Terms & Conditions | Divani.Store

These Terms govern the use of divani.store and any other Agreement or legal relationship with the Owner in a binding manner. Terms with initial capital letters are defined in the relevant section of this document.

The User is requested to read this document carefully.

The party responsible for divani.store is: 
Homit srl - Via Ennio Flaiano snc | 64013 - Corropoli (TE)

Owner’s email address: 
support@divani.store

Key information at a glance

The right of withdrawal applies only to European Consumers.
Please note that certain provisions of these Terms may apply only to some categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. If there is no such mention, the clauses apply to all Users.

Terms of use

Unless otherwise specified, the terms of use of divani.store set out in this section are of general applicability.
Additional terms of use or access applicable in specific situations are expressly indicated in this document.

By using divani.store, the User declares that they meet the following requirements:

There are no restrictions on Users as to whether they are Consumers or Professional Users.

Registration

To use the Service, the User may open an account by providing all the requested data and information completely and truthfully. The Service can also be used without registering or creating an account. In that case, however, certain features may not be available.

It is Users’ responsibility to keep their access credentials secure and to preserve their confidentiality. To this end, Users must choose a password that meets the highest level of security available on divani.store.

By creating an account, the User agrees to be fully responsible for all activity carried out using their access credentials. 
Users must inform the Owner immediately and unambiguously using the contact details provided in this document if they believe their personal information—such as the User account, access credentials, or personal data—has been compromised, unlawfully disclosed, or stolen.

Account closure

The User is free to close their account and stop using the Service at any time by following this procedure:

By contacting the Owner using the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right to suspend or delete a User’s account at any time at its sole discretion and without notice, should it consider it inappropriate, offensive, or contrary to these Terms.

The suspension or deletion of the account does not grant the User any right to compensation, refund, or indemnity.

The suspension or deletion of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on divani.store

Unless otherwise specified or clearly recognizable, all content available on divani.store is owned by or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on divani.store does not violate applicable law or third-party rights. However, it is not always possible to achieve this. In such cases, without prejudice to rights and claims that may be pursued by law, Users are asked to address the relevant complaints to the contact details specified in this document.

Rights to content on divani.store

The Owner holds and expressly reserves all intellectual property rights over the above-mentioned content.

Users are not authorized to use the content in any way other than what is necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/disposing to third parties, or creating derivative works from the content available on divani.store, or from allowing third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on divani.store, the User is authorized to download, copy and/or share certain content available on divani.store exclusively for personal and non-commercial purposes, provided that authorship attribution is observed, as well as the indication of any other relevant circumstances required by the Owner.

The limitations and exclusions provided for by copyright law remain in force.

Access to external resources

Through divani.store, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not liable for their content or availability.

The terms applicable to resources provided by third parties, including those applicable to any grants of rights over content, are determined by those third parties and governed by their relevant terms and conditions or, in their absence, by law.

Permitted use

Divani.store and the Service may be used only for the purposes for which they are offered, under these Terms and in accordance with applicable law.

It is the User’s sole responsibility to ensure that use of divani.store and/or the Service does not violate the law, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to divani.store or the Service, terminate contracts, and report any objectionable activity carried out through divani.store or the Service to the competent authorities – e.g., the judicial or administrative authority – whenever the User carries out, or is suspected of carrying out:

violations of laws, regulations and/or the Terms;
infringements of third-party rights;
acts that may considerably harm the Owner’s legitimate interests;
offenses against the Owner or a third party.

Sales terms and conditions

Paid Products

Some of the Products offered on divani.store as part of the Service are subject to a fee.

The fees, duration, and conditions applicable to the sale of such Products are described below and in the respective sections of divani.store.

Product description

Prices, descriptions, and availability of Products are specified in the respective sections of divani.store and are subject to change without notice.

Although the Products on divani.store are presented with the highest level of accuracy technically possible, the representation on divani.store by any means (including, as applicable, graphic materials, images, colors, sounds) is to be considered as a mere reference and does not imply any warranty regarding the characteristics of the purchased Product.

