DIVALO CLOTHES S.R.L. – Romanian legal entity
SITE – divaloclothing.com domain and its subdomains
CONTENT – has the following definition:
• all SITE information that can be accessed, viewed or otherwise accessed by using a numeric device;
• the content of any e-mail sent to USER or CLIENTS by Divalo by electronic means and/or any other means of communication available;
• any information communicated by any means by an employee of Divalo to the USER or CLIENT, according to the contact information, whether specified or not;
• information about products, services and/or tariffs applied by Divalo in a given period;
• information about products, services and/or tariffs applied by a third party with whom Divalo has concluded partnership contracts in a given period;
• Divalo data, or other privileged data.
CAMPAIGN - the action to expose for commercial purposes, exclusively electronically and through the site only, a finite number of products having a limited and predefined stock for a limited period established by Divalo.
SERVICE - e-commerce service conducted exclusively on publicly available portions of the SITE, in order to allow the CLIENT to contract products and/or services using exclusively electronic means, including other means of telecommunication.
MEMBER - the individual who has or obtains access to CONTENT by any means of communication provided by Divalo (electronic, telephone, etc.) or based on an existing use agreement between Divalo and the one that requires the creation and use of an Account.
ACCOUNT - an assembly consisting of an email address and a password that allows only one MEMBER to access restricted areas of the SITE through which access to the SERVICE is made.
CLIENT - the individual who is a Divalo MEMBER and who has placed at least one order on the site.
DOCUMENT - these Terms and Conditions.
Remote CONTRACT - as defined in O.G. 130/2000 art. 2 letter a: The contract for the supply of goods or services concluded between a trader and a consumer under a sales system organized by the trader, which exclusively uses, before and at the conclusion of this contract, one or more techniques of remote communication.
NEWSLETTER/ALERT - means of periodical information, exclusively electronic, namely electronic mail (e-mail, SMS), about products, services and/or promotions conducted by Divalo in a certain period without any commitment from Divalo concerning the information contained therein.
TRANSACTION - cashing or reimbursement of a sum resulting from the sale of a product/service by Divalo to the Client, using the services of the card processor agreed by Divalo, regardless of the delivery method;
PROCESSING FEE FOR CASH ON DELIVERY - For any cash payment order, a Processing Fee for Cash on Delivery is applied. Each order sent by Divalo involves logistical expenses for storage, transportation, handling and packing of products, as well as cash collection and processing costs. All of these costs are included in the Processing Fee for Cash on Delivery, which is a single charge, paid only once for a placed order, regardless of the number of products ordered simultaneously.
For orders paid by card, the Processing Fee for Cash on Delivery does not apply.
2.1. Any Content to which the Member or the Client has and/or obtains access by any means is subject to the Document if a specific and valid user agreement does not accompany the content concluded between Divalo and the Client, and without any warranty implicitly or explicitly formulated by Divalo concerning that content.
2.2. The Member or the Client may only copy, transfer and / or use content for personal or non-commercial purposes only if they do not conflict with the provisions of the Document.
2.3. If Divalo grants the Member or Client the right to use, as described in a separate use agreement, a certain content to which the Member has or will gain access under this agreement, this right extends only to that content as defined in the agreement, only during its existence on the Site or the period defined in the agreement, if any, and does not constitute a contractual commitment on behalf of Divalo, Member, Client or any other third party who has/obtains access to this transferred content by any means and which may or it is harmed in any way from this content, during or after the expiration of the use agreement.
2.4. No content transmitted to the Member or the Client by any means of communication (electronic, telephone, etc.) or acquired by accessing, visiting and/or viewing constitutes a contractual obligation from Divalo and/or the Divalo employee who mediated the transfer of content, if any, to that content.
2.5. Any use of the Content is forbidden for purposes other than those expressly permitted by the document or the consent to use it if it exists.
3.1. Divalo publishes on the site, updated identification and contact details, to inform Clients or Members.
3.2. By using the contact form or the service present on the site, the Member or the Client allows Divalo to contact him by any available means, including electronic means, such as electronic mail (e-mail, SMS).
3.3. Partial or total completion of the contact form and sending it does not represent in any way a commitment from Divalo to contact the Member or Client.
