Terms & Conditions
Last updated: 1/15/2026
Please read these Terms and Conditions carefully before using the Vivabay website. By accessing or using our website, you agree to be bound by these terms. If you do not agree to these terms, please do not use our website.
1. Acceptance of Terms
By accessing and using the Vivabay website, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
2. Use License
Permission is granted to temporarily access the materials on Vivabay's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials
- Use the materials for any commercial purpose or for any public display
- Attempt to reverse engineer any software contained on the website
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or "mirror" the materials on any other server
3. Products and Pricing
We strive to provide accurate product descriptions, images, and pricing. However, we reserve the right to:
- Correct any errors in product descriptions, images, or pricing
- Refuse or cancel orders that appear to be placed by dealers, resellers, or distributors
- Limit quantities purchased per person, per household, or per order
- Discontinue products at any time
- Refuse service to anyone for any reason at any time
4. Orders and Payment
When you place an order, you are making an offer to purchase products at the prices stated. We reserve the right to accept or reject your order. All orders are subject to product availability.
Payment must be received before we ship your order. We accept major credit cards, PayPal, and other secure payment methods. All prices are in USD unless otherwise stated.
5. Shipping and Delivery
Shipping terms and delivery times are estimates only. We are not responsible for delays caused by shipping carriers or circumstances beyond our control. Risk of loss and title for products pass to you upon delivery to the carrier.
For detailed shipping information, please see our Shipping Information page.
6. Returns and Refunds
Our return and refund policy is detailed on our Returns & Exchanges page. By making a purchase, you agree to our return policy. We reserve the right to refuse returns that do not meet our return policy requirements.
7. Intellectual Property
All content on this website, including text, graphics, logos, images, and software, is the property of Vivabay or its content suppliers and is protected by copyright and other intellectual property laws. You may not use, reproduce, or distribute any content from this website without our written permission.
8. User Accounts
When you create an account, you are responsible for:
- Maintaining the confidentiality of your account and password
- All activities that occur under your account
- Providing accurate and complete information
- Notifying us immediately of any unauthorized use of your account
9. Prohibited Uses
You may not use our website:
- For any unlawful purpose or to solicit others to perform unlawful acts
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code
- To collect or track the personal information of others
- To spam, phish, pharm, pretext, spider, crawl, or scrape
- For any obscene or immoral purpose
- To interfere with or circumvent the security features of the website
10. Disclaimer
The materials on Vivabay's website are provided on an 'as is' basis. Vivabay makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
11. Limitations of Liability
In no event shall Vivabay or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Vivabay's website, even if Vivabay or a Vivabay authorized representative has been notified orally or in writing of the possibility of such damage.
12. Indemnification
You agree to indemnify, defend, and hold harmless Vivabay and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the website or your violation of these terms.
13. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the United States, and you irrevocably submit to the exclusive jurisdiction of the courts in that location.
14. Changes to Terms
We reserve the right to modify these terms at any time. We will notify users of any material changes by posting the new terms on this page and updating the "Last updated" date. Your continued use of the website after such changes constitutes your acceptance of the new terms.
15. Contact Information
If you have any questions about these Terms and Conditions, please contact us:
Email: info@vivasbay.com
Address: 456 Market Street, Suite 200, San Francisco, CA 94105, United States
Or visit our Contact Us page.