The features of the selected Product will be specified during the purchase procedure.

Purchase procedure

Each stage, from selecting the product to submitting the order, is part of the purchase procedure. The purchase procedure includes the following steps:

Users are asked to choose the desired Product so that it appears in the purchase selection, indicating, where possible, quantities and specific features.
Users can review their selection, edit, add, or remove items and, where applicable, provide specific instructions (for example, “send it with a gift receipt”).
To access the checkout area, Users must click the relevant button.
Within the checkout area, Users will be asked in successive steps to provide their contact details, billing and shipping address, and a shipping and payment method of their choice.
During the checkout process, Users may, at any time, change, correct or replace the information provided and add a gift card, an affiliate code or a discount code (Voucher), or abandon the checkout process altogether without any consequences.
After providing all required information, Users are requested to carefully review the order and then confirm and submit it using the relevant button or mechanism on divani.store, thereby accepting the Terms and undertaking to pay the agreed price.

Submitting the order

Submitting the order entails the following:

The submission of the order by the User results in the conclusion of the contract and gives rise to the User’s obligation to pay the price, taxes and any additional charges and costs, as specified on the order page.
If the purchased Product requires active input from the User, such as providing information or personal data, specifications or special requests, submitting the order also creates an obligation for the User to cooperate accordingly.
Once the order has been submitted, Users will be sent an order receipt confirmation.

All notifications relating to the checkout process described above will be sent to the email address provided by the User for that purpose.

Prices

During the checkout process and before the order is submitted, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.

Prices on divani.store:

depending on the section the User is viewing, include all applicable fees, taxes and costs, or are shown net of applicable fees, taxes and costs.

Payment methods

Details of the accepted payment methods are highlighted during the checkout process.

Some payment methods are subject to additional conditions or involve extra costs. Detailed information is provided in the relevant section of divani.store.

All payments are handled independently by third-party services. Therefore, divani.store does not collect payment-related data – such as credit card numbers – but receives a notification once the payment has been successfully completed.

If a payment made using one of the available methods fails or is rejected by the payment service provider, the Owner is not obliged to fulfil the order. Any costs or fees resulting from a failed or rejected payment shall be borne by the User.

Installment payment

The purchase price may be paid in two or more instalments, within the terms specified on divani.store or otherwise communicated by the Owner. 
Certain Products may be excluded from this payment method. If the User is in default on even a single instalment, the entire amount due will become immediately due and payable. Default interest will accrue on the overdue and unpaid amount at the current statutory rate pursuant to Legislative Decree 231/2002. The Owner also reserves the right to suspend production or delivery of the Product until payment has been fully brought up to date.

Retention of title

Until the Owner receives payment of the full purchase price, the User does not acquire ownership of the ordered Products.

Production

How long will it take to process my order?

Order shipping times depend on the type and availability of the items you selected. Most of our products are made to order specifically for your purchase; therefore, delivery times may vary depending on the availability of raw materials and external factors beyond our company’s control.

The average timeframe for producing one of our products is 3 to 8 weeks.

Delivery times are indicative and not binding. No compensation for direct or indirect damages may be claimed for missed or delayed delivery.

Order cancellation and deposits

If the User cancels the order after production has started, for customised products not subject to the right of withdrawal pursuant to Art. 59(c) of the Consumer Code, the Owner reserves the right to retain the deposit or down payment paid as reimbursement for production costs already incurred, unless otherwise agreed in writing between the parties. If no down payment has been made, the User will be required to pay the Owner an amount equal to the production costs actually incurred up to the time of cancellation.

Delivery

Divani.Store offers different delivery options: standard, upstairs delivery with assembly, and also collection of the used product.

Deliveries are made to the address provided by the User and according to the methods indicated in the order summary.

Whatever type of shipping is selected, it is the user’s responsibility to make sure that the product they are purchasing fits into their home or place of use. They must also ensure that there are no difficult conditions for the installers, blocked access, narrow spaces, or other obstacles that could prevent the product from passing through properly.

