This website http://www.elavidaenterprises.com [‘the site’] is owned and operated by Elavida Enterprises [‘us’ , ‘our’ , or ‘we’]. This document is available in different languages
The following constitutes a legal agreement between a user [‘you’] and us with respect to our website services, the terms of which are set out below. By checking the box when placing an order and indicating your accepta
nce of these terms and Conditions, you represent that
[i] you have read understood and agree to be bound by this Agreement and
[ii] you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this site, including all legal liability that he or she may incur. We do not permit you to share your name with any other person or with multiple users on a network. If you do not agree to [or cannot comply with] any of these terms and conditions, do not check the acceptance box and do not attempt to access the site. Our site is established to enable you to choose and purchase Products from our site and affiliated sites [‘products’] that we offer for sale online. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our site without notice [see below]. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time we may restrict access to some parts of our site, or to our entire site, to users who have registered with us. Conditions of Purchase.
2.1 Our website service permits you to purchase our products from this site and affiliated sites. These purchases can be made and are permitted strictly pursuant to the terms and condition set out below.
2.2 Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email from us. This email is an order confirmation, to notify you of the fact we have received and accepted your order.
2.3 Your purchase order cannot be accepted, until payment in full for the products ordered has been received by us at which time a legally binding agreement on the terms set out herein will become effective. Interactive Services.
3.1 We may from time to time provide interactive services on our site and where we do so we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used [including whether it is human or technical].
3.2 We will do our best to assess any possible risks for users [and in particular, for minors] from third parties when they use any interactive service provided on our site, and we will decide in each case whether its is appropriate to use moderation of the relevant service [including what kind of moderation to use] in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standard or not
3.3 The use of any of our interactive services by a minor is subject to the content of their parents or guardians. we advise parents who permit their children to an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
3,4 Where we do moderate an interactive service, we will provide you with a means of contacting the moderator, should a concern or difficulty arises. Content Standards.
3,5 These content standards apply any and all content, which you contribute to any interactive services on our website.
3.6 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
3.7 Contributions Must:
3.7.1 Be accurate [where they state facts]. 3.7.2 Be genuinely held [where they state opinion]. 3.7.3 Comply with applicable law in Kenya and in any country from which they are posted.
3.8 Contributions Must not:
3.8.1 Contain any material which is defamatory of any person.
3,8.2 Contain any material which is obscene, offensive, hateful or inflammatory.
3.8.3 Promote s*xually explicit material.
3,8.4 Promote discriminations based on race, s*x, religion, nationality, disability. s*xual orientation or age.
3,8.5 Promote violence and / or Terrorism of any kind or form.
3.8.6 Infringe any copyright, database right or trade mark of any other person.
3.8.7 Be likely to deceive any person.
3.8.8 Be made in breach of any legal duty owed to a third party, such as contractual duty or a duty of confidence.
3.8.9 Promote any illegal activity.
3.8.10 Be threatening, abuse or invade another party privacy, or cause annoyance, inconvenience or needless anxiety.
3.8.11 Be likely to harass, upset, embarrass, alarm or annoy other person.
3.8.12 Be used to impersonate any person or to misrepresent your identity or affiliation with any person.
3.8.13 Give the impression that they emanate from us if this is not the case. Price and Payment.
4.1 The price to be paid by you for any products will be as quoted by our site and / or our affiliated sites at the time except in cases of obvious error. 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, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as incorrect pricing.
4.2 Our prices include VAT but exclude delivery costs, which will be added to the total amount due before completion of your order and as set out in our delivery terms.
4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.
4.4 Our site contain 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 order confirmation procedures so that where a Product’s correct price is less than the stated price, we will change lower amount when sending you an order confirmation. If a Product’s price is higher than the price stated on our site, or we are no longer able to supply a particular Product for some reason, we will contact you by email to advice you and / or to obtain your confirmation that the amended price is acceptable.
4.5 Payment for all products must be by credit or debit card and those accepted by us are those listed on our website on the date when your order is placed. We will not charge your credit or debit card until we send you an order confirmation.
