Last Updated: September 8, 2026
Welcome to VIVIA NEW YORK.
These Terms & Conditions (“Terms”) govern your access to and use of vivianewyork.com (the “Website”), including purchases made through the Website and your use of services provided in connection with the Website.
Throughout these Terms, “VIVIA NEW YORK,” “VIVIA,” “we,” “us,” and “our” refer to the business operating the VIVIA NEW YORK online store.
By accessing or using the Website, placing an order, or otherwise using our services, you agree to these Terms to the extent permitted by applicable law.
Please read these Terms carefully before using the Website or placing an order.
1. ABOUT VIVIA NEW YORK
VIVIA NEW YORK is the name used for this online store.
Our current business information is:
Store: VIVIA NEW YORK
Website: vivianewyork.com
Email: support@vivianewyork.com
Our customer service team is available Monday through Sunday, 9:00 AM–5:00 PM, New York local time (Eastern Time).
We aim to respond to customer inquiries within 24 hours.
2. SCOPE OF THESE TERMS
These Terms apply to your use of the Website and purchases made through the Website.
Additional policies form part of the terms applicable to your use of our store, including our:
Shipping & Payment Policy;
Return & Refund Policy;
Cancellation Policy;
Privacy Policy; and
Cookie Policy.
Where a specific policy contains more detailed provisions concerning a particular subject, that policy should be read together with these Terms.
Nothing in these Terms is intended to exclude or limit rights that cannot lawfully be excluded or limited.
3. ELIGIBILITY
By placing an order through our Website, you represent that you have the legal capacity to enter into the transaction or are otherwise authorized to make the purchase under applicable law.
You may not use the Website or our services for unlawful or fraudulent purposes.
4. UNITED STATES MARKET
VIVIA NEW YORK currently operates its consumer storefront for customers in the United States.
We currently ship to all 50 U.S. states, subject to our Shipping & Payment Policy and any shipping limitations displayed during checkout.
P.O. Boxes are supported where the applicable carrier can complete delivery.
We currently do not ship to APO, FPO, or DPO military addresses.
Availability of products, delivery options, payment methods, and other services may vary depending on location.
5. PRODUCTS
We sell fashion products, including women's and men's fashion.
We make reasonable efforts to display and describe products accurately.
Product information may include:
Photographs;
Colors;
Sizes;
Measurements;
Materials;
Features;
Product descriptions;
Availability; and
Other relevant information.
However, the appearance of a product may vary slightly depending on factors such as screen settings, lighting, photography, production variations, and device characteristics.
We do not guarantee that a device's display of a color will perfectly reproduce the physical product.
Nothing in this section limits applicable rights relating to products that are defective, materially misdescribed, or otherwise non-conforming under applicable law.
6. PRODUCT AVAILABILITY
All products and orders are subject to availability.
Placing an item in a shopping cart does not reserve that item.
In rare circumstances, a product may become unavailable after an order has been submitted.
If we cannot fulfill an ordered item, we may cancel the affected item or order and issue an applicable refund.
We may also limit quantities where reasonably necessary, including in cases involving suspected resale, fraud, inventory limitations, or technical errors.
7. PRICES
Product prices are displayed on the Website and may change from time to time.
Unless otherwise clearly indicated, prices shown on our United States storefront are displayed in U.S. Dollars (USD).
The price applicable to an order is generally the price displayed at the time the order is submitted, subject to these Terms and applicable law.
Prices displayed on the Website may be changed prospectively without prior notice.
8. SALES TAX
Applicable sales tax may be calculated and collected during checkout where required.
The amount of sales tax, if any, may depend on factors including:
Delivery destination;
Applicable state and local tax requirements;
Product type; and
Other legally relevant factors.
Any applicable tax charged on the order will be displayed during checkout.
Customs and import charges are addressed separately in our Shipping & Payment Policy.
9. ORDERS
Submitting an order through the Website constitutes an offer to purchase the products included in the order.
After an order is submitted, we may send an electronic order confirmation acknowledging receipt.
An automated order confirmation does not prevent us from cancelling an order where there is a legitimate reason to do so, including circumstances described in these Terms.
We reserve the right, to the extent permitted by applicable law, to reject or cancel an order where reasonably necessary.
