Terms and Conditions



Article 1 - General terms and conditions

The present general terms and conditions of use and sale (hereafter referred to as "terms of use") establish the contractual terms and conditions of sale for products offered for sale by the company DIVERZ through its commercial website: www.diverz.store (hereafter referred to as « the website »)

The company DIVERZ (hereafter referred to as either "DIVERZ" or "the vendor" or "seller" is located at 25, calle Pepe Osorio Local B in SAN PEDRO DE ALCANTARA (29670) SPAIN,  under CIF number Y1598666L.  The company's VAT registration number is ESY1598666L . The company is represented by Mrs Frederique Coue-Pelerein.

The products to which the present terms and conditions apply (hereafter referred to as "products") are sold by DIVERZ, are visible and available through the website within the limit of available stock.

The present contract binds DIVERZ and all physical persons (hereafter referred to as "customer"), purchasing for non-commercial use who can provide a valid shipping address in one of the countries detailed in the SHIPPING TERMS & CONDITIONS of the present terms of use and who wish to purchase products from the website (hereafter referred to as "order") strictly for personal use.

Customers may contact the DIVERZ customer service department at any time:

-        By mail: 25, calle Pepe Osorio - Local B - San Pedro de Alcantara - Spain

-        By telephone:  +34 699 204 680

-        By email: info@diverz.store

In the present terms of use, DIVERZ and the customer shall be designated unilaterally as "the party" or jointly as "both parties".

 

Article 2 - Purpose

The present terms of use define the conditions of sale between the customer and DIVERZ for all products ordered through the website.

Both parties expressly acknowledge and agree to the present terms of use, rights, promises and obligations herein, as well as to all steps relative to the ordering process. Validation of an order by the customer implies accepting the present terms of use with no restrictions whatsoever. To this end, customers are responsible for reading the present terms of use and checking the box "I have read and agree to the general terms and conditions of use" when placing an order. Customers may save and/or print these terms of use for their records.

DIVERZ may revise or amend the terms of use at any time, are applicable from the moment they are active on the website and apply to all orders placed from that point on.

In the event that a condition of sale were missing from the present terms of use, then such sales shall be governed by the rules and common practice applicable to distance sale companies based in Spain.

The present terms of use are available in Spanish, French and in English, the original version being English. In the event of any difficulty or interpretation, doubt, dispute or litigation, the English version shall prevail.

 

Article 3 - Validity of offers

Products offered by DIVERZ on the website may only be sold to customers that can provide a valid shipping address in the countries listed in the SHIPPING TERMS & CONDITIONS.

All products visible and offered on the website are available within the limit of available stock.

Should a product become unavailable after an order is placed, the customer will receive email notification from DIVERZ. In such cases, the product order is cancelled and reimbursement of fees charged for unavailable products shall be applied within 30 days of notification. The remainder of the order shall remain firm and definite. Total or partial cancellation by DIVERZ of a customer order shall in no way open any right to any type of compensation relative to non-availability of products.

 

Article 4 - Presentation of products

4.1 Description

Products for sale are described and presented with as much detail as possible. One or more images and a detailed description of the product's main characteristics are available prior to purchase.

However, minor discrepancies between a product and its image may exist, depending on the resolution and definition of an image and the quality of the screen used by the customer. Product descriptions and images are provided on the website for information purposes only and are in no way binding.

4.2  Prices

Prices provided next to each product for sale are expressed in Euros(€) and include VAT. They do not however include any handling, shipping or delivery fees applicable to the order. For details on such fees, see our SHIPPING TERMS & CONDITIONS.

Applicable VAT rates are those applied in Spain on the date DIVERZ validates the order. If limits established by Spanish law are exceeded, rates applied in the country of delivery shall be applied instead.

Applicable prices are those provided on the website and confirmed to the customer upon validation of the order. All shipping and handling fees are provided to the customer in the recap of the order, prior to final order validation and include all applicable VAT. All such shipping fees are billed on top of the price of products and shall remain at the customer's expense.

DIVERZ may change shipping fees or prices at any time, but commits to applying all rates, fees or prices indicated on the website at the time of validation of the order by the customer.  

