TERMS & CONDITIONS

Terms & Conditions

Terms and Conditions

These Terms and Conditions apply to all purchases and use of Products via the Divini Website. They also cover the use of Divini Accounts, and your use of this website www.divini.co.uk ("Divini Website"). You agree, by undertaking any of the above, to be bound by these Terms and Conditions and our Privacy Policy.

Divini offers Products for sale to customers for their personal and non-commercial use only. Divini reserves the right to not fulfil orders placed by non-consumers or individuals who fail to comply with these Terms and Conditions.

If you interact with the Divini Website and our UK social media, you agree to comply with our User Generated Content terms. If you purchase Products using the Click & Collect delivery method, our separate Click & Collect Terms apply in addition to these Terms and Conditions. If there is any conflict between these general Terms and Conditions and any other of our terms then these general Terms and Conditions will apply.

Placing an Order

To be able to buy Products you must:

read and accept these Terms and Conditions;
provide your name and address, phone number, email address, payment details and other required information;
provide an eligible delivery address in Great Britain or Northern Ireland (see below for further details);
be legally capable of entering into binding contracts; and
be the owner or authorised holder of a valid debit/credit card, gift card or Apple Pay account (see term 11 ’Returns and Refunds’) for details of the payment methods accepted on the Divini Website).

You may place an order by clicking on the "ADD TO BAG" button and proceeding to the checkout page.

At the checkout page you will be provided with an opportunity to review your order(s), read and accept these Terms and Conditions, check the total price of your order(s) and the information you have provided, and correct any input errors before confirming your order(s).

You must check and ensure that your delivery address is correct before placing your order as it may not be possible to change your address before the order is dispatched. Please see section 4 (Order Processing) below which deals with this in more detail.

The Divini Website currently ships to all addresses within Great Britain and Northern Ireland excluding hotels, hostels, prisons, P.O. Boxes and BFPO (British Forces Post Office) addresses. We do not currently deliver to Channel Islands.

Divini uses reasonable efforts to ensure the availability of Products you order from the Divini Website. However, Products are made available to purchase on a "first in-first out" basis and are only available while stocks last.

Order Processing and Contract Formation

Once you have submitted your order(s) using the Divini Website, Divini will send you an email acknowledging receipt of your order(s) ("Order Receipt Confirmation") and setting out details of the ordered Product(s).

Divini may not always be able to accept your order and Divini may choose not to accept your order in its sole discretion. For example (without limitation) there may be pricing errors, insufficient stock, unusual orders or orders which Divini suspects are not placed in good faith. There may also be unexpected events outside of our control meaning we may be unable to fulfil your order.

If your order is not accepted Divini will inform you via email, and if any payment has already been taken you will be reimbursed in full for any sums paid to Divini for that order.

After receiving your order(s), Divini will check that the relevant Product(s) is/are in stock. A contract for the sale of Products between you and Divini, which will be governed by these Terms and Conditions, will only be formed when Divini emails you confirming that all or part the Product(s) is/are still available and has/have been dispatched ("Shipment Confirmation").

The contract is formed upon Divini sending the Shipment Confirmation to you at the email address provided with your order. Please contact us if you have not received your Shipment Confirmation within 72 hours of placing your order.

A contract for the sale of Products will relate only to those Products whose dispatch has been confirmed in the Shipment Confirmation. Divini will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation.

In the Order Receipt Confirmation you will receive a copy of these Terms and Conditions, however you are encouraged to download, save and/or print a copy of your Order Receipt Confirmation and these Terms and Conditions for your records.

If you would like to amend or cancel your order before you have received your Shipment Confirmation, you must contact us as soon as possible using one of the methods set out or as otherwise set out in the Order Receipt Confirmation. It may not be possible to amend or cancel your order, or to prevent dispatch of the Products, due to the speed with which orders are processed. If Divini is unable to amend or cancel your order and the Products are dispatched to you, you have the option of either refusing to accept the delivery, in which case the Products will be returned to Divini, or accepting the delivery and then returning the Products to Divini in accordance with term 11 ‘Returns and Refunds’. Once you have received your Shipment Confirmation, it will be too late to prevent the Products from being dispatched to you. If you would like to cancel your order after this point, please see term 11 ‘Returns and Refunds’.

