Privacy Policy

Thank You for visiting Divena. This site (the "SITE"), www.divena.in, is operated by Divena ("Divena" or "we," "us," "our" and similar references). If you don't mind survey the accompanying fundamental standards that administer your utilization of the site. Please note that your accessing or using the site indicates your unconditional acceptance of these Terms & Conditions (the "TERMS& CONDITIONS"). Please use this site in agreement with the terms mentioned herein. We reserve the right, in our sole discretion, to update or revise these terms of use at any time. Please read these terms and conditions carefully. These terms & conditions are revised from time to time and stand a binding contract between the Divena and you. Your continued use of the Site post any amendments to the terms of use signifies your acceptance of those amendments. In case there is a conflict between these Terms and Conditions and any other document, the Terms and Conditions will prevail for the purposes of usage of the Site. Should you have any questions concerning any of our policies, please contact us.

Legal Information

This website is owned and operated by Divena. The mailing address for any communication for Divena is Dudani Retail Privet Limited, F-93, 3rd floor kartarpura industrial Area Bias Godam Jaipur-302006, Rajasthan, ( INDIA). All design and content that features on Divena which includes images, photography, artwork, graphics, text and the like are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Divena. If you don't mind survey the accompanying fundamental standards that administer your utilization of the site. All worldwide rights, titles, and interests are reserved.

Use of Site

You may use the Site in conformity with the terms laid down in the Terms & Conditions and the Privacy Policy. The content on the website is strictly for personal and noncommercial use. You may not use the Site for any activity which is, prohibited by the Terms of Use, unlawful or infringes the rights of Divena, till prior permission is taken from Divena. You may not reproduce, publish, display, modify, sell or distribute any material from Divena.

Mentioned below are the rules for use of the site which is in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. It would be ideal if you note that as per the Information Technology (Intermediaries rules) Rules2011 in the event of rebelliousness with rules and guidelines, Agreement and protection strategy for access or utilization of go-between PC asset, the Intermediary has the privilege to promptly end the entrance or use privileges of the clients to the PC asset of Intermediary and eliminate resistant data.

You will not have, show, transfer, alter, distribute, communicate, update, or offer any data or offer/list(s) any data or thing that:
• Belongs to another person and to which you do not have any right to;
• Is terribly unsafe, bugging, irreverent, slanderous, foul, obscene, pedophilic, hostile, intrusive of another's protection, contemptuous, or racially, ethnically offensive, vilifying, relating or empowering illegal tax avoidance or betting, or in any case unlawful in any way whatever;
• Harm minors in any way;
• Encroaches any patent, brand name, copyright, or other restrictive rights
• Disregards any law for now in power;
• Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• Impersonate another person;
• Contains programming infections or some other PC code, records, or projects intended to interfere with, obliterate or limit the usefulness of any
• Compromises the solidarity, trustworthiness, safeguard, security, or power of India, amicable relations with unfamiliar states, or public request or causes PC asset; impelling to the commission of any cognizable offense or forestalls examination of any offense or is offending some other country.
• Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

You accept that maintaining the confidentiality of your account, password and all the activities that occur under your account and password is your responsibility. Also in case of breach of security of your account or if your account has been put to an unauthorized use, you agree to notify us immediately.

This Agreement sets forth the terms and conditions that apply to the User about using the Site. By using this Site, the User agrees to comply with the entire terms and condition Share of. The option to utilize the Site is close to home to the User and isn't adaptable to some other individual or element. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are not in the control of the Organization, and the Organization shall not hold any responsibility for any data loss while transmitting information on the internet. While it is the Organization’s objective to make the Site accessible 7 days per week and 24hours per day, the Site may not be available from time to time in any way, shape, or form including, without constraint, routine support. You also understand and acknowledge that due to some circumstances both within and outside of the control of the Organization, access to the Site may be interrupted, suspended, or terminated from time to time. The Organization reserves the right to change or discontinue any aspect or feature of the Site at any time, including, but not limited to, hours of availability, content, and equipment needed for accessory use. Further, the Organization may discontinue publishing any portion/category of information or eliminate any transmission method and may alter transmission speeds or other signal characteristics.

