OVERVIEW

This website is operated by davvia. Throughout the Website, the terms “we”, “us” and “our” refer to davvia. davvia offers this Website, including all information, tools, and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website or placing an order from this website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service, and our privacy policy. This includes, without limitation, accepting the terms relating to disclaimer of warranties, damage and remedy exclusions and limitations, and California choice of law as wet forth herein. If you do not agree to all the terms and conditions of this agreement or our privacy policy, whether in whole or in part, then please do not access the website or use any services or place an order. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Before You click on the “contact us” or “book a free consultation” buttons please carefully read these Terms and our Privacy Statement. By using this Website or contacting us through it, You are consenting to be bound by these Terms and our Privacy Statement. If You do not agree to all of the Terms and the Privacy Statement, do not place an order. These Terms constitute an agreement between you (hereinafter, “you” or “your”) and davvia, a corporation incorporated under the laws of California, United States with its head office at 9506 Cornwall dr, Huntington Beach, California, 92646, United States, doing business as davvia (hereinafter, “us,” “our,” “we,” or “davvia”) in relation to your use of the Website, the goods and services offered and sold through the Website, and any orders you place through the Website (collectively, the “davvia Services”). You may contact us via the contact information provided on our “Contact Us” webpage on the Site or email us at goavvia@gmail.com

Any new features or tools which are added to the current store shall also be subject to the 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 of Service by posting updates and/or changes to our Website. Because these terms are subject to amendment, You should carefully read them prior to placing an order. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

If You have any questions about the Terms or the Privacy Policy, You may access our Website or contact us through our contact webform or email us at goavvia@gmail.com

davvia is a registered USA company, registered at 9506 Cornwall dr, Huntington Beach, California, 92646, United States.

SECTION 1 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 – ONLINE STORE TERMS

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, or that you are 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 this Website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 3 – USE OF OUR WEBSITE

These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement from us. These Terms are important for both You and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, You unreservedly accept these Terms, having read them.

You agree that:

(1) you may only use the website to make legitimate inquiries or orders;

(2) you will not make any speculative, false, or fraudulent orders. If we are reasonable of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities;

(3) you also agree to provide correct and accurate e-mail, postal, and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Statement for more information on how we use your personal information);

(4) if you do not give us all of the information that we need, we may not be able to complete your order;

(5) you will not attempt to interfere or will not interfere in any way with the Website’s networks, or related network security, or attempt to use the Website’s service to gain unauthorized access to any other computer system;

(6) you will not use the Website to communicate, transmit, or post material that infringes on the intellectual property, privacy, or publicity right of another person or entity;

(7) you will not use the Website to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, provincial, national, or international law or regulation; and

(8) by placing an order through the Website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts. We may impose rules for, and limits on, use of the Website, or restrict your access to the Website, in whole or in part. We have the right to change these rules and/or limitations at any time, in our sole and absolute discretion.

SECTION 4 – HOW THE CONTRACT IS FORMED

The information set out in the Terms and the detail contained on this Website does not constitute an offer for sale but rather an invitation to bargain. No contract (“Contract”) in respect of the purchase of a product offered on the Website shall exist between you and us until your order has been accepted by us and we send you the order confirmation. If we do not accept your offer and funds have already been deducted from your account, the funds will be fully refunded.

To place an order, You will be required to follow the shopping process online and press the “Place Order” button to submit the order. After this, You will receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us for personal use and not for resale purposes. All orders are subject to acceptance by us, and we will confirm such acceptance to You by sending You an email that confirms that the product has been dispatched (the “Shipment Confirmation”). The contract for the purchase of a product between us (Contract) will only be formed when we send You the Shipment Confirmation.

The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other product(s) which may have been part of your order until the dispatch of such product(s) has been confirmed in a separate Shipment Confirmation.

For all purchases made through the Website, you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided.

SECTION 5 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Website.

SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 7 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to cancel your order or give you information about substitute products of an equal or higher quality and value which You can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.

