Terms and Conditions
TERMS AND CONDITIONS
The material in this Website is copyright to Dive Warehouse. You are welcome to view, print and download the contents of the Web Site for personal use only, and only for the purpose of completing an online order, but not for any commercial purposes or re-publication. By browsing our website you are agreeing to these terms and conditions.
1. Website Information
a) We try to ensure that information provided in the website is accurate. However, due to stock fluctuation and regular price changes, there may be at times information, images, statements or otherwise that are not accurate and Dive Warehouse accepts no liability for these inaccuracies.
b) We do not accept liability for any loss (direct, indirect or consequential) which may arise from reliance on information contained on the website or in respect of any error or omission.
2. Description of Products
a) The description and specification of products in the website is only approximate and we reserve the right to make changes which do not materially affect the quality or performance of those products.
b) We may correct any error appearing in the website or withdraw any product from sale without incurring liability. Price and availability is also subject to change without notice.
3. Ordering Products
a) You may order products through website by submitting a completed order form through the check out procedure.
b) The advertised prices are for online purchase's only.
c) For large orders contact us on 07 5531 6511 for payment details.
d) For orders over $350, a small security charge under $1.00 will be placed on your credit card before your order can be processed (for orders over $750, a form of identification will also be required). This amount will need to be confirmed with us via email or phone, and will be refunded immediately once this has been completed.
4. The Price and Payment
a) The price of the products will be the price quoted on the website at the time we accept your order.
b) In addition to the price, you will have to pay our delivery charges as quoted in the website at the time we accept your order. The amount of these charges vary in accordance with the method of delivery and the delivery address you specify in your order.
c) Payment is made by credit card at the time we accept your order. (The credit cards we accept are listed in the website at the time you place your order). Refunds (only when applicable) will generally be made by means of a credit to your credit card or as a store coupon or credit.
d) Although every care is taken in the quality of content on this site, there may occasionally be an error and items may be mis-priced. In this event we will either: contact you to ask if you wish to cancel the order, or simply cancel the order and notify you, at our own discretion. We are under no obligation to supply goods at the incorrect price.
5. Delivery of Products
a) We will arrange for delivery of the products you order by the method and to the address which you specify in the check out procedure. However, the time for delivery will not be essential to the contract between us.
b) If you do not take delivery of the products or supply adequate delivery instructions, we may cancel your order and retain the products. In this event, we will refund you the price of the products, but you will still be liable to pay any delivery charges.
c) If there is an error or any other delivery problem in respect of the products ordered, you must notify us in writing via email through our “Contact Us” link, within 7 days after the delivery date. We will not be liable for any loss or damage if you fail to do this.
6. Freight
a) Dive Warehouse makes every attempt to have orders processed as fast as possible. Most orders are processed and freighted out within 24-48 hours of being placed.
b) Dive Warehouse reserve the right to send parcels out to customers by whichever means they see as appropriate.
c) Due to external factors Dive Warehouse cannot guarantee transit times as this is done by external organisations.
d) If you have delivery instructions for an order asking that your order be left, Dive Warehouse accepts no liability for loss or damage of that order.
6a. Express Post Freight Option
a) Dive Warehouse offers express post freight, but conditions apply with this option.
b) Parcels over 5kg in total including packaging can not be sent express post.
c) If your parcel is over 5kg we will send the parcel by normal freight which will take normal land transit times to your destination.
d) We will contact you by email to inform you that your order can not be sent express. If we can not contact you we will proceed with the order but send it by normal freight means and you will not be charged the Express post fee.
e) PLEASE NOTE: Some destinations are not covered by express post and therefor will not get to your destination faster. Here are a list of Post Codes covered by the Express Post Network.
f) Dive Warehouse accepts no liability if your parcel does not get to your destination faster.
7. Refunds
a) If you have ordered products that you no longer want and we have already sent the items you will be liable for any freight cost incurred by Dive Warehouse.
b) No items will be refunded once you have opened the product containers or used the products or if the items are in an unsatisfactory condition or a duration of time has lapsed. However, your statutory rights concerning the quality of those products will be unaffected.
c) All online orders will need to be sent back to Dive Warehouse for exchange or warranty by the customer at the customers expense. If the product is deemed faulty, Dive Warehouse will cover the postage cost once the item has been returned.
d) Any faulty items will need to be assessed by Dive Warehouse before a decision is made. The customer will need to send the item/s back at their own cost.
e) Returns are not done automatically. We will exchange, repair or replace goods in accordance with Queenslands Consumer Rights.
8. General
a) The products advertised in the Web Site are intended for sale to persons dealing as consumers and are not for re-sale.
9. Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJOR OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO SITES OR CHANGE THE SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.