any third party any content upon which they have and/or obtained access, without the prior written consent of Vivre Homes.
11.4. Vivre Homes is not responsible for the content, quality, or nature of other sites reached through links from content. For respective sites, the responsibility is borne entirely by their owners.
11.5. Vivre Homes is exonerated from any guilt in case of using sites and/or content transmitted to the Member or Customer, when this use of content can or produces damages of any nature to the Member, Customer and/or any third party involved in this transfer of Content.
11.6. Vivre Homes does not provide any kind of direct or indirect guarantees that:
11.6.1. The Service will be suitable for customer`s requirements;
11.6.2. The Service will be uninterrupted, secure, or free from errors of any kind;
11.6.3. Products/services obtained through the service will correspond to customer`s requirements or expectations.
11.7. Within the limit of Terms and Conditions provisions, operators, administrators and/or owners of the site are not in any way responsible for relationships or their consequences resulting from any type of relationship / connection / transaction / collaboration / etc. that can appear between client or Member and any of those who promote themselves directly or indirectly through the site.

12. Force Majeure and Fortuitous Case

12.1. Except for cases where they have not expressly provided otherwise, none of the parties to a concluded contract will be liable for non-performance at term and/or appropriately, totally or partially, of any of the obligations incumbent upon it based on the contract, if non-performance was caused by a force majeure event.
12.2. The party or legal representative of the party invoking above mentioned event is obliged to bring to the other`s knowledge its occurrence and take any measures available to it in order to limit the consequences of respective event.
12.3. The party or legal representative of the party invoking above mentioned event is exonerated from this obligation only in case the event prevents it from carrying it through.
12.4. If within 15 days from the date of its occurrence respective event does not cease each party will have the right to notify the other party the full termination of this contract without any of them being able to claim other damages from the other.
12.5. The party invoking force majeure event must prove the impossibility of performing obligations within 30 days from date of event occurrence.

13. Disputes

13.1. By using/visiting/viewing/etc the sites and/or any content sent by Vivre Homes to Member/Customer, they declare agreement at least with provisions of "Terms and conditions".
13.2. Any dispute referring to these Terms and Conditions which could appear between Member/Customer and Vivre Homes will be resolved amicably.
13.3. Any dispute, of any kind, which could appear between Member and VIVRE HOMES S.R.L. and its partners, will be resolved amicably. If this will not be possible, conflict will be resolved by competent court.
13.4. Considering provisions of Regulation (EU) no. 524/2013, Vivre Homes offers Member/Customer possibility to opt for extrajudicial resolution of eventual disputes, through use of European online dispute resolution platform (ODR platform). In this sense following link toward ODR platform can be used: ODR.
13.5. If any of clauses above will be found null or invalid, this clause will not affect validity of other clauses.
13.6. This document was drafted and will be interpreted in accordance with Romanian legislation. Applicable law – Jurisdiction This Contract is subject to Romanian law. Eventual disputes appeared between VIVRE HOMES S.R.L. and Clients / Buyers will be resolved amicably or, in case this will not be possible, disputes will be resolved by competent Romanian judicial courts from Bucharest Municipality.

14. Information regarding WEEE

14.1. Waste electrical and electronic equipment (WEEE) can contain dangerous substances that have a negative impact on environment and human health. Considering provisions of GEO 195/2005 and GEO 5/2015, Clients will take following into account:
14.1.1. CUSTOMERS have obligation not to dispose of waste electrical and electronic equipment (WEEE) as unsorted municipal waste and to collect these WEEE separately;
14.1.2. Collection of this waste (WEEE) will be performed through public WEEE collection service and through collection centers organized by economic operators authorized for WEEE collection. You can access list of collection points: http://www.ecotic.ro/consumatori/puncte-colectare-DEEE.
14.1.3. Customers can hand over WEEE free of charge at specified collection points at moment of purchasing a new product from same category. Customers can communicate this option toward Vivre Homes and/or toward relevant Partner, at moment of order or upon its receipt.
14.1.4. In case of products sold by Vivre Marketplace Partners, obligations regarding WEEE collection belong to Partner Seller.
14.2. Symbol indicating that electrical and electronic equipment are subject of a separate collection and that these were introduced on market after date of 31.12.2006 represents a wheeled bin barred with a cross.
14.3. This pictogram indicates that WEEE must not be mixed with household waste and that they are subject of a separate collection.
14.4. Registration number in Register of putting electrical and electronic equipment on market: RO-2018-06-EEE-2231-II.
14.5. Registration number in Register of battery and accumulator producers: RO-2015-04-B&A-0717.