SECTION 8 – REFUSAL OF ORDER

We reserve the right to withdraw any product from this Website at any time and/or remove or edit any materials or content on this Website at any time. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.

We will not be liable to you or any other third party by reason of our withdrawing any product from this Website, whether it has been sold or not, removing or editing any materials or contents on this Website, or for refusing to process or accept an order after we have sent You the Order Confirmation. In addition, we may also terminate, change, suspend or discontinue any aspect of the Website.

SECTION 9 – MANUFACTURING

davvia Services

The davvia Services are made up of different services provided through the Website.

If you want to turn your 3D Model into reality, you can place an order with us and we will manufacture it for you at your direction. At a charge of a service price and price for the substance used for the 3D Model, we manufacture the 3D Model for you in our materials and ship it to you.

Account Terms

You represent and warrant that you are at least 18 years of age to use these Services. If you are under 18 years of age, you may use davviago.com only with the involvement of a parent or guardian. Children under 13 years old are not allowed to use these Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.  You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Ordering

(a) Placing an order. To order the 3D Model you designed or purchased, you select the 3D Model. Then you can select the quantity of the 3D Model you order and, if applicable, the material you want the 3D Model to be made of. As the next step, we ask you to provide us with information we need for the delivery of the 3D Model. Finally, you will be prompted for information required to initiate the payment. Depending on the payment method you select you may be redirected to a third party payment provider website. Please be informed that the language to be used during the whole ordering process is English.

Intellectual Property Rights of 3D Designs

You, as an individual, retain all your intellectual property rights in the 3D Models you supplied to us, including without limitation any and all derivative works like 3D renders that are provided by you. Except for the rights and licenses with respect to your 3D Models specified below, davvia shall not use, modify or display your 3D Models or derivatives thereof. By supplying us with your 3D Models, you represent and warrant that it is your original creation and not copied from any third party and/or entity. You further represent and warrant that you have all rights to grant the below licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

By uploading your 3D Model, you grant davvia a non-exclusive, royalty free, worldwide, transferable, and sub-licensable right and license (i) to use your 3D Model for the manufacturing of your 3D Model in order to fulfill your order; (ii)to use your 3D Model for the manufacturing of your 3D model in order to fulfill orders of your 3D Model made through davvia’s Fulfillment services, (iii) to generate and display 3D renders of your 3D Model; without limitation for the internal testing and educational purposes of davvia and davvia’s manufacturing partners.

We retain the right to review and refuse any order when it, in our sole and exclusive discretion, appears to infringe third party intellectual property rights, or in our discretion the 3D Model does not comply with our Terms.

Things That are Prohibited with davvia

Prohibited items generally fall into two categories: weapons and obscenity. While no list can be comprehensive, the following do’s and don’t should help you understand our rules.

Weapons Don’ts

davvia does not produce guns, realistic gun replicas, or gun games (airsoft, paintball). This includes parts that make up guns or could be assembled into guns or realistic gun replicas (including grips with integrated magazine wells).

davvia does not produce disguised blades (i.e. swords hidden in canes), switchblades (including hidden blades), gravity knives, or undetectable knives.

Obscenity Don’ts

davvia does not print or manufacture models that embrace sexual violence.

davvia does not print or manufacture models that focus on genitalia without a larger context.

davvia does not print or manufacture models designed to denigrate living beings.

davvia does not print or manufacture models that represent or endorse hate speech.

davvia does not print or manufacture models that depict minors in a sexual manner.

davvia does not print or manufacture models that depict sexual acts.

