General Terms and Conditions
The website hosted at www.divabomb.com is a website of distance selling. The customer acknowledges having read, at the time of ordering, the general conditions of sale set out below and accept them without reservation.
These general conditions of sale may be subject to changed at any time with modifications of the appearance of our site. The changes will then apply to all subsequent orders. You are therefore advised to refer regularly to the latest version of our General Conditions of Sale. French and English are the two languages offered to conclude the contract. The product offers presented on the site are valid only for deliveries in France and Europe. The products are presented according to official regulations and accurately possible. For other countries, we can deliver orders under certain conditions. These will be decided on case-by-case basis.
1 PRODUCT DESCRIPTION
The essential features of the product are shown in the "product page" generally containing a photo of the product and describing its features. The photographs illustrating the text with the product do not enter into the contract. Thus, if errors occur, in no event shall DIVABOMB be held liable. The detail of the product is the sole source contract. DIVABOMB can change without notice the technical composition of product references. DIVABOMB is entitled at any time to update, improve or remove files from the sale, its products, and accessories. It is your responsibility if you do not feel competent enough, to be assisted by counsel. You can contact DIVABOMB for additional information on the products presented via the "Customer Service" from our site.
2 PRODUCT CONFORMITY
The perfect representation of Products on the Website and / or in the catalogues cannot be guaranteed, particularly given the differences in color rendering by Internet browsers and / or display monitors, DIVABOMB cannot be held responsible for the inaccurate representation of the Site.
3 PRODUCT AVAILABILITY
We will respond to your order while stock is available or subject to availability. When ordering, please be advised of the availability of products you wish to purchase. However, if despite our vigilance, the products proved to be unavailable after your order, we will inform you and invite you to cancel or change your order. In case of error in the address of the recipient, DIVABOMB will not be held responsible for failure to deliver the product. For lead-time replenishment of a product please contact us.
Effectiveness of the contract
To purchase on our website DivaBomb.com and create a contract, you must:
- provide us with the necessary information like your real name, information regarding your payment as the billing address, shipping address if different from the billing address, email address and a phone number.
- Be over 18 years
For reasons of eliminating fraud, DivaBomb reserves the right to accept the sale, ask for proof of your identity and place of residence, and the payment method used. In this case, the processing of your order will be processed after the receipt of these documents. We reserve the right to cancel your order if you receive these documents and receipt of documents deemed non-compliant. The amount is credited within 24 hours to 48 hours working and your order will be processed upon receipt.
Steps for effecting control
At the first order via the Internet, new customers must create a "Client Account", an identifier ("login") and a password will be requested. At each checkout, you will be directed to your account via a connection secure recalling the contents of your order. Your order will only be definitively after the various intelligence information and final validation. When you save the order by selecting a mode of settlement, the sale is considered concluded (agreement on the goods and the price). The inclusion of your order is confirmed by sending an email automatically generated by our website to the email address when creating the account. The flow of the sum is made as of the order if it will be confirmed. We strongly recommend that you keep ALL emails about your order and your contract.
Data protection and privacy
Cancellation of the order
The order placed on our site is automatically canceled if the payment is received. In the case of a payment by credit card, please contact us using the form on page "Customer Service", mentioning the name appearing on the billing control and order number. Until your order is being prepared logistics, you can cancel it. When the order is prepared, you refusing the package without opening it can do the cancellation, sent by DivaBomb. All change orders and all collateral or derogatory about the purpose and terms of sale are valid only insofar as they appear in the offer or confirmation by the seller.
At DivaBomb, the satisfaction of our customers is a priority and we aim to provide quality products. If however, you are not satisfied with your order, our customers have a withdrawal period of 7 days after the delivery of the order.
For exchange or refund, please contact us by mail or telephone to let us know and we will give you the procedure. You must return your items by post stating your details and your phone number and your desire for exchange or refund. (In case of exchange, the cost of returning the products is at our expense).
Any request for refund can be considered only after the arrival of returned DivaBomb in accordance with the procedure set back by phone or by mail. In case of return and refund request, the terms will be: the package is returned to the client's will:
if no exchange is requested, it must refund or credit the amount of the product only (the costs of shipping of the product by DivaBomb are not considered) and the cost of returning the product are the responsibility of the customer
in case of exchange, return costs are bear by the client but the exchanged item will be returned free by DivaBomb, subject to availability. If unavailable, there refund or credit (valid for one year from the date of issue). Refund / credit or exchange occurs within a maximum of 14 days from receipt of the returned item.
5 THE PRICE
The prices of our products are indicated in Euros all taxes, excluding shipping charges.
We reserve the right to change prices at any time, but we are committed to apply the current rates that were displayed at the time of your order.
For orders to countries other than France, you are the importer of the products concerned. Customs duties or other local taxes or import duties or State taxes may be payable depending on your country. These rights are not within our control. They are your responsibility and are your sole responsibility both in terms of returns and payments to the authorities and bodies in your country. We advise you about these issues with your local authorities.
Payment of the full price must be made when ordering by the purchaser. At no time, the payments cannot be regarded as a deposit or deposits. To set the order, the buyer has 3 methods of payment:
- Payment by the major credit cards (Blue, Visa, Eurocard, Mastercard): the customer is directed to a page of our 100% secure payment solution Payline to make the payment. Upon acceptance of payment, we automatically control and consideration of payment.
- Payment by bank transfer: the buyer directly transfers the sum to the bank account of the company. After having done, please send us by fax or scan the proof of bank transfer. Once the sum will be visible on our accounts (about 2 to 3 days), we record the order and consideration of payment.
