Terms and Conditions


Terms and Conditions

Please read through our terms of use carefully before placing your order and/or using our website. When you use the InstantlyVivid website and/or place an order, you agree to terms and conditions set out below and are bound by them. If you do not agree to all of the terms of the Agreement, you are NOT AUTHORIZED to access or use the Website or to purchase products or services from the Website.

The terms “we” and “us” refer to InstantlyVivid. We also suggest reading our Privacy Policy Statement relating to personal information provided by you.

You acknowledge that this Agreement is legally binding and governs your use of the Website and the purchase of any products and services. When you submit an order for a product or service, you are certifying that you have read, understood, and agree to be bound by, all of the terms in the Agreement.

Changes to Terms

 

The following terms may change without notice to you and will apply to any future orders received. It is your responsibility to review these changes and your continued use of the InstantlyVivid site represents your understanding and acceptance of these changes.

Delivery

 

Please note that all orders are shipped from our US-based manufacturers. Charges may vary based on the contents of the order. Non-US customers should contact their local customs office for further information on current import regulations. Customers recognize they are responsible for paying any applicable import duties and taxes.

Please email customer service in order to find out specific information about your InstantlyVivid order - support@instantlyvivid.freshdesk.com

APO Addresses

 

Your order will be delivered by either the United States Postal Service (USPS) or by a US courier. Most orders will be delivered by USPS so the parcel will be received with your regular mail, depending on your order. If you aren’t available when the delivery is made, the mail carrier will leave a card instructing how and where your delivery can be picked up. A signature may be required for larger deliveries.

 

Canada Shipping and Handling Costs

 

Most of the time, we require 1 business day to process your order. As soon as we’ve confirmed your information, your order will be shipped via USPS International First.

 

Arrival time is usually 2-5 business days. Remote Canadian locales may require an additional 1-3 business days for delivery. Clearance in customs may add additional time to your delivery.

All orders are charged in U.S dollars. Conversion rates apply and will vary depending on your bank and credit card company. If you have further questions, please contact your bank or credit card provider.

 

Product Information

 

We do everything in our power to accurately depict the products we sell. It should be noted that the actual colors you see will depend on your monitor. Because the variety of computer hardware used by our customers, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery.

We have done our best to provide details, descriptions and prices of products on our site that are accurate. If we feel a product has been misrepresented, we reserve the right to refuse orders.

Prices are subject to change without notice and do not include sales tax and shipping charges, which will be added where applicable. Products ordered are subject to availability. There is a delay between order placement and the time when the order is accepted. Due to this, there may be inventory changes in the availability of the product. If availability changes, we will notify you as soon as possible.

Returns or Exchanges

It is your responsibility to return unwanted item(s) to InstantlyVivid. InstantlyVivid will exchange your products at no charge, one-time (domestic only). Subsequent exchanges are the responsibility of the customer.

You have 7 days from the day your order arrives in the mail to review, and if necessary, return or exchange it. Your return package must be postmarked no later than 7 days from the original USPS/UPS delivery confirmation.

Once we receive your return, InstantlyVivid will send you your exchanged item(s) within one business day. If there is any issue, such as the item being out of stock, we will notify you by email or phone as soon as possible.

 

We are unable to accept returns/exchanges if:

-Item(s) were a final sale item

-Item(s) are in any way defective from the original and salable condition

-Item(s) have been altered

-Item(s) do not have the original packaging

 

Please follow these instructions when completing a return or exchange:

Place items in a box with email confirmation or original receipt and a note detailing your preference for either exchange or refunds. We cannot process an exchange or refund unless you provide return tracking information. 

Mail your package to:

 

InstantlyVivid

ATTN: Returns

2941 battleground ave STE# 39282
greensboro nc 27408

Refunds

Refunds will be issued to the credit card used during your purchase, or in the form of store credit. Refunds cannot be issued to an alternative credit card, account, or payment method. Once we have received your returned item(s), we will inspect them and process your exchange or refund request within 48 hours.