SECTION 10 – FAILURE TO PAY, ABANDONED ACCOUNT, LIQUIDATION

Failure to promptly pay Service Fees is a material breach of this Agreement. If your Service Fees (or any other amounts owed to davvia remain unpaid for a period greater than thirty (30) days, then davvia reserves the right, at its sole discretion, to terminate this Agreement, suspend its performance of Services, and/or reclassify your Account as an “Abandoned Account.” Additionally, any Account that remains unpaid for greater than sixty (60) days will automatically be deemed an Abandoned Account. TO THE FULLEST EXTENT PERMITTED BY LAW, UPON AN ACCOUNT BECOMING AN ABANDONED ACCOUNT, ALL RIGHTS TO OWNERSHIP OF THE ACCOUNT BALANCE AND GOODS WILL IMMEDIATELY BE FORFEITED BY YOU TO davvia LLC. GOODS WILL BECOME IMMEDIATELY AND IRREVOCABLY UNAVAILABLE TO YOU, AND LIQUIDATION PROCEEDINGS WILL BEGIN. You agree such Goods would be free and clear of liability, and that you would assume any liability therefore. You will remain liable for any pending Service Fees above and beyond the liquidation proceeds.

DEFINITIONS

In these terms and conditions, the following definitions apply:

a- “CAD File(s)” means the computer aided design file(s) and/or drawing(s) prepared by Supplier for the purposes of implementing the project at the request of the customer;

b- “Customer” means a person whose Order for the purchase of goods or services is accepted by the Supplier;

C- “Intellectual Property Rights” means intellectual property rights at any time protected by statute or common law, including copyright, trademarks, patents, and registered designs;

“Supplier” means davvia LLC or any of its Related Bodies Corporate or their respective assigns trading under various firm names or styles;

GENERAL

a- Unless otherwise specifically agreed in writing by the Supplier, where any terms and conditions of the Customer’s Order are inconsistent with these terms and conditions, then these terms and conditions will prevail. Any variations or additions to these terms

b- A quotation shall not constitute an offer to sell goods or services to the Customer. No contract for the supply of goods or services shall exist between the Supplier and the Customer until a Customer’s Order for goods or services has been accepted by the Supplier (such acceptance of Customer’s orders may be made and communicated by the Supplier in writing or by overt act of acceptance). The Supplier may accept or refuse any Order for goods or services in its absolute discretion and may make its acceptance of an Order conditional upon it receiving a satisfactory credit assessment of the Customer. and conditions not expressly agreed to in writing by the Supplier are expressly rejected by the Supplier.

1. Should there be any variation to any of the information supplied by the Customer to the Supplier or in the structure or nature of the Customer’s business (such as a conversion to or from a Company or Trust) the Customer shall forthwith notify the Supplier in writing within 28 days of the variation occurring.
2. These terms and conditions and all obligations hereunder shall be binding on the Customer’s personal representatives, successors and permitted assigns and shall be for the benefit of the Supplier’s successors and assigns.

SECTION 11 – PRICING AND PAYMENT

Notwithstanding any prior acknowledgment by the Supplier of the price of goods, the prices specified for goods or services may at the Supplier’s option be subject to alteration to reflect the Supplier’s prices and charges in effect at the time of delivery. In respect of castings, fabricated metal, and custom orders, the Customer acknowledges that weights quoted by the Supplier at the time of order are approximate and that Supplier prices quoted for these items are therefore estimates only. The relevant price per gram will be locked in at the time a Customer order is dispatched. The Customer will be charged for and agrees to pay for the value of the actual weight dispatched by the Supplier in respect of all casting and fabricated metal orders at the locked in price per gram.

Any variations in the invoice or contract price as a consequence of currency fluctuations, taxes, delivery and freight charges, customs duty or other imposts shall be to the Customer’s account.

Unless otherwise agreed to by the Supplier, the only accepted means of paying accounts will be by cash, bank cheque,  or electronic funds transfer, all without any deduction.

Abnormal payments: where payments are made that are not made in accordance with clause 4(e) the Customer will also pay the Supplier an administration fee of 2% of the amount so paid. That fee is agreed to be the liquidated cost of processing that abnormal payment. That fee is payable at the same time as the account to which it relates is due.

Payments received by the Supplier shall be applied first in payment of interest and any costs of and incidental to debt recovery and any amounts payable pursuant to clauses 4(f) and 5(d) and then in reduction of principal.

Payments received without remittance advice will be applied first to the latest balance owing by the Customer.