Examples may include:
Product unavailability;
Payment authorization failure;
Suspected fraud;
Material pricing errors;
Material product-information errors;
Shipping restrictions;
Inability to fulfill the order; or
Violation of these Terms.
If we cancel an order after payment has been collected, we will provide an applicable refund for the cancelled amount.
10. ORDER INFORMATION
You are responsible for providing accurate and complete information when placing an order.
This includes, where applicable:
Name;
Email address;
Shipping address;
Billing information;
ZIP code; and
Other information required to process and deliver the order.
If you discover an error after placing an order, please contact:
as soon as possible.
We will make reasonable efforts to correct information before fulfillment or shipment, but we cannot guarantee that changes can be made once processing has begun.
11. PAYMENT
Payment must be completed using a payment method made available during checkout.
Depending on eligibility, device, and checkout availability, accepted methods may include:
Visa;
Mastercard;
American Express;
Shop Pay;
Apple Pay; and
Google Pay.
Payments are processed using the payment infrastructure available through our online store.
By submitting payment information, you represent that you are authorized to use the selected payment method and authorize the applicable payment provider to process the amount displayed at checkout.
Orders may be subject to payment authorization, fraud screening, and other security measures.
12. PAYMENT FAILURE AND FRAUD PREVENTION
If payment cannot be authorized or verified, we may decline or cancel the affected transaction.
We may take reasonable measures to prevent fraudulent or unauthorized transactions.
Where reasonably necessary, we may request additional information to verify an order or payment.
We reserve the right to refuse or cancel orders that we reasonably believe involve fraud, unauthorized payment activity, abuse, or unlawful conduct.
13. SHIPPING
Orders are generally processed within:
1–3 business days
After processing and dispatch, estimated transit and delivery is generally:
3–12 business days
Delivery times are estimates and may be affected by factors outside our reasonable control.
Complete shipping terms, including shipping destinations, tracking, carriers, P.O. Boxes, customs, and delivery issues, are provided in our Shipping & Payment Policy.
14. SHIPPING DELAYS
We make reasonable efforts to ship orders within the shipment timeframes communicated through our Website and policies.
If we determine that we cannot ship within an applicable promised shipment timeframe, we will provide the customer with appropriate notice and options regarding the delay, cancellation, and refund where required by applicable law.
Nothing in these Terms restricts applicable rights relating to delayed or unshipped merchandise.
15. SHIPPING CARRIERS
Orders may be transported or delivered by different logistics providers depending on the destination and fulfillment route.
These may include major U.S. carriers such as USPS, UPS, FedEx, or other qualified logistics or last-mile delivery partners.
We cannot guarantee that a particular carrier will be used for an individual order.
16. CUSTOMS AND IMPORT CHARGES
Some orders may move through international fulfillment or logistics networks before reaching the United States.
VIVIA NEW YORK's policy is that customers should not be required to pay additional customs duties or import clearance charges upon delivery.
Where customs duties, import charges, or applicable clearance costs arise as part of the fulfillment of an order, VIVIA NEW YORK will bear those costs in accordance with the applicable shipping arrangement.
If you unexpectedly receive a request to pay customs duties, import charges, or clearance fees in connection with a VIVIA NEW YORK order, please contact us before making payment.
Applicable U.S. sales taxes charged during checkout are separate from customs and import charges.
17. ORDER CANCELLATION
Customers may request cancellation within 24 hours after placing an order.
Cancellation requests should be submitted to:
We will make reasonable efforts to accommodate requests received during this period.
However, because processing may begin quickly, submitting a cancellation request does not guarantee that the order can still be cancelled.
If the order has already been dispatched, the customer may request an eligible return after delivery under our Return & Refund Policy.
Complete cancellation terms are provided in our Cancellation Policy.
Nothing in this section limits cancellation rights that cannot lawfully be excluded.
18. RETURNS
Eligible products may generally be returned within:
30 calendar days after delivery
subject to the conditions in our Return & Refund Policy.
For standard change-of-mind returns:
Return authorization is required;
The item must meet the applicable return conditions;
The customer is responsible for return shipping costs; and
No restocking fee is charged.