Prices, Shipping and Handling, Charges and Taxes

The price charged for a Product will be the price in effect at the time your order is placed and will be set out at checkout, Order Receipt Confirmation and in your Shipment Confirmation. All prices are payable in Great British Pound Sterling (GBP).

In the event of a pricing error, whether on the Divini Website or in an Order Receipt Confirmation or otherwise, you accept that Divini has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation, Divini will notify you of the correct price and give you the option of proceeding with the order or cancelling it. If we are unable to contact you or if we do not receive a response from you, your order will be cancelled and any amounts paid by you to Divini for the Products will be reimbursed. If you do not want to proceed with your order your sole remedy in the event of such a pricing error is to cancel your order.

You acknowledge that even after Divini has sent you the Shipment Confirmation, if the pricing error is obvious and could reasonably have been recognised by you as an error, then Divini will be under no obligation to provide the relevant Product(s) to you at the incorrect price.

Prices for the Products include VAT and/or other applicable taxes but do not include charges for shipping and handling. Separate charges for shipping and handling (and their related VAT or other taxes), and any gift packaging requested, will be clearly displayed on the screen prior to the completion of your order and will be confirmed in your Order Receipt Confirmation.

Prices for Products and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a Shipment Confirmation (save in the case of a manifest pricing error as described above).

Payment

Payment shall be made by one of the methods you have selected during the checkout process (being VISA, MasterCard, Maestro, PayPal, Apple Pay, Klarna, Clearpay, or Divini gift card).

Approved credit and debit card types are listed at the Divini Website checkout. In the event Divini does not receive the appropriate authorisation from your card or payment service provider, Divini reserves the right to reject your order.

For most payment methods, payment for your online order, including all applicable taxes, shipping and other charges such as any gift packaging requested, will be taken from the applicable card or payment service once Divini has sent you the Shipment Confirmation.

Ownership of the Products will pass to you only when Divini has received full payment in respect of your order, including all taxes, shipping and other charges. The Products will be at your risk from the time of delivery or collection (as applicable).

Delivery

You should allow up to 3 days (excluding Sunday and bank holidays) for standard delivery and up to 1 business day for Next Day delivery (orders must be placed by 6pm, excludes Sundays and bank holidays) for in stock Products (check here for current delivery periods). Delivery shall in any event take place within 30 days after Divini has sent you the Shipment Confirmation. Divini reserves the right to substitute another carrier of equal or lesser cost to deliver your order. The delivery options described above are the only shipping options available for sales through the Divini Website. Divini is unable to accept any special delivery requests, which are outside the scope of these two options.

If Divini cannot deliver your order within the period specified in your Shipment Confirmation, Divini will notify you as soon as possible. You may choose to cancel your order, in which case Divini will provide you with a full refund. If you choose not to cancel your order, Divini will endeavour to deliver your order within a reasonable period.

If you unreasonably defer delivery or delay the receipt of delivery after Divini has notified you that the carrier has tried to deliver the ordered Products to you, or if you have provided Divini with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to Divini, your order will be cancelled and a full refund will be issued to you.

Events Outside the Control of Divini

Divini shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission, accident or circumstance beyond its reasonable control including:

civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
strikes or lock-outs (or other industrial action);
national or local states of emergency;
interruption or failure of communication or transportation facilities;
power or utility outages;
non-performance by suppliers or subcontractors
earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and
the acts, decrees, legislation, regulations or restrictions of any government.

In such circumstances, Divini will notify you and take reasonable steps to minimise any delay. The time for Divini's performance of its obligations is deemed to be extended for the period that any of the above continues. If Divini is unable to fulfil your order because of any circumstances outside of its control, or if there is a substantial delay to our delivering your order, you may cancel your order and obtain a full refund.

