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General terms and conditions of use

1. SUBJECT MATTER

These terms and conditions (the "General Terms of Use") govern the use of and the access to the website www.divoboutique.com (the “Site”).

By using the Site you agree to comply with and be bound by these General Terms of Use. If you do not agree to these General Terms, please do not use the Site.

The Site is the property of Divo srl (“Divo”) having its operational headquarters at via Di Bientina 64, 56020 Santa Maria a Monte, Pisa, tax code and vat number 01901770501, and having its registered office at via Privata Giovacchini 18, 56029 S. Croce Sull'Arno, (PI), Italy.

For assistance and/or information regarding orders and shipments, refunds and the return of Products purchased on the Site, suggestions and other general information concerning the services provided by the Site, Divo may be contacted by e-mail at the address customercare@divoboutique.com

For any further legal information, the Privacy and Cookie Policy, the Customer Care section and the General Conditions of Sale may be consulted.

Divo may make changes to these General Terms of Use, in whole or in part. Changes and updates will be notified to users on the homepage of the Site as soon they are adopted and shall be binding once posted on the Site.


2. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

Divo recommends that access to and use of the Site, including the viewing of Web pages, communications with Divo, downloading information concerning Products and the purchase on the Site be activities carried out by users solely for personal purposes, unrelated to any trading or professional activity. It is expressly forbidden to use any part or section of the Site and the material contained on the Site for direct or indirect trading or advertising activities. Users who incur fraudulent or illegal acts shall be prosecuted in accordance with the law.

Users shall be solely liable for the use of the Site and its contents. Divo may not be held liable in any way for the use of the Site or its contents in a manner inconsistent with applicable provisions of law by any of its users, without prejudice to Divo's liability for wilful misconduct or gross negligence. In particular, the users shall be solely liable for the submission of inaccurate or incomplete information and data and the improper use thereof. Furthermore, the users shall always be liable for processing of the personal data of third parties and for obtaining their consent to processing where required by law.

Divo takes all measures reasonably necessary to ensure that the Site and its contents are virus free but cannot guarantee that the computers of users and their hardware and software components will not be damaged, corrupted, lost or suffer other consequences following access to or use of the Site or any of its contents. Divo disclaims all liability for any damages deriving from the inaccessibility of the services present on the Site or from any damages caused by viruses, damaged files, errors, omissions, service outages, deletions of contents, problems relating to the network, providers or telephone and/or telecommunications connections, unauthorised access, alteration of data, and improper and/or defective functioning of users' electronic devices. Users shall be responsible for using anti-virus software to scan in advance any software or other materials that they download from the Site and to verify that such software or materials are compatible with their devices.

Users are responsible for keeping and properly using their personal information, including credentials that allow them to access reserved services and for all adverse or detrimental consequences that should result for Divo or third parties following the improper use, loss or theft of such information.


3. PRIVACY AND COOKIE POLICY

Users may read our Privacy and Cookie Policy which explain online privacy practices. Privacy and Cookie Policy applies even if users access the Site and use the related services but do not purchase any Products.


4. INTELLECTUAL PROPERTY RIGHTS

The user acknowledges that all contents, in any format, published on the Site, including Web pages, graphics, colours, templates, instruments, the fonts and design of the Site, diagrams, layouts, methods, processes, features and software that are part of the Site are protected by copyright and all other intellectual property rights held by Divo or are included with the permission of their owners. It is prohibited to reproduce part or all of the Site and its contents in any form without the express written consent of Divo or its owners. Divo may authorise or forbid the direct or indirect, temporary or permanent reproduction, in any manner of form, of the Site and its contents, in whole or in part.

With regard to the use of the Site, users are authorised solely:

(i) to view the Site and its contents;

(ii) to engage in all other acts of temporary reproduction, devoid of inherent economic significance, regarded as provisional or accessory, as integral and essential to viewing the Site and its contents;

(iii) to carry out all other operations of browsing of the Site that are performed solely for legitimate use of the Site and its contents.


5. LINKS TO OTHER WEBSITES

The Site may provide hyperlinks to third party websites. Divo do not control or guarantee for the security of any third party websites. Furthermore, Divo cannot be held liable for the rules adopted by such sites regarding the privacy of users and the processing of their personal information during the browsing process. The users shall therefore view the terms and conditions of use and privacy rules adopted by the third parties when they visit these websites.

