Terms and Conditions

Last Modified: August 22, 2022

Acceptance of the Terms of Use

These terms of use are entered into by and between you and DAVINES NORTH AMERICA INC. (the “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of us.davines.com, including but not limited to any content, User Contributions (as defined below) published, functionality, and services offered on or through us.davines.com, social media pages, applications and other online services accessible through desktop, laptop, tablets and mobile Web browsers (collectively, the “Sites”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you using the Sites, tagging us or using our brand hashtags and other social media tools. By using any of the Sites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (found at https://us.davines.com/pages/privacy-policy, incorporated herein by reference). If you do not want to agree to these Terms of Use, you must not access or use the Sites, tag us or use our hashtags in any social media platform.

If you are below the age of consent under the applicable law, then your parent or legal guardian must read and accept these Terms of Use in your name and on your behalf.  You represent and warrant that you are at least sixteen (16) years of age. If you are under age 16, you may not, under any circumstances or for any reason, use the Sites, tag us or use our hashtags in any social media platform.

The Sites are offered and available to users who reside in the United States of America or any of its territories or possessions and who are able and legally competent to agree and comply with these Terms of Use.  By using any of the Sites, tagging us or using our hashtags in any social media platform, you represent and warrant that you meet all of the eligibility requirements hereunder. We may, in our sole discretion, change our eligibility criteria at any time.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. Your continued use of any of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Sites and Account Security

We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any of the Sites are totally or partially unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entire Sites, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Sites. Furthermore, you shall ensure that all persons who access the Sites through your internet connection are aware of these Terms of Use and comply with them.  You are responsible for complying with the terms of use of the respective social media platforms that you are using to tag us or other social media tools.

To access the Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. You shall not: (1) select or use as a username a name of another person with the intent to impersonate that person; (2) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (3) use as a username a name that is otherwise offensive, vulgar or obscene. You may never use another person’s account or registration information for the Site without permission.  You agree that all information you provide to register with the Sites or otherwise, including, but not limited to, through the use of any interactive features on the Sites, is governed by our Privacy Policy [https://us.davines.com/pages/privacy-policy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Sites for your personal, non-commercial use only. You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Sites, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• With respect to social media features that we provide, you may take such actions as are enabled by such features.

You must not:

• delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites;
• access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any of the Sites in breach of these Terms of Use, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, any trademarks and service marks used or displayed on the Sites and all related names, logos, product and service names, designs, and slogans (collectively, the “Marks”) are trademarks of the Company, its affiliates or licensors. You must not use the Marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.

Prohibited Uses

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (set forth below).
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm the Company or users of the Sites, or expose them to liability.

Additionally, you agree not to:

• Use the Sites in any manner that could disable, overburden, damage, or impair any of the Sites or interfere with any other party's use of the Sites, including their ability to engage in real time activities through the Sites.
• Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
• Use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Sites.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server or servers on which the Sites are stored, or any server, computer, or database connected to the Sites.
• Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Sites.

User Contributions

The Sites may contain blogs, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “Site User Content”) on or through the Sites.

The Sites may also pull content from our users who share photos and videos on our social media pages (including but not limited to Facebook, Instagram, TikTok  and Pinterest), using our brand hashtags or other social media tools, including without limitation #davinesnorthamerica, #createdwithdavines, #donewithdavines, #davines or tagging @davinesnorthamerica (collectively, the “Images”) together with other information you may have included or are associated with your Images (including but not limited to your social media handle, social media, username, and profile picture, (together with the Images, the “Social Media User Content”).  The Site User Content and Social Media User Content are hereinafter referred to collectively as “User Contributions”.

All User Contributions must comply with the Content Standards (set forth below).