If the Customer does not pay the Supplier by the due date, the Customer shall pay interest on monies due, charged at the rate of 1.25% per month from the due date for payment until the actual date of payment.

o.The Customer shall pay any legal costs (on a full indemnity basis), stamp duties, any bank charges or merchant fees, or like charges levied on the Supplier by any banker or other credit provider whose banking or credit card facilities are utilized by the Customer for paying the Supplier any amounts on any account and any other expenses payable of and incidental to the performance or enforcement of or any litigation on these terms and conditions or any credit application or any security documents signed by the Customer or any guarantor together with any other collection costs and dishonored cheque fees. For the avoidance of any doubt, the Customer is liable to pay the costs under this clause 5(d) whether such costs have actually been incurred by the Supplier or are to be incurred and the liability for such costs has crystallized, including without limitation, the costs of any commission or other fee payable to a debt recovery agent upon recovery of any payment(s) from the Customer.

SECTION 12 – DELIVERY

1. Goods will be delivered or deemed to be delivered, when they are delivered to the delivery place nominated by the Customer. If no such address is nominated, then delivery will be deemed to occur at the time when the goods are ready for collection at the Supplier’s premises.
2. The Customer shall pay to the Supplier packing, crating, and delivery charges in accordance with the Supplier’s current rates as at the date of dispatch. If there is no current rate, then a reasonable delivery charge shall be paid by the Customer.
3. The Supplier reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the Customer within 14 days of a request by the Supplier for such information.
4. The Customer authorises the Supplier to deliver products to the place nominated by the Customer and to leave the products at such place whether or not any person is present to accept delivery. The Supplier shall not be liable on any basis whatsoever for loss suffered by the Customer after delivery to the nominated delivery place.
5. The Supplier shall not be obliged to obtain a signed receipt or other acknowledgment from any person at the nominated place for delivery but if a signed receipt or other acknowledgment is obtained from someone believed by the Supplier to be authorised by the Customer to sign or otherwise take delivery, then such signed receipt or other acknowledgement shall be conclusive evidence of the Customer’s acceptance of the goods delivered.
6. Any times quoted for delivery are estimates only and the Supplier shall not be liable to the Customer for any failure to deliver or for delay in delivery of goods occasioned by strike, lockout or other industrial dispute, shortage of stock, shortage of labour, lack of skilled labour, delays in transit, fire, flood, hostility, civil commotion or any other cause whatsoever whether or not beyond the control of the Supplier.
7. The Customer shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery.
8. The Supplier reserves the right to deliver goods by installments and each installment shall be deemed to be sold under a separate contract. Failure to deliver any installment, or deliver any installment on time shall not entitle the Customer to repudiate the contract in whole or in part.

SECTION 13 – RETURN OF GOODS

RETURN OF GOODS AND CLAIMS UPON SUPPLIER (NON CONSUMERS)

Unless agreed in writing by the Supplier, the Supplier will not accept the return of goods. Goods accepted for return by the Supplier may attract a charge to recover restocking and repackaging charges. The amount of this charge will be determined by the Supplier.

All claims for the Supplier’s failure to comply with the Customer’s Order whether due to shortfall, defect, incorrect delivery or otherwise must be made by giving written notice to the Supplier within fourteen (3) days from the date of invoice. If the Customer fails to provide such notice then the Customer shall be deemed to have accepted the goods;

The Supplier’s liability for breach of a non-excludable condition or warranty is limited at the Supplier’s option, to any one of the following:

i The replacement of the goods or the supply of equivalent goods;

ii. The repair of the goods; and

iii. The payment of the cost of providing replacement goods or of

acquiring equivalent goods; or

iv. The payment of the cost of having the goods repaired; and f. The Supplier shall not be liable for any indirect loss or damages whatsoever, including consequential loss, loss of profits, loss of opportunity or loss of use.

SECTION 14 – DIAMOND AND OTHER GEMSTONES

The Customer acknowledges and agrees that

Diamonds and other gemstones ordered from the Supplier are

purchased by the Supplier from third party vendors specifically on a job by job basis and are not able to be returned or exchanged.

An instruction to the Supplier to order diamonds and other gemstones is an irrevocable purchase order.

