By accessing or using this website, and by placing an order through this website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
1.1. These Terms and Conditions (“Terms”) are applicable to all users of https://daivashop.com/ (the “Website”) and online customers (“you” or the “customer”) of Daiva Corp., a New York corporation doing business as Daiva™ (“Daiva” “we” or “us”). These Terms govern the use of the Website and the offering, sale and delivery of all of products by Daiva (the “Products”) made through the Website. The Terms will be valid for all future online transactions with Daiva and visits to the Website, and are not related to any other sale terms applied in retail stores or third party websites. We reserve the right to revise these Terms from time to time. The date of the last update to the Terms is contained at the end of the Terms. You are responsible for keeping updated with the changes in Terms that we post.
1.2. The Products are intended solely for the individual use by you. The Website is directed exclusively to sale of clothing, textiles, footwear, accessories, and other products to private individuals. You may not use the Products for commercial re-sale or any other commercial purpose. Any re-sale, distribution, or commercial dissemination of Daiva Products purchased through the Website is strictly prohibited and you hereby acknowledge, agree, and represent and warrant that you will not make any such commercial use of the Products. Daiva reserves the right, with or without notice, to cancel or reduce the quantity of any Products you order if we believe that this is done in violation of the foregoing prohibition or any other Terms herein.
1.3. Daiva does not promise nor guarantee the accuracy of any content contained on the Website, including without limitation, product descriptions. Although we strive to be accurate, the Website may contain content which is incorrect, incomplete, or not current, and may contain technical inaccuracies or typographical errors. Daiva assumes no responsibility -- and expressly disclaims any and all responsibility and liability relating to the information and content found on or accessed through the Website. We may, at any time, change the content of the Website and the Products available on the website. Though we strive to display correct text, images, and prices, the website may contain inaccuracies, may not be up to date, and errors may occur.
2.1. Prices contained on the Website are in U.S. dollars, and exclude shipping and delivery costs and sales tax or any applicable federal, state or foreign taxes, duties, levies or charges in any jurisdiction throughout the world related to the Products or the delivery thereof (collectively referred to as “Taxes”). Payment of all Taxes is the sole responsibility of you as the customer.
2.2. You shall also be solely responsible for any unforeseen costs incurred as a result of missing, incomplete or inaccurate information, instructions, or documentation you provide to Daiva.
2.3. You will be charged the prices for the Products displayed on the Website at the time your order was placed and confirmed, provided that the Products are available for purchase at this time. We reserve the right and absolute discretion to change the prices of the Products at any time without notice. Such changes will not affect orders placed by you with respect to which we have already provided you with an order confirmation.
2.4. Unless explicitly stated otherwise, discounts, coupons, and promotional codes offered on the Website are valid only for use as part of a purchase made though the Website.
2.5. If you have been charged the wrong amount when placing an order through the Website, you are required to notify us of the error immediately. In the event of such error, we will either cancel the incorrect order and place a new order with the correct amount, or refund you the amount by which you have been overcharged.
3. Order and Acknowledgement
3.1. Online orders can only be placed directly though the Website or through authorized dealers of Daiva.
3.2. Product orders are not binding until accepted by Daiva by a purchase confirmation issued by us to you. Daiva has the right at its sole discretion to refuse or reject an order without prior notice or reason.
3.3. Certain Products are available in limited quantities, and may not be available at the time of the order. We therefore do not guarantee the availability of any Product for purchase on the Website or otherwise, nor that any items featured on the Website will be in stock. We will notify you if the Product you have ordered is no longer available or out of stock during or after you have placed your order. Daiva is not responsible for the unavailability of any products.
3.4. By pacing your order, you accept the Terms without restrictions or reservations. Once you place your order on the Website, Daiva will send you an acknowledgement of receipt of the order. The acknowledgement of receipt of the order does not in any way constitute a confirmation of the purchase, availability of the Products ordered, nor validation of payment for the order. Your receipt of the acknowledgement of the order does not mean that your order has been accepted by Daiva. Your order constitutes an offer to us to buy Products.
3.5. All orders are subject to acceptance by us, and the sale will only be considered final after a separate confirmation of the purchase has been provided to you by Daiva, specifying that the Products have been or will be dispatched. You will be charged for the Products dispatched or shipped, along with the applicable delivery costs and Taxes. A purchase agreement for the Products is formed when we send you the confirmation of purchase, which will relate only to those Products whose shipment we have confirmed. We are not obliged to supply any other Products other than those whose shipment has been confirmed by us.
3.6. If we are unable to get in touch with you when we need to in connection with any order, we reserve the right to automatically cancel such order.
4. Shipment and Delivery
4.1. You may choose from the shipping methods provided on the Website at the costs to you quoted on the Website. Shipping costs are subject to change.
4.2. Any delivery dates and times provided by Daiva are estimates only and are not intended as actual or exact representations of delivery times. In no event shall Daiva be liable for any delay in delivery. Delay in delivery of any Products shall not relieve you of your obligation to accept the Products nor for payment for the Products. Deviations in quantity of Products delivered from that stated in our purchase confirmation shall not give you the right to reject delivery of the Products. You are obligated to pay the rate contained in the purchase confirmation for the quantity of Products delivered.
