Terms of use

§ 1. General provisions and definitions

The company Crystal Design GmbH, based in Brixen, Italy, hereinafter „DIVA-Service-Provider", creates mobile and stationary applications („DIVA-Apps"), websites optimised for use with mobile and stationary devices („DIVA-Webs") and company portals for maintaining app content and access („DIVA-Accounts").

The DIVA-Service-Provider operates the platform „www.Diva-Portal.de" and offers, for promotional purposes, free DIVA-Webs and DIVA-APPs as a basic service. In addition, the DIVA-Service-Provider offers paid modules that can be booked for a monthly fee or purchased as an Enterprise solution. The DIVA-Service-Provider will continuously expand the range of additional services and modules and adapt them to current developments. The exact scope of the offers is governed by § 7 of these terms of use.

Users are third parties who inform themselves about the offers of the DIVA-Service-Provider in accordance with these terms of use and can contact the DIVA-Service-Provider.

§ 2. Scope of application

These terms of use govern the use of the online platform DIVA-PORTAL.de as well as the use of the services and modules offered on the online platform and the DIVA-APP by properly registered participants.

Use of the DIVA-Account, DIVA-APP and DIVA-Web offers is permitted exclusively on the basis of these conditions. By using DIVA-Accounts, DIVA-APPs and DIVA-Webs the user agrees to these conditions.

§ 3. Changes to the terms of use

The DIVA-Service-Provider reserves the right to update these terms of use from time to time. The DIVA-Service-Provider will inform the customers of the changes and provide the amended terms of use for download. The use of the online platform and in particular of services and modules will then be governed by the amended terms of use. DIVA-Apps or DIVA-Webs previously created on the online platform may continue to be used under the terms of use applicable at the time of their creation until the parties agree on a change to the terms of use also for these applications.

§ 4. Registration, responsibility for the DIVA-Account

Use of the online platform and the APP requires registration with creation of a DIVA-Account. Accounts can only be created by natural persons with full legal capacity, partnerships and legal entities. There is no entitlement to acceptance of the registration.

You may use the online platform personally, through your bodies or employees. Use by „bots", programmes or otherwise in automated form is not permitted.

When registering a DIVA-Account you must provide the registered company data, your complete and correct name and a valid email address. You must be authorised to use this email. You must ensure that you are reachable via this email.

You are obliged to keep your data (in particular the contact data) up to date at all times and to inform DIVA-Service-Provider immediately of any changes.

You are responsible for ensuring that the account is not made accessible to third parties and that username and password are protected from access by third parties.

For all actions carried out using username and password, you are responsible as for your own actions. This does not apply if you are not responsible for the misuse, in particular if you have protected username and password from access by third parties.

You are obliged to inform the DIVA-Service-Provider immediately if there has been misuse of your password or account or if you know or fear that third parties have gained knowledge of your password or account.

§ 5. Responsibility for content, offers and prohibition of illegal use

Each customer is responsible for ensuring that setting up DIVA-Apps and DIVA-Webs does not infringe the rights of third parties, in particular naming, work title or trademark rights or other industrial property rights. With the paid buyer access in your DIVA-Account you receive special access rights and the possibility to publish digital catalogues in your own DIVA-App and DIVA-Web access. DIVA catalogues of selected suppliers are made available to you via an integrated DIVA catalogue service. Use of these catalogues is only authorised with the approval of the respective supplier.

DIVA-App and DIVA-Web users can inform themselves about products of these suppliers and order them in the customer's business premises. The contracting party there is exclusively the legally independent provider. Ordering products via the DIVA-Service-Provider is not possible.

The DIVA-Service-Provider is neither provider nor intermediary of these products. This is exclusively the respective account holder. The DIVA-Service-Provider is neither party nor representative of the party or intermediary of any contracts concluded between buyer and provider.

The service provider assumes no responsibility for the initiation, conclusion and execution of the contract.

In addition to the representation of individual pieces of furniture and furnishings, the DIVA-Apps and DIVA-Webs also give users a visual representation of closed furnishing ideas and concepts. The DIVA-Apps and DIVA-Webs thus complement the exhibition in the providers' business premises and constitute a virtual showroom that gives users the opportunity to view individual pieces of furniture and furnishings in a homely overall context.

Via the DIVA-Apps and DIVA-Webs the user can plan and visualise furniture individually. The user can choose from a multitude of furniture and other furnishings, assemble them by colour, cover and elements and configure, visualise and create a non-binding offer from them. The user can print this offer, save it as a PDF or transfer it to an order system.

The products available in the provider's business premises may deviate slightly, within reasonable limits, from the digitally displayed goods due to the technically conditioned display possibilities and the processing of natural products; in particular, deviations in structure, colour and dimensions may occur, insofar as they are inherent in the nature of the materials used (e.g. solid woods, veneers, natural stone slabs, leather, textile products), are trade-usual and reasonable.

§ 6. Liability of the DIVA-Service-Provider

The DIVA-Service-Provider is liable for damages based on an intentional or grossly negligent breach of duty by the DIVA-Service-Provider, its legal representatives or vicarious agents. For slight negligence the DIVA-Service-Provider is only liable in the event of a breach of a duty essential for achieving the purpose of the contract (cardinal duty). In this case liability is limited to the typical, foreseeable contractual damage.

The above limitations of liability do not apply to damages from injury to life, body or health as well as to claims under the Product Liability Act and insofar as liability is prescribed by law.

§ 7. Scope of services

The DIVA-Service-Provider provides the customer with the possibility to create and manage DIVA-Apps and DIVA-Webs via the DIVA-Portal.de platform. The scope of services depends on the booked tariff. The DIVA-Service-Provider reserves the right to change, expand or restrict the scope of services, in particular to introduce new paid modules or to change existing modules.

§ 8. Data protection

The DIVA-Service-Provider processes users' personal data in accordance with applicable data protection laws. Further information can be found in our privacy policy at www.diva-portal.de/datenschutz.

§ 9. Final provisions

The law of the Republic of Italy applies, excluding the UN Sales Law. Place of jurisdiction for all disputes arising from or in connection with these terms of use is, insofar as legally permissible, Brixen (BZ), Italy.

Should individual provisions of these terms of use be or become invalid, this does not affect the validity of the remaining provisions.

Crystal Design GmbH · Brixen, South Tyrol, Italy