Acceptable Use of the Divini Website

Divini makes no guarantee that the Divini Website or your Divini account will be error free or secure from bugs or viruses. You are responsible for your own information technology and security and you should use your own virus protection software. Please tell us immediately if your account or payment details have been lost or stolen. If we become concerned about the security of your account we may block access and usage.

While using the Divini Website, you must not:

reformat or frame any portion of the web pages that are part of the Divini Website;
copy or modify the HTML code used to generate web pages on the Divini Website;
use any device, software, or procedure that interferes with the proper working of the Divini Website, or otherwise attempt to interfere with the proper working of the Divini Website;
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
modify, adapt, translate or reverse engineer any portion of the Divini Website;
disrupt or otherwise interfere with the Divini Website or the networks or servers Divini uses;
do anything illegal, fraudulent, obscene, offensive or which may harass, harm, distress or seriously inconvenience any person;
infringe other peoples’ rights, for example, use our name, trade marks or logos without our permission or charge others for our content or services;
impersonate any person or entity, or misrepresent your connection with a person or entity, or otherwise solicit, collect or store (or attempt to solicit, collect or store) personal information about other Divini Website users;
reproduce, duplicate, copy or re-sell any part of the Divini website;
transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Divini customers may contribute feedback about Divini products on the Divini Website, social media or through any other interactive services associated with the Divini Websites ("Contribution"), If you do so, your Contribution must be accurate, be genuine and be legal. Your Contribution must not:

be illegal, defamatory, violent, obscene, offensive, hateful or inflammatory;
contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
be discriminative based on race, sex, religion, nationality, disability, sexual orientation or age;
be likely to deceive, harass, upset, embarrass, alarm, annoy or cause needless anxiety for another person;
infringe copyright, database right or trade mark of any other person, promote or incite any person to commit or partake in an unlawful or criminal act or post any contribution that contains advertising or promotes any services or third party web links.

We will determine, in our discretion, whether a Contribution breaches these rules.

If you do not comply with any part of these Terms, or any terms or policies to which they refer to, or any applicable law, we may:

issue you with a formal warning;
prevent, restrict or suspend your access to the Divini Website;
use your personal details to phone or email you to find out more, or to share our concerns;
immediately remove any contribution you have made to the Divini Website or social media;
take further legal action against you;
to the extent that we believe it is reasonably necessary, or required by law, we may disclose information to law enforcement authorities; and
take any other actions which we deem appropriate.

Compatibility, Product Information

Please take care when placing your order to ensure that the Products you purchase are compatible for your intended use. Please use the Divini Website as your final point of reference when checking compatibility. In the event of a difference between the Divini Website content and any other website (or any other source of information) the compatibility of Products as shown on the Divini Website at the time of purchase will take precedence.

Images on the Divini Website may vary depending on your device's display quality. Whilst every effort is made to reproduce images of the Products in the most accurate way possible, these images are for illustrative purposes only and your Products and their packaging may vary from those images for example, in colour, size, pattern and texture.

If the Products you have received do not correspond to the ones you have ordered, or your delivery is incomplete or damaged in transportation, please contact us without delay.

Returns and Refunds

Cancellations under the Consumer Contracts Regulations – online purchases only

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCR”), you have a legal right to cancel your purchase from the Divini Website during the cancellation period. The cancellation period begins on the date that the contract is formed (when Divini sends you the Shipment Confirmation or for Click & Collect when Divini receives full payment) and continues until the end of 14 days from when you receive/collect the Product (“Cancellation Period”). This cancellation right applies to sale and non-sale Products but does not apply to Excluded Products as set out below. Where applicable, if the Product has been dispatched to you before you cancelled the purchase, you must return the Product to Divini within 14 days starting on the day after you cancel the order.

