General Terms and Conditions

OVERVIEW
Dyversa runs this store. Wherever the words “we”, “us” or “our” appear on these pages, they mean Dyversa. Dyversa makes the site and everything it contains, including its information, tools and services, available to you as the user, provided that you agree to every term, condition, policy and notice set out below.

When you browse our site or buy anything from us, you are using our “Service” and you accept the obligations in the Terms of Service below (“Terms of Service”, “Terms”), along with any extra terms, conditions and policies that are mentioned here or reachable through a link.

This agreement covers everyone who uses the site, among them visitors, shoppers, vendors and anyone who submits content.

Go through this document attentively prior to entering or using our website. Using any portion of the site means you consent to be legally bound by it.

Should you disagree with any of the provisions set out here, you must not enter the website or make use of its services.

Features or tools introduced to the store later on are covered by this document as well.

The latest edition of this document is always viewable on this page.

We may revise, amend or substitute any portion of this document by publishing the new wording on our website.

If you keep visiting or using the website once changes are published, that counts as your agreement to them.

Shopify Inc. hosts our store, supplying the e-commerce platform which lets us offer our goods and services to customers like you.

SECTION 1 – ONLINE STORE TERMS
Accepting this document means you declare that you have reached adulthood where you live, or that you are an adult and have authorised any minors in your care to browse this site. Our products must not be put to unlawful or unauthorised uses, and while using the Service you may not break any law that applies to you. Do not send worms, viruses or any other damaging code. Failing to respect any of these conditions can lead to your Services being ended straight away.

SECTION 2 – GENERAL CONDITIONS
We may decline service to any person, at any moment, for any lawful reason. Be aware that your content, apart from payment card details, can travel without encryption, may pass across several networks, and may be altered to suit the technical demands of the networks or devices it connects to. Payment card details are always encrypted while crossing networks. You undertake that you will not exploit, resell, sell, copy, duplicate or reproduce any part of the Service, its use, access to it or any contact on the website unless we have given express written permission. Headings in this agreement exist only for convenience and neither restrict nor affect the Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND CURRENCY OF INFORMATION
We accept no responsibility where the information published on this site turns out to be inaccurate, incomplete or out of date. Content on this site is offered purely as general information; it should never be your only basis for a decision without first checking sources that are more precise, complete or recent. Relying on anything published here is done at your own risk. Some pages may hold older information, which is not up to date and is shown for reference alone. We may alter what the site contains whenever we wish, yet we are not required to refresh any information. Keeping track of changes to our site is your own duty.

SECTION 4 – CHANGES TO THE SERVICE AND TO PRICES
Our product prices can change without prior notice.
At any moment we may alter or stop the Service, or any portion or content of it, without warning. Neither you nor anyone else may hold us liable for any change, price adjustment, suspension or termination affecting the Service.

SECTION 5 – OUR PRODUCTS AND SERVICES
A number of products or services can be bought only online via the website. Their stock may be limited, and they can be returned or exchanged solely as our Returns Policy provides. We try hard to show product colours and images as faithfully as we can, but we cannot promise that every colour will look exact on your screen or device. We may, without being obliged to, restrict the sale of our goods or Services to any individual, geographic region or jurisdiction, and we can apply this on a case-by-case basis. We may also cap the quantities of any product or service we offer. Product descriptions and prices may be changed whenever we see fit, with no prior notice. Any product may be withdrawn by us at any moment. Offers for products or services made on this site are void wherever they are forbidden. We cannot promise that the quality, fit, size or look of anything you buy or obtain from us, whether goods, services, information or other material, will satisfy each of your personal expectations. Size suggestions serve as guidance alone and cannot ensure a perfect fit. Our fulfilment partners may make, store, process and ship the products.

SECTION 6 – CORRECT BILLING AND ACCOUNT DETAILS
Any order you place with us may be refused.
At our sole discretion we may cap or cancel the quantity bought by one person, household or order, including those made with one customer account, card, billing address or delivery address. If we amend or cancel an order, we may try to inform you through the email address, billing address or phone number you gave when ordering. Orders that in our view seem to come from dealers, resellers or distributors may be restricted or barred. For every purchase through our store you promise to supply up-to-date, full and correct purchase and account details, and to quickly amend your account data, such as your email address and payment details, so we are able to complete your orders and get in touch whenever necessary.

Our Returns Policy contains further detail.

