Terms & Conditions

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the Divina Flos website located at www.divinaflos.com and all associated sites linked to www.divinaflos.com by Divina Flos, its subsidiaries, and affiliates, including Divina Flos sites around the world (collectively, the "Site").

The Site is the property of Pack World ("Divina Flos") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Divina Flos reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Divina Flos grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Your visit to this website is subject to the aforementioned general Terms and Conditions.

INTRODUCTION

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Divina Flos® use of cookies in accordance with the terms of Divina Flos’s privacy policy and cookies policy.

License to use website

Unless otherwise stated, Divina Flos® and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website, except for content specifically and expressly made available for redistribution.

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Divina Flos’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Divina Flos’s express written consent.

RESTRICTED ACCESS

Access to certain areas of this website is restricted. Divina Flos reserves the right to restrict access to other areas of this website, or indeed this entire website, at Divina Flos’s discretion.

If Divina Flos provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Divina Flos may disable your user ID and password in Divina Flos’s sole discretion without notice or explanation.

USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Divina Flos a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to Divina Flos the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Divina Flos or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

Divina Flos reserves the right to edit or remove any material submitted to this website, or stored on Divina Flos servers, or hosted or published upon this website.

Notwithstanding Divina Flos rights under these terms and conditions in relation to user content, Divina Flos does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied. Divina Flos makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Divina Flos does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

LIMITATIONS OF LIABILITY

Divina Flos will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if [NAME] has been expressly advised of the potential loss.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Divina Flos’s liability in respect of any:

death or personal injury caused by Divina Flos’s negligence;
fraud or fraudulent misrepresentation on the part of Divina Flos or

the matter which it would be illegal or unlawful for Divina Flos to exclude or limit, or to attempt or purport to exclude or limit, its liability.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

OTHER PARTIES

You accept that, as a limited liability entity, Divina Flos has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Divina Flos officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Divina Flos’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Divina Flos.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby indemnify Divina Flos and undertake to keep Divina Flos indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Divina Flos to a third party in settlement of a claim or dispute on the advice of Divina Flos’s legal advisers) incurred or suffered by Divina Flos arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF TERM & CONDITIONS

Without prejudice to Divina Flos’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Divina Flos may take such action as Divina Flos deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

VARIATION

Divina Flos may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

Divina Flos may transfer, sub-contract or otherwise deal with Divina Flos’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ONLINE ORDERS

ORDERING WITH DIVINA FLOS

By placing an order with Divina Flos, either on the Instagram/Facebook official profile, on the phone, or via our website (further referred to as “the website”) you are agreeing to the following terms and conditions.

CHANGES TO YOUR ONLINE ORDER

If you wish to change your order, please contact us immediately. Please note that changes to your order like the delivery address or the card message must be made within 6 hours of the receipt of the order confirmation email. Any such changes must be notified in writing to the following email divinaflosco@gmail.com. Please note that, once your order is under process, cancellation of your order is possible only in exceptional circumstances and is entirely at our discretion.

ONLINE ORDERS

In addition, the following applies to Online Orders: The email that is sent on completion of your order contains all the key information about your order. It is very important that you check this to ensure no errors have been made.

AVAILABILITY OF PRODUCTS

If we have difficulties to fulfil your order we will contact you and discuss suitable alternatives.

PERSONAL INFORMATION

To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide us with accurate contact information. We will never share your identity with the recipient, even if they request this information. Please note that we value your privacy and will never disclose or sell your private information.

PROMOTIONAL CODES

From time to time we may offer promotional codes or products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date. A special offer or promotional code cannot be used in conjunction with any other special offer or promotional code. In the event that a customer has made a purchase and the price of a product falls or is discounted due to a special offer or promotional code, the price of the product at the time of purchase shall 'prevail'. We are unable to offer special offer discounts or apply promotional codes for purchases that have already been made. As our special offers are often made available due to the availability of products, we may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. We also reserve the right to offer personalized special offers and promotions which will only be redeemable by the customer in receipt of the special offer.

