DivineDecor.es Terms and Conditions
Last updated: 7th April 2018
- Our Rights
- Third Party Links
- Privacy & Security
- How To Order Our Products
- Right To Cancel Your Contract
- 14 Day Money Back Guarantee
- Cancellation by Us
- UK & International Delivery Charges
- International Orders
- Vouchers and Promotional Discounts
- Events Beyond Our Control
- Entire Agreement
- Complaints / Feedback / Recommendations
‘DivineDecor.es’ and any other domains we point to this site mean Divine Decor
‘Conditions’ means these terms and conditions
‘Site’ means the website of Divine Decor
Website usage terms and conditions
1.1 You are provided with access to this Site in accordance with these Conditions and any orders placed must strictly be placed in accordance with these Conditions
1.1.1 We are Divine Decor and we own and operate this Site
1.1.2 Your use of the Site is subject to these Conditions. By using the Site, you will be deemed to have accepted and agreed to be bound by these Conditions.
1.2 We provide the Site on an ‘as is’ basis and make no representations as to the quality completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law we exclude:
1.2.1 All conditions, warranties and other terms that might otherwise be implied by law into these Conditions
1.2.2 Any and all liability to you, whether arising out of these Conditions or otherwise in connection with use of the Site.
Nothing in these Conditions is intended to exclude or limit any liability that may not by law be excluded or limited, in particular none of the clauses are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.
2. Our rights
We reserve the right to:
2.1 Modify or withdraw, temporarily or permanently, this Site (or any part thereof) with or without notice to you.
2.2 Restrict your access to the Site or part of it. If we grant you access to a restricted part of the Site we may withdraw permission at any time.
2.3 Make changes to our Conditions from time to time. We will notify you of these changes of use by posting the revised versions of these Conditions on the Site. You can determine when we last changed these Conditions by the ‘Last updated’ statement above.
2.4 Protect our Intellectual Property rights in the Site, including all of the text, pictures, videos and other content made available on the Site. You acknowledge and agree that:
2.4.1 All Copy Right, Trademarks and all other Intellectual Property rights which form part of the website shall remain at all times our property.
2.4.2 All material contained on this website is only available for your personal use, excluding commercial use.
2.4.3 You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create any part of our website, including all intellectual property rights unless expressly pre authorised and permitted by us.
2.5 If you in any way, whatsoever, breach clause 2.4 we reserve the right to claim damages against you, for your breach of our intellectual property rights and demand that you stop using the content taken from our Site immediately.
2.5.1 In the first instance of a breach being found we will write to you asking you to cease and desist from using our intellectual property rights immediately, whilst also invoicing you £50 per image used plus legal fees of £75 plus VAT at the applicate rate.
2.52 Should you continue your unauthorised use of our intellectual property after receiving a written warning and invoice, we reserve the right to seek an injunction against you to prevent further infringement and claim further damages and legal costs on the indemnity basis.
Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes, unless our written permission is given. Your use of the Site is conditional upon the rules set out in these Conditions and you agree that you will not:
3.1 use the Site for any fraudulent or unlawful purpose;
3.2 use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others privacy rights or rights of publicity;
3.3. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;
3.4 interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available;
3.5 transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software of equipment;
3.6 remove any copyright, trade mark, or other propriety rights notices from the Site or materials originating from the Site;
3.7 frame or mirror any part of the Site without our express prior written consent;
3.8 reproduce the presentation of the Site.
4. Third party links
4.1 To provide suggestions or easier use we may provide links to other websites. You acknowledge and agree that we are not responsible for and do not endorse such external websites or resources. Your use of the third party websites is at your own risk.
5. Privacy and Security
5.1 We will treat your personal information as confidential (although we reserve the right to disclose this information in the circumstances set out below.) We will keep it on a secure server and we will fully comply with all applicable data protection and consumer legislation from time to time in place.
5.2 When you shop on the Site we will ask you to input and will collect personal information from you, examples being name, address, email address, telephone number, credit card details and passwords.