In the event of obsolete or clearly erroneous prices, DIVERZ reserves the right to refuse or cancel orders placed for a product listed at an incorrect price, regardless of the nature of such errors (technical, typing, IT…). In such cases, customers will be notified as soon as possible and will have the option of placing another order with the corrected prices, should they wish to do so. 

4.3  Discounts and promotions

All discounts and promotions offered on the website shall only apply within the specific period allocated and detailed in the offer and within available stock. Promotions and discounts can in no way be linked to nor provide any type of reimbursement or payment to customers.

Discounts and promotions are reserved for concerned clients. No transfers of any kind to third parties are permitted.

The amount of a promotion or rate of a discount shall be deducted from the price on the order including VAT. This shall not apply to any handling or shipping fees applicable to orders, which shall remain at the customer's charge.

Unless indicated otherwise, special offers, promotions and discounts cannot be cumulated.   

 

Article 5 - Orders

To place an order on the website, customers must follow the following procedures:

5.1  Registration

For all initial orders, customers must fill in a form providing all necessary information for ordering. This shall namely include the customer's email and shipping address. Customers may then choose the shipping options of their preference.

Customers may then choose and purchase products by clicking on each product, which are then automatically added to the customer's basket.

When shopping or preparing an order, customers can access current purchases by clicking on "my basket" at any time.

Customers can then either continue shopping or go to check out to proceed to payment and validate the order.

If a customer is already registered with the website, he or she will only need to log in using his or her email and password. The shipping address pre-registered in a previous order will need to be validated again and the customer will then be able to proceed with shopping as indicated above.

Once the order is complete, a purchase order will appear including the nature, quantity and price of all selected products as well as the chosen means of payment, customer contact information and shipping address for the order.

After checking that all information is correct for the order, and prior to payment, the customer will be required to confirm having read and agreed to the terms of use. Customers may save or print these terms of use for their records.

5.2  Validating an order

 

  • Order validation by the customer:

After checking that all the information in the order is correct, and once all required fields are complete, the customer must click on "validate" to confirm final validation for the order and proceed to payment.

  • Order validation by DIVERZ:

After receiving the order validation from the customer, DIVERZ shall confirm reception and validate the order by sending an email to the customer detailing the order, the nature, prices and quantity of purchases chosen by the customer (in addition to VAT and shipping fees), chosen method of payment, customer contact information and shipping address for the order.

This email acknowledgment of receipt confirms the vendor's acceptance of the terms of use for the customer's order.

 

Article 6 - Payment

6.1 Payment methods

Customers may pay online for their order using STRIPE paying with a credit or debit card (Carte Bleue, Visa, Mastercard, American Express) by providing the card number and expiry date as well as the card security code (last three digits at the back of the card) or by PAYPAL.

The customer's bank account shall be charged upon final validation of the order.

Customers declare and guarantee the vendor to having all necessary authorizations to use such a method of payment. Should authorization for a card payment be refused by a bank or in the event of any non-payment of due amounts by the customer, the vendor reserves the right to suspend or cancel any processing of related orders. DIVERZ also reserves the right to refuse any further orders to a customer with a history of late payments or absence of payment, whether partial or total on past orders.

6.2  Security

 

As a licensed credit institution within the European Union, STRIPE and PayPal protect banking information through crypting and secure operations and servers. Banking information is never sent or communicated to the payment recipient.

Once a customer has confirmed and validated an order, payment history can be accessed in "My account" or "My purchases" or "History".

 

The vendor encourages customers to verify payment statements on the website and if an error is spotted, to immediately challenge any transactions with erroneous amounts or contact the customer service department as indicated in article 1 of the present terms of use.

 

DIVERZ has taken all the necessary measures and gone to great lengths of precaution to provide a safe website. Nevertheless, DIVERZ can in no way be held responsible for any damage or inconvenience, direct or indirect, resulting or linked to using the internet. Customers are kindly reminded that they remain responsible for verifying the security of any given page used for payment (secure pages include a lock logo + url beginning with "https"). Customers are also reminded that minors or third parties should never be given payment methods. Customers should also never give out pin numbers, codes or passwords to anyone, neither by telephone or email, and that when using the internet, up to date anti-virus protection is highly advisable.

