We provide services to you subject to the notices, terms, and conditions set forth in this agreement. Besides, you will obey the rules, guidelines, policies, terms, and conditions applicable to such services before you use them. We reserve the right to change this site and these terms and conditions at any time.
Before proceeding, please read this agreement because accessing, browsing, or otherwise using the Site indicates your agreement to all the terms and conditions in this agreement.
Welcome to the Divaunicorn Online Store (the “Store”) provided by Divaunicorn LLC, a Wyoming corporation whose principal place of business is at 30 N Gould Street, Sheridan, WY 82801, United States (“Lavish Land” or “we”). Your purchase from the Store constitutes your agreement to be bound by these Terms of Sale and any terms incorporated by reference, including the Return Policy, the terms of any limited warranty offered by Divaunicorn (whether online or accompanying the product) and any other applicable terms in our Warranty Center (“Terms”).
YOUR PURCHASE REQUIRES THAT YOU AGREE TO THE TERMS. IF YOU DO NOT UNDERSTAND THE TERMS OR DO NOT ACCEPT ANY PART OF THEM, DO NOT PLACE AN ORDER.
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under 18 years old please use this Site only under the supervision of a parent or legal guardian. Subject to the terms and conditions of this agreement, hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping and not for any commercial use or use on behalf of any third party, except as explicitly permitted by divaunicorn.com in advance. Any violation of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Unless explicitly permitted by our company in advance, all materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business. We reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable laws or is harmful to our interests. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by our company in writing.
You shall not upload, distribute, or otherwise publish through this Site any Content, information, or other material that (a) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under the laws of the U.S. or the laws of any other country that may apply; or (c) violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.
Divaunicorn.com may give you an account identification and password to enable you to access and use certain portions of this Site. Each time you use a password or identification, you are deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this agreement, and Divaunicorn.com has no obligation to investigate the source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Divaunicorn.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Please refer to our Privacy Policy for more information on how Divaunicorn collects, uses and shares the information we receive from you.
Divaunicorn may provide information about you to third parties to detect, prevent or otherwise address fraud, security or technical issues.
By providing a credit card or other payment method accepted by Divaunicorn, you represent and warrant that you are authorized to use the designated payment method, and you authorize our third-party payment processor to charge your payment method for the total amount of your order (including any applicable taxes and other charges detailed at checkout). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
Divaunicorn reserves the right to reject all or part of an order or a return request and may refuse to ship products to you if we detect suspicious or fraudulent activity in violation of these Terms.
All prices displayed on the Store are subject to change at any time without notice. Applicable taxes will be presented at checkout or on the Order description page, and such taxes are estimated and may be subject to change until you are charged.
We may not be able to deliver to all locations. Please consult our Shipping Page for locations to which we will deliver your order. If Divaunicorn does not ship an order to the address you provided, you will be sent a notice and you will not be charged for your order.
If an Order cannot be successfully delivered to you, the Order should be returned to Divaunicorn. In that case and once Divaunicorn receives the return shipment, you will not be charged for the Order (or charges already incurred will be reversed using the initial payment method in your Divaunicorn account), but you may be charged for shipping (and such charges may not be reversed). If an Order is not successfully delivered because we or a delivery agent made a mistake, you will not be charged at all and all charges will be reversed.
If you do not receive your Order, please contact Divaunicorn Store Support.
If you do not receive your order after Divaunicorn has made 2 delivery attempts (for example the package has been lost or stolen before you receive it), Divaunicorn may require a signature confirmation on the delivery and will replace the Order as opposed to issue a refund.
Any delivery dates or times provided by Divaunicorn (or a delivery agent) are estimates only and are not guaranteed.
All products offered on the Divaunicorn Store are subject to availability. We reserve the right to discontinue offering certain products without prior notice.
Certain products have quantity limits. You may not order more than the maximum number of products that we specify on a product page or in a product description. For example, the product description or product page may contain a maximum order limit for a particular product.