5.3 We use your personal information for the following purposes:
5.3.1 Processing your orders;
5.3.2 For statistical or survey purposes to improve our services to you;
5.3.3 To serve website content and advertisements to you;
5.3.4 To administer the website;
5.3.5 To inform you of any new products.
You agree that you do not object to us contacting you for any of the above purposes and you do not consider it to breach any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations. If you do wish to unsubscribe from our mailing list simply click on the unsubscribe link at the bottom of every marketing email and you will be opted out of all email communications. For any more information, please contact firstname.lastname@example.org or call the team here at 902 018 287
5.4 We will take great care to ensure that you are able to purchase products from the Site with complete confidence. Please note your communication with our service is secure using 128 bit Secure Socket Layer (SSL) technology where supported by your browser. This means your personal details including payment details, are encrypted when transmitting to us.
5.5 To ensure the privacy of your payment details, when you ‘proceed to checkout’, secure pages are indicated by the address on the Address/Location bar changing from http:// to https:// and a padlock in the bottom right hand status bar of your web browser. It is your responsibility to check that these features appear to ensure a secure page.
5.6 We do not keep any credit card details on file ourselves. If you choose to save your payment details with us we use a trusted 3rd party who stores them on our behalf, and we are not able to access the full card details.
6.1 Cookies are tiny text files that are stored on your computer when you visit a website. They help to make the Site run smoothly and allow us to provide the best service possible, here’s a breakdown of the cookies that we use and how they benefit you:
Essential These cookies are essential for the use of the Site, they allow us to store the contents of your cart and process your orders among other things.
Third party performance These provide you with tailored product recommendations and Site search.
Third party advertising/other These allow us to make the Site better for you by giving us anonymous usage information and power our advertising on other websites. This allows those websites to track when you have made a purchase and earn a commission.
6.2 Opting out of cookies We give you the option to choose exactly which type of cookies we will set when you use the Divine Decor site. We’ll save the results in a cookie for two years and will honour your choice for future page views from your current browser.
To find out more about the cookies we use and to opt out, click here.
7. How to order our products
7.1 Orders can be placed online or by telephone.
7.2 Having placed an order online or on the telephone you will receive a total of three emails providing you have an email address:
7.2.1 The first email is a confirmation email which you should receive immediately after your order is placed. If for any unusual reason there is a problem you will be contacted promptly and if your order cannot be met or if there is a delay in dispatch you will be notified. We will not collect any funds until we are ready to dispatch your items except for Paypal transactions (see clause 10). Please not some banks will reserve the funds for a short period of time before payment is due. A confirm email does not guarantee that we can meet your order.
7.2.2 A second email is sent when funds have been collected to notify you that your order has been dispatched. Once dispatched, if you have not received them within 48 hours please contact us.
8.1 Prices are as displayed on our Site and are in Euros.
8.2 We try to ensure that prices shown on our Site are accurate, but they will still need to be validated before your order is processed. If there is a price difference, we will contact you immediately and should you wish to cancel your order, we will refund any money.
8.3 Prices displayed are inclusive of IVA but exclude delivery charges where applicable. Please see the Delivery section below for details of our charges.
8.4 Prices of some brands may vary between certain territories.
8.5 Please note we accept Euros, British Pounds Sterling.
10.1 Payment when ordering online can be by credit and debit card, Paypal. Please note that we do not accept cheques or bankers drafts as a payment method.
10.2 To ensure that shopping online is secure, your credit/debit details will be encrypted so as to minimise the risk of your details being read by an unauthorised individual as they are sent to us over the Internet
10.3 If payment for goods is made by bank transfer, goods will only be dispatched when the funds are cleared.
10.4 Please note that phone orders can only be placed in Sterling, Euros
11.1 No contract will exist between Divine Decor and the customer until goods are dispatched. Acceptance will be deemed complete and effectively communicated at this time.
11.2 A legally binding contract is created when the goods are dispatched.
11.3 Ownership will pass when the goods are dispatched
12. Right to cancel your contract
12.1 You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth working day from the date you receive the ordered goods.
12.2 You do not need to give us any reason for cancelling your contract nor will you have to pay a penalty.
12.3 You cannot cancel your goods if they are perishable.
12.4 To cancel your contracts please email us at email@example.com.
12.5 Where goods have already been dispatched, they must be returned in perfect condition, unused and in the original packaging to the return address at clause 12.7.
12.6 All international returns must be marked clearly on the outside with ‘Returned Goods’ to avoid import duty. Any import duty that is incurred will be deducted from the refund.
12.7 Divine Decor Returns, Calle Meloncillo 35, Mijas Costa, Malaga, Spain, 29649
12.8 Upon receipt of the goods we will credit the purchaser within 48 hours with the purchase price less any handling charge which may have been incurred. We will not be responsible for any refund of postage or carriage. We recommend that an insured service is used to ensure safe arrival of the return.