4.3. The Products will be shipped to the address provided by you when the order is placed. It is your responsibility to provide an accurate shipping address. It is also your responsibility to check the condition of the packaging and the contents of the order upon receipt of the Products and to advise the carrier if the order appears to have been opened or damaged. Your signature or receipt of the package without such notification to the carrier at the time of delivery is deemed to signify your acceptance of the order. You acknowledge that Daiva will not in any case be held responsible for any deterioration in the quality of the Products and their packaging due to shipment.
5. Payment Method
Payment for Products is made exclusively by credit card or via PayPal at the time the order is placed. Our website provides the credit cards accepted by Daiva, which may be subject to change.
6. Cancellation, Returns & Exchanges
6.1. Any request to cancel an order must be made before dispatch of the Products. You must notify the Customer Service Department of Daiva of your cancellation by e-mail to firstname.lastname@example.org.
6.2. In the event that the Products you receive are defective or damaged, you must immediately inform Daiva and obtain our authorization prior to returning any Products. We will issue you a refund for Products that are damaged as a result of production or allow you to exchange the Products for other Products. Neither Taxes nor shipping costs will not be refunded. If the Products arrive to you damaged, you are required to immediately notify us and provide details of the damage. You must retain any packaging in which the Products were shipped in order to qualify for a return or replacement. Daiva can take no responsibility for loss or damage to an item once you have signed for the package upon delivery by the courier. It is therefore your sole responsibility to ensure that all packaging is intact and undamaged before signing for a delivery. Damaged Products must be reported to Daiva within seven (7) days of receipt. If we provide you with authorization to return Products, we will send you replacement Products at our expense, or issue you a refund, at our discretion. Refunds will be made within a reasonable time after the return to the purchaser’s original credit card used for the purchase. In the event that the Products returned are no longer available, we will inform you and will reimburse you for the amount you paid for the Products or allow you to choose another Product of equal value.
6.3. Exchanges are permitted within 14 days of purchase only if they are unused, in the originally received condition, and accompanied by the original invoice. In the event of an exchange, you must inform the Customer Service Department of Daiva in writing at email@example.com and return the Products at your own expense and in their original packaging to the following address:
1045 Ocean Ave. Apt. 8, Brooklyn, NY, 11226
The Products must arrive in re-sellable condition, and accompanied by original packaging and labels fully intact. We will not accept returned Products where the labels have been removed or products have been opened or used. You are responsible for shipping the returned items back to Daiva to, and items lost in transportation will not qualify for an exchange. Once we receive your returned Product, and determine that you have complied with the foregoing qualifications, we will ship you the new Product you have requested, which must be of equal or greater value in price. We will charge you for the difference in price between the exchanged Product and the returned product, but we will not charge you a second shipping fee for the exchanged item. Exchanges or returns may only be made as described in these Terms. You cannot return or exchange any Product you purchased online at any retail store.
7. Risk of Loss and Title
The risk of loss and title to all Products purchased from Daiva pass to you upon our delivery of the Products to the carrier for shipment to you. Daiva does not take title to returned Products until the Products arrive at our warehouse.
8. Limited Warranty
Daiva solely warrants that on the date of delivery the Products shall conform to the specifications published by us. If and to the extent Products fail to conform to our specifications, we may, at sole discretion, within a reasonable time either repair or replace the Products at no charge to you, or issue a credit for any such Products in the amount of the original invoice price. Our obligation to repair, replace, or issue credit for such nonconforming Products shall be contingent upon receipt by Daiva of timely notice of any alleged defect and the return of the Products, in accordance with these Terms. ALL WARRANTIES MADE HEREIN ARE EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES AS TO MERCHANTABILITY OR AS TO THE FITNESS OR SUITABILITY OF THE DESCRIBED PRODUCTS FOR ANY PARTICULAR USE OR PURPOSE. Daiva shall not be liable for any loss or damage, directly or indirectly, arising from the use of the described Products or Website or for incidental or consequential damages. Without limiting the foregoing, Daiva shall not be liable for any personal injury and/or property damage resulting from the use of the Products or Website, whether or not used in conformity with their specifications.
9. Disclaimer and Limitation of Liability
Daiva is providing this Website and its contents on an "as-is" basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of this Website, the information, content, materials or products, included on this Website. To the fullest extent permitted by law, Daiva disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Daiva does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice. Daiva will not be liable for any damages of any kind arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Daiva shall not be liable for personal injury or property damage resulting from the improper handling, modification, misuse of the Products by you or any other person following delivery by Daiva nor from any use of the Website by you or others. Additionally, to the extent permitted by law, our liability for losses you suffer is strictly limited to the purchase price of the Products you purchased. We are not responsible for any indirect losses incurred by you, including but not limited to, loss of income or revenue, loss of business, loss of profits or contracts, or loss of data. We cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website. We are also not responsible for any damage caused from using the Website or not being able to access or visit the Website. Daiva does not guarantee a problem-free, uninterrupted, or problem-free Website.
