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Welcome to http: // www.diva-tex.com., a website owned and operated
by diva-tex.com., Inc. provides services to
you on diva-tex.com, subject to the provisions contained in these Legal
Notices. In addition, when you use http:
// www.diva-tex.com, you
are subject to these Legal Notices and the terms and conditions applicable to
specific services (such as Customer Reviews), which terms and conditions are
incorporated herein.diva-tex.com. reserves the right to change
the content and these Legal Notices at any time. Please read these Legal
Notices carefully. Any use by you of diva-tex.com. indicates your understanding
and agreement with these Legal Notices. 2. IDENTIFICATION OF THE SELLER Diva-tex.com is the
name of domain of the Website of INDUSTRIAL SARL DIVISION OF THE CLOTHES AND
TEXTILE PROPERTY ACRONYM SARL DIVA TEX. http://www.diva-tex.com is owned by DIVA TEX · Head office : DIVA TEX 2 rue Bonafé, 81100
CASTRES. FRANCE · Plant of production: 2 rue Bonafé, 81100
CASTRES. FRANCE. · SIRET : 378 652 390 00014 · Email :
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· Phone number : 05.63.35 29 65 3- PRICES : Prices are
pointed out in Euro HT and TTC, except shipping costs which will be added after
validation of your basket of online order. DIVA-TEX.com saves the right to change the prices at any time but
promises to apply the rates in force which are pointed out to
you at the time of your order. 4. PAYMENTS OPTIONS The order form will be
filled and validated on the site http: // www.diva-tex.com. In France in anticipation, you can
make the payment: By credit card: Articles are first
chosen online on http: // www.diva-tex.com. After validation of your basket,
you will be re-aimed on the site reassured by Group Credit of the North
(Courtois bank) our partner to make the payment. The payment will be made
throughout the Group Credit of the
North and implicates that no banking information concerning you will pass in
transit via diva-tex.com. The payment by bank card is therefore perfectly
reassured. By transfer : Account name : SARL DIVA TEX Bank account : 10268 Sort code : 02535 Account number : 24170400200 RIB Key : 31 Place : Castres International bank account identification : FR76 1026 8025 3524 1704 0020 031 International bank name identification : SWIFT BIC :COURFR2T For DIVA TEX 2 rue Bonafé, 81100
CASTRES. France Your order is then reserved during
10 days. Beyond of this delay, without reception of your transfer, your order
will be cancelled. Order will be treated only in reception of your banking
transfer and after validation. For every post checks and mail mandates sent, do not forget to send the
form of your order. When you are
outside of France, you can make the payment by : -credit card
( same use as in France) -transfer (
sale use as in France) -Western
Union : Go to your post office, fill out the sending form of money directly to DIVA
TEX 2, rue Bonafé, 81100 CASTRES. FRANCE. sum regulates in Euro TTC. Transfer expenses are to be paid by your
part. Ask for the rate at your post office. By Postal Order : Your order is then
reserved during 7 days. Beyond of this delay, without reception of your
mandate, an adviser will contact you either by telephone, or by email to decide
with you on the continuation of this delay or on the cancellation of order.
After this delay, without any answer from you after 3 days, your order will be
cancelled. Order will be treated only in reception of your mandate and after
validation. The mandate will be drawn up in the name of SARL diva TEX 2, rue
Bonafé, 81100 CASTRES. FRANCE. Diva tex.com has
no access to your bank details and does not keep it with the servers used.
Which is why it will be asked every order made. We utilise
industry-standard Secure Sockets Layer (SSL) technology to allow for the
encryption of potentially sensitive information such as your name, address and
other critically sensitive information like your credit card details.
Information passed between your computer and our Web site cannot be read in the
event someone else intercepts it. This technology includes
the following features:
Spare clause of ownership Products are the ownership of DIVA
TEX up to their entire payment. The purchaser takes as from delivery risks of
loss or of any damages. Default in payment DIVA TEX saves the
right to refuse to deliver or to honour an order emanating from a consumer who
would not completely have regulated a previous order or partly or with whom a
litigation of payment would be under way of administration 5- DELIVERY Products are delivered to the address given to us in the course of the
process of order. All expenses of delivery are calculated during the validation
of order. Package is sent in colissimo expert (followed and against signature)
or by conveyor. When we receive the
payment, your order will be validated with a confirmation notice on which is
written the expedition time (product leaving the plant). For articles in supply
the delay is of 48 h maximum (in working days and except closing of the firm).