In order to prevent credit card fraud and identity theft, DIVERZ reserves the right to ask customers to provide a copy of valid ID and/or proof of address. In such cases, orders shall be placed on standby and labelled as "validation in process" or "standby" until the vendor has received all requested documents. In order to ensure rapid handling of orders, customers commit to providing any requested documents to the vendor within 10 business days of the request. In the event that any requested documents are not be provided, DIVERZ reserves the right to cancel any related orders without this opening any rights whatsoever to any type of compensation to the customer.

Should credit card fraud occur on the website, customers are encouraged to immediately contact the vendor as indicated in article 1 of the present terms of use. This shall in no way open any rights or compensation for damages or otherwise to the customer, nor any type of reimbursement by the vendor. To that end, customers will need to contact their bank directly.

 

6.3  Reserve of property

The vendor reserves the right to ownership of products until reception of full payment for orders.  

6.4  Electronic signature 

Providing a card number online and validating an order shall be tantamount for proof of customer's agreement:

-        Enforceability of due amounts relative to the order

-        Signature and express agreement to all operations

 

6.5  Proof and electronic archiving

Both parties agree that all electronic data exchanged constitute admissible, valid and opposable evidence with the same evidential force as a signed contract.

 

Article 7 - Shipping

7.1 Shipping costs, areas and times  

See our SHIPPING TERMS & CONDITIONS. 


7.2  Order status and tracking

Customers receive email notification and a tracking number when their order is dispatched. This allows customers to follow the order and delivery status.

 

7.3  Transfer of risk

Risk of loss or damage of an order is transferred to the customer from the moment the order is delivered.

However, in the event of returns or exchanges, according to the conditions detailed in article 9, and in the event of delivery mistakes (7.4), products will be travelling under customer liability until effective reception at the above detailed return address of the vendor. 

 

7.4  Mistakes in shipping or delivery

Any errors in shipping must be declared by the customer on the same day or at the latest the first business day following delivery.

Errors or mistakes in delivery or shipping include non-conform products relative to indications in the order form (reference number error, size error, colour errors...)

All shipping or delivery claims filed later than the deadline stipulated in the first paragraph of the present article shall be rejected.

Claims must be sent to the customer service department HERE.

Any claims that are not filed in strict compliance with the above stated rules and procedures and within the designated deadline shall not be taken into account and will release the vendor from any related liability.

Upon receiving a claim, the vendor will provide the customer with an exchange number. Products can only be exchanged after an exchange number is created and provided to the customer.

In the case of delivery errors, all products needing to be exchanged must be returned to the vendor in their original condition and in perfect condition for resale (unworn, unwashed).

In such cases, all return fees will remain at the vendor's cost but under customer liability. Therefore, DIVERZ highly recommends that customers use registered delivery services with proof of receipt to allow proper tracking of return packages.

Any new shipping and handling fees related to replacement products in such cases shall remain at the vendor's cost.

In the event that the delivery error were to alter the price paid by the customer in the initial order for which there has been a claim, the vendor shall apply any and all necessary corrections including as applicable, either customer reimbursement or additional charges depending on the nature of the delivery error and its consequences.

 

Article 8 - Legal and contractual warranty

8.1 Right of withdrawal

According to Spanish consumption law, customers have 14 business days starting from the date of delivery of purchased products to enforce their right of withdrawal without any requirement to provide any type of justification nor any obligation to pay any penalty fees. Details on this right of withdrawal are provided in paragraph "returns, exchanges and reimbursements" above. Only return fees shall remain at the customer's charge.

Only products returned in their original packaging and in perfect condition for resale shall be accepted. Therefore, any products returned in damaged packaging or that have been used, washed or worn shall be refused.