Membership Eligibility

The Site is available to customers who are "competent to contract" within the meaning of the Indian Contract Act, 1872, making minors, un-discharged insolvents, etc. ineligible to use the Site. If you are a minor i.e. under the age of 18 years, you are not allowed to register as a member of the Site and make the purchase of products on the Site. However, as a minor, if you wish to make a purchase on the Site, it can only be made by your legal guardian or parents who have registered as users of the Site. In the event that whenever it is found or brought to our notification that you are younger than 18 years, Divena, maintains whatever authority is needed to end your enrollment and decline to furnish you with admittance to the Site. Also while registering as a member, you agree to provide authentic, accurate, present, and complete information about yourself as asked for by the Site's registration form. Registration is void where prohibited by law. Divena reserves the right to revoke or prohibit your registration for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms and Condition or the Privacy Policy.

Additional Terms & Conditions

In the event that there is a contention between these Terms of Use and the terms posted or messaged for, or appropriate to, a particular bit of or items on the Site or your participation, the last terms will control as for your utilization of that segment of the Site, the items or your enrollment.

Availability of Site

At any time and reason, we may decide to suspend or discontinue this Site partly or as a whole, without issuing any prior notice or cost. It is, in our sole discretion, to dismiss or suspend your use or access to the entire or a portion of the Site or your account/membership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we inform you that your access to and/or use of the Site or your account is dismissed, you must refrain from all such access and/or use immediately.

Availability of Products

At any time and reason, we may decide to suspend or discontinue this Site partly or as a whole, without issuing any prior notice or cost. It is, in our sole circumspection, to excuse or suspend your utilization or admittance to the whole or a segment of the Site or your record/participation, in any capacity whatsoever, including without constraint, penetrate of these Terms of Use. If at any time, we inform you that your access to and/or use of the Site or your account is dismissed, you must refrain from all such access and/or use immediately.

Equipment

The User is completely responsible for obtaining and maintaining telephone, computer hardware and other equipments required accessing and using Divena and all the charges related to it. The establishment will not be held liable for any damages to the User's equipment resulting from the use of the Site.

Color

We have made every effort to display the colors of our products featured on the website accurately. However, due to monitor discrepancies, we cannot guarantee that the color displayed will be exactly accurate.

Pricing

We make an honest effort to expand our items and additionally administrations to our clients at the most ideal costs; in any case, we don't guarantee that the cost will be the least in the city, area or topography. Costs and accessibility are liable to change with no earlier notification. The costs referenced on the Site can't be contrasted and the equivalent or comparative product(s) or potential service(s) accessible through any on the web or disconnected selling channel. The evaluating is dependent upon our valuing strategy and the costs will be resolved uniquely at our sole carefulness.

Invoice

The price displayed on the Site for our merchandise is GST inclusive. The rate at which GST is applicable depends upon its shipment destination. Please note that the tax applied to the order includes both state and local tax rates applicable for the address where the order is being shipped.

Inaccuracies

We make all efforts to keep our content up-to-date and, present to you, the latest, accurate, and trustworthy information on Divena so that it does not affect your individual order in any way. However, there may be occasions when some of the information displayed on the Site may contain incomplete data, typographical errors, pricing errors, or other inaccuracies. Please note that we present our content “as is” and do not make any claims whatsoever to its accuracy, either expressed or implied. Any inaccuracy that is reflected is completely unintentional and we apologize for the inconvenience caused. We will use reasonable efforts to rectify the errors as soon as it is doable. We reserve the right to cancel any stated offer, amend any errors or inaccuracies; and revise content, merchandise specifications, description, & prices, promotional offers, or any other information without prior notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law. If a Divena product is listed at an incorrect price due to photographic error, typographical error, or error in pricing information from our suppliers, Divena shall have the right to refuse or cancel any orders placed for product list data the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Divena shall issue a credit to your credit card account in the amount of the incorrect price. We will have the right to amend the price of the product and at our sole discretion; we may, either contact you for instructions or cancels your order and notify you of such cancellation at your registered email address or contact number.

