Effective Date of Current Policy: May, 1st 2014
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Images of people, places and/or products posted on this Site are either the property of Diva, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Diva or its partners or affiliates and is protected by Local and international copyright laws. The compilation of this Site is the exclusive property of Diva and is protected by local and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at email@example.com
All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Diva, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Diva, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
Limited License and Site Access
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
Personal Data, Accounts, Forms, Registrations and Passwords
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any order, inquiry, quote request, or other request for information. Diva is not responsible for any errors or delays in delivering orders or in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of Diva.
You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Diva immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that Diva, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you. Diva cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.
Content You May Submit to Diva
From time to time Diva may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, Diva welcomes your comments regarding our products and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Diva must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Diva will become, upon your submission, the sole and exclusive property of Diva and Diva shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that Diva has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to Diva. By submitting any materials of any kind to Diva, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to Diva does not and will not violate or infringe the rights of any third-parties.
You agree to fully indemnify Diva, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.
Risk of Loss
All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Links to Other Websites
Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of websites accessible from this Site, or websites linking to this Site.
Eligibility to use and to purchase from the website
This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this website.
To be eligible to purchase products on the Site (the "Goods") and lawfully enter into and form contracts with us, you must:
- Be 18 years of age or over subject to clause 4 below
- Be legally capable of entering into a binding contract
- Provide full details of a delivery address
- If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
The prices of the Goods are quoted on the Website.
Prices quoted for delivery are in GBP, Euro or USD depending on the location of the website you are using. To ensure that that the most accurate delivery costs are displayed, click on the link at the top of the website and select your country from the list of shipping destinations.
Unless otherwise stated, prices are quoted excluding sales tax and/or VAT and/or shipping costs.
We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as but without limitation to, any foreign exchange fluctuation, significant increase in the costs of labor, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
Incorrectly priced or described goods
Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those goods to you
If we discover the error before sending you a Shipping Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund.
Product images on the Site are for illustrative purposes only.
Payment can be made by any major credit or debit card or through an electronic payment account as explained on our order form.
By placing an order, you consent to payment being charged to your debit/credit card account or by electronic payment account as provided on the order form.
Payment will be debited and cleared from your account before the dispatch of the Goods to you.
When you pay for your order by card, we carry out certain checks which include obtaining authorization from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
By accepting these conditions you:
- Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered
- Undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale
- Authorize us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorization from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention.
We shall contact you should any problems occur with the authorization of your card.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from our Website.
Order process and formation of a contract
All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.
A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the Goods. We will send you an email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
Shipping and Returns
All content contained on the Site, including text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, Diva disclaims all representations and warranties, express or implied, with respect to such content, whether provided or owned by Diva or by any third party, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, Diva does not represent or warrant that the content accessible via the Site is accurate, complete, or current, and you may not rely on the content accessible via the Site.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event shall Diva, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: (i) errors, mistakes, or inaccuracies with regard to the content contained on the Site;(ii) any unauthorized access to or use of the Site or Diva's secure servers and/or any and all personal information and/or financial information stored therein; (iii) any interruption or cessation of transmission to or from the Site; (iv) any bugs, viruses, trojan horses or the like that may be transmitted to or through the Site by any third party; or (v) any errors or omissions in any content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the content contained on the Site, whether based on tort, strict liability, breach of contract, breach of warranty or any other legal theory, and whether or not Diva was advised of the possibility of such damages.