GENERAL TERMS AND CONDITIONS OF CONTRACT

SCOPE OF APPLICATION

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

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

If you have any questions related to 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 address at carretera Astorga- PI, no. 34, 24710 San Justo de la Vega, León, and B06939128.

You can contact us by phone at +34 623 493 884 or by email at info@divainparfums.com 

LANGUAGE 

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

CONTRACT ARCHIVE 

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

HOW TO PLACE AN ORDER

The user of the website can browse the online store and fill the shopping cart without needing to be registered. Only to complete the purchase will it be essential to provide certain mandatory data to access 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, the description, available formats, and their corresponding price. If you are looking for a specific item, you can find it using the various search engines incorporated into the website. If you do not find what you are looking for, we kindly ask you to contact us so that we can help you find the product.

Once you have selected the item you want, you only need to click the “ADD TO CART” button. When a product is added to the shopping cart, you can automatically view the status of your entire bag. At that moment, you can choose to continue shopping or process your order. If you continue shopping, the shopping bag will always be visible at the top right 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 information, you will access a form with all the information about shipping and payment options. Once a Purchase Order is received, Divain Team SL will immediately send a confirmation of the sale to the indicated email address.

Please review the order confirmation email and check that all data is correct. If you notice any incorrect data, you can contact customer service through of the email address info@divainparfums.com 

CONCLUSION OF THE CONTRACT 

By clicking the “Pay now” button, you make a binding declaration of intent by which you accept the conclusion of the order and commit to its payment. You will then receive an acknowledgment 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 indicated in euros. Unless expressly stated otherwise, the prices indicated do not include shipping costs. 

The applicable VAT rate will be the legally valid one at any given time depending on the specific article in question. For orders destined for the Canary Islands, Ceuta, and Melilla (if available), deliveries will be exempt from VAT under the provisions of Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties according to the regulations in force in each of these territories. 

The customer can download the invoice for purchases made by logging in with their user password to the order history. 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 charges and be subject to fees and taxes, especially those of a customs nature and value-added import taxes. All costs arising from the non-EU destination will be borne by the buyer.

PAYMENT METHODS

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

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

TECHNICAL MEANS TO CORRECT ERRORS

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

In any case, you can correct errors related to the personal data provided during the purchase process by contacting customer service through the website chat or the email address, info@divainparfums.com, as well as to exercise the right of rectification contemplated in our Privacy Policy.

This website displays confirmation windows in various sections of the purchase process that do not allow proceeding with the order if the data in these sections has not been provided correctly. Likewise, this website offers details of all the items you have added to your cart during the purchase process, so that before making the payment, you can modify your order details.

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

SHIPPING AND DELIVERY TIMES

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

RISK TRANSFER 

The risk of loss or deterioration of the goods will be transferred to the consumer when he or a third party indicated by him, other than the carrier, has taken physical possession. However, if you are the one who arranges the transportation of the goods or the chosen carrier was not among those proposed by the business, the risk will be transferred to the consumer and user upon delivery of the goods to the carrier, without prejudice to your rights against them.

It is important that you inspect the package at the time of delivery. If you detect that the package is in poor condition, report the problem to the shipping agency and contact us at the email address info@divainparfums.com. 

RETURNS and RIGHT OF WITHDRAWAL

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

BROKEN, DEFECTIVE OR INCORRECT PRODUCTS

If upon delivery of an order you detect 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.

In case of receiving a product with a factory defect, flaw or that is incorrect, you have 7 days from receipt of the order to return it, provided you notify us within 48 hours of receiving the order through our email info@divainparfums.com. 

It is essential that you send us a high-resolution photo of the broken, defective or incorrect item and keep said item to be able to process the return, as well as a photo of the original packaging, which must also be kept. We will indicate the procedure to follow to proceed with your return. Likewise, and as in the previous section regarding withdrawal, the received merchandise must be in its original packaging, in perfect condition, and with a proof of purchase copy.

If there is any gift with purchase in the order, it must be returned in order to accept the return.

Once the merchandise is received and after checking its condition, the corresponding amount will be refunded using the payment method used in the order.