The Supplier may require that the Customer pay the Supplier for diamonds and other gemstones in full and cleared funds at the time the Customer makes the relevant purchase order with the Supplier.

SECTION 15 – FITNESS FOR PURPOSE

To the maximum extent permitted by law, the Customer agrees that it does not rely on the skill or judgement of the Supplier in relation to the suitability of any goods for a particular purpose. Any advice, recommendation, information or assistance provided by the Supplier is provided without any liability by the Supplier whatsoever.

SECTION 16 – CAD / CAM AND FINISHING

Time: All delivery time estimates are guides only. While the Supplier makes best efforts to achieve those estimates, the Supplier accepts no responsibility if they are not met. Estimated times for CAD drawings do not include time for amendments to files or delays caused by incomplete Customer instruction.

Customer amendments to CAD drawings produced by the Supplier: Amendments requested by the Customer to:

1. Customer supplied CAD drawings; or
2. CAD drawings after initial supply by the Supplier to the Customer brief, will incur additional charges.
3. Estimated metal weights: If the Customer requires a CAD drawing to be prepared by the Supplier to a target weight in a relevant metal, the Customer must specify that target weight at the time of instruction. If a target weight is not specified by the Customer, the Supplier will produce the CAD drawing with a target weight that the Supplier determines in its absolute discretion achieves the design intent and in such circumstances, the Customer must accept the cast weight of the item produced.

Gemstones: All Customer gemstones provided to the Supplier must be accompanied by a Customer estimate of value in United States dollars at the time of delivery to the Supplier. The Supplier takes all due care to protect from damage Customer supplied gemstones. The Supplier accepts no responsibility for damage to gemstones supplied by the Customer to the Supplier for setting or otherwise. For a small fee, the Supplier can arrange for insurance on a relevant gemstone.

CAD Charges: CAD files prepared by the Supplier but not approved by the Customer within 3 business days of provision by the Supplier will be invoiced to the Customer.

CAD files: A Customer manufacturing file can be supplied by the Supplier to the Customer on request, all original construction files in RLF, 3DM, STL, OBJ, JCD, 3DC can be released at a charge of double the design fee.

SECTION 17 – FULFILLMENT

Shipping & Delivery

We are not responsible for any item loss during the delivery or delivery time.

Please make sure to double check the shipping addresses to ensure the delivery.

If an item returns to us due to incorrect shipping information, we will notify our customer that it has been returned by the post office, and automatically give the customer a refund for the purchase; however the shipping and handling charges are non-refundable.

We will ship out within previously agreed on time. Our office is closed on weekends and holidays.

Sales tax is automatically applied to all purchases.

Shipping Methods

By USPS, FedEx and DHL

Additional Shipping Information

Timely delivery is subject to the Terms of Service published by the carrier. Note that circumstances out of our control (like natural disasters, holiday delays, etc.) may produce shipping postponements. Tracking information will be delivered upon availability.

The recipient of the order will be responsible for any import duties or taxes charged by the recipient’s country and any carrier-related fees. These fees can vary widely from country to country.

(Please contact your local customs office for further information.)

Special Considerations

All orders are subject to approval based on the billing information provided.

Replacement Warranty

We are responsible for our product conditions. We would love to help you resolve any issues. We want you to have a positive experience every time you deal with davvia.  Please let us know if you have received any defected item by contacting us here: support@avviago.com

SECTION 18 – UNABLE TO DELIVER

For signature required deliveries, we will make two (2) attempts to deliver your parcel before initiating a return. For the purposes of these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to have been “delivered” upon receipt of the product(s) at the designated delivery address, upon signing for the product(s) (for signature required deliveries) at the designated delivery address. However, e-/virtual gift cards shall be deemed to “have been delivered” in accordance with the Gift Card Terms pertaining to gift cards which may be found at: Gift Card Conditions and, in any case, on the date of delivery of such e/virtual gift card to the email address indicated by you on the order form. For all other packages, we will try to find a safe secure place to leave your parcel.