After verification that products have been properly returned according the procedures and conditions indicated in our RETURN POLICY, the customer shall be reimbursed the full amount paid for such products on the bank account used for payment, as soon as possible and within 30 days of the date of withdrawal enforcement.  Reimbursement of products shall include the price of products for which the customer is enforcing his or her right of withdrawal as well as the pro rata cost of shipping relative to the value of the products for which the customer is enforcing his or her right of withdrawal.

8.2  Applicable legal and commercial warranty

Legal warrantee:

Products are guaranteed conform and against any hidden defects, which allows customers to return any defective products or products that do not comply with the order.

Contractual warranty

For any products covered by a specific warranty, the deadline and terms of the warranty are set out in the description of the products involved.

 

Article 9 - Returns and exchanges

9.1 Returns

See our RETURNS POLICY.

 

9.2  Exchange 

See our EXCHANGE POLICY.

 

Article 10 - Intellectual property

All elements on the vendor's website, whether audio or visual (texts, images, illustrations, social denominations, distinctive signs, brands, but not limited to these elements) are protected by copyright, patent and trademark laws and are the sole property of DIVERZ or its suppliers. As such, and according to Intellectual Property law, only uses for strictly personal reasons are permitted on the condition that elements from the website are not altered. All partial or total reproduction or transmission of elements of the www.yogasearcher.com website are forbidden unless express written prior authorization from the vendor is provided.

 

Article 11 - Protection of personal data - (Data protection act)

DIVERZ collects a certain amount of personal data from its customers, which is necessary for processing orders. This information shall remain strictly confidential and destined exclusively to the vendor and/or to various suppliers or subcontractors who may participate in the processing or handling of customer orders.

DIVERZ may however share or disclose this data with authorities or legally authorized institutions if legally required to do so by law, or if DIVERZ determines in its sole discretion, that disclosing such data is necessary to protect DIVERZ rights, or those of its employees, clients or any other third party.

Subject to elements outside reasonable control (force majeure), as defined by law and Spanish courts, DIVERZ commits to taking all necessary precautions to ensure secure use and safety of its archives and files as well as protecting its computer systems in order to prevent any breaches and any alteration, damage or third party access to personal customer data. For more information, customers are invited to read the "legal terms and confidentiality" page to find out more about how we collect and protect personal data.

According to the data protection act, customers benefit from the right to access and require rectification, modification or deletion of the personal information that has been collected about them.  To enforce this right and obtain the information collected, please contact us at the following address providing your name, surname, email and mailing address: 23, calle Pablo Picasso - San Pedro de Alcantara 29670 - Espagne or by email: info@diverz.store

 Customers may also update their personal information through their personal account by logging into the website with an email address and password.

 

Article 12 - Liability and "force majeure"

DIVERZ can only be held responsible for damages caused by violating the present terms of use and any legal obligation.

DIVERZ cannot be held liable for any damage or inconvenience, direct or indirect, linked to using the internet (including but not limited to, service interruption, outside intrusion, computer viruses) that are outside the safeguards and precautions taken by the vendor to this effect.

The vendor shall not be held responsible for any total or partial non-execution of its obligations relative to a customer order, resulting from events outside their control or considered "force majeure" as defined in Spanish law.

In such cases, the vendor shall notify the customer by email of such events within 3 (three) business days following the event. After a period of 1 (one) month and in the event that the "force majeure" event were to persist, the customer order shall be cancelled and if applicable, customers shall be reimbursed by the vendor with 30 (thirty) days at the latest.

 

Article 13 - Safeguard clause

If any provision in these terms of use are or become invalid in compliance with a law or following court decisions, this shall not prejudice the applicability of all the other provisions of these Conditions.

 

Article 14 - Non- waiver provision

The fact that one of the parties does not call on a failure by the other party in complying with any of the obligations mentioned in the terms of use may not be construed as a waiver of the obligation in question.

 

Article 15 - Applicable law and jurisdiction

The present terms of use and any question relative to their interpretation or enforcement are subject to Spanish law. In the event of a dispute or claim, customers should first and foremost contact the vendor directly using the contact information provided in article 1 or through the contact form provided on the website in order to reach an amicable solution. Failing this, customers may choose to initiate legal action before appropriate jurisdiction.