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So Divine

Terms and Conditions

So-divine.com web site (“the site”) is provided subject to the following Terms and Conditions. Use of this site constitutes your acceptance of these terms and conditions, which take effect on the date of which you first use the site. By purchasing for our site you are also accepting our terms and conditions. These Terms and Conditions do not affect your statutory rights.

If you do not accept these terms of use you will not be able to order from our website.

For the purposes of these Terms and Conditions:

  • ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
  • ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679
  • ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
  • We are a Data controller of the Personal Data we Process in providing Goods to you.
  • Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data while providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
  • Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
  • We will only Process Personal Data for the purposes identified;
  • We will respect your right in relation to your Personal Data; and
  • We will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding data privacy you can email: [email protected]. Please read our separate privacy policy for further details.

WEBSITE CONTENT

All details contained on this website, where such content is produced by So divine are believed to be accurate. Please note, however, that although all product information is based upon accurate measurements and specifications, individual products may differ slightly from published specifications. Great care has been taken to maintain colour accuracy with all product photos, but be aware that individual computer monitors may also present differing results from one another. So divine disclaims all express or implied warranties to the extent permissible by law.

In no event shall So Divine be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of so-divine.com, including without limitation, bodily injury, emotional distress, and/or any other damages.

GOODS

The description of the Goods set out on the Website, catalogues, brochures or other form of advertisement is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

All Goods which appear on the Website are subject to availability. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

BASIS OF SALE

The description of Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A contract will be formed for the sale of Goods ordered only when you receive an email form us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

PRICE AND PAYMENT

The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we have agreed in writing. Prices and charges are displayed VAT-inclusive in GBP (£) at the rate applicable at the time of the Order. We reserve the right to change prices without notice.

You must pay by submitting your credit or debit card details or choosing an alternative payment method as detailed on the Website with your Order and we can take payment immediately.

Purchases from outside the United Kingdom will be converted to GBP (£) by our payment processor before the transaction is complete. Customers from outside the UK may be charged by our third-party payment provider.

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you additional payment options. Payment is to be made to Klarna. Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.

PROMOTIONS / PROMO CODES

On occasion So Divine may run promotional offers on the website. These promotions are subject to availability, and we reserve the right to end such promotions when we choose.

Codes for promotional offers have no cash value and are not redeemable for cash, and cannot be combined with any other offers. Limit one promo code per order. Promo codes each have their own redemption period as specified in connection with the promo code itself. The unauthorized reproduction, resale, modification or trade of coupon codes is prohibited. If we think there is or has been misuse of a Promo Code in any way (e.g. selling it or sharing it with others), we can cancel your Promo Code and/or suspend or even close your account without telling you. If a Promo Code can’t run properly due to fraud, tampering, technical errors or anything else that is beyond our control that affects the running or fairness of the Promo Code, we can cancel, modify or suspend the Promo Code as required without advance notice.

DELIVERY AND CANCELLATIONS

It is our aim that orders are dispatched within two to three working days. It is possible that unanticipated circumstances may cause us to run out of stock in a way which is not reflected on the website. In such a scenario we will inform the customer. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

We reserve the right to change our delivery charge at any time and offer varying delivery charges to differing territories. In the UK, delivery charge refunds can only be made in accordance with your legal rights under “The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013” and other legislations such as the Consumer Rights Act 2015. Similar rights may apply for international deliveries.

If International delivery is requested, you may need to pay import duties or other taxes as we will not pay them. Due to customs, legal, regulatory, and certain practical restrictions, applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the UK. So Divine reserves the right to define what can and cannot be delivered to which destination(s).

If any Goods form a bundle (a bundle is a selection of products sold as a group where division of the bundle would materially impair the value of the goods or the character of the bundle) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

CANCELLATIONS

You have the rights under “The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013” and “The Consumer Rights Act 2015” to cancel your order for any reason. Consumer may cancel a contract at any time within 14 calendar days from the date of receipt of the goods. A full refund will be given for orders that have not been dispatched. If the goods have already been dispatched, please contact us for more information about product returns.

DAMAGED/FAULTY GOODS

In some cases, there is a possibility that products may be damaged in transit or may be defective. In such cases, please contact us regarding the problem and whether a refund or replacement would be most appropriate. A refund may be offered if requested and will include the delivery charge. Replacement items will be sent as soon as is reasonably possible, for which you will not be charged. We will only issue replacements and refunds in accordance with your legal rights.

Delays in product replacements may occur due to stock shortages, which we will inform you of once we are aware of them. Your statutory rights will not be affected.

PROPRIETARY RIGHTS ON SO-DIVINE.COM

So-divine.com owns and retains all proprietary rights in the Website.

The Website contains copyrighted material, trademarks, and other proprietary information of So-Divine.com and VH2 Ltd. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

COPYRIGHT POLICY

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. Contact So Divine Legal for notice of claims of copyright infringement, they can be reached via email: [email protected] or [email protected]

PRIVACY

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

So divine maintains suitable account protection policies to store information provided by customers. Although measures are taken to ensure that passwords are safely and securely protected, it is the responsibility of the customer to ensure that your password and website activities remain confidential.

These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (www.so-divine.com/privacy).

COMPANY INFORMATION

So Divine brand is a registered trademark of Viator Health Limited (VH2 Ltd). Offices are located at Dyrham Lodge, 16 Clifton Park, Bristol, BS8 3BY.

Terms and Conditions may be revised at any time and so the user is advised to check the terms and conditions regularly. Terms and conditions and the content of this site shall be governed by English law.

This is not intended to be a full statement of all your rights under the applicable laws. Full details of your rights may be available from your local citizens’ advice bureau or your local authority’s trading standards office. Only laws applicable in the UK shall apply.

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