The Site provides links to other websites solely to facilitate its users in search and browsing and to facilitate hypertext connections via the Internet to other websites.

By providing hyperlinks to third party websites, Divo does not recommend that its users access such third party websites.


6. INFORMATION, REPORTS AND CLAIMS

Users may contact Divo as follows for any information, requests, reports or claims concerning the Site:

PHONE +39 0587 398155

MAIL customercare@divoboutique.com


7. GOVERNING LAW - SETTLEMENT OF DISPUTES

The Italian laws govern all matters arising out of or relating to these General Terms of Use.

In the event of disputes arising from the General Terms of Use between Divo and each of its end users, the European Commission provides a platform for the alternative out-of-court resolution of disputes, accessible on the website http://ec.europa. eu/odr.


GENERAL CONDITIONS OF SALE

(effective form July 2023)

The products for sale on  www.divoboutique.com (hereinafter referred to as the “Site”) are sold by Divo s.r.l., with headquarters in via di Bientina 64, Santa Maria a Monte, Pisa, and registered office in Via Privata Giovacchini 18, in S. Croce sull'Arno, Pisa, VAT number 01901770501.


1. Acceptance of The General Sales Conditions and on-line Contract Conclusion

1.1 These General Conditions of Sale (hereinafter the "General Conditions") govern the sale to final consumers (hereinafter "Client” or "Customer") of the products sold by Divo on its Site (the "Products").

1.2 The term Client or Customer means any natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, as defined by art. 3 of Legislative Decree n. 206/2005.

1.3 The online sales contract concluded through the Site is governed by these General Conditions and by the provisions of Legislative Decree 6 December 2005 n. 206 ("Consumer Code"), recently amended by Law n. 23/2023, by Legislative Decree n. 26/2023 and by Legislative Decree n. 28/2023, as well as by the provisions of the Civil Code, for what is not already expressly provided for here.

1.4 Each purchase is governed by the General Conditions in the version that will be published on the Site at the time the order is sent by the Customer.

1.5 The Customer is invited to carefully read these General Conditions before concluding an order through the Site. By placing an order, the Customer implicitly and fully agree to these General Conditions.

1.6 Divo reserves the right to make changes of these General Conditions at any time, at its discretion, without the need to notify the users. Any changes made shall be effective once posted on the Site and shall apply to sales concluded starting from that date. The prices, the Products for sale on the Site and/or their characteristics are subject to change without notice.

1.7 Even if the Site is accessible from all over the world, the Products available can only be purchased by Customers who request delivery to one of the States indicated on the Site in the "Shipping" section.

1.8 The offer of the Products on the Site is addressed exclusively to persons of legal age, with full capacity to act, or to minors between the ages of 16 and 18 with the authorization and/or under the supervision of a parent or guardian and/or legal entities that do not intend to sell and/or market them as part of the exercise of any business activity whatsoever.


2. Selection of Products and Procedure for contract conclusion

2.1 The only Products offered for sale by Divo are those present on the Site when the Order is placed, with the characteristics described in the pertinent product information sheets.

2.2 The images accompanying the information sheet for a Product are for informational purposes and may not be perfectly representative of its characteristics, differing, for example, in terms of colour and size (possibly due to the browser and monitor used to access the Site and display the images).

2.3 The presentation of the Products on the Site, which is not binding for Divo, represents an invitation to Customers to submit a contractual purchase offer, rather than an offer to the public.

2.4 The Customer can select the Products of interest and insert them in the virtual shopping cart. Once the selection is completed, in order to purchase the Products placed in the cart, the Customer will be invited to: (i) register on the Site, providing the requested personal data, or (ii) to log in, if the Customer is already registered, or (iii) if the Customer does not intend to register on the Site, to provide the data in order to complete the order and allow the conclusion of the purchase contract.

2.5 The Customer already registered on the Site will also have the right to insert one or more Products on the Site in the personal Wish List which allows to save the Products you wish to purchase which will remain on the list also for subsequent accesses to the Site.

2.6 The Customer must select the method of shipment of the Products and the method of payment, among those available on the Site. Should the Customers wish to receive the invoice, they must select the appropriate option in the order form pursuant to article 22 of Presidential Decree n. 633/1972.

