Terms of Sale

PLEASE READ THE FOLLOWING TERMS OF SALE (“TERMS OF SALE”) CAREFULLY BEFORE PURCHASING PRODUCTS OFFERED BYCVYVO SOCIALFI AND ITS AFFILIATES (“US”, “WE”, “OUR”, OR “VYVO SOCIALFI”). THESE TERMS OF SALE, TOGETHER WITH OUR TERMS OF USE, WHERE APPLICABLE, SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PURCHASE AND USE OF VYVO SOCIALFI MERCHANDISE, INCLUDING ACCESSORIES, APPAREL, OR ANY PRODUCTS OFFERED BY VYVO SOCIALFI OR A VYVO SOCIALFI AUTHORIZED AFFILIATE (AS DEFINED BELOW) THAT YOU PURCHASE FROM OUR ONLINE STORE (THE “STORE”) (COLLECTIVELY, THE “PRODUCTS” OR THE “VYVO SOCIALFI PRODUCTS”). THESE TERMS COVER IMPORTANT INFORMATION ABOUT THE PRODUCTS YOU PURCHASE AND ANY CHARGES AND AMOUNTS THAT WE BILL YOU.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS OF SALE AND ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ENTER INTO THESE TERMS OF SALE AND TO PURCHASE AND USE THE PRODUCTS. “YOU” AND “YOUR” REFER TO THE PERSON PURCHASING A PRODUCT OR IF YOU PURCHASE A PRODUCT ON BEHALF OF AN EMPLOYER, COMPANY, ORGANIZATION, OR OTHER ENTITY, THEN (I) ALL REFERENCES TO “YOU” HEREIN INCLUDE YOU AND THAT ENTITY, (II) YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE ENTITY WITH THE AUTHORITY TO BIND THE ENTITY TO THESE TERMS OF SALE, AND (III) YOU AGREE TO THESE TERMS OF SALE ON THE ENTITY’S BEHALF.

By placing an order for a product, you acknowledge that you have read, understood, and agree to be bound by these Terms of Sale. Our Terms of Use are hereby incorporated into these Terms of Sale by reference. If you do not accept these Terms of Sale, then you are not authorized to purchase Products from the Store.
We reserve the right to change these Terms of Sale at any time, so please review the Terms of Sale each time prior to making a purchase from the Store. Every time you order Products, the Terms of Sale in force at that time will apply between you and Vyvo SociaFi. In these Terms of Sale, any words following the term “including” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
While all of these Terms of Sale are important, you should pay particular attention to: (a) payment obligations (Section 5); (b) disclaimers (Section 8); and (c) limitation of liability (Section 10).

If you are the user of a Product for which agreement to the Terms of Use is necessary to use the Product, please be sure to review our Terms of Use for specific terms regarding your account and the related services. If you are purchasing a gift for which agreement to the Terms of Use is necessary to use a Product, the recipient of the gift will be required to review and agree to our Terms of Use before being permitted to use the Product or the applicable account and related services.

All Products offered on the Store are subject to availability. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain Products without prior notice.
To the extent permitted under applicable laws, we make no representations, warranties or conditions as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any Products available through the Store. Such information and the availability of any Product (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice. We use reasonable endeavors to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.

Prices are stated in US dollars and all transactions will be in US dollars. You are responsible for any foreign exchange fees charged by your bank or the payment processor to facilitate a transaction in another currency.
Unless otherwise stated, all Prices and transactions are exclusive of all sales, use, and excise taxes, and any other similar taxes, customs, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs, and taxes.
We reserve the right to change prices at any time, but changes will not affect any order for Products you have already placed prior to the change in price. We do not provide price protection or refunds in the event of a price drop or promotional offering. In the event that a Product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for the Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit or debit card account in the amount of the incorrect price paid.

Terms. Any payment terms presented to you in the process of purchasing your Products are deemed part of these Terms of Sale and are incorporated herein by reference. By providing a credit card or other payment method accepted by Vyvo SocialFi, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our Payment Processor (as defined below)) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any payment problem we encounter to proceed with your order. In the event you want to change or update payment information associated with your Account, you can do so at any time by logging into your Account and editing your payment information. Product Credits. In some cases we may allow third parties to promote and sell vouchers that are exchangeable for our Products. Products purchased using such vouchers will be subject to these Terms of Sale. Billing. We may collect payments for the Products from you directly or we may use a third-party payment processor (“Payment Processor”) to bill you through a payment account selected by you at checkout or linked to your Account. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to these Terms of Sale. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Product, you agree to pay us, either directly or through a Payment Processor, all amounts for the applicable order in accordance with the applicable payment terms and you authorize us, through a Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due for your order and/or on your Account upon demand.

Purchases from the Store are intended for end users only and are not authorized for resale. We reserve the right to refuse or cancel your order if we suspect you are purchasing Products for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by vGeneration to the freight carrier. You are responsible for compliance with all customs and duties obligations related to your import of the Products.