It is the User’s sole responsibility to ensure that the delivery location is suitably accessible for the transport vehicles and the personnel in charge of delivery. By way of example and without limitation, the User must check in advance: the suitability of the road access (width, height and load capacity of the roads, any transit bans or limited traffic zones); the availability of parking or unloading areas in the immediate vicinity of the property; the absence of physical obstacles that could prevent or hinder delivery and/or assembly operations.

If, at the time of delivery, unsuitable or unforeseen access conditions are found — including, by way of example, roads that cannot be used by delivery vehicles, lack of adequate manoeuvring space, or any other circumstance that makes it necessary to use additional vehicles, equipment, or staff not предусмотрено — the related extra costs will be entirely borne by the User and invoiced separately. HOMIT SRL declines all liability for delays, failed deliveries, or additional costs arising from delivery-site conditions not communicated in advance or not compliant with what is necessary to carry out the standard service.

If delivery is impossible for the reasons described above and the product must be returned to the warehouse, the costs of returning the goods, as well as any re-delivery costs for a second attempt, may be charged to the User.

At the time of delivery, Users must check the contents of the package. Any visible damage must be reported in writing directly to the carrier at the time of delivery, making a specific reservation on the delivery note or transport document. Hidden damage must be reported to the Owner within 8 days from the delivery date, failing which the right will be forfeited, using the contact details provided in this document. Users may refuse to accept the package if it is visibly damaged.

Delivery may take place in the countries or territories specified in the relevant section of divani.store.

Delivery times are indicated on divani.store or during the purchase procedure.

Failure to deliver

The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions made by the User when completing the purchase order, nor for any damage or delays occurring after delivery to the carrier if the latter was appointed by the User.

If the goods are not delivered or collected at the agreed time or within the set deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, any delivery attempt from the second onwards will be at the User’s expense.

Force Majeure

The Controller is not liable for delays or failure to perform orders resulting from force majeure, including, by way of example: strikes, natural disasters, supply chain disruptions, unavailability of raw materials, regulatory restrictions, or any other unforeseeable event beyond the Controller’s reasonable control. In such cases, delivery times are automatically extended for the duration of the impediment. The Controller will inform the User without undue delay of the occurrence of such circumstances.

User rights

Right of withdrawal

Unless an exception applies, the User may have the right to withdraw from the contract within the time limit specified below (normally 14 days) for any reason and without justification. The User can find further information about the right of withdrawal in this section.

Pursuant to Art. 59, letter c) of the Consumer Code, the right of withdrawal is excluded where the goods sold have been made “to measure” or “customized” based on the end customer's choices.

Any product made in a size, finish, or upholstery not included in the original product sheet will be considered a customized product, as it is made specifically for the customer based on their choice.

“Original product sheet” means the basic configuration presented on divani.store at the time of the order. Any selection of an upholstery variant, color, size, or finish made by the User during the order process makes the product a customized product pursuant to Art. 59, letter c) of the Consumer Code, with the consequent exclusion of the right of withdrawal.

Who has the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers have, by law, the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without having to provide a justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

Exercising the right of withdrawal

To exercise the right of withdrawal, the User must send the Controller an unequivocal statement of their intention to withdraw from the contract.

To that end, the User may use the standard withdrawal form available in the definitions section of this document. However, the User is free to express their intention to withdraw from the contract in any other suitable way. In order to meet the period within which the right must be exercised, the User must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

In the event of a purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by them and different from the carrier – takes possession of the goods.
In the event of a purchase of multiple goods ordered together but delivered separately, or in the event of a purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by them and different from the carrier – takes possession of the last of the goods, lots, or pieces.

Effects of withdrawal

The Owner refunds all payments received, including, where applicable, those relating to delivery costs, to Users who have correctly exercised the right of withdrawal.

However, any additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner shall be borne by the User.

The refund will be made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same payment method used for the initial transaction. The User shall not incur any costs as a result of the withdrawal.

