No. of Retail Locations
Authorized Retailer Terms and Conditions
Please note we amend these Terms and Conditions from time to time at the Companys’s sole
discretion. These Terms and Conditions were most recently updated on January 31, 2016.
1.Information About Us
We operate the website
www.vivafemina.com. We are Viva
Femina Inc., a corporation formed in USA and having its
usual place of business at 12799 Archer ave, Lemont, IL. 60439.
2. Use of Viva Femina Site
2.1. Your use of our site is governed by our Terms of Website Use. Those Terms of
Use are available to view on our website www.vivafemina.com. Please take time to read these,
as they include important Terms and Conditions which apply to you.
2.2. Approved Viva Femina Authorized Retailer Salon agree to be listed on the Viva
Femina Inc. website www.vivafemina.com, in our Find Retailer Salon Page. Prepare yourself for leads!
3. Viva Femina Product(s), Product(s) Packaging and Liability
3.1. The images of the products on our site are for illustrative purposes only.
Although we have made every effort to display the colors accurately, we cannot guarantee that your
computer's display of the colors reflects the color of the products. Pictures of products may look
different on different monitors with different settings and provided for initial references only. We
cannot guarantee that what you see on the screen will look exactly as an actual product. Your
received product(s) may vary slightly from those images. This does-not mean that product defective
or mis-shipped. However if you are confident that you have received the item in a wrong color,
please contact our customer service.
3.2. The packaging of the products may vary from that shown on image on our site.
3.3. All products shown on our site are subject to availability. We will inform you
by email as soon as possible if the product you have ordered is not available.
3.4. Viva Femina makes reservations for printing-errors, price changes and sold-out
3.5. Viva Femina products purchased by Authorized Retailer Salon from Viva Femina
can only be sold in a retail environment or salon/stylists application on clients. Products being
sold online in an e-commerce shopping cart will not be allowed. However, you may advertise that you
use and sell Viva Femina products through your website through static graphics or text.
3.6. Must retail Viva Femina branding on all products purchased from Viva Femina. If
Authorized Retailer are not able to abide, their Authorized Retailer status will be revoked and
they will not be able to obtain discounted pricing on Viva Femina product(s) in the future.
4. How We Use Your Personal Information
take time to read these as they include important terms which apply to you.
5. Social Media Promotions All Viva Femina Authorized Retailers are subject to
social media promotion by Viva Femina. Examples may include New Authorized Retailer Announcements
and/or tagging photos on Instagram, Twitter and Facebook. We highly encourage our Authorized
Retailers to return the favor!
6. Your Account
When you register for an Authorized Retailer’s account on the Site, you will be asked to create
a password. You agree to be responsible for maintaining the confidentiality of your account details
and password, for restricting access to your computer to prevent unauthorized access to your account
and you agree to accept responsibility for all activities that occur under your account or password.
You may not assign or otherwise transfer your account to any other person or entity. You agree to
promptly notify us if you have a reason to believe that your account details or password have
been lost, or if they are likely to be used in an unauthorized manner. You acknowledge that Viva
Femina is not responsible for third party access to your account that results from theft or
misappropriation of your account. Viva Femina will not be liable, directly or indirectly, for any
loss or damage of any kind incurred as a result of, or in connection with, your failure to comply
with this section of the Terms and Conditions.