If we are unable to deliver the goods after two attempts, we will try to find a safe secure place to leave your parcel. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not going to be at the delivery location at the time agreed, please contact us to rearrange delivery for another mutually convenient day. Signature required orders which cannot be delivered will be returned to the warehouse. This clause does not apply to e/virtual gift cards, whose delivery shall be governed by the Gift Card Terms pertaining to gifts cards which may be found at the Gift Card Conditions provided in Section 11 above.

SECTION 19 – RISK AND TITLE

The Product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to You when we receive full payment of all sums due in respect of the product(s), including delivery charges, or upon delivery (as defined in Section 11 above), whichever is the latter.

SECTION 20 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 21 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

Our liability in connection with any Product purchased through our Website is strictly limited to the purchase price of that Product.

We publish information on the Website as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Website at any time without notice. We do not claim that the information on the Website or is appropriate to your jurisdiction or that the products described on the Website will be available for purchase in all jurisdictions. We may also terminate, change, suspend or discontinue any aspect of the Site including, but not limited to, hours of availability of the Website, and we will not be liable to you or to any third party for doing so.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Nothing in these Terms shall exclude or limit in any way our liability:

(1) for death or personal injury caused by our negligence;

(2) for fraud or fraudulent misrepresentation;

(3) for any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:

(1) loss of income or revenue;

(2) loss of business;

(3) loss of profits or contracts;

(4) loss of anticipated savings;

(5) loss of data; and

(6) waste of management or office time.

Due to the open nature of the Website, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out on the Website.

All product descriptions, information, and materials posted on this Website are provided “as is” and without warranties express, implied, or otherwise however arising.

To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITE WHICH IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE WEBSITE INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, AND FUNCTIONS AND SERVICES PROVIDED ON THE WEBSITE WHICH IS PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS, OR CONTENT OR INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, OR ANY OF ITS FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

We make no warranties of any kind regarding any non-davvia to which you may be directed or hyperlinked from the Website. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such non-davvia sites. We do not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on the Website.

IN NO EVENT SHALL AVVIA, OR INTERIORS LAB, ITS AFFILIATES, ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR RESPECTIVE CONTENT OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FAULT OR OTHERWISE) (COLLECTIVELY, “DAMAGES”) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE AND THE CONTENT OR MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, WHETHER TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF AVVIA OR ITS AFFILIATE OR THEIR RESPECTIVE REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

SECTION 22 – INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks, and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent You from using this Website to the extent necessary to make a copy of any order or Contract details.

The Website including all of its information and contents such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software, and the HTML used to generate the pages (collectively, “Materials”), are the property of davvia or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under US and/or foreign laws. Except as otherwise provided on the Website, in these Terms or Gift Card Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Website, in whole or in part, for any public or commercial purpose without the specific prior written permission from davvia. We grant you a personal, limited, non-exclusive, non-transferable license to access the Website and to use the information and services contained on the Website. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Website and to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, the Materials on the Website as well as features and/or hours of availability of the Website and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Website or restrict your access to part, or all, of the Website without notice or penalty. We have the right to change these rules and/or limitations at any time, at our sole discretion.

As between you and davvia (or any other person or company whose marks appear on the Website, davvia (or the respective person or company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Website, and is the copyright owner or licensee of the Materials on the Website unless otherwise indicated. davvia logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress, and/or other intellectual property in such materials (collectively, “davvia Intellectual Property”) are owned by davvia and may be registered in the USA and internationally. You agree not to display or use the davvia Intellectual Property in any manner without davvia’s prior permission. Nothing on the Website should be construed to grant any license or right to use any davvia Intellectual Property without the prior written consent of davvia.

Except as otherwise provided herein, use of the Website does not grant you a license to any Materials or features you may access on the Website and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by davvia. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the USA, as well as applicable provincial laws, and you may be subject to liability for such unauthorized use. The information on the Website including, without limitation, all Website design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using the Website or to the extent necessary to make a copy of any order.

davvia makes no claim that the Website may be lawfully viewed or that content may be downloaded outside of the USA. Access to the content may not be legal by certain persons or in certain countries. If you access the Website From outside the USA, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.

