GO-DIVE WEB BROCHURE - TERMS AND CONDITIONS
OF BUSINESS
1. INTRODUCTION AND GENERAL
1.1. GO-DIVE intends to be fair, honest, and open
with our customers and hopes that they will be the same with us. We may
make genuine mistakes and only ask for the opportunity to correct them
if that happens. The following terms are for the sake of clarity and ensuring
as far as possible we comply with necessary regulations.
1.2. GO-DIVE do our best to ensure the accuracy
of information on the Go-Dive website (godive.net), but there may still
be genuine mistakes and you should be aware that images are in any case
not always accurate, for example colours may vary and manufacturers
specifications change after the image was created. If you think that
there may be an error please let us know.
1.3. Go-Dive cannot accept any liability for the accuracy
or content of any other websites with links into or out from the site.
1.4. We reserve the right to correct errors and omissions
in any price or other information without any liability. An order
is accepted when we take payment from an acceptable credit or debit card.
If we make a change which affects an order which has been placed and not
yet accepted and despatched, we will inform the customer who may
then choose to cancel the order without penalty. No change will apply
to any order after it has been accepted and payment taken so that a contract
has been created.
1.5. These terms and conditions, and any order form
or payment instructions are intended to comprise the whole agreement between
Go-Dive and our customers in relation to on-line orders. When placing an
on-line order you will be invited to read these terms and acknowledge that
you have been made aware of them. If the you have any special requirements
or have made any special agreement for a particular order these should
be put in the space provided on the on-line order form.
1.6. By using the Go-Dive web site or submitting an
on-line order for a product on the Go-Dive web site, customers
agree to accept these terms and conditions.
1.7. Nothing in these terms and conditions is intended
to remove any of the customers statutory rights which cannot be legally
removed. If meaning is uncertain then no term should be read in a
way which would remove a customers statutory rights
2. ACCEPTANCE OF ORDERS
2.1. All orders are subject to product availability.
2.2. All orders are subject to acceptance by us.
Acceptance may be withheld at our absolute discretion.
An order is only accepted when we take payment from
an acceptable credit or debit card.
2.3. Certain products on the site may only
be sold legally to persons over a certain age. We reserve the right
to refuse any order for those products where satisfactory proof of age
has not been provided
3. DELIVERY
3.1. Known delivery delays will be advised but please
leave up to 30 days for delivery. In stock items will generally be dispatched
the same day for next day or 48 hour delivery depending on product type
and carrier used. Some out of stock products may take longer.
Any delivery date notified will be an estimate only. We shall not be liable
for delays caused by matters outside our control. If you specify
or agree that you will accept delivery of part of an order whilst we wait
for the remainder to come into stock there MAY be additional delivery charges
which you will be notified of and asked to accept before despatch. If we
cannot agree the delivery charge no contract will be made and the order
can be cancelled by either you or Go-Dive with no penalty or liability
on either side.
3.2. Do not accept delivery if the packaging appears
damaged unless you have the opportunity to inspect the goods first and
accept that they are undamaged. If it appears damage may have occurred
to the goods in transit please notify the carrier and Go-Dive as soon as
possible.
3.3. The standard delivery cost is based on the actual
cost of various carriers used. If you would like your goods shipped by
another specified method you must make this clear at time of ordering and
agree the charge for delivery. Please note that there are some countries
that we do not ship to. Some carriers will not accept some product categories
especially, for example, cylinders , knives or some batteries.
3.4. Risk of damage to or loss of the product shall
pass to you at the point at which they are delivered.
3.5. For UK couriered consignments we reserve the
right to make an additional charge for redirection to address other then
the delivery address specified in your order.
4. PAYMENT
4.1. Payment is not automatically deducted from
your card when an order is made and payment details provided. Payment will
normally be debited from your card manually when the order is ready to
be packed for despatch.
4.2. Our website prices will be displayed
in pounds sterling. It should be noted that your payment card will be debited
in pounds sterling. Your card provider may convert to the currency of your
account. You may use MasterCard, Visa, Switch credit or debit cards.
4.3. We aim to protect legitimate credit card owners
from fraud and therefore will report to the necessary authorities any person
attempting to use a card which they are not authorised to use or anything
else we find suspicious. This is for the protection of genuine customers.
4.4. Credit or Debit card is the standard form of
payment for on-line orders from Go-dive. Any other form of payment may
be subject to special terms.
5. PROPERTY
5.1. Property in the goods shall pass to you provided
your payment has cleared and the goods have been delivered.
5.2. GO-DIVE asserts all of its intellectual property
rights in all of its promotional materials and trademarks.
6. WARRANTIES AND LIABILITIES
6.1. All products supplied by Go-Dive will
conform to all relevant British and European standards as far as GO-DIVE
can ascertain.
6.2. All products are supplied with a full UK
guarantee.
6.3. Go-Dive accepts no liability for any defect arising
from fair wear and tear, wilful damage, negligence, abnormal use , failure
to follow manufacturer's instructions, misuse or alteration of the goods.
6.4. It is your responsibility to ensure, before
ordering, that the intended user will have the correct training, experience,
and qualifications if required from a recognised training organisation,
for using the ordered items.
