TERMS AND CONDITIONSOF SALE

TERMS AND CONDITIONS OF SALE

Please read all these terms and conditions. As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07985 728686.

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Novaug Ltd T/A Vive la Frog a company registered in England and Wales under number 09228799 whose registered office is at 44 Normandy Rd, West Sussex, BN14 7EA with email address hello@vivelafrog.com; telephone number 07985 728686 (the Supplier or us or we).

2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;

5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

6. Goods means any goods that we supply to you, of the number and description as set out in the Order;

7. Order means the Customer's order for the Goods from the Supplier as set out overleaf

Goods

8. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.

9. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.

Basis of Sale

10. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.

11. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.

12. A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier's delivery of the Goods to the Customer.

13. Any quotation is valid for a maximum period of 15 days from its date, unless we expressly withdraw it at an earlier time.

14. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

15. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises.

If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.

Price and Payment

16. The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.

17. Prices and charges include VAT at the rate applicable at the time of the Order.

18. Payment for Goods must be made within 2 days of invoice. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

19. We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

20. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on time was essential; or

b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

21. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

22. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.

23. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

24. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

25. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

26. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

27. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

28. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.

29. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal

30. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

Conformity

31. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

32. Upon delivery, the Goods will:

a. be of satisfactory quality,  b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and c. conform to their description.

33. It is not a failure to conform if the failure has its origin in your materials.

Circumstances beyond the control of either party

34. In the event of any failure by a party because of something beyond its reasonable control:

a. the party will advise the other party as soon as reasonably practicable; and b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.

Privacy

35. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

36. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found the data protection policy can be found on our website.

37. For the purposes of these Terms and Conditions:

a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

b. 'GDPR' means the UK General Data Protection Regulation.

c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

38. We are a Data Controller of the Personal Data we Process in providing the Goods to you.

39. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b. we will only Process Personal Data for the purposes identified; c. we will respect your rights in relation to your Personal Data; and d. we will implement technical and organisational measures to ensure your Personal Data is secure.

40. For any enquiries or complaints regarding data privacy, you can email: hello@vivelafrog.com.

Excluding liability

41. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).

Governing law, jurisdiction and complaints

42. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

43. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

44. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us directly. We will aim to respond with an appropriate solution within 5 days.

Privacy policy

PRIVACY POLICY

This privacy policy applies between you, the User of this Website, and Novaug Ltd T/A Vive la Frog, the owner and provider of this Website. Novaug Ltd T/A Vive la Frog takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website. Please read this privacy policy carefully.

Definitions and interpretation

1. In this privacy policy, the following definitions are used:

Data : collectively all information that you submit to Novaug Ltd T/A Vive la Frog via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;

Data Protection Laws : any applicable law relating to the processing of personal Data, including but not limited to the GDPR, and any national implementing and supplementary laws, regulations and secondary legislation;

GDPR : the UK General Data Protection Regulation;

Novaug Ltd T/A Vive la Frog, we or us : Novaug Ltd T/A Vive la Frog, a company incorporated in England and Wales with registered number 09228799 whose registered office is at 44 Normandy Rd, West Sussex, BN14 7EA;

User or you : any third party that accesses the Website and is not either (i) employed by Novaug Ltd T/A Vive la Frog and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Novaug Ltd T/A Vive la Frog and accessing the Website in connection with the provision of such services; and

Website : the website that you are currently using, www.vivelafrog.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. In this privacy policy, unless the context requires a different interpretation:

a. the singular includes the plural and vice versa;

b. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;

c. a reference to a person includes firms, companies, government entities, trusts and partnerships;

d. "including" is understood to mean "including without limitation";

e. reference to any statutory provision includes any modification or amendment of it;

f. the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

3. This privacy policy applies only to the actions of Novaug Ltd T/A Vive la Frog and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

4. For purposes of the applicable Data Protection Laws, Novaug Ltd T/A Vive la Frog is the "data controller". This means that Novaug Ltd T/A Vive la Frog determines the purposes for which, and the manner in which, your Data is processed.

Data collected

5. We may collect the following Data, which includes personal Data, from you:

a. name;

b. contact Information such as email addresses and telephone numbers;

c. financial information such as credit / debit card numbers; in each case, in accordance with this privacy policy.

How we collect Data

6. We collect Data in the following ways:

a. data is given to us by you; and

b. data is collected automatically.

Data that is given to us by you

7. Novaug Ltd T/A Vive la Frog will collect your Data in a number of ways, for example:

a. when you contact us through the Website, by telephone, post, e-mail or through any other means; b. when you make payments to us, through this Website or otherwise; c. when you elect to receive marketing communications from us; d. when you use our services; in each case, in accordance with this privacy policy.

Data that is collected automatically

8. To the extent that you access the Website, we will collect your Data automatically, for example:

a. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.

Our use of Data

9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

a. internal record keeping; b. transmission by email of marketing materials that may be of interest to you; in each case, in accordance with this privacy policy.

10. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).

11. For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:

a. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out. b. for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide. c. if you are not satisfied with our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.

Who we share Data with

12. We may share your Data with the following groups of people for the following reasons:

a. our employees, agents and/or professional advisors - To administer the business, manage orders and deliveries, deals with returns and refunds, to obtain advice from professional advisers; b. relevant authorities - to facilitate the detection of crime or the collection of taxes or duties if required by law; in each case, in accordance with this privacy policy.

