Terms and Conditions of Use within Devide

Please read these terms and conditions carefully.
In order for us to accept your purchase or order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all the information you need and is happy with. If you are unsure about something, you can reach us in +356 355 05486 or write us an email on [email protected]

Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the customer or you) through Vindorale Ltd whose trading name is Devide a company registered in Malta with company number CC757960 with registered office at
Vindorale Ltd. 30 A, Triq il-Gejza, Swieqi, SWQ 3223, Malta and with a trading address at Calle Jaen 4. San Pedro de Alcantara. Spain, 29670 with email address
[email protected]

2. These are the terms on which we sell all goods to you. By ordering any of the good you agree to be bound by these Terms and Conditions.
Before placing an order on the website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you for any reason wasn’t able to click the button, you will not be able to complete your order. You can only purchase the goods from the website if you are eligible to enter into a contract and are at least 18 years old.


Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally binding agreement between you and us for the supply of the goods;

5. Delivery location means the supplier's premises or other location where the goods are to be supplied as set out in the order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information and allows the unchanged reproduction of the information stored;

7. Goods means the goods advertised on the website that we supply to you of the number and description as set out in the order;

8. Order means the customer's order for the goods from the supplier as submitted following the step by step process set out on the website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the website;

10. Website means our website devide.com on which the goods are advertised.

Goods
11. The description of the goods is as set out on the website, catalogs, brochures or another form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and color of the goods supplied. 

12. In the case of any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

13. All goods which appear on the website are subject to availability. 

14. We can make changes to the goods which are necessary to comply with any applicable law or' safety requirement. We will notify you of these changes. 

Personal information and Registration
15. When registering to use the website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

16. We retain and use all information strictly under the Privacy Policy.

17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale
18. The description of the goods in our website does not constitute a contractual offer to sell the goods. When an order has been submitted on the website, we can reject it for any reason, although we will try to tell you the reason without delay.

19. The order process is set out on the website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the ordering process correctly.

20. A contract will be formed for the sale of goods ordered only when you receive an email from us confirming the order (order Confirmation).
You must ensure that the order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for
any inaccuracies in the order placed by you. By placing an order you agree to us giving you confirmation of the contract by means of an
email with all the information in it (i.e. the Order Confirmation). You will receive the order confirmation within a reasonable time after making the contract, but in any event not later than the delivery of any goods supplied under the contract.

21. Any quotation is valid for a maximum period of 14 days from its date unless we expressly withdraw it at an earlier time.

22. No variation of the contract, whether about the description of the goods, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the customer and the supplier in writing.

23. We intend that these Terms and Conditions apply only to a contract entered into by you as a consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

Price and Payment
24. The price of the goods and any additional delivery or other charges is set out on the website at the date of the order or such other price as we may agree in writing.

25. Prices and charges include VAT at the rate applicable at the time of the order.

26. You must pay by submitting your credit or debit card details with your order or pay via bank transfer and we can take payment immediately or otherwise before delivery of the goods.

27. We will deliver the goods, to the delivery location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, normally not more than 30 days after the day on which the contract is entered into. There will however be pre-launch cases where the goods are not delivered before the good arrive to the supplier.    

28. In any case, regardless of events beyond our control, if we do not deliver the goods on time, you can (in addition to any other remedies) treat the contract at an end if:

a. we have refused to deliver the goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the contract was made, or you said to us before the contract was made that delivery on time was essential; or

b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not
delivered within that period.

29. If you treat the contract at an end, we will (in addition to other remedies) promptly return all payments made under the contract with the exception of pre-launch products.

30. If you were entitled to treat the contract at an end, but do not do so, you are not prevented from canceling the order for any goods or rejecting goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the contract for any such canceled or rejected goods. If the goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

31. If any goods form a commercial unit (a unit is a commercial unit if the division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the order for some of those goods without also canceling or rejecting the order for the rest of them.

32. We do not generally deliver to addresses outside the EU or Europe. If, however, we accept an order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

33. You agree we may deliver the goods in installments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

34. If you or your nominee fail, through no fault of ours, to take delivery of the goods at the delivery location, we may charge the reasonable
costs of storing and redelivering them.

35. The goods will become your responsibility from the completion of delivery or customer collection. You must, if reasonably practicable, examine the goods before accepting them.

