Terms and Conditions

Last modified: October 16, 2019

INTRODUCTION

Davines North America, Inc. (“Company” or “We“) operates this website ("Website"). Please read these terms and conditions carefully before using this website. Your use of this website confirms your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, do not use this website. Please also read our privacy policy at https://us.davines.com/pages/privacy-policy which also governs your use of this website.

PRODUCTS, CONTENT AND SPECIFICATIONS. 

All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. All weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

SHIPPING LIMITATIONS. 

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

ACCURACY OF INFORMATION. 

We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

USE OF THIS WEBSITE. 

The Website design and all text, graphics, information, designs, logos, content, and other material displayed on or that can be downloaded from this Website are either the property of, or used with permission by, Davines and/or Davines North America Inc. and are protected by U.S. and International copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. All software used on this site is the property of Davines and/or Davines North America Inc. or our software suppliers and is protected by U.S. and International copyright laws. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

ELECTRONIC COMMUNICATIONS. 

When you visit this site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this site, about any of our products or services, or for such other purposes as we deem appropriate.

EMAIL MARKETING 

• Pixels Within Emails: To ensure that you receive messages that you’ll love to receive, are relevant to you and personalized to your interests and shopping experiences, we add a pixel to our emails which helps us understand behaviors and personalize our campaigns. The pixel is a small piece of code - literally, a 1x1 pixel - which gives us insights into what you do with our emails, such as if it is delivered to your inbox, if you open it, mark it as spam or unsubscribe; if you click through to our website or offer. Additionally, it tells us the type of device you use to open the email, where you are in the case of open or click (by IP address and ‘best estimate’ geo location based on that IP). By having these insights, it helps us deliver, what we hope, to be meaningful, engaging and exactly the type of emails you hope to receive from us and when you want to receive them.
• Cookies: You will see that we use an Ometria cookie, which helps us understand your activity on our website and which of our products you are most interested in. Amongst others, the cookie sends us information about where you are when viewing our site, how long you visited our site, including which pages you land on and leave, the products and categories you viewed on each visit and the type of device and browser used. The cookie is persistent and has a one year time limit, renewed each time you interact with us. So, if you first visit us on 01/02 the cookie will persist until 31/01 in the following year. However, if you subsequently visit us on 01/06, the cookie will then persist until 31/05 in the following year.
• Profiling Data: The information from email pixels, cookies and your purchase history are brought together to give us a unified customer view. When we look at all of our customers we can better understand what they would like to receive from us: for instance birthday well wishes, emails at the beginning of the day rather than in the evening, sales offers, along with insights that help us plan stock control, designs or brands we may hold. Our aim is to ensure that we carry goods that are relevant to our customers and you love to hear from us when we send you messages. By having a unified customer view we endeavor to offer you a personalized shopping experience. We do this by using data brought together by Ometria’s customer data platform. For instance: if we know a group of our customers want to hear about our latest products we store that preference and make sure they receive an email when we launch a new season’s goods; or if we have special offers for loyal customers (e.g. VIPs) we will send those offers only to that group of customers. 

Our aim is always for you to have a fabulous experience with us and we work hard to make sure that our analysis and use of your data are in harmony with your expectations. We regularly review the information we hold to ensure that it is relevant and accurate.

INTERNATIONAL ACCESS. 

This Website may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

TRADEMARKS. 

Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks in the U.S. and other countries of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without our written permission or the written permission of such third party owner.

LINKING TO THIS WEBSITE. 

Creating or maintaining any link from another Website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply with the terms and conditions of our permission as well as all applicable laws, rule and regulations.

THIRD PARTY LINKS. 

From time to time, this Website may contain links to Websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Website, or any content, materials or other information located or accessible from such Websites, or the results that you may obtain from using such Websites. If you decide to access any other Website linked to or from this Website, you do so entirely at your own risk.

Online Purchases

All purchases through the Sites or other transactions for the sale of goods formed through any of the Sites, or resulting from visits made by you, are governed by our Terms and Condition of Sale [https://ca.davines.com/pages/termini-e-condizioni], which are hereby incorporated into these Terms of Use.

We offer Klarna as an installment payment provider. To learn more about Klarna's terms & conditions, please visit here: https://www.klarna.com/ca/legal

INAPPROPRIATE MATERIAL. 

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

USER INFORMATION. 

Other than personally identifiable information, which is subject to this Website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes, without payment of any consideration to you. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

WARRANTY INFORMATION. 

Some items on our website have a manufacturer's warranty, which is noted in the product description. Manufacturer's warranties are provided by the manufacturer of the product and not by Davines and/or Davines North America Inc. The manufacturer is responsible for all warranty coverage, repair, servicing and defects. To obtain a written warranty for any of these items, send a specific written request to contact@davines.us.

DISCLAIMERS. 

YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEBSITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. 

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATIONS OF LIABILITY. 

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials, from this Website.

IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. 

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.

REVISIONS TO THESE TERMS AND CONDITIONS. 

We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

CHOICE OF LAW; JURISDICTION. 

These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the State and Federal laws of the State of New York, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

INDEMNIFICATION. 

You agree to defend, indemnify and hold Davines and Davines North America Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website.

TERMINATION. 

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

ADDITIONAL ASSISTANCE. 

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at contact@davines.us.