GENERAL TERMS AND CONDITIONS OF CONTRACT

SCOPE OF APPLICATION

Sales contracts concluded through electronic commerce between the divainparfums.com store and the consumer shall be governed by the following General Terms and Conditions of Contract.

Please read these Terms, our Cookie Policy, and our Privacy Policy carefully before using this website. By using this website or placing an order through it, you consent to be bound by these General Terms and Conditions of Contract and our Privacy Policies. If you do not agree with everything set out in the General Terms and Conditions of Contract and the Privacy Policies, you must not use this website.

If you have any questions regarding the General Terms and Conditions of Contract or the Privacy Policies, you can contact us through the contact methods indicated in the following section.

OUR DETAILS

The sales contract is concluded with Divain Team SL (hereinafter, Divain Team), a Spanish company with its registered office at carretera Astorga - PI, nº 34, 24710 San Justo de la Vega, León, and tax identification number B06939128.

You can contact us by email at divain@divainparfums.com

LANGUAGE

The contract is formalized in Spanish. The website may display translations into other languages (English, French, Dutch, etc.) solely to facilitate understanding.

CONTRACT ARCHIVING

Contracts concluded in the online store are archived. You can access orders placed through your customer account or by sending an email to divain@divainparfums.com

HOW TO PLACE AN ORDER

The website user may browse the online store and fill their shopping cart without registering. Registration is only required to complete the purchase, at which point certain mandatory details must be provided to access the order's shipping information.

To find the item you wish to purchase, you can browse all the sections of our website. By clicking on any of the sections, you will find a wide variety of items, their descriptions, available formats, and corresponding prices. If you are looking for a specific item, you can find it using the various search tools incorporated into the website. If you cannot find what you are looking for, please contact us so that we can help you find the product.

Once you have selected the item you wish to purchase, you only need to click the "ADD TO CART" button. When a product is added to the shopping cart, you will automatically be able to view the status of your full bag. At that point, you may choose to continue shopping or proceed with your order. If you continue shopping, the shopping bag will remain visible at all times in the upper-right corner of the screen. By clicking there, you can view the entire contents of the shopping bag and even modify it.

Once you have selected the items you wish to purchase and provided the necessary shipping details, you will access a form containing all the information on the shipping and payment options. Once a purchase order has been received, Divain Team SL will immediately send confirmation of the completed sale to the email address provided.

Please review the order confirmation email and check that all the details are correct. If you notice that any information is incorrect, you may contact customer service at info@divainparfums.com

CONCLUSION OF THE CONTRACT

By clicking the "Pay now" button, you make a binding declaration of intent whereby you accept the conclusion of the order and undertake to pay for it. You will then receive an acknowledgement of receipt of your order, confirming the conclusion of the contract.

PRICE

The prices shown include the legally applicable Value Added Tax (VAT) and are stated in euros. Unless expressly indicated otherwise, the prices shown do not include shipping costs.

The applicable VAT rate shall be the rate legally in force at any given time, depending on the specific item concerned. For orders destined for the Canary Islands, Ceuta and Melilla (if available), deliveries shall be exempt from VAT pursuant to Article 21 of Law 37/1992, without prejudice to the application of the applicable taxes and customs duties in accordance with the regulations in force in each of those territories.

The customer may download invoices for purchases made by accessing the order history with their user password. However, the customer may request at any time that a copy of the corresponding invoice be sent by electronic means or on paper, at their choice.

Deliveries made to destinations outside the European Union may incur additional costs and be subject to duties and taxes, particularly customs duties and import value-added tax. All costs arising from the non-EU destination shall be borne by the buyer.

PAYMENT METHODS

The payment method for purchases will be selected during the purchasing process and payment, according to the method chosen, will be made upon completion of the purchasing process and will be an essential condition for its formalization.

The accepted payment methods will be kept up to date on the website and will be selectable for each purchase you make on our website.

TECHNICAL MEANS FOR CORRECTING ERRORS

If you notice that an error occurred when entering your personal data during registration as a user of this website, you may modify it in the "My Profile" section.

In any event, you may correct errors relating to the personal data provided during the purchasing process by contacting customer service via the website chat or the email address divain@divainparfums.com, as well as exercise the right of rectification set out in our Privacy Policy.

This website displays confirmation windows in various sections of the purchasing process that do not allow you to continue with the order if the information in those sections has not been provided correctly. In addition, this website provides details of all the items you have added to your basket during the purchasing process, so that, before making payment, you can modify your order details.