SECTION 23 – COPYRIGHT AND/OR TRADEMARK INFRINGEMENT

If you believe a work on the Site constitutes an infringement of your copyright, trademark, or other intellectual property rights please provide us with a written communication containing the following information:

• evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark;
• a description of the copyrighted work or trademark that you claim has been infringed;
• description of where the alleged infringing material is located on the Website, including the permalink where the material is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or trademark owner or that you are authorized to act on the owner’s behalf; and
• your physical or electronic signature.

You may email us at admin@avviago.com.

SECTION 24 – WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic, including via text and chat messages and that such communication will be binding on you and davvia. We will contact you by e-mail, text messages, or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

SECTION 25 – NOTICES

All notices given by You to us should be given to us via our web form or email. Subject to and as otherwise specified in Section 19 above, we may give notice to You at either the e-mail or postal address You provide to us when placing an order.

Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

SECTION 26 – TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between You and us is binding on You and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract, or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge, or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.

SECTION 27 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 28 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 29 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

As part of your use of the Website and services offered on the Website, you may upload, post, distribute or disseminate (collectively, “post”) content and material (including, but not limited to, photographs, images you have taken, captions and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions and comments) which we, at our discretion, may allow you to post (collectively, the “Posted Content”) on the Website. You hereby grant davvia a right and worldwide license to use the Posted Content on the Website and to promote and advertise the Website and davvia in any way and you hereby waive any moral rights to such Posted Content to the fullest extent permitted by law.

You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any Posted Content. You agree that you will not post any false or inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:

• post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including requisite consents and releases) to post it;
• post any material that reveals a trade secret unless you own the trade secret or have the owner’s permission to post it;
• post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;
• post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
• post any chain letter or pyramid scheme; or
• post any material that contains a virus, trojan horse, worm, time bomb, or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information.

davvia does not represent or guarantee the truthfulness, accuracy, or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. davvia does not confirm that each user is who he or she claims to be. davvia exercises great effort to protect Posted Content from being misused. However, if misuse has occurred, neither davvia nor its parent company, its affiliates, their respective content and service providers, or their respective directors, officers, employees, and agents will be liable in any way for such misuse. Because davvia does not control the behavior of users or participants on the Website, in the event that you have a dispute with one or more such users, you hereby release davvia, its parent company, its affiliates, their respective content and service providers, and their respective directors, officers, employees and agents from any actual and consequential, direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action or claims of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute.

davvia acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If davvia becomes aware of any Posted Content that allegedly may not conform to these Terms, davvia may investigate the allegation and determine in its sole and absolute discretion whether to take action in accordance with these Terms. davvia has no liability or responsibility to users for the performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled, or deceptively labeled.

davvia expects that you will use caution and common sense when using the Website, or Services.

AVVIA HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST AVVIA FOR SUCH REMOVAL AND/OR DELETION.

AVVIA IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS WEBSITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT, OR INFORMATION YOU POST ON THE WEBSITE.

We are happy to hear from our visitors and welcome your comments. Because of the large number of ideas and works that davvia has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion, or submission that you may make through the Website is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion, or other material through this Website, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, davvia by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas, or suggestions by davvia.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation:

(1) to maintain any comments in confidence;

(2) to pay compensation for any comments; or

(3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 30 – BINDING NATURE AND ASSIGNMENT

These Terms, the Gift Card Terms, and our Privacy Policy are binding on you and us and on our respective heirs, successors, and assigns and, as indicated herein, are for the benefit of davvia, its affiliates, their respective content and service providers, and their respective directors, officers, employees, and agents. You may not transfer, assign, charge or otherwise dispose of your rights or obligations under these Terms, the Gift Card Terms, or our Privacy Policy without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations under these Terms, the Gift Card Terms and our Privacy Policy, or any of our rights or obligations arising under them, at any time.

SECTION 31 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy.