3.4. Accessing the Site, using the information presented within it, visiting the pages or sending emails or notices addressed to Divalo is done electronically, by phone, or by any other means of communication available to the Member or the Client. Thus, Divalo will consider that the Member or the Client agrees to receive Divalo notifications electronically and/or by telephone, including communications via e-mail, SMS or announcements on the site.
3.5. Divalo reserves the right not to respond to requests of any kind, unrelated to the products/services present on the site or to a contract concluded with a Member or Client, received by any means of communication (electronic, phone call, SMS etc ).
4. NEWSLETTERS AND ALERTS
4.1. When the Member or Client creates a Site Account, accepts the Document (Terms and Conditions), expressing their agreement to receive newsletters and/or alerts from Divalo sent by e-mail (e-mail, SMS) and/or phone call. The option regarding the agreement issued by the Client or the Member may be modified at any time, subject to the provisions of Art.4.3.
4.3. Renouncing to receive newsletters and/or alerts by the Member or Client can be done at any time:
4.3.1. using a special link from within any newsletters;
4.3.2. by using the options available in the Client Account to change your acceptance or to receive newsletters and/or alerts;
4.3.3. by contacting Divalo, using the tools available on the site at the "SUPPORT" section, without any further obligation of any party to the other.
4.4. Renouncing to receive newsletters and/or alerts does not imply giving up the document's acceptance.
4.5. Divalo reserves the right to select Members or Clients who have previously expressed the opportunity to receive newsletters and/or alerts to which such notifications will be sent, as well as the right to remove any Member or Client from its database without a later commitment from Divalo. In this case, the Member or Client may contact the Divalo Customer Relations Department in order to receive the necessary justifications regarding any Divalo's decision and/or action within the meaning of this article.
4.6. Divalo will not include in the newsletters and/or alerts sent to the Member or the Client any other advertising material in the form of content referring to any third party that is not a partner of Divalo at the time of sending the newsletters and/or alerts.
5.1. Divalo collects personal (CNP) and special data on its Site pages only with the voluntary agreement of the Member or the Client for the following purposes:
By creating the Account, each Member or Client has expressed its consent that Divalo can collect and manage its personal data, subject to and in accordance with the provisions of Law 677/2001.
Any Member or Client has the right to obtain from Divalo, through a written, signed and dated request, free of charge:
a) a confirmation that the data concerning it is processed or not by it;
b) where appropriate, correcting, updating, blocking or deleting data whose processing is not lawful, in particular incomplete or inaccurate data;
c) where appropriate, the transformation into anonymous data of data whose processing does not comply with the law;
d) the notification to third parties to whom the data have been disclosed of any operation performed in accordance with subparagraph b) or c), if such notification is not impossible or does not involve a disproportionate effort in relation to the legitimate interest which might be harmed.
By virtue of voluntary registration on the Divalo website or accessing (ordering) Divalo products/services, the Member or Client agrees (authorizes) with Divalo's processing of personal data in its own computer system, both manually and automatically, for the purposes stated in paragraph 5.1, in accordance with Article 5, paragraph 1 of Law no. 677/2001 regarding the protection and processing of personal data. If the Member or Client disagrees with the processing of his personal data by Divalo, he/she has the right not to use the website and to not provide Divalo personal data. Any Member or Client has the right to oppose at any time, for legitimate reasons related to its particular situation, by transmitting to Divalo a request made in writing, dated and signed as her data is intended to be processed, except where there are legal provisions to the contrary. In case of justified opposition, the processing can no longer refer to the data in question. Any Member or Client has the right to oppose at any time, free of charge and without any justification, by transmitting to Divalo a written, dated and signed request that the data that is intended to be processed for marketing purposes directly on behalf of the operator or a third party, or be disclosed to third parties for such purpose.