If you wish to cancel your purchase under the CCR, you can take advantage of the Divini Website’s free Returns Process with valid proof of purchase. You are not obliged to follow the free Returns Process, but if you do not do so you will be solely responsible for the cost of shipping any Products back to Divini.

If you do not wish to use the free Returns Process, you can cancel your purchase during the cancellation period, with valid proof of purchase, by:

submitting our Contact us form; or
contacting us using our Contact Details set out in these Terms; or
submitting the Model Cancellation Form below to our email set out in the Contact Details in these Terms (and, if you do so, Divini will confirm receipt by email); or
returning your Products purchased from the Divini Website Your return will be treated as notice of cancellation.

When you return your Products to Divini, please include your name, email address, order number and order date to help Divini identify your order quickly.

If you cancel your purchase under the CCR, Divini will refund to you the full price you paid for the Product (including all VAT and/or other taxes) together with delivery costs you have paid, although, as permitted by law, the maximum delivery costs refunded will be the cost of the standard delivery service.

Once Divini has received and validated your returned Product, Divini will send you an email to confirm the validation.

Any refund will be made, as soon as possible and in any event from 14 days after the day on which Divini receives the Product back from you or, if earlier, the day on which you provide Divini with evidence that you have sent the Product back to Divini. If the Product was not dispatched to you, you will be refunded within 14 days after you inform Divini of your decision to cancel the purchase.

Gift card purchases made through the Divini Website may be cancelled at any time prior to dispatch. However, once you have received your dispatch confirmation email, it will be too late to cancel your purchase and prevent your order from being dispatched. If you would like to cancel your gift card order before you have received your dispatch confirmation email, you should contact us as per Term 18 ‘Contact Details‘. Whilst we will attempt to cancel your order prior to dispatch, this may not be possible due to the speed with which orders are processed.

Returns under the Divini enhanced cancellation policy

In addition to your rights under the CCR, if for any reason you are not completely satisfied with your purchase, you can return, for a refund, Products purchased from the Divini Website with valid proof of purchase within 30 days of receipt of the Products. To return Divini Website purchases, follow the free Returns Process.

Once Divini has received and validated your returned Products, Divini will send you an email to confirm the validation. Your refund will be processed within 14 days of Divini’s email to you confirming the receipt and validation of your returned Product.

These Terms and Conditions do not affect your rights in law as a consumer including your right to return products under the CCR and your right to return faulty Products under the Consumer Rights Act 2015.

Returning Products that are faulty or not as described

Gift cards may only be returned for a refund with valid proof of purchase where a gift card is not as described, damaged or defective (other than as a result of being mishandled by you or a third party). Except as expressly set out in these Terms, gift cards are non-returnable and non-refundable for any reason.

Once you have returned your Product in accordance with our instructions and your refund has been approved by Divini, Divini will refund in full the price of Products (including sale Products) that are faulty or not as described, together with all applicable delivery charges (including any premium paid for non-standard delivery), and any reasonable costs you incur in returning the Product.

Exchanging purchases bought from the Divini Website

Products purchased from the Divini Website (including sale Products) can be exchanged through the Divini Website.

If you wish to exchange your purchase for a different product or a different style of the same product, you will need to follow our returns Process and make a new purchase.

If you are exchanging Products , please only return the Products and the jewellery box that your Products were delivered in, and do not return any other gift packaging (e.g. bag and gift note) that your order came with because we will not send you a replacement.

Please be aware that Divini stockists have their own exchange policy which may differ to Divini's and contact the stockist directly for details.

Excluded Products and Exceptions to exchanges and refunds

The Divini Website does not accept returns or exchanges of: (i) physical gift cards or e-gift cards; (ii) products purchased from any stores which do not exclusively sell Divini products, or any overseas Divini store; (iii) any bespoke or personalised products (including engraved products) (“Excluded Products”).

Divini reserved the right to refuse a refund if you do not return a Product (or, if a Product sent by post fails to arrive and you are unable to provide proof of postage).

