Terms of Use

Welcome to www.divivere.com website (hereinafter the "Website"). 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER THE "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE. 

The Terms of Use govern the access to, and use of, the Website and the content and services available through the Website (“Services”).  

Use of the Website and of the Services constitutes your full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Privacy Policy referred to in Section 14 (below) and any other additional terms, conditions, or policies referenced herein and/or available by hyperlink, and of their relevant mandatory nature. These Terms of Use shall apply to all users of the site, including without limitation vendors, customers, merchants, and/or contributors. When registering to use the Website and the Services, you will be asked to agree to be bound by these Terms of Use. You are only authorized to use the Website and the Services if you agree to abide by all applicable laws and the terms of these Terms of Use and you indicate your acceptance during the registration, or subscription, process. If these Terms of Use are construed as an offer, acceptance is limited expressly to these Terms of Use. If you (hereinafter, also “User”) do not agree to be bound by these Terms of Use and to follow all applicable laws, you may not use the Website or the Services. By use of the Website and/or Services, User hereby consents to the admissibility of a printed copy of these Terms of Use in any judicial, administrative, or other proceeding based on or relating to the Website, Services, or the use thereof, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

di Vivere Imports e.V.p. reserves the right, at its sole discretion, to modify these Terms of Use from time to time, in which case we will post the revised Terms of Use on this Website. Please consult these Terms of Use regularly. The use of the Website and the Services after such modifications constitutes your full acceptance of the then-current Terms of Use. If you do not agree with the Terms of Use at any time, you may not continue to use the Website or the Services. 


1. Imprint 

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. Age 

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 toinfo@divereusa.com. We will send an email or other communication confirming your cancellation of your registration or subscription. 

4.3 Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, di Vivere Imports e.V.p. will be immediately entitled, at its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services. di Vivere Imports e.V.p. will notify you about the termination or suspension, as applicable, by e-mail or postal mail and your credentials, if any, will be deactivated. Termination of your access or use will not waive or affect any other right or relief to which di Vivere Imports e.V.p. may be entitled, at law or in equity. The obligations and liabilities of the parties incurred prior to termination shall survive the termination for all purposes. 


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. 

5.2 By providing us with your email address and/or telephone number, you agree that we may contact you regarding the Services (including for promotional or marketing purposes) by e-mail, text message or phone, as appropriate, and you acknowledge that use of mobile voice or data services may result in charges imposed on you by your network provider and that you will be responsible for such charges. Please see di Vivere Imports e.V.p.’s Privacy Policy for more information about how we may contact you and your rights and options regarding our use of your contact information.  

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 

6.1 The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, trade dress, logos, software for design, implementation and use of the Website, layout, structure and organization of the content of the Website, the collection and organization of data and information, video clips, musical compositions, audio clips, designs, devices, or any other material (collectively, “Contents”) is protected under domestic and foreign intellectual property laws. di Vivere Imports e.V.p. owns all rights and/or license in and to the Contents. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, trade dress, patent and other laws. You understand and agree that, except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, or created into derivative works in any form or by any means without the prior written permission from di Vivere Imports e.V.p.. Any special rules for the use of other items provided on the Website may be included elsewhere within the Website and are herein incorporated into these Terms of Use by reference. The use of the Contents on any other website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to di Vivere Imports e.V.p.  


7. Submissions 

7.1 Any ideas, suggestions, information, know-how, material, or any other content received by us from you or others through this Website, or through other forms of communication such as mail or email (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. You are solely responsible for your Submissions, the consequences of making Submissions, and your reliance on any Submissions. di Vivere Imports e.V.p. is not responsible for the consequences of any Submissions. You declare and warrant that the Submissions do not violate any rights of third parties arising from the law or by contract, including, but not limited to, the rights related to the author, trademarks, patents, trade secrets, copyright, confidentiality and any other proprietary or personal rights. To the maximum extent permissible by applicable law, di Vivere Imports e.V.p. assumes no voluntary obligation for screening or monitoring Submissions made to this Website by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, di Vivere Imports e.V.p. may investigate the allegation and determine in good faith and its sole discretion to the maximum extent permissible by applicable law whether to remove such Submissions. To the maximum extent permissible by applicable law, di Vivere Imports e.V.p. assumes no liability or responsibility to users for performance or nonperformance of such activities. di Vivere Imports e.V.p. may, but will not be obligated to, use and/or provide any author attributions related to any Submissions.  


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.  

11.4 NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT (I) OUR LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE; (II) OUR LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.  


12. Indemnity 

12.1 To the maximum extent permitted by applicable law and subject to the limitations set forth in Section 11.4, you agree to indemnify and hold di Vivere Imports e.V.p., and each of its parents, subsidiaries and affiliates, and their respective officers, directors, shareholders, legal representatives, attorneys, agents, partners, employees and successors and assigns, harmless from and against any damage, loss, liability, claim, demand, cost or expense (including reasonable attorneys' and professionals’ fees and court costs) arising out of or relating to any Submissions you make to us, or any breach by you of these Terms of Use.  


13. Applicable Law and Construction; Jurisdiction; Arbitration 

13.1 To the maximum extent permissible by applicable law, these Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with the laws of the State of Massachusetts, USA (without regard to its conflict of law provisions).

To the maximum extent permissible by applicable law, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising out of or relating to these Terms of Use or the breach, termination or validity thereof, and/or the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF DI VIVERE IMPORTS E.V.P., EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their disputes by an independent arbitrator, rather than by a judge and jury. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the State of Massachusetts. If arbitration is chosen by di Vivere Imports e.V.p. with respect to a Claim, neither di Vivere Imports e.V.p. nor User will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, to the fullest extent permissible by applicable law, User will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms of Use, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of Massachusetts. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). To the maximum extent permissible by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential.  

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. 

13.3 If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these Terms of Use will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision. 

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. 

13.5 di Vivere Imports e.V.p.’s waiver of any provision of these Terms of Use, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect to these Terms of Use will not operate to excuse performance or waive any such right to require strict performance at any future time.  


14. Privacy 

14.1 By using the Website or the Services, or by uploading or providing any personal information to di Vivere Imports e.V.p., you agree to the terms of our Privacy Policy, which explains how di Vivere Imports e.V.p. treats your personal information and protects your privacy when you use the Website and the Services. Please read the Privacy Policy carefully. 


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 info@divivereusa.com.


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.