Terms and Conditions of Sale

These Terms and Conditions of Sale (“Terms”) govern all purchases of products and services made through the Divine website or through any direct sales channel operated by Divine Design Inc. (“Divine,” “we,” “us,” or “our”).

By placing an order, submitting payment, or purchasing any product from Divine, you agree to be bound by these Terms.

1. Products and Availability

Divine produces limited-quantity garments and related products, many of which are made to order or produced in small batches.

• All products are subject to availability.
• We reserve the right to limit quantities, discontinue products, or modify product specifications at any time without notice.
• Images and descriptions are provided for illustrative purposes and may not represent the final delivered product exactly.

2. Orders and Acceptance

All orders are subject to acceptance by Divine.

• We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to product availability, errors in pricing or descriptions, or suspected fraud.
• If an order is canceled after payment has been processed, a refund will be issued to the original payment method.

3. Pricing and Payment

You are responsible for following all provided care instructions.

• Improper use, modification, or failure to follow care guidance may result in damage and void any applicable warranties or remedies.
• Divine is not responsible for damage caused by misuse, alterations, or third-party repairs.
• Any opening of the garment lining or tampering with embedded technology immediately voids all applicable warranties.

4. Taxes

Sales tax will be collected where required by applicable U.S. law. You are responsible for any additional taxes, duties, or fees imposed by state or local authorities.

5. Shipping and Delivery

Delivery timelines are estimates only and are not guaranteed.

• Production and shipping times may vary due to limited manufacturing runs, custom work, or unforeseen circumstances.
• Divine is not responsible for delays caused by carriers, customs, weather, or events outside our control.
• Risk of loss passes to you upon delivery to the carrier.

Shipping address accuracy is the responsibility of the customer.

6. Returns, Exchanges, and Cancellations

Due to the limited and often custom nature of Divine products:

• All sales are final, unless otherwise stated in writing.
• Custom, made-to-order, or personalized items are not eligible for return, exchange, or refund.
• Any exceptions must be approved by Divine in writing at our sole discretion.
• If a product arrives damaged or defective, you must notify Divine within 7 days of delivery with supporting documentation. Approved remedies may include repair, replacement, or refund at Divine’s discretion.

7. Product Care and Use

You are responsible for following all provided care instructions.

• Improper use, modification, or failure to follow care guidance may result in damage and void any applicable warranties or remedies.
• Divine is not responsible for damage caused by misuse, alterations, or third-party repairs.
• Any opening of the garment lining or tampering with embedded technology immediately voids all applicable warranties.

8. Technology and Embedded Components

Some Divine products may contain embedded technology, electronics, or software components.

• These components are designed to function as described but are provided “as is” and may be subject to limitations.
• Divine does not guarantee uninterrupted or error-free operation of embedded technology.
• Software features may change, be updated, or discontinued without notice.

You acknowledge that technology performance may vary based on usage, environment, and third-party platforms.

9. Intellectual Property

All content, designs, products, technology, software, text, images, and trademarks associated with Divine are the exclusive property of Divine or its licensors.

• Purchase of a product does not grant any license or ownership rights in Divine intellectual property.
• You may not copy, reproduce, distribute, modify, or exploit any Divine materials without prior written consent.

10. Limitation of Liability

To the fullest extent permitted by U.S. law:

• Divine shall not be liable for any indirect, incidental, consequential, or special damages arising out of or related to the purchase or use of any product.
• Divine’s total liability for any claim shall not exceed the amount paid by you for the product giving rise to the claim.

Some states do not allow limitations on certain damages; in such cases, limitations apply to the maximum extent permitted by law.

11. Disclaimer of Warranties

All products are provided “as is” and “as available.”

• Divine disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except where prohibited by law.

12. Indemnification

You agree to indemnify and hold harmless Divine and its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses arising from your breach of these Terms or misuse of Divine products.

13. Force Majeure

Divine shall not be liable for delays or failure to perform resulting from events beyond our reasonable control, including but not limited to natural disasters, labor disputes, supply chain disruptions, or government actions.

14. Changes to These Terms

Divine reserves the right to update or modify these Terms at any time. Updated Terms will be posted on our website and will apply to future purchases.

15. Contact Information

For questions regarding these Terms or your purchase, please contact us at contact@divine.design