Cancellations

By the User: We reserve the right to accept or reject requests for order cancellations for any reason. Order cancellation will only be considered if the order has not been processed. In that case, we shall cancel the order and refund the entire amount. Please note that a request for order cancellation is only valid and accepted if initiated within 24 hours of placing the order on the Site. Once the order has been processed or post expiry of 24hours of making the order, we will not be able to cancel orders. We have the full right to decide whether an order has been processed or not and the User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation. The order that we cannot accept will be canceled and we reserve the right, at our sole discretion, to either refuse or cancel an order. Some reasons why an order may be cancelled are:

• Quantity of product unavailable for purchase
• Error in product pricing
• Defect in the quality of the product

Additional verification or information may be required before accepting any order. We will contact you if the entire or a portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been debited, the said amount will be reversed back in your Card Account.

By the User: We reserve the right to accept or reject requests for order cancellations for any reason. Order cancellation will only be considered if the order has not been processed. In that case, we shall cancel the order and refund the entire amount. Please note that a request for order cancellation is only valid and accepted if initiated within 24 hours of placing the order on the Site. Once the order has been processed or post expiry of 24hours of making the order, we will not be able to cancel orders. We have the full right to decide whether an order has been processed or not and the User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.

Credit Card Details

You concur, comprehend, and affirm that the Visa subtleties gave by you to utilizing the administrations on the Site will be valid, substantial, and precise and you will not utilize the Credit Card which isn't legally claimed by you, for example when completing a transaction using a credit card, you must use your own credit card. Unless required for fraud verifications or by law, regulation, or court order, we will neither utilize nor share the credit card details with any of the third parties. Divena will not be liable for any credit card fraud. The risk for utilization of a card deceitfully will be on you and the onus to 'demonstrate something else' will be only on you.

Reward & Merchandise Return Credit

Additional terms and conditions may apply to specific portions/features of the Site or your membership, which terms are made part of these Terms of Use by reference. You consent to comply with such different terms and conditions. When you register with us, automatically an account is created which is called the “Divena Account”. Divena Account can only be credited with either Merchandise Return Credit or Reward Credit. Divena Account Credit is not redeemable for cash unless required by law. Divena Account Credit may expire if not used for 12 months from the date of issuance.

The following terms and conditions apply to the Credits given by us on the Site:

(a) Merchandise Return Credit: In the event of a return of products to Divena, a Merchandise Return Credit (MRC) will be refunded in the Member’s “Divena Account” at the original purchase price. The Merchandise Return Credit may be redeemed for the next purchase on the Site and is not transferable and may not be clubbed with Merchandise Return Credit belonging to other members at Divena. At no time may you buy, sell, or bargain any Merchandise Credit. The outstanding Merchandise Credit may at any time be assigned to and assumed by any affiliate of, or successor to, the present or any future owner of the Divena website, or any outsider under agreement with such present or future proprietor. You, as a Member, give your consent to and authorize any such future assignment and assumption of outstanding Merchandise Return Credit obligations and you agree to look solely to such assignee in the event of any such transfer.

(b) Credit Balances: A credit balance in the Divena Account will be automatically applied to your next purchase of product from the Site and the order of redemption of such credits will be determined by Divena. If your credit amount exceeds the amount of your total purchase, the excess credit balance will remain in your Divena Account to be applied to your next purchase, subject to the aforesaid terms and conditions. If your account and/or membership is dismissed for any reason, any credit balances in your account will be lapsed, except as prohibited by law. Account balances are determined by Divena and such determination is final.

Emails and Postings

The Site may provide registered customers with the ability to send email messages to others and to post messages on the Site. You are exclusively liable for your record, secret phrase, profile, messages, notes, text, data, suppositions, thoughts, and some other substance you post, transfer, submit, distribute, or show ( in this after "post") on or through the Site, or communicate to or share with different clients (altogether, the "Part Content"). Any Member Content that is posted won't be treated as classified. Divena has the right but not the obligation to monitor and decline, edit, or remove (without notice) allot any portion of any Member Content in any way, shape, or form or no explanation. If Divena chooses at any time, in its sole discretion, to monitor Member Content, it still has no responsibility for the Member Content or for the conduct of the Member posting Member Content or to edit or remove any Member Content, excepting compliance with Section 14 below. If you are involved in a dispute with one or more Members of Divena, you release Divena (including its officers, directors, affiliates, and employees) from claims, demands, and damages (actual and consequential) of every kind arising out of or in any way connected to any dispute.

