Terms of Service
Overview
Welcome to Divanique. The terms "we", "us" and "our" refer to Divanique. Divanique operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Divanique is powered by Shopify, which enables us to provide the Services to you. These terms and conditions, together with any policies referenced here (the "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.
1. Access and account
By agreeing to these Terms you represent that you are at least the age of majority in your state or province of residence, and that you consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, including browsing our online store or purchasing products, you may be asked to provide information such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to anyone else.
2. Our products
We have made every effort to represent our products and services accurately. Colours and product appearance may differ from how they appear on your screen due to your device type, settings and configuration. We do not warrant that the appearance or quality of any product will meet your expectations or match what is depicted online. All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities offered to any person, geographic region or jurisdiction on a case-by-case basis.
3. Orders
When you place an order you are making an offer to purchase. Divanique reserves the right to accept or decline your order at its discretion. Your order is not accepted until Divanique confirms acceptance, and we must receive and process your payment before an order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after acceptance. If we do not accept, change or cancel an order, we will attempt to notify you using the email, billing address or phone number provided at the time of order.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
4. Prices and billing
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect when the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs or import charges. Promotions may be governed by separate terms; where those conflict with these Terms, the promotion terms govern.
You agree to provide current, complete and accurate purchase, payment and account information, and to update it promptly so we can complete your transactions and contact you as needed. You represent and warrant that the payment information you provide is true, correct and complete, that you are authorised to use the payment method, that charges will be honoured by your card issuer, and that you will pay all charges at the posted prices including shipping, handling and applicable taxes.
5. Shipping and delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you. See our Shipping Policy for details.
6. Intellectual property
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of them, are owned by Divanique, its affiliates or licensors and are protected by intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store or transmit any material on the Services without our prior written consent. Nothing in these Terms grants you a licence or rights under any patent, trademark, copyright or other intellectual property of Divanique, Shopify or any third party. Divanique's names, logos, product and service names, designs and slogans are trademarks of Divanique or its affiliates or licensors and may not be used without prior written permission.
7. Optional tools
You may be given access to third-party tools that we neither monitor nor control. We provide access to such tools on an "as is" and "as available" basis without warranties, representations, conditions or endorsement of any kind, and we have no liability arising from your use of them. Use of optional tools is entirely at your own risk and discretion, and you should familiarise yourself with the relevant provider's terms. New features and tools released in future also form part of the Services and are subject to these Terms.
8. Third-party links
The Services may contain materials and links to websites provided or operated by third parties. We are not responsible for examining or evaluating their content or accuracy. If you leave the Services to access those materials or sites you do so at your own risk. We are not liable for any harm or damages related to your access of third-party websites or your purchase or use of any products, services or content there. Complaints or questions about third-party products and services should be directed to the third party.
9. Relationship with Shopify
Divanique is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Divanique. By using the Services you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Divanique, including any injury, damage or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Divanique.
10. Privacy policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's privacy policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit will be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside.
11. Feedback
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to the Feedback, that you have disclosed any compensation or incentive received in connection with it, and that it complies with these Terms. We are under no obligation to keep Feedback confidential, to pay compensation for it, or to respond to it. We may, but are not obliged to, monitor, edit or remove Feedback we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms. You agree your Feedback will not violate any third-party right, will not be unlawful, abusive or obscene, and will not contain any virus or malware. You may not use a false email address, impersonate anyone, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy.
12. Errors, inaccuracies and omissions
Occasionally information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order.
13. Prohibited uses
You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: for any unlawful or malicious purpose; to violate any regulations, rules, laws or local ordinances; to infringe our intellectual property rights or those of others; to harass, abuse, insult, harm, defame, slander, disparage or intimidate any person; to transmit false or misleading information; to send or re-use material that does not comply with these Terms; to transmit advertising or promotional material including junk mail, chain letters or spam; to impersonate any person or entity; or to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services or that may harm Divanique, Shopify or users of the Services.
You also agree not to: upload or transmit viruses or other malicious code; reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; collect or track the personal information of others; spam, phish, pharm or pretext the Services; use any robot, spider, scraper, data-gathering or extraction tool, AI or agentic tool, or automated or manual means to access the Services; or interfere with, bypass or circumvent our security or authorisation features, robot exclusion headers, or other access restrictions. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine you have violated any part of these Terms.
14. Agents
This section applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed without direct supervision.
No Agent may access, use or interact with the Services unless it identifies itself and operates in strict accordance with the requirements below, and no Agent may access the Services if we have requested that it refrain from doing so. We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.
Agents must: identify in all HTTP and HTTPS requests that the request is from an Agent, by including "Agent/[agent name]" in the user agent string; not conceal or obfuscate that access is from an Agent, including by mimicking human behaviour and interaction patterns or by completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use; respond truthfully to any question or prompt seeking to determine whether interactions come from a human or a computer; and not circumvent or avoid any measure intended to block, limit, modify or control how Agents access the Services.
15. Termination
We may terminate this agreement or your access to the Services, or any part of them, in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.
16. Disclaimer of warranties
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on it is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor.
EXCEPT AS EXPRESSLY STATED BY DIVANIQUE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
17. Limitation of liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL DIVANIQUE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, EVEN IF ADVISED OF THEIR POSSIBILITY.
18. Indemnification
You agree to indemnify, defend and hold harmless Divanique, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of your breach of these Terms or the documents they incorporate by reference, your violation of any law or the rights of a third party, or your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.
19. Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed. Such a determination does not affect the validity and enforceability of the remaining provisions.
20. Waiver and entire agreement
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals. Any ambiguities in interpretation shall not be construed against the drafting party.
21. Assignment
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt is null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.
22. Governing law
These Terms and any separate agreements whereby we provide you Services are governed by and construed in accordance with the laws applied by the federal and state or territorial courts in the jurisdiction where Divanique is headquartered. You and Divanique consent to venue and personal jurisdiction in those courts.
23. Headings
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
24. Changes to these Terms
You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically. We will notify you of material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
25. Contact
Questions about these Terms of Service should be sent to admin@divanique.com.