Please do not return an item without first obtaining return instructions.
19. DAMAGED, DEFECTIVE, OR INCORRECT PRODUCTS
If you receive an item that is damaged, defective, or materially different from what you ordered, contact:
as soon as possible.
We may request reasonable information or evidence, such as:
Order number;
Description of the issue;
Product photographs; and
Photographs of the packaging where relevant.
Depending on the circumstances, an appropriate solution may include a replacement, refund, or another remedy.
Where we require a product to be returned because it arrived damaged or defective or because VIVIA NEW YORK supplied the wrong item, the customer will not be required to bear the applicable return shipping cost.
Nothing in these Terms limits non-waivable rights or remedies under applicable law.
20. REFUNDS
Approved refunds will generally be issued to the original payment method.
Under our voluntary return policy, once an eligible return has been received, inspected, and approved, we aim to process the applicable refund within 7 business days.
After we issue a refund, the customer's financial institution or payment provider may require additional time to post the funds.
Where applicable law requires a refund within a different timeframe, we will comply with the applicable legal requirement.
21. PROMOTIONS AND DISCOUNT CODES
From time to time, we may offer:
Discount codes;
Promotional offers;
Sales;
Special pricing; or
Other promotions.
Promotions may be subject to additional terms displayed with the applicable offer.
Unless otherwise stated:
Promotions are available for a limited period;
Discount codes cannot be redeemed for cash;
Discount codes may be limited to one use per customer or order;
Multiple promotions may not be combinable;
Promotions may exclude certain products; and
Promotions may be modified or withdrawn prospectively where permitted by applicable law.
Any material restrictions applicable to a promotion will be disclosed in connection with the offer.
22. ERRORS AND INACCURACIES
We make reasonable efforts to keep Website information accurate.
However, occasional errors may occur in relation to:
Product descriptions;
Prices;
Promotions;
Availability;
Images;
Shipping information; or
Other Website content.
If a material error affects an order, we may contact you to provide appropriate information or options.
Where permitted by applicable law, we may correct errors and cancel transactions affected by genuine material errors.
If an affected order is cancelled after payment has been collected, we will refund the applicable amount.
23. INTELLECTUAL PROPERTY
Unless otherwise indicated, the Website and its content are owned by, licensed to, or lawfully used by VIVIA NEW YORK or the applicable rights holder.
This may include:
Brand names;
Logos;
Product photography;
Graphics;
Website design;
Text;
Product descriptions;
Videos;
Artwork; and
Other Website content.
Applicable content is protected by intellectual property and other laws.
You may use the Website for personal, non-commercial shopping purposes.
Except as permitted by applicable law or with appropriate permission, you may not reproduce, distribute, modify, publish, commercially exploit, or create derivative works from protected Website content.
Nothing in these Terms transfers ownership of intellectual property to you.
24. TRADEMARKS AND BRANDING
Names, logos, designs, slogans, and other brand identifiers displayed through the Website may be trademarks, trade names, or other protected identifiers of their respective owners.
You may not use such branding in a manner that falsely suggests endorsement, affiliation, sponsorship, or authorization.
Nothing in these Terms should be interpreted as a representation that every brand identifier displayed on the Website is registered as a trademark or registered trade name.
25. CUSTOMER REVIEWS AND OTHER CONTENT
Where our Website allows customers to submit reviews, photographs, comments, or other content, you remain responsible for the content you submit.
You must not knowingly submit content that:
Is false or misleading;
Infringes another person's rights;
Contains unlawful material;
Contains malicious code;
Contains another person's private information without appropriate authority; or
Is otherwise unlawful.
Nothing in these Terms prohibits or penalizes customers for providing honest reviews, opinions, or assessments of VIVIA NEW YORK, our products, or our services.
We may moderate or remove content where reasonably necessary for lawful purposes, including content that is fraudulent, unlawful, abusive, irrelevant, or violates applicable content standards.
26. LICENSE FOR CUSTOMER-SUBMITTED CONTENT
If you voluntarily submit content for publication through a feature of our Website, you grant us a non-exclusive, worldwide, royalty-free license to host, reproduce, display, and technically adapt that content as reasonably necessary to operate the feature for which it was submitted, subject to applicable law.