ANY USER CONTRIBUTION WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY. By providing or uploading any User Contribution on the Sites and/or social media platforms, you (i) grant us and our affiliates and service providers, and each of our and their respective successors and assigns, the right and a nonexclusive, worldwide, royalty free, fully paid up, transferrable, sub-licensable, perpetual and irrevocable license to reproduce, modify, perform, publish, adapt, display, distribute, create derivative works, disclose to third parties, and/or otherwise use such User Contribution, in whole or in part, without any compensation and for any purpose, in any media, including but not limited to on the Sites, social media pages and other digital media, newsletters, print materials, in-store materials, television and other broadcast media, for our marketing and/or advertising; and (ii) except where prohibited by applicable law, waive and agree not to assert any rights including but not limited to copyrights or “moral” rights or claims resulting from our reproduction, modification, performance, publication, adaptation, display, distribution, creation of derivative works, disclosure to third parties, and/or use of such User Contribution.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right or permission from any person(s) appearing in the User Contributions to grant the license granted above to us and our affiliates and service providers and each of our and their respective successors and assigns without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
• Your User Contributions represent a true and accurate expression of your honest belief based on use of our products and that you have and will disclose receipt of any free product or incentives in exchange for providing such User Contributions, as applicable.
• All of your User Contributions do and will comply with these Terms of Use and the applicable terms of use of the respective social media platforms where you posted your Social Media User Content.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and that you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Sites.

 

Reviews:

• We use your product purchase information to send emails requesting product reviews via copy, image, or video, in exchange for an incentive to you, the customer. 
• We ask, but do not require, personal information on the reviewer.
• By accepting terms & conditions, when leaving a review or a photo/video review on Davines (us.dsvines.com), you agree to the data collection and processing of personal information.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards (set forth below), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
• Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY OF THE FOREGOING PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Sites or our social media pages, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These standards (these “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Release

You hereby release, waive, acquit, hold harmless and forever discharge us, including our affiliates and service providers, each of our respective successors and assigns, from any and all claims, demands, liabilities, causes of action, lawsuits, proceedings, judgments, contracts, debts, expenses, liabilities, obligations, damages (including, without limitation, actual, consequential, and punitive), losses, penalties, costs (including cost of suit and attorneys’ fees) and allegations of any kind and character whatsoever belonging to you, whether legal, contractual, statutory, or equitable in nature, known or unknown, suspected or unsuspected, foreseen or unforeseen, asserted or unasserted, direct or indirect, absolute, fixed, or contingent, related to the User Contributions.

CopyrightPolicy

If you believe that any User Contributions violate your copyright, please send a notice (a “DMCA Notice”) of copyright infringement to our Digital Millennium Copyright Act (“DMCA”) agent below:

Davines Customer Service Department

Davines North America, Inc.

61 North 11th Street, 2nd Fl, Brooklyn, NY 11249

212-924-3648

contact@davines.us

 

Your notice must include substantially the following:

 

• Your physical or electronic signature.
• Identification of the copyrighted work on the Sites you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

If you believe that material you posted on the Sites was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “DMCA Counter Notice”) by submitting written notification to our DMCA agent.

 

The Counter Notice must include substantially the following:

 

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided the Sites with the complaint at issue.

 

If you fail to comply with all of the above requirements, your DMCA Notice or DMCA Counter Notice may not be effective.

 

Please be aware that if you knowingly materially misrepresent that material or activity on the Sites was (i) removed or disabled by mistake or misidentification, or (ii) infringing on your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.

It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.

The Sites may include content provided by third parties, including materials provided by other users, bloggers, licensors or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content specifically provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

SMS Service (Mobile Text Messaging)

