Policies and Terms & Conditions

GIDEON NAUDE T/A VIVO KAJ LUMO

1. Introduction

   1. This website can be accessed at www.vivokajlumo.co.za (“the Website”) and is made available by, Gideon Naude
      (“Vivo Kaj Lumo”, “we”, “us” or “our”).
   2. These Website Terms and Conditions (“Terms”) governs the advertising and sale of an extensive range of services, goods and products including various planters, growing systems, promotional items, decorative goods, furniture and artwork (“Products”) as may be offered by Vivo Kaj Lumo on the Website or Mobile Application from time to time.
   3. These Terms are binding and enforceable against every person that accesses or uses the Website or registers as a user (“you” or “your”). By using the Website or Mobile Application and/or by clicking on the “Register” button on the Website or Mobile Application, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms.
   4. If there is any provision in these Terms that you do not understand, it is your responsibility to ask Vivo Kaj Lumo to explain it to you before you accept the Terms or continue using the Website or Mobile Application.
   5. Vivo Kaj Lumo permits the use of this Website and Mobile Application subject to these Terms. By using the Website or Mobile Application in any way, you shall be deemed to have accepted all the Terms unconditionally. You must not use this Website or Mobile Application if you do not agree to the Terms.

2. Important Notice

   1. These Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”)
      and contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of Vivo Kaj Lumo or a third party; and/or
      2. may create risk or liability for you; and/or
      3. may compel you to indemnify Vivo Kaj Lumo or a third party; and/or
      4. serves as an acknowledgement, by you, of a fact.
   2. Your attention is drawn to these Terms because they are important and should be carefully noted.
   3. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Vivo Kaj Lumo in terms of the CPA.

3. Acceptance of these Terms

   1. By accessing and/or using the Website or Mobile Application, you agree to be bound by the Terms.
   2. Vivo Kaj Lumo may at any time modify any of the Terms and such modification will supersede and replace any previous terms.
   3. The amended terms will be made available on the Website and/or Mobile Application and each time that you access the Website or Mobile Application and/or use the Products or services offered via the Website and Mobile Application, you agree to be bound by the Terms, as may be modified from time to time.

4. Content of the Website and Mobile Application

   1. Whilst every effort is made to update the information provided on the Website and Mobile Application on a regular basis, Vivo Kaj Lumo makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the Website from time to time.
   2. Vivo Kaj Lumo reserves the right at any time to change or discontinue without notice, any aspect or feature of the Website or Mobile App and any information, data and/or content on the Website and Mobile Application.

5. Registration and Use of Website and Mobile Application

   1. Only registered users may purchase Products on the Website and Mobile Application.
   2. If you use the “quick” / “Guest Checkout” functionality, you will be required to register at the conclusion of the checkout process by supplying a personal password (“password”)
   3. Before purchasing any products via the Website or Mobile Application, you will be obliged to enter your user name or and personal password (“password”) or other unique identifying information. Jointly we refer to the username and password and other unique identifying information as your “Access Codes”.
   4. You undertake and warrant to ensure that your Access Codes are not disclosed to any third party and to immediately report any actual or potential unauthorised access to or use of your Access Codes.
   5. On receipt of such notice from you, Vivo Kaj Lumo reserves the right to reject any communication received from your profile, suspend the processing of any communications and orders not yet executed by Vivo Kaj Lumo and immediately deactivate your Access Codes. You shall thereafter be obliged to refrain from ordering any products until such time as new Access Codes have been authorised by Vivo Kaj Lumo.
   6. Vivo Kaj Lumo may from time to time require you to change your Access Codes, as the case may be, and you undertake to comply with such instruction immediately.
   7. You agree that Vivo Kaj Lumo will accept and process your order for Products once the correct Access Codes have been entered, irrespective of whether the use of the Access Codes is unauthorised or fraudulent and that you will be liable for payment of such order, save where the order is cancelled by you in terms of these Terms.
   8. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and
      to be liable and responsible for you and all your obligations under these Terms.
   9. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website or Mobile Application. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website and/or Mobile Application or the information contained herein, without the prior written consent from an authorised Vivo Kaj Lumo representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
   10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Vivo Kaj Lumo representative.

