General Terms and Conditions

OVERVIEW
This website is operated by Dyversa. Throughout the site, the terms “we”, “us” and “our” refer to Dyversa. Dyversa offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms of Service”, “Terms”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

Any new features or tools added to the current store shall also be subject to these Terms of Service.

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.

Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the online ecommerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country or place of residence, or that you are the age of majority and have given us consent to allow any minor dependants to use this site. You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction. You must not transmit any worms, viruses or harmful code.A breach or violation of any of the Terms may result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any lawful reason at any time. You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact on the website without express written permission from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current.The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete or timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy. We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your screen or device will display every colour accurately. We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not guarantee that the quality, fit, sizing or appearance of any products, services, information or other material purchased or obtained by you will meet every personal expectation. Sizing recommendations are provided as guidance only and do not guarantee an exact fit. Products may be manufactured, stored, processed and dispatched by our fulfilment partners.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, credit card, billing address or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you where necessary.

For more information, please review our Returns Policy.

SECTION 7 – SHIPPING AND DELIVERY
Orders may be processed and shipped by our fulfilment partners.
Estimated delivery times are provided as a guideline only and are not guaranteed. Delivery may be affected by circumstances outside our reasonable control, including courier delays, customs inspections, weather conditions, public holidays, high order volumes and transport disruptions. You are responsible for providing a complete and accurate shipping address. We are not responsible for delays or additional costs resulting from incorrect or incomplete information provided by the customer. Where tracking shows that an order has been delivered but you have not received it, you must contact us so that we can investigate the matter with the carrier. You may be asked to check with household members, neighbours, safe places or collection points. If an order is confirmed as lost, incorrectly delivered or otherwise not received, we will provide an appropriate solution in accordance with applicable consumer law. Refusing delivery does not automatically qualify you for an immediate refund. The parcel must first be returned to the designated return location before a refund can be processed.

SECTION 8 – RETURNS AND RIGHT OF WITHDRAWAL
You have the right to withdraw from an eligible purchase within 14 calendar days after receiving your order.
To exercise your right of withdrawal, you must contact us within the 14-day period at:

Info@getdyversa.com
Your request should include your name, order number and the product or products you wish to return. After notifying us, you must return the products within 14 days. Returned items must be in their original condition where reasonably possible and should not be washed, damaged, stained or altered. You may inspect the product only to the extent reasonably necessary to determine its nature, characteristics and fit. Where a product has been handled beyond what is reasonably necessary, we may make a lawful deduction for any reduction in value. Returns must be sent to the return address provided by our customer service team. Do not return products to an address shown on the original parcel unless we have confirmed that it is the correct return address. The customer is responsible for all return shipping costs unless the product is faulty, damaged, incorrect or otherwise non-conforming. We recommend using a tracked shipping method and keeping proof of postage. We are not responsible for return parcels that are lost or damaged before reaching the designated return location.

SECTION 9 – REFUNDS
If you validly exercise your right of withdrawal, we will refund the eligible amount paid. We may withhold the refund until we have received the returned products or you have provided proof that the products were returned. Refunds will normally be processed within 14 days after we are informed of your withdrawal, subject to our lawful right to wait until the products or proof of return have been received. Refunds will normally be made using the original payment method. Processing times after a refund has been issued depend on your bank or payment provider. The cost of standard delivery may be refunded where required by law. Additional costs paid for express or premium delivery are not refundable unless required by law. Where only part of an order is returned, the original shipping charge may not be refunded. Where a promotional offer, bundle or multi-buy discount was used, the refund may be adjusted to reflect the value of the products retained.

SECTION 10 – EXCHANGES AND STORE CREDIT
Where available, we may offer exchanges, replacements, store credit or other voluntary solutions. Exchanges are subject to availability. If a requested replacement is unavailable, we may offer another size, colour, product, store credit or refund where applicable. Store credit cannot be exchanged for cash unless required by law. Any voluntary exchange, replacement or store-credit option does not affect your statutory consumer rights.

SECTION 11 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor and have no control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind. We shall have no liability arising from or relating solely to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms on which tools are provided by the relevant third-party providers.
We may also offer new services or features through the website in the future. Such new features or services shall also be subject to these Terms of Service.