5.2. Divalo may also collect other data (IP address, visit time, access point, Internet browser name and version, operating system, including other parameters) provided by the internet browser through which access to the site is made and may be used by Divalo to improve the services provided to its Clients or Users, or for statistical purposes; except if the provisions of the document are breached in the event that the result of the Member’s/Client's actions contradicts the interests or causes damages of any kind on the part of Divalo and/or any third parties with whom Divalo has partnership contracts at that time. Divalo also uses surveys that are emailed or made available on the site for the collection of demographic data about the Client, profile and other data related to consumer preferences and behavior; Divalo also uses Divalo's detailed customer satisfaction surveys. Such data are used to study consumer preferences and to perform statistical analyzes, both used to adapt the offer to the expectations of Divalo clientss. The client may always provide such data on a voluntary basis and may at any time give up participation in the survey without the provision of data and without any negative impact on it in the event of a waiver right.
5.3. The Client has the right to oppose the collection of personal data within limits provided by art. X.X., and to request their deletion, thus revoking its consent for the document and thus giving up any inherent rights specified therein and without any further obligation of either party to the other or without any party claiming the other damages.
5.4. For exercising the rights under art. 5.3, the Client or the Member will address Divalo by accessing one of the modalities stipulated in Art. 4.3.
5.5. By using the forms available on the site, the Client or the Member has the right to modify the data he/she has initially stated to reflect any change, if any.
5.6. If the Client opts for the online payment of the order, contract and/or contracts, the authorization and delivery for settlement of the card acceptance transactions are made exclusively through the payment processors: MobilPay. All types of cards issued by Romanian and foreign banks under VISA and MasterCard are accepted provided that the issuing banks have activated them for online payment.
5.7. Divalo does not request or store any information about the client's card or bank cards, which are processed directly on the servers of the online payment service provider.
5.9. Divalo obliges Client’s/Member's collected data to be used only for declared purposes and not to make public, sell, rent, license, transfer, etc. the database containing information about the personal or special data of the Member/Client to any third party not involved in the fulfillment of the declared purposes.
5.10. Exceptions to the provisions of art. 6.9 will make the transfer/access/visualization/etc. required by the competent authorities in the cases provided by the regulations in force at the time of the event.
5.11. The bank card processor/processors approved by Divalo has/have the right to access/view any type of data/documents generated by an order issued, canceled orders, contract, canceled contract or honorable contract, to investigate any Transaction, if it exists.
5.12. Divalo guarantees that the personal data of a User, collected through the contact form, will only be used until the problem communicated by him/her has been resolved and then become exclusively statistical data.
5.13. Divalo is not responsible for any malfunctions that may endanger the security of the server on which the database containing this personal data is hosted.
6. ONLINE SALES POLICY
6.1. Access to service
6.1.1. Access to service is allowed to any Member who owns or creates an Account.
6.1.2. In order to be granted access to the service, the Member will have to accept the provisions of the Document.
6.1.3. Divalo reserves the right to restrict or exclude the Client's access to the Service and/or some of the accepted payment arrangements and to delete or restrict its Account, within the limits of the law, if it considers that based on the Client's conduct or activity on the site, the access and existence of that Account may prejudice or prejudice Divalo in any way. Subject to the provisions of Art. 4.5. in respect of the Client's notification of Divalo's actions and/or decisions, he may address the Company's Customer Relations Department in order to be informed of the reasons which have led to the application of the above-mentioned measures.
6.1.4. Each Member can have one Account. It is forbidden to share an Account among several Members/Clients.
6.1.5. In the event that Divalo discovers irregularities and / or breaches of any kind whatsoever of the provisions of this chapter that result in damaging or disrupting in any way the Company's business, Divalo reserves the right to freely choose to: cancel, restrict, restrict, suspend or exclude Client's access to Content or Service. In this case, the Member or Client may contact the Divalo Customer Relations Department in order to receive the necessary justifications regarding the measures taken for the purposes of this article and the date from which they were or will be applied.
6.2. Products and services
6.2.1. Divalo may publish on the site information about the products, services and/or promotions practiced by it or by any other third party with which Divalo has concluded partnership contracts within a given period and within the available inventory.
6.2.2. Products and / or services purchased through the Service are intended solely for Client's personal use.
6.2.3. Divalo may limit to one or more Clients, the ability to purchase products or services available on the site at any given time, under the terms of Art. 6.1.
6.2.4. All prices for the products or services presented on the site are expressed in RON and include VAT.
6.2.5. Prices displayed on the site cut off by a line means that the price recommended by the manufacturer for sale in shops, shopping centers or any other shopping areas where discounts are not practiced. These prices are purely informative and have no legal value.
