Digital Terms of Sale
Welcome to Divi Den. By purchasing digital goods from Divi Den you are bound by the Conditions and Terms of Sale as stated below.
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.
- ‘We” or “us” refers to Divi Den
- “Store” means any web based service operated by Divi Den for the purposes of marketing and retailing digital goods.
- ‘You’ or ‘your’ refers to you the Customer 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
These Conditions of Sale govern the sale of Digital Goods by Divi Den to the Customer.
When you purchase Digital Goods from us via any of our Store venues you will be required to click the “I Agree” checkbox 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 you 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/s
- and/or guardian who has explained these conditions of sale to you so that you fully understand them
Cancellation and Refunds
Divi Den has a 100% Satisfaction Guarantee policy. You may request a refund within 30 days of purchasing any item.
All sales of Digital Goods are final unless they fall within the 100% Guarantee T&C. Refunds outside the 100% Guarantee period 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. You will need to provide written feedback of why you did not understand the description as well as to how the description was incorrectly described. This will enable Divi Den to understand the problem and improve the description if necessary
- 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.
You agree you may have to provide your 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”.
Sales Coupons are issued from time to time and may be used when and where applicable. Refunds will take coupons into consideration and will only apply to actual purchase amounts. Sales Coupons need to be entered in the field as provided during the checkout process. A button stating Coupon Code needs to be clicked.
Your payment provider will automatically convert EURO (€) to your local currency (£,$) when the payment is processed.
VAT for Eurozone
Prices are shown in Euros and you will be billed in Euros. Members in the Eurozone without a VAT number, will need to pay VAT at their country’s VAT rate.
Digital Goods, whether free or premium, are delivered to you by a choice of methods:
- via download to your personal desktop computer
- via download to your personal mobile device (please remember files could be large and a mobile device might not be suitable for this reason)
- via the Divi Den on Demand plugin which allows customers access to their purchased product or any freebie on their Dashboard. You may still download the product regardless of using Divi Den on Demand
- 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 in their original form to anyone else.
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 used in the products are meant to be placeholders only. You need to find your own relevant images to make products your 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.
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.
Our basic support for free and premium products 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 like the Assistant Plugins or the Divi Den on Demand plugin to make the use of our products as easy as possible.
Basic support exclusions:
- Although we cannot physically edit website files for you, we will try our best to guide you to do it yourself.
- Actual alterations to the default layout and code.
- Edits to css/stylesheets.
- Resolution of 3rd party plugin or application conflicts.
- 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.
- 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.
- 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.
In order for you to access the Digital Goods you are required to have:
- an internet connection
- a personal desktop computer or mobile device capable of opening the Digital Goods
In the process of purchasing Digital Goods from Divi Den your 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.
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.
You further agree 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. You understand that you download from, or otherwise obtain content or services through, the site at your own discretion and risk.
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, lockouts, 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.
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.
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 Malaysia and the parties hereby submit to the exclusive jurisdiction of the Malaysian courts.
Customers should check this page from time to time to ensure that they are happy with any changes.
- Customer’s full name, we use this to identify the Customer in Order Receipt emails
- the Customer’s email address, we use this to communicate to the Customer
- the Customer’s country of residence, we need this to accurately determine what VAT to apply to the order
- the Customer’s address if required to do so for VAT purposes
- the Customer’s IP address, this is required for VAT purposes to help establish your country of residence.
- the Customer’s computer or mobile devices OS and Browser, we use this information to better serve content to Customers.
We are committed to ensuring that the Customers’ 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.
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 utilises cookies for the following purposes:
- To track items added to the Customer shopping cart.
- To view what content the Customer checked
- To check that pages load correctly and that users can navigate the site easily
Last Updated: 14.08.2018