Terms and Conditions

THE AGREEMENT

The use of this website and services provided by Divvia (doing business as Divvia, hereinafter “Website”) is subject to the following Terms & Conditions, including all parts and sub-parts, which are incorporated herein by reference. This Agreement governs the use of all pages on this website (collectively, “Website”) and any services provided by or on the Website (“Services”).

DEFINITIONS

“Agreement” means these Terms and Conditions, the Privacy Policy, and other documents provided by the Website.
“We,” “us,” “our” refers to DIVVIA.COM.
“User,” “You,” “your” means any person or entity accessing the Website or availing of its services, including companies, partnerships, sole traders, and associations.
“Website” includes sales@divvia.com, any successor website of the Company, and its affiliates.
“Parties” collectively refers to “We” and “You.”

ASSENT & ACCEPTANCE

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY. THEY AFFECT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES, INCLUDING:
Your obligation to comply with all applicable laws.
Limitations on our liability to you.
A requirement to resolve claims against us on an individual basis (not as part of a class or representative action).
Your access to and use of the Services is conditioned on your acceptance of these Terms and our Privacy Policy. If you do not agree, cease using the Services immediately. We reserve the right to modify these Terms at any time; updates take effect upon posting. By continuing to use the Services after updates, you agree to the revised Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND DIVVIA.

ORDERING

All purchases are governed by these Terms.
When placing an order, you warrant that all provided details are true and accurate.
Payment Methods: PayPal, Visa, MasterCard, American Express, Credit/Debit Cards.
Order Process: Add items to the shopping bag and proceed to checkout. Items in the bag are not reserved. Review your order carefully before submission.
Payment is collected immediately upon completion of the payment process. You will receive an order confirmation email, followed by a delivery details email.
Order Acceptance: We may refuse an order for reasons including: unavailability of products, payment authorization failure, ineligibility to buy/sell, or errors in pricing/description. If refused, we will email confirmation and refund payment within 24 hours of the email.
A legally binding contract is formed only when we send a “Confirmation Email,” at which point we will dispatch the products or provide an estimated dispatch date.
Notify us immediately at sales@divvia.com if there is an error in the order confirmation.
We may refuse processing if your payment is unauthorized or you do not meet eligibility criteria. You will be notified in writing of unaccepted payments, including reasons.

PRICES

All prices are in US dollars, include applicable VAT, but exclude delivery charges (detailed separately).
We strive for price accuracy, but errors may occur. If the correct price is lower, we will proceed with the order. If higher, we will contact you to confirm whether you wish to proceed.

AVAILABILITY

We endeavor to maintain stock of advertised items but cannot guarantee availability. Acknowledging receipt of your order does not create a binding obligation to supply out-of-stock items. Temporarily unavailable products will be highlighted on the site.

ACCURACY OF INFORMATION

We attempt to accurately describe products but do not warrant that descriptions, colors, or other content are accurate, complete, reliable, current, or error-free. The site may contain typographical errors or inaccuracies. We reserve the right to correct errors, update information, or cancel orders based on incorrect pricing/availability at any time without notice.

DESCRIPTIONS AND PRODUCT INFORMATION

We strive to accurately represent product colors, but monitor calibration differences may cause variations; we cannot guarantee on-screen colors match physical products.
Divvia warrants that purchased goods will conform to the description at delivery. Descriptions are made in good faith (we manufacture most products).
No statements in catalogs, price lists, advertisements, or verbal communications by employees shall override these Terms.

CONFORMITY OF GOODS

Product specifications and descriptions are for overview purposes only and are not binding. We are not responsible for color variations caused by browser or computer systems.

USER CONTENT

You may share content (comments, feedback) but are solely responsible for it and warrant you have permission to use such content.
Do not post content that is:
Ill-mannered, profane, abusive, racist, hateful, pornographic, or in poor taste.
Defamatory, threatening, misleading, fraudulent, or discriminatory.
Violative of privacy, laws, or third-party rights.
Invasive of others’ accounts, or containing viruses/harmful files.
Harassing, repetitive, or derogatory toward others.
Violation may result in refusal of content or termination of access without notice.

