Terms

Welcome to Diva moda website. These are the legal terms and conditions under which We supply the products (“Products”) listed on our website www.divamoda.ie (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. Using our site indicates that you accept these terms and conditions together with our  Privacy Policy to govern Diva Moda's relationship with you in relation to this website. If you do not agree with any of these terms, you are prohibited from using or accessing this site. 

The term 'you' refers to the user or viewer of our website.The term 'Diva Moda' or 'us' or 'we' refers to the owner of the website.

1. Information about us

Diva Moda is an online fashion store before know as Chetee since 2016  registered in Republic of Ireland our business registration number is 564475  refers to the owner of the website whose registered office is Roselawn lodge, Rathass, Tralee, V92 DK64, Kerry, Ireland.

​We sell women's clothing to consumers in IRELAND, UK & EU, US

2.   In order to contract with Diva Moda,  

You may only purchase Products from us if: 

• you are legally capable of entering into a binding contract with us (for example, in Ireland and England  you must be at least 18 years old);
• you are an authorised user of the credit or debit card used to pay for your order; and,
• are resident in a country that we deliver to (please see our “Shipping & Returns Policy” page   here  for further information).

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3. Governing Law

Any claim relating to Diva Moda website shall be governed by the laws of the Republic of Ireland without regard to its conflict of law provisions.

4. Payments

•  We use Stripe and PayPal as our payment providers for online transactions at divamoda.ie.
• We accept all major credit cards (Visa, MasterCard, American Express  ....) and PayPal payments.
• Their payment system uses Secure Socket Layer (SSL) technology. (This encrypts and protects the data you send to us over the internet.)
• We do not hold your credit card details on the website or on our customer database. All credit card holders are subject to validation checks and authorisation by the card issuer.

Stripe: 

• Stripe processes transactions on its own network.means no sensitive data actually touches our divamoda.ie.
• Stripe has automatically implemented several layers of protection specifically designed for Web-based financial transactions.
• For instance, Stripe's client libraries and mobile API meet such industry standards as PCI-DSS requirements, so you're always compliant.
• Stripe is also certified as PCI Service Provider Level 1, the highest level of security certification for the payment card industry, the most stringent level of certification available.
• You can confirm their certification in Visa's registry of service providers.
• Stripe is also a participant in the PCI Security Standards Council. 

PayPal:

• When you use PayPal Secured Payment then PayPal carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction.
• Goods will not be dispatched until this pre-authorisation check has been completed.
• Your card will be debited once the order has been accepted.

Read more in our Privacy Policy

5. Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland Ireland and subject to any delays resulting from postal delays or for uncontrollable forces which we will not be responsible. Please see our Shipping and Returns Policy for further information.

6.Availability

Availability:

Please note that Items are subject to availability.

• As there is a delay between the time when the order is placed and the time when the order is processed, the stock position relating to particular items may change.
• If an Item becomes out of stock we will notify you as soon as possible and you will be refunded where we have already taken payment.
• We reserve the right to refuse an order for example if the Item you have ordered is unavailable or out of stock,
• if we are unable to obtain authorization of payment,
• if there is an error in the product information including price or promotion or if we suspect fraudulent activity.
• If we are unable to supply you with an Item in these circumstances we will inform you of this by e-mail.
• If you have already paid for the Items, we will refund you the full amount including any delivery costs charged as soon as possible.

7.Our Contract:

• Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
• As soon as you place your order, we start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products see Returns & Shipping Policy 
• A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you.
• Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

8. Delivery:

• Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation ,  When you order before 2PM  your goods will be shipped same working day, all orders made after 2PM will be dispatched next working day. 
• all products are delivered via GLS Ireland
• Standard Delivery usually takes 1-2 working days )  depending on Delivery type which you choose   
• If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, after three failed attempts
• Delivery of your order will be complete when We deliver the Products to the address you gave us and the Products will be your responsibility from that time.
• You will own the Products once We have received payment in full.

