Terms and Conditions
1.1 last updated: December 17, 2020
Welcome to www.venditokw.com. Please read the following Terms and Conditions (“Terms and Conditions”) carefully as the provisions contained herein shall govern your access and use of our online platform herein after referred to as “Vendito” owned by Vendito General Trading Corporation, registered in Kuwait under license number 2020/1390, with its registered office at Qibla, Ali Al Salem Street, Building 4B, 1st floor, office 25. These are the terms and conditions governing your access to and use of the website www.venditokw.com and its related sites, services and tools (the “Site”). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with www.venditokw.com (“we”, “us” or www.venditokw.com or “Vendito”) in relation to your use of the Site (the “User Agreement”). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
2. About Vendito
Vendito is an online marketplace that allows users to offer, sell and buy just about anything in a variety of listing types and selling formats. The actual contract for sale is directly between the seller (or “vendor”) and buyer. Vendito is not a banking/financial service, nor a traditional auctioneer nor an auction house.
Any guidance we provide as part of our Services, such as pricing, delivery, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Vendito has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
3. Using Vendito
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Vendito of any unauthorized use of your password or account or any other breach of security. In no event will Vendito be liable for any direct, indirect or consequential loss or loss of profits, good will or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree to reimburse Vendito for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
You will provide true, accurate, current and complete information about yourself as prompted by Vendito’s registration form (the “Registration Data”).
You will not include: the word “Vendito” in your registration user ID.
You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Vendito has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Vendito under this User Agreement or at law, Vendito has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
Vendito wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Vendito under this User Agreement or at law, Vendito reserves the right to limit or withdraw access to the Site or the membership of any person if Vendito believes that person is under the age of 18 years.
In connection with using or accessing the Services you will not:
- Violate the laws of the State of Kuwait;
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, applications or tools, or are a person with whom transactions are prohibited under economic or trade sanctions;
- fail to pay for items purchased by you, unless you have a valid reason as set out in a Vendito policy, for example, the seller has changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller,
- fail to deliver items sold by you, unless you have a valid reason as set out in a Vendito policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
- manipulate the price of any item or interfere with any other user’s listings;
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- take any action that may undermine the feedback or ratings systems
- transfer your Vendito account and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Vendito or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Vendito;
- interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any Vendito application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Vendito. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Vendito or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- commercialize any Vendito application or any information or software associated with such application, except with the prior express permission of Vendito;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures used to provide the Services.
Vendito may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person’s authority to act on your behalf. You agree to provide any information and/or documentation to Vendito upon such requests. You acknowledge and agree that if you do not, Vendito without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
Without prejudice to any other rights and remedies of Vendito under this User Agreement or at law or otherwise, Vendito may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
Membership on the Site is free. Vendito does not charge any fee for browsing.
The fees we charge for using our Services are listed on our selling fees page. We may change our fees from time to time by posting the changes on the Vendito site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
Vendito is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers with different listing types.
Vendito may choose to temporarily change the fees for our services for promotional events (for example, free delivery days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site.
Unless otherwise stated, all fees shall be quoted in Kuwaiti Dinars (KD). You must pay all fees payable to Vendito (and any applicable taxes or charges) within 30 days of the date of any invoice to you from Vendito with a valid payment method as set out in our conditions.
5. Listing Conditions
When listing an item for sale on Vendito, you agree to comply with Vendito’s Listing policies and that:
- You are responsible for the accuracy and content of the listing and item offered,
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Vendito can’t guarantee exact listing durations,
- Your fixed-price listings currently renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing. Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or Vendito, in its sole discretion,
- Content that violates any of Vendito’s policies may be modified, obfuscated or deleted at Vendito’s discretion,
- We may revise product data associated with listings to supplement, remove, or correct information.
6. Purchase Conditions
When buying an item on Vendito, you agree to the following:
You are responsible for reading the full item listing, including details, description, returns policy, and delivery policy, before making a bid or commitment to buy,
- You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted).
When you provide content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Vendito, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Vendito takes no responsibility and assumes no liability for any content provided by you or any third party.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Vendito, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Vendito and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
“Vendito” and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of Vendito and are protected by international trademark and other intellectual property rights and laws. Vendito’s trademarks may not be used in connection with any product or service that is not Vendito’s nor in any manner that disparages or discredits Vendito. All other trademarks not owned by Vendito that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Vendito.
10. Authorization to Contact You; Recording Calls; Analyzing Message Content
Vendito may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Vendito to carry out the purposes identified above.
Vendito may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Vendito or its agents for quality control and training purposes, or for its own protection.
Vendito’s systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Vendito’s User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Vendito may store message contents, including to conduct this scanning and analysis.
Return policies are determined by each vendor. Buyers must read the return or exchange policy for each vendor in the vendor store and/or in the item listing under the “Delivery Details” tab before making a purchase.For more information, please see our Returns Policy guidelines.
To provide the safest and most reliable shopping experience, most purchases are covered under Vendito Money Back Guarantee. This means you’re protected if the item you ordered didn’t arrive, is faulty or damaged, or doesn’t match the listing. You’ll get your money back. For all the details of how the Vendito Money Back Guarantee works, please see our policy guidelines.
12. Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Vendito’s applications may not occur in real time. Such functionality is subject to delays beyond Vendito’s control.
Vendito provides the Site and its services on an “as is” and “as available” basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Vendito makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Vendito makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Vendito has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
To the extent permitted by law, Vendito, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Vendito has been advised of the possibility of such losses or damages)
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to indemnify and hold Vendito and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
If any dispute, claim, controversy or difference (including in relation to any tortuous or statutory claim) (“Dispute”) arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
16. Governing Law
This User Agreement is governed by, and construed in accordance with, the State of Kuwait law. This clause will survive any expiry or cancellation of this User Agreement for any reason.
A. Applicable Law
Except as otherwise provided in this User Agreement, if any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Vendito with respect to the subject matter hereof.
You acknowledge and agree that Vendito shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement (“Substantial Amendment”) in accordance with the terms of this User Agreement. You acknowledge and agree that Vendito at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Vendito Service.
If you create or use an account on behalf of a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Vendito, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language, whether on the Site or otherwise, the Arabic text shall prevail.