GENERAL TERMS AND CONDITIONS OF SALE

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 Sale.

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 Sale and by our Privacy Policies. If you do not agree with everything set out in the General Terms and Conditions of Sale and in the Privacy Policies, you must not use this website.

If you have any question relating to the General Terms and Conditions of Sale or the Privacy Policies, you may contact us through the contact channels indicated in the following section.

OUR DETAILS

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

You may contact us by telephone on +34 623 493 884 or by email at divain@divainparfums.com

LANGUAGE

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

FILING OF THE CONTRACT

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

HOW TO PLACE AN ORDER

Users of the website may browse the online store and fill the shopping cart without needing to be registered. Only in order to complete the purchase will it be essential to provide certain mandatory data in order to record the shipping details of the order.

To find the item you want, 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 description, available formats and their corresponding price. If you are looking for a specific item, you will be able to find it using the various search engines built into the website. If you cannot find what you are looking for, we would ask you to contact us so that we can help you find the product.

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

Once you have selected the items you wish to purchase and provided the data required for shipping, you will access a form containing all the information on shipping and payment options. Upon receipt of a Purchase Order, Divain Team SL will immediately send confirmation of the sale to the email address provided.

Please review the order confirmation email and check that all the details are correct. Should you notice any incorrect detail, you may contact customer service at the email address divain@divainparfums.com

CONCLUSION OF THE CONTRACT

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

PRICE

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

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

Customers may download the invoice for purchases made by accessing their order history with their user credentials. Nevertheless, customers may request at any time that a copy of the corresponding invoice be sent to them electronically or on paper, at their choice.

Deliveries made to destinations outside the European Union may entail additional costs and be subject to fees and taxes, in particular customs duties and import VAT. All costs arising from the non-EU destination shall be borne by the buyer.

PAYMENT METHODS

The method of payment for purchases shall be selected during the purchase process and payment, according to the method chosen, shall be made at the end of the purchase process and shall be an essential condition for its formalisation.

The accepted payment methods are kept up to date on the website and may be selected in each purchase you make on our website.

TECHNICAL MEANS FOR CORRECTING ERRORS

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

In any event, you may correct errors relating to the personal data provided during the purchase process by contacting customer service through 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 at various stages of the purchase process which do not allow the order to proceed if the data in those stages has not been provided correctly. Likewise, this website shows the details of all items you have added to your basket during the purchase process, so that, before making payment, you may modify the details of your order.

If you detect an error in your order after completion of the payment process, you must contact our customer service immediately, on the telephone number 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 or deterioration of 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 them. However, if it is you who arranges the transport of the goods or the carrier chosen is 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 latter.

It is important that you inspect the parcel at the time of delivery. If you detect that the parcel is in poor condition, report the problem to the carrier and contact us at the email address 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, on delivery of an order, you detect that the packaging has been tampered with or damaged, you must record the reason on the carrier's delivery note together with the customer's signature.

Should you receive a product with a manufacturing defect, a flaw, or which turns out to be incorrect, you have 7 days from receipt of the order to return it, provided that you notify us within 48 hours of receipt of the order through 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 that you keep that item in order for us to be able to process this return, as well as a photograph of the original packaging, which you must also keep. We will inform you of the procedure to follow in order to proceed with the return. Likewise, and as in the preceding section relating to withdrawal, the goods received must be in their original packaging, in perfect condition, and accompanied by a copy evidencing the purchase.

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

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

WARRANTIES

All products offered on the website carry the legal warranty in accordance with the conditions laid down 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 is at your disposal to handle any possible complaint. You may contact us through 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 OUTSIDE OUR CONTROL

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

Force majeure events shall include any act, event, failure to exercise, omission or accident beyond our reasonable control, including, among others, the following:

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

It is understood that the obligations shall be suspended for the period during which the force majeure event continues, and we shall have an extension of the period for performing those obligations for a length of time equal to the duration of the force majeure event.

We shall use all reasonable means to bring the force majeure event to an end or to find a solution enabling us to perform our obligations despite the force majeure event.