6. Verification

   1. You agree that all instructions, consents, orders and other communications which purport to originate from you or a person who had authority to act on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively “the originator”) and which are sent to Vivo Kaj
      Lumo electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by Vivo Kaj Lumo and you will be bound by such instruction with no liability of whatever nature attaching to Vivo Kaj Lumo in regard thereto.
   2. You waive any rights that you may have or obtain against Vivo Kaj Lumo arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Vivo Kaj Lumo acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify Vivo Kaj Lumo against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Vivo Kaj Lumo has acted on your instructions/orders or instructions/orders which purported to emanate from you.

7. Orders, confirmation & delivery

   NOTE:Due to lockdown operating restrictions both at our fulfilment centres and for our couriers and suppliers, it is possible that your order could take 1-2 weeks longer than normal to be delivered. We know that you are eager to receive your orders as soon as possible and we are working as hard as possible to minimize / eliminate any delays.

   We are immensely grateful to our customers for their loyal support during this time, so please accept our apologies if your order is delayed.

   1. The advertising of Products via the Website and/or Mobile Application merely constitutes an invitation by Vivo Kaj Lumo for you to make an offer to purchase Products and we remain entitled to reject any order without giving reasons therefore and without any liability to you.
   2. As erroneous information and/or prices may be displayed on this Website and/or Mobile Application from time to time, you agree that Vivo Kaj Lumo cannot be held liable for any inaccurate information and/or prices published on the Website and Mobile Application, save where such liability arises from the gross negligence or wilful misconduct of Vivo Kaj Lumo, its employees, agents or authorised representatives. We will not under any circumstances whatsoever be obligated to sell a Product at such erroneous price displayed on the Website. You are encouraged to contact us to report any possible errors by way of email to customer care at info@vivokajlumo.co.za.
   3. Once you have selected the Product you wish to purchase and submitted your order to Vivo Kaj Lumo, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. By clicking on the “proceed” or “purchase” or similar “final submit” button you are deemed to have submitted an offer to purchase the Product/s selected by you (“order”) and the
      order can be withdrawn by you.
   4. Vivo Kaj Lumo reserves the right to cancel the order for any reason on notice to you and without any liability to you. Receipt of a confirmation of the order (which only constitutes acceptance by Vivo Kaj Lumo to process the order) will be sent to you once we receive your order. Although the Website and the Mobile Application is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations. DO NOT resend your instruction if you do not receive a confirmation from us as this may lead to a duplicate transaction for which you will be held liable.
   5. Please note: A transaction will only be deemed to have been concluded once the Product/service in question has been delivered in accordance with the selected delivery option or agreed process. Vivo Kaj Lumo will indicate the acceptance of your order by delivering the Products to you or allowing you to collect them, and only at that point will an agreement of sale between you and Vivo Kaj Lumo come into effect (the “Sale”). This is regardless of any communication from Vivo Kaj Lumo stating that your order or payment has been confirmed. Vivo Kaj Lumo will indicate any rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
   6. We reserve the right to withhold approval and / or cancel orders at our sole discretion.
   7. Placing Products in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such, Products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Vivo Kaj Lumo liable if such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
   8. Delivery times are estimated times only and we are not liable for any late deliveries.
   9. We reserve the right to verify the identity of any purchaser or the payment method used. This may entail you being required to, amongst other, send us a copy of your identity document, proof of residence, copy of front and back of your credit card. Failure to do so may result in us cancelling the order without reason. If Vivo Kaj Lumo approves your application you may be required to sign additional terms & conditions, which will form the basis of Vivo Kaj Lumo’s agreement with you. A copy of these terms can be obtained by emailing info@vivokajlumo.co.za. If you do not agree to these additional terms & conditions then your application will be cancelled and you will not be entitled to use or access the product or service you have subscribed to.
   10. Risk in the products shall pass to you or your authorized representative on delivery.