TESTIMONIALS

We reserve the right to display customer testimonials on our website. These will not bear the name nor any marks of identification such as special dates, pictures or footage related to the origin of the message.

COPYRIGHT AND TRADEMARKS

Divina Flos™ is a Registered Trademark the use of the logo, mark or any part of it is prohibited unless authorized by Divina Flos.

PAYMENT TERMS AND CONDITIONS

After you have made your selection and added products to your shopping cart, you will need to proceed to the checkout section. In this section, you will be asked for delivery and billing address, and other contact information as well as payment-related information. As soon as you place an order on www.thedivinaflos.com, you will come across a step-by-step guide, on how to make the payment online or offline. Our team will get in touch with you in case you face any problem with the process. Once the payment transaction has been successfully completed, your order will only be processed. It is at this stage that the sale is said to be complete. Thereafter your products will be shipped based on your request and completion of logistics operations related to the same.

PRODUCT PRICING

Product prices listed on the website are current. While every care has been taken to label the products accurately, errors in data entry and updation may occur. We reserve the right to cancel the order in case a transaction has been made where the price indicated was not the correct price. In the rare event that happens, we will give a full refund of all money received from the customer.

Prices are subject to change without advance notice.

All prices on this web site are in Indian Rupee. All orders are acknowledged at current pricing. We will bill at price in effect at the time of receipt of money and raising of an invoice.

OUT OF STOCK SITUATIONS

Our endeavor is to ensure that all products listed on the site are available in stock for despatch to the buyer. However in case, the same is not available for any reason, we will contact you within 24 working hours and give you the option to exchange, delay, or cancel the order based on your convenience.

ORDER STATUS

Orders which are placed before 9:00 AM (IST) are shipped on the same day. If your order is placed after 9:00 AM (IST), shipment will be processed on the next business day. All the orders are shipped between Monday and Friday, inclusive. Orders placed after 9:00 AM (IST) on Friday, Saturday and Sunday, are shipped on Monday.

Express shipping is available for Delhi and NCR.

To track the status of your order, use the AWB or tracking ID provided, on the website of informed courier partner FedEx or Bluedart. Check the email address you have provided us for the AWB or tracking ID.

DELIVERY OF PRODUCTS

Delivery estimates are provided at the time of placing the order. Divina Flos uses reputed third party couriers for all deliveries and whilst we will do level best to deliver the product within the estimated time frame, we are not responsible for any shipping deliveries that may be affected by natural occurrences, festival closures, extreme weather, epidemic outbreak, transfers from courier to the local carrier in your state/city/town or air and ground transportation strikes or delays. All the queries will be directed to the courier for the solution.

Goods will need to be signed for upon delivery. We take no responsibility for goods signed by an alternative person other than the person ordering the product at the address indicated at the time of the order.

Since the transactions are authorized by the cardholder, we do not take responsibility for incorrect addresses provided at the time of placing the order

We are not responsible for damage to products after delivery.

All claims, if any, for shortages or damages must be reported to customer service on the day of delivery through the contact us page on the web-store.

DELIVERY CHARGES

Shipping and handling rates may vary based on the product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and consumers will know about this before making payments.

PRODUCT RETURNS AND EXCHANGES

Once products are delivered to you and accepted as accurate and as per the original order, there is no refund possible.

To return any items that are damaged or not as per your original order, please send an email within 1 day of receipt of the product including images of the damaged items to divinaflosco@gmail.com together with your order number. One of our customer service representatives will handle your claim directly and apply the appropriate remedy to resolve the matter in the quickest possible timeframe. Refunds are not guaranteed and at the entire discretion of Divina Flos. Please note that we cannot offer exchanges on any sale, any opened or used products.

NOTE: We are not responsible for any shipping deliveries that may be affected by natural occurrences, festival closures, extreme weather, transfers from courier to the local carrier in your state/city/town or air and ground transportation strikes or delays. All the queries will be directed to the courier for the solution. Refunds will not be processed for the same and you will remain liable for such orders.

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and Divina Flos in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

LAW & JURISDICTION

These terms and conditions will be governed by and construed in accordance with the laws of India and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of India.