For articles to be fabricated, the delay is of 8 days minimum (in working days and except closing of
the firm). You must
prove the compliance of the goods delivered at the time of delivery and before
signing the receipt of the conveyor. You must point out on the receipt in form
of handwritten reservations accompanied with your signature any anomaly
concerning delivery (false product). This check is considered as performed
since the purchaser, or a person allowed by her, signed the receipt. You will
also have to mention by checked post anomaly and confirm your reservations in the 3 working days according to
reception of or of articles and transmit a copy of this mail in: DIVA TEX 2,
rue Bonafé, 81100 CASTRES. FRANCE If articles require to be returned to us, they have to make the object of a
request back to our customer service in the 7 days according the delivery. Any
claim formulated out of this delay will not be able to be accepted. The return
of the product will be able to be accepted only for products in their state of origin. If, at the time of delivery, the packaging of origin is damaged, opened,
bandages of torn guarantee, you must then prove the state of articles. If they
are harmed, you must absolutely necessary refuse the package and note a
reservation on the delivery slip (refused package because opened or damaged). 6-REPLACEMENT
You have a
delay of 3 days as from the reception of your package to tell the customer
service of your wish to return the product. On receiving the agreement back
from our services, and in accordance with the article L.121-20 of the code of
consumption, you have 7 days to return us the product. When the time expires,
your return will be refused. The product
will inevitably have to be back in a perfect state, not harmed, still labelled,
in its packing of origin. In defect, you will lose your right of retraction and
the product will have gone back to you in your expenses. Thank you for returning the article with a colissimo. If not, we decline
any responsibility in case that the package would get lost or would not reach
us in 7 days. No inquiry will be performed by our services to the mail agents. To treat
your request correctly back, thank you for reminding us of your complete
coordinates. Exclusion :
The return right will not be able to
be used for all the following articles: -sold and
reduced stocks articles -individual,
marked, embroidered, fabricated articles - carried, crumpled, washed articles. All these
articles are not either taken back, or exchanged. In the case of vices hidden
only they will be able to be taken back and reimbursed. 7. REFUND
In case of retraction or not contentment after reception of the package,
expenses of return is to be paid by the customer. In case of error from DIVA TEX or defects of articles, expenses of return
will be reimbursed to you. We undertake refund within 21 - 30 days. 8. THE GUARANTEE OF THE CONSUMER Guarantee
of the product: In accordance with articles L-640 and following the civil code,
the customer benefits from the lawful guarantee of hidden vices, from
nonconformity, from defectiveness. This guarantee does not apply to deterioration
caused by normal wear, nor in deterioration linked to a not correspondent use
of articles. In case of hidden vice, you have the choice enter cancel order or
keep the product against a valuable reduction. Articles can appear more or less clear on the
photographs of the site http: // www.diva-tex.com in comparison with the real
colour of the accepted product. The
responsibility of the society DIVA TEX cannot be hired in case of error in one
of these photographs or one of these texts. Errors of
delivery: As part of a delivery which would not be intended for him, the
customer is required to keep the package in state and to inform about it
according to modalities, customer service of the society DIVA TEX. No
correspondent products: In case of no correspondent product, the customer will
be able to formulate this claim according to modalities, to customer service of
the society DIVA TEX. The customer will have to represent precisely motives
allowing to justify not compliance. Any claim not performed in rules defined above and for the allowed delays
will not be able to be taken into account and will clear the DIVA TEX society
of any responsibility in relation to the customer. 9 – RESPONSABILITIES The choice and the purchase of a product or a service are put under the
only responsibility of the customer. The DIVA TEX society acts as an
intermediary by providing the means for online website : http: // www.diva-tex.com. The DIVA TEX society has only one obligation of means in all stages of
connection in the site and process of order, its responsibility would not know
how to be hired for all disadvantages or inherent damage in the use of Internet
network, notably a break of service, an intrusion from outside or the presence of computer viruses. The DIVA TEX society would not accept to be kept for responsible for the
nonperformance of the contract concluded in opportunity, or in case of complete
or partial strike of mail services, transport / communication, and disasters
caused by inundation or fire or any fact described to be major force, in accordance with the case law. As regards