8. Performance and availability of Products

   1. Vivo Kaj Lumo endeavours to execute all orders within the time period notified but by accepting these Terms, you acknowledge and agree that delivery of orders can from time to time fall outside of these time periods due to a number of reasons out of our control including but not limited to logistic delays. By accepting these Terms and transacting on the Website, you acknowledge that no liability is incurred by Vivo Kaj Lumo in these instances.
   2. You acknowledge that stock of all Products on offer is limited and accept that the display of Products is not necessarily a guarantee that a Product is available.
   3. When Products are no longer available Vivo Kaj Lumo will notify you and you will be entitled to a refund of the amount paid by you for such Products. Whilst Vivo Kaj Lumo will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the Products when the Products are available. Should the Products no longer be available, you shall be entitled to either be credited or refunded for any payments already made by you.
   4. For information on guarantees applicable to Products purchased by you, please see our warranties / guarantee policy.
   5. Debit/Credit card payments:
      1. We only accept MASTERCARD and VISA credit and debit cards. We will debit the total value of your online order against the payment card tendered by you during the check-out process.
      2. Payment will be effected on acceptance of your order and prior to delivery.
      3. By submitting your order, Identity Number and payment card details you warrant that you are over the age of 18 (eighteen) and that you are fully authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
      4. Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your purchase of the Products will be cancelled.
   6. EFT / Instant EFT payments:
      1. If payment for the full amount does not reflect in our bank account within 14 days, your order will be cancelled.
         Payments for orders made via Instant EFT will be processed in the same way that Credit Card orders are processed.

9. Disclosures required in terms of Section 43 of the Electronic Communications and Transactions Act 25 of 2002

   1. Full name : Gideon Naude
   2. Physical address : 34 Simone Street, Parow, Cape Town, 7500
   3. Telephone number : 0741604619
   4. Website address : http://www.vivokajlumo.co.za
   5. E-mail address : info@vivokajlumo.co.za
   6. Company registration number :
   7. Credit Provider Number : NOT APPLICABLE
   8. Vat Registration Number: N/A
   9. Country of incorporation : South Africa
   10. Director details: Gideon Naude
   11. Physical address for receipt of service : 34 Simone Street, Parow, Cape Town, 7500
   12. A full record of your transactions can be accessed by logging in to the website and viewing My Orders in the Account section. You may request a record of your transaction for up to 90 (ninety) days after which we will not be obligated to keep any records of your transactions.

10. Returns

    1. Please refer to the refunds policy, which sets out our policy regarding returns or exchanges.
    2. Nothing on our refunds policy or these Terms in any way limits your rights in terms of section 56 (read with section 55) of the CPA.

11. Cancellations

    1. You are, in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitled to cancel, without reason and without penalty, your order for the Products within 7 (seven) days of receipt of the Products. In such an event –
       1. you will receive a full refund of the purchase price within 30 (thirty) days of the date of your cancellation of the order;
       2. you undertake not to utilise the Products;
       3. your agreement of purchase will be deemed to have been cancelled, and
       4. you will be liable, in terms of section 44(2) of the ECT Act, for the direct costs of returning the products, such as courier and/or shipping charges.
    2. If for any reason you would like to cancel an order this may be done by emailing info@vivokajlumo.co.za. You will only be able to cancel orders up to 17:00 on the two (2) day’s prior to the date of delivery.
    3. If you cancel your order later than 7 (seven) days of receipt of the Products, we reserve the right to debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach of any of these Terms.
12. Vouchers issued on Website or Mobile Application
    1. 1. Vivo Kaj Lumo may from time to time make electronic promotional vouchers or discounts (“Vouchers”) available for use on the Website towards the purchase of the Products. Vouchers can only be redeemed while they are valid and their expiry dates cannot be extended vouchers issued on Website or Mobile Application.
       2. Vouchers are issued in Vivo Kaj Lumo’s sole discretion and we reserve the right at any time to correct, cancel or reject a Voucher for any reason. Users do not have a right to Vouchers. Vouchers are issued under specific terms and conditions regulating when and how they may be used.
          1. As a general rule, and unless specified otherwise on the specific Voucher itself:
          2. each Voucher can only be used once;
          3. only one Voucher can be used per person per promotion/campaign on the Website;
          4. a Voucher must be used at check-out. It cannot be used later on existing orders; and
          5. the value of the Voucher will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
       3. Vouchers cannot be used to buy other Vouchers, and cannot be exchanged or refunded for cash or credit. If for any reason a Voucher does not reflect on the final amount due from you at check-out, you can contact Vivo Kaj Lumo to confirm if the Voucher is still valid. If the voucher is still valid, you can choose whether to cancel the order and place it again with the Voucher, or you can complete the current order and use the Voucher on your next order.
       4. Vivo Kaj Lumo is not responsible for any loss or unauthorised use of a Voucher.