We try very hard to make sure there are no mistakes in the prices that appear on the Divaunicorn Store. In the unlikely event that a mistake happens, you agree that Divaunicorn will not be bound by that incorrect price and may cancel your order. If a mistake is discovered and you haven’t been charged yet, we will let you know the correct price, and you will be given the option to continue with your order at the correct price or cancel it.
Divaunicorn may offer promotions or promotional prices for the sale of products. If so, any terms applicable to such promotional offers or prices will govern the offer.
The Order may be subject to import and export laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply in connection with the Order. These laws may include restrictions on destinations, users, and end use.
You must comply with our Return Policy here if you want to return an order for a refund.
If the product is or becomes defective through no fault of your own, you may have statutory rights such as repair or replacement of the defective product, or in some cases, a price reduction, or the right to cancel the contract for a refund. Please always refer to the manufacturer for any manufacturer warranty, as described in the Warranty Center.
If you have a defective product, please contact Divaunicorn Store Support.
If the product is manufactured by a third party, Divaunicorn may refer you to the applicable manufacturer of the product for support with product defects.
If Divaunicorn provides you with a replacement, you agree that Divaunicorn may exchange the defective product with a new or refurbished product. If Divaunicorn provides you with an advanced replacement product before we receive your defective product, and you do not return the defective product within the time communicated to you in notification emails, you authorize Divaunicorn to charge your original form of payment for the full value of the replacement product.
Nothing in this section affects your legal rights under statutory or applicable laws. Unless otherwise required under applicable laws, Divaunicorn may only provide warranty support for products manufactured by Divaunicorn that are located in a supported country, as described in the Country Availability Page.
OTHER THAN THE WARRANTIES REFERRED TO IN THE WARRANTY CENTER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIVAUNICORN AND THE PRODUCT MANUFACTURERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIVAUNICORN AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING SUPPLIERS (COLLECTIVELY, “DIVAUNICORN PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE ORDER OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A DIVAUNICORN PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN ADDITION, IF YOU PURCHASED INSTALLATION SERVICES PROVIDED BY A THIRD PARTY ON THE DIVAUNICORN STORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DIVAUNICORN BE LIABLE FOR ANY DAMAGES, INCLUDING ANY PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE INSTALLATION SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DIVAUNICORN PARTIES’ TOTAL LIABILITY IN CONNECTION WITH THE ORDER OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO DIVAUNICORN UNDER THESE TERMS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. DIVAUNICORN DISCLAIMS ALL LIABILITY OF ANY KIND OF DIVAUNICORN’S LICENSORS AND SUPPLIERS.
Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Prepaid Divaunicorn Store credit (“Store Credit”) including courtesy credits and promotional balances, are valid only for users who are 18 years of age or older, and who are residents of the USA.
The Store Credit may only be used for purchases of eligible items on the Divaunicorn Store. Limits may apply to redemption and use. The Store Credit is not redeemable for cash or other cards, is not refundable, cannot be combined by you with other non-Divaunicorn Store balances in your Divaunicorn account, and cannot be resold, exchanged or transferred for value, except as required by law. If you have insufficient Store Credit to pay for an item, you may use an additional valid form of payment to complete your transaction. Any unused Store Credit will remain in your Divaunicorn Store balance, and refunds will be credited back to your Store Credit balance for future use under the same terms, unless otherwise required by law. To view your Store Credit balance, visit the account page. No fees or expiration dates apply to Store Credit.
Divaunicorn is not responsible if Store Credit is stolen or used without your permission. Divaunicorn will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Store Credit is redeemed and/or used to make purchases. Divaunicorn makes no express warranties on Store Credit and disclaims all implied warranties, including warranties of merchantability or fitness for a particular purpose, on Store Credit. In the event a Store Credit is non-functional, your sole remedy and Divaunicorn’s sole liability will be the replacement of such Store Credit, subject to applicable law. If you live in a state which disallows limitations of liability, disclaimers of implied warranties, or disallows the exclusion or limitation of certain damages, then some or all of the disclaimers may not apply to you, and you may have additional rights. These Store Credit terms may be subject to change in our sole discretion subject to applicable law.