products bought to satisfy the professional needs, the DIVA TEX society will
incur no responsibility for very indirect damage due to presents, loss of
working, loss of benefit, damage or expenses, which could happen. The DIVA
TEX society adds that in the application of the article 1124 of the civil code,
the under-18s are unable to make any order. Orders intended by the under 18s
must be placed by parental authority. In case of accidental collection of data
of names relating to a under-18s, parental authority is qualified to oppose to
their conservation and/or to tra Earthquakes nsmission in thirds. Links
hypertexts on the site http: // www.diva-tex.com can return partners towards
other Websites, DIVA TEX gives any responsibility in case or contents of
Websites would not be in accordance strict with lawful and regulation in force
dispositions. Sales,
deliveries, payments, refund, and any activity of this site, the society DIVA
TEX is still responsible. In case of no delivery of any order or a part of
the order, you have maximum 6 months (as from the departure date of our places)
to manifest yourselves. Beyond of this delay, we shall accept no claim. 10. MAJOR FORCE None of both parties will have failed in his contractual obligations, in
measure or their execution will be postponed, hindered or prevented by a
haphazard case or major force. Any facts
from outside or circumstances in parts, unpredictable, unavoidable, independent
of the will of parties will be considered to be haphazard case or major force
and which will not be able to be prevented by these last, in spite of all
efforts reasonably possible. The affected party by such circumstances will
notify other one of it in the 10 working days according to date in which it
will have known it. Both parties will get closer then, within one month, except impossibility
owed to the case of a major force, to examine the If the case of force majeure has a length
superior old of 3 months, the present general conditions will be able to be
cancelled by the affected party. impact of event and admit conditions in which
the execution of the contract will be followed. In an
expressed manner, are considered to be cases of force majeure or haphazard
cases, outrage those habitually kept by the case law of lessons and French
courts: The
blockages of the means of transport or supply - Earthquakes - Fires - Storms -
Inundations - Lightning - When
telecommunications networks or clean difficulties in the external
telecommunications networks to the customers stop. 11. COMPUTER SCIENCE AND FREEDOM The collection of your names data is necessary for us in the good treatment
of your order and allows you to accept information on our promotional offer, as
well as on events via Internet. This information will be able to be transmitted
as a society partner. You will be able to accept commercial proposals from
other organisms or undertaken. In accordance with Computer law and freedom of January 06th, 1978, you
have a right of access, modification, correction and abolition of the personal
data concerning you. If you like to exercise this right, write to us, by
pointing out your name, forename,
address and send it via our email
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12.
INTELLECTUAL OWNERSHIP I n keeping
with laws governing the ownership of literary and artistic rights or other
similar rights, any photographs and models of clothes being in the present site
are the exclusive ownership of the society DIVA TEX. The user
who has a personal Internet site and who wants to put, for a personal usage, on
its site a simple link returning diva-tex.com directly in the homepage of the
site, can make it without asking inevitably for the approval the society. On the
other hand, any hypertext link returning
to the site of diva-tex.com and using the technology of the framing or the
in-line linking is officially forbidden. At any rate, any link, even tacitly
allowed, will have to be withdrawn at simple request of diva-tex.com 13. APPLICABLE LAW AND COMPETENCE The present
General Conditions are governed and interpreted in accordance with French law.
In case of litigation or claims, an amicable resolution will be searched before
any judicial action. Failing amicable agreements, alone the French courts will
have competence to pronounce on all litigations likely to be born between
parties relating to the execution of presents. 14.TIME The present
conditions are applied for the duration of online web services given by the
society DIVA TEX 15.
PROOF Computerized registers, kept in the computer systems of the society DIVA
TEX will be considered to be the proof of communications, orders and payments intervened
between parties. 16.
MODIFICATION OF THE GENERAL CONDITIONS OF SALE Considering possible evolutions of the site diva-tex.com, the DIVA TEX
society saves the possibility of adapting or of changing any time the present
general conditions of sale. Customer by online modification will advise about the new general
conditions of sale, if need be, and will be applicable to the only sales
accomplished after modification. |
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