Terms & Conditions
These Terms and Conditions ("Terms”) govern your use of any websites, electronic and text messages, and social media pages operated, directed by or otherwise maintained by VIVGIFT, its parent companies, subsidiaries and affiliates (collectively “VIVGIFT” or “we”) that display or link to these Terms (the “Sites”) and any VIVGIFT purchases made by you through the Sites and/or your visit to or purchase from one of our retail locations. You agree to these Terms and to our Privacy Policy by your access or use of the Sites and any of the services offered by VIVGIFT, including your purchase from the Sites or one of our retail locations, whether or not you are a registered user of the Sites. Within these Terms, any reference to fine jewelry specifically excludes the engagement ring collection unless otherwise indicated.
1.Your account
You may be required to create an account and specify a password in order to make purchases or use certain features on the Sites or in stores, including to become a Kendra Scott Insider. You must provide current, truthful and accurate information when creating an account. Please keep your account updated to reflect any changes. One account per person. You must be at least 13 years old to create an account.
You may not share your account with anyone else. If you believe that your account has been compromised at any time, please contact us via chat or email at info@vivgift.com.
An agreement for VIVGIFT to sell goods to you is made when we accept your order. The description of goods, price, and applicable tax are agreed on between you and VIVGIFT when an order is placed. You are responsible for the charges for transport, packaging, freight, and/or insurance of your order as reflected in the order summary provided upon checkout.
Placement of an order is a binding agreement. Once placed, all orders are considered final and you may not change or cancel them.VIVGIFT reserves the right to cancel any order for any reason whatsoever, including but not limited to unauthorized, altered, or ineligible use of an offer or payment. VIVGIFT reserve the right to modify or cancel a promotion due to system error or unforeseen problems.
3. RISK AND TITLE
3.1. You will own the Goods when we have received full payment for them and for any applicable delivery costs.
3.2. Subject to clause 5.4, the risk in the Goods and associated costs shall pass to you at the earliest of the Goods coming into your physical possession or a person identified by you to accept the Goods.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. All Intellectual Property Rights in or arising out of or in connection with the Goods (other than Intellectual Property Rights in any materials provided by you) shall be owned by us.
4.2. In relation to Bespoke Orders, and subject to clause 10.1, it is your responsibility to ensure that you have all necessary licenses or ownership rights of Intellectual Property Rights in any materials provided to us or any requested designs made by you and you warrant to us that you have the right to use them for the purposes of supplying the Goods.
4.3. We shall be entitled to claim authorship for and shall be the owner of Intellectual Property Rights created in the course of supplying the Goods.
4.4. This clause 4 shall survive termination of the Terms & Conditions.
5.DATA PROTECTION
Detailed information on how your Personal Data are processed and your rights can be found in our Privacy Policy, the provisions of which shall apply to this Terms & Conditions.
6. LIMITATION OF LIABILITY
6.1. Nothing in this Terms & Conditions shall limit or exclude our liability for:
(a) death or personal injury cause by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or any other liability which cannot be limited or excluded by applicable law.
6.2. Subject to clause 8.1, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Terms & Conditions.
6.3. Subject to clause 8.1, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Terms & Conditions shall be limited to 100% of the total Charges paid under the Contract.
6.4. This clause 8 shall survive termination of the Terms & Conditions.
7. GENERAL
7.1. Force majeure. Neither you or us shall be in breach of the Terms & Conditions nor liable for delay in performing, or failure to perform, any of its obligations under the Terms & Conditions if such delay or failure result from an event or circumstance that is beyond our reasonable control, including without limitation, acts of God, flood, drought, earthquake, or other natural disaster, terrorist attack, war, riots, fire, strikes.
7.2. Entire agreement. The Terms & Conditions constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, proposals, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
7.3. Waiver. A waiver of any right or remedy under the Terms & Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach of default. A failure or delay by you or us to exercise any right or remedy provided under the Terms & Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other remedy.
7.4. Severance. If any provision or part-provision of the Terms & Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms & Conditions.
7.5. Notices. Any notice given to a party under or in connection with the Terms & Conditions shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its address last communicated to the other party (in any other case); or sent by email at the last known email address. Our email address shall be info@vivgift.com. Any notice or other communication shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; if sent by pre-paid first class post or other next working day delivery service, at 9am on the second Business Day after posting or at the time recorded by the delivery service; or, if sent by email, at 9am on the next Business Day after transmission.
7.6. Third party rights. Unless it expressly states otherwise, the Terms & Conditions does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms & Conditions.
7.7. Governing law. The Terms & Conditions, and any dispute or claim (including non-contractual disputes of claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England.
7.8. Jurisdiction. We and you both irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms & Conditions or its subject matter or formation.
ACCEPTABLE USE POLICY - PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SIT
What's in these terms?
This acceptable use policy sets out the content standards that apply when you link to our site, or interact with our site in any other way.
Who we are and how to contact us
www.vivgifts.com is a site operated by VIVGIFT ("We"). We are registered in Hong Kong under company number 74747472 -000-01 - 2 3 3 and have our registered office at FLAT 2304、23/F HO KINGCOMMERCIAL CENTRE，2-16 FAYUEN STREET，MONG KOK KOWLOON HONG KONG.
To contact us, please email info@vivgift.com
By using our site you accept these terms
By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.There are other terms that may apply to youThe following terms apply to you when you use our site:
- Terms & Conditions (see above)
- Privacy Policy (https://www.vivgifts.com/pages/privacy-policy)
We may make changes to the terms of this policy
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms & Conditions.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Breach of this policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Terms & Conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
- Choosing a selection results in a full page refresh.