7. Authorized Retailer's Remedies
If Viva Femina, for any reason whatsoever, fails or is unable to deliver any Viva Femina
products ordered by Authorized Retailer, the Authorized Retailer's sole and exclusive
remedy shall be the recovery of the purchase price, if any, paid by the Authorized Retailer to Viva
Femina for such Viva Femina products. Viva Femina shall not incur any liability whatsoever for any
delay in the delivery to the designated delivery location of any Viva Femina products. In no event
shall Viva Femina be liable for any incidental, consequential or other damages arising out of any
failure to deliver Viva Femina products to the Authorized Retailer or any delay in the delivery
8. Force Majeure
Viva Femina shall be excused from delay or non-performance in the delivery of an order and the
Authorized Retailer shall have no claim for damage if and to the extent such delay or failure is
caused by occurrences beyond the control of the Viva Femina including, but not limited to, market
conditions act of God; war, acts of terrorism, riots and civil disturbances; expropriation of
confiscation of facilities or compliance with any order or request of governmental authority
strikes, labor or employment difficulties, whether direct or indirect; or any cause whatsoever which
is not within the reasonable control of the Viva Femina. Viva Femina shall immediately notify the
Authorized Retailer of the existence of such force majeure condition and the anticipated extent of
the delay or non-delivery. Viva Femina shall, in such event, have the right to allocate available
Viva Femina products among its customers in its sole discretion.
9. Relationship of Parties
The Relationship of the parties established by this Agreement is that of vendor and vendee, and all
work and duties to be performed by the Authorized Retailer as contemplated by this Agreement shall
be performed by it as an independent contractor. Nothing in this Agreement will create any
partnership, joint venture, agency, franchise, sales representative, or employment relationship
between you The full cost and responsibility for hiring, firing and compensating employees of the
Authorized Retailer shall be borne by the Authorized Retailer.and us.
10. No Authority to Bind Viva Femina
Nothing in this Agreement or otherwise shall be constituting an appointment of the Authorized
Retailer as an agent, legal representative, joint venturer, partner, employee or servant of the Viva
Femina for any purpose whatsoever. The Authorized Retailer is not authorized to transact the
business, incur obligations, sell goods, solicit orders, or assign or create any obligation of any
kind, express or implied, on behalf of the Viva Femina , or to bind it in any way whatsoever, or to
make any contract, promise, warrantee or representation on the Viva Femina's behalf with respect to
products sold by the Viva Femina or any other matter, or to accept any service of process upon the
Viva Femina or receive any notice of any nature whatsoever on the Viva Femina's behalf.
11. Indemnifications. Under no circumstances shall the Viva Femina be liable
for any act, omission, contract, debt or other obligation of any kind of the Authorized Retailer or
any salesman, employee, agent or other person acting for or on behalf of the Authorized Retailer.
The Authorized Retailer shall indemnify and hold the Viva Femina harmless from any and all claims,
liabilities, losses, damages or expenses (including reasonable attorneys, fees and costs) arising
directly or indirectly from, as a result of, or in connection with, the Authorized Retailer's
operation of the Authorized Retailer's business. The terms of this indemnity shall survive the
termination of this Agreement.
12. Compliance with Laws In connection with your participation in the Program you
will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits,
judgments, decisions, and other requirements of any governmental authority that has jurisdiction
over you, including laws (federal, state, or otherwise) that govern marketing email (e.g., the
CAN-SPAM Act of 2003).
13. Term and Termination The term of this Operating Agreement will begin upon your
acceptance of the Terms and Conditions agreement and will end when terminated by either you or us.
Either you or we may terminate this Operating Agreement at any time, with or without cause, by
giving the other party written notice of termination. We may withhold accrued unpaid commission fees
for a reasonable period of time following termination to ensure that the correct amount is paid
(e.g., to account for any cancelations or returns).
14. Modification We may modify any of the Terms and Conditions contained in this
Agreement at any time and in our sole discretion by posting a change notice, revised agreement on
the vivafemina.com site or email you to the email provided by you. IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION
IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED
OPERATIONAL DOCUMENTATION ON THE VIVAFEMINA.COM SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE
15. Limitation of Liability WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA)
ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, OPERATIONAL DOCUMENTATION, THE
KEMISTRY HAIR SITE, OR THE SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS
OPERATING AGREEMENT, THE PROGRAM, THE KEMISTRY HAIR SITE, AND THE SERVICE OFFERINGS WILL NOT EXCEED
THE TOTAL COMMISSION FEES PAID OR PAYABLE TO YOU UNDER THIS OPERATING AGREEMENT IN THE TWELVE MONTHS
IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY