Divi Den Digital Product Terms and Conditions Of Sale

Welcome to Divi Den

By purchasing digital goods from Divi Den you are bound by the Conditions and Terms of Sale.

Definitions

In this Agreement the following words and expressions shall have the following meanings:-

“Divi Den ” means the online shop on Divi-Den.com which is owned and managed by Yeah Can Design Studio UG (limited liability), Registered in Germany, Company Number: HRB 172948 B, registered address Giesebrechtstr 19, 10629 Berlin, Germany

  • “Digital Goods” means any intangible digital product or service sold and delivered by “Divi Den ” in the form of a one-off purchase.
  • “Store” means any web based service operated by “Divi Den ” for the purposes of marketing and retailing digital goods.
  • “Customer” means you the person purchasing “Digital Goods” from “Divi Den “
  • Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
  • The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

Conditions of Sale

Introduction

These Conditions of Sale govern the sale of “Digital Goods” by “Divi Den ” to the “Customer”.

The Contract

When you purchase “Digital Goods” from “Divi Den ” via any of our “Store” venues you will be required to click the “I Agree” tick box to complete the order. By clicking the “I Agree” tick box you are accepting these terms and conditions of sale. The contract for the purchase of any “Digital Goods” will be between the “Customer” and “Divi Den ” and will only be formed when “Divi Den ” makes the “Digital Goods” available for download and we have received payment in full for the “Digital Goods”.

Until we make the “Digital Goods” available for download and receive payment in full there is no contract between the “Customer” and “Divi Den ” for the “Digital Goods”. “Divi Den ” reserves the right, at our sole discretion to reject any order we receive.

By placing an order with “Divi Den ” you agree you are:-

  • legally capable of entering into binding contracts
  • at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent
  • and/or guardian who has explained these conditions of sale to you so that you fully understand them

Cancellation and Refunds

All sales of “Digital Goods” are final. Refunds for any “Digital Goods” sold by “Divi Den ” will only be considered for a refund if any of the following conditions apply:-

  • The “Digital Goods” were incorrectly described on the “Store” and were not clear and the info not easily understood
  • The “Digital Goods” are proven to be defective and after Divi Den has been given the opportunity to make good are still defective
  • All refunds will only be issued to the transaction ID related to the sale of the “Digital Goods”
  • You may not use any of the “Digital Goods” in any form when you have requested and received the refund. This will then be deemed a copyright infringement and will be subject to legal action.

Price and Payment

The price of any “Digital Goods” will be as quoted on the “Store” at the then current time, except in the case of obvious error. This price shown in the “Store’ does not include legally applicable VAT. Customers in the EU will need to provide their VAT number to be exempt from paying VAT.

The “Customer” agrees they may have to provide their country of residence during the order process for the purposes of calculating the correct amount of VAT to apply to the order. We will not accept any offers for “Digital Goods” other than at the then current price. Payment for all “Digital Goods” is processed securely by various third party payment gateway services and will be handled in the currency advertised on the “Store”.

Delivery

“Digital Goods” are delivered to the “Customer” by a choice of methods:-

  • via download to the “Customer”‘s personal desktop computer
  • via download to the “Customer”‘s personal mobile device (please remember files could be large and a mobile device might not be suitable for this reason)
  • you will have access to updates via your account page

Use of Digital Products – Free or Purchased

You hereby agree to download “Digital Goods” for your own purposes or for projects on behalf of your clients’ use only and that you will not sell or sub-license for profit the “Digital Goods” to anyone else. Nothing in these conditions of sale grants the “Customer”any rights other than those expressly set out herein. Any breaches of these terms will be pursued to the full extent of the law. Some “Digital Goods” sold by “Divi Den ” may contain additional licensing terms or terms of use within the download which the “Customer” hereby agrees to abide by.platform

License Information. You are free to use our products within the scope of the specific license that you purchase.  We will make every attempt to ensure that active products sold in our store are compatible with future releases of Divi, however, we cannot guarantee these updates.

Images

Images used in the products are meant to be placeholders only. Customers need to find their own relevant images to make products their own.

Divi Den takes the utmost care to use only copyright free images. It is however the responsibility of the customer if using the same images, even though it is recommended they should not, to ensure that images are copyright free. Divi Den in no way accepts responsibility for any possible copyright infringement in terms of image use.

RTL

Right-to-Left script. In a right-to-left, top-to-bottom script (shortened to right to left or abbreviated RTL), writing starts from the right of the page and continues to the left. Read more here to see which scripts fall under RTL

Divi Den’s products do not support RTL and it is unlikely this will happen any time soon due to the complexity of the issues especially with regard to responsive issues.

