Terms of Service

This website is operated by Viva La Cart. Throughout the site, the terms “we,” “us,” and “our” refer to Viva La Cart.

These Terms of Service govern your access to and use of our website, products, services, and purchases made through VivaLaCart.com.

By accessing our website, creating an account, submitting information, or purchasing from us, you agree to these Terms of Service and any policies incorporated into them by reference.

If you do not agree to these Terms, you should not use the website or purchase through the store.

1. Online Store Terms

By using this website, you represent that you are legally permitted to enter into transactions in your jurisdiction or that you have appropriate permission to use the site.

You may not use our website, products, or services for any unlawful, fraudulent, abusive, or unauthorized purpose.

You may not violate applicable laws, regulations, intellectual-property rights, payment-network rules, or third-party rights while using our services.

We may restrict or terminate access when reasonably necessary to protect Viva La Cart, our customers, our systems, or third parties.

2. Products and Condition

Viva La Cart offers merchandise that may include:

• New items
• Pre-owned items
• Vintage merchandise
• Collectibles
• One-of-a-kind items
• Open-box merchandise
• Customer returns
• Shelf pulls
• Other unique or limited inventory

Because inventory may be pre-owned, vintage, limited, or one-of-a-kind, customers should carefully review all photographs, descriptions, measurements, condition notes, included accessories, and other product information before purchasing.

Normal signs of age, prior ownership, storage, use, or manufacture may exist on applicable merchandise.

Known material condition issues should be disclosed through the product listing when reasonably identifiable.

Colors and appearance may vary depending on photography, lighting, and the customer's display.

3. Product Availability

Products are subject to availability.

Because some items are one-of-a-kind or may be offered through multiple approved sales channels, availability can change before an order is finally accepted and fulfilled.

Placing an order does not guarantee that an item remains available.

If an item becomes unavailable after an order is submitted, Viva La Cart may cancel the affected order or item and issue any applicable refund.

4. Pricing and Listing Errors

We attempt to provide accurate pricing, descriptions, photographs, availability, and product information.

Errors may occasionally occur.

Viva La Cart reserves the right to correct genuine pricing, listing, availability, or descriptive errors.

Where reasonably necessary, we may cancel an affected order and issue an applicable refund rather than fulfill an order based on an obvious or material error.

5. Orders and Order Acceptance

Submitting an order does not necessarily mean the order has been finally accepted.

Viva La Cart may review an order before fulfillment for reasons including:

• Payment verification
• Suspected fraud
• Inventory availability
• Pricing or listing errors
• Shipping restrictions
• Address problems
• Unusual transaction activity
• Quantity limitations
• Compliance or safety concerns

We reserve the right to refuse or cancel an order when reasonably necessary.

If Viva La Cart cancels a paid order that has not been fulfilled, the applicable payment will be refunded.

6. Fraud Prevention and Order Verification

To protect customers and Viva La Cart from fraud, unauthorized transactions, chargebacks, return abuse, and other misuse, we may review transaction information and request reasonable verification before fulfilling an order.

This may include verification of:

• Customer information
• Billing information
• Shipping information
• Payment status
• Order history
• Transaction risk indicators

We may delay or cancel fulfillment when an order presents a material fraud, payment, or security concern.

7. Shipping and Processing

Orders are generally processed within 2–3 business days after payment and any necessary order verification are completed.

Many orders may ship sooner.

Business days generally exclude weekends and applicable holidays.

Delivery estimates provided by Viva La Cart, Shopify, carriers, or other service providers are estimates and are not guaranteed unless explicitly stated otherwise.

Customers are responsible for providing a complete and accurate shipping address.

Shipping terms are further governed by our Shipping Policy.

8. Returns, Refunds and Problem Resolution

Purchases made directly through VivaLaCart.com are governed by our Return & Refund Policy.

All sales are final except where Viva La Cart determines that a legitimate order problem requires a resolution or where applicable law provides otherwise.

Viva La Cart does not generally accept returns or exchanges for:

• Change of mind
• Fit
• Preference
• Buyer’s remorse
• Ordering the wrong product
• Conditions clearly disclosed before purchase

Customers should not return merchandise without prior authorization.

Potential problems involving damaged merchandise, incorrect merchandise, undisclosed defects, material differences from the product description, or lost shipments should be reported to Viva La Cart for review.

Viva La Cart may request photographs, packaging, shipping labels, order information, serial numbers, identifying information, or other reasonable supporting evidence.

Refunds, replacements, returns, carrier claims, or other resolutions are determined after review of the circumstances and available evidence.

Nothing in these Terms limits rights that cannot legally be waived.

9. Returned Merchandise and Evidence

When a return is specifically authorized, merchandise may be inspected upon receipt.

Where applicable, Viva La Cart may compare returned merchandise against:

• Original listing photographs
• Condition records
• Product identifiers
• Serial numbers
• SKU or asset identifiers
• Distinguishing characteristics
• Included accessories
• Shipment records
• Other available transaction evidence

Fraudulent substitution, intentional alteration, removal of parts, or return of a different product may result in denial of a refund where permitted by applicable law and platform/payment rules.