13. Privacy and Security

    All personal information obtained by Vivo Kaj Lumo by virtue of your use of this Website is protected as set out in our privacy and security policy. Further, the security processes and procedures used by Vivo Kaj Lumo to protect information transmitted via the Website are also set out in the privacy and security policy.

    1. Copyright and Intellectual Property Rights
    2. Copyright and all intellectual property rights in all materials, texts, images, drawings and data made available on Website (collectively “the materials”) are owned by Vivo Kaj Lumo alternatively, Vivo Kaj Lumo is the lawful user thereof and are protected by both South African and international intellectual property laws. You will not acquire any right, title or interest in or to the Website or the material. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from Vivo Kaj Lumo.
    3. Where any of the materials has been licensed to Vivo Kaj Lumo or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
    4. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on Website are registered and unregistered trademarks of Vivo Kaj Lumo. Nothing contained on Website and Mobile Application should be construed as granting any licence or right to use any trademark without the prior written permission of Vivo Kaj Lumo.

14. External links

    1. External links may be provided for your convenience, but they are beyond the control of Vivo Kaj Lumo and no representation is made as to their content. Use or reliance on any external links provided is at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such external links or your reliance on any information contained thereon.
    2. When visiting external links you must refer to the external terms and conditions of use of such external links. You may not link to this Website, in any manner, or frame any content of this Website in any other manner or otherwise use the content without the express prior written permission of Vivo Kaj Lumo.

15. Unlawful use

    1. You shall not use the Website or Mobile Application to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Vivo Kaj Lumo against any loss, liability, damage or expense of whatever nature (whether direct or indirect) which Vivo Kaj Lumo or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any message or material as aforesaid.

16. Warranties, Disclaimers and Limitation of Liability

    1. Save as set out in the Terms, Vivo Kaj Lumo makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the Website and the Products and the Website and Products made available via the Website and/or Mobile Application are provided “as is”.
    2. Neither Vivo Kaj Lumo or its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website and Mobile Application and/or any information contained on or via the Website or Mobile Application and/or your use of the Products. Without limiting the generality of the a foregoing, neither Vivo Kaj Lumo nor its directors shall be liable for any failure and/or unavailability of the Website and/or Mobile Application for any reason whatever and/or the failure/delay by any third party service provider to render any service which are necessary to ensure the availability of the Website or Mobile Application.
    3. You hereby indemnify Vivo Kaj Lumo or its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, Vivo Kaj Lumo shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the Website and Mobile Application and/or your use of the Products.
    4. Without limiting the generality of the aforegoing, Vivo Kaj Lumo shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.
    5. By accessing the Website and/or Mobile Application, you warrant and represent to Vivo Kaj Lumo that you are legally entitled to do so to purchase any of the Products offered for sale via the Website and/or Mobile Application. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. If you are younger than 18 years of age you warrant that you have the consent of your legal guardian to enter into this agreement with Vivo Kaj Lumo or that you have obtained legal status in another manner.
    6. Further to the provisions of our privacy and security policy, whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Vivo Kaj Lumo,
       Vivo Kaj Lumo shall not be liable for any loss or damage, however arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third
       party.
    7. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods. We may in our sole discretion at any time suspend or terminate the operation of this Website and/or Mobile Application without prior notice to you and without the need to give you reasons for such termination. You agree that Vivo Kaj Lumo will not be liable to you in the event that it chooses to suspend or terminate the Website and/or Mobile Application other than for processing any orders made by you prior to such time and to the extent possible.
    8. In addition to the disclaimers contained elsewhere in these Terms, Vivo Kaj Lumo also makes no warranty or representation, whether express or implied, that the information or files available on the Website and Mobile Application are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of the Company, its employees, agents or authorised representatives. Vivo Kaj Lumo thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