6.2.6. Invoicing of purchased products is made exclusively in RON. If the payment is made by card, Divalo will debit the current account of the Client with the amounts representing the value of the ordered products, after transmitting to the latter the confirmation of the order. Divalo will not invoice legal entities, even at the request of the Clients in this respect, considering that the site is addressed exclusively to individuals.
6.2.7. In the case of online payments, Divalo is not/can not be held responsible for any additional cost incurred by the Client, including but not limited to currency conversion fees applied by the issuing bank of the card, if its currency of issue differs from RON. Responsibility for this action is borne only by the Client.
6.2.8. All information used to describe the products and/or services available on the site (static images, dynamic images, multimedia presentations, etc.) are not a contractual obligation on behalf of Divalo, which are using it exclusively for presentation purposes.
6.2.9. In the description of products and/or services, Divalo reserves the right to use other products (accessories, etc.) that may not be included in the cost of the products in question.
6.3. Online order
6.3.1. The client can place orders on products sold at a time, exclusively on the site, by adding the desired product(s) to the shopping cart, and then completing the order by making the payment in one of the ways expressly indicated. Once added to the shopping cart, a product is available for purchase as long as the Campaign is active and there is a positive stock for it. Adding a product to your shopping cart, unless the order is completed, does not entail the automatic reservation of the product.
6.3.2. By completing the order, the Client agrees that all the data provided by the client, which is necessary for the purchase process, is correct, complete and accurate at the time of placing the order, referred to in this document and the issued order.
6.3.3. By completing the order, the Client agrees that Divalo can contact him, through any means available/agreed by Divalo and provided in this Document, in any situation where the Client is required to be contacted.
6.3.4. Divalo may unilaterally denounce the order made by the Client upon prior notice addressed to the Client without any further obligation of any party to the other party or without any party claiming the other damages in the following cases:
22.214.171.124. non-acceptance by the issuing bank of the Client's card of the transaction in the case of online payments;
126.96.36.199. invalidation of the transaction by the card processor agreed by Divalo in the case of online payment;
188.8.131.52. the data provided by the Client on the site is incomplete or incorrect;
184.108.40.206. the Client's activity on the Site may and/or is causing damages of any kind, or prejudice in any way to Divalo and/or to its partners;
220.127.116.11. making more than two consecutive unsuccessful delivery attempts.
6.3.5. The client may give up an order when contacted in accordance with art. 6.3.3.;
6.3.6. In the event that the Client renounces within the legal withdrawal period of the contract, to an order made by card payment and in which the bank issuing the Client card has paid the amounts into the Divalo account, the amount shall be returned by Divalo in maximum 14 calendar days from the date on which the latter has acknowledged this fact in the IBAN account specified in writing by the Client.
6.3.7. In the event that a product ordered by the Client, by making a card payment in advance, cannot be delivered by Divalo, the latter will inform the client of this fact and return the value of the products to the Client's account within a maximum of 14 calendar days from the date when Divalo became aware of this fact or from the date on which the Client expressly expressed his intention to withdraw from the contract.
6.3.8. The Client has the right to cancel or modify the content of an order paid with the card within a maximum of 24 hours of its placement. In this respect, the Client will send in writing to Divalo the request to cancel or change the order.
6.3.9. If the Client has changed its Order under art. 6.3.8 and the value of its new order is less than the value of the products/services originally commissioned, Divalo will return to the Client's account the amount representing the difference between the initial order and the new order, within 48 hours of the date when Divalo became aware of this fact.
6.3.10. The delivery details of the products, including but not limited to the time required for delivery, do not constitute a contractual obligation on Divalo, without any party being able to claim the other damages, if any party may be or is harmed in any way from their violation.
6.3.11. In the event that a Client modifies his or her personal data using the forms available on the site, all existing orders at that time retain the data defined/accepted by the Client after the change, taking into account for the delivery and contact, the new data modified accordingly.
6.4. Order by phone
6.4.1. Divalo Client/Member can make phone calls at phone no. +40 756 655 703.
6.5. Contract and completion
6.5.1. Divalo will include in the package shipped to the Client, depending on the type of each product, all the necessary documents proving the purchase of the products/services by the Client.
