Babette Mariella Berkhof ("Divas Fitwear") provides this website WWW.DIVASFITWEAR.COM and related services subject to the terms and conditions set out below.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, all website users (“you”) agree to these terms and conditions. If you do not agree to all of these terms and conditions, you may not use this website. Divas Fitwear may make changes and update these terms and conditions at any time. Please check the terms and conditions posted at WWW.DIVASFITWEAR.COM periodically, because your continued use of the website will mean you accept those changes and updates.
These terms and conditions relate to your use of this website. Separate terms and conditions relate to the sale and supply of any goods, use of Content and Copyright. All material on this website, including (but not limited to) design, text, graphics, and all software compilations and underlying source code are the copyright of Divas Fitwear. © ALL RIGHTS RESERVED.
You may download, print out or store portions of this website for your own personal use or information or that of your firm or company. Any other use of material from this website, including reproduction for purposes other than those stated above, publication, modification, sale, distribution, posting or transmission in any way without the express prior written consent of Divas Fitwear is strictly prohibited. If you breach any of the terms of this legal notice, your permission to use this website automatically terminates and you must immediately destroy any downloaded, printed or stored portions from this website. Divas Fitwear name and logo are trademarks and service marks of Divas FitWear. All other trademarks, service marks and logos used on this website are the trademarks, service marks or logos of their respective owners. Divas FitWear has made every effort to secure appropriate licenses and clearances for all third party intellectual property used on this website. You may notify Divas FitWear of alleged intellectual property rights infringement by contacting Divas FitWear via firstname.lastname@example.org
WHILE DIVAS FITWEAR ENDEAVOURS TO ENSURE THAT THE INFORMATION ON THIS WEBSIDE IS CORRECT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIVAS FITWEAR PROVIDES YOU WITH THIS WEBSITE ON AN "AS IS" BASIS ONLY. YOU ACCEPT THAT ACCESS TO THIS WEBSITE MAY BE SUSPENDED AT ANY TIME AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR OR FOR ANY OTHER REASONS WHATSOEVER, INCLUDING FOR REASONS BEYOND THE CONTROL OF DIVAS FITWEAR. DIVAS FITWEAR MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, MATERIALS OR SERVICES AVAILABLE ON THIS WEBSITE OR THAT.THE USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. FURTHER, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THIS WEBSITE) INCLUDING THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS EXCLUDES ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERPREATION AND WHETHER IN TORT (INCLUDING WITHOUT NEGLIGENCE) CONTRACT, WARRANTY OR OTHERWISE IN CONNECTION WITH THIS WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES (INCLUDING LOGIC BOMBS, TROJAN HORSES, WORMS, HARMFUL COMPONENTS, CORRUPTED DATA OR OTHER MALICIOUS SOFTWARE OR HARMFUL DATA) THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEBISTE OR ANY WEBSITES LINKED TO THIS WEBSITE. FURTHER, DIVAS FITWEAR EXCLUDE ALL LIABILITY AND RESPONSIBILITY AS SET OUT ABOVE WHETHER OR NOT DIVAS FITWEAR IS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTHING IN THIS LEGAL NOTICE SHALL EXCLUDE OR LIMIT DIVAS FITWEAR's LIABILITY FOR:
1. DEATH OR PERSONAL INJURY TO THE CONSUMER RESULTING FROM AN ACT OR OMISSON OF DIVAS FITWEAR; OR
2. FRAUD; OR
3. MISREPRESENTATION AS TO A FUNDAMENTAL MATTER;OR
4. ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOUR USE OF MATERIAL ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA YOU ASSUME ALL COSTS THEREOF.
Divas Fitwear and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this website any material: that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or for which you have not obtained all necessary licences and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in Spain or any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) which facilitates your misuse of the website (including, without limitation, hacking). Divas Fitwear shall fully co-operate with any law enforcement authorities or court order requesting or directing Divas Fitwear to disclose the identity or locate anyone posting any material in breach of the above prohibitions.
We accept all major credit cards. The prices are displayed in Euros and are inclusive of 20% VAT. We have a currency converter on our site. Divas Fitwear uses all major credit cards including Visa, MasterCard & Paypal To be eligible to purchase on our website you must;
1. Be the holder of a valid credit card.
2. Agree to disclose the personal information required to become a customer, and ensure that it is accurate and true in all respects.
3. Agree not to impersonate any other person or use false details.
After you make a purchase, we will contact you to confirm your order and provide an approximate delivery date. There may be circumstance where we may not be able to accept your order, namely:
1. If the item ordered is out of stock.
2. If we are unable to obtain authorisation for your payment. (If the issuer of your payment refuses or subsequently refuses to or does not authorise your payment to us, we will not be liable for any delay or non delivery of your order).
Links to Other Websites
Divas Fitwear's website contains links to websites of third parties. These links are provided solely for your convenience and not as an endorsement by Divas Fitwear of the content on such third party websites. Divas Fitwear has not reviewed all of these third party websites and is not responsible for the content of linked third party websites and does not make any representations regarding the availability or content or accuracy of materials on such websites. If you decide to access third party websites through links on the Divas Fitwear website, you do so at your own risk. Your use of third party websites is subject to the terms and conditions of use for those websites.
The Divas Fitwear website may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, Divas Fitwear does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Divas Fitwear website.
You agree to indemnify and hold Divas Fitwear, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the content of this website in a manner that violates or is alleged to violate these terms and conditions.
Divas Fitwear shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably cooperate with you, at your expense, in your defence of any such claim.
Divas Fitwear will not be liable for any delay or failure in performance or interruption of the delivery of the contents of this website resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including but not limited to failure of equipment or communications lines, telephone or other interconnect problems, computer viruses (including logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data), unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars or governmental restrictions.
Severability and Waiver
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Divas Fitwear/Babette M Berkhof is registered as a sole trader in the UK. Access to the content of the website may not be legal by certain persons or in certain countries. If you access the Divas Fitwear website from outside the UK you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
These terms and conditions are governed by, and construed in accordance with UK law and you irrevocably agree that the courts of the UK shall have the exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms and conditions or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the UK courts.
© Divas Fitwear - All Rights Reserved