12.9 If your goods need to be returned by freight you will be responsible for the cost of this, though it may be arranged by Divine Decor Living if required.
12.10 Please note we do not have an exchange policy.
13. 14 day money back guarantee
13.1 In addition to clause 12 we also offer a 14 day money back guarantee for non-perishable goods. If the goods you receive are faulty as at the day of delivery, you have 14 days from the date of delivery to make use of this money back guarantee.
13.2 If you have purchased an item within the last 14 days and are not happy with it, please email firstname.lastname@example.org to receive details of how to make a return. You will need to return the item, unused, in its original packaging and in a resalable condition, to the returns address shown below enclosing your order confirmation and quoting the returns number you have been given.
13.3 Divine Decor reserves the right to determine in each case whether the goods should be returned by you or simply made available for collection. Divine Decor reserves the right to establish that goods are not faulty as at the day of delivery, and does not automatically accept liability for faults in any goods that are returned.
13.4 Once the item has been received and checked, if it is established by Divnie Decor that the item was not faulty or damaged at the date of delivery, you will be notified of this determination within 48 hours of receipt. In such circumstances you will not be entitled to a refund under the 14 day money back guarantee. You will be entitled to request that the item is returned to you and you will be responsible for the reasonable cost of postage
13.5 Please note we will not be responsible for items lost in transit during return, even if the service is provided by our courier service mentioned at clause 12.8 above. However, we will endeavour to claim on the customer’s behalf if our courier is used.
13.6 Save as required by law, this Money Back Guarantee does not apply to perishable products or those products marked with an asterisk (*) or where indicated in the product description
13.7 Refunds are processed by the original payment method. If the card used to make the original payment has expired, we will offer a selection of Pay Pal or bank transfer as an alternative.
13.8 If the goods supplied are faulty on the day of delivery, you have the right to reject the goods as outlined within this section. If you have been unable to notify us or to return the goods within 14 days you have six months from the date of delivery to request the right to the repair or replacement of the goods, or the right to a reduction of the price of the goods within a reasonable time. Divine Decor reserves the right to refuse to repair the goods where it is disproportionate and or not possible to do so. Save as precluded by law, we do not accept any liability for faulty goods about which we have not been notified within six months of the date of delivery.
14. Cancellation by us
14.1 We reserve the right to cancel the contract between us if:
14.1.1 We have insufficient stock to deliver the goods you have ordered.
14.1.2 We do not deliver in your area.
14.1.3 One or more of the goods you ordered was listed as the incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for consequential loss or disappointment suffered.
Please see our delivery page for latest charges.
15.1 Our aim is to deliver all orders within the specified times once receipt of payment has been confirmed. All deliveries are subject to stock availability and security checks. Delivery will be made to the address provided. If the product is paid for by PayPal it will be delivered to the address which is registered with PayPal. The site is unable to change the address due to PayPal’s security policy.
15.2 Whist we will make every effort to deliver within the time stated on our website, we will not be liable for any loss caused to you by late delivery or for late deliveries as a result of Carrier actions which are beyond our control save as precluded by law. We will endeavour to deliver within 30 days of the contract being entered into. Please contact us at info@DivineDecor.online as soon as possible if you do not receive your goods within a reasonable time. We will endeavour to get your goods to you as soon as possible or you may cancel your order. You will be refunded once the goods have been returned to us in good order or classified as lost by the Carrier Company.
15.3 We will attempt to deliver your order to the delivery address stated on your order form. If products are returned to us as undeliverable either because of an incorrect address or because of customer failure to contact the courier company or collect the goods from the depot where requested, we shall refund the price of the products less delivery costs incurred by us in sending out the goods plus any additional costs charged to us by the courier company for returning the goods to us. If we have to re-dispatch the order, if it has been returned to us, for reasons outside of our control there may be a charge.
15.4 If a customer requires a parcel to be redirected because a wrong address has been given, there will be a redirect charge.
15.5 If the products we deliver to you are damaged or we have sent you the incorrect goods or quantity, please contact us within seven (7) days of delivery at email@example.com. We require you to notify us within seven (7) days to ensure a prompt response from us. Please do not sign for any packages that are damaged or opened. We cannot accept any liability for goods which are damaged or sent in error unless you notify us pursuant to these terms and conditions.