Support

Basic support is for one month after purchase and INCLUDES:

– To check and resolve any bugs or errors in the product sold
– Use the Installation videos any time you wish. More videos will be made to address knowledge gaps a few of our customers have. Check the Tutorial section when it’s up.
– Support needs to be submitted via the Support Request on the Divi-den.com site. No guarantee of support is offered if customers request support via Facebook or any other social media platform
– We continue to develop tools such as our basic child theme to make the use of our products as easy as possible

Please watch our “How to” videos first before asking for support.

Basic support does NOT include:

  • Any Free Products available on the Divi-Den.com site
  • Alterations to the default layout and code
  • Edits to css/stylesheets
  • Resolution of 3rd party plugin or application conflicts
  • Advanced support or support needed after one month can be purchased at a €90 hourly rate.
  • Any customisation, font adjustments, or other style changes will be considered outside the scope of basic support.
  • Supported browsers include: Chrome, Safari, Firefox, Edge, IE, Android 4.4 or newer and iOS Safari 8 or newer. Latest 3 versions of browsers are fully tested. Note: 2015/16 and browser versions should work fine but you should test if it is required. “Divi Den” can only support the latest 3 browser versions.

Special Mention:

  1. Regarding product customisations

Divi Den is happy to assist its customers in any way possible but cannot always guarantee support with customisation. If you need to make extensive customisation changes then it might be a good idea to hire a third party developer to assist you. We will also be developing a Help Page for quick links to free support resources available online.

  1. Regarding third party plugins

We work hard to make sure our products are coded well and with WordPress best practices in mind. However, we cannot guarantee that all plugin authors do the same. For this reason, it will not always be possible for us to guarantee support with third party plugins. Some of our products may also have unique designs that do not support certain plugins.

Customer Requirements

In order for the “Customer” to access the “Digital Goods” the “Customer” is required to have:-

  • an internet connection
  • a personal desktop computer or mobile device capable of opening the “Digital Goods”

Email Communications

In the process of purchasing “Digital Goods” from “Divi Den ” the “Customer” email address will be subscribed to the “Divi Den ” general email list.  “Divi Den ” uses the “Customer” email address to issue a one time ‘Order Receipt’ email upon receipt of a successful/failed order or communications in case of product updates. “Divi Den” may send communications about Free or New products which may be of interest. NO SPAM POLICY – “Divi Den” will never sell or rent the “Customer” email address to anyone. The “Customer” can unsubscribe at any time from the link provided in to bottom of any email.

General Liability

“Divi Den” shall not be liable, and disclaims any liability for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising out of the use of or inability to use “Divi Den’s” “Digital Goods”. Nor from any interruption in the availability of “Divi Den’” “Digital Goods”. The “Customer” further agrees that the content is sold or distributed on the site “as is”. Neither “Dvi Den” or it’s team members makes any warranty that the site will be error free or that access will be continuous or uninterrupted. The “Customer” understands that you download from, or otherwise obtain content or services through, the site at your own discretion and risk.

General Terms

Force Majeure

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

Severance

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

Entire Agreement

This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

Governing Law and Jurisdiction

These terms shall be governed by and construed in accordance with the law of Germany and the parties hereby submit to the exclusive jurisdiction of the German courts.

Privacy Policy

To protect your privacy we will not distribute any of your details to third parties unless required to do so by law. “Divi Den ” is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the “Store”, then you can be assured that it will only be used in accordance with this privacy statement. “Divi Den ” may change this policy by updating this page. Please read the general privacy & cookie policy here.

You should check this page from time to time to ensure that you are happy with any changes.

– What we collect and how we use the data. We will collect the following information when you purchase “Digital Goods” from the “Store”:-

  • Your full name, we use this to identify you in Order Receipt emails.
  • Your email address, we use this to communicate to the “Customer”.
  • Your country of residence, we need this to accurately determine what VAT to apply to your order.
  • Your address if required to do so for VAT purposes
  • Your IP address, this is required for VAT purposes to help establish your country of residence.
  • Your computer or mobile devices OS and Browser, we use this information to better serve content to Customers.

– Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect and deliver online.

– How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, cookies allow web applications to respond to you as an individual. “Divi Den ” ustilises cookies for the following purposes:-

  • To track items added to the “Customer” shopping cart.
  • To view what content you checked
  • To check that pages load correctly and that users can navigate the site easily

Last Updated: 28.08.2017

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