INDUSTRIAL AND INTELLECTUAL PROPERTY

divain's intellectual property

All content on this website, including but not limited to texts, images, photographs, designs, logos, distinctive signs, trade names, trademarks, models, industrial designs, structures, source code, databases, software and any other element capable of protection, is the exclusive property of divain or is duly licensed in its favour, and is protected by national, EU and international legislation on intellectual and industrial property. The reproduction, distribution, transformation, public communication, making available, extraction, re-use 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 in any case imply assignment, transfer, licence or waiver of rights on the part of its owner. You may use this material only in the manner expressly authorised by us or by whoever granted us the licence for its use. This shall not prevent you from using this website to the extent necessary to copy the information about your order or our contact details.

Third-party intellectual property

Our website offers you various search mechanisms. On our site you can find your product by entering the divain product you want as a search term, by selecting your fragrance by olfactory families and, where applicable, through price comparison tools. Our commitment is to help our customers deepen their knowledge of the world of perfume and to enable them to identify, describe and freely choose their favourite fragrances.

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

Since these are products of an essentially sensory and subjective nature such as perfumes, olfactory perception does not constitute a technical characteristic that is objectively measurable or verifiable against standardised parameters. The only element that is objectively verifiable, checkable and capable of direct comparison between products is the price.

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

Under no circumstances is there any commercial, corporate, contractual, licensing, sponsorship or association relationship whatsoever between divain-branded perfumes and the third-party reference trademarks that you may use as a search criterion, 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, in that it allows consumers to have useful and non-misleading references for making rational economic decisions, without creating a likelihood of confusion or association, or taking unfair advantage of the reputation of third-party trademarks.

VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or any other program or material that is technologically harmful or damaging.

You shall not attempt to gain unauthorised access to this website, to the server on which this site is hosted or to any server, computer or database connected to our website.

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

Breach of this clause could entail the commission of offences classified under the applicable legislation. We will report any breach of such legislation to the competent authorities and will cooperate with them to discover the identity of the attacker.

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

We shall 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, IT equipment, data or materials as a result of the use of this website or of downloading its content or content to which it redirects.

LINKS FROM OUR WEBSITE

Where 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. We therefore accept no liability for any damage or loss arising from their use.

COMMUNICATIONS IN WRITING

Applicable legislation requires that part of the information or communications we send you be in writing; however, by using this website you accept that most of these 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 all contracts, notices, information and other communications we send you electronically comply with the legal requirement of being in writing. This condition shall not affect your statutory rights.

NOTICES

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

WAIVER

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

No waiver by us of a specific right or action shall constitute a waiver of other rights or actions arising from a contract or from the Terms. No waiver by us of any of these Terms or of rights or actions arising from a contract shall take effect unless it is expressly stated to be a waiver and is formalised and communicated to you through the various contact channels 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, unaffected by such declaration of nullity.

OUR RIGHT TO AMEND THESE TERMS

We reserve the right to amend these Terms and Conditions. We will keep you informed of substantial changes made to them. Such changes shall not be retroactive and, save for possible exceptions depending on the specific case, shall apply 10 days after the date of their publication in the corresponding notice. If you do not agree with the changes introduced, we recommend that you do not use our website.

APPLICABLE LAW AND JURISDICTION

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

These General Terms are subject to and shall be governed in accordance with the laws of Spain, in particular:

• Law 7/1998, of 13 April, on General Contracting Terms.
• 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.
• Regulation (EU) 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, and repealing Directive 95/46/EC.
• Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.

The parties submit, for the resolution of disputes and waiving any other jurisdiction, to the Courts of the consumer's domicile.

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

COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions are welcome. Please send us such comments and suggestions, as well as any query, complaint or claim, through our contact form (chat). We also have official complaint forms available to consumers and users.

Your complaints and claims to our customer service will be dealt with as promptly as possible and, in any event, within a maximum period of one month. They will also be registered with an identification code which we will notify to you and which will allow you to track them. If, as a consumer, you consider that your rights have been infringed, you may address your complaints to us at the email address divain@divainparfums.com in order to request out-of-court dispute resolution.