1. Introduction
Welcome to Divergent Decks, a product of Divergent Support Services. These Terms and Conditions (“Terms”) govern your use of our website divergentdecks.com (the “Site”) and the purchase of products through our online store.
By accessing or using our Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Site.
2. Definitions
- “Customer,” “You,” and “Your” refers to the person accessing our Site and purchasing products.
- “Products” refers to all goods offered for sale on our Site.
- “Order” refers to your request to purchase Products from us.
- “Services” refers to the services provided through our Site.
3. Eligibility
You must be at least 18 years old to make purchases on our Site. By placing an order, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement.
4. Account Registration
4.1 Account Creation
You may be required to create an account to use certain features of our Site. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your password and account
- Notify us immediately of any unauthorized use of your account
4.2 Account Responsibility
You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms.
5. Products and Pricing
5.1 Product Information
We strive to display our Products as accurately as possible. However, we do not guarantee that product descriptions, colors, information, or other content on the Site is accurate, complete, reliable, current, or error-free.
5.2 Pricing
- All prices are in US Dollars and are subject to change without notice
- Prices include taxes and shipping (within the continental United States as specified at checkout
- We reserve the right to correct pricing errors
- If a pricing error is discovered after purchase, we will contact you for instructions
5.3 Product Availability
All Products are subject to availability. We reserve the right to discontinue any Product at any time. If a Product becomes unavailable after you place an order, we will notify you and offer a refund or substitute.
6. Orders and Payment
6.1 Placing Orders
By placing an order, you make an offer to purchase Products. All orders are subject to acceptance by us. We may refuse or cancel any order for any reason.
6.2 Order Confirmation
After placing an order, you will receive an email confirmation. This confirmation does not constitute our acceptance of your order—it is simply confirmation that we received it.
6.3 Payment Methods
We accept the following payment methods: Credit/debit cards.
6.4 Payment Processing
- Payment is due at the time of order
- We use third-party payment processors to process payments
- You authorize us to charge your payment method for the total amount of your order
- All payments are non-refundable
6.5 Payment Security
We implement industry-standard security measures to protect your payment information. However, we cannot guarantee absolute security of data transmitted over the internet.
7. Shipping and Delivery
7.1 Shipping Areas
We currently ship worldwide- shipping is FREE in the continental US, small shipping charges will be assessed outside the continental US.
7.2 Shipping Costs
Shipping costs are calculated at checkout based on the shipping method selected and delivery address.
7.3 Delivery Times
Estimated delivery times are provided at checkout. These are estimates only and not guaranteed. We are not liable for delays caused by shipping carriers or circumstances beyond our control.
7.4 Risk of Loss
Risk of loss and title for Products pass to you upon delivery to the shipping carrier.
7.5 International Shipping
For international orders:
- You are responsible for all customs duties, taxes, and fees
- We are not responsible for delays caused by customs
- Delivery times may vary based on customs processing
8. Returns and Refunds
8.1 Return Period
Divergent Decks are not returnable or refundable. If you are unhappy with your purchase, please reach out and give us an opportunity to make it right.
8.6 Damaged or Defective Products
If you receive a damaged or defective Product, contact us immediately at [EMAIL] with photos. We will provide a replacement or full refund, including return shipping costs.
9. Warranties and Disclaimers
9.1 Product Warranties
Products may be covered by manufacturer warranties. We are not responsible for manufacturer warranty claims unless otherwise stated.
9.2 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR PRODUCTS AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, [YOUR COMPANY NAME] SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use or inability to use our Site or Products
- Any unauthorized access to or use of our servers
- Any interruption or cessation of transmission to or from our Site
- Any bugs, viruses, or other harmful code
- Any errors or omissions in any content
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS IN QUESTION OR $100, WHICHEVER IS LESS.
11. Intellectual Property
11.1 Our Content
All content on our Site, including text, graphics, logos, images, and software, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.
11.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our Site for personal, non-commercial purposes.
11.3 Prohibited Uses
You may not:
- Copy, modify, distribute, or reproduce any content from our Site
- Use our trademarks without prior written permission
- Reverse engineer or attempt to extract source code
- Use automated systems (bots, scrapers) to access our Site
12. User Conduct
You agree not to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Transmit harmful code or viruses
- Interfere with the Site’s operation
- Impersonate any person or entity
- Collect user information without permission
- Use the Site for unauthorized commercial purposes
13. Privacy
Your use of our Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.
14. Third-Party Links
Our Site may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of use of third-party sites. Your use of third-party sites is at your own risk.
15. Modification of Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes acceptance of the modified Terms.
16. Termination
We may terminate or suspend your access to our Site immediately, without prior notice, for any reason, including breach of these Terms.
Upon termination:
- Your right to use the Site will immediately cease
- Any provisions that by their nature should survive termination will survive
17. Dispute Resolution
17.1 Governing Law
These Terms are governed by the laws of [YOUR JURISDICTION], without regard to conflict of law principles.
17.2 Arbitration
Any dispute arising from these Terms or your use of the Site shall be resolved through binding arbitration in accordance with [ARBITRATION RULES] rather than in court, except that you may assert claims in small claims court.
17.3 Class Action Waiver
You agree that disputes will be resolved individually and not as part of a class action or consolidated proceeding.
17.4 Jurisdiction
If arbitration does not apply, you agree to submit to the exclusive jurisdiction of the courts located in [YOUR LOCATION].
18. Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.
19. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
20. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on our Site, constitute the entire agreement between you and us.
21. Contact Information
If you have questions about these Terms, please contact us:
Roni Kean, Owner of Divergent Support Services, Divergent Decks
Email: info@divergentdecks.com
By using our Site and purchasing our Products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.