(a) Generally. It’s in both of our interests to resolve disputes in the quickest and most cost-effective way. If any dispute arises that relates to these Terms or any Product that you purchase from the Store (regardless of the type of dispute, but subject to a few exceptions below), you and Divaunicorn agree to resolve it through binding arbitration. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury, but arbitrators can award the same damages and remedies that a court can award. This agreement to arbitrate is subject to and governed by the Federal Arbitration Act (“FAA”) and is intended to be broadly interpreted. It includes, for example:
any disputes relating to these Terms or your purchase of an Order and/or Subscription Services from the Store;
any disputes based on the product warranty or based on product defects whether or not the product is under warranty;
and this agreement to arbitrate applies:
whether your dispute is with Divaunicorn, its subsidiaries, affiliates or parent company, or any suppliers or service providers involved with the Order, and their officers, directors, employees, agents and successors; and
regardless of the legal theory on which you base your claim (such as breach of warranty, breach of contract, negligence, etc.).
For disputes or claims relating to your Product, this agreement to arbitrate supersedes any terms regarding dispute resolution in any other agreement between you and Divaunicorn and contains the whole agreement between us with respect to disputes or claims relating to your Product.
(b) Exceptions. However, you and Divaunicorn: (i) may still bring an individual action in small claims court; (ii) may still pursue an enforcement action through a federal, state, or local agency if that action is available; and (iii) must file suit in court to address an intellectual property rights infringement claim (as set forth in Section 23(k) below). Also, nothing in this agreement to arbitrate bars either of us from bringing issues to the attention of federal, state, or local agencies.
(c) Rules. The American Arbitration Association (“AAA”) will administer the arbitration and will do so according to its Consumer Arbitration Rules (the “AAA Rules”). You can see the AAA Rules and filing forms online at www.adr.org.
(d) Process. Here are the steps you and Divaunicorn agree to follow:
Send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (or international equivalent) or, only if the other party hasn’t provided a current physical address, then by electronic mail. Divaunicorn’s address for notice is:
Divaunicorn
Legal Department – Divaunicorn Store Arbitration
30 N Gould Street, Sheridan, WY 82801, United States
The notice has to include, if available: (i) the name of the person making the claim, (ii) the type of Product, as applicable, (iii) the serial number of the Product, as applicable, (iv) the email address used to place the Order, as applicable, (v) a description of the nature and basis of the claim, (vi) the result that is desired (e.g., an amount of money), and (vii) the case number(s) assigned by Divaunicorn to track previous attempts to resolve the dispute, if there is one.
We each agree to try to resolve the claim, but if we can’t do that within 60 days after the notice is received, you or Divaunicorn may initiate an arbitration proceeding by following the AAA Rules. Unless the parties agree otherwise, your demand for arbitration must be sent to Divaunicorn’s address for notice set forth in this Section 23(d) and entitled “Demand for Arbitration.” Divaunicorn will send demands for arbitration to you at the e-mail address provided in the notice of the dispute.
During the arbitration, the amount of any settlement offer made by you or Divaunicorn may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any).
If you win in the arbitration and are awarded an amount that exceeds the last written settlement amount offered by Divaunicorn before the arbitrator was appointed, Divaunicorn will pay you: (i) the amount awarded by the arbitrator and (ii) your reasonable attorney’s fees incurred during the arbitration proceedings.