- Payment via PayPal: please note that a commission is added to all Paypal
We use security techniques to process the personal information of our customers. Thanks to the certificate of secure transaction, you can order online securely. All credit card transactions are done directly on the site of the Paypal secure payment solution. Thus, you are assured that we will never have access to your bank.
Deliveries to mainland France, Monaco and Andorra are free (with any application specific Difficulties of access, will be an estimate and a special billing). For Overseas and International, shipping costs are calculated according to destination and weight.
DivaBomb chose the service Colissimo post office for its domestic and international shipments. Colissimo is sent within 48 hours maximum for metropolitan France, Monaco and Andorra and 4-8 days for Overseas and International.
Delivery is made either by direct delivery to the buyer, or by notice provision.
Delivery is made to the address you provided when ordering.
For payment, the order will be processed upon receipt and cashing it and the time run accordingly. Risks are your responsibility from the date on which the products ordered have left our premises.
All events, of whatever nature, beyond the control of DivaBomb such as major force, disaster, strikes, administrative decision or stoppage of transport, which would tend to delay, prevent and report the performance of the exorbitant supply, constitute an express agreement because of suspension or termination of obligations DivaBomb at will, without compensation to the customer.
Transport risks are bear by the customer, who must make a reasoned protest with the postal services or with the carrier within three working days after delivery.
In any event, any delay in delivery can result in damages, withholding or cancellation of orders.
Any item received defective or a defect can be returned to DIVABOMB after agreement of that number who will issue return merchandise. This number should be written on the outside of your package back, and it shall include the quantities and exact references for which you have obtained a return authorization.
All products must be returned in its original packaging, which allows one to transport the product in good condition, with tags, include the entire product and its accessories and if so be accompanied read the return number. Any product incomplete, damaged and / or whose original packaging has been damaged, will be returned or exchanged or refunded, except that these disorders are the carrier and the fact that the procedure of Article have been followed. Before accepting a refund of a product that only the original packaging is missing, DivaBomb you will be entitled to claim payment of the sum of € 10 to cover the cost of reconditioning parts whose packaging original would have disappeared or have been damaged with no proceedings have been initiated vis-à-vis the carrier. The sender must ensure the packaging and packing materials it sends. Upon receipt, defective items will be exchanged to the extent of available stocks. If the same items are no longer in stock, we will suggest other products or will reimburse. For any return of goods that have not been authorized to return, no exchange will be made and no credit will be issued. You must contact us first by phone or email before returning any goods.
9 INTELLECTUAL PROPERTY
The elements published on the Site including logos, trademarks, text, photographs, images, drawings, models or paintings are works protected by intellectual property rights or human rights. The reproduction or representation of all or part of this site is prohibited without the express prior consent of the holders of these rights and constitutes an infringement punishable by the provisions of the Code of Intellectual Property and / or a tort in nature to engage the civil rights of offenders above. Similarly, any attempt to divert or capture by any means the customer's site by unfair methods of generating maintaining a risk of confusion in the minds of consumers will be sanctioned under the unfair competition and sections 1382 and following Civil Code.
10 LIABILITY OF USERS
Navigation on the site www.divabomb.com is the sole responsibility of the users. DivaBomb not be held liable under failures, errors, computer viruses that could cause barriers to continuity of access to its website or under malfunctions in the computer installation users that could be recognized as a result of an access to the Site. It cannot therefore be liable in any direct or indirect that may be related to the use, access to the site or downloading materials stored on site.
11 LAW AND FREEDOM
The provisions for the protection of your personal data are subject to specific developments in a page on which you can view at: www.cnil.fr
12 FINAL Conditions
The French law governs this agreement. The application of the Vienna Convention on the International Sale of Goods is expressly excluded. FRESHMODE archive purchase orders and invoices on a reliable and durable as a true copy in accordance with the provisions of section 1348 of the Civil Code. The registers of FRESHMODE will be considered by the parties as proof of communications, orders, payments and other transactions between the parties, unless proved otherwise. The electronic signature made by the procedure of "double click" when placing the order and registration has value written between the parties. French law is applicable without dismissing the application, the rights granted to consumers’ legislative imperatives or a mandatory law more protective by the judge seized by a foreign country's consumer correspondent. If any provision or provisions of these Terms and Conditions had to be canceled or declared unlawful by a final court decision, such invalidity or illegality shall not affect other terms and provisions, which will continue to apply. All disputes relating to training, implementation and termination of contractual obligations between the parties that may result in a settlement will be submitted to the French courts. In case of dispute with professionals and / or traders, it will be subject to the jurisdiction of the Commercial Court of Annecy in whose jurisdiction the headquarters of the seller, regardless of the conditions of sale and the payment method accepted, even in cases of appeal or multiple defendants, the seller reserves the right to appeal the Court having territorial jurisdiction to which the headquarters of the buyer. The fact FRESHMODE not rely at some point in any provision hereof shall not assert waiver of these terms later.
At DivaBomb, the satisfaction of our customers is essential and we appreciate your comments.
For any complains, please contact our office by logging onto our website and by visiting the "Customer Service". All claims relating to defective goods delivered to an error in quantities or erroneous reference to their relation to the accepted bid or order confirmation by the seller, must be made to the vendor by registered mail within 2 working days of receipt of goods, not neglecting, if necessary and in accordance with Article.
This site is updated daily and if you have any suggestions to help us improve, thank you for letting us know.
Email: keisha.divabomb@ gmail.com
We thank you for your interest in DivaBomb.