… on contracts for the purchase of tangible goods

Unless the Owner has offered to collect the goods, the User must return them to the Owner or to another person authorized by the Owner to receive them without undue delay and in any case within 14 days from the day on which they communicated their intention to withdraw from the contract.

The deadline is met if the goods are handed over to the carrier or another authorized person before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided evidence that they have been returned.

The User is liable for any reduction in the value of the goods resulting from handling the goods other than what is necessary to establish their nature, characteristics, and functioning.

Return shipping costs are borne by the User.

The Product must be returned in its original packaging or in equivalent packaging suitable to ensure its integrity during transport. If the Product is returned without adequate packaging or with damage attributable to negligence during transport arranged by the User, the Owner reserves the right to deduct from the refund an amount corresponding to the reduction in the value of the item, up to the full value of the Product if it is unusable or cannot be resold.

Warranties

Statutory conformity warranty for the Product

STATUTORY WARRANTY
This is to be understood as the statutory warranty as governed by Legislative Decree of 2 February 2002 no. 24 implementing EEC Directive 1999/44 and complies with the provisions of art. 1519 septies c.c.. With this warranty, the consumer protection rights provided by the rules on the sale of consumer movable goods are expressly recognized. The consumer may therefore assert these rights against the seller under the conditions and within the time limits provided by the aforementioned legislation and by this statutory warranty. The item is warranted for a period of 2 years from the date of purchase.

In any case, to exercise the warranty, the party concerned must notify the seller in writing of the lack of conformity within 2 months from the date it is discovered, under penalty of forfeiture. This warranty does not apply in any case of improper use of the item. In particular, the warranty does not cover any indentations in upholstered surfaces used that are less than 20 mm, as such values are considered normal due to the settling of padding subjected to the weight of the human body (tolerances and measurements in accordance with UNI EN 10707 and UNI EN 1334 standards).

This warranty also does not cover non-conformities due to negligence and/or carelessness in use, such as failure to follow the use and maintenance instructions.

PRODUCT IMAGES AND TECHNICAL DATA SHEETS
Product images are for illustrative purposes only. The dimensions shown in the technical section are approximate and may vary (tolerance of +/- 2%). The company reserves the right to make technical and production changes and updates to this model without notice

SOFA BEDS
Sofa beds come with a 2-year statutory warranty on the opening mechanisms for lack of conformity directly attributable to manufacturing defects.
In addition to the 2 years provided by current regulations, we apply an extended warranty for the mechanisms, which varies depending on the product range.
Any squeaking of the bed base is not covered under warranty services.

MATTRESSES
Current regulations provide that the warranty for a purchased item lasts two years.
The mattress’s class is indicated on the manufacturing label sewn onto the side band of the mattress itself. If the class is not shown on the label, the statutory warranty is deemed to apply.
As already stated in the previous paragraph, the warranty does not apply in cases of indentations of the used surfaces of less than 20 mm, as such values are considered normal due to the settling of padding subjected to the weight of the human body (tolerances and measurements compliant with UNI EN 10707:2003 and UNI EN 1334:1998). The tolerance for mattress width and length measurements is +/- 2 cm (tolerances compliant with UNI EN 10707:2003 and subsequent amendments; measurements compliant with UNI EN 1334:1998).

The warranty also does not include any loss of thickness of the used surfaces of less than about 20 mm, as such values are considered normal due to the settling of padding subjected to the weight of the human body (+/- 5% of the height, tolerances compliant with UNI 10707 and subsequent amendments; measurements compliant with UNI EN 1334:1998).

The warranty, lastly, does not cover pilling formation.
For the warranty to be valid, the label showing the barcode, size, and model must remain attached to the mattress;

REPAIR SERVICES AND REPLACEMENT COMPONENTS NOT COVERED BY WARRANTY
If the repair service required is not covered by the warranty, the Customer may still request it upon receipt of a cost estimate. The costs of transporting the product to the company and returning it to the Customer, in the event of replacement, warranty repair, and out-of-warranty repair, are borne by the Customer.
Please note that the warranty does not cover non-conformities due to negligence or carelessness in use—such as failure to follow the instructions for use and maintenance—or transport damage, or in any case due to circumstances that cannot be attributed to manufacturing defects and/or non-conformity of the product.
If Users act as European Consumers, the statutory guarantee of conformity of goods applies to items available on divani.store in accordance with the laws of the country in which they usually reside.

