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Terms & Conditions
1.2. These Terms apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
1.3. Changes to these Terms. DIV. Amsterdam (“DIV. Amsterdam”, “us” or “we”) may modify these Terms at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this website following the posting of changes will indicate your acceptance of those changes.
1.4.The Terms of service include a class action waiver and waiver of jury trials, and require binding arbitration on a individual basis to resolve disputes.
1.5. The terms of service limit the remedies that may be available to you in the event of dispute.
2. DIV. Amsterdam’s ROLE IN ANY TRANSACTION
DIV. Amsterdam acts as an online marketplace that allows designers, artists, creators and retailers (collectively, “Partners”) a platform to advertise and sell consumer merchandise to buyers (“Buyers”). DIV. Amsterdam is not directly involved in the transaction between Buyers and Partners and is not liable for any such transaction. DIV. Amsterdam has no control over the quality, safety, or legality of any item listed, the truth or accuracy of the listings, the ability of Partners to sell items or the ability of Buyers to pay for items. DIV. Amsterdam will, however, use its best efforts to work with a Buyer and a Partner to resolve any dispute you may have with respect to a product you purchased using this website.
For purposes of these Terms, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).
3.2. User Content
All Content added, created, uploaded, submitted, distributed, or posted to the Service by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. Each user owns its own User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. DIV. Amsterdam is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. DIV. Amsterdam has no responsibility or liability for the deletion or accuracy of any User Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. You acknowledge that DIV. Amsterdam has no obligation to pre-screen User Content, although DIV. Amsterdam reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content at any time for any reason.
3.3. Content Changes
All features, content, specifications, products, services, and prices described or depicted on this website are subject to change at any time without notice.
4. ACCURACY OF CONTENT
We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. Please keep in mind that the color of pictures might slightly deviate from the delivered article due to the way you have programmed your screen and the light intensity that was applicable during the photo shoots.
5. USE OF DIV. AMSTERDAM
The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, DIV. Amsterdam and are protected by copyright, trademark and other laws and treaties and may not be used except as permitted in these Terms or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorised use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
You shall not upload to, distribute, or otherwise publish through the website any content, information or other material (a) that violates, misappropriates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) that is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; (c) that includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; (d) that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website; (e) such as a robot, spider or other automatic device, process or means to access the website for any purpose, including to monitor or copy any of the material on the website; and (f) that otherwise attempts to interfere with the proper working of the website. We will have no liability related to the content of any of the foregoing materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.
Certain trademarks, trade names, service marks and logos (collectively, “Marks”) used or displayed on this website are the exclusive property of DIV. Amsterdam and / or our Partners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without our written permission or the written permission of the third party owner.
7. THIRD PARTY LINKS
8. USER INFORMATION
9. LEGAL AGE
Our services are available only to, and may only be used by, individuals who are of an age to form a legally binding contract under applicable law.
10. COPYRIGHT INFRINGEMENT NOTICES
10.1. We respond to clear notices of alleged copyright infringement. Our response to notices alleging infringement may include removing content and terminating users access to our website.
10.2. To file a notice of infringement with us, you must provide the notice by email or post. Send the notice to the following address:
The Netherlands, 1094 HM
Email: [email protected]
10.3. The provider of affected content may make a counter notification. When we receive a counter notification, we may reinstate the material in question.
11. GENERAL PROVISIONS
12. APPLICABLE LAW
This Agreement is governed by, and is to be construed in accordance with, Dutch law. If any dispute arises between DIV. Amsterdam and Buyer or the Buyer and the Partner, the courts of England and Wales shall have exclusive jurisdiction, even if there are multiple defendants or guarantee recourses, and including summary proceedings or court applications.
13.1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
13.2. In deviation of the previous paragraph, the entrepreneur can offer products or services of which the prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link with fluctuations and the fact that any stated prices are target prices are stated in the offer.
13.3. Discount codes
Discount codes cannot be used in combination with current promotions or offers, unless excepted by DIV.Amsterdam. Codes cannot be used on previously placed orders and are not transferable or redeemable for cash or credit. To use a discount code, it must be entered before the order is completed.
13.4. Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
13.5. The prices stated in the range of products or services are inclusive of VAT.
13.6. DIV.Amsterdam is not bound when an incorrect price is indicated. In this situation, Article 3:33 and Article 3:35 of the Civil Code are invoked.
If any term or condition of these Terms shall be deemed to be invalid, void, illegal or unenforceable for any reason, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.
15. NEED MORE HELP?
If you do not understand any of these Terms or if you have any questions or comments, we invite you to contact our customer service department at [email protected].