Terms and Conditions
All orders for products are subject to availability.
CONFORMITY OF GOODS
The Divaurae Custom Lingerie Manufacture Ltd takes every care to ensure that descriptions and specifications of products within the website are correct. Whilst colour representation is a close representation, we cannot accept responsibility for colour variation caused by computers and/or browsers. In addition, all our items are intricate with hand finished detailing and small variations, imperfections are by nature apparent in such goods. We also reserve the right to vary some materials of equal quality slightly from time to time.
You agree that any purchase of goods and services through our Services (Goods) is subject to these Terms.
An order for the purchase of Goods (Order) is accepted upon the latter of the following to occur:
1. you have submitted your Order;
2. you have paid the purchase price in full, including any taxes, duties and shipping costs; and
3. we have issued a ‘secured’ e-mail confirmation for your order.
4. By placing an Order, you are making an offer to purchase those Goods for the price (including the delivery and other charges and taxes) specified at the time that you place your Order.
DIVAURAE CUSTOM LINGERIE reserves the right to:
1. accept or reject your order or a part of your order for any reason, including, without limitation, the unavailability of any goods, limitations on quantities available for purchase, inaccuracies or errors in goods or pricing information, where fraud is suspected, or where there is an error in your order;
2. request identification from you, including photo ID or any other such documentation for verification purposes before we process your order;
3. cancel an order at any time, for any reason; or
4. restrict the quantity or total value of goods available for purchase to each person or address.
Where we exercise the rights above, we will notify you by email and suggest an alternative goods, remove an item from an order or provide a refund of the purchase price where applicable and DIVAURAE CUSTOM LINGERIE shall not be liable for any loss or damage whatsoever arising from such acts.
Please note that you cannot cancel or amend an order once it has been placed (except as required by UK Consumer Law).
In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by DIVAURAE CUSTOM LINGERIE as a direct result of the cancellation (including, but not limited to, any loss of profits).
DELIVERY OF GOODS TO YOU
We will confirm expected delivery of the goods ordered by you to the address you give us for delivery at the time you make your order.
Delivery will be made as soon as possible after your order is accepted. Some items that are not stock will be made to order on a 3 week delivery time depending on your worldwide location.
You will become the owner of the goods once you have ordered and they have been delivered to you.
Risk of damage to or loss of the Goods shall pass to you at the time of delivery.
Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction
GOODS IN TRANSIT
The Divaurae Custom Lingerie Manufacture Ltd shall not be held responsible for goods returned to us, by you, which go missing in transit with a third party and shall not be liable for refunds on that basis. Please refer to our returns policy for guidelines on postage methods which ensure compensation from Royal Mail or other, in the unlikely event that goods become lost in transit.
The following up of a claim for compensation with Royal Mail or other shall be borne by you and is not the responsibility of The Divaurae Custom Lingerie Manufacture Ltd.
This divaurae.com (the website), owned by The Divaurae Custom Lingerie Manufacture Ltd
Goods supplied from the Website are supplied by The Divaurae Custom Lingerie Manufacture LtdHead office is situated at:
Office: Hova House, 1 Hova Villas, Brighton & Hove, BN3 3DH, UK
Company Registration Number: 11709579 England
Your submission of an order represents an offer to purchase the Goods indicated by you and it is not binding on us until we have notified you that an order is accepted. All advertisements and communications are made by us until your order is accepted by us are invitations to trade only and are not offers. This means that if Goods are shown on the site but are not available or are incorrectly priced or otherwise incorrectly described, The Divaurae Custom Lingerie Manufacture Ltd shall not be obliged to sell you those goods.
RIGHT FOR YOU TO CANCEL YOUR CONTRACT
You may cancel your contract with The Divaurae Custom Lingerie Manufacture Ltd for the goods you order at any time up to the end of the seventh working day from the date you received the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
To cancel your contract you must notice us in writing or via email.
If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you complete. Goods should be returned unworn with all labels intact. Please note that we will not accept returns on any items that have been worn or are returned in a soiled condition.
If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
Any Goods to be returned to us in accordance with these Conditions shall not become our responsibility until we receive the Goods.
CANCELLATION BY US
We reserve the right to cancel the contract between us if-
We have insufficient stock to deliver the goods you have ordered
We do not deliver to your area.
One or more of the goods you ordered was listed at an incorrect price due to a typo-graphical error.
An error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-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 disappointment suffered.
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 or exportation of certain of our 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.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Where the Goods are made to the Customer’s specification or design, the Customer undertakes full responsibility for the suitability and accuracy of the specification, instructions or design and undertakes to indemnify The Divaurae Custom Lingerie Manufacture Ltd. against any infringement of any patent, design or design right (whether registered or not), trade mark, trade name or copyright and any loss, damage or expense which we may incur by reason of such infringement in any country.
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 circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, delays due to extreme weather, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
We are committed to protecting your personal privacy and, in accordance with UK Data Protection law, we uphold strict security procedures for the storage of your personal information.
When you place an order we collect your name, e-mail address and mailing address. We may record which products you are interested in and which products you purchase.
We also monitor customer traffic patterns, which enables us to improve the service we provide.
This information is used to process orders and to provide a more personal shopping experience. We will not use your personal information for any other purpose except to notify you of our special offers.
To the fullest extent permitted by the law, The Divaurae Custom Lingerie Manufacture Ltd shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence on the part of Shell Belle Couture Ltd, its directors, employees, agents or otherwise) which arise out of or in connection with the use of this website. The supply of the products or their use or resale by you, and the entire The Divaurae Custom Lingerie Manufacture Ltd under or in connection with the contract shall not exceed the price of the products. This does not affect your statutory rights.
We will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform any of our obligations in relation to the product ordered by you, if the delay or failure was due to any cause beyond our reasonable control. This does not affect your statutory rights.
CONTENT AND USEAGE RIGHT
The contents of these pages (including pictures, designs, logos, photographs, written text and other material) are the intellectual property of The Divaurae Custom Lingerie Manufacture Ltd or its content and technology providers or their respective owners. All rights reserved. The copyright and all other rights in such material on this website are vested in us.
As a visitor to this website, you may download a single copy of the material for your own private viewing purposes only. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, display, reproduce, distribute or commercially exploit such material and content without our express prior written consent.
INFORMATION AND AVAILABILITY
We take reasonable care to ensure that the information on this website is accurate and complete. However, due to the nature of the internet, errors, interruptions and delays may occur in the service at any time. Accordingly, this website is provided “As Is”, without any warranties of any kind. We do not accept liability arising from any inaccuracy or omission in the information or interruption in availability. We make no warranties that the site or the server that makes it available are free of viruses or bugs. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you. This does not affect your statutory rights as a consumer.
LINKS TO OTHER WEBSITES
On this website you may be offered automatic links to other websites. You acknowledge that their owners may be independent from us and we do not endorse or accept responsibility for their content. You may not include a link to our website or display the contents of our website framed or otherwise surrounded by material not originating from us without our consent.
You confirm that You have read these conditions and fully understand them. You also agree that these conditions are the only terms (together with Your network provider agreement) that rule Your relationship with us.
Occasionally we may include promotions or other offers on this website. Each such offer shall be subject to its own terms and might not be available in all jurisdictions. The Divaurae Custom Lingerie Manufacture Ltd reserve the right to initiate or withdraw any promotion at any time at their discretion without prior notification.
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes that may occur.