(e) Fees and Hearing Location. If you are the one who commences arbitration, Divaunicorn will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the AAA Rules will determine who pays that fee. Unless the parties agree otherwise, any arbitration hearing will take place (at your option) in Sheridan County or the county (or parish) of your current address. However, if the claim is for $10,000 or less, you may decide whether you want the arbitration to be conducted instead: (i) only on the basis of documents or (ii) through a telephone hearing. If the arbitrator decides that either the substance of your claim or the remedy you asked for is frivolous or brought for an improper purpose, then we’ll use the AAA Rules to determine whether you or Divaunicorn is responsible for the filing, administrative and arbitrator fees.
(f) No Class Actions. By agreeing to arbitration, to the fullest extent legally permissible, we each may bring claims relating to these Terms, your Product only in our individual capacities and not in a class action. Also, to the fullest extent legally permissible, the arbitrator can’t consolidate claims into a class proceeding either. The arbitrator may award injunctive relief only in favor of you, the individual party seeking relief, and only to the extent necessary to provide relief that is warranted by your individual claim, and not any remedy that affects other Divaunicorn customers or users. However, if a court decides that applicable law precludes enforcement of any of this section’s limitations as to a particular claim for relief or remedy (such as declaratory or injunctive relief), then that claim or remedy (and only that claim or remedy) must be severed from the arbitration and must be brought in the state or federal courts located in Sheridan County, Wyoming, while the remaining claims and remedies (such as individual damages or restitution) will still be resolved through binding arbitration.
(g) Enforceability. All issues in the dispute are for the arbitrator to decide, except that only a court may decide issues relating to the scope and enforceability of this agreement to arbitrate, whether a dispute can be arbitrated, or the interpretation of this agreement to arbitrate. Except as provided in Section 23(f), if any provision of this agreement to arbitrate is found unenforceable, that provision will be severed and the balance of this agreement to arbitrate will remain in full force and effect. If for some reason the entirety of this agreement to arbitrate is found to be unenforceable, then it won’t apply, and you and Divaunicorn agree to resolve disputes in the state or federal courts as set forth in Section 23(k). Judgment on an arbitration award may be entered by any court having jurisdiction.
(h) Confidentiality. The arbitrator shall honor all evidentiary privileges recognized at law, and shall enter orders as appropriate in order to protect the parties’ trade secrets or confidential information. With respect to any information exchanged between us in connection with the arbitration, we agree to maintain either party’s trade secrets or proprietary business information as confidential and to protect the confidentiality of any other information (such as private customer information) that is legally protected from disclosure. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
(i) Return. You have the right to return your Product in accordance with our Return Policy as referenced in Section 16 if you don’t agree with this agreement to arbitrate. If you decide to return your Product, you must return it in accordance with the Return Policy referenced in Section 16, including within the applicable return period set forth in the Return Policy (unless a longer period is required by applicable law).
(j) Future Changes to this Agreement to Arbitrate. If Divaunicorn makes any changes to this agreement to arbitrate (other than a change to Divaunicorn’s address for notice), you may reject any of those changes by notifying Divaunicorn via the process set forth in Section 23(d) within 30 days of the change. By rejecting a future change, you are agreeing to arbitrate any dispute between us in accordance with the language of the last version of the agreement to arbitrate that you accepted.
(k) Governing Law and Judicial Forum for Non-Arbitrable Disputes. These Terms are governed by the FAA and (only to the extent not inconsistent with the substantive and procedural provisions of the FAA), the laws of the State of Wyoming, without regard to conflicts of laws principles. The arbitrator will not be bound by rulings in other arbitrations involving Divaunicorn to which you are not a party. Other than claims that must be resolved through binding arbitration (or that may be brought in small claims court), any disputes relating to these Terms or your Product (e.g. an intellectual property rights infringement claim under Section 23(b)(iii), or if the entirety of this agreement to arbitrate is found to be unenforceable by a court under Section 23(g)) will be litigated exclusively in the federal or state courts of Sheridan County, Wyoming; the parties consent to personal and exclusive jurisdiction in these courts.
The Terms in effect at the time you place an order will apply to such order and product. Divaunicorn reserves the right to make changes to these Terms from time to time, and any such changes will apply to future orders.
Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