Under no circumstance shall any disclosure of any member content to divena be subject to any obligation of confidentiality or expectation of compensation or attribution. By submitting any member content to or through divena, you represent and warrant that all your member content will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You speak to and warrant that no part substance will be or contain slanderous or in any case unlawful, injurious, or revolting material. You are and will remain exclusively answerable for your part content. you represent and warrant to divena that divena is free to use the member content, and implement any suggestions contained therein, if it so desires, as provided or as modified by divena, without obtaining permission or license from any third party and without any compensation to you.

Delivery

Since we work with different suppliers the delivery time for orders depends upon various factors such as supplies from the designers, delay in delivery through the courier partner, transporters’ strike, etc. Estimated delivery times are to be used as a guide only and commence from the date of it is dispatched. Divena will not be responsible for any delays caused by third party delivery agencies and/or due to time that may be required for various statutory clearances during the delivery process. We make every effort to deliver the products within 5-8working days and in case of customized orders within 2 – 3 weeks, but this is an estimate and not a guarantee given by us. We reserve the right to deliver the goods by installments. However, if you fail to take delivery of the goods, we may at our discretion charge you for any extra shipping cost that is applicable.

Each delivery forms a separate contract. You may not treat the agreement (all in all) as renounced on the off chance that we neglect to convey any at least one of the portions or in the event that you have a case in regard of any at least one of the portions.

Risk of Loss

The items purchased from our Site are shipped by a third-party carrier following a shipment contract. We safeguard each buy during the time it is on the way until it is conveyed to you. Hence a signature is imperative when goods are delivered, at which point responsibility for your purchased goods passes to you. In case of gift If you have specified a recipient who is not you for delivery purposes(for example as a gift) then a signature by them, or at that delivery address, is accepted as an evidence of delivery and fulfillment of the order by Divena and transfer of responsibility in the same way.

Correspondence

When you use the Site or correspond with us, you agree to communicate with us through emails &electronic records and also give your consent to receive further communications from us as and when required. The mode of communication by us will be via email or by an electronic record which will be deemed adequate service of notice/electronic record.

At Divena we make every effort to quickly respond to your emails, however, we are under no obligation to respond to each and every correspondence received through this site. While we welcome your comments and feedback regarding the site, our merchandise or and/or services via this website or emails, please note that all the comments, ideas, feedback, or any such submission is free of your proprietary claim/ intellectual rights and becomes the property of Divena.

Terms for Promotions/Offers

General Terms for Inaugural Offer
The inaugural discount code, which is valid only for first purchase entitles you to 20% or a maximum of Rs. 400 off on a minimum purchase of Rs1000 at www.Divena is valid till11:59 pm on 31st May, 2016. This discount can be availed only once per profile and cannot be passed around.

Third-Party Websites

There may be links to other websites on the Internet on Divena. Please note that we have no control over the linked websites and hold no responsibility for the accuracy, content, legality, or any other aspect. Hence, in no event shall any reference to any third party, third party website, or third party product or service be considered as an endorsement of the same by us. Divena is not affiliated with websites or third parties that sell or advertise products of our designers without a written agreement with us and shall hold no responsibility for the same.

Indemnification

You agree to indemnify, hold harmless, and defend Divena, its parent, subsidiaries, divisions, and affiliates, and their respective directors, officers, shareholders, employees, agents, contractors, vendors, representatives, from any damages, claims, losses, liabilities, and all costs/ expenses of defense, including but not limited to, attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party. You agree to cooperate fully, as required in the defense of any claim. Divena reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the Indemnities.

Limitation of Liability

you clearly understand and agree that the establishment and its subsidiaries, affiliates, officers, employees, agents, shareholders and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if the organization has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related/unrelated services and other services offered on the site from time to time.

Termination & Fraudulent Transactions

In order to avoid fraudulent accounts and transactions, we constantly monitor the user’s account. Users who have more than one account or who are availing of our services fraudulently shall be held liable for legal actions under applicable law. We serve the right to recover the cost of goods, lawyer’s fees & collection charges from persons using the Site fraudulently, and also, initiate legal proceedings against such persons for deceitful utilization of the Site and some other unlawful acts or exclusions in penetrating of these terms and conditions. In the event of detection of any fraudulent transaction, prior to initiation of legal actions, Divena reserves the right to immediately dismiss such an account and cancel, delay, refuse to ship, or recall from the shipper all past and pending orders without any liability. For the purpose of this clause, Divena shall owe no liability for any refunds.

