Terms of service

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 purchases 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, please notify us in writing via our Contact Us page as soon as possible after the delivery date so we can resolve it promptly. This does not affect your rights under the Australian Consumer Law.

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 therefore 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. Returns, Exchanges and Refunds

a) Full details are set out in our Returns, Exchanges & Refunds policy, which forms part of these terms.

b) Change of mind. If you no longer want an item, you may return it within 7 days of delivery for an exchange or store credit, provided it is unused, unworn and in re-saleable condition with tags and packaging intact. You pay the return postage, and a $9.95 redelivery fee applies to exchanges. Refunds are not offered for change of mind.

c) Faulty, damaged or incorrect items. Your rights under the Australian Consumer Law apply. If an item has a major failure, you may choose a refund or a replacement, or compensation for any drop in value. If the failure is minor, we may choose to repair the item within a reasonable time. The change-of-mind conditions in clause (b) do not limit these rights.

d) Return costs. Change-of-mind returns are sent at your expense. Where an item is faulty, damaged or incorrect, we will reimburse reasonable return postage as required by law.

e) All returns are assessed on arrival. An exchange, store credit or refund is processed once the item has been received, assessed and approved.

f) Nothing in these terms excludes, restricts or modifies any right or remedy available to you under the Australian Consumer Law.

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

To the maximum extent permitted by law, and subject to clause 7(f), Dive Warehouse is not liable to you or any other person for any indirect, incidental, special or consequential loss, including lost profits, arising from (a) the use of, or 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.

Where our liability cannot be excluded, it is limited to the maximum extent the law allows. Dive Warehouse is not liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control. We may terminate your further access to our sites, or change the sites or delete content or features, at any time.

Nothing in this clause excludes, restricts or modifies any right or remedy available to you under the Australian Consumer Law, including any liability for death or personal injury caused by our negligence.