 

Unfortunately, we can not give refunds for used or altered items. It should be noted that we cannot refund shipping fees except in cases of shipping errors.

Our restocking fee is $9.95 per item and will be applied to all returns.

 

If you have any questions, feel free to reach us any time at support@instantlyvivid.freshdesk.com

 

Trial Use Offer and Subscription

To help you get started, we offer our customers not only products at retail price but also the option for enrollment in our Company's monthly home delivery program ("Subscription"). We want you to try the product to determine if it is right for you. When you submit your order, you will receive the product, subject to a 14 day trial use period, together with a Subscription. You agree to pay the non-refundable discounted Shipping & Handling cost of $4.95 for a trial of the product, which will contain a 30 day supply. To utilize this option please select the trial option on the product page variant selection.

If for any reason you do not find that the product is right for you, you may call our Customer Service center at 18554123144 to process a written cancellation, or simply send an email with the written subject heading "Cancellation", to support@instantlyvivid.freshdesk.com. If you cancel your Subscription before the end of the 14-day trial use period, you will receive an RMA # by email to return the product within 30 days from the date the was RMA issued. If we receive the product within 30 days, we will not charge the full price for the product. Your 14-day trial use period begins from the order date.

If you cancel your Subscription before the last day of the trial use period, we will not charge the full price for the product. Your 14-day trial use period begins from the order date.

Important terms and disclosures - please read carefully.

When you place your order by clicking the "subscribe" button, IF "Expedited Shipping & Rewards Program” is selected, you are accepting the following terms relative to the “Expedited Shipping& Rewards” offer: Your card on file will only be billed $2.49 and you will be enrolled in a free thirty (30) day preview of LotusVip Rewards, where you will have ongoing and unlimited access to leggings and wellness benefits, and receive $100 in Reward Dollars every month you are an active customer, good towards hundreds of thousands of deals savings. Your rewards are not gift cards or gift certificates, have no cash value, and are available online only. If you choose to continue the LotusVip Rewards program beyond the free thirty (30) day preview, you will be billed $4.95 each month for continued access to LotusVIP Rewards. You may cancel your LotusVIP Rewards account at any time by calling 18554123144, 24/7 365.

Subscription - Customers enrolled for a Subscription will automatically receive a 30 day supply of the product approximately every 30 days, without any further action on your part. As consideration for each 30 day supply, we will charge your credit/debit card the full retail amount beginning on the 30th day from the order date and every 30 days continuously thereafter until you choose to cancel your Subscription in writing. This constitutes your only notice of the Subscription delivery/billing schedule, and no further notice will be sent to you by the Company. To cancel your Subscription at any time, you may contact customer support at support@instantlyvivid.freshdesk.com, or call 18554123144.

 

Address:

InstantlyVivid

2941 battleground ave STE# 39282
greensboro nc 27408

18554123144

Subscription Enrollment

BY COMPLETING AN ORDER, YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION (I.E., ENROLLMENT FOR A SUBSCRIPTION), AND THAT YOU MAY BE LIABLE FOR THE PAYMENT OF FUTURE PRODUCTS AND SERVICES UNDER THE TERMS HEREOF IF YOU FAIL TO NOTIFY THE COMPANY IN WRITING NOT TO SUPPLY THE PRODUCTS OR SERVICES DESCRIBED. YOU MAY CANCEL THE SUBSCRIPTION IN WRITING AT ANY TIME AS SPECIFIED ABOVE.

Cancellations

If you elect to cancel prior to the 14 day trial use as stated above, you will not be charged for the product (though the Company will not refund amounts paid for Shipping and Handling), your enrollment for a monthly Subscription will be cancelled, and you will not receive any further delivery of product from the Company. You are only eligible to receive one (1) 14 day trial use from the Company.