If you notice an error in your order after completing the payment process, you must immediately contact our customer service department by telephone or at the email address mentioned above, in order to rectify the error.

SHIPPING AND DELIVERY TIMES

You can consult our shipping policy at https://divainparfums.com/policies/shipping-policy

TRANSFER OF RISK

The risk of loss of or damage to the goods shall pass to the consumer when the consumer or a third party indicated by the consumer, other than the carrier, has acquired physical possession of the goods. However, where the consumer commissions the carriage of the goods or the carrier chosen was not among those proposed by the trader, the risk shall pass to the consumer and user upon delivery of the goods to the carrier, without prejudice to their rights against the carrier.

It is important that you inspect the package at the time of delivery. If you notice that the package is in poor condition, report the issue to the transport company and contact us at divain@divainparfums.com.

RETURNS AND RIGHT OF WITHDRAWAL

You can consult our returns policy at https://divainparfums.com/policies/refund-policy

BROKEN, DEFECTIVE OR INCORRECT PRODUCTS

If, upon delivery of an order, you notice that the packaging has been tampered with or damaged, you must note the reason and the customer's signature on the carrier's delivery note.

If you receive a product with a manufacturing defect, blemish or that is incorrect, you have 7 days from receipt of the order to return it, provided that you notify us within 48h of receipt of the order via our email address divain@divainparfums.com.

It is essential that you send us a high-resolution photograph of the broken, defective or incorrect item and retain the item in order to process this return, as well as a photograph of the original packaging, which must also be retained. We will inform you of the procedure to follow to return it. Likewise, as in the preceding section concerning the right of withdrawal, the goods received must be in their original packaging, in perfect condition, and accompanied by proof of purchase.

If the order includes a free gift with purchase, it must be returned for the return to be accepted.

Once the goods have been received and their condition has been checked, the corresponding amount will be refunded using the payment method used for the order.

WARRANTIES

All products offered on the website are covered by the statutory guarantee in accordance with the conditions established in Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws.

AFTER-SALES SERVICE

Our customer service team is available to handle any potential complaint. You may contact us via the website chat. You may also contact us by email at divain@divainparfums.com.

RETENTION OF TITLE

Ownership of the product shall be transferred upon full payment of the price.

EVENTS BEYOND OUR CONTROL

We shall not be liable for any failure to perform or delay in performing any of our obligations where this is due to events caused by force majeure.

Events of force majeure shall include any act, event, failure to act, omission or accident beyond our reasonable control and, among others, the following:

• Strikes, lockouts or other industrial action.
• Civil unrest, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat of or preparations for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Inability to use trains, ships, aircraft, motor transport or other public or private means of transport.
• Inability to use public or private telecommunications systems.
• Acts, decrees, legislation, regulations or restrictions imposed by any government or public authority.

The obligations shall be deemed suspended for the period during which the force majeure event continues, and the deadline for fulfilling those obligations shall be extended by a period equal to the duration of the force majeure event.

We will take all reasonable measures to bring the force majeure event to an end or to find a solution that enables us to fulfil our obligations despite the force majeure event.

INDUSTRIAL AND INTELLECTUAL PROPERTY

Intellectual property of divain

All content on this website, including, by way of example and without limitation, texts, images, photographs, designs, logos, distinctive signs, trade names, trademarks, models, industrial designs, structures, source code, databases, software and any other element eligible for protection, is the exclusive property of divain or is duly licensed to it, and is protected by national, EU and international intellectual and industrial property legislation. The reproduction, distribution, transformation, public communication, making available, extraction, reuse or any other form of exploitation, in whole or in part, of such content without the prior express written authorisation of its owner is expressly prohibited. Access to the website does not, under any circumstances, imply the assignment, transfer or licensing of rights, or any waiver thereof, by its owner. You may use this material only in the manner expressly authorised by us or by the party that granted us a licence to use it. This will not prevent you from using this website to the extent necessary to copy information about your order or Contact details.

Third-party intellectual property

Our website offers you various search mechanisms. On our website, you may find your product by entering the divain product you wish to purchase as a search term, selecting your fragrance by olfactory families and, where applicable, using price comparison tools. Our commitment is to help our customers gain a deeper understanding of the world of fragrance and enable them to freely identify, describe and choose their favourite fragrances.

By using our website, you assume full responsibility if you type or enter third-party trademarks as search terms for our products in any of our search engines. The fact that a product from our brand is offered as a result of such searches does not imply identity, exact reproduction, technical equivalence or objective similarity with third-party fragrances, nor does it constitute any guarantee of an identical or equivalent user experience or any legal or commercial relationship of any kind with the brand entered by you.

