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Terms & conditions

Terms & Conditions: Sales Channels 1)

To which channels CAN I sell Divine Products?

Authorized Retailers (AR's):

  • Your own physical and/or online stores, sales fairs & bazzars, stands in markets.
  • Friends and family, facebook, etc…

Authorized Wholesalers (AW´s):

  • Any retailer that meets an AR basic criteria outlined in this document

To which channels I CANNOT sell Divine Products?

Authorized Retailers (AR´s):

  • To other retailers. AR´s are ONLY authorized to sell to final consumers
  • Amazon.com, ebay.com, mercadolibre.com or any other of these major ecommerce sites.

Authorized Wholesalers (AW´s):

  • Any retailer that DOES NOT meet an AR basic criteria outlined in this document
  • To other AW's.
  • Amazon.com, ebay.com, alibaba.com, mercadolibre.com or any other of these major ecommerce site.

 

Terms & Conditions: Order Managment 1)

Can I take pre-orders from my clients?

Authorized Retailers (AR´s):

  • NO. Taking pre-orders from clients is NOT allowed. AR´s can only sell what they have in stock for immediate delivery.

Authorized Wholesalers (AW´s):

  • NO. Taking pre-orders from AR´s or final consumers is NOT allowed. AW´s can only sell what they have in stock for immediate delivery.

What if my clients want something I don´t have in stock?

Authorized Retailers (AR´s)

  • This happens all the time at any store worldwide. The best way to go is to take note of that particular item and order it the next time or to refer to any other AR that might have the style the client wants.

Authorized Wholesalers (AW's):

  • Should an AR want some style(s) that the AW don´t have in stock, AW´s can always refer them to Divine to see if Divine has them in stock in the Sri Lanka Warehouse.
  • For final consumers, proceed as the AR

 

Terms & Conditions: Brand Utilization1)

How should I use any graphic material to give the best use to the brand?

  • AR/AW´s can only use the brand name, logo and graphic material provided by Divine and they cannot modify or change any of this graphic material.
  • Divine brand name and logo should always appear along with the product in any graphic material or product showing.
  • AR/ AW´s should always promote and work along with Divine to build the Divine brand.

How should I manage communications and media?

  • The use of the Divine brand to name facebook pages, twitter accounts is prohibited.
  • The use of the Divine brand to name a new website is also prohibited.
  • AR/AW´s shall not engage in mass media such as television, radio, print and social media, for publicity of the brand without prior approval of Divine.
  • AW´s must provide Divine with a list of their clients (AR´s) in order to build a customer base and work together to build the brand.

 

Terms & Conditions: Intellectual Property 1)

  • All trademarks, trade names, logos, figures, designs, copyrights and other names used, licensed or approved by the Company in relation to the products (intangible assets) are of the sole and exclusive ownership of the Company. Neither the Distributors, nor any of its subsidiaries, shall acquire any rights, title or interest in or regarding any of the marks, or any derivation, adaptation or modification thereof, whether currently existing or created thereafter. Any use by the Distributor of the Intangible Assets shall result exclusively in benefits for the Company.
  • The Distributor cannot use any of the intangible assets of the Company or of any of its parts, or of any brand or name that is confusingly similar thereto, as part of its corporate or business name, or in any other way, except ( 1 ) on letterhead, visitor cards and the signs for identifying itself as an authorized distributor of the Company, and ( 2 ) in sales and promotional materials, provided such materials have been previously approved by the Company.
  • The Distributor undertakes to collaborate with the protection of the intangible assets and shall inform the Company immediately of any undue use thereof.

 

Terms & Conditions: Return and order cancellation policy 1)

What is the Returns Policy?

  • The Distributor shall have a term of thirty (30) consecutive days, as of the receipt of the products, to report any defects arising in any of the units received.
  • In case of any defect found at the Distributor warehouse, if the total amount of defective products are higher than 2% of the total order, the Company will indemnify the Distributor only in the excess above that 2% by a credit note that will be issued and discounted from future orders.

What happens if I placed an order but I want to cancel it?

Authorized Retailers (AR's)

  • If cancellation occurs prior to delivery and the cargo is still in the warehouse, we will charge and keep a penalty of 3% of the total amount of the invoice.
  • No cancellations will be accepted if the merchandise is already sent and left the warehouse.

Authorized Wholesalers (AW´s):

  • If cancellation occurs between the moment when payment of 50% has been made and the ExFactory date (date when order is ready), we will charge and keep a penalty of 15% of the total amount of the invoice of the total order (50% deposit + 50% for the rest)

 

Failure to meet any of the terms and conditions set forth herein may result in permanent suspension of business relationship.

 

1) Subject to change over time.