Terms & Conditions

These are our terms of use. It is a very long text, which we follow to the point.

{ Revised Date: Feb 21th, 2023 }

By ordering from our site, you accept our general terms and conditions, including our Privacy Statement. DIAVY UG (Haftungsbeschränkt).

(“the Companies”, “We” or “DIAVY UG (Haftungsbeschränkt)”) maintain the web site located at www.diavycase.com and www.diavy.de (the “Site”). Your access to and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and agree to be bound by all of these Terms and Conditions.

AGE REQUIREMENT

You must be 18 years of age or older to use or place an order on this Site. By submitting information through the Site, you represent that you meet this age qualification.

CHANGES TO THESE TERMS

We may at any time revise these Terms and Conditions by updating this posting and changing the effective date indicated above. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

WEBSITE CONTENT

You may download material displayed on the Site for non-commercial, personal use only, provided you also keep all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without the Companies prior written permission. You should assume that everything you see or read on the Site is copyrighted by the Companies or its licensors unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of the Companies. While the Companies uses reasonable efforts to include accurate and up to date information in the Site, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of the Site.

Images of people or places displayed on the Site are either the property of, or used with permission by the Companies. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered trademarks of DIAVY UG (Haftungsbeschränkt) and its licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of DIAVY UG (Haftungsbeschränkt) or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Companies will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.


INACCURACY DISCLAIMER

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Without limiting its rights provided elsewhere in these Terms and Conditions, the Companies reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We have made every effort to display the colors of products as accurately as possible. However, we can’t guarantee that your computer monitor or smartphone display´s of any color will be accurate.


SUBMISSIONS

Any communication or material you transmit to the Site by electronic mail or otherwise, will be treated in accordance with our privacy policy. By transmitting or posting any communications or materials to this site, you agree that the Companies or any of its affiliates may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcast and posting. The Companies and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information. You agree that no materials you submit on the Site will violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You are and shall remain solely response for the content of any materials you submit to or post on the Site.


ORDER ACCEPTANCE AND SHIPMENT

Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. While the Companies will use commercially reasonable efforts to process orders placed on the Site within the timeframes specified at the time the order is placed, the Companies cannot guarantee that orders will be processed, or received, by a particular date. The Site does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Site.


LINKS

The Companies does not endorse the content of any third-party websites. The Companies is not responsible for the content of linked third-party sites, sites framed within a third-party website, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.


USER CONDUCT AND SECURITY

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, or otherwise cause damage to the Site or its content. The Companies specifically prohibits you from engaging in any of the following activities on the Site:

Impersonating another person;

Engaging in or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;

Attempting to interfere in any way with the Site’s networks or network security, or attempting to use the Site to gain unauthorized access to any other computer system.
Attempting to probe, scan or test the vulnerability of our system or network or to breach security or authentication measures without proper authorization;

Accessing data not intended for you or logging into a server or account which you are not authorized to access;

Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or;

Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than generally available public search engines.

Violations of system or network security may result in civil or criminal liability. The Companies will investigate and may involve law enforcement authorities in prosecuting the user or users who are involved in such violations.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
THE COMPANIES ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. DB EQUIPMWNT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Companies also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. You agree to defend, indemnify, and hold the Companies and its affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or your violation of these Terms and Conditions.

LOCATION OF USE IN EUROPE

DIAVY UG (Haftungsbeschränkt) controls and operates the European Site from our office in Germany, and all information is processed within Germany. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site or purchase products from the Site from locations outside of Europe do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. If you access the Site from locations outside Europe you agree that any information you provide to or though the Site may be processed in the Europe.


TERMINATION OF ACCESS

The Companies may terminate your access, or suspend your access to all or part of the Site, without notice, in The Companies sole discretion. Such termination or suspension of access may occur, without limitation, for any conduct that The Companies, in its sole discretion, believes is a violation of these Terms and Conditions, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, The Companies, or its affiliates.

WAIVER AND SEVERABILITY

The failure of The Companies to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.


SHOPPING

EUROPEAN UNION: DIAVY UG (Haftungsbeschränkt) is registered (HRB 15110), and operates out of Germany, under German law – our customs point of entry when shipping goods to the EU. Therefore, all shipments to our EU residents will be automatically invoiced with the German VAT of 19% included in the price. The sales tax may most likely not be refundable or deductible in your country, local exceptions may apply. All products are ship DDP (Delivered Duty Paid) to a private person within the EU. In terms of payment, we use state of the art SSL technology to keep your credit card information safe. You can use credit cards: VISA and Mastercard. Purchases can only be made in the currency available for the country where you choose your delivery to be made.

SWITZERLAND: DIAVY UG (Haftungsbeschränkt) is registered as a VAT (sales tax) applicable company in Germany (HRB15110) – our customs point of entry when shipping goods to Europe. Since Switzerland is outside the European Union we will not charge Swiss customers with German VAT. DIAVY UG (Haftungsbeschränkt) will handle all works to Switzerland, but customers will have to pay the local VAT (8%) and the direct customs fee (estimated to be around 2€) to local authorities when receiving our products. DIAVY UG (Haftungsbeschränkt) is not responsible for the local regulations in Switzerland, and customers are buying our products at their own risk. DIAVY UG (Haftungsbeschränkt) encourages all Swiss customers to confirm these regulations with your local authorities before ordering. In terms of payment, we use state of the art SSL technology to keep your credit card information safe. You can use credit cards: VISA, Mastercard and Diners Club. Prices are stated in EURO. Purchases can only be made in the currency available for the country where you choose your delivery to be made.

How to submit a warranty claim?
If you have any questions or a claim, please contact our customer service or fill out the DIAVY Warranty form

When filing a Warranty claim you must provide clear photographic evidence of any Defect in order for DIAVY to assess if the Warranty claim shall be approved or dismissed.

For US citizens
Some states do neither allow the exclusion of implied warranties nor the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.


KLARNA
https://www.klarna.com/international/terms-and-conditions/

PRIVACY POLICY

DIAVY UG (Haftungsbeschränkt) Privacy PolicyThis Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.diavy.de (the “Site”).

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:
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   - “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.    
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.    
- “Web beacons,” “tags,” "Hotjar" and “pixels” are electronic files used to record information about how you browse the Site.    
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers , email address, and phone number.  We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).  Additionally, we use this Order Information to:Communicate with you; Screen our orders for potential risk or fraud; and When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
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SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above.  For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here:  https://www.shopify.com/legal/privacy.  We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here:  https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout.Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.You can opt out of targeted advertising by:
 FACEBOOK - https://www.facebook.com/settings/?tab=ads    GOOGLE - https://www.google.com/settings/ads/anonymous    BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]]Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:  http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
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YOUR RIGHT

SIf you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.  Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
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DATA RETENTION
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When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. Contact us for more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@diavy.de or by mail using the details provided below:  Zur Alten Fähre 8, Schleswig, Schleswig Holstein, 24837, Germany

Legal disclaimer

The contents of these pages were prepared with utmost care. Nonetheless, we cannot assume liability for the timeless accuracy and completeness of the information. Our website contains links to external websites. As the contents of these third-party websites are beyond our control, we cannot accept liability for them. Responsibility for the contents of the linked pages is always held by the provider or operator of the pages.

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Data protection

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In general, when visiting the website of DIAVY UG (Haftungsbeschränkt), no personal data are saved. However, these data can be given on a voluntary basis. No data will be passed on to third parties without your consent. We point out that in regard to unsecured data transmission in the internet (e.g. via email), security cannot be guaranteed. Such data could possibIy be accessed by third parties.

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