2.7 Once the above steps have been completed, the Customer will be able to view a summary of the Order, the contents of which may be modified until the button ["Confirm order with payment obligation"] is selected. The Customer must then carefully read and expressly approve these Conditions by checking a box on the Site. Finally, the Customer will be asked to confirm the Order, which will then be definitively submitted to Divo, using the button ["Confirm order with payment obligation"].

2.8 Orders submitted by Customers to Divo through the Site are contractual proposals and are governed by these General Conditions.

2.9 Orders are subject to the availability of the Products and to Divo's acceptance. Divo reserves the right, at any time and at its sole discretion, to reject an Order, for example in the following cases: (i) the Products ordered are no longer available on the Site and/or in its warehouses; (ii) Divo identifies an error on the Site relating to the price and/or description of the Products; (iii) the Order cannot be executed due to an error in the information provided by the Customer (for example, payment, billing or delivery address information); (iv) Divo has reason to believe that the Order has been placed by a minor. Divo also reserves the right to make partial deliveries and/or to limit the quantities of Products subject to the Order. In this case, the Customer will only be charged for the price of the Products delivered. In such cases, Divo shall contact the Customer via e-mail, as soon as possible and in any case within 30 (thirty) days of placing the Order on the Site. Any payments already made by the Customer will be promptly refunded by Divo, with the same methods used by the Customer for the payment of the Products and the purchase contract will be considered partially or totally resolved between the parties, depending on whether the Order has been fulfilled only in part or has not been fulfilled at all.

2.10 Divo shall confirm that an Order has been properly received by sending the Customer a reply by e-mail to the address indicated by the Customer confirming the Order (hereinafter the "Order Confirmation"). The Order Confirmation shall contain a copy of these General Conditions, as provided for in applicable legislation, the data included in the Order by the Customer and a description of the characteristics of the Product(s) ordered, so that they Customer can check them and report any corrections of incorrect data without delay.

2.11 The contract shall be considered concluded when the Customer receives the Order Confirmation from Divo by e-mail.


3. Payment Terms and Conditions

3.1 All prices of the Products on the Site are in Euros. The total amount due is inclusive of VAT. Any delivery costs or payment charges shall in any case be notified to the Client through the Site. The Customer may read the provisions of Article 4.2 below regarding the possible application of duties to the shipment of the Products remain unaffected.

3.2 The Customer agrees to pay the price of the Products purchased using the following methods:

(i) PayPal

For payment, the Customer can use Paypal circuit.

(ii) Online Credit Card

When the Products are purchased by Credit Card, the transaction may be performed through PayPal secure server or another secure server selected by Divo.

(iii) Scalapay

For payment, the Customer can use Scalapay circuit.

Divo will not be able to know the information relating to the Customer's credit card. Divo does not keep any archive of such data and therefore in no case shall be held responsible for any fraudulent or illegal use of credit cards.


4. Products Shipment and Delivery Method

4.1 The Products shall be delivered to the address indicated in the Order by the Customer (if located in Italy) approximately between 24 and 120 hours from Divo's acceptance of the Order at the cost specifically indicated on the Site. Divo reserves the right to accept or reject deliveries requested outside of Italy and Europe. In any case, for deliveries to be made outside of Italy, shipping costs and delivery times may change.

4.2 With regard to deliveries requested outside Europe, the total price indicated in the Order and in the Order Confirmation will only include indirect taxes (if applicable) and shipping costs; therefore, any import customs fees and/or duties shall be borne by the Customer. The amount of these duties and/or other taxes may vary from country to country depending on the Products and/or their value. The Customer shall be solely responsible for the payment of such duties and/or taxes and hereby undertakes to pay them, if due, in addition to the price indicated in the Order and in the Order Confirmation, in accordance with the provisions of the law of the country in which the Products will be delivered. The Customer is therefore invited to contact the customs authorities of his country in advance to check the costs and any import limits. The Customer acknowledges and accepts that the lack of knowledge of the costs, charges, duties, taxes and/or taxes referred to in this Article 4.2, at the time of sending an Order to Divo, shall not be considered as cause for termination of the contract and that under no circumstances may he/she charge such costs to Divo.

4.3 The delivery times indicated by Divo shall be considered indicative and not binding for Divo; therefore, a delay does not entitle the Customer to refuse delivery and to request compensation for damages or indemnity. Divo cannot therefore be held responsible for any loss or damage suffered by the Customer due to delays in the delivery of the Products, unless such delay is due to Divo's willful misconduct or gross negligence. For details of delivery the Products, the Consumer may visit the "Shipping" section.