Our delivery charges and methods are as described on the Store website. The estimated arrival or delivery date is not a guaranteed delivery date for your order, and you agree that we are not liable for late deliveries. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund. Where we determine, in our sole discretion that you were at fault for the refused delivery due to providing an incorrect address, or unavailability or unwillingness to receive the shipment, any refund will be reduced by the shipping costs.
Our Return Policy. Vyvo SocialFi accepts all unworn apparel and accessory returns within 30 days of delivery, unless marked as final sale. You may request a return at support@wearevgen.com.com. Vyvo SocialFi reserves the right to reject the return and deny the refund request if the product is worn or used. The foregoing return policy is in addition to (and not in place of) your consumer cancellation right that enables you to cancel your purchase within 14 days after the date on which you entered into this Agreement. If you wish to exercise your consumer cancellation rights, simply notify us using the details provided in Section 24. If you cancel your purchase pursuant to your statutory rights, you must return the Products to us within 14 days. You are responsible for your costs of returning the Products to us when exercising this right.

As a consumer, you have certain rights under law and nothing in these Terms of Sale can, or is intended to, limit or remove these rights. We don’t exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so, including for faulty or misdescribed goods.
EXCEPT FOR THE LIMITED WARRANTIES LISTED BELOW, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE STORE, AND ALL PRODUCTS, SERVICES, AND CONTENT AVAILABLE ON THE STORE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

You use any and all Products at your own discretion and risk. You will be solely responsible for (and vgeneration disclaims) any and all loss, liability, or damages resulting from your use of a Product, including damage or loss to your Product, and any other peripherals, accessories, or apparel connected to the Product.

All Products are marketed and sold pursuant to Vyvo SocialFi’s published product specifications available through our Store at the time of sale (the “Product Specifications”). These Product Specifications supersede all previous or contemporaneous representations, whether written or oral, which may have been made regarding the Products. You represent and agree that in making purchases through the Store, you have not relied on any statements, representations or claims made by Vyvo SocialFi personnel, or others, including through social media or any other media, that are not set forth in the Product Specifications.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF THE AMOUNT PAID FOR A PARTICULAR PRODUCT, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In some jurisdictions, consumer protection laws may not allow certain disclaimers or exclusions or limitations of liability and consequently some of the disclaimers, exclusions and limitations of liability in these Terms of Sale may not apply in whole or in part. We do not seek to exclude or limit our liability that cannot be excluded of restricted by applicable law.

By placing an order for Products, you agree and understand that Vyvo SocialFi may store, share, process and use data collected from your order for the purposes of processing the order. Vyvo SocialFi will process your information in accordance with our Privacy Policy. Vyvo SocialFi works with other companies that help Vyvo SocialFi provide Products to you, such as freight carriers and credit card processing companies, and you direct Vyvo SocialFi to share certain information with these companies for this purpose.
You are communicating with Vyvo SocialFi electronically when you use the Store or send an email to Vyvo SocialFi. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order through the Store, we collect and store your email address. From that point forward, your email address is used to send you information about our products and services unless you opt-out of such emails.
Vyvo SocialFi may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on the Vyvo SocialFi website. Vyvo SocialFi is not responsible for any automatic filtering you or your network provider may apply to email notifications. Vyvo SocialFi recommends that you add @vyvosocialfi.com URLs to your email address book to help ensure you receive email notifications from Vyvo SocialFi. For notifications made by e-mail, the date on which the message is sent will be deemed the date on which such notification is transmitted.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Notwithstanding anything contained herein, Vyvo SocialFi may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
These Terms of Sale, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction, provided such assignment does not affect your rights under these Terms of Sale. These Terms of Sale will inure to the benefit of our successors and permitted assigns.
If any provision of these Terms of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Sale, which shall remain in full force and effect.
The obligations in Sections 8 through 22 and any other Sections that, by their nature, should survive termination, will survive any expiration or termination of these Terms of Sale.
Failure by us to act on or enforce any provision of these Terms of Sale shall not be construed as a waiver of that provision or any other provision in these Terms of Sale. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

You will not export or re-export, directly or indirectly, the Products or Services, or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, U.S. export control laws and regulations.

You represent and warrant that you are not the subject or target of, and that you are not located in a country or territory (including without limitation, North Korea, Cuba, Iran, Syria, and Crimea) that is the subject or target of, economic sanctions of the United States, European Union or other applicable jurisdictions.

These Terms of Sale, and any disputes arising out of or in connection with them (including non-contractual disputes), are governed by Singapore law and you can bring legal proceedings in relation to the Products, Services or these Terms of Sale in the Singapore courts.
For support and other resources, you may also contact us via e-mail at info@vyvosocialfi.com or by post at
vGen Global Pte. Ltd.
531A UPPER CROSS STREET
#04-95 HONG LIM COMPLEX
Singapore 051531

Additional terms may apply to certain Products. In the event there is a conflict between these Terms of Sale and any additional terms, the additional terms will control.