If you elect to cancel after the 14 day trial use ( by notifying us in writing after 14 days of the order date), you may still cancel your Subscription; however, you will NOT be entitled to a refund for any product delivered or any payment(s) for such and you will remain liable for any unpaid charges billed through the date of your cancellation (which shall be effective upon the Company's receipt of written notice of cancellation). Future monthly shipments of the product will be cancelled.

If you are not completely satisfied with the product, you may contact us by telephone at (US) 18554123144, or at support@instantlyvivid.freshdesk.com, and a Customer Service representative will assist you. By completing an order, you acknowledge, agree, and understand that cancellation in writing of the Subscription is your sole responsibility and that these Terms and Conditions set forth your sole right and remedy with respect to any dispute with the Company arising out of any charges or cancellation.

If you cancel a one-off purchase of the product outside the first 14 days after you receive the product, you will not be eligible for a refund of either the product retail price or the shipping & handling fee.

BILLING / ELECTRONIC SIGNATURE:

In consideration of the Company's delivery of the products you order, you agree to timely pay the purchase price and related costs (including Shipping and Handling) when such sums are due and owed. You may choose to pay with a credit or debit card. The Company's authorization to ship and bill you for any products ordered is obtained by way of your electronic signature. Once an order is electronically signed by you, the order constitutes an agreement for the purchase of the products specified. You agree that the Company may rely upon your electronic signature as confirming your agreement to purchase the products ordered. The Company's reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures, which shall hereby be deemed waived by you.

All products purchased by you from the Company are further subject to the terms of a shipment contract and the risks of loss and title for such products pass to you upon the Company's delivery of the products to the carrier for your benefit.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND/OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCT, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

LIMITED REMEDIES; DISPUTE RESOLUTION:

Except as otherwise provided herein, this Agreement confirms that the Company's sole legal responsibility and liability for any product timely rejected and returned (i.e., for untimely or non delivery, for nonconforming products, for mishandling or product defects of any kind) shall be to refund the purchase price paid for, or to replace, any product, at the option of the Company.

ACCEPTANCE OF AGREEMENT:

You agree to the terms and conditions of this Agreement. This Agreement constitutes the entire and only agreement between you and Company with respect to your use of the Website and purchase of our products, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect thereto. The content contained herein and/or the analyses, research, opinions and other information provided by or through the Website, through Customer Support, or through any other agent of the Company may be updated and/or amended from time to time, in whole or in part, at any time without specific notice to you. The latest terms of this Agreement will be posted on the Website. Your continued use of the Website and/or receipt of new products delivered to you following any updates or amendments shall constitute your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. You agree to and shall regularly check the Website for such updates and/or amendments. Unless expressly stated otherwise, any future offer(s) or product(s) made available to you by the Company on the Website shall be subject to the terms of this Agreement at the time of your purchase. The Company is not responsible or liable in any manner whatsoever for your inability to use the Website and/or to order products. The Website and products offered are available only to individuals who are at least eighteen (18) years of age. The Company reserves the right, in its sole discretion, to deny any order of anyone at any time and for any reason, whatsoever. You certify that you are eighteen (18) years of age and agree to provide true, accurate, current and complete information when asked for such information.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

NOTICE - INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES AND REGULATIONS CHANGE PERIODICALLY. ACCORDINGLY, THE COMPANY RESERVES THE RIGHT TO MAKE CHANGES TO THIS TO WEBSITE AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ANY NEW OR AMENDED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITE.

NOTICE - THE COMPANY IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), NOR IS THE INFORMATION PROVIDED BY YOU TO COMPANY CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THIS AGREEMENT.

Contact Us

If you have any questions about the Agreement, the product, a Subscription and/or about the practices of Company, please feel free to call a Customer Service representative:

by post at: InstantlyVivid, 2941 battleground ave STE# 39282
greensboro nc 27408

by e-mail at: support@instantlyvivid.freshdesk.com

by phone at: 18554123144 for US Customers