15. REVIEWS and Ratings

15.1. Writing of Reviews, Comments can be done by Users/Customers/Buyers in "My Reviews" section or from Customer`s Vivre account. Inscribed information can be both positive and negative, and will refer to features and way of using a product or service.
15.2. In moment of recording a certain Review/Comment/Question on www.vivre.eu Site, Customer grants Vivre Homes a non-exclusive, perpetual, irrevocable, territorially unlimited license and gives Seller right to use, reproduce, modify, adapt, publish, translate, distribute and display this content.
15.3. Each Customer, at moment of enrolling Review/Comment/Question in mentioned sections, undertakes to respect following rules:

• make references only to features and/or way of using a certain product or service;
• use only english language;
• utilize an appropriate, non-offensive language;
• ensure information introduced by them are realistic, correct, non-misleading and in accordance with applicable laws;
• use this facility only to communicate or obtain additional details referring to a certain product or service from Site;
• not provide or request, in any way and any measure, personal data;
• not inscribe information and/or details about URLs from other commercial sites;
• not try defrauding services made available by Seller or inscribe Reviews/Comments/Questions containing advertising materials;
• not use Review/Comment/Question as communication medium with Seller or with Vivre platform in connection with an order or a support request.

In this sense, Customer will use dedicated communication channels made available in their Account. Through these they can directly contact Partner from whom they purchased product, or contact details displayed on Site.
15.4. Besides a realistic evaluation, at moment of enrolling a Review, Customer will also add a relevant Rating. Reviews, together with their corresponding Ratings, will influence general Rating of product or service.
15.5. When a Review/Comment/Question is signaled by a Customer as having inadequate content, this content is carefully examined by Seller to determine if it violates Site Terms and Conditions. Texts, photos or videos introduced are removed from Site only after their examination by Seller.
15.6. In case Vivre Homes finds violation of Terms and Conditions repeatedly, it reserves right to suspend Customer`s possibility to enroll Reviews/Comments/Questions. For reports, complaints or requests related to purchased Good and/or Service, Buyers can contact Vivre Homes at address contact@vivre.eu or can contact directly Seller (Marketplace Partner) from their Account. Maximum term for solving complaints or reports is 30 calendar days from their receipt.
15.7 Content moderation Vivre Homes can use automated processes and/or human verification for moderation of Reviews, Comments and Questions. In case of removing or restricting a Review, Customer can be informed upon reasons and has right to formulate contest according to art. 3A.

16. Final Provisions

16.1. Vivre Homes reserves right to be able to perform any modifications of these provisions, as well as any modifications of site/its structure/service as well as any content without prior notification of Member or Customer.
16.2. Within limit of Terms and Conditions provisions, Vivre Homes will not be able to be made responsible for eventual errors appeared on site from any cause.
16.3. Vivre Homes reserves right to introduce advertising banners of any nature and/or links on any page of site, with respect to legislation in force.
16A. Accessibility
16A.1. Vivre Homes makes reasonable efforts to ensure accessibility of SITE and offered digital services, including for persons with disabilities, in accordance with applicable legal requirements.
16A.2. Platform is developed having in view recognized accessibility standards, in measure of applicability and proportionality.
16A.3. If you encounter accessibility difficulties, you can contact us at contact@vivre.eu (subject: "Accessibility"), for support or providing information in an alternative format.