15.7. Please note products containing liquids are restricted within certain territories. To find out if we can ship liquids to you, please contact Customer Services at firstname.lastname@example.org.
16. UK and international delivery charges
16.1 Please see our delivery page for the latest charges.
16.2 All our deliveries are sent out using a signed for courier service. For security purposes, we do not deliver to P.O. Box numbers.
16.3 Some products that are dispatched directly from the supplier may incur an additional delivery charge; this will be notified in the basket area.
17. International Orders
17.1 Customers purchasing from the United States of America are served as Delivery Duty Paid. These costs are included in the final purchase price, and you should not have to pay any additional costs to receive your order. Product exceptions: For certain oversized products a delivery quote will need to be processed for them to be sent outside of the UK, these items are exempt from free postage. In order to see if this applies, please check the delivery tab on the product page.
17.2 All other international customers purchasing will be served as Delivery Duty Unpaid (DDU) and will be charged for the items purchased and shipping costs only. Import duty or tax costs (where applicable) will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion, as some countries have thresholds where no import taxes or duty fees will need to be paid, for example in Australia under AUD$1000.
17.3 If you are ordering from the United States of America, US customs may require your IRS/social security number to complete the entry paperwork that is required in order for you to receive your parcel. Divine Decor and our chosen courier have no control over this request. This information will never be shared or used for reasons other than what is required by customs.
17.4 Please note no electrical items are sold overseas.
17.5 If you are ordering products to be delivered to someone else, please make sure they are aware they will be responsible for these additional charges. We have no control over these charges and cannot predict what they may be, so we are unable to offer any assistance on these processes. We would advise that you check the import charges applicable in any country before ordering products to be delivered there.
17.6 Please note that we aim to dispatch all international orders within 24 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Divine Decor Living is not responsible for any delays caused by destination customs clearance processes
17.7 International sites will have their own terms and conditions.
17.8 Please note some items are classed as freight and are restricted from the normal delivery terms and pricing structure. A delivery quote will be required which can be arranged online by adding to the basket and following the steps.
18. Vouchers and Promotional Discounts
18.1 Gift Vouchers cannot be exchanged for cash.
18.2 Gift Vouchers can be used against full price and sale items.
18.3 Promotional discount codes may not be used in conjunction with other offers and sale items.
18.4 If a customer makes a return for a product they have purchased with a gift voucher a new gift voucher will be credited for that amount.
18.5 From time to time we offer promotional discounts. An example being £20 off of the first £100 you spend on the Site. If your order consists of a number of products which amount to £100 and you return one product you will get the full price back minus the amount of discount which has been equally allocated to that particular product.
18.6 Promotional discounts are restricted to one use per customer unless otherwise stated.
20.1 If the goods we deliver to you are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we require you to notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question. We cannot accept any liability unless you notify us pursuant to these terms and conditions.
20.2 If you do not receive the goods ordered within the date specified on the website we require you to notify us at our contract address within 14 days of ordering the goods. We cannot accept liability unless you notify us pursuant to these terms and conditions.
20.3 If you notify a problem to us under clause 20.1 or 20.2 above, our only obligation will be, at your option:
20.3.1 To make good any shortage or non-delivery
20.3.2 To replace or repair any goods that are damaged or defective where it is proportionate and possible to do so; or
20.3.3 To provide a refund to you of the amount paid by you. All rights are reserved as to the manner or form of refund
20.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expense (including loss of profits business or goodwill) howsoever arising out of any problem you notify to us under this condition. Save as precluded by law we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods.
20.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our Site. The importation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
20.6 Nothing in these Conditions is intended to limit any rights you may have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude liability for any death or personal injury resulting from our negligence.
21. Electrical products
Divine Decor does not provide extended warranties for electrical items; the customer is to rely on the supplier warranty.
22. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstances beyond our reasonable control including without limitation, strikes, lock outs and other industrial action, breakdown of system or network access, flood, fire, explosion or accident.
If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part these conditions will not be affected.
24. Entire Agreement
25. Complaints/ Feedback/ Recommendations
Please feel free to give us any feedback, recommendations or comments about our services and website. We take this very seriously and aim to deal with any problems or difficulties in a timely fair and effective manner. Please email us on info@DivineDecor.es or write to us at the postal address shown on our Contact Us page. We try to respond to any email enquiries within one working day.