4.4 Product risks are transferred to the Customer or third party designated by them upon delivery of the Products thereto. Risk is transferred to the Customer already at the time of delivery to the carrier if the latter has been chosen by the Customer and said choice has not been suggested by Divo.

4.5 Upon delivery of the Products, the Customer is required to check:

• that the number of packages delivered corresponds to the number indicated in the transport document.

• that the packaging is intact, not damaged, dry or otherwise altered, even in the sealing materials (adhesive tape or metal strapping).

Any damages to the packaging and/or the product or mismatches between the number of packages and the quantity indicated shall be noted immediately by adding a specific annotation to the shipping document for the product to be returned to the carrier.

Acceptance of the delivery of the Products without any Customer’s objection in the transport document means to accept the conformity of the delivery to the Order in terms of quantity, type and packaging.

The additional legal guarantees provided by the Consumer Code in relation to the products delivered and the customer's right of withdrawal remain unaffected.


5. Right of withdrawal

5.1 Pursuant to article 52 of the Consumer Code, the Customer is entitled to withdraw without incurring any penalty and without specifying the reason within 14 days after receipt of the Products purchased under these General Conditions when (i) the Product has already been delivered or (ii) in case of purchasing several Products, the last Product has been delivered.

5.2 Withdrawal may be exercised within the time limit referred to in article 5.1 by sending to Divo an express Customer statement containing the intention to withdraw to the following e-mail address: customercare@divoboutique.com

5.3 Products must be returned within 14 days from the Customer's notification to Divo of the intention to withdraw to the following address DIVO SRL, VIA DEL MONTE EST 91, LOC. FOUR STREETS, 56031, BIENTINA, PISA. The Customer must exercise the right of return within 14 calendar days from the date of receipt of the Products, regardless of the data in which the Products will be returned to Divo. The Products must be returned intact, complete with all its parts and in the original packaging (bags and packaging), kept and eventually used for the time strictly necessary to verify its nature, characteristics and size, according to normal diligence, without any signs of wear or dirt, according to the conditions set out below:

• the right of withdrawal may apply to the Product purchased in its entirety; in fact, it is not possible to exercise withdrawal only on part of the purchased Product (e.g.: accessories, complements, etc...);

• for the withdrawal to be possible, the Product must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: labels, tags, tags, seals, etc...);

• shipping costs (and any customs charges, if any) for returning the Product will be the sole responsibility by the Customer.

• the shipment of the residual Products, until the certificate of receipt in the warehouse indicated by Divo, is under the complete responsibility of the Customer;

• in the event of damage to the Products during the transport, Divo will notify it the Customer and the Client shall promptly file a claim against the courier and obtain the relative refund; the Product shall then be made available to the Customer and the withdrawal request cancelled;

• Divo shall not be liable in any way for damage, theft or loss occurring during or in any case depending on the return shipment.

5.4 After Divo has received the return and checked that all the requirements have been met, the Customer will receive a return acceptance confirmation by e-mail and the refund procedure indicated will be activated and the Products will return to Divo's property.

Divo will refund the Customer the amount already paid, including delivery costs where incurred by the Customer to receive the Products, net of any additional shipping costs pursuant to art. 56, paragraph 2, of the Consumer Code within and no later than 14 (fourteen) days of receipt, by Divo, of the Customer's communication regarding the exercise of the right of withdrawal, by transferring the amount charged, using the same method of payment used by the Customer for the initial transaction, unless. In any case, the Customer will not incur any costs as a consequence of said reimbursement. Divo may suspend the refund until receipt of the returned Product or until the moment in which the Customer demonstrates that he has correctly returned the Product, whichever is earlier.

5.5 The Customer shall be liable for a reduction in the value of Products due to use other than necessary to determine their nature, characteristics and functioning. Therefore, if the returned Products are damaged (for example with signs of wear, abrasion, nicks, scratches, deformations, etc.), not complete with all their elements and accessories (including the labels and tags unchanged and attached to the Product) , not accompanied by the attached instructions/notes/manuals, by the original packaging and packaging and by the guarantee certificate, where present, the Customer will receive an e-mail in which the amount that will be reimbursed equal to the residual value of the Product will be communicated.

