Legal notice

Please read all sections of this Legal Notice before using this website.

The conditions detailed below are binding for anyone who accesses the use of the site.

In compliance with the information duty established in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information data of this website are provided below.

The purpose of this text is to explain in detail the functionalities of this website and provide you with information related to the website owner and the purpose of the contents included therein.

IDENTIFICATION DATA

This Legal Notice regulates the use of the service of the website divainparfums.com, informing you in compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, of the following points:

Company name: Divain Team SL

Address: Ctra. Astorga-Pi, 34, 24710 San Justo de la Vega, León

Email: info@divainparfums.com 

Contact phone:  +34 623 493 884

Tax ID: B06939128

Customer service hours: from 07:30 to 18:30 hours (GMT +1)

Registration Data: Commercial Registry of León, Volume 1361, Page 40, General Section of Companies, Sheet LE-27070, Entry 19

TERMS OF USE AND USER OBLIGATIONS. 

The user agrees to use the website, as well as its content and services, in accordance with current legislation, generally accepted practices, and public order.

The use of the website for unlawful or harmful purposes both for Divain Team SL and for third parties, or that in any way may damage, disable, overload, or prevent the normal functioning of the site, is expressly prohibited. 

Divain Team SL guarantees that the contents and services offered through the portal respect the principle of human dignity, the protection of youth and childhood, non-discrimination based on race, sex, religion, opinion, nationality, disability, or any other personal and social aspect.

These General Terms of Use of the site do not grant the user any other intellectual or industrial property rights over the contents (information, sound and image files, photographs, designs, etc.), whose ownership corresponds to the entity or to duly authorized third parties.

Any reproduction or distribution, public communication, transformation or modification of said content is expressly prohibited, except with prior written authorization from its legitimate owners or in legally permitted cases. Divain Team SL commits not to engage in misleading advertising and, therefore, the following is prohibited:

  • Use for all types of commercial or advertising purposes, other than those strictly permitted.

  • Its reproduction, publication, distribution, or modification, total or partial, unless prior written authorization is obtained from its legitimate owners or it is legally permitted.

  • Any infringement of intellectual or industrial property rights or third-party rights over the site's content.

INTELLECTUAL AND INDUSTRIAL PROPERTY

divain intellectual property

All content on this website, including but not limited to texts, images, photographs, designs, logos, distinctive signs, trade names, brands, models, industrial designs, structures, source code, databases, software, and any other elements susceptible to protection, are the exclusive property of divain or are duly licensed to it, being protected by national, community, and international regulations on intellectual and industrial property. The reproduction, distribution, transformation, public communication, making available, extraction, reuse, or any other form of exploitation, total or partial, of such content without the prior express written authorization of its owner is expressly prohibited. Access to the website does not imply, in any case, assignment, transfer, license, or waiver of rights by its owner. You may use such material only in the manner expressly authorized by us or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy information about your order or Contact data.

Third-party intellectual property

Our website offers you various search mechanisms. On our page, you can find your product by entering as a search term the divain product you want, selecting its fragrance by olfactory universes and, eventually, through price comparators. Our commitment is to help our customers deepen their knowledge of the world of fragrance and to be able to identify, describe, and freely choose their favorite fragrances.

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

Being products of an essentially sensory and subjective nature such as fragrances, the olfactory perception does not constitute a technically objective characteristic measurable or verifiable according to standardized parameters. The only objectively verifiable, checkable, and directly comparable element between products is the price. 

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

In no case is there a commercial, corporate, contractual, license, sponsorship, or any association relationship between the fragrances of the divain brand and the reference brands of third parties eventually used by you as a search criterion, which belong exclusively to their respective owners.

Our policy is framed within the scope of lawful comparative information provided for in article 10 of Law 3/1991, on Unfair Competition, as it allows the consumer to have useful and non-misleading references to make rational economic decisions, without generating risk of confusion or association, nor improper use of the reputation of third-party brands.

Complaint channel

In the event that a user or a third party considers that a violation of their legitimate intellectual property rights has occurred due to the introduction of certain content therein, they must notify this circumstance to Divain Team SL indicating:

  • Data of the holder of the allegedly infringed rights, or indicate the representation with which they act in case the claim is made by a third party other than the interested party.

  • To indicate the content protected by intellectual property rights and its location on the web, the accreditation of the indicated intellectual property rights, and an express declaration in which the interested party takes responsibility for the truthfulness of the information provided in the notification.

LINKS 

This site provides links to other websites owned by third parties and content that is owned by third parties. 

The sole purpose of the links is to provide the user with the possibility to access said links. Divain Team SL is in no case responsible for the results that may arise for the user from accessing said links.

The user who intends to establish any technical linking device from their website to the portal must obtain prior written authorization from Divain Team SL. The establishment of the link does not imply in any case the existence of relations between Divain Team SL and the owner of the site where the link is established, nor the acceptance or approval by Divain Team SL of its contents or services.

The website where the link is established will not contain any trademark, name, logo, slogan, or other distinctive signs belonging to Divain Team SL, except those expressly authorized.

UNILATERAL MODIFICATION AND DURATION 

Divain Team SL reserves the right to modify, at any time and without prior notice, the presentation and configuration of the website as well as this Legal Notice.

EXCLUSION OF WARRANTIES AND LIABILITY 

Divain Team SL does not guarantee the availability, continuity, or correct functioning of the website, and in no case is responsible for damages or harm, of any nature, that may arise from: 

  • The lack of availability, maintenance, and effective functioning of the Internet access service, nor due to interruptions of the internet network or for any other reason beyond its control. 

  • The existence of viruses, malicious or harmful programs in the contents.

  • The illicit, negligent, fraudulent use, contrary to these conditions, to good faith, to generally accepted practices or to public order, of the website, its services or contents, by users.

PERSONAL DATA PROCESSING 

Divain Team SL as stated in its “PRIVACY POLICY” which you can consult on this website, has adopted the appropriate security levels for the data it processes and manages, incorporating all means and technical measures at its disposal to guarantee its confidentiality, prevent misuse, loss, alteration, unauthorized access, and theft.

APPLICABLE LAW AND JURISDICTION 

For the resolution of all disputes or issues related to this website or the activities carried out on it,  Spanish law shall apply, to which the parties expressly submit, being competent for the resolution of all conflicts arising from or related to its use, the Courts and Tribunals of the domicile of the claimant identified as a consumer, otherwise the competent Courts and Tribunals shall be those from the city of Madrid (Spain).

CONTACT 

In case any user has any doubt about this legal notice or any comment about it, they can contact info@divainparfums.com or send a written communication to the address shown in the header.