17. Use of the Website and Mobile Application

    Vivo Kaj Lumo does not make any warranty or representation that information and products advertised on the Website and Mobile Application are appropriate for use in any jurisdiction. By accessing the Website, you warrant and represent to Vivo Kaj Lumo that you are legally entitled to do so and to make use of information and purchase the Products made available via the Website and/or Mobile Application.

18. Address for Service

    1. The address for service for all purposes relating to these Terms including the giving of any notice, the payment of any sum, the serving of any process, is the address set out paragraph in 9.2.
    2. Vivo Kaj Lumo shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.

19. General

    1. Without detracting from the provisions of your account terms and conditions, the Terms constitute the sole record of the agreement between you and Vivo Kaj Lumo in relation to your use of this Website and Mobile Application. No indulgence or extension of time which either you or Vivo Kaj Lumo may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
    2. Vivo Kaj Lumo shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms.
    3. All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these Terms shall remain in full force and effect.
    4. Should Vivo Kaj Lumo be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Vivo Kaj Lumo is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen days after it has first occurred then Vivo Kaj Lumo shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.
    5. For purposes of calculating any time periods GMT +2 shall be used.
    6. These Terms and conditions shall apply to all transactions you conclude via this Website and Mobile Application.
    7. A certificate issued by an administrator of this Website and Mobile Application shall constitute prima facie proof of any fact related to this Website and Mobile Application, including but not limited to which version of the Terms govern a particular dispute and what content was published or functionality was available on the Website and Mobile Application at a specific point in time.
    8. When you visit the Website and/or Mobile Application or send emails to us, you consent to receiving communications from us electronically.
    9. The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and Vivo Kaj Lumo on delivery/collection of the product or service.

20. Dispute Resolution

    1. These Terms and our relationship and/or any dispute arising from or in connection with these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
    2. All disputes arising as a result of your use of the Website and/or Mobile Application or on the interpretation of these Terms or on any matter which in terms of the Terms requires agreement by you and Vivo Kaj Lumo, (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.
    3. That arbitration will be held with only you and Vivo Kaj Lumo and your/our representatives present at the offices of the Arbitration Foundation of Southern Africa, Cape Town, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation of Southern Africa in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the Arbitration Foundation of South Africa. The arbitration award will be final and binding on you and Vivo Kaj Lumo. We agree to keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential. The arbitrator will have the power to give default judgment if either of us fails to make submissions on the due date and fails to appear at the arbitration.

If you have any questions or suggestions regarding our Terms & Conditions, please email Vivo Kaj Lumo at info@vivokajlumo.co.za.

NOTE: Couriers are currently experiencing very high volumes and it is possible that your order could take a day or
two longer than normal to be delivered. We are eager to deliver your orders as soon as possible and we are working
as hard as possible to minimize / eliminate any delays.

The following Delivery Policy is only valid for merchandise purchased via the Vivo Kaj Lumo website (“the Design Exhibition”) and/or mobile application. This policy has been developed to ensure the accurate and secure delivery of all purchases according to your delivery needs. Should you have any questions with regards to deliveries, please contact info@vivokajlumo.co.za or call 0741640619.

Standard Deliveries will be made within 7-10 business days upon acceptance of your order subject to stock availability. Note, for certain outlying areas we have to use regional third-party couriers and while every effort is made to expedite delivery, service to these areas may take an additional 2 days.