Improper use of some of the equipment sold by Go-Dive
is potentially hazardous. Anyone using the equipment must accept
responsibility for using the equipment safely and assume the risks and
liability for any damages which may result from its use.
6.5. If a product is delivered which is faulty
or not as specified on your order it may be returned for a full refund
of the price of the product. Please see the section about returning goods
which follows.
7. RETURNING UNWANTED, OR WRONG SIZE, OR FAULTY
GOODS
7.1. Before returning any product for whatever reason,
GO-DIVE must first be notified and the method of return agreed. When returning
goods please enclose your contact details including a day time phone
number, credit card details a note of why the goods are being returned
and your receipt.
7.2. Faulty or incorrect goods
If any goods are faulty or not as ordered (including
goods not the size you ordered) please contact Go-Dive immediately on discovering
the fault. Faulty goods can be returned to us for a refund
(please see 7.1 above). The order will be cancelled. If replacement
is required you may make a new order.
Please note that any faults discovered after the
item has been used may require the goods to be returned to the manufacturer
for warranty confirmation before a refund can be processed.
7.3. Goods unwanted because you ordered the wrong
size or for any other reason and your right to cancel
The distance selling regulations apply to orders
based on information on the web site if they are placed on-line and delivery
is in the E.U. This means that you may cancel your order, for any
reason, at any time up to seven working days after you have received the
products, and receive a refund within 30 days of giving notice of cancellation.
If you cancel the order you will be required to
return the products to us (Please see 7.1 above). You will be responsible
for the cost of return carriage for cancelled orders where the goods are
as ordered. Until the goods are returned you have a duty to take
reasonable care of the goods.
If replacement is required you may make a new order.
7.4. Goods which have been Customised, Personalised
or Made to Measure
Paragraph 7.3 above does not apply to goods made
to the customer's specifications or clearly personalised or which by reason
of their nature cannot be returned or are liable to deteriorate or expire
rapidly, (see para 1.7 above).
7.5. A 10% re-stocking fee will apply, and post
and packing cost of returns will be at the customers own expense,
for items returned because they are unwanted or because they were specified
incorrectly in the order if they have been ordered by us specially for
the customer.
.
8. EXPORT
8.1. If goods are to be shipped or used overseas,
then it is your responsibility to ensure that it is legal to ship
the product to the destination country and use it.
8.2. Paragraph 7.3 above does not apply to goods
delivered outside the E.U.
8.3. Consignments despatched to addresses outside
of the UK will only be sent to the registered billing address as held your
credit card company.
9. FURTHER INFORMATION
9.1. Products ordered on the Go-Dive web site, but
not on sites linked to from the Go-Dive web site, are supplied by ;
Go-Dive, 1230-1232 London Road, Alvaston, Derby
DE24 8QP.
Proprietor: Mr. Mark Hudson
9.2. The products ordered will be described
on the order form along with the price to be paid including all due taxes
(in UK).
9.3. The delivery charge will be shown on the order
form unless a different charge has been agreed and agreement confirmed
by both of us by email.
9.4. You have the right to cancel orders made online,
and not collected personally, as described elsewhere in these Terms and
conditions.
10. PRIVACY POLICY
10.1. The information we have about you will not
currently be stored on a computer by GO-DIVE, except that we
may make a record of your contact details such as phone numbers and address
and your credit/debit card details as provided on your order until a reasonable
time after the order has been processed, in order to assist us to
provide the best possible service.
10.2. If you opt to receive e-mail offer information
from us on your order form your e-mail address and first name will be securely
stored on a mailing list. No other information will be linked
to your e-mail address or name. If you opt NOT to receive our e-mail
offer information your e-mail address only will be stored on an unsubscribe
list.
You can request that your name be removed from the
mailing list and added to the unsubscribe list at any time by
email to admin@teamgodive.net. Once your email address is stored
on the unsubscribe list you will not receive e-mail offers at that address
even if you subsequently opt in on an order form unless you also e-mail
admin@teamgodive.co.uk with a request to be removed from the unsubscribe
list.
10.3. No information about you will be passed on
by Go-dive to any other party unless required by law or unless you implicitly
or explicitly request it. (eg. size information for made to measure
suits or lens prescriptions for masks will be passed to the manufacturer).
10.4. Although cookies may be set by some of the links
on the website, Go-Dive do not use any information from cookies unless
you ask to be remembered in the shopping basket. The site should function
with cookies turned off.
11. CUSTOMER SATISFACTION
11.1. We want you to continue to use the services
provided by GO-DIVE, so if you are not happy with the service you have
received, in the first instance please contact the owner of the business,
Mark Hudson, by telephone on +44 (0)1332 755488 or e-mail godivemark@hotmail.com
.
12. OTHER
12.1. You are not entitled to assign or transfer
any of your rights or obligations under these terms and conditions.
12.2. These terms and conditions shall be governed
by the laws of England and you agree to submit to the non-exclusive jurisdiction
of the English courts.
12.3. If any of these conditions is invalid or unenforceable
the validity of the other conditions will still apply as far as possible.
Updated 7th July 2005
050707/01
Previously Updated 10th May 2005
050505/02