6.5.2. Divalo will inform the Client about the completion stage of his order.
6.5.3. The contract, together with the documents proving the delivery to the Client of the products contracted from Divalo, becomes an Honored Contract by Divalo.
6.6.1. The delivery to the Client of the purchased products/services is done through an express courier company. The express courier company processes the personal data of the Divalo Client exclusively for the provision of transport services of the products purchased by them on the company's website and only with the strict observance of this document Divalo Terms and Conditions. Also, third-party express courier partners mandated to perform transport services that process personal data of Divalo Clients are kept strictly in compliance with the terms and conditions of the law regarding the security of the processing of personal data and of the present document Divalo Terms and Conditions. In this respect, the express courier company can contact Divalo Clients by any means of communication (e-mail, telephone, SMS) within limits and for the purpose of this article.
6.6.2. Deliveries will be made on average within 3-5 days. If the product is shipped later than the deadline mentioned above, Divalo will inform the Client by e-mail. The client may cancel the order in writing and in the event that the payment has been made in advance, the amounts paid will be reimbursed in full according to the law, within 14 calendar days from the date of giving up.
6.7. Quality and warranties
6.7.1. Each product sold by Divalo benefits from the warranty period stated in the warranty of the product. Clear details about the features of each product are provided on the presentation page of the product. Information on Divalo's warranty terms and conditions and the general usage instructions for the different product types are handed to the Clients as a document available on the warranty section, or in the form of a brochure found in each package. No Member/Client can request an extended warranty, other terms and conditions and/or a valid warranty for a more extended period than the one provided in the documents referred to in this article. The warranty provided by Divalo is issued in accordance with the applicable law and is based on Divalo's documentation obtained that evidence the quality/duration of use of the products sold, respectively certificates of authenticity and/or conformity, directly from the manufacturer and/or authorized distributors of the manufacturer.
Each product sold by Divalo benefits from a guarantee of compliance in accordance with the provisions of Law 449/2003, and according to the provisions of Art. 6.7.1, including for cases where the product quality information provided by the manufacturer of the product is missing.
According to art. 11 of Law 449/2003, each Member or Client may request, in the event of lack of conformity, repair, replacement of the product within the available stock or return of the amount paid.
6.7.2. If Divalo cannot execute the contract because the product is not available, it will inform the Client of this unavailability at the time Divalo becomes aware of the case. In the event the product has already been paid by the Client, the amounts paid shall be refunded by Divalo within maximum 14 calendar days, according to art. 11 par. 2 of Law 130/2000 on the execution of distance contracts.
6.7.3. In the event of exceeding the delivery term indicated in art. 6.6.2, Divalo will inform the Client by e-mail and will agree with him the extension of the delivery term with a period not exceeding the delivery deadline originally stipulated. If within the new agreed period, the product will be unavailable for delivery, the Client may request termination of the distance contract and cancellation of the order. The client has three working days from the date of the notification of the information to express his or her choice regarding the ordered product. The failure of Divalo to receive a response from the Client within the specified term will be considered as tacit acceptance of the Client for the extension of the delivery period. In all cases where the Client expresses the written option of terminating the contract and canceling the order if the product has already been paid, Divalo will return the amounts paid in accordance with Art. 6.6.2..
6.8 Returning products
6.8.1. The Divalo Client can return the products purchased through a Contract in the following situations:
18.104.22.168. Packages show severe damage;
22.214.171.124. Products were delivered/billed incorrectly;
126.96.36.199. Products have manufacturing defects;
188.8.131.52. The products have wrongly ordered sizes by the Client;
184.108.40.206. "The consumer has the right to notify in writing to the merchant that he/she renounces the purchase, without penalty and without invoking a reason, within 14 calendar days of receiving the product." Also, according to art. 7 par. 1 of OG 130/2000, the Client has the right to unilaterally terminate the distance contract, within 14 calendar days from the date of receipt of the product(s), without penalties and without invoking any reason. In this case, the direct return of the products will fall, according to the law, on the Client's charge.