ACCEPTABLE USE

You agree not to use the Website or Services:
For unlawful purposes or to damage the Website, Services, or Divvia’s business.
To harass, abuse, threaten, or violate others’ rights.
To infringe intellectual property, distribute viruses, perpetrate fraud, or engage in unlawful gambling.
To publish obscene, defamatory, or discriminatory material.
To unlawfully gather information about others.

INTELLECTUAL PROPERTY

The Website and Services, including all copyrights, trademarks, patents, and other intellectual property (“Our IP”), are owned by Divvia. You may not use Our IP for unlawful or infringing purposes, or reproduce/distribute it (including via new trademarks/URLs) without our written permission.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify and hold harmless Divvia, its affiliates, officers, directors, employees, and agents (“Indemnified Parties”) from claims, losses, costs, and expenses (including attorneys’ fees) arising from:
Your use or inability to use the Services.
Your posted content.
Your violation of this Agreement, third-party rights, or applicable laws.
Divvia may assume exclusive defense of such claims, and you shall cooperate. You may not settle claims affecting Indemnified Parties without their written consent.

EXCLUSION OF LIABILITY

We do not guarantee the accuracy, completeness, or timeliness of information.
We are not liable for direct, indirect, consequential, or other losses (including data loss, financial harm) from use of the Website.
Divvia and its affiliates shall not be liable for indirect, incidental, or special damages arising from use of the Services, third-party conduct, or unauthorized access to your content, regardless of legal theory.

MODIFICATION & VARIATION

We may modify this Agreement at any time without notice. Updates take effect immediately upon posting and replace prior versions unless specified otherwise.

NO WARRANTIES

The Website and Services are provided “As Is.” We disclaim all warranties (express or implied), including merchantability and fitness for a particular purpose. We do not warrant the Services will meet your needs, be uninterrupted, error-free, or secure. You assume all risk of damage to your system or data loss.

LIMITATION ON LIABILITY

To the fullest extent permitted by law, we are not liable for any damages from use of the Website, including lost profits, consequential damages, or torts.

DISPUTE RESOLUTION & BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration rather than in court. Arbitration is more informal than a lawsuit in court. You agree that, by entering into these Terms, you and Divvia are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

GOVERNING LAW AND JURISDICTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in [Insert Your County, e.g., Los Angeles County], and you irrevocably submit to the exclusive jurisdiction of such courts.

SEVERABILITY

If any provision is unlawful, void, or unenforceable, it shall be severed, and the remaining provisions shall remain valid.

CONTACTING US

For questions about these Terms, contact us via the website or email sales@divvia.com.

WEBSITE ACCESSIBILITY

Divvia is committed to digital accessibility for people with disabilities and strives to comply with WCAG 2.1 Level AA standards (partially conformant). Our templates use valid HTML/CSS, allow customization, and support navigation across devices. Feedback on accessibility barriers is welcome via sales@divvia.com.

DISCLAIMER

Divvia makes no guarantees regarding the Website or technology. Services are provided “As Is” and “As Available” without warranties. We may remove or cancel Services indefinitely without notice. We are not liable for any losses from use of the Services, to the maximum extent permitted by law. Third-party sites have separate policies; review them before engaging.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

The Program allows opt-in users to receive automated marketing messages. By participating, you agree to these terms and individual arbitration for disputes.
Opt-Out: Reply “STOP” to opt out (confirmation may be sent). Other methods (e.g., verbal requests) are not recognized.
Message frequency varies; consent is not required for purchases.
Eligibility: 13+ years old (13–18 with parental consent). You need a capable device and participating carrier.
We may modify these terms; updates are communicated, and continued participation constitutes acceptance.
Contact us for program questions.

CONSENT

By using the website, you consent to this disclaimer and agree to its terms.