Keeping Data secure

13. We will use technical and organisational measures to safeguard your Data, for example:

a. access to your account is controlled by a password and a user name that is unique to you. b. we store your Data on secure servers.

c. payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when we use this technology.

14. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: hello@vivelafrog.com.

15. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Data retention

16. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.

17. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

18. You have the following rights in relation to your Data:

a. Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why. b. Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.

c. Right to erase - the right to request that we delete or remove your Data from our systems. d. Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it. e. Right to data portability - the right to request that we move, copy or transfer your Data. f. Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.

19. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: hello@vivelafrog.com.

20. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.

21. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

Links to other websites

22. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

23. Novaug Ltd T/A Vive la Frog may, from time to time, expand or reduce our business and this may involve the sale and /or the transfer of control of all or part of Novaug Ltd T/A Vive la Frog. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

24. We may also disclose Data to a prospective purchaser of our business or any part of it.

25. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

General

26. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

27. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

28. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

29. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

30. Novaug Ltd T/A Vive la Frog reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

You may contact Novaug Ltd T/A Vive la Frog by email at hello@vivelafrog.com.

Attribution

31. This privacy policy was created on 01 September 2022.

Return and refund policy

Return and refund policy

 

You are always welcome to return or exchange your purchased item if it is not right for you or if it is faulty or damage. This item must be returned to the below address in its original condition (in the condition you received it).

 

If the item you received is not right for you

Fill out your return form correctly for the product you are returning, explain the reason for the return, and indicate if you are waiting for a refund or would like an exchange. Repackage the item in the original box and packaging. We won’t be able to process your refund if we receive an item damaged because the packaging you used was insufficient. Take your parcel to any Post Office and obtain a tracking number – this will speed up the process and will legitimize that your parcel is on its way back to us.

The address for returns is:

C. Toucand Novaug LTD T/A Vive la Frog! 44 Normandy Rd Worthing BN14 7EA - UK

The shipping cost for the returned items is paid by you. We will only compensate the shipping charges in case of returning damaged item.

 

If your order has arrived damaged

We are sorry that you received a damaged item. Please advise us as soon as possible and send photos of the damage to hello@vivelafrog.com

Return this item to us as soon as possible so that we could process the refund. Please bear in mind that all items are inspected on return.

Because our lampshades are one-off creations, we are unfortunately not in a position to offer a replacement if your lampshade has arrived damaged.

If your lampshade has reached you damaged, please send it back as soon as possible so we can refund you. For any other item, we will refund you in full (including postage back to us) or replace the item and send it to you for free (if it is still available from our stock).

 

If you did not receive the correct item

We are sorry that you received an incorrect item. Please advise us as soon as possible and send photos of the item you received to hello@vivelafrog.com. Fill out your return form correctly with your order number, the product you are returning, the reason for the return, and indicate if you are waiting for a refund or would like an exchange. Return this item to us as soon as possible so that we could process your exchange/refund and send you the correct item if you still want it and if it is still available. Please note that Vive la Frog! shall not be liable if you received an incorrect item and if the original item you wished to buy has been purchased while we process your exchange. In such a case, you will receive a full refund (including shipping costs to you and back to us). Please bear in mind that all items are inspected on return and no refund will be granted if an item has been received incorrectly packaged and damaged.

 

How to return an undamaged item received in error

Repackage the item in the original box and packaging. We won’t be able to process your refund if we receive a damaged item due to the use of inappropriate packaging on your part. Take your parcel to any Post Office and obtain a tracking number – this will speed up the process and will legitimize that your parcel is on its way back to us. We will not be able to process a refund if we do not receive the item back and you cannot provide us with a tracking number.

The address for returns is:

C. Toucand Novaug LTD T/A Vive la Frog! 44 Normandy Rd Worthing BN14 7EA - UK

The shipping cost for the returned items is paid by you. We will only compensate the shipping charges in case of returning damaged item.

 

What Happens Next

We’ll send you an email as soon as we’ve received your return in its original condition. Your item will then be inspected, and we will process your return. If the condition an item has been returned in is inappropriate (e.g. tags have been removed, the fabric is stained or there are signs of wear) and we’re unable to put it back into stock, we may not be able to accept your return and no refund will be issued. In such a case, we can send you back the item, at your cost, or dispose of it as we see fit. If the item has been returned to us in its original condition, you will receive compensation within 10 business days depending on the payment method you used for purchasing the returned item. If you paid by credit/debit card, we will refund the balance of your credit/debit card. If you paid using PayPal, we will refund the balance to your PayPal account.

 

Returning a damaged/faulty item

We are sorry that you received a damaged or faulty item. Please advise us as soon as possible and send photos of the damage to hello@vivelafrog.com. Return this item to us as soon as possible so that we could process the refund. Please bear in mind that all items are inspected on return.

 

Returning an incorrect item

If one of the items you received isn't what you ordered, please send it back to us, and once inspected, we will issue a refund or send you the correct item.

 

Refunds/Options if we replace an item

We will replace the damaged/incorrect/unsuitable item with another one of the same value.

We will replace the damaged/incorrect/unsuitable item with another one of a higher value if you pay the difference in price.

We will replace the damaged/incorrect/unsuitable item with another one of a lower value and refund you the difference in price.

Although you are free to choose preferred compensation, we reserve the right to change the list of available compensation options depending on the items returned, customer location, banking circumstances, etc.

Payment Methods

- Credit / Debit Cards
- PAYPAL

- Offline Payments via BACS on request