SECTION 32 – REGISTRATION, PASSWORDS, AND SECURITY

To access some of our services you will have to complete an online registration form. You agree that all information which you submit (“Registration Information”) is true and complete and that you will update your Registration Information to keep this information true and complete.

Upon registering, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Website. Your password may be used only to review information regarding potential and completed transactions, purchase or cancel purchases of products, change your preferences, post content and otherwise access and use the Website and services on the Website in accordance with these Terms. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release davvia, its parent company, its affiliates, their respective content and service providers, and their respective directors, officers, employees, and agents from any and all liability concerning such transactions or activity. You agree to notify davvia immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. davvia has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. davvia will take reasonable security precautions when using the Internet, telephone, or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.

SECTION 33 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 on the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website should be taken to indicate that all information in the Service or on any related Website has been modified or updated.

SECTION 34 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.

SECTION 35 – EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event shall include any act, event, non-happening, omission, or accident beyond our reasonable control and shall include in particular (without limitation) the following:

(1) strikes, lock-outs, or other industrial action.

(2) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.

(3) fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.

(4) impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.

(5) impossibility of the use of public or private telecommunications networks.

(6) the acts, decrees, legislation, regulations, or restrictions of any government.

(7) any shipping, postal, or other relevant transport strike, failure, or accidents.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

SECTION 36 – WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with the provisions of the paragraph on Notices above.

SECTION 37 – INDEMNIFICATION

You agree to indemnify, defend and save davvia and davvia parent, subsidiaries, affiliates, partners, their respective content and service providers, and their respective officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any and all claims, liabilities, damages, demand, costs, and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Website, your violation of these Terms or the posting or transmission of any materials on or through the Website by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

SECTION 38 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be invalid, unlawful, void, or unenforceable by any competent authority, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. The remaining terms, conditions, and provisions will continue to be valid to the fullest extent permitted by law.

SECTION 39 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 40 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking, or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms.

These Terms of Service and any policies or operating rules posted by us on this Website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and us (including, but not limited to, any prior versions of the Terms of Service).

Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 41 – OUR RIGHT TO MODIFY THESE TERMS

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

You will be subject to the Terms and davvia policies in force at the time that you order products from us or use the Website. Your use of the Website after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and davvia policies in force at the time that you order products from us.

We have the right to revise and amend these Terms from time to time. You will be subject to the policies, Terms in force at the time that You order products from us, unless any change to those policies, Terms, or Privacy Statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You).

SECTION 42 – GOVERNING LAW

Any disputes arising out of or relating to these Terms, the Gift Card Terms, the Privacy Policy, use of the Website, the products sold on the Website, and the services offered via the Website shall be resolved in accordance with the laws of the State of California without regard to its conflict of law rules. Any disputes, actions, or proceedings relating to these Terms or the Gift Card Terms or your access to or use of the Website must be brought before the courts of the State of California, California and you irrevocably consent to the exclusive jurisdiction and venue of such courts. davvia makes no claim that the Website may be lawfully viewed or that content may be lawfully downloaded.

Insofar as it is permitted under the applicable law of the province of your residence, you agree that any claim or cause of action arising out of or related to use of the Website, these Terms, or the Gift Card Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

SECTION 43 – MISCELLANEOUS

You acknowledge and agree that your use of the Website may involve you providing an “electronic signature” indicating your desire to use the Website. Your “electronic signature” indicates your acceptance of these Terms, and your consent to receive communications about these Terms electronically. If you wish to receive communications in another manner, you may contact davvia at “Contact US” at www.avviago.com to change your communication preferences. You may not use or otherwise export or re-export the Website content except as authorized by Canadian law and the laws of the jurisdiction in which the Website content was obtained. In particular, but without limitation, the Web content may not be exported or re- exported (a) into any U.S. embargoed countries, or that has been designated by the USA Government as a “terrorist supporting country”. By using the website on your mobile, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Website for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.

SECTION 44 – FEEDBACK

We welcome your comments and feedback. Questions about the Terms of Service should be sent to us at goavvia@gmail.com