WARRANTIES 

All products offered on the website come with the legal warranty in accordance with the conditions established in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

AFTER-SALES SERVICE 

Our customer service is at your disposal to handle any possible claim. You can contact us through the website chat. You can also contact us by email at the address info@divainparfums.com. 

RESERVATION OF OWNERSHIP 

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

EVENTS BEYOND OUR CONTROL

We shall not be liable for any breach or delay in fulfilling any of the assumed obligations, when it is due to events caused by force majeure causes. 

Force majeure causes will include any act, event, failure to act, omission or accident beyond our reasonable control and among others, the following: 

• Strikes, lockouts or other industrial actions. 

• Civil unrest, riot, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war. 

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. 

• Inability to use trains, ships, planes, motor transport or other means of transport, public or private. 

• Inability to use public or private telecommunications systems.

• Acts, decrees, legislation, regulations, or restrictions of any government or public authority. 

It will be understood that the obligations will be suspended during the period in which the force majeure cause continues, and we will have an extension of the deadline to fulfill such obligations for a period equal to the duration of the force majeure cause. 

We will use all reasonable means to end the force majeure cause or to find a solution that allows us to fulfill our obligations despite the force majeure cause.

INDUSTRIAL AND INTELLECTUAL 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 protectable elements, are the exclusive property of divain or are duly licensed to it, protected by national, community, and international intellectual and industrial property regulations. Reproduction, distribution, transformation, public communication, making available, extraction, reuse, or any other form of exploitation, in whole or in part, of such content is expressly prohibited without the prior express written authorization of its owner. Access to the website does not imply, under any circumstances, 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 as necessary to copy information about your order or contact details.

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 such searches result in a product from our brand 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, olfactory perception does not constitute a technically objective measurable or verifiable characteristic 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.

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

Our policy falls within the scope of lawful comparative information provided 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.

VIRUSES, PIRACY, AND OTHER COMPUTER ATTACKS

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

You will 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 agree not to attack this website through a denial of service attack or a distributed denial of service attack. 

Breach of this clause could entail the commission of offenses typified by applicable regulations. We will report any breach of such regulations to the competent authorities and cooperate with them to discover the identity of the attacker. 

Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website. 

We will not be responsible 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 consequence of using this website or downloading content from it or to which it redirects.

LINKS FROM OUR WEBSITE

In the event that our website contains links to other websites and third-party materials, such links are provided solely for informational purposes, and we have no control over the content of such websites or materials. Therefore, we accept no responsibility for any damage or loss arising from their use.

WRITTEN COMMUNICATIONS

Applicable regulations require that part of the information or communications we send you be in writing; however, by using this website you accept 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 using this electronic means of communication and acknowledge that all contracts, notifications, information, and other communications we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

NOTIFICATIONS

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

WAIVER

Our failure to strictly require you to fulfill any of the obligations assumed by you under a contract or these Conditions, or our failure to exercise the rights or actions that may correspond to us under such contract or the Conditions, shall not imply any waiver or limitation regarding such rights or actions nor shall it exempt you from fulfilling such obligations. 

No waiver by us of a specific right or action shall imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or the rights or actions derived from a contract shall be effective unless it is expressly stated as a waiver and is formalized and communicated to you through the various contact methods you provided us. 

PARTIAL NULLITY

If any of these Conditions or any provision of a contract were declared null and void by a final ruling issued by a competent authority, the remaining terms and conditions shall remain in effect, without being affected by such declaration of nullity.

OUR RIGHT TO MODIFY THESE CONDITIONS

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

APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the purchase contracts of products through said website will be governed by Spanish legislation. 

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

• Law 7/1998, of April 13, on General Contracting Conditions,  

• Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws,

• Regulation 2016/679 of the European Parliament and of the Council of April 27, 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 July 11, on Information Society Services and Electronic Commerce.

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

You can request an 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 will be welcome. We kindly ask you to send us such comments and suggestions, as well as any inquiries, complaints, or claims through our contact form (chat). Additionally, we have official complaint forms available to consumers and users. 

Your complaints and claims to our customer service will be addressed as soon as possible and, in any case, within a maximum period of one month. Likewise, they will be recorded with an identification key that we will inform you of and that will allow you to track them. If you as a consumer consider that your rights have been violated, you can send us your complaints via the email address info@divainparfums.com in order to request an out-of-court dispute resolution.