SECTION 7 – SHIPPING AND DELIVERY
Our fulfilment partners may handle and dispatch orders.
Delivery estimates are only a guide and carry no guarantee. Matters beyond our reasonable control may affect delivery, such as courier delays, customs checks, weather, public holidays, heavy order volumes and transport disruption. Supplying a full and correct delivery address is your job, and we accept no blame for delays or extra charges caused by wrong or missing details from the customer. If tracking says an order was delivered yet it never reached you, contact us and we will look into it with the carrier. We might ask you to ask people in your household, neighbours, safe spots or pick-up points. Once an order is confirmed lost, wrongly delivered or otherwise not received, we will offer a fitting remedy in line with applicable consumer law. Turning down a delivery does not entitle you to a refund straight away: the parcel has first to arrive back at the nominated return location for the refund to go ahead.

SECTION 8 – RETURNS AND THE RIGHT TO WITHDRAW
An eligible purchase may be withdrawn from during the 14 calendar days that follow receipt of your order.
To use this right of withdrawal, get in touch with us before that 14-day period ends, at:

contact@dyversashop.com
Please state in your message your full name, the order number, and which item or items you want to send back. Once you have told us, the goods have to be sent back within 14 days. Wherever reasonably possible, items sent back must still be in the state in which you received them, and must not have been laundered, harmed, marked or modified. Checking the item is allowed, but only as far as is reasonably needed to establish what it is, how it works and whether it fits. If an item has been used more than reasonably needed, we may lawfully deduct an amount for any loss in its value. Parcels have to be addressed to the return location supplied by our customer service team. Never send items back to whatever address appears on the original package, unless we have confirmed in writing that it is correct. Customers pay every cost of sending goods back, except when the item is defective, broken, wrong or otherwise not as described. A trackable service is advisable, and you should hold on to your postage receipt. Parcels that go missing or get damaged in transit before arriving at the nominated return location are outside our responsibility.

SECTION 9 – REFUNDS
Where you properly use your right of withdrawal, we will reimburse the eligible sum you paid. We are entitled to delay the reimbursement until the returned goods reach us or you show evidence that you sent them back. Reimbursement is ordinarily completed inside 14 days of you notifying us of the withdrawal, although the law lets us hold off until the goods or evidence of their return arrive. The money usually goes back through the payment method first used. Once we have issued it, how fast it shows up depends on your bank or payment provider. Where the law demands it, the charge for standard delivery may be given back. Extra amounts you paid for express or premium delivery are non-refundable, except where legislation requires otherwise. If just some of an order comes back, the shipping fee first charged might not be returned. If the order benefited from a promotion, bundle or multi-buy reduction, we may adjust the amount returned to match the worth of the goods you keep.

SECTION 10 – EXCHANGES AND STORE CREDIT
At our discretion, exchanges, replacement items, store credit or similar goodwill options may be provided. Any exchange depends on stock. Should the replacement you asked for be out of stock, we may propose a different size, colour or product, or else credit or a refund where suitable. Credit cannot be turned into cash save where the law says so. Your legal consumer rights stay intact whichever voluntary exchange, replacement or credit solution is offered.

SECTION 11 – OPTIONAL TOOLS
Third-party tools may be made available to you; we neither supervise them nor have any say over how they work.
You accept that such tools are offered on an “as is” and “as available” basis, with no warranty, representation or condition of any sort. We carry no liability that stems exclusively from your use of optional third-party tools. You use any optional tool offered via the site wholly at your own risk and judgment. Make sure you have understood, and accept, the conditions under which each third-party provider supplies its tool.
Further services or features may be added to the website later on, and those too fall under this document.

SECTION 12 – THIRD-PARTY LINKS
Some of the content, products and services offered through our Service may contain third-party material.
Links to outside parties on this site can lead you to websites with which we have no affiliation. Reviewing or assessing the content or correctness of those websites is not our job. We give no warranty and accept no liability or responsibility for any third-party material, website, product or service. Harm or damages arising only from buying or using goods, services, resources, content or transactions directly on third-party websites are not our liability. Before you finalise any transaction, study the policies and practices of the relevant third party. Any complaint or question about third-party products belongs with the company that supplies them.

SECTION 13 – USER COMMENTS, FEEDBACK AND ANY OTHER MATERIAL YOU SEND
Whenever you submit creative ideas, suggestions, proposals, plans, reviews, photos, videos or other material, by any route including the web, email or post, you accept that we may freely use, modify, reproduce, publish, share, translate and show that content for lawful business and marketing aims. Nothing obliges us to keep comments confidential, to compensate you for them or to answer them. Content we consider illegal, offensive, threatening, defamatory, obscene or in any other way objectionable, or that breaches intellectual property rights or these Terms, may be monitored, edited or removed by us. You agree that nothing in your comments will infringe anyone else’s rights, be it copyright, trademark, privacy or any other personal or proprietary right. You also agree that your comments will contain no unlawful, abusive or obscene content and no virus or malware capable of disrupting the Service or related websites. Giving a fake email address, impersonating another person or misleading us or others as to where a comment came from is prohibited. The comments you post, and whether they are correct, are entirely your responsibility. We bear no responsibility or liability for comments written by you or by anyone else.