This license does not transfer ownership of your content to VIVIA NEW YORK.
This provision does not require you to surrender intellectual property rights in an honest consumer review.
27. PROHIBITED USES
You may not use the Website:
For unlawful purposes;
To commit or facilitate fraud;
To interfere with Website security;
To introduce malware or malicious code;
To gain unauthorized access to systems or accounts;
To collect information unlawfully;
To impersonate another person;
To infringe intellectual property rights;
To disrupt the operation of the Website; or
To engage in conduct that violates applicable law.
We may restrict access where reasonably necessary to protect the Website, customers, our business, or third parties from unlawful or harmful activity.
28. THIRD-PARTY SERVICES
Our Website relies on third-party technologies and services to operate functions such as:
Website infrastructure;
Payments;
Shipping;
Analytics;
Advertising;
Communications; and
Other e-commerce functionality.
Some third-party services may be governed by separate terms or privacy policies.
We are not responsible for the independent acts or omissions of third parties to the extent responsibility cannot lawfully be attributed to VIVIA NEW YORK.
Nothing in this section excludes liability that cannot lawfully be excluded.
29. THIRD-PARTY LINKS
Our Website may contain links to websites or services operated by third parties.
A link does not necessarily mean that VIVIA NEW YORK endorses or controls the third-party website or service.
When you leave our Website, the applicable third party's own terms and privacy practices may apply.
We encourage users to review those terms and policies before providing personal information or completing transactions through a third-party service.
30. WEBSITE AVAILABILITY
We aim to keep the Website reasonably available and functional.
However, we do not guarantee uninterrupted or error-free access.
The Website may occasionally be unavailable because of:
Maintenance;
Technical problems;
Security incidents;
Service-provider outages;
Updates;
Internet or network disruptions; or
Circumstances outside our reasonable control.
We may modify, suspend, or discontinue Website functionality where reasonably necessary.
Nothing in this section affects obligations relating to orders already accepted or rights that cannot lawfully be excluded.
31. INFORMATION ON THE WEBSITE
Website content is provided primarily for general product, shopping, and informational purposes.
We make reasonable efforts to maintain accurate information but do not warrant that every non-material piece of Website content will always be completely error-free or current.
Product purchases remain subject to the specific descriptions, disclosures, and consumer protections applicable to the transaction.
32. WARRANTIES AND LEGAL RIGHTS
To the fullest extent permitted by applicable law, the Website itself is provided on an “as available” basis.
However, nothing in these Terms excludes, limits, or disclaims any warranty, guarantee, consumer protection, or remedy that cannot lawfully be excluded or limited.
Any disclaimer in these Terms applies only to the extent permitted by applicable law.
33. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, VIVIA NEW YORK will not be liable for indirect, incidental, special, exemplary, or consequential losses arising solely from use of the Website where such liability may lawfully be excluded.
This limitation does not apply where liability cannot legally be excluded or limited.
Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law.
In particular, nothing in these Terms is intended to remove mandatory rights or remedies available to consumers.
34. EVENTS OUTSIDE OUR REASONABLE CONTROL
We are not responsible for delays or failures caused solely by circumstances outside our reasonable control to the extent permitted by applicable law.
Examples may include:
Severe weather;
Natural disasters;
War or civil unrest;
Government actions;
Transportation disruptions;
Widespread carrier interruptions;
Major telecommunications failures; or
Other comparable events beyond our reasonable control.
This section does not eliminate obligations imposed by applicable consumer law, including obligations relating to delayed or unfulfilled orders.
35. INDEMNIFICATION FOR UNLAWFUL MISUSE
To the extent permitted by applicable law, you may be responsible for losses reasonably arising from your intentional unlawful misuse of the Website or material violation of these Terms.
This provision is not intended to impose liability on a consumer merely for asserting a legal right, making a complaint, requesting a refund, disputing a transaction in good faith, or publishing an honest review.
36. PAYMENT DISPUTES AND CHARGEBACKS
If you believe there is a problem with an order or payment, we encourage you to contact us first at:
so that we have an opportunity to investigate and resolve the issue.
Nothing in these Terms prevents you from exercising a lawful right to dispute a transaction, request a chargeback, or seek another remedy available through your payment provider or applicable law.