We use and operate a mobile message service that provides our customers and potential customers with updates, alerts, information, promotions, specials and other marketing offers (e.g., cart reminders) via text messaging (“SMS Service”).  We may modify or cancel the SMS Service or any of its features without notice. By providing us with your mobile phone number on a form on the Site or at account registration and clicking on the box indicating your express consent and acceptance of these Terms of Use and Privacy Policy (1) you represent that you own the phone number that you provided, (2) you expressly consent to receive text messages from us or any Company affiliate to the mobile phone number that you provide, (3) you expressly consent that we may send you autodialed marketing text messages and other text messages using any technology, including, without limitation, automatic telephone dialing systems and (4) you agree to these Terms of Use and our Privacy Policy and, including but not limited to the terms of the SMS Service set forth hereunder and (5) you acknowledge and agree that all communications that we provide you and you provide us electronically (including your consent by clicking a box or sending us a response by text message) satisfy the legal requirement that such communications would satisfy if it were to be in writing. Your consent to receive marketing or advertising messages via an automatic telephone dialing system is not a condition of purchase. Message frequency varies.

After you have provided your mobile phone number on the Site, you will receive a one-time opt-in message asking you to send “YES” to subscribe to the SMS Service. If you reply with a “YES”, you explicitly consent to receiving subsequent text messages from us, our affiliates and/or our service providers and acknowledge and agree that our Privacy Policy, these Terms of Use including but not limited to the terms of the SMS Service shall apply to all such subsequent text messages. You may opt out of the SMS Service at any time by texting the single keyword command STOP to the applicable short code, or mobile phone number. [You may receive a final confirmation message to confirm that you will no longer receive text messages from the applicable text message program unless you opt back into such program]. We may change any short code or phone number we use to operate the SMS Service at any time and will notify you of these changes. You acknowledge that our program platforms may not recognize and respond to unsubscribe requests that do not include the STOP keyword command or that we may not receive STOP and HELP requests you send to a short code or telephone number that we have changed. You agree that we, our affiliates and our service providers will have no liability for failing to honor such requests. Some of our text messaging services have additional terms and conditions that will apply in addition to the description herein.

The wireless carriers which support the SMS Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile phone number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of text messages, including, without limitation, notifying us immediately if you change your mobile phone number.

Without limiting the generality of the indemnification provisions under “Indemnification” below, you agree to indemnify, defend, and hold us harmless from any Losses (as defined below) including but not limited to penalties from government authorities arising from your use of the SMS Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Service.

We may modify the terms that apply to the SMS Service at any time and your continued use of the SMS Service following the effective date of any such change shall constitute your acceptance of such changes.  We do not charge for the SMS Service but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. We do not assume responsibility for charges by your wireless provider that you may incur when you sign up to receive text messages from us. Message and data rates may apply.

If you have subscribed to other Davines North America mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For SMS Service support or assistance, text HELP to contact Customer Care or email contact@davines.us.

All other terms of our Privacy Policy and these Terms of Use shall apply to your use of the SMS Service.

Email Marketing:

• Pixels Within Emails: To ensure that you receive messages that you’ll love to receive, are relevant to you and personalized to your interests and shopping experiences, we add a pixel to our emails which helps us understand behaviors and personalize our campaigns. The pixel is a small piece of code - literally, a 1x1 pixel - which gives us insights into what you do with our emails, such as if it is delivered to your inbox, if you open it, mark it as spam or unsubscribe; if you click through to our website or offer. Additionally, it tells us the type of device you use to open the email, where you are in the case of open or click (by IP address and ‘best estimate’ geo location based on that IP). By having these insights, it helps us deliver, what we hope, to be meaningful, engaging and exactly the type of emails you hope to receive from us and when you want to receive them.
• Cookies: You will see that we use an Ometria cookie, which helps us understand your activity on our website and which of our products you are most interested in. Amongst others, the cookie sends us information about where you are when viewing our site, how long you visited our site, including which pages you land on and leave, the products and categories you viewed on each visit and the type of device and browser used. The cookie is persistent and has a one year time limit, renewed each time you interact with us. So, if you first visit us on 01/02 the cookie will persist until 31/01 in the following year. However, if you subsequently visit us on 01/06, the cookie will then persist until 31/05 in the following year.
• Profiling Data: The information from email pixels, cookies and your purchase history are brought together to give us a unified customer view. When we look at all of our customers we can better understand what they would like to receive from us: for instance birthday well wishes, emails at the beginning of the day rather than in the evening, sales offers, along with insights that help us plan stock control, designs or brands we may hold. Our aim is to ensure that we carry goods that are relevant to our customers and you love to hear from us when we send you messages. By having a unified customer view we endeavor to offer you a personalized shopping experience. We do this by using data brought together by Ometria’s customer data platform. For instance: if we know a group of our customers want to hear about our latest products we store that preference and make sure they receive an email when we launch a new season’s goods; or if we have special offers for loyal customers (e.g. VIPs) we will send those offers only to that group of customers. 

