Terms of service

1. General

1.1. For purposes of these General Terms and Conditions and elsewhere on the website, "Vivolife SA” means Vivolife SA (Proprietary) Limited, Reg nr:2017/496413/07. Vivolife SA is located at 44 Edward Street, Pringle Bay, 7196 South Africa and point 16. Domicilium - 44 Edward Street, Pringle Bay, 7196 email address: info@vivolife.co.za and contact number 066 464 8677

2. Application

2.1. These General Terms and Conditions will apply to any and all agreements and legal relations pursuant to which Vivolife SA acts as supplier of items.

3. Product specifications; pricing; typographical errors

3.1. Vivolife SA will not be required to execute an order or compensate a buyer for any loss if Vivolife SA made an error when presenting the item, formulating its characteristics or stating its price, and

i) it should have been clear to the buyer that such involved a printing error; or

ii) if the buyer should not, under the circumstances, have reasonably relied on Vivolife SA delivering quoted item, with stated characteristics, at this price.

4. Prices

4.1. Products sold by Vivolife SA are billed in Rands and include VAT.

4.2. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

4.3. Delivery costs will be applied at the checkout.

5. Market

5.1. Items are currently delivered to buyers in the Republic of South Africa. Purchase agreements are concluded with natural persons not acting in the course of a profession or business- only. Therefore, any VAT charged will not at any time be refunded.

6. Costs of Delivering the Items

6.1. All prices of the items posted on the website are exclusive of delivery costs.

6.2. Delivery costs will be stated separately when settling the order and may vary daily and for each order.

7. Delivery and Delivery Period

7.1. Vivolife SA shall make an effort to supply the items ordered, provided that Vivolife SA has such items in stock, to the delivery address within 3 - 5 working days of the order confirmation and the required receipt of payment. Prior to delivering an order, the buyer may be contacted to verify the correctness of the order. This may cause some delay in delivery. When registering, buyers must state a telephone number on which they can be reached during the day (such as their number at work or a mobile phone number), so that the delay, if any, will be as short as possible.

7.2. The delivery periods referred to above are of an indicative nature and are not times of the essence. Should the order not be delivered within 30 days, the buyer will be entitled to cancel the order at no charge.

7.3. Vivolife SA shall arrange delivery by post or dispatch in any other way, at Vivolife SA’s option. Note that a signature will be required for all residential deliveries.

8. Stock Availability

8.1. Stock on offer is limited. Vivolife SA shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Vivolife SA shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.

9. Payment

9.1. Payment is accepted via credit card (Visa or Mastercard) and direct transfer. Online credit card transactions will be acquired for Vivolife SA via PayGate (Proprietary) Limited ("PayGate"). PAYGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3), and no credit card details are stored on the website. Users may go to their website (www.PayGate.com) to view their security certificate and security policy. Customer details will be stored by Vivolife SA separately from card details which are entered by the client on PayGate's secure site. Vivolife SA scrutinises all transactions very carefully to prevent attempted fraud and a transaction may be refused if Vivolife SA is not satisfied with its legitimacy.

10. Agreements of Sale

10.1. Placing an item in a shopping basket or adding it to a Wishlist without completing the purchase cycle, does not constitute an agreement of sale between Vivolife SA and the purchaser. Users cannot hold Vivolife SA liable if such items are not available when the purchase cycle is completed later; and/or constitute an order for such an item; and Vivolife SA may remove such an item from the shopping basket if no stock is available. An agreement of sale between Vivolife SA and a user only comes into effect if and when a credit card authorisation is received from the issuing bank. Vivolife SA reserves the right to refuse to accept and/or execute an order without giving any reasons. Vivolife SA also reserves the right to cancel orders in whole or in part as circumstances dictate. Vivolife SA shall only be liable to refund monies already paid by the user.

10.2. These terms apply to goods ordered via the internet and over the phone. By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

10.3. When you place an order, if you enter a correct e-mail address we will send you an order acknowledgement e-mail. This is not order confirmation or order acceptance from us. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods that you ordered have been dispatched to the address you have given to us, even though we may already have debited your card (3.4 above) or sent you acknowledging emails.

10.3.1. The goods will be sent to the address provided. We cannot accept responsibility for an incorrect address provided at the point of ordering. If you notice you have made an error when the delivery address has been filled in, please contact us as soon as possible. We will do our best to make the amendments requested before the order is dispatched, however we are unable to guarantee these will be made before the fulfilment of the order. If the order is shipped to the address provided and this is incorrect, we will only be able to refund it or ship a replacement if this returns to our facilities. Shipping charges are not refunded.

10.4. Very occasionally an error may occur resulting in the goods described on our website not being the goods actually available for sale. If this occurs your order will not be or have been accepted. We may ask you whether you wish to purchase other goods we may have available or the goods which may have been despatched to you in error. If so, your order will be amended. Otherwise, we will treat any order as cancelled and any incorrect goods dispatched should be returned for full refund.

10.5 Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

11. Returns / Refunds Policy

11.1.1. You have the legal right to cancel your order within 7 days of your order.

11.1.2. If you wish to cancel using this right, you need to inform us in writing within 7 days starting the day we send your order. You must take reasonable care of the goods and immediately return them to us in the normal way. We will not consider that you have taken reasonable care of the goods if they have been used in a way, or to an extent, beyond what would be reasonable when examining the goods in a shop before purchase.

11.1.3. In order for the items to be refunded or exchanged the goods must be received in an unused condition, and in original packaging Only one return/refund can be made per purchase. If you accept an exchange, this cannot later be refunded.

11.1.4. The goods are your responsibility until they reach us. You will be liable to pay the cost of returning unwanted goods back to us. For your protection we recommend you use a postal service that insures you for the value of the goods you are returning.

11.1.5. Where a product is faulty, damaged or miss-described we will refund the original delivery charge and the cost of posting the goods back to us via your local POSTNET.

11.1.6. We will not refund the original shipping charges if a product is not faulty, damaged, or not as described, whether you prefer to cancel the order if the order has been returned to our facilities due to an incorrect delivery address being provided at the point of ordering, or if the order returns due to the maximum number of delivery attempts being reached/the items are held at an access point and reached the maximum time to be held.

12. Applicable Law

12.1. This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

13. Personal Data

13.1. Vivolife SA 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.

13.2. Vivolife SA will store the data provided by buyers in a data file. Such data will be used to execute buyers orders and will be kept as long as necessary to handle any complaints about the execution of an order. No data will be passed on to third parties if such should jeopardise the buyer’s privacy.

14. Changes To Agreement

14.1. Vivolife SA may, at its sole discretion, change this agreement or any part thereof at any time without notice.

15. Intellectual Property Rights

15.1. All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Vivolife SA and as such are protected from infringement by local and international legislation and treaties.

16. Domicilium

16.1. Vivolife SA 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 at 44 Edward Street, Pringle Bay, 7196