Regardless of whether Products are exchanged or a refunded, the Products must be in a new, unworn and saleable condition. We may refuse a refund or exchange where the Product is returned damaged or shows signs of use or wear, or we may reduce any refund to reflect any reduction in the value of the Products if this has been caused by your handling of it in a way which would not be permitted in a shop. If Divini refunds the price paid before it has an opportunity to inspect the Product and later discovers you have handled it in an unacceptable way or damaged it, you must pay Divini an appropriate amount.

Divini will not refund any delivery costs for returns or exchanges made under our enhanced cancellation policy.

Returning Products purchased as part of a promotion

To return Product(s) purchased using a promotional offer, you may need to return any Product gifted to you as part of the promotion or, if part of a multi-buy offer, you may need to return the other Products purchased in the multi-buy, and at all times provide valid proof of purchase.

Method of refund payment

Any refund due to you under these Terms and Conditions will be made to your original payment method. If that returned purchase was made using mixed payment methods, the order of refund will be prioritised as follows (where applicable): points credited back to your loyalty account, then gift card, then credit card, then cash.

Consumer Warranty (Guarantee)

This guarantee gives you specific rights. It is offered as an additional benefit to your rights and remedies under law, which may vary from country to country, and nothing in this Guarantee will replace or lessen your legal rights and remedies. You can find out about your legal rights and remedies by contacting your local consumer advice service.

In particular, the Divini Website has a legal duty to supply products that conform to the contract made with you.

Products sold by the Divini Website include a guarantee for Products that are faulty or not as described during the periods set out below for various Product types:

1 year from the original date of purchase for parts of Products made of wood, steal, stone, leather, glass and string.

This means you can request a repair or replacement free of charge if the Products turn out to be faulty or not as described during this period. Divini will repair your Product or replace it with a Product of identical or similar characteristics, except as set out below. Divini may at its own discretion replace your Product under this Guarantee whether or not a repair of your original Product is possible. If Divini chooses instead to repair your Product Divini may do so with new or refurbished components.

You may instead request a refund or price reduction if the Product cannot be repaired or replaced at all or within a reasonable time or without inconvenience, or the cost of repair or replacement is disproportionate to the value. Refunds, if authorised, will usually be made using the same payment method originally used by you to pay for your purchase.

Please retain your Order Receipt Confirmation or, where applicable, pass it to a gift recipient as the original proof of purchase is the warranty under which this Guarantee operates. If the Order Receipt Confirmation is not available, a bank statement showing the relevant transaction will suffice. This does not affect your rights in law as a consumer.

This Guarantee does not cover normal wear and tear, or damage caused by accidents, mishandling, improper use (such as knocks, dents, crushing etc.). Repairs (or attempted repairs) to Products other than by Divini will void this Guarantee whether or not damage has been caused by such repair or attempted repair. Wearing counterfeit products, products from incompatible Divini collections or products by other brands on your Divini product could damage the unique threading system and if such damage is caused, it will not be covered by this Guarantee.

If your Product is repaired or replaced by Divini under this Guarantee, the new Product will benefit from the remainder of the term of this Guarantee (calculated from the date of the original purchase of the Product). The period of this Guarantee shall not be extended whether or not your Product is repaired or replaced.

Returns and replacement

For information about returning or exchanging a gift card itself, refer to Term 11 ‘Returns and Refunds’.

If you return products bought with a gift card, any refund will be made in the form of a gift card. If you paid with a gift card and other payment method, any refund will first be applied to the gift card (up to the value of the amount paid by gift card in the original transaction and not more). The minimum amount we can refund onto an e-gift card is £10. Any refund due to you of less than £10 will be refunded with a promotional code for use online only at the Divini Website checkout.

If you require replacement of a gift card because it was lost, stolen or damaged, we may do so at our discretion provided you provide proof of purchase and we can verify the balance remaining, and we may charge you a fee to cover the replacement cost.