36. Risk of damage to or loss of any goods will pass to you when the goods are delivered to you.

37. You do not own the goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy we can choose, by notice to cancel any delivery and end any right to use the goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and cancellation
38. You can withdraw the order by telling us before the contract is made if you simply wish to change your mind and without giving us a reason and without incurring any liability.

39. You can cancel the contract except for any goods which are made to your special requirements (the Returns Right) by telling us no later than
14 calendar days from the day the contract was entered into if you simply wish to change your mind and without giving us a reason and
without liability. Except, in that case, you must return to any of our business premises the goods in undamaged condition at your own
expense. Then we must without delay refund to you the price for those goods which have been paid for in advance, but we can retain any
separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective goods. This Returns Right is
different and separate from the Cancellation Rights below.

40. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods (with no others) in the following circumstances:

a. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;

b. goods that are made to your specifications or are clearly personalized;

c. goods which are liable to deteriorate or expire rapidly.

41. Also, the Cancellation Rights for a contract cease to be available in the following circumstances:

a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery right to cancel.

42. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

43. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.

44. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement setting out your decision (e.g. a letter sent by email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

45. You can also electronically fill in and submit the model cancellation form or any other clear statement of the customer's decision to cancel the contract on our website https://devide.com. If you use this option, we will communicate to you an
acknowledgment of receipt of such a
cancellation in a Durable Medium (e.g. by email) without delay.

46. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period
47. Except as set out below if you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for goods supplied
48. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the goods beyond what is necessary to establish the nature, characteristics, and functioning of the goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement
49. If we have not offered to collect the goods, we will make the reimbursement without undue delay, and not later than:

a. 14 days after the day we receive back from you any goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the goods.

50. If we have offered to collect the goods or if no goods were supplied, we will make the reimbursement without undue delay, and not later than14 days after the day on which we are informed about your decision to cancel this contract.

51. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods
52. If you have received goods in connection with the contract which you have canceled, you must send back the goods or hand them over to us at the return address without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired you agree that you will have to bear the cost of returning the goods.

53. For the purposes of these Cancellation Rights, these words have the following meanings:

a. distance contract means a contract concluded between a trader and a consumer under an organized distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of
distance communication up to and including the time at which the contract is concluded;

b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the
consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity and Guarantee
54. We have a legal duty to supply the goods in conformity with the contract, and will not have conformed if it does not meet the following obligation.

55. Upon delivery, the goods will:

a. be of satisfactory quality;

b. be reasonably fit for any particular purpose for which you buy the goods which before the contract is made, you made known to us
(unless you do not actually rely or it is unreasonable for you to rely on our skill and judgment) and be fit for any purpose held out by us or set out in the contract; and

c. conform to their description.

56. It is not a failure to conform if the failure has its origin in your materials.

57. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the goods. This guarantee will take effect at the time the goods are delivered, and will not reduce your legal rights.

58. We will provide the following after-sales service: details of the after-sales services, give details of the after-sales services, e.g. "The supplier will support the customer in installing and activating their new equipment".

Successors and our sub-contractors
S9. Either party can transfer the benefit of this contract to someone else and will remain liable to the other for its obligations under the contract.
The supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party
60. In the event of any failure by a party because of something beyond its reasonable control:

a. the party will advise the other party as soon as reasonably practicable; and

b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be
liable for any failure which it could not reasonably avoid, but this will not affect the customer's above rights relating to the delivery and any
right to cancel, below.

Privacy
61. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

62. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://devide.com/?loadpage=privacy) and cookies policy (https://devide.com/?loadpage=privacy).

63. For the purposes of these Terms and Conditions:


a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data including but not limited to the Directive
9S/46/EC (Data Protection Directive) or the GDPR.

b. 'GDPR' means the General Data Protection Regulation (EU) 2016/ 679.

c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

64. We are a Data Controller of the Personal Data we process in providing goods to you.

65. Where you supply Personal Data to us so we can provide goods to you, and we process that Personal Data in the course of providing the goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data we will identify the purposes for which information is being collected;

b. we will only Process Personal Data for the purposes identified;

c. we will respect your rights in relation to your Personal Data; and

d we will implement technical and organizational measures to ensure your Personal Data is secure.

