- Introduction
1.1 Thank you for choosing Divano! Welcome to our website. These Terms & Conditions form a legally binding agreement between you and Divano ("we", "us", or "our") and govern your use of our website and the purchase of products and services from Divano.
1.2 By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree to these terms, please do not use our website or make any purchase from Divano.
1.3 We recommend that you review these Terms & Conditions periodically, as we may update them from time to time. Your continued use of the website after any such modifications indicates your acceptance of the updated Terms & Conditions.
1.4 These Terms & Conditions apply to all users of the website, including without limitation, users who are browsers, customers, merchants, and/ or contributors of content.
- Use of the Website
2.1 Access and Compliance:
- By accessing, browsing, or using the Divano website, you agree to comply with these Terms & Conditions and our Privacy Policy. Upon registering, you opt-in to receive email communications, which you can unsubscribe from anytime using the link in our email newsletter footer.
2.2 Prohibited Uses:
- The website must not be used for any unlawful activities or purposes prohibited by these Terms & Conditions. Specifically, you may not:
- Transmit unauthorized or harmful data, including viruses, worms, or other harmful software.
- Gain unauthorized access to any computer systems or networks, including unauthorized use of any APIs provided by Divano.
- Impersonate others, including Divano staff or other registered users.
- Violate the privacy or proprietary rights of others, including intellectual property rights.
- Misrepresent your identity or use a false email address.
- Tamper with, or attempt to access or interfere with, the website or its components.
- Engage in fraudulent activities.
- Collect or harvest information about other users for any unauthorized purpose.
- Misuse any referral or discount programs.
2.3 Intellectual Property Rights:
- All content on the Divano website, including text, graphics, logos, and images, is the property of Divano and protected under intellectual property laws. Unauthorized use of any Divano trademarks or content is prohibited.
2.4 User Conduct:
- Users are expected to behave respectfully and lawfully on the Divano website. Harassment, abuse, and any form of discrimination against other users or Divano staff will not be tolerated.
2.5 Links to Third-Party Websites:
- The Divano website may contain links to third-party websites or resources. Divano is not responsible for the content or accuracy of these external sites, nor do we endorse them. Your use of third-party websites is subject to their terms and conditions.
2.6 Acceptance of Terms:
- By using this website and placing an order through our online store, you acknowledge and accept these Terms & Conditions. Please read them carefully before using the site or placing an order.
- Prices, Payment, and GST
3.1 Prices
- All prices on the Divano website are in AUD, inclusive of applicable taxes unless stated otherwise.
- Prices are subject to change without prior notice, but such changes will not affect orders already accepted.
- Prices on the website may vary from those in our physical stores or other sales channels.
3.2 Payment Methods
- We accept payments via credit card, bank transfer through POLi Pay, and Afterpay.
- When using bank transfer or Afterpay, please follow the instructions provided at checkout to complete your purchase.
- By providing payment details, you confirm that you are authorized to use the method and that sufficient funds are available to cover the transaction.
3.3 Goods and Services Tax (GST)
- Our prices include Goods and Services Tax (GST) for customers in Australia.
- International orders are not subject to GST but may incur import duties and taxes upon arrival in the destination country, payable by the customer.
3.4 Invoicing and Payment Records
- An invoice will be sent to your provided email address upon completion of your purchase.
- Ensure your contact details are accurate and current in our system to receive all necessary transaction documentation.
3.5 Payment Security and Fraud Prevention
- At Divano, we prioritize the security of your personal information during the payment process. To this end, we employ industry-standard encryption technologies, ensuring that your personal details are protected throughout the transaction.
- Please note that we do not retain your credit card or bank information permanently. Once the transaction is completed, this sensitive data is not stored in our systems, reflecting our commitment to your privacy and security.
- As part of our ongoing efforts to prevent fraudulent use of credit cards or other payment methods, we undertake careful validation of order legitimacy. This may include identity verification and additional payment checks.
- While we are dedicated to safeguarding your information, it's important to understand that no method is entirely infallible against unauthorized third-party access. However, these stringent security measures are in place to significantly reduce such risks.
- For high-value orders, or where we suspect a risk of fraud, we adhere to strict internal verification procedures. These orders will be temporarily held until we can confirm the transaction's legitimacy.
- In cases where fraudulent use of payment methods cannot be confidently ruled out, we reserve the right to cancel the order and will notify you of this action via email.
3.6 Late or Failed Payments
- Failure to complete payment by the due date may result in order cancellation and suspension of further deliveries.
- In cases of payment failure, we will attempt to notify you for resolution.
