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.

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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