66. For any inquiries or complaints regarding data privacy you can contact our Data Protection Officer at the following e-mail address:
[email protected]

Excluding liability
67. The supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or
breach of the supplier's other legal obligations. Subject to this, the supplier is not liable for (i) loss which was not reasonably foreseeable to
both parties at the time when the contract was made, or (ii) loss (e.g. loss of profit) to the customer's business, trade, craft or profession which would not be suffered by a consumer - because the supplier believes the customer is not buying the goods wholly or mainly for its business tradecraft or profession.

68. The contract (including any non-contractual matters) is governed by the law of Malta.

69. Disputes can be submitted to the jurisdiction of the courts of Malta


70. We try to avoid any dispute, so we deal with complaints in the following way: Set out your complaints policy, e.g. "If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days".


The Concept

Devide is a closed club for its Brand Ambassadors. It is owned by Vindorale Limited ("Devide"). Devide has developed a system to create brands and and products and market them through the Brand Ambassadors.

At Devide we are dedicated to help you achieve your own personal success.

For this reason, we have invested considerable time and money in developing a compensation plan that gives every Brand Ambassador the best opportunity for own success, creating sustainable wealth through our Bonus Share System (BSS) as well as network marketing success. Above you can read about the other terms and conditions that are applicable for all Brand Ambassadors in Devide that purchase one of our Brand Boxes.

By accepting these terms and conditions, you agree to comply with the terms and conditions above under "Other terms and conditions applicable for you as a Brand Ambassador" and you are aware of and agree that Devide can change or modify the terms and conditions as well as the compensation plan upon their sole decision. Your continuously log-in at your secured back-office, referring Brand Ambassadors and receiving bonuses is a consent from you that you accept the modified or changed terms and conditions and compensation plan. You can at any time chose to not continue to be a Brand Ambassador and you are aware that no refund will be given when the cooling off period is finished or terminated due to the terms below. If a Brand Ambassador decides to cancel the Brand Ambassador contract, all value collected in the Bonus Share System (BSS), except for value already taken out of the BSS as ownership in various companies or brands, will not be paid back.

To become a Brand Ambassador you need to have the eligible age in the country where you are resident for this type of business. However minimum age is 18 years to become a Brand Ambassador.

As a Brand Ambassador, you are solely responsible to pay any tax that arises out of the bonuses paid to you based on the compensation plan.

As a Brand Ambassador, you are not an employee, nor an agent of Devide.

At this moment you can not join as a Brand Ambassador if you don’t have an European address. Devide will open up more countries in the near future.

Devide prohibits the marketing practice commonly referred to as "Spam". All messages that originate from you as a Brand Ambassador must comply with all applicable laws in your jurisdiction as well as with general spam regulations.

The use of the Devide name and logo for marketing purposes shall only be used as described by Devide and using approved Devide material.

If you as a Brand Ambassador breach against these terms and conditions or if Devide can suspect that you breach against these terms and conditions, Devide can either suspend or terminate your status as a Brand Ambassador. A suspension will temporarily disable your access to your back-office and your chance to utilize any of the benefits that a Brand Ambassador in Devide has. If the final decision is to restore your status as a Brand Ambassador you will be able to access your back-office again. If the final decision is to terminate you as a Brand Ambassador you can not claim any part of your paid education. Any unpaid bonuses will also be forfeited and Devide may also take other legal actions against you.

The Brand Ambassadorship is personal and you may not assign or sub-assign your Brand Ambassadorship without prior written consent by Devide. This includes but is not limited to, sale, transfer, pledge or give power of attorney to any rights or obligations according to these terms and conditions or compensation plan.

Nothing in these terms and conditions provides the Brand Ambassador with the right, license, authorization or approval to make binding agreements with any person or entity on behalf of Devide. Furthermore you are NOT authorised to receive or collect funds on behalf of Devide, from any person that signs up as a Brand Ambassador and pay for neither any Education programme, nor for any other products or services that Devide from time to time offer the Brand Ambassadors. All payments must be made directly to Devide or authorized party that acts on behalf of Devide.

In the event that any provision of these terms and conditions or compensation plan shall be invalid, illegal or otherwise unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.