Our aim is always for you to have a fabulous experience with us and we work hard to make sure that our analysis and use of your data are in harmony with your expectations. We regularly review the information we hold to ensure that it is relevant and accurate.

Changes to the Sites

We may update the content on the Sites from time to time, but their content is not necessarily complete or up-to-date. Any of the materials on the Sites may be out of date at any given time, and we are under no obligation to update such materials.

Information About You and Your Visits to the Sites

All information we collect on the Sites and our social media pages (as set forth above) is subject to our Privacy Policy [https://us.davines.com/pages/privacy-policy]. By using any of the Sites, tagging us, using or interacting with our hashtags or our other social media tools, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Linking to the Sites and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part, without our prior written consent.

The Sites may (but we are not obligated to) provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Sites.
• Send emails or other communications with certain content, or links to certain content, on the Sites.
• Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards (set forth above).

WE MAY DISABLE ALL OR ANY SOCIAL MEDIA FEATURES AND ANY LINKS AT ANY TIME WITHOUT NOTICE IN OUR DISCRETION.

Links from the Sites

If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We provide the Sites for use only by persons located in the United States of America and any of its territories and possession. We make no claims that the Sites or any of their contents are accessible or appropriate outside of the United States of America.

Online Purchases

All purchases through the Sites or other transactions for the sale of goods formed through any of the Sites, or resulting from visits made by you, are governed by our Terms and Condition of Sale [https://us.davines.com/pages/termini-e-condizioni], which are hereby incorporated into these Terms of Use.

We offer Klarna as an installment payment provider. To learn more about Klarna's terms & conditions, please visit here: https://www.klarna.com/us/legal

Disclaimer of Warranties

We cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER(S) THAT MAKE(S) THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Compliance with Applicable Laws

You are solely responsible for ensuring compliance with all applicable laws, rules and regulations of your specific jurisdiction.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (i) your violation of these Terms of Use, (ii) your use of the Sites, including but not limited to any use of the Sites’ content and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Sites; and (iii) your User Contributions, including, but not limited to our use thereof.

Governing Law and Jurisdiction

All matters relating to the Sites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sites shall be instituted exclusively in a court of competent jurisdiction in the State of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES.

Waiver, Severability, Assignment

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

You may not assign any right or interest under these Terms of Use or delegate any other obligation arising hereunder without our prior written consent. Any attempted assignment shall be null and void.  We may assign our rights and/or delegate our obligations under these Terms of Use at any time.

Entire Agreement

These Terms of Use, including our Privacy Policy and the Terms and Condition of Sale, constitute the sole and entire agreement between you and the Company regarding the Sites and your User Contributions and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites and your User Contributions, unless otherwise agreed to in a separate written agreement between you and us with respect to your User Contributions (a “User Contributions Agreement”).  In the event of conflict between these Terms of Use and any User Contributions Agreement, the terms of the User Contributions Agreement shall prevail.

Your Comments and Concerns

The Sites are operated by:

 

Davines North America, Inc.

61 North 11th Street, 2^nd Fl, Brooklyn, NY 11249

All notices of copyright infringement claims should be sent to our DMCA agent as set forth above (see Section “Copyright Policy”)

All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: contact@davines.us