1. Application of Terms and Conditions of Sale

      1. By using eDiva.com to make online purchases of the Products from eDiva Holdings Ltd. (“eDiva”), the Customer agrees to be bound by and accepts these Terms and Conditions of Sale (hereafter referred to as “Terms and Conditions” or “this Agreement”).
      2. In these Terms and Conditions:
        1. “Customer” means any person ordering Products online from eDiva.com and who has not entered into a separate formal purchase agreement with eDiva which is signed by eDiva;
        2. “Products” means any goods or services supplied by eDiva and sold through the eDiva.com website
        3. “Purchase Order” means the purchase order completed by the Customer, which Purchase Order forms part of this Agreement; and
        4. “Ship to Address” means the address provided by the Customer in the Purchase Order.
    2. Purchase Price and Payment Terms

      1. All prices are quoted in US dollars and all payments shall be made by credit card. The full purchase price is due and payable at the time of order. Such payment is subject to the approval of the financial institution issuing the credit card and eDiva shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.
      2. The Customer is responsible for all sales, use, goods and services, harmonized sales, and other taxes associated with the order. Unless the Customer provides eDiva with a valid and correct tax exemption certificate applicable to the product ship-to location prior to eDiva’s acceptance of the order, the customer is responsible for sales and other taxes associated with the order, however designated. If applicable, a separate charge for taxes will be shown on eDiva’s invoice.
      3. Although eDiva strives to provide accurate product and pricing information, errors or misprints may occur. eDiva cannot confirm the price of a Product until after the Customer orders the Product. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, eDiva shall have the right, at its sole discretion, to refuse or cancel any orders, or part of an order placed or subsequently processed by eDiva for that Product and terminate the purchase agreement without further liability. In the event that a Product is priced in error or a Product information error occurs, eDiva may, at its sole discretion, contact the Customer for instructions, cancel the Customer’s order and notify the Customer of such cancellation, terminate the purchase agreement and/or correct the error on eDiva’s website.
    3. Product Availability

      1. Product availability may be limited. Products ordered may not be available for immediate delivery. eDiva reserves the right, without liability or prior notice, to revise or cease to make available any or all Products. If there are any revisions to or cessation of Products, eDiva may, with the Customer’s consent, ship Products which have similar functionality and specifications to the Products originally ordered. The Customer will be given the opportunity to either reject or accept the substitute Product and price for the substitute Product which may differ from the price of the original Product.
    4. Shipment and Packing

      1. eDiva will only ship Products to addresses located in the United States: Products shipped may not be re-routed by the Customer.
      2. Prices quoted include charges for shipping and handling.
      3. Products shall be packed in a reasonably suitable manner and delivered to the Ship to Address.
      4. eDiva may deliver the Products ordered in installments.
      5. Any delivery or shipment dates given by eDiva are estimates only and eDiva is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with the given delivery or shipment date. If we are unable to ship within 30 days of your order we will notify you and provide you with the option to cancel your order.
    5. Title and Risk of Loss or Damage

      1. Title to the Products remains with the eDiva until payment in full has been received.
      2. Risk of loss or damage to the goods passes to the Customer on delivery to the Ship to Address provided by the Customer.
    6. Inspection of Products

      1. Products are subject to inspection by the Customer immediately upon delivery to the Ship to Address. The Customer may reject the Products and require their replacement if the Products are damaged, incomplete or otherwise not in material compliance with their description or specification if the Customer notifies eDiva by email at support@ediva.com within seven (7) calendar days of delivery of such Products to the Ship To Address. If the eDiva is unable to replace the Product(s), the Customer may terminate this Agreement with no further liability or obligation to eDiva. Any returns of Product(s) pursuant to this section 6 shall be returned pursuant to the terms of section 7 below.
    7. Return Policy

      1. The Customer will be able to return a Product for a replacement or refund if the Customer strictly adheres to all of following the terms and conditions:
        1. Subject to the terms and conditions herein, Products may be returned within twelve (12) months of the Customer’s invoice date.
        2. All eligible returns require prior authorization by eDiva. The Customer must contact eDiva by email at support@ediva.com to receive instructions on how to return the Product to eDiva, and the Customer must then return the Product according to such instructions within fourteen (14) calendar days of obtaining such instructions.
        3. Except for Products returned pursuant to section 6, all Products must be in “as new” condition, in original packaging, and with all warranty cards, manuals, and accessories (if applicable). eDiva reserves the right to inspect and reject returns.
        4. In order to receive a full refund of the purchase price paid for returned Products, all Products sold together as part of an eDiva promotional offer (a “bundle”) must be returned at the same time. If a Customer chooses to return only part of a bundle, eDiva will subtract the list price of the Product(s) being returned from the total list price of the bundle and, if the Customer paid more than such resulting amount, eDiva will refund the over-payment to the Customer.
        5. Products must be returned with all shipping and insurance charges pre-paid by the Customer. The Customer will not be reimbursed for such charges, except where the Product is being returned because it is deemed defective by eDiva and the Product is returned according to the instructions provided by eDiva.
        6. Refunds on purchases made with a credit card will only be credited to the same card.
        7. After receipt and inspection of the Products returned in compliance with all of the above terms, a refund will be issued.
    8. Exchange Policy