Divena will not be liable for any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction.

Intellectual Property

Unless otherwise stated, all intellectual property rights, (including but not limited to the copyright, trademarks, registered and unregistered designs, database rights, domain names, and goodwill (“Intellectual Property Rights”)) in all content, software, materials, and other components included on this Site, including all text, graphics, logos, photographs, images, music, button icons, and page headers) is the exclusive property of Divena and/or third parties and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. All trademarks not owned by Divena that appear on the Site are the property of their respective owners. The applicable copyright laws protect the entire contents of the Organization as a collective work.

Any commercial use, including the reproduction, modification, distribution, and transmission of any content is strictly prohibited without the consent of Divena or such third-party which may own the rights.

You are entitled to access, download and transmit (for the purposes expressly permitted in these Terms) and store the Divena content for your own personal, non-commercial use. You agree not to sell, rent, license, rent, amend, distribute, copy, reproduce, transmit, reverse engineer, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials, or in any way exploit, any of the content, (except as expressly permitted by these Terms of Use) in whole or in part on the Site for commercial or public purposes. Excepts otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material without the express permission of the Organization and the copyright owner is permitted. In the case of duplicating, redistribution, or distribution of copyrighted material is allowed, no progressions in or erasure of creator attribution, brand name legend, or copyright notice will be made. The User acknowledges that he/she/does not acquire any ownership rights by downloading copyrighted material.

Disclaimer of Warranty

all the content, text, images, products, and other information on the site, or obtained through the website are provided to you "as is" without warranty of any kind either implied or expressed including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, or non-infringement, security or accuracy. all warranties, if any, relating to the product and services would be provided by the respective supplier/manufacturer of such product and not by us. hence any claim in relation to the same should be raised against the respective supplier/manufacturer and not against us in any case whatsoever.

We do not warrant, specifically, but without limitation the following:

1. The information provided on the website is free of errors
2. Defects will be rectified
3. The site is free of viruses or other harmful components
4. The features on the website will be uninterrupted or free of errors
5. accuracy or reliability of specific opinion, advice, product, service, or statement made through the site by any party other than us, under no circumstance will we be liable for any loss or damage caused by a user's reliance on information obtained through the site, or user's reliance on any product or service obtained from the site, other than as required under applicable consumer protection law.

General

None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and Divena and you shall have no authority to bind the Organization in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail to Dudani Retail Privet Limited, F-93, 3rd floor Kartar Pura industrial Area Bias Godam Jaipur-302017, Rajasthan, ( INDIA)and in your case, to the email address you provide to us during the registration process. Notice will be esteemed given 24 hours after the email is sent except if the sending party is advised that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid, and return receipt requested, to the address provided to us during the registration process. In such case, notice will be considered given 3 days after the date of mailing.

In the event that any proviso of this Agreement will be regarded invalid, void, or in any way, shape or form unenforceable, such statement will be considered severable and will not influence the legitimacy and enforceability of the rest of the conditions of the Agreement. This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof. At Divena’s sole discretion, it may transfer its rights and obligations (under this Agreement) without your prior express consent.

On the off chance that you penetrate this Agreement, and the Privacy Policy or the records they join by reference and we make no move against you, we will still be entitled to use our rights and remedies in any other situation where you breach the aforesaid.

Divena may terminate this Agreement at any time. Without limiting the foregoing, Divena shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which Divena, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Despite some other arrangements of this Agreement or any broad legitimate standards in actuality, any arrangement of this Agreement that forces or ponders proceeding with commitments on a gathering will endure the lapse or end of this Agreement.

Arbitration

If any dispute arises between you and Divena during your use of the Site or thereafter, in connection with or arising out of the Agreement and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to arbitration under the Indian Arbitration & Conciliation Act, 1996, by a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The intervention will be held at Jaipur, Rajasthan. The intervention procedures will be in the English language.

Governing Law

This Agreement, and the Privacy Policy or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India, with exclusive jurisdiction conferred on the courts at Jaipur.