17. Contact and Other Information

17.1. In case there are questions or suggestions in connection with Vivre Homes, please contact us by e-mail at contact@vivre.eu, Monday through Friday, 09:00-18:00 or talk anytime with VIA AI assistant available on Vivre site.
17.2. Any comments, questions, feedback, ideas, suggestions or other communications or information about or referring to www.vivre.eu site, its functionality or improvement will remain property of VIVRE HOMES S.R.L.. Personal data processing: VIVRE HOMES S.R.L. is registered in register of evidence of personal data processing under number 22845.
17.3. Personal data protection officer can be contacted at dedicated e-mail address: dpo@Vivre.eu.

18. Data Deletion Policy

18.1. User or Customer can withdraw at any time expressed consent understanding to give up: access to Service, other services offered by Vivre Homes through Site, in this sense User or Customer will send an e-mail to address dpo@Vivre.eu.
18.2. In situation where User or Customer does not wish to receive anymore from Vivre company newsletters/alerts and/or communications performed for marketing and advertising/promotional purpose they can perform UNSUBSCRIBE request available in contents of any communication via e-mail or by sending a written request toward personal data protection officer dpo@Vivre.eu.
18.3. User or Customer, in accordance with provisions and norms regarding personal data protection, has right to request DELETION of their personal data processed for commercial purpose by Vivre company and in this sense can formulate written request toward personal data protection officer dpo@Vivre.eu.

19. Neuro – Loyalty Points System

19.1. Vivre Homes can make available to Customers a system in form of loyalty points named "Neuro," which can be used for obtaining exclusive discounts and refunds at purchases performed on Vivre platform.
19.2. Neuro conversion is as follows: 1 Neuro = 1 Euro.
19.3. Neuro can be applied as discount when purchasing products, however maximum value which can be covered through Neuro cannot exceed 15% of total value of products in shopping cart.
19.4. If Customer has Neuro available, it can be applied automatically in shopping cart, up to maximum eligible ceiling. Customer has possibility to manually adjust applied sum.
19.5. Neuro applies over existing discounts, but cannot exceed in any case limit of 15% of product value without VAT in cart.
19.6. Neuro can be accumulated through various ways, including:
a) bonus at Wallet activation; b) purchases performed on Vivre; c) leaving reviews for products; d) creating first design; e) contests and special campaigns.
19.7. Usage examples: Order of 250 EUR → maximum discount 25 EUR = 25 Neuro; Order of 500 EUR → maximum discount 50 EUR = 50 Neuro; Order of 1,000 EUR → maximum discount 100 EUR = 100 Neuro. In case cart value is smaller, system automatically applies exact number of eligible Neuro, up to maximum ceiling of -15%.
19.8. Vivre Homes reserves right to modify, suspend or terminate Neuro program, conditions for granting or use, as well as rules of associated campaigns, respecting already placed orders and applicable legislation.

20. Vivre Design – Interior Design Tool with AI

20.1. Vivre Homes makes available to Users a digital interior design tool assisted by artificial intelligence which allows generation of visual proposals for furnishing interior spaces.
20.2. Through use of Vivre Design, Customer can upload a photo of an own room and can generate decor and furnishing suggestions, before purchasing products available on Vivre platform.
20.3. Vivre Design functionality can include following types of experiences:
a) Redecorate; b) Transformation; c) Evaluation.
20.4. Customer can provide additional details regarding their space, including:
a) type of desired products; b) preferred colors; c) persons who will use room.
20.5. Result of using Vivre Design consists in an image generated with help of AI, which can include products available in Vivre online store, together with direct links toward them.
20.6. Customer can personalize generated design through "Remix" function, having possibility to add or remove furniture pieces, modify colors and adjust visual proposal.
20.7. Within "Shop the Look" section, Customer can receive product recommendations generated by AI and can directly purchase selected products.
20.8. Designs generated through Vivre Design will be saved in Customer`s account, in "My Space" section, from where they can be viewed and deleted anytime by Customer.
20.9. Customer understands and accepts that images and suggestions generated through Vivre Design have orientative character and do not constitute a warranty regarding final aspect of products in real space.
20.10 Limitations Results generated through Vivre Design have orientative and inspirational character and do not constitute professional consultancy. Vivre Homes does not guarantee absolute accuracy of generated images. Customer remains responsible for verifying products features before purchase.