6.8.2. The Client undertakes to notify Divalo, its intention to return the purchased products by any written means of communication (e-mail/fax/etc) within 14 calendar days of receipt of the products and/or services.
6.8.3. The client who has notified Divalo under Article 6.8.2 has the responsibility to ensure that the products he has referred to, are returned within 14 calendar days, otherwise Divalo considers the claim unfounded and may refuse the return.
6.8.4. The Divalo client will not be able to return the purchased products and/or claim any other damages/refunds in the following situations:
220.127.116.11. In case of replacement of the product purchased with another product with other specifications or a different type, except for the situation stipulated in art. 18.104.22.168.
22.214.171.124. In the event that the request for return for any of the situations provided in art. 6.8.1 has the date of dispatch of the notification of the intention to return which exceeds the period of 14 calendar days provided in Article 6.8.2, calculated from the working day following the date of the honoured contract.
126.96.36.199. If a product is returned with one of the situations provided for in art. 6.8.1, and the returned product is not in the same condition as it was delivered (in the original package with all the intact labels and the documents that accompanied it).
188.8.131.52. According to O.G. 130/2000 (Article 10 letter. c), Divalo reserves the right not to accept the return of products which, by their nature, cannot be returned or are liable to degrade or deteriorate rapidly, such as linen, swimsuits and/or cosmetics. The Member/Client will be informed on each product page if it is returnable or not. Products that make up a kit need to be returned as a kit. Shoes should not be used and should be returned in the original undamaged packaging, the boxes being considered as part of the product. Sunglasses must be intact when returning.
6.8.5. In the event of a refund of the product, this will be made within 14 calendar days of the confirmation of the return.
6.8.6. In the case of replacement of the product with one of the new ordered size, according to 184.108.40.206, the replacement shall be done under the conditions and limits of normal order.
6.8.7. If the Client who returned a product in accordance with the provisions of Art. 220.127.116.11 and Divalo do not have a replacement product, it will provide the client with the counter value of the product in accordance with 6.8.5.
6.8.8. The value of additional services including, but not limited to, the transportation of the products, paid by the client, is not reimbursed.
6.8.9. In all cases, the return/re-dispatch costs will be borne by the client except in the circumstances set out in points 18.104.22.168; 22.214.171.124; 126.96.36.199 and in the case of non-compliance according to 6.8.1., in which Divalo will bear the value of the shipment. Also, in the case of delivery of a non-ordered product(s), 6.3, return expenses are in charge of Divalo.
6.8.10. For orders paid by card, the amount will also be returned on the card originally used for the transaction, within 30 days of the initiation of the reimbursement.
7.1. Divalo does not ask for any information about confidential data, bank accounts or personal passwords through any means of communication (e-mail/telephone/SMS/etc.) to its Clients or Users.
7.2. The Client/Member assumes full responsibility for the disclosure of any confidential data to any third party.
7.3. Divalo disclaims any responsibility in the event that a Member/Client is/will be prejudiced in any form by a third party who would claim to be/represent Divalo's interests.
7.4. The Client or Member will inform Divalo of such attempts using the contact data.
7.5. Divalo does not promote SPAM. Any Member/Client who has explicitly provided his email address on the site may opt to disable the client account associated with this email address, subject to the conditions stated in art. 4.3. of this document.
7.6. Communications made by Divalo by electronic means of remote communication (i.e., e-mail) contain the full and conforming identification data of the sender or links to them at the date of transmission of the content.
7.7. The following goals, once achieved, will be considered as attempts to fraud the Site/Content and/or of Divalo, the latter retaining the right to initiate criminal prosecution against the one or those who attempted to or reached this Goal:
7.7.1. to access any type of data of another Member/Client by using an account or by any other method;
7.7.2. to alter or modify the content of the Site or any mail sent by any means by Divalo to the Member/Client;
7.7.3. to affect the performance of the server/servers running the site;
7.7.4. to access or disclose to any third party who does not have the necessary legal authority the content sent by any means by Divalo to the Member/Client when he/she is not the legitimate recipient of the content.
8. LIMITATION OF RESPONSIBILITY
8.1. Divalo cannot be held responsible in any way in the face of any Member/Client who uses the Site or the Content, except in the limit of the articles that constitute the Terms and Conditions.