The Customer should not handle the Products beyond the extent strictly necessary to determine their nature, characteristics and functioning and should cover the original wrapping of the Products with other protective packaging to keep it intact and protect it during transport, including text and labels. Divo reserves the right to verify the condition in which the Products are returned due to the exercise of the right of withdrawal and to inform the Customer by e-mail of any reduction in the value of the Products due to handling other than as necessary to determine the nature, characteristics and functioning of the Products, and to provide the refund set out in Article 5.4 above reflecting the said reduction in value.


6. Legal Guarantee of conformity

6.1 All Products sold by Divo through the Site are guaranteed for two (2) years from the date of delivery to the Customer, in accordance with the provisions of articles 128 and following of the Consumer Code. The action to enforce the defects not fraudulently concealed by the seller is prescribed, in any case, within 26 (twenty-six) months from the delivery of the Products. To use the warranty assistance, the Customer must keep the invoice, or the payment receipt, and the transport document.

6.2 The guarantee for lack of conformity shall apply if Product has been properly used as described in the usage and washing instructions on the Product label.

6.3 The Legal Guarantee must be enforced directly towards Divo by e-mail to customercare@divoboutique.com, with an indication of the defect and/or non-compliance found, as well as the relative documentation indicated in the return form itself at least 1 (one) photograph of the Product, a copy of the Order Confirmation sent by Divo and/or the tax receipt.

6.4 Divo shall assess the defects and non-conformities reported by the Customer and shall inform the Customer by email whether or not they have accepted the return request. Authorization to return the Products in no way represents acknowledgment of defects or lack of conformity, the existence of which must be determined after return. The Products that Divo has authorized to return must be delivered by the Customer at his own expense, together with a copy of the return authorization communication bearing the "Return Code", within 30 (thirty) days of reporting the non-compliance to the address customercare@divoboutique.com.

6.5 If Divo verifies that the Product is not compliant, the consumer has the right, at his choice, to the have the Products repaired or replaced, without charge, unless the requested remedy proves impossible or does not require the seller disproportionate costs, taking into account all the circumstances pursuant to art. 135 bis, paragraph 2 of the Consumer Code. In this case, the Customer will be entitled to a proportional reduction in the price or to request termination of the contract (in the latter case, Divo will refund the full amount paid by the Customer including the shipping costs incurred for the return of the non-compliant Product).

6.6 The Customer does not have the right to terminate the contract if the lack of conformity is slight. The seller will have to prove that the defect was minor.


7. Claims and requests for information

7.1 Any claims or requests for information may be addressed to Divo as follows: Divo Srl, Via del Monte Est 91, Loc. Quattro strade, 56031, Bientina, Pisa, Italy. 

e-mail customercare@divoboutique.com

pec divo@arubapec.it

For telephone assistance, it is possible to contact Customer Service on the number +39 0587-398155 from Monday to Friday (holidays excluded) from 9am to 6 pm.


8. Privacy

8.1 Personal data collected due to the placement of the Order shall be processed by Divo for the sole purposes of fulfilling the requests of the Customer, in compliance with EU Regulation 2016/679 relating to the protection of natural persons with regard to the processing of personal data and privacy information present on the Site. Any further processing shall only be performed with the Customer's express consent.

8.2 The Customer declares and guarantees that the data provided to Divo by placing the Order are correct and truthful.

8.3 For any further information on the methods of processing the Customer's personal data, please read the Privacy and Cookie Policy section.


9. Force majeure

9.1 Divo shall not be liable in the event of total or partial breach of its obligations under this contract if such non-fulfilment is caused by unforeseeable events and/or natural events beyond its reasonable control, including, without limitation, natural catastrophic events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike of public and/or private workers, strikes and/or restrictions affecting the circulation of carriers and air travel.


10. Language

10 These Conditions are drafted in Italian and English. In the event of any discrepancy between the texts in the various languages or in the event of interpretative doubts, the text in the Italian language shall prevail.


11. Applicable Law and Dispute Resolution

The General Conditions are governed by Italian law.

Any dispute regarding the validity, interpretation or execution of these General Terms and Conditions of Sale shall be referred to an attempt at conciliation to be carried out through the European "Online Dispute Resolution" platform (so-called ODR) which can be consulted at address http://ec.europa.eu/consumers/odr. Through the ODR platform, the Customer can send a complaint relating to the contract concluded online with Divo by activating the online dispute resolution procedure. If the attempt at amicable settlement fails, the dispute is devolved to the judicial authority of the Court where the Customer has domicile or residence.