1. We can only deliver products to physical addresses within the borders of the Republic of South Africa.
2. Quoted delivery times are a guide only and while Vivo Kaj Lumo endeavours to meet the targeted delivery times for all deliveries, from time to time factors beyond our control can result in delayed delivery.
3. Use your unique order number provided per purchase via the Vivo Kaj Lumo website (“The Design Exhibition”) and/or mobile application to track the status of your order/s.
4. Your deliveries will be made through our designated courier company.
5. Once you have indicated your address and you have received confirmation of your order, we regret that no changes to the specified address and/or delivery option will be accepted.
6. We reserve the right to contact customers and arrange alternative delivery methods and timelines if your delivery address is remote or to cancel the order if delivery is not feasible.
7. You or authorized person will be required to show proof of identification to the courier upon delivery.
8. In order to safeguard your purchase, the carrier will only deliver to the specified address and to you or one of the people indicated to receive your parcel.
9. The courier will request proof of identity from the person receiving the parcel.
10. The person receiving the parcel will be asked by the courier to sign the waybill indicating that the parcel/carton has been received undamaged and in good condition.
11. Proof of ID may be requested to verify authenticity of purchaser.
12. In the unlikely event that the parcel/carton is damaged and/or the security seal is broken, then the receiving person can either:
    1. Check the parcel in front of the driver and indicate on the courier’s waybill (delivery documentation) whether there are any
       • breakages, and/or
       • damages and/or
       • items missing
       Both parties (the courier and the person receiving) will need to co-sign their names against this indication. If the receiving person chooses to still accept the damaged carton, the waybill will reflect that a damaged parcel was received and accepted with both parties co-signing.
    2. Alternatively, the receiving person can send the parcel back and indicate on the waybill the reasons for sending the parcel back. Both parties will need to co-sign against this indication.
13. Kindly refer to our refunds policy via the Vivo Kaj Lumo website (“The Design Exhibition”) and/or mobile application for further information.
14. Vivo Kaj Lumo reserves the right to refuse service, cancel orders and terminate accounts at the company’s discretion.

If you have any questions or suggestions regarding our Delivery Policy, please email Vivo Kaj Lumo at info@vivokajlumo.co.za.

If your product is faulty, damaged, incorrect or you accidentally selected the incorrect size or colour during your purchase, please allow us to replace or refund your product.

We accidentally sent you faulty, damaged or incorrect goods?

Contact us to arrange collection

Email info@vivokajlumo.co.za or call +27 74 1640 619 and ask us to collect your unsatisfactory order – please notify us within 7 days of such a delivery. We will send our courier to collect the item(s) from you.

• Reference your order number when contacting us
• State whether you want a replacement item or a refund

Returns Policy

All returns and exchanges need to meet the following conditions:

1. It’s within 7 days of purchase date as the product will need to be returned to our 3rd party supplier/s.
2. You have a valid Invoice.
3. The item will be collected for the customer at the registered address during purchase via the Vivo Kaj Lumo
   website (“The Design Exhibition”) and/or mobile application, by our assigned carrier company at the cost of the
   customer.
4. The item is unworn/unused and it’s still in its original packaging.
5. Orders placed by the customer in error or returns based on product dissatisfaction will be returned via our
   registered carrier at the cost of the customer.
6. The product ticket is attached.
7. Please note that we can only make an exchange or refund once we have confirmed receipt of your payment into our
   bank account and the refund will be made back into the account it was paid from.
8. We will only consider exchanging or refunding a faulty product if it was used for its intended purpose and in
   accordance with the product’s instructions and / or user manual.
9. No refunds or exchanges will be made for a product that has been misused or purposely damaged.
10. A faulty product will, where relevant, be subject to a technical assessment by a specialist before being
    repaired, replaced or refunded.
11. Repairs may involve a courier cost that is for the customer’s account and will be quoted upfront.
12. When returning a product for repair, please ensure that it is in hygienic condition, including original product
    packaging as this is a prerequisite from our 3rd party suppliers.

If you have any questions or suggestions regarding our privacy & security policy, please email Vivo Kaj Lumo at info@vivokajlumo.co.za.