SECTION 14 – YOUR PERSONAL DATA
Our Privacy Policy covers any personal information you give us through the store.
See that policy for further details.

SECTION 15 – MISTAKES, INACCURACIES AND OMISSIONS
From time to time, our site or the Service may include typing mistakes, inaccuracies or gaps concerning product descriptions, prices, promotions, offers, shipping fees, delivery times, stock or sizing. We may fix any mistake, inaccuracy or omission, and may amend or refresh information or cancel orders if the Service or a related website contains something incorrect.

If an order that has been paid for is cancelled, the corresponding sum is returned to you.
We are not bound to refresh, correct or clarify information in the Service, other than where legislation demands it.
A stated update or refresh date does not mean that every item of information on the website has been changed or brought up to date.

SECTION 16 – FORBIDDEN USES
Besides the other bans stated in these Terms, it is forbidden to use the site or its content:
a. Pursuing any illegal aim;
b. Urging or helping others to commit unlawful acts;
c. Breaching any international, national or local regulation, rule or law;
d. Infringing our intellectual property or that of other people;
e. Harassing, abusing, insulting, harming, defaming, intimidating or discriminating against anyone;
f. Submitting false or misleading information;
g. Uploading or sending viruses or malicious code;
h. Gathering or tracking other people’s personal information;
i. Spamming, phishing, scraping, crawling or interfering with the Service;
j. Any obscene or immoral aim;
k. Interfering with or bypassing the Service’s security features;
l. Abusing discounts, refunds, promotions, chargebacks or payment systems.
Your use of the Service may be ended by us if you engage in any forbidden use.

SECTION 17 – WARRANTY DISCLAIMER AND LIMIT ON LIABILITY
We cannot promise that the Service will run without interruption, on time, securely or without errors, nor that any results you get from it will be accurate or dependable. You accept that we may take the Service offline for periods, or withdraw parts of it, with no advance notice. You use the Service at your own risk.Every product and service supplied through the Service comes with the warranties and protections that applicable consumer law demands. These Terms do not exclude or restrict liability in any case where that would be illegal.As far as the law allows, Dyversa, together with its staff, affiliates, agents, contractors, suppliers, service providers and fulfilment partners, accepts no liability for damages that are indirect, incidental, punitive, special or consequential;These cover lost profit, revenue, savings or data, costs of replacement and comparable harm resulting from using the Service or products. Damage caused by misuse, improper care, unauthorised modification, ordinary wear and tear, or ignoring product instructions is not our responsibility. Whatever liability exists is capped at the fullest extent the law allows.

SECTION 18 – INDEMNIFICATION
You agree to compensate, defend and keep free from harm Dyversa as well as its partners, affiliates, staff, agents, contractors, suppliers, service providers and fulfilment partners against any claim or demand stemming from your unlawful use of the Service, your intentional breach of these Terms or your violation of a third party’s rights. The clause operates solely within the limits the law permits.

SECTION 19 – SEVERABILITY
Should a clause of this document be found unlawful, void or unenforceable, it will still apply as far as the law allows. The part that cannot be enforced is deemed deleted from the Terms, and this finding leaves the validity and enforceability of every other provision untouched.

SECTION 20 – ENDING THE AGREEMENT
Duties and liabilities that either party took on before the date of termination continue after this agreement ends.
This agreement stays in force until you or we bring it to an end. You can end it whenever you like, either by telling us you no longer want to use our Services or by simply ceasing to use our site. Where we judge, or reasonably suspect, that you have not complied with these Terms, we are entitled to end this agreement or refuse you access to our Services. Amounts that were properly owed up to the termination date, that date included, remain payable by you.

SECTION 21 – COMPLETE AGREEMENT
If we do not exercise or enforce a right or provision under these Terms, that does not amount to giving it up. This document, together with any policies or operating rules published on this site, forms the whole agreement between you and us about your use of the Service. It supersedes earlier agreements, communications and proposals on the same subject. Unclear wording in these Terms will not automatically be read against whoever drafted them.

SECTION 22 – APPLICABLE LAW
This document, and any separate agreement under which we supply Services, is subject to and construed according to Dutch law.

Consumers who live outside the Netherlands keep any compulsory consumer-protection rights granted by their home country; this choice of law does not take those away.

 SECTION 23 – CHANGES TO TERMS OF SERVICE
The newest version of these Terms can be read on this page whenever you wish. At our discretion we may revise, amend or substitute any part of them by publishing the changes on our website. Checking the website now and then for changes is up to you. Carrying on using our website or the Service after changes go up means you accept them.

SECTION 24 – CONTACT INFORMATION
Please address any questions about these Terms to:

Dyversa
Email: contact@dyversashop.com