4.6 All credit / debit card holders are subject to validation checks and authorization by the card issuer, if the issuer of your payment card refuses, or for any reason does not authorize payment to us. whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the product ordered. Availability and Delivery.
5.1 The Product ordered by you will only be delivered to the delivery address provided by you to us.
5.2 If for any reason no one is present to receive delivery of the Products, which cannot fit a letterbox at the delivery address you have provided to us, our courier will be returned to us and we will retain the same pending your further instructions. Upon payment of a further delivery charge by credit card, we will arrange a further delivery to or for you.
5.3 In order for us to hand over the ordered Products upon delivery, the recipient must sign that the products are in good condition, thereafter, we will no longer be responsible for the actual delivery of the Products to you. Risks.
6.1 The Products will be at your risk from the time we deliver them to you or the recipient designated by you.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges. Return Policy.
7.1 You will not have any right to a refund in respect of any Product purchased on our site which, though our interactive service, has been put together solely for you at your specific selection unless the Product is faulty, or does not meet the specifications of your order.
7.2 We do not hope that you will be pleased with your purchase. However, if for any reason you are unhappy with the Products you have received from us or our affiliated sites, then we will be happy to refund or exchange the same, subject to our / or affiliated websites, Refunds and Returns Policy, Additionally, if upon delivery of the products you find that they are not those ordered by you or the order is incomplete, or the product is in a damaged condition when you receive it, please notify us immediately. If a product is not as on the order confirmation or damaged we will credit or refund your purchase or as applicable to our affiliated sites. In the case of damaged goods, you must retain the damaged products and all packaging for inspection by us, subject to our report on the claimed damage and to these Terms and Condition we will refund the price you paid for the returned Products together with the delivery charge. We will have no liability to you for any indirect loss. Please state clearly your dispatch details in all communications to us.
7.3 We will only make a refund to the original credit card or debit account used to by you to make the online purchase. Legal ownership of the goods will immediately revert to us if we refund any such payment tp you.
7.4 We have made every effort to display as accurately as possible the colors of our products that appears on our site. These cannot be guaranteed to match the colors of your screen.
7.5 We will not accept the return of any Products which have been purchased from any outlet other than this online site.
7.6 The provision of this clause do not affect your statutory rights. Our Rights To Change Terms And Conditions.
8.1 We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in the market conditions affecting our business, changes in the technology, changes in the payment methods, changes in relevant laws and regulatory requirements and changes in our system capabilities.
8.2 You will be subject to the Policies and Terms and Conditions in place at the time that your ordered Products from us, unless any change to those Policies or those Terms and Conditions is required to be made by law or governmental authority in which case it will apply to orders previously placed by you, or if we notify you of the changes to these Policies or those Terms and Conditions before we send you the order confirmation [ in which case we have the right to assume that you have accepted the changes to the Terms and Conditions]. YOU AGREE that :-
9.1 It is your responsibility to provide accurate personal information [‘Personal Data’] and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own, or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the cost of Products ordered. We will not store your credit card or debit card details anywhere in our site.
9.2 It is your responsibility to ensure that your email address is current otherwise certain functions of the site will not be available to you. We will only use your Personal Data in accordance with Data Protection act and our Privacy Policy.
9.3 It is your responsibility to maintain the confidentiality and security of your Personal Data especially your name, username, and password. You will not allow others to use your name, username and password and you will notify us immediately of any unauthorized use of your name, username, and password. We will not be responsible for any loses arising out of the unauthorized use of your name, username or password and you agree to indemnify and hold us harmless, for any improper, unauthorized or illegal uses of the same.
9.4 We shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the site or where obvious errors have been made.
9.5 Whilst we will utilize anti-virus protections, it is your obligation to ensure that any use you make of our site is free of any virus, Trojan horse, worm or any other items of destructive nature. You will not hold us responsible for any damages that result from you accessing the site [including any software or systems you use to access the site].