Fraudulent or intentionally false payment disputes may be investigated and addressed through lawful channels.
37. PRIVACY
Our collection and use of personal information is described in our Privacy Policy.
Our use of cookies and similar technologies is described in our Cookie Policy.
Please review those policies for information about privacy rights and choices.
38. ELECTRONIC COMMUNICATIONS
By using the Website or communicating with us electronically, you understand that certain communications may be provided electronically, including:
Order confirmations;
Shipping notifications;
Customer-service communications;
Policy notices;
Transactional communications; and
Other legally permissible electronic communications.
Marketing communications are subject to applicable consent and opt-out requirements.
39. EMAIL AND SMS MARKETING
Where you subscribe to marketing communications, we may send promotional email or SMS messages in accordance with your choices and applicable law.
You may unsubscribe from promotional emails using the unsubscribe mechanism provided in the applicable email.
Where supported, you may opt out of promotional SMS communications by following the opt-out instructions in the message, including by replying STOP.
Consent to receive marketing SMS messages is not a condition of purchasing products from VIVIA NEW YORK.
Additional information is provided in our Privacy Policy.
40. TERMINATION OR RESTRICTION OF ACCESS
We may suspend or restrict access to the Website where reasonably necessary because of:
Fraud;
Security threats;
Unlawful conduct;
Material misuse of the Website; or
Material violation of these Terms.
Termination or restriction of Website access does not eliminate rights or obligations relating to transactions completed before the restriction and does not affect non-waivable consumer rights.
41. CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes in:
Our services;
Business practices;
Website functionality;
Applicable law;
Policies; or
Other operational circumstances.
Changes generally apply prospectively from the date the revised Terms are published unless otherwise stated or legally required.
We will update the “Last Updated” date when these Terms are revised.
Where legally required, we will provide additional notice regarding material changes.
42. GOVERNING LAW AND CONSUMER PROTECTION
These Terms and transactions through the Website are subject to applicable law.
Nothing in these Terms is intended to deprive a consumer of protections or remedies that cannot lawfully be waived under applicable federal, state, or other mandatory law.
We have intentionally not included a mandatory arbitration agreement, class-action waiver, exclusive U.S. forum-selection clause, or similar dispute-resolution mechanism in these Terms.
43. DISPUTES
If you have a problem concerning an order, we encourage you to contact us first so that we can attempt to resolve the matter directly.
Please contact:
Nothing in these Terms prevents either party from exercising rights or remedies available under applicable law.
44. SEVERABILITY
If a provision of these Terms is determined to be invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary where legally possible.
The remaining provisions will continue to apply to the extent permitted by law.
45. NO WAIVER
If we do not immediately exercise or enforce a right under these Terms, that does not necessarily constitute a waiver of that right.
Any waiver applies only to the extent expressly given or otherwise required by applicable law.
46. ASSIGNMENT
You may not transfer contractual rights or obligations arising from an order where doing so would materially affect our rights or obligations, except where permitted by applicable law.
We may transfer rights or obligations in connection with a legitimate sale, restructuring, financing, or transfer of our business, provided that doing so does not unlawfully reduce consumer rights.
47. ENTIRE AGREEMENT
These Terms, together with the policies and disclosures incorporated into them, constitute the terms applicable between you and VIVIA NEW YORK concerning your use of the Website and purchases through the Website, subject to any additional terms expressly agreed between the parties.
If a specific promotion or service has additional terms, those additional terms may also apply.
48. CONSUMER RIGHTS
Nothing in these Terms is intended to exclude, restrict, or waive any consumer right or remedy that cannot lawfully be excluded, restricted, or waived.
Where applicable law gives you greater protection than these Terms, the applicable mandatory legal requirement will control.
49. CONTACT INFORMATION
If you have questions about these Terms, an order, or our services, please contact:
VIVIA NEW YORK
Website: vivianewyork.com
Email: support@vivianewyork.com
Customer Service Hours: Monday through Sunday, 9:00 AM–5:00 PM, New York local time (Eastern Time)
Target Response Time: Within 24 hours
For returns, please contact customer service before sending any product. The applicable return address will be provided after an approved return request.