Welcome to www.divivere.com website (hereinafter the "Website").
1.1 The Website and its contents are designed, operated and administered by di Vivere Imports e.V.p. (hereinafter "di Vivere Imports e.V.p.", “we”, “us”, “our”) and Shopify.com.
1.2 Purchases made through the Website by customers in the United States are processed by Shopify.com.
1.3 The disclosure of contact information described above does not constitute consent to contact for purposes unrelated to the Website and/or Services or for unauthorized purposes, including, but not limited to, marketing.
2.1 The Services are generally not intended for persons under the age of eighteen (18) years (or age of majority of the individual's relevant country). If you are under this age, please do not view, use, register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you the Services.
3. Registration for, and Subscription to, Services
3.1 You may register for, or subscribe to, our Services as available from time to time on the Website.
3.2 When registering for, or subscribing to, Services you agree to provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and to prevent di Vivere Imports e.V.p. from inadvertently contacting third parties.
3.3 If you registered for a Service requiring prior authentication (e.g. Account, Wish list), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account or password. di Vivere Imports e.V.p. is authorized to rely upon any acts or communications it receives under your password as if such acts or communications have been made by you unless di Vivere Imports e.V.p. receives explicit prior notice otherwise.
4. Duration - Termination
4.1 Your registration for, or subscription to, one or more Services will be effective upon successful completion of the relevant process.
4.2 You may terminate your registration for, or subscription to, the Services at any time at your sole discretion by sending an e-mail email@example.com. We will send an email or other communication confirming your cancellation of your registration or subscription.
5. Electronic Services
5.1 Certain parts of the Services may require the Services to be provided through electronic communication channels, such as e-mail, text messages, or phone calls.
5.3 You may not use the Website or Services for any illegal or unauthorized purpose or utilize the Website or Services for any purpose in violation of the laws in your jurisdiction (including but not limited to copyright and intellectual property rights regulations). You may not use any hardware or software which may damage or interfere with the proper working of the Website and/or Services or to surreptitiously intercept any communications, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website or Services in any way.
6. Protection of industrial and intellectual property rights
8. Links to other sites and to the Website
8.1 This Website may contain links to other websites. di Vivere Imports e.V.p. has no control over such websites and, to the maximum extent permissible by applicable law, will not be responsible or liable for any content or anything else related to your accessing or use of any third party websites.
8.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by di Vivere Imports e.V.p. of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators. di Vivere Imports e.V.p. shall not be responsible for any losses, damages, or other liabilities incurred as a result of use of such sites.
8.3 You are not permitted to frame or “mirror” this Website or any of its Contents on any other website or to link to any part or section of the Website or its Contents, in whole or in part, without prior written consent of di Vivere Imports e.V.p.
9. Accuracy and Completeness of Information
9.1 This Website is solely for private, personal and non-commercial use, and the material on this Website is presented for informational and/or promotional purposes only. di Vivere Imports e.V.p. makes a reasonable effort to present accurate, complete and updated information on this site, but the information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information.
9.2 Unless otherwise specified, the Website and Service are intended to promote di Vivere Imports e.V.p. products and services available in the United States. The prices displayed on the Website and Services are quoted in U.S. Dollars.
9.3 The photographs and images of products included on the Website and Services have been portrayed as accurately as possible; however, the settings and specifications of the User's viewing device or display could affect the accuracy of the colors of products portrayed.
9.4 Some of the products displayed on the Website or Services are available only in specific retail locations in the United States, in certain foreign markets, and/or online through the Website. The quantities of these products may be limited and are subject to return or exchange in accordance with the terms and conditions set forth in the applicable return policy dependent upon the point of purchase.
9.5 The Website and/or Services may include a button or hyperlink labeled "Find in Store" when viewing a particular Product. Clicking on this link will present you with the option to provide location information so that the Website can display the availability of the selected Product in stores near the location specified. The availability information is updated as frequently as possible but, due to frequent store inventory changes, the availability information is not guaranteed to be accurate. In addition, Products identified as available may no longer be available when you visit the location specified. The in-store price of a Product may vary between stores and may be different from the online price for the same Product.
10. Exclusion of warranty
10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, ITS MATERIALS, CONTENTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DI VIVERE IMPORTS E.V.P. PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS MATERIALS, CONTENT, OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR)), THAT IT IS MERCHANTABLE, OR THAT IT IS SUITABLE FOR ANY PARTICULAR PURPOSES, AND EXPRESSLY DECLINES ANY SUCH WARRANTIES.
10.2 DI VIVERE IMPORTS E.V.P. WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER DI VIVERE IMPORTS E.V.P. CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND DI VIVERE IMPORTS E.V.P. MAKES NO WARRANTY, AND TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, DI VIVERE IMPORTS E.V.P. RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.
11. Limitation of liability
11.1 THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE VALID AND ENFORCEABLE IN THE STATE OF NEW JERSEY, USA, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW; HOWEVER, SOME OTHER JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
11.2 YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.
11.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE LIMITATIONS SET FORTH IN SECTION 11.4, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
13. Applicable Law and Construction; Jurisdiction; Arbitration
In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.
13.2 The headings used in this agreement are for reference purposes only and do not have contractual or binding effect.
13.4 The terms and conditions set forth herein constitute the entire agreement and understanding between the User and di Vivere Imports e.V.p. with respect to the subject matter set forth in the Website and/or Services and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Website and/or Services, including but not limited to any statements of policy or answers to frequently asked questions.
15. Notice and Takedown Procedures
15.1 If you believe any Submissions accessible on or from the Website infringes your copyright, you may request removal of those materials (or access thereto) from this Website by contacting di Vivere Imports e.V.p. (address identified below) and providing the following information:
(i) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(ii) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
(iii) Your name, address, telephone number, and (if available) email address.
(iv) A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
(v) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.
15.2 Our email address for copyright issues relating to this Website is firstname.lastname@example.org.
15.3 In an effort to protect the rights of copyright owners, di Vivere Imports e.V.p. maintains a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.