Terms and Conditions
Introduction
Welcome to vividgold.co.ke (“Site”). The owner and operator of the Site is Vivid Gold Ltd, a limited liability company registered in Kenya (“we”, “our” or “us”).
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Vivid Gold interactions with you in relation to this website.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Your access or use of vividgold.co.ke indicates your understanding of and agreement to be bound by these Terms and Conditions of use.
Please note that vividgold.co.ke reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions of use. Changes will be effective when posted on vividgold.co.ke with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Entering the site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
User Account
If you use vividgold.co.ke, you are responsible for maintaining the confidentiality of the information you submit through “My Account” and the corresponding password as well as restricting access to your computer / mobile / tablet to avoid the transfer of your account information by other users. You agree to accept responsibility for all activities that occur under “My Account” or password. We reserve the right to refuse service, terminate accounts and remove or edit content submitted by you on the Site.
Copyright
All of the names, titles, logos, and designs on vividgold.co.ke, identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks as well as the sole and exclusive property of Vivid Gold Ltd. All other names, titles, logos and designs appearing on vividgold.co.ke are the property of their respective owners. Any use of any trademarks appearing onvividgold.co.ke without the express written consent of the owner of the trademark is strictly prohibited.
vividgold.co.ke contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and the entire contents of vividgold.co.ke also are protected by copyright as a collective work and/or compilation under the Kenya copyright laws, international conventions and other copyright laws.
Usage by Minors
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live) otherwise, because we cannot prohibit minors from accessing, viewing, browsing, visiting or purchasing on the site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this site, purchasing products from us or providing us with any information, you indicate that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the site.
Prices and Availability of Products
Prices and availability of products on the site are subject to change without notice. Errors will be corrected when discovered. Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order even after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider’s inventor. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
All sales are final
All online sales are final and we do not offer any exchange or refunds.
Please read our Return & Refund Policy.
Pre-Order
When an item opens for Pre-Order, we include our best estimate of the availability date. We will always do our best to meet this date. However sometimes production and shipping schedules change, which means we need to update the timing accordingly.
Note: Your card will be charged immediately once your Pre-Order is submitted.
Warranty
New Consoles (Hardware), carry a 12 month warranty. Games (Software), accessories and subscription cards do not carry any warranty. In case of warranty claim the customer can contact our customer service team on support@vividgold.co.ke
Please note: The warranty covered only in Kenya and subject to availability of the product in case of replacement.
Cancellation of order
In case you would like to cancel your order kindly send us an email on support@vividgold.co.ke within 24 hours of your confirmation of order. If you order is not shipped we will cancel the order and will process full refund.
Kenya Orders: In case the order is cancelled after the shipment dispatched, we will refund the amount after deducting the shipping fee as reflected in your order confirmation. If the shipping fee is not reflecting in your order confirmation (in case of free shipping), the standard fee will be deducted.
International Orders: If you order is shipped, we cannot cancel the order.
No Refund Policy on digital products!
Note: Refund will take 2 business day to process and up to 15 Days to reflect in your credit card.
Please read our Return & Refund Policy.
Force Majeure
vividgold.co.ke shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Seller. Quantities are subject to availability. In the event of shortage, vividgold.co.ke may allocate sales and deliveries at its sole discretion.
Privacy
Please read our Privacy Policy.
Links in vividgold.co.ke
We are not responsible for the content of any sites that may be linked to or from the site as well as any bulletin board associated with us or the site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the site is independent of us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other site.
In no event shall any reference to any third party or third party product as well as services be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
Governing Law / Jurisdictional Issues
These Terms and Conditions shall be interpreted, construed and governed by the laws in force in Kenya. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of Nairobi – Kenya and to waive any objections based upon venue.
Termination of Usage
We may terminate your access or suspend your right to access to all or part of the site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, associates, or the company itself. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
Shipping
Please read our Shipping Policy.
Digital
All product title ending with “Instant Delivery” are available instantly after purchase.
No Refund Policy on digital products: Once receiving your order there are absolutely no refunds. The delivered product is guaranteed to be exactly as described and in working condition, if your delivered product is not as described – please contact us within 24 hours of delivery.
Defective
Kenya – If you purchase something from our website and receive a defective product you must write to us on support@vividgold.co.ke or contact +254 724925236 within the same of delivery date. One of our customer service representative’s will be at your service.
Other Countries If you purchase something from our website and receive a defective product you must write to us on support@vividgold.co.ke or contact +254 724925236 within the same delivery date. One of our customer service representative’s will will be at your service.
If the representative is unable solve your problem, we will arrange collection of the product from the same location we delivered or you may be required to ship it back to us if outside Nairobi. If we are unable to repair or replace the product we will give you a full refund.
System Requirements
Make sure you check your system requirements before purchase. Certain software is region coded. For example PAL software may not work on NTSC machine.
For PC games kindly check the minimum hardware specification required.
Delivery
Product(s) will be delivered to the delivery address provided by the customer. vividgold.co.ke, will use it’s discretion in selecting a reputable carrier and appropriate means of delivery.
Risk of loss and damage of product(s) passes to the customer on the date when the Product(s) is/are dispatched by us to the carrier.
Any dates quoted by vividgold.co.ke for the delivery of product(s) are estimates only and shall not form part of the contract. vividgold.co.ke, aims to deliver promptly, however delays are occasionally inevitable due to unforeseen factors. vividgold.co.ke, shall be under no liability for any delay or failure to deliver the product(s) within the estimated delivery time.
vividgold.co.ke, will not be responsible for any tariffs, customs restrictions, customs clearance, or other regulations that apply in countries outside Kenya. It is the responsibility of customer to pay the charges levied by the authorities and observe the respective regulations of the country in which he or she receives the product(s).
If an order shipment is undeliverable, the product(s) ordered by the customer will be returned to the vividgold.co.ke, at the customer’s expense, as stock available for sale to other customers. The returned product(s) can be sold to other customers and the vividgold.co.ke shall have no obligation to reserve or re-deliver the returned product(s) to the customer.
Dealing with Third Parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including without limitation any merchants or advertisers, found on or through vividgold.co.ke, including without limitation payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. vividgold.co.ke, assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that vividgold.co.ke, shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
This website vividgold.co.ke is managed by: Vivid Gold Ltd, P.O. Box: 72852, Nairobi – Kenya.
Date Created: 5 Sept 2013
Last Modified: 1 Jan 2022