1. ABOUT US
VIVOLICIOUS is a business in the retail industry that offers a simple, safe and convenient way to shop online for active wear, athleisure wear and fitness apparel.
2. USE OF SITE
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
3. ACCEPTANCE OF TERMS.
The services, products, materials and information offered by means of the use of this website and/or the online services feature are provided to you, as the User, subject to your acceptance of the terms and conditions of this agreement. When using, browsing or accessing this website and/or online services, you accept all the terms and conditions of this agreement, including, in particular, the limitations on use, liability and warranty set out hereunder.
4. DISCLAIMER OF WARRANTY IN TERMS OF SITE CONTENT
The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation - data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
5. OUR RIGHTS
We reserve the right to:
5.1 Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
5.2 Change these Conditions from time to time and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
5.3 Use our reasonable Endeavour’s to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
5.4 All prices are subject to change without notice. All prices are subject to exchange rate fluctuation.
VIVOLICIOUS shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.
By using our website, you agree to be automatically subscribed to our marketing mailing list permitting us to send you newsletters and information about our website, events, etc.
VIVOLICIOUS will not sell, share, or rent your email address or any other personal information collected on this site. We will take all measurable steps to ensure that your details remain confidential at all times.
7. COOKIE/TRACKING TECHNOLOGY
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customise the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
8. THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including mis-representative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
When you click to make a purchase with us legal obligations arise and your right to refund of monies paid in any way agreed by us are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree to all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any product or service through this website. Refer to our Exchanges & Returns Policy.
10. PRODUCT AVAILABILITY AND OUT OF STOCK SCENARIO AFTER HAVING PLACED ORDER
VIVOLICIOUS is an online shop and although we do physically hold stock of all the products listed on our website, we can't guarantee that the product you order will be in stock at the depot at time of order. Please feel free to contact us to enquire on stock availability prior to placing your order.
VIVOLICIOIUS reserves the right to cancel your order even if payment has been made should the product not be in stock. Should VIVOLICIOUS cancel your order we will offer you a choice of either placing the product(s) on back order (price is subject to change and exchange rate fluctuations), a credit on your account or an immediate refund in full. In the case of an immediate refund on an EFT payment, funds may only reflect in your account a day or two following the actual refund - this is beyond our control. In the case of an immediate refund on a credit card purchase, funds may take up to 10 days to reflect back in your account following the actual refund - this is beyond our control.
Where you agree to have your products placed on back order you are hereby informed that the date the goods are expected to arrive are subject to change due to circumstances beyond our control as well as the price being subject to change due to circumstances beyond our control and subject to exchange rate fluctuations which are beyond our control. Should the price change, VIVOLICIOUS will inform you and you will have the choice to either pay in the difference or elect a credit on your account or an immediate refund in full.
11. DELIVERY POLICY
Subject to stock availability and receipt of payment, orders will be processed within 1 working day and delivery confirmed by way of email notification.
Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence VIVOLICIOUS will endeavour to contact you and provide a revised shipping schedule.
12. ORDER PROCESSING
Order processing will not begin until we received proof of payment.
13. CARD ACQUIRING AND SECURITY
Card transactions will be acquired for VIVOLICIOUS via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details will be stored by VIVOLICIOUS separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
14. LIMITATION OF LIABILITY
The use of this website and online services is on the User's own risk. The Company, its subsidiaries, affiliates, agents, officers, directors, employees, partners or suppliers will not be liable to the User or any third party for any damages whatsoever, the Company provides the Services with the following LIMITATIONS ON ITS LIABILITY to the maximum extent permitted by law.
The Company and its subsidiaries, affiliates, officers, agents, partners, employees and suppliers will not be liable, the Company provides the Services with the following LIMITATIONS ON ITS LIABILITY to the maximum extent permissible by law, for any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) the User's use of the website and online services; (b) the User's violation of these terms and conditions or (c) the User's violation of any law, rule or regulation or the rights of any other person or entity.
16. ACCURACY OF INFORMATION AND PRODUCTS
The website and online services and other services, products and materials could include technical or other mistakes, inaccuracies or typographical errors. The Company may make changes to the website, online services, other services, information, products and materials, including the prices and descriptions of any products, at any time, without notice to you.
17. GOVERNING LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa in a South African Court.
18. PAYMENT OPTIONS and PRICING
All transactions will be processed in South African Rands (ZAR). VIVOLICIOUS endeavors to offer you competitive prices on current products; your total order price will include the price of the purchase plus any applicable sales tax and shipping charges. VIVOLICIOUS reserves the right to change pricing at any time without prior notice. We accept Visa, Mastercard payments through PayGate as well as manual EFT payments. If you choose to use manual EFT, you will have to load VIVOLICIOUS as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products.
19. COUNTRY OF DOMICILE
This website is governed by the laws of South Africa and VIVOLICIOUS chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
By visiting VIVOLICIOUS, you agree that the laws of South Africa will govern these Terms of Service and any dispute that might arise between you and VIVOLICIOUS. Any disputes relating to your visit to VIVOLICIOUS or to products you purchase through VIVOLICIOUS shall be submitted to arbitration in Cape Town, South Africa.
20. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
21. GIFT VOUCHER TERMS & CONDITIONS
21.1 These conditions apply to Gift Vouchers which have been purchased from VIVOLICIOUS.
21.2 Gift Vouchers have a coupon code with a random combination of letters and numbers and can be redeemed at VIVOLICIOUS on any purchase made.
21.3 If the value of an order exceeds the value of the Gift Voucher the balance must be paid by EFT / Electronic Bank Transfer.
21.4 If the full amount of the voucher is not redeemed, the balance will be given by way of a New Gift Voucher. Gift Voucher balances and refunds are also subject to these terms and Conditions and are additionally not assignable or transferable.
21.5 Gift Vouchers cannot be used to buy further Gift Vouchers.
21.6 It is possible to redeem one or more Gift Vouchers against an order; however, it is not possible to combine the use of Gift Vouchers with Promotional and Discount Vouchers.
21.7 Gift Vouchers and unused portions expire 3 years from the date of issue of the original Gift Voucher. Gift Vouchers are not transferable and have a cash redemption value of R0.00. Gift Voucher balances and refunds are not transferable and also have a cash redemption value of R0.00.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website.)
VIVOLICIOUS takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
24. UPDATING OF THESE TERMS AND CONDITIONS
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Terms and Condition at the Website for changes or updates. The User's continued use of this website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
I understand that all the designs and trademarks registered to VIVOLICIOUS and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by VIVOLICIOUS for any civil action or any legal action deemed necessary against me.
26. COMPANY INFORMATION
This website is run by Sonja Stafford-Northcote (sole trader) based in South Africa trading as VIVOLICIOUS.
27. CONTACT DETAILS
VIVOLICIOUS Address: 12 Cavendish Street, Claremont, Western cape
Contact number: 083 469 4834