Terms & Conditions

Please read these terms carefully before ordering with us. These terms tell you what you need to know about buying with us. We may revise these terms and conditions without notice by posting revised terms and conditions of sale on our website.  The terms and conditions posted on the website or app at the time you place your order will govern that purchase.

In using this website, you are deemed to have agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company; Oh Polly USA Inc. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Something about your order not quite right? Our 30-Day Return Policy is easy and ensures you love your purchase. All returns will be processed as store credit.

All return items must be unworn, unwashed, and have original tags attached. Diva Icon will not accept any returns if they have been worn, washed and show any signs of wear.

Styles that are not eligible for returns: All items that are on sale are FINAL SALE.

Discount codes cannot be applied alongside other promotions, items from the sale section, as well as any random discount code given out.

1. Deliveries are made to the delivery address given at time of order.  Customer accepts full responsibility for ensuring accuracy of information provided.

2. You accept and agree that we will not be held liable for deliveries that are delayed.

3. You accept and agree that we will not be held liable for deliveries that go missing. However we will make like for like replacements if a delivery goes missing due to the fault of a 3rd party (i.e. courier) after a sufficient time period has elapsed and after you agree to assist us in any subsequent investigations for compensation from said 3rd party.

5. We do not deliver to PO Box or hotel addresses.

6. As stated in Clause 10 within this Agreement, we will only refund outbound postage costs for the least expensive common/standard delivery method.  The cost of expedite

1. Orders placed by you on the website www.DivaIcon.com (the “Website”) for the products offered by us through the website are only an offer to conclude a sales contract. The sales contract is entered into upon the confirmation of the order by e-mail by us to you.

2. You are the individual or individuals placing the order (‘you’, ‘your’). You must be 18 years or over to enter into a contract with us by placing an order with us, you confirm that you are 18 years or over.

3. If you are not yet 18, you agree that you have obtained the bill payer’s permission to enter in to a contract with us.

4. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither party will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please carefully check your order at each page of the order process.

2. After you have placed an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.

3. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.

4. If we are unable to verify the delivery or payment information you have supplied we may restrict delivery to the address to which your credit or debit card is registered.

1. We accept all major credit cards (American Express / MasterCard / Visa) debit cards (Solo / Maestro / Visa Debit / Visa Delta / Visa Electron), PayPal, Google Pay, Klarna, AfterPay, ClearPay & Sezzle.

2. Your credit card or other account detailed at 4.1 above will be debited when you click on the “confirm” button.

3. Any credit card used for payment must be in the name of the person ordering and the same card must be carried at the time of delivery - it may be required for verification and obtaining signature on a credit card charge form for delivery.

4. All payments are processed through third party payment gateways using PCI Encryption. We do not store credit card details nor do we share customer details with any 3rd parties.

All prices before checkout, if applicable, are exclusive of any applicable sales tax (or other indirect taxes such as VAT).

The amount of sales tax or indirect taxes chargeable will be, if applicable, confirmed at checkout based on your delivery address. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures. If we accept and process your order where a pricing error is obvious and unmistakable and could have reasonably been recognised by the average customer as an error, we may end the Contract, refund you any sums you have paid and require return of any products provided to you.

We may change the price of our products. Sometimes we need to make changes to the price of some of our products. When this happens, we’ll update the prices on our website and our app. If you placed your order for a product before the price change, the price will be as stated on our website or our app (as applicable) at the time when you placed your order.

1. This warranty is valid only to the original purchaser when a new piece is purchased from us.

2. This warranty is invalidated if you allow a third party to repair or attempt to repair any item.

3. In the event of a dispute as to the cause of damage, we reserve the right to send the Product to a mutually agreed independent third party assessor to determine the nature of the defect. Only if their judgement indicates a defect in material or workmanship will we repair the item.

4. This warranty does not cover expenses incurred by you due to a lack of proper care of your product.

5. Please keep your proof of purchase documents – they will be required for in order to procure warranty service in the event you wish to make a warranty claim.

6. Please notify Diva Icon within 30 days of purchase in the event that you wish to claim a replacement for a defect.

1. As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

2. Subject to the following sub clauses, in no event shall the aggregate liability of any party to the other (whether it contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under or in connection with these Terms and Conditions:

1. Provided that this shall be subject to an overall limit of the total amount paid to Diva Icon under a confirmed order in respect of any and all claims, losses and damages arising under or in connection with these terms and conditions.

2. The above limits on liability shall apply in respect of (any indemnities provided by either party under this Agreement, including without limitation to the indemnities under clauses 12 Intellectual Property)

3. Each party's liability to the other in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty or otherwise arising out of or in connection with these terms and conditions shall not extend to any:

1. loss of profits;

2. loss of business opportunity;

3. loss of goodwill;

4. loss of data;

5. loss of anticipated savings; or

6. any special, indirect or consequential loss or damage whatsoever.

4. The parties agree that the limitations on liability within these terms and conditions are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks.

5. Notwithstanding the above or other limitations and exclusions of liability set out in these terms and conditions, neither party excludes or limits any liability for:

1. fraud or fraudulent misrepresentation; or

2. any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or Consumer Rights Act 2015; or

3. any other liability to the extent the same cannot be excluded or limited by law.

We do not compensate you for all losses caused by us or our products.

1. We are not responsible for losses you suffer which are not caused by us breaching this contract or the applicable law. For example, where you have suffered any injury caused by your own negligence or lack of reasonable care in using a product and is not due to any defect in the product.

2. Where you have suffered losses caused by us breaching the contract, we are responsible for losses you suffer UNLESS the loss is:

• Unexpected. It was not obvious that it would happen (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control.
• Avoidable. Something you could have avoided by taking reasonable action. For example, any injury suffered which was caused by your own negligence, lack of care (that a reasonable person would have exercised in handling the same item), and/or which you could have reasonably avoided.
• A business loss. Any use of a product for the purposes of your trade, business, craft or profession.

1. 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.

2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes 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; and

7. pandemic or epidemic.

3. 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 endeavours 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.

If we suspect fraudulent activity, we may block your account and any associated accounts and/or withhold your refund. Reasons include but are not limited to claims relating to; orders not being received, missing items, damaged items, wrong items, worn items.

If your account is blocked for any of the above reasons and you need to make a valid return within 45 days of purchase, please contact Customer Service. You will need to cover return costs and keep hold of proof of postage until your return is received and processed.

You agree to receive promotional marketing texts from Diva Icon. Promotional messages may include promotions and other marketing offers (e.g., cart reminders).