Legal notice

Please read all sections of this Legal Notice before using this website.

The conditions set out below are binding on anyone who accesses or uses this site.

This Legal Notice is provided in compliance with the Electronic Commerce (EC Directive) Regulations 2002, the Companies Act 2006 and the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015, and sets out information about the operator of this website and the purpose of the content included on it.

IDENTIFICATION DETAILS

This Legal Notice governs the use of the website divainparfums.co.uk. The following details are provided:

Company name: DIVAIN TEAM LTD
Registered office: 19 The Circle, Queen Elizabeth Street, London SE1 2JE, United Kingdom
Registered in: England and Wales
VAT number: GB 408 600 225
Email: divain@divainparfums.com
Customer service hours: 08:30 to 19:30 (UK time)

TERMS OF USE AND USER OBLIGATIONS

You agree to use this website, and its content and services, in accordance with applicable law, generally accepted practice and public order.

Use of the website for unlawful purposes, or for purposes harmful to DIVAIN TEAM LTD or to third parties, or which may in any way damage, disable, overload or impair the normal operation of the site, is expressly prohibited.

DIVAIN TEAM LTD is committed to ensuring that the content and services offered through this website respect human dignity, the protection of young people and children, and non-discrimination on grounds of race, sex, religion, belief, nationality, disability or any other personal or social characteristic.

These terms of use do not grant you any intellectual property rights in the content of this website (information, audio and image files, photographs, designs and so on), which belongs to DIVAIN TEAM LTD or to duly authorised third parties.

Any reproduction, distribution, communication to the public, transformation or modification of that content is expressly prohibited without the prior written consent of the rights holders, except where permitted by law. DIVAIN TEAM LTD does not engage in misleading advertising. The following are prohibited:

  • Use of the content for any commercial or advertising purpose other than those expressly permitted.
  • Reproduction, publication, distribution or modification of the content, in whole or in part, without prior written authorisation from the rights holders or unless permitted by law.
  • Any infringement of intellectual property rights or third-party rights in the site's content.

INTELLECTUAL PROPERTY

DIVAIN intellectual property

All content on this website — including but not limited to text, images, photographs, designs, logos, distinctive signs, trade names, trade marks, models, designs, structures, source code, databases and software — is the exclusive property of DIVAIN or is duly licensed to it, and is protected by UK and international intellectual property law.

Reproduction, distribution, transformation, communication to the public, making available, extraction, re-utilisation or any other form of exploitation of that content, in whole or in part, without the prior express written authorisation of the rights holder is expressly prohibited. Access to this website does not imply any assignment, transfer, licence or waiver of rights. You may use this material only as expressly authorised by us or by those who licensed it to us. This does not prevent you from using the website to the extent necessary to copy information about your order or your contact details.

Third-party intellectual property

This website offers you a number of search functions. You can find a product by entering the DIVAIN product you are looking for as a search term, by selecting a fragrance through our olfactory families, and, where available, through price comparison tools. Our aim is to help our customers deepen their knowledge of fragrance and to identify, describe and freely choose the scents they prefer.

By using this website, you accept full responsibility if you type or enter third-party trade marks as search terms in any of our search functions. The appearance of a DIVAIN product in the results of such a search does not imply identity, exact reproduction, technical equivalence or objective correspondence with any third-party fragrance, nor does it constitute any warranty of an identical or equivalent user experience, nor any legal or commercial relationship of any kind with the brand you have entered.

Fragrances are products of an essentially sensory and subjective nature. Olfactory perception is not a technically objective characteristic that can be measured or verified against standardised parameters. The only objectively verifiable and directly comparable element between products is price.

Products sold under the DIVAIN brand are independent creations, developed with their own formulations, different ingredients and autonomous processes. They do not reproduce, and are not intended to reproduce, any composition, formula or know-how protected by third parties.

There is no commercial, corporate, contractual, licensing, sponsorship or other association whatsoever between DIVAIN fragrances and any third-party reference brands you may use as a search term. Those brands belong exclusively to their respective owners.

Where any comparison of objectively verifiable and representative features is made, our policy is intended to operate within the framework for permitted comparative advertising set out in Regulation 4 of the Business Protection from Misleading Marketing Regulations 2008, providing consumers with useful, non-misleading information enabling rational purchasing decisions, without creating any likelihood of confusion or association and without taking unfair advantage of the reputation of third-party trade marks.

Notice and complaints channel

If you or a third party consider that your intellectual property rights have been infringed by content on this website, please notify DIVAIN TEAM LTD stating:

  • The details of the holder of the rights alleged to be infringed, or, where the complaint is made by someone other than the rights holder, the capacity in which you are acting.
  • Identification of the content protected by the intellectual property rights and its location on the website, evidence of the rights relied upon, and an express statement in which you take responsibility for the accuracy of the information provided in the notification.

Notices should be sent to divain@divainparfums.com.

LINKS

This website contains links to other websites and to content owned by third parties.

Those links are provided solely to give you the option of accessing them. DIVAIN TEAM LTD accepts no responsibility for any consequences arising for you from accessing them.

If you wish to establish a link from your own website to this site, you must obtain prior written authorisation from DIVAIN TEAM LTD. The existence of a link does not imply any relationship between DIVAIN TEAM LTD and the owner of the linking site, nor any acceptance or approval by DIVAIN TEAM LTD of its content or services.

The linking website must not contain any trade mark, name, logo, slogan or other distinctive sign belonging to DIVAIN TEAM LTD, other than those expressly authorised.

CHANGES TO THIS NOTICE

DIVAIN TEAM LTD reserves the right to modify the presentation and configuration of this website, and this Legal Notice, at any time and without prior notice.

EXCLUSION OF WARRANTIES AND LIABILITY

DIVAIN TEAM LTD does not warrant the availability, continuity or correct functioning of this website, and accepts no liability for loss or damage of any kind arising from:

  • Any lack of availability, maintenance or effective operation of internet access services, or interruptions to the internet or any other cause beyond our reasonable control.
  • The presence of viruses or other malicious or harmful programs in the content.
  • Any unlawful, negligent or fraudulent use of the website, its services or its content by users, or any use contrary to these terms, to good faith, to generally accepted practice or to public order.

Nothing in this Legal Notice excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Nothing in this Legal Notice affects your statutory rights as a consumer.

PERSONAL DATA

DIVAIN TEAM LTD processes personal data in accordance with the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003. As set out in our Privacy Policy, available on this website, we have implemented appropriate technical and organisational measures to safeguard the data we process, to preserve its confidentiality and to prevent misuse, loss, alteration, unauthorised access or theft.

GOVERNING LAW AND JURISDICTION

This Legal Notice and any dispute or claim arising out of or in connection with it, this website or its subject matter (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales have exclusive jurisdiction. If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of your home jurisdiction, and nothing in this clause affects your statutory rights.

CONTACT

If you have any questions or comments about this Legal Notice, please contact divain@divainparfums.com or write to us at the registered address given above.