      1. The Customer will be able to exchange a purchased Product for a replacement Product if the Customer strictly adheres to all of the following terms and conditions:
        1. Subject to the terms and conditions herein, Products may be exchanged if they are returned to the eDiva within twelve (12) months of the Customer’s invoice date.
        2. All eligible exchanges require prior authorization by eDiva. The Customer must contact eDiva by email at support@ediva.com to receive instructions on how to return the Product to eDiva for exchange, and the Customer must then return the Product in accordance with such instructions within fourteen (14) calendar days of obtaining such instructions.
        3. All Products returned for exchange must be in “as new” condition, in original packaging, and with all warranty cards, manuals, and accessories (if applicable). eDiva reserves the right to inspect and reject returns.
        4. If a Customer chooses to exchange one Product for another Product, eDiva will subtract the purchase price of the Product being returned from the list price of the Product being exchanged for (the “New Product”) and, if the Customer paid more than such resulting amount, eDiva will refund the over-payment to the Customer.
        5. Products must be returned with all shipping and insurance charges pre-paid by the Customer. The Customer will not be reimbursed for such charges, except where the Product is being returned because it is deemed defective by eDiva and the Product is returned according to the instructions provided by eDiva.
        6. Refunds on purchases made with a credit card will only be credited to the same card.
        7. fter receipt and inspection of the Product returned for exchange in compliance with all of the above terms, and processing of payment, if any, for the New Product, eDiva will deliver the New Product to the Customer, which New Product will be subject to these Terms and Conditions except that such New Product may not be further exchanged and returned by the Customer pursuant to section 7 or 8.

  1. Limited Warranty

    1. eDiva warrants the Products to be free from defects in material and workmanship existing at the time of manufacture for a period of one year from the date delivery to the Ship To Address. If such a defect is discovered during the limited warranty period, we will, at our sole option, repair or replace your product at no cost to you.

      This limited warranty does not cover claims resulting from misuse, failure to follow the instructions on maintenance and use, abuse, alteration, involvement in an accident, and normal wear and tear.

      THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DURATION OF ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS EXPRESSLY LIMITED TO THIS LIMITED WARRANTY PERIOD.

      Some states do not allow limitations on how long an implied warranty lasts; therefore, the above limitations and exclusions may not apply to you.

      THE CUSTOMER’S EXCLUSIVE REMEDY FOR BREACH OF THIS LIMITED WARRANTY OR OF ANY IMPLIED WARRANTY OR OF ANY OTHER OBLIGATION ARISING BY OPERATION OF LAW OR OTHERWISE SHALL BE LIMITED AS SPECIFIED HEREIN TO REPAIR OR REPLACEMENT, AT EDVIA’S SOLE OPTION. IN ANY EVENT, RESPONSIBILITY FOR SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES IS EXPRESSLY EXCLUDED.

      Some states do not allow an exclusion or limitation of special, incidental or consequential damages, therefore, that limitation or exclusion may not apply to you.

      This limited warranty gives you specific legal rights, and you may have other rights that vary from state to state.

    2. THE CUSTOMER MUST STRICTLY COMPLY WITH eDIVA’S CURRENT CARE INSTRUCTIONS FOR ANY PRODUCTS PURCHASED. eDIVA’S CURRENT CARE INSTRUCTIONS ARE LOCATED AT http://www.ediva.com/faqs/. eDIVA RESERVES THE RIGHT TO CHANGE THESE CARE INSTRUCTIONS WITHOUT NOTICE TO THE CUSTOMER.
  2. Not for Resale

    1. The Customer agrees and represents that it is buying the Product(s) for its own personal use within Canada and/or the United States and not for resale.
  3. Invalidity of Provisions

    1. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
  4. Notices

    1. Notices may be sent by registered mail, fax or other electronic form to the addresses specified in the Purchase Order, and will be effective on the same day with respect to notice by fax or other electronic form and two business days if sent by registered mail.
  5. Governing Law

    1. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable thereto, other than rules regarding conflict of laws. The courts of the Province of British Columbia shall have exclusive jurisdiction to entertain any legal proceedings arising under this Agreement.
  6. Interpretation

    1. Where the context requires, the singular includes the plural and vice versa, and the masculine, feminine, and neuter include each other. If two or more individuals or entities comprise the Customer, the liability of each of them under this Agreement is joint and several.
  7. Entire Agreement

    1. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or other agreements, understandings and representations between the parties.