SECTION 12 – THIRD-PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party websites. We do not warrant and will not have liability or responsibility for third-party materials, websites, products or services. We are not liable for harm or damages related solely to the purchase or use of goods, services, resources, content or transactions made directly through third-party websites. Please review the third party’s policies and practices before completing any transaction. Complaints or questions regarding third-party products should be directed to the relevant third party.

SECTION 13 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send creative ideas, suggestions, proposals, plans, reviews, photographs, videos or other materials, whether online, by email, by post or otherwise, you agree that we may use, edit, copy, publish, distribute, translate and display that content for legitimate business and marketing purposes. We are under no obligation to maintain comments in confidence, pay compensation for comments or respond to comments. We may monitor, edit or remove content that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or which violates intellectual property rights or these Terms. You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive or obscene material, or any virus or malware that could affect the operation of the Service or related websites. You may not use a false email address, pretend to be someone other than yourself or mislead us or third parties about the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.

SECTION 14 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
Please review our Privacy Policy for more information.

SECTION 15 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, availability or sizing. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders where any information in the Service or on a related website is inaccurate.

Where a paid order is cancelled, the relevant amount will be refunded.
We have no obligation to update, amend or clarify information in the Service except where required by law.
No specified update or refresh date should be taken to indicate that all information on the website has been modified or updated.

SECTION 16 – PROHIBITED USES
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content:
a. For any unlawful purpose;
b. To encourage others to perform or participate in unlawful acts;
c. To violate any international, national or local regulations, rules or laws;
d. To infringe our intellectual property rights or the intellectual property rights of others;
e. To harass, abuse, insult, harm, defame, intimidate or discriminate against others;
f. To submit false or misleading information;
g. To upload or transmit viruses or malicious code;
h. To collect or track the personal information of others;
i. To spam, phish, scrape, crawl or interfere with the Service;
j. For any obscene or immoral purpose;
k. To interfere with or circumvent security features of the Service;
l. To misuse discounts, refunds, promotions, chargebacks or payment systems.
We reserve the right to terminate your use of the Service for violating any prohibited use.

SECTION 17 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will always be uninterrupted, timely, secure or error-free. We do not guarantee that results obtained from the use of the Service will always be accurate or reliable. You agree that we may occasionally remove the Service for periods of time or discontinue parts of the Service without prior notice. Your use of the Service is at your own risk.The Service and all products and services delivered through it are provided subject to the warranties and protections required by applicable consumer law. Nothing in these Terms excludes or limits liability where doing so would be unlawful.To the maximum extent permitted by law, Dyversa, its employees, affiliates, agents, contractors, suppliers, fulfilment partners or service providers shall not be liable for indirect, incidental, punitive, special or consequential damages;This includes loss of profits, revenue, savings, data, replacement costs or similar damages arising from the use of the Service or products. We are not responsible for damage caused by misuse, incorrect care, unauthorised alterations, normal wear and tear or failure to follow product instructions. Any liability shall be limited to the maximum extent permitted by law.

SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dyversa and its affiliates, partners, employees, agents, contractors, suppliers, fulfilment partners and service providers from any claim or demand arising from your unlawful use of the Service, deliberate breach of these Terms or violation of the rights of a third party. This clause applies only to the extent permitted by law.

SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by law. The unenforceable part shall be treated as removed from these Terms.Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive termination of this agreement.
These Terms of Service remain effective unless terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site. If, in our judgment, you fail or we reasonably suspect that you have failed to comply with these Terms, we may terminate this agreement or deny access to our Services. You will remain liable for all amounts properly due up to and including the date of termination.

SECTION 21 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms of Service and any policies or operating rules posted on this site constitute the entire agreement between you and us regarding your use of the Service. They replace prior agreements, communications and proposals relating to the same subject matter. Any ambiguities in the interpretation of these Terms shall not automatically be interpreted against the party that drafted them.

SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services shall be governed by and interpreted in accordance with Dutch law.

If you are a consumer residing outside the Netherlands, this choice of law does not remove mandatory consumer-protection rights that apply in your country of residence.

 SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of changes constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Dyversa
Chamber of Commerce number: 92759580
Email: info@getdyversa.com(mailto:info@getdyversa.com)