8.2. If a Member/Client considers that any Content sent by any means by Divalo violates the copyright or any other rights, it may contact Divalo for details, in accordance with the contact details, so that Divalo can make an informed decision.
8.3. Divalo does not guarantee to the Member or the Client access to the site or to the service, in the absence of registration by the latter through the registration steps of the site, and does not confer the right to download or partially and/or entirely change the content, reproduce in whole or in part the content, copy, or exploit any content in any other manner, or transfer to any third party any content to which it has and/or obtained access under an agreement of use without prior consent written by Divalo.
8.4. Divalo is not responsible for the content, quality or nature of other sites that are linked through content, regardless of the nature of these links. For those sites, the owners have full responsibility for them.
8.5. Divalo is relieved of any fault in the use of the sites and/or the content transmitted to the Member or the Client by any means (electronic, telephone, etc.) via the Divalo's websites, e-mail or by the Divalo employee, when such use of the content may or may cause damages of any kind to the Member, the Client and/or any third party involved in this Content transfer.
8.6. Divalo does not offer any direct or indirect warranties such as:
8.6.1. the service will be in accordance with client requirements;
8.6.2. the service will be uninterrupted, secure, or error-free of any kind;
8.6.3. products/services obtained free of charge or surcharged through the service will meet the requirements or expectations of the client.
8.7. Subject to the Terms and Conditions, the operators, administrators and/or site owners are not responsible in any way for their relationship or consequences resulting from, but not limited to, purchases, special offers, promotions, advertising or any other type of relationship/link/transaction/collaboration/etc. which may occur between the Client or Member and any of those who promote themselves directly or indirectly through the site.
8.8. Promotional materials (including but not limited to campaign banners) used to present each campaign on the site and/or on the company's Facebook page have the exclusive character of promoting brands without the use of banners interpreted as an obligation by Divalo to actually hold stock for commerce purposes, products that appear or may appear within them. Thus, only the products presented on the site, indicating the sale price and their characteristics serve the commercial purposes of the company (available for sale).
9. FORCE MAJEURE
9.1. Except as otherwise expressly provided, none of the parties to a concluded contract, which is still in progress, will be liable for the failure to execute on time and/or accordingly, in whole or in part, any of the obligations if the non-fulfilment of that obligation was caused by a force majeure event, on the basis of the contract.
9.2. The Party or the legal representative of the Party invoking the above-mentioned event will notify the other immediately and thoroughly, of its production and take any measures available to it in order to limit the consequences of that event.
9.3. The party or legal representative of the party claiming the above-mentioned event is exempted from this obligation only if the event prevents it from carrying it out.
9.4. If within 15 days of its occurrence that event does not cease, each party shall have the right to notify the other party of the termination of this contract without any one of them being able to claim the other damages.
9.5. The party invoking the force majeure event must prove the impossibility of performing the obligations within 30 days from the date of the event but within the limits of art. 9.3.
10.1. By using/visiting/viewing/etc. of the sites and/or any content sent by Divalo to its Member/Client, him by accessing and/or sending by any means (electronic, telephone, etc.), agrees at least with provisions of the Terms and Conditions.
10.2. Any dispute relating to these Terms and Conditions that may arise between the Member/Client and Divalo will be settled amicably, with all due diligence.
10.3. Any dispute of any kind that may occur between the Member and Divalo or its partners will be settled amicably. If this is not possible, the conflict will be settled by the competent court at Divalo's headquarters in accordance with the applicable Romanian laws.
10.4. If any of the above clauses are found to be null or void, irrespective of the cause, this clause will not affect the validity of the other provisions.
10.5. This document has been drafted and will be interpreted in accordance with Romanian law.
11. FINAL PROVISIONS
11.1. Divalo reserves the right to make any changes to these provisions, as well as any changes to its site/structure/service as well as any content without giving notice to the Member or Clients.
11.2. Subject to the Terms and Conditions, Divalo will not be held responsible for any errors occurring on the Site for any reason, including any changes, settings, etc., which are not made by the Site Administrator.
11.3. Divalo reserves the right to place advertising banners of any nature and/or links on any page of the site, in compliance with the applicable laws.