The national laws of that country may grant such Users broader rights.

Consumers who do not act in the capacity of European Consumers may be entitled to statutory conformity warranty rights under the laws of the country in which they usually reside.

Limitation of liability and indemnification

Limitation of liability

To the maximum extent permitted by applicable law, in no event may the Owner and its subordinates, affiliates, officers, agents, co-owners of the trademark, partners, suppliers, and employees be held liable for

any indirect, intentional, incidental, special, consequential, or exemplary damages, including, by way of example and not limitation, damages arising from loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service, or the User account, or any information contained therein;
any errors, deficiencies, or inaccuracies in the content;
personal injury or property damage of any nature arising from the User’s access to or use of the Service;
any unauthorized access to the Owner's secure servers and/or to any personal information stored therein
any interruption or cessation of transmissions from or to the Service;
any bugs, viruses, trojans, or the like that may be transmitted to or through the Service;
any error or omission in any content, or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
the defamatory, offensive, or unlawful conduct of any User or third parties. In no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the trademark, partners, suppliers, and employees be held liable for any claim for compensation, proceeding, liability, obligation, damage, loss, or cost in an amount exceeding that paid by the User to the Owner during the preceding 12 months, or for the term of this Agreement between the Owner and the User, whichever is shorter.
This limitation of liability section applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the Owner had been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental and consequential damages; therefore, the above limitations or exclusions may not apply to the User. These Terms grant the User specific legal rights, and the User may also have other rights that vary from jurisdiction to jurisdiction. The waivers, exclusions, or limitations of liability set out in these Terms do not apply beyond the limits provided by applicable law.

Indemnification

The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the trademark, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debts, and expenses, including, without limitation, legal fees and expenses arising from

the User’s use of or access to the Service, including any data or content transmitted or received by the User;
the User’s violation of these Terms, including, by way of example but not limited to, any breaches by the User of any representation or warranty provided under these Terms;
the User’s violation of any third-party rights, including, but not limited to, any right related to privacy or intellectual property;
the User’s violation of any applicable law, rule, or regulation
any content submitted from the User’s account, including, by way of example but not limited to, misleading, false, or inaccurate information, including where access is made by third parties using the User’s personal username and password or other security measures, where present;
the User’s willful misconduct; or
the violation of any legal provision by the User or their affiliates, officers, agents, co-owners of the trademark, partners, suppliers, and employees, to the extent permitted by applicable law

Common provisions

No implied waiver

The Owner’s failure to exercise statutory rights or claims arising from these Terms does not constitute a waiver of those rights. No waiver may be considered final with regard to a specific right or any other right.

Service interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates, or any other changes, providing appropriate notice to Users.

To the extent permitted by law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will take steps to ensure that Users can extract their Personal Data and information in accordance with legal provisions.

In addition, the Service may not be available due to causes beyond the Owner’s reasonable control, such as force majeure (e.g., strikes, infrastructure malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit divani.store or the Service, in whole or in part, without the prior written consent of the Owner, given directly or through a legitimate reseller program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of divani.store.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents, and models relating to divani.store are held exclusively by the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

All trademarks—word or figurative—and any other distinctive sign, business name, service mark, illustration, image, or logo that appear in connection with divani.store are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Amendments to the Terms

The Owner reserves the right to amend the Terms at any time. In that case, the Owner will duly inform Users of the amendments.

The amendments will affect the relationship with the User only going forward.

Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the amendments, they must stop using the Service. Failure to accept the updated Terms may result in either party being entitled to withdraw from the Agreement.

The previously applicable version continues to govern the relationship until the User accepts it. That version may be requested from the Owner.