In the case of products that are essentially sensory and subjective in nature, such as perfumes, olfactory perception does not constitute a technical characteristic that can be objectively measured or verified according to standardized parameters. The only element that can be objectively checked, verified, and directly compared between products is the price.

Products marketed under the divain brand are independent creations, developed using their own formulations, different ingredients, and autonomous processes, without reproducing or purporting to reproduce compositions, formulas, or protected know-how belonging to third parties.

Under no circumstances is there any commercial, corporate, contractual, licensing, sponsorship, or other association between divain brand perfumes and the third-party reference brands that you may use as search criteria, which belong exclusively to their respective owners.

Our policy falls within the scope of lawful comparative information provided for in Article 10 of Law 3/1991 on Unfair Competition, insofar as it allows consumers to have useful and non-misleading references when making rational economic decisions, without creating a risk of confusion or association, or unduly taking advantage of the reputation of third-party trademarks.

VIRUSES, HACKING AND OTHER CYBERATTACKS

You must not misuse this website by intentionally introducing viruses, Trojan horses, worms, logic bombs, or any other technologically harmful or damaging program or material into it.

You must not attempt to gain unauthorized access to this website, the server on which this website is hosted, or any server, computer, or database related to our website.

You undertake not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Breach of this clause could constitute offences classified as such under applicable regulations. We will report any breach of such regulations to the competent authorities and cooperate with them to discover the attacker's identity.

Furthermore, in the event of a breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any damage or loss resulting from a denial-of-service attack, virus, or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data, or materials as a result of using this website or downloading content from it or from websites to which it redirects.

LINKS FROM OUR WEBSITE

If our website contains links to other websites and third-party materials, such links are provided for information purposes only, and we have no control whatsoever over the content of those websites or materials. Therefore, we accept no liability for any damage or loss arising from their use.

WRITTEN COMMUNICATIONS

The applicable regulations require some of the information or communications that we send to you to be in writing; nevertheless, by using this website, you agree that most of such communications with us will be electronic.

We will contact you by email or provide you with information by posting notices on this website.

For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that every contract, notice, information and other communication that we send to you electronically meets the legal requirements for being in writing. This condition shall not affect your rights recognised by law.

NOTICES

Notices sent by you to us should preferably be sent through our contact form (chat) or to the email address divain@divainparfums.com. In accordance with the provisions of the preceding clause and unless otherwise stipulated, we may send communications either by email or to the postal address provided by you when placing an order.

WAIVER

Our failure to require your strict compliance with any of the obligations assumed by you under a contract or these Terms, or our failure to exercise any rights or remedies to which we may be entitled under that contract or these Terms, shall not constitute a waiver or limitation of such rights or remedies, nor shall it release you from complying with such obligations.

Our waiver of any specific right or remedy shall not constitute a waiver of any other rights or remedies arising under a contract or these Terms. Our waiver of any of these Terms or of any rights or remedies arising under a contract shall have no effect unless expressly stated to be a waiver and formalised and communicated to you through the various contact details you provided to us.

PARTIAL INVALIDITY

If any of these Terms or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force and shall not be affected by such declaration of invalidity.

OUR RIGHT TO AMEND THESE CONDITIONS

We reserve the right to amend these Terms and Conditions. We will keep you informed of any material changes made to them. These will not have retroactive effect and, except for any possible exceptions depending on the specific case, will apply 10 days after the date of their publication in the relevant notice. If you do not agree with the amendments introduced, we recommend that you do not use our website.

APPLICABLE LAW AND JURISDICTION

The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law.

These General Terms and Conditions are subject to and governed by the provisions of the laws of Spain, in particular:

• Law 7/1998, of 13 April, on General Contracting Conditions.
• Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other supplementary laws.
• Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC.
• Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.

For the resolution of disputes, the parties submit to the Courts and Tribunals of the consumer's domicile, expressly waiving any other jurisdiction.

You may request an out-of-court resolution of disputes at https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en?prefLang=es

COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions will be most welcome. We ask that you send us such comments and suggestions, as well as any questions, complaints or claims, through our contact form (chat). We also have official complaint forms available to consumers and users.

Your complaints and claims submitted to our customer service department will be handled as soon as possible and, in any event, within a maximum period of one month. They will also be registered under a reference number, which we will provide to you and which will allow you to track them. If, as a consumer, you consider that your rights have been infringed, you may submit your complaints to us by email at divain@divainparfums.com in order to request an out-of-court resolution of disputes.