10. Force Majeure
Neither party shall be liable in any way for any damage, loss, cost or expense arising out of or in connection with any delay, restriction, interference or failure in performing any obligation towards the other party caused by any circumstance beyond its reasonable control, including, without limitation, acts of God, laws, statutes, ordinances, regulations, legislative measures, acts of governments or other administrative measures, orders or decrees of any court, earthquake, flood, fire, explosion, war, terrorism, riot, sabotage, accident, epidemic, strike, lockout, slowdown, labor disturbances, difficulty in obtaining necessary labor or raw materials, lack of or failure of transportation, breakdown of plant or essential machinery, emergency repair or maintenance, breakdown or shortage of utilities, delay in delivery or defects in goods supplied by suppliers or subcontractors (“Force Majeure”). In case of Force Majeure, Daiva’s obligations are rendered null and void.
11. Modifications and Information
11.1. We reserve the right to change or modify any specifications and to substitute materials used in the production and/or manufacture of Products from time to time without notice. You acknowledge that data in our catalogues, specification sheets and other descriptive publications distributed or published by us, may accordingly be varied from time to time without notice.
11.2. You must utilize and solely rely on your own expertise, know-how and judgment in relation to the Products and your use thereof. Any consultation provided by us regarding your use of the products shall not give rise to any additional obligations. Details and information provided with regard to the suitability and use of the Products shall not be binding upon us and we do not assume any liability based on such consultations.
12. Compliance with Laws and Standards
Daiva makes no promises or representations that the Products shall conform to any law, statute ordinance, regulation, code, or standard (“Law”). You hereby acknowledge that the use of the Products may be subject to requirements or limitations under Law. Customer shall be exclusively responsible for (i) ensuring compliance with all Law associated with its intended use of the Products; and (ii) obtaining all necessary approvals, permits or clearances for such use.
Failure by Daiva to enforce at any time any provision of these Terms shall not be construed as a waiver of our right to act or to enforce any such term or condition and our rights shall not be affected by any delay, failure or omission to enforce any such provision. No waiver by Daiva of any breach of your obligations shall constitute a waiver of any other prior or subsequent breach.
In the event that any provision of these Terms shall be held to be invalid or unenforceable, such invalidity shall not affect in any respect whatsoever, the validity or enforceability of the remaining provisions between the parties, which shall be severed therefrom. The provisions held to be invalid or unenforceable shall be reformed to provisions satisfying the legal and economic intent of the original provisions to the maximum extent permitted by law.
These Terms constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede all prior written and oral agreements, understandings, communications, and discussions with respect to such matters.
16. Limitation of Action
No action by a customer shall be brought unless such customer first provides written notice to Daiva of any claim alleged within thirty (30) days after the event complained of first becomes known to the customer and an action is commenced by the customer within six (6) months after such notice.
17. Violation of Terms
We reserve the right to seek all remedies available at law and in equity for any violation of these terms, including without limitation, the right to block access to the website. Individuals violating the restriction of password-protected areas of the Website may be subject to prosecution.
18. Governing Law and Jurisdiction
18.1 The parties’ rights and obligations arising out of or in connection with these Terms shall be governed, construed, interpreted and enforced according to the laws of the State of New York without giving effect to its conflicts of laws rules or principles.
18.2 The parties agree that any suits, actions or proceedings that may be instituted by any party shall be initiated exclusively before the courts of the State of New York, United States and irrevocably agree that all actions or proceedings arising out of, in connection with or directly or indirectly relating to a transaction covered by these Terms shall be litigated in such courts, without prejudice to our right to submit the relevant case to the court which would have jurisdiction if this provision has not been incorporated in the Terms, and the parties do hereby consent to the jurisdiction of those courts and waive any objection which they may have, now or hereafter, to venue of those suits, actions or proceedings.
18.3. The laws of your country may be different from the laws in the United States and there may be additional legal requirements for you to use this Website. You must comply with all applicable local and international laws and regulations regarding your use of our website.
The headings contained in these Terms are included for mere convenience of reference and shall not affect their construction or interpretation.
All Website design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all software is Copyright © Daiva Corp. d/b/a/ Daiva, ALL RIGHTS RESERVED. The compilation - meaning the collection, arrangement and assembly - of all content on this Website is the exclusive property of Daiva or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this Website for the sole purpose of placing an order with Daiva or using this Website as a shopping resource. Any other use of materials on this Website - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Daiva is strictly prohibited. All material and information presented by Daiva is intended to be used for educational or informational purposes only. Your use of this Website is subject to these Terms.
Our trademarks include, among others, the Daiva name and logo. These trademarks may be used or registered in more than one country. Your use of the Website does not grant you any rights to us our trademarks. Additionally, daivashop.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Daiva and may not be used in connection with any product or service that is not offered by Daiva in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Daiva.
If you believe your work or content has been copied and posted to this Website in a way that constitutes copyright infringement, please provide Daiva with the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on this Website;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your name, address, telephone number and email address (if available); and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
These conditions are applicable with effect from December, 2018 and are subject to change at any time without notice.
© Daiva Corp., 2018