Terms of service

OVERVIEW
Welcome to Divortex USA! The terms "we", "us" and "our" refer to Divortex USA, operated by Setkim USA Inc. Divortex USA operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Divortex USA is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device and its settings.
We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted in our online store.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
Always read and follow the label directions, warnings and Safety Data Sheet (SDS) for each product. Use products only for their intended purpose.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Divortex USA reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Divortex USA confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Divortex USA may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are not for resale unless you have a written dealer agreement with us.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping or handling charges.
Prices posted in our online store may be different from prices offered by our dealers or in stores operated by third parties. We may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store, and to promptly update your account and other information so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your card issuer, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
Shipping rates, processing times and delivery areas are described in our Shipping Policy. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you; damaged or lost packages are handled as described in our Shipping Policy and Refund Policy.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Divortex USA, its affiliates or licensors and are protected by U.S. and foreign intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent. All rights not expressly granted herein are reserved by Divortex USA.
Divortex, DVX and related names, logos, product names, designs, and slogans are trademarks of Setkim Kimya or its affiliates. You must not use such trademarks without prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over. Such tools are provided "as is" and "as available" without any warranties or endorsement, and any use of them is entirely at your own risk. New features offered through the Services in the future are also subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, or content on any third-party websites. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Divortex USA is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Divortex USA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Divortex USA, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Divortex USA.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy (https://www.shopify.com/legal/privacy/app-users). By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you.

SECTION 11 - FEEDBACK
If you submit ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to your Feedback, that you have disclosed any compensation or incentives received in connection with it, and that it complies with these Terms. We have no obligation to keep Feedback confidential, to pay compensation for it, or to respond to it. We may, but have no obligation to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, misleading or otherwise objectionable.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any laws or regulations; (c) to infringe upon our intellectual property rights or the rights of others; (d) to harass, abuse, defame or harm any person; (e) to transmit false or misleading information; (f) to send spam or other unsolicited promotional material; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts anyone's use of the Services or may harm Divortex USA, Shopify or users of the Services.
You also agree not to upload malicious code, scrape or copy the Services, collect the personal information of others, or interfere with or circumvent the security features of the Services. We reserve the right to suspend or terminate your account at any time, without notice, if we determine that you have violated these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Sections that by their nature should survive termination will continue to apply.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY DIVORTEX USA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL DIVORTEX USA, SETKIM USA INC., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, INCLUDING DAMAGE RESULTING FROM USE OF A PRODUCT CONTRARY TO ITS LABEL DIRECTIONS, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Divortex USA, Setkim USA Inc., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies posted by us on this site constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, United States. You and Divortex USA consent to venue and personal jurisdiction in the state and federal courts located in Broward County, Florida.

SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info.usa@divortex.com.tr.
Setkim USA Inc.
3303 SW 12th Ave, Fort Lauderdale, FL 33315, United States
Phone: (305) 645-3271
Email: info.usa@divortex.com.tr