- Orders and Purchases
4.1 Placing an Order
- You must be 18 years or older and have the legal capacity to enter contracts to place an order with Divano.
4.2 Accuracy of Pricing
- We endeavor to ensure that all pricing information on our website is accurate. However, occasional errors may occur. In the event of a pricing error, we reserve the right to cancel the order. We will notify you of such occurrences and any cancellation as soon as possible.
4.3 Order Acceptance and Cancellation
- Order acceptance is at the discretion of Divano. We may refuse or cancel orders due to stock unavailability, incorrect pricing, or concerns regarding the legitimacy of the order.
4.4 Product Availability
- All orders are subject to product availability. If a product becomes unavailable post order placement, we will inform you and suggest alternatives or process a refund.
4.5 Modifications to Orders
- You may request changes to your order provided they are made before order processing. We will make every effort to accommodate such requests but cannot guarantee their feasibility.
4.6 Payment Verification and Order Confirmation
- Orders, especially those of high value or with potential risk factors, are subject to payment verification.
- Upon successful order processing, you will receive a confirmation email detailing your order and shipment information.
- Shipping and Delivery
- Please refer the Shipping and Delivery policy
- Warranty, Returns and Exchanges
- Please refer the Product Warranty, Returns and Exchanges policy
- Privacy Policy
- Please refer the Privacy policy
- Limitation of Liability
8.1 General Limitation
- Divano shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of our website, the purchase of goods, or any other interactions with Divano. This limitation applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Divano has been advised of the possibility of such damages.
8.2 Product Use
- While we strive to provide high-quality products, Divano is not responsible for any damage or loss arising from the misuse of any products purchased from our website.
8.3 Information Accuracy
- We endeavor to ensure that all information on our website is accurate; however, Divano cannot guarantee that all information, including descriptions and images of products, is always accurate, complete, or current.
8.4 Service Interruptions
- Divano is not liable for any interruptions to our service, including website downtime, that are beyond our control.
8.5 Jurisdictional Limitations
- Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
- Dispute Resolution & Governing Law
9.1 Dispute Resolution
- Should a dispute arise from these Terms & Conditions, or related to your use of our website or purchases, Divano first encourages direct communication for resolution.
- If direct resolution is not possible, we suggest mediation or arbitration as alternatives to court proceedings. Both parties will agree on a mediator or arbitrator mutually.
9.2 Governing Law
- These Terms & Conditions and any separate agreements whereby Divano provides services shall be governed by and construed in accordance with the laws of New South Wales (NSW), Australia.
- Legal action or proceeding arising from or related to these Terms must be brought in appropriate courts located in New South Wales, Australia, and both you and Divano agree to the jurisdiction and venue of these courts.
9.3 Waiver of Jury Trial
- Both parties waive the right to a trial by jury in any action or proceeding related to these Terms & Conditions.
9.4 Amicable Settlement Preference
- Divano emphasizes an amicable settlement of disputes and this clause does not prohibit seeking urgent judicial relief in any jurisdiction as necessary.
- Entire Agreement
10.1 Agreement Supremacy
- These Terms & Conditions constitute the entire agreement between you and Divano regarding your use of the website and your purchase of products and services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Divano.
10.2 No Reliance on External Representations
- You acknowledge that in agreeing to these Terms & Conditions, you have not relied on any representation, undertaking, or promise given by or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms & Conditions.
10.3 Amendments
- No amendment, modification, or addition to these Terms & Conditions shall be effective unless it is in writing and signed by an authorized representative of Divano.
- Miscellaneous Provisions
11.1 Severability
- If any part of these Terms & Conditions is determined to be invalid or unenforceable under applicable law, that part shall be ineffective to the extent of such invalidity or unenforceability without affecting the remaining parts of the Terms & Conditions, which will remain in full force and effect.
11.2 Waiver
- The failure of Divano to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision shall only be effective if in writing and signed by Divano.
11.3 Assignment
- You may not assign or transfer your rights or obligations under these Terms & Conditions without the prior written consent of Divano. Divano may assign its rights and obligations to any entity at its sole discretion.
11.4 Notices
- All notices to Divano must be in writing and must be sent to the appropriate address provided on our website. Notices to you may be sent either to the email address or postal address you provide when placing an order or registering on our website.
11.5 Force Majeure
- Divano shall not be liable for any delay or failure to perform its obligations under these Terms & Conditions if such delay or failure arises from a cause beyond our reasonable control (e.g., natural disasters, war, terrorism, government actions, pandemics, or other force majeure events).
11.6 Headings
- Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.