9.Items on site:

• The images of the Items on the Sites are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the color of the Items. Your Items may vary slightly from those images.
• All sizes and measurements of Items are approximate, however we do make every effort to ensure they are accurate as possible.
• We take all reasonable care to ensure that all details, descriptions and prices of Items are as accurate as possible. We reserve the right to refuse orders where information about Items has been miss-published, including without limitation prices and promotions.
• All our Items are sold on the basis that they are suitable for domestic use only. Please contact us for further information if you intend using any Items in a business or public environment.
• Prices for Items may change from time to time without notice. However, these changes will not affect orders that have already been dispatched.
• The price of an Item includes VAT (or similar sales tax) (where applicable) at the prevailing rate for which we are responsible as a seller.
• Please note that the prices listed on the Sites are only applicable for Items purchased on the Sites and not through any other source.
• The price of an Item does not include delivery and returns charges. You will be provided with details of our delivery charges during the order process. You can also see our delivery options and charges on our Delivery Details. You can get information about charges for returning items on our return and delivery descriptions.

10. Your right to cancel a contract :

• If you are a consumer in the European Economic Area (“EEA”), you have a legal right to cancel a Contract if you change your mind until 14 days after you receive (or someone you nominate receives) the Products, unless the Products are split into several deliveries over different days in which case you will have until 14 days after the day you receive (or someone you nominate receives) the last delivery.
• If you wish to cancel a Contract, you just need to communicate this to us within the timescale set out, The easiest way to do this is to contact us by email at service@divamoda.ie 
• If you're in time frame of 14 days or 7 days  - Just send the item to us at Diva Moda, Roselawn lodge, Rathass, Tralee, V92 DK64, Kerry, Ireland
• We'll make a refund of full priced item  after receiving  refunded item from you to us   excluding delivery charge, in accordance with the distance selling regulations. Items must be returned with all original tags still attached and in original packaging. We do not accept returned Items that have been soiled, damaged or smell of smoke or any other odour. Items will be returned to sender immediately.
• ​All sale, discounted or promotional items must be returned  within 7 days   from your order date.
• A refund will only be guaranteed if the item is returned within the time frames stated above, starting from the date on your delivery note (invoice from us )
• Any items received after this date will be sent back to the original delivery address
• You must return your invoice with note (why you're returning an item) with your  item so we can trace your order and issue your refund
• The cost of returning the item to us is your responsibility unless the item is faulty 
• Please allow up to 10 working days after we receive the goods for the refund to be credited to your bank account.

11. Faulty products:

Contact us on our FB page (  https://www.facebook.com/Divamoda.ie​ ),  INSTAGRAM: ( https://www.instagram.com/divamoda_ie ) or on email address service@divamoda.ie  with a picture of faulty item.

If you have received a faulty item or an incorrect order we will refund postage costs up to a maximum of the postage price you originally paid on your order (€4.50 for IE to €28.99  for EU ) . We cannot refund you more than €4.50  to  €28.99  postage for faulty items returned to us.

12. Our rights to cancel contract (order)

We may end the Contract at any time by writing to you if:

• you do not make any payment to us when it is due;
• you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
• you do not, within a reasonable time, allow us to deliver the Products to you.
• when the product is faulty or out of stock, in that case order will be canceled and money will be refunded back to your account.

13. Our Liability:

• If We fail to comply with these terms and conditions, We are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and you knew it might happen.
• We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, We will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
• We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which We may not exclude or limit our liability under any applicable law.

14. Events outside our control:

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control.
• If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, We will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
• You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 14 please contact us  at service@divamoda.ie

15. Other Important terms:

• Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
• If We have to contact you, We will do so by in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. When We refer in these terms and conditions to “in writing”, this includes e-mail.
• We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order.
• We may transfer our rights and obligations under the Contract to another organization. We will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract.
• You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
• The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
• Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
• If We fail to insist that you perform any of your obligations under these terms and conditions, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
• Please note that these terms and conditions are governed by Irish law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by Irish law, except that if you are not resident in Ireland then Ireland law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
• In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of Ireland, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of Ireland.

16. COPYRIGHT

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

We amend these Terms from time to time. Every time you wish to order Items, please check these Terms to ensure you understand the terms which will apply at that time.

We reserve the right to amend these Terms from time to time. These Terms were most recently updated on 01/01/2023

This website and its content is copyright of Diva Moda - © Diva Moda 2023. All rights reserved.