Terms of service

TERMS OF SERVICE

OVERVIEW Welcome to Diya Balance! The terms "we", "us" and "our" refer to Diya Balance. Diya Balance operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Diya Balance is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country or province of residence. To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current, and complete. You are solely responsible for maintaining the security of your account credentials and for all your account activity.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products (including the Diya Intimate Brightening Cream) in our online store. However, we do not warrant that colors or product appearances will meet your exact expectations due to device screen variations. All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

SECTION 3 - ORDERS & RETURNS

When you place an order, you are making an offer to purchase. Diya Balance reserves the right to accept or decline your order for any reason. Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

  • Right of Withdrawal (EU & UK): Customers in the EU and UK have the right to withdraw from their purchase within 14 days of receiving their order.

  • Hygiene Exception: For hygiene and safety reasons, personal care goods (such as the Diya Intimate Brightening Cream) cannot be returned or refunded once the protective seal has been broken or removed, unless the item is defective upon arrival.

You represent and warrant that your purchases are for your own personal use and not for commercial resale.

SECTION 4 - PRICES AND BILLING

All prices are displayed in EUR and include applicable VAT for EU customers. Prices, discounts, and promotions are subject to change without notice.

  • Customs & Import Duties: For orders shipped outside the European Union, local customs duties and import taxes may apply. These costs are the sole responsibility of the customer and are not included in the posted prices. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, and you authorize us to charge your credit card or payment method for the total amount of your order.

SECTION 5 - SHIPPING AND DELIVERY

Diya Balance offers free worldwide shipping on all orders. Estimated delivery times are as follows:

  • Netherlands: 1–3 business days

  • European Union: 3–7 business days

  • United Kingdom: 5–10 business days

  • Asia & Rest of World: 7–20 business days

Delivery times are estimates and are not guaranteed. Diya Balance is not liable for shipping delays caused by customs processing, local carriers, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, text, images, graphics, and logos, are owned by Diya Balance or its licensors and are protected by intellectual property laws. You may use the Services for personal, non-commercial use only. Unauthorized use of the Services or our intellectual property is strictly prohibited.

SECTION 7 - OPTIONAL TOOLS & THIRD-PARTY LINKS

We may provide you with access to third-party tools or links to third-party websites. We provide these "as is" without any warranties. We are not liable for any harm or damages related to your use of optional third-party tools or websites. Complaints or questions regarding third-party products should be directed to the third party.

SECTION 8 - RELATIONSHIP WITH SHOPIFY

Diya Balance is powered by Shopify. However, any sales and purchases you make in our store are made directly with Diya Balance. Shopify is not responsible for any aspect of sales between you and Diya Balance. You expressly release Shopify from all claims, damages, and liabilities arising from your transactions with us.

SECTION 9 - PRIVACY POLICY

All personal information we collect is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes personal information to provide and improve the Services. By using the Services, you acknowledge that you have read and agree to these privacy practices.

SECTION 10 - FEEDBACK & USER COMMENTS

If you submit ideas, feedback, or reviews ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, and publish such Feedback. We take no responsibility and assume no liability for any Feedback posted by you or any third party. You agree your Feedback will not violate any third-party rights or contain unlawful material.

SECTION 11 - ERRORS AND PROHIBITED USES

We reserve the right to correct any errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability at any time without prior notice. You may not use the Services for any unlawful purpose, to infringe upon intellectual property rights, to transmit malware, to harass others, or to scrape/gather data via automated means (including AI agents). We reserve the right to terminate your use of the Services for violating any prohibited uses.

SECTION 12 - DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 13 - LIMITATION OF LIABILITY

Diya Balance is not liable for indirect damages, loss of profit, or damages resulting from the use of our products beyond what is required by applicable law. IN NO CASE SHALL DIYA BALANCE, OUR DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

SECTION 14 - INDEMNIFICATION & SEVERABILITY

You agree to indemnify and hold harmless Diya Balance and our partners from any claims or demands made by any third party due to your breach of these Terms. If any provision of these Terms is determined to be unlawful or unenforceable, that provision shall be severed, and the remaining provisions will continue in full force and effect.

SECTION 15 - GOVERNING LAW & DISPUTE RESOLUTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.

  • EU Customers: If you are located in the European Union, you may also submit disputes to the European Online Dispute Resolution platform at: ec.europa.eu/consumers/odr.

SECTION 16 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or change any part of these Terms of Service by posting updates to our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 17 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@diyabalance.com.

Diya Balance

Email: info@diyabalance.com 
Address: Pieter Goedkoopweg 20, 2031EL Haarlem, The Netherlands
Business Registration Number (KVK): 42012564
VAT Number: NL869285142B01