Liability

To the full extent permitted by law, the total liability of Divini shall be limited to the amount actually paid for the purchase of the applicable products plus delivery. However nothing in these Terms and Conditions affects your legal rights as a consumer. In particular, nothing in these Terms and Conditions excludes or limits in any way the liability of Divini:
• for death or personal injury caused by Divini's negligence;
• for fraud or fraudulent misrepresentation;
• under section 2(3) of the UK's Consumer Protection Act 1987 or for any breach of your consumer rights relating to products; or
• for any matter for which it would be illegal for Divini to limit or exclude, or attempt to limit or exclude, liability.

Divini warrants to you that any Product purchased from the Divini Website is of satisfactory quality and fit for all the purposes for which products of the same kind are commonly supplied.

Divini is not responsible for any loss or damage that is not foreseeable.

You are solely responsible for the safe keeping and security of any gift card following delivery. If your gift card is used by someone else (with or without your permission), damaged, destroyed, lost or stolen, Divini UK shall not be liable for any loss or damage you suffer as a result except to the extent that such loss arises or Divini UK's negligence or breach of these Terms and Conditions

Contact Details

Divini will assist you with any questions and endeavour to resolve any complaint you may have. You can contact Divini in the following ways:

via the contact us form on the Divini Website;
by email contact@divini.co.uk.

General

Transferring rights and obligations to another person or organisation

These Terms and Conditions are binding on you and Divini. It will also be binding on any person or organisation to which Divini might transfer its rights and obligations to.

You may not transfer or otherwise dispose of your contract with Divini, or any of your rights or obligations arising under it, without Divini's prior written consent.

Divini may transfer or otherwise dispose of a contract with you, or transfer any of Divini's rights or obligations arising under it, at any time. If you have an outstanding order with Divini at the time of any such disposal or transfer, you will be contacted by Divini and you may cancel your outstanding order if you do not want to proceed.

Third Party Rights

Other than Divini, any person who is not a party to the contract between you and Divini is not entitled to enforce any of its terms.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable (deleted) from these Terms and Conditions and this will not affect the validity and enforceability of any remaining provisions.

Waiver

If Divini fails, at any time, to insist that you comply with your obligations under these Terms and Conditions, or if Divini does not exercise any of its rights under these Terms and Conditions, this does not constitute a waiver of such rights and does not mean that you are free to ignore your obligations. Divini can still require you to comply at a later date.

Entire Agreement

These Terms and Conditions and any document that we have referred to within them (including via hyperlink) represent the entire agreement between Divini and you and takes precedence over any other previous agreement or representation made to you whether oral or in writing.

You acknowledge that, in entering into a contract with Divini, you have not relied on any representation or promise given by Divini or anyone else except as set out in these Terms and Conditions.

Governing Law and Jurisdiction

These Terms and Conditions and your purchase of Products from Divini shall be governed by and construed in accordance with the laws of England. Any dispute or claim arising out of or in connection with these Terms and Conditions or your purchase of Products from Divini (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the English courts. If you are a resident of Northern Ireland, Scotland or Wales you may also bring proceedings in your local courts.

Parts of these Terms applicable to, and any dispute arising out of, your Divini membership shall be governed by Danish law, with the exception of Danish conflict of law provisions, however, it does not exclude rights and protections which are granted to you by governing law in your country of residence and cannot under those laws be excluded. We will contact you and obtain your acceptance for substantial revisions or amendments of those parts of these Terms and Conditions.

Variation

These Terms and Conditions may be amended, and the Divini Website and Divini pages may be closed, changed or reorganised, from time to time without notice to you. It is your responsibility to check these Terms and Conditions from time to time to ensure you are aware of any changes which may have been made.

Divini reserves the right at any time to cancel any gift card and/or suspend or permanently discontinue the gift card programme altogether if, in Divini’s sole discretion, such action is necessary, for example, to comply with applicable law or due to circumstances beyond Divini’s reasonable control.