If required by applicable law, the Owner will specify the date by which the amendments to the Terms will take effect.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract individual or all rights and obligations under these Terms, taking into account the Users’ legitimate interests.

The provisions concerning amendments to these Terms apply.

The User is not authorized to assign or transfer their rights and obligations under the Terms without the Owner’s written consent.

Contact

All communications concerning the use of divani.store must be sent to the contact details provided in this document.

Safeguard clause

If any of the provisions of these Terms is or becomes null or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause the remaining provisions to become ineffective, and they therefore remain valid and effective.

European users
If any provision of these Terms is or becomes null, invalid, or ineffective, the parties will work to amicably identify a valid and effective provision to replace the null, invalid, or ineffective one. If no agreement is reached within the above time limits, if permitted or provided for by applicable law, the null, invalid, or ineffective provision will be replaced by the applicable statutory provision.

Without prejudice to the foregoing, the nullity, invalidity, or unenforceability of a specific provision of these Terms does not render the entire Agreement void, unless the void, invalid, or unenforceable provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract had they known the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.

US Users
Any invalid or unenforceable provision will be interpreted and adjusted to the extent necessary to make it valid, enforceable, and consistent with its original purpose. These Terms constitute the entire agreement between the User and the Owner with regard to the subject matter governed and prevail over any other communications, including any prior agreements, between the parties relating to the subject matter governed. These Terms will be enforced to the fullest extent permitted by law.

Applicable law

The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict-of-laws rules.

Exception for European Consumers

However, notwithstanding the foregoing, if the User acts as a European Consumer and has their habitual residence in a country whose law provides a higher level of consumer protection, that higher level of protection shall prevail.

Court of competent jurisdiction

Exclusive jurisdiction over any dispute arising out of or in connection with the Terms lies with the court of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers
The above does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway, or Iceland.

Dispute resolution

Amicable settlement of disputes

Users may report any disputes to the Owner, who will try to resolve them amicably.

Without prejudice to Users’ right to bring legal action, in the event of disputes relating to the use of divani.store or the Service, Users are requested to contact the Owner using the contact details provided in this document.

The User may send a complaint to the Owner’s email address provided in this document, including a brief description and, where applicable, the details of the relevant order, purchase, or account.

The Owner will handle the request without undue delay and within 21 days of receiving it.

Consumer dispute resolution platform

The European Commission has introduced an online platform for alternative dispute resolution that promotes the out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, every European Consumer may use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.

Definitions and legal references

Divani.store (or this Application)
The framework that enables the provision of the Service.

Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Business User
Any User who does not match the definition of Consumer.

Voucher
Any code or voucher, digital or paper, that allows the User to purchase the Product at a discounted price.

European (or Europe)
Defines a User who is physically present in or has their registered office in the European Union, regardless of nationality.

Model withdrawal form
Addressed to:
Homit srl - Via Ennio Flaiano snc | 64013 - Corropoli (TE) support@divani.store
I/We hereby give notice of withdrawal from my/our contract of sale for the following goods/services:
_____________________________________________ (insert here a description of the goods/services from which you intend to withdraw)
• Ordered on: _____________________________________________ (insert the date)
• Received on: _____________________________________________ (insert the date)
• Name of the consumer(s):_____________________________________________
• Address of the consumer(s):_____________________________________________
• Date: _____________________________________________
(sign only if this form is served in paper version)

Owner (or Us)
Refers to the natural or legal person who provides divani.store and/or offers the Service to Users.

Product
A good or service that can be purchased through divani.store, such as a tangible good, digital files, software, booking services, etc.
The sale of a Product may be part of the Service, as defined above.

Service
The service offered through divani.store as described in the Terms and on divani.store.

Terms
All conditions applicable to the use of divani.store and/or the provision of the Service as described in this document, as well as in any other document or agreement linked to it, in their most up-to-date version respectively.

User (or You)
Refers to any natural person who uses divani.store.

Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to their business, commercial, craft, or professional activity.