Suspected fraudulent activity may also be reported to the relevant payment provider, carrier, marketplace, insurer, or other appropriate party.

10. Shipping Damage and Lost Shipments

If merchandise is damaged or lost in transit, Viva La Cart may pursue a claim with the applicable carrier or shipping-insurance provider.

Customers may be required to retain:

• The merchandise
• Original shipping container
• Interior packaging
• Shipping label
• Photographs
• Other evidence reasonably required for investigation

Customers should not discard damaged merchandise or packaging while a shipping claim is under review unless instructed otherwise.

Carrier or insurance coverage does not override consumer rights that apply independently under law.

11. Exchanges

Viva La Cart does not routinely provide direct exchanges.

Because many items are unique or one-of-a-kind, identical replacement inventory may not be available.

Where Viva La Cart determines that a replacement is appropriate and suitable inventory exists, a replacement may be offered as part of the resolution.

12. Customer Information

You agree to provide current, accurate, and complete information when placing an order or interacting with the store.

You are responsible for maintaining the accuracy of information associated with your account or order.

Providing materially false, misleading, fraudulent, or unauthorized information may result in cancellation, restriction, or other appropriate action.

13. Personal Information

Collection and use of personal information are governed by our Privacy Policy.

Payment processing and other portions of the service may also involve third-party providers operating under their own privacy and security practices.

14. Third-Party Services

Viva La Cart may use or integrate with third-party providers, including payment processors, shipping carriers, ecommerce technology providers, analytics services, communication providers, and other service providers.

We are not responsible for the independent acts, policies, availability, or services of third parties except to the extent required by applicable law.

Use of third-party services may also be subject to the terms and policies of those providers.

15. Third-Party Links

Our website may contain links to third-party websites.

A link does not necessarily constitute endorsement of the third party, its products, services, content, or practices.

Viva La Cart is not responsible for third-party websites outside our control.

16. User Submissions

If you submit reviews, photographs, feedback, messages, suggestions, or other materials to Viva La Cart, you represent that you have the right to submit that content.

Your submissions must not:

• Violate intellectual-property rights
• Violate privacy rights
• Contain unlawful material
• Contain malicious code
• Fraudulently impersonate another person
• Be intentionally false or misleading

Any rights granted to Viva La Cart regarding submitted content will be subject to applicable law and our Privacy Policy.

17. Intellectual Property

Unless otherwise stated, Viva La Cart's website content, branding, graphics, written materials, original photographs, designs, and other proprietary materials are owned by or licensed to Viva La Cart.

You may not reproduce, distribute, commercially exploit, or create unauthorized derivative works from protected Viva La Cart materials except as permitted by applicable law or with written permission.

18. Prohibited Uses

You may not use VivaLaCart.com to:

• Commit fraud
• Attempt unauthorized transactions
• Abuse returns or refunds
• Interfere with website security
• Introduce malware or malicious code
• Scrape or access systems unlawfully
• Infringe third-party rights
• Impersonate another person
• Submit deliberately false information
• Engage in conduct prohibited by applicable law

We may take reasonable measures to protect the website and our business from prohibited activity.

19. Disclaimer

We strive to provide accurate product information and reliable service.

However, the website and its content may occasionally contain errors, interruptions, delays, or unavailable features.

Any disclaimers in these Terms apply only to the extent permitted by applicable law.

Nothing in these Terms excludes warranties, remedies, obligations, or consumer rights that cannot legally be excluded.

20. Limitation of Liability

To the fullest extent permitted by applicable law, Viva La Cart will not be responsible for indirect, incidental, special, or consequential losses arising from use of the website or services where such limitations are legally permitted.

Nothing in this section limits liability that cannot lawfully be excluded or limited.

21. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Viva La Cart from claims, losses, or expenses resulting from your unlawful use of the website, material violation of these Terms, infringement of third-party rights, or fraudulent conduct.

22. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

23. Entire Agreement

These Terms, together with policies incorporated by reference, constitute the agreement governing use of VivaLaCart.com and purchases made through the site, subject to applicable law.

Relevant policies may include:

• Return & Refund Policy
• Shipping Policy
• Privacy Policy
• Contact Information
• Other policies displayed on the website

24. Changes to These Terms

Viva La Cart may update these Terms from time to time.

Updated Terms will become effective when posted or as otherwise required by applicable law.

Changes will not retroactively eliminate rights that already accrued under applicable law.

25. Governing Law

These Terms will be governed by the laws applicable to Viva La Cart and the transaction, subject to any mandatory consumer-protection laws or jurisdictional rights that apply to the customer.

Before publication, I would replace this section with the specific state governing-law language appropriate to Viva La Cart LLC once the entity's governing jurisdiction is confirmed.

26. Contact Information

Questions regarding these Terms of Service may be directed to:

Viva La Cart
Email: Hello@vivalacart.com