DISCOVER DIVING WEBSALES - TERMS AND CONDITIONS OF BUSINESS

1. INTRODUCTION AND GENERAL

1.1. At Discover Diving we aim to be fair and honest with our customers and hope that you 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. Discover Diving strived to ensure the accuracy of information on the Discover Diving website (discoverdiving.im), but there may still be genuine mistakes. You should be aware that images are in any case not always accurate, for example, colours may vary and manufacturers’ specifications may be changed after the image was created. If you think that there may be an error please let us know.

1.3. Discover Diving does not accept any liability for the accuracy or content of any other websites with links into or out of our 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 Discover Diving 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 you have any special requirements or have made any special agreement for a particular order these should be noted in the space provided on the on-line order form.

1.6. By using the Discover Diving web site or submitting an on-line order for a product on the Discover Diving 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 customer’s statutory rights which cannot be legally removed. If meaning is uncertain then no term should be read in a way which would remove a customer’s 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.

2.3. We cannot accept any order without full details of your name, delivery and billing address, contact phone number and email address.

2.4. An order is only accepted when payment from an acceptable credit or debit card is approved via our secure epayments facility. We will email you with a confirmation of your order, including details of how to cancel, contact postal address and details of any guarantees, warranties or after sales services will be included (where applicable).

2.5. 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 Discover Diving 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 Discover Diving as soon as possible.

3.3. The shipping cost for each order is shown in the shopping cart and can be clearly seen before a purchase is made. If you would like your goods shipped by a 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 automatically deducted from your card when an order is made and payment details provided via our secure epayments facility.

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 Discover Diving. 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. Discover Diving 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 Discover Diving will conform to all relevant British and European standards as far as Discover Diving can ascertain.

6.2. All products are supplied with a full UK guarantee.

6.3. Discover Diving 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 Discover Diving 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, Discover Diving must first be notified in writing (email or letter) and the method of return agreed. When returning goods please enclose your contact details including a daytime 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 Discover Diving 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). Paragraph 7.3 does not apply to computer software if the packaging has been opened.

7.5. A 10% re-stocking fee will apply, and post and packing cost of returns will be at the customer’s 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 especially 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.

8.4 It is your responsibility to ensure that any further taxes due in the destination country are paid.

9. FURTHER INFORMATION

9.1. Products ordered on the Discover Diving website, but not on sites linked to from the Discover Diving web site, are supplied by; Discover Diving, Unit 6, Harmat Court, Portside, Balthane Industrial Estate, Ballasalla, Isle of Man IM9 2EU.
Proprietor: Mr Stephen A Cowley.

9.2. The products ordered will be described on the confirmation email along with the price to be paid including all due taxes (in UK).

9.3. The delivery charge will be shown on the confirmation email 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 Discover Diving, 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 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 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@discoverdiving.im. 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@discoverdiving.im with a request to be removed from the unsubscribe list.

10.3. No information about you will be passed on by Discover Diving 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, Discover Diving 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 Discover Diving, so if you are not happy with the service you have received, in the first instance please contact the owner of the business, Steve Cowley, by telephone on +44 (0)1624 822442 or e-mail steve@discoverdiving.im.

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 the Isle of Man and you agree to submit to the non-exclusive jurisdiction of the Isle of Man 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.

Version 1.
Dated 27th November, 2006