Terms and Conditions
All Products supplied by Online Dive Gear (Diving Adelaide Pty Ltd.), 21 - 23 Grove Avenue, Marleston SA 5033, Australia - ABN 45 164 102 274 - Tel (08) 8122 5003 - Email firstname.lastname@example.org ("Diving Adelaide Pty Ltd", "DivingAdelaide.com.au", "Online Dive Gear", "OnlineDiveGear.com.au", "we" "us" or "our"), are supplied on these terms and conditions. This website ("Site", "Online Shopping Store") is operated and owned by Diving Adelaide Pty Ltd.
1. Payments Terms
Payments must be made in full and on checkout in the online shopping cart without set off or deduction. Online Dive Gear (Diving Adelaide Pty Ltd.) will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer.
All displayed prices on this Site are in Australian Dollars (AUD) and include Goods and Services Tax (GST). Product prices are regularly updated. However, Online Dive Gear (Diving Adelaide Pty. Ltd.) does not warrant the accuracy or completeness of the information and prices provided on the site.
3. Order acceptance
No order shall be binding on www.onlinedivegear.com.au until accepted by Online Dive Gear (Diving Adelaide Pty Ltd.). An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Online Dive Gear (Diving Adelaide Pty Ltd.) of an order from the Customer. Online Dive Gear (Diving Adelaide Pty Ltd.) reserves the right to accept any order in whole or in part. Where Online Dive Gear (Diving Adelaide Pty Ltd.) makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Online Dive Gear (Diving Adelaide Pty Ltd.).
4. Title to products
Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Online Dive Gear (Diving Adelaide Pty Ltd.). Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer.
Online Dive Gear (Diving Adelaide Pty Ltd.) reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Online Dive Gear (Diving Adelaide Pty Ltd.).
A handling fee may be incurred on all orders.
Orders will be shipped to the address provided by you when creating your account. The address provided has to be current and correct. Online Dive Gear (Diving Adelaide Pty. Ltd.) are not responsible for lost packages due to addresses not being up to date or being incorrect. If the package is returned to sender via the post office, there will be a charge to reship to your correct address. Address will be corrected on your account prior to reshipping. Online Dive Gear (Diving Adelaide Pty. Ltd.) are not responsible for items lost in the mail due to incorrect shipping addresses provided by the buyer.
Please note: when placing an order you agree to our "Shipping & Deliveries" terms & conditions.
Many of our products ship for free to most areas in Australia. We try our best to cover the shipping costs, but in some cases (surfboards to the NT or long spearguns to remote WA for example), this is not viable. In those cases we will check the actual shipping costs and will email a quote. Customer reserves the right to cancel the order after receiving the quote.
We reserve the right to split an order into several deliveries. Any additional shipping costs will be covered by us (Online Dive Gear).
Please see our Returns Policy.
7. Customer Specific Stock
Where Online Dive Gear (Diving Adelaide Pty Ltd.) has agreed to produce and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevaling supply price. Where the Customer does not do so, Online Dive Gear (Diving Adelaide Pty Ltd.) may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies Online Dive Gear (Diving Adelaide Pty Ltd.) against all claims, demands, loss, costs and expenses incurred by or made against Adreno, arising out of any actual or alleged infringement of patents, copyrights, or other material that Online Dive Gear (Diving Adelaide Pty Ltd.) may use, print or reproduce at the Customers request.
Except for those required or implied by legislation, Online Dive Gear (Diving Adelaide Pty Ltd.) gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of Online Dive Gear (Diving Adelaide Pty Ltd.). Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of Online Dive Gear (Diving Adelaide Pty Ltd.) under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option of Online Dive Gear (Diving Adelaide Pty Ltd.) to:
a) the replacement of goods or the supply of equivalent goods;
b) the repair of goods
c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
d) the payment of the cost of having the goods repaired;
Except to the extent the law provides that liability is not able to be excluded, Online Dive Gear (Diving Adelaide Pty Ltd.) shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Online Dive Gear (Diving Adelaide Pty Ltd.) or the failure of Online Dive Gear (Diving Adelaide Pty Ltd.) to comply with these terms and conditions.
These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer's order. In the event of any inconsistency, Online Dive Gear (Diving Adelaide Pty Ltd.) will be deemed, by deliverijng of the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Cutomer retains the Products or aceepts the services. Online Dive Gear (Diving Adelaide Pty Ltd.) reserves the right to change these Terms and Conditions at any time.
All prices listed on the Online Dive Gear (Diving Adelaide Pty Ltd.) website are inclusive of GST. Any consideration and all other amounts to be paid from a purchase through the Online Dive Gear (Diving Adelaide Pty Ltd.) online shopping store will be laible for GST. Upon checkout Online Dive Gear (Diving Adelaide Pty Ltd.) will issue a tax invoice showing the amount of GST applicable for the particular purchase.
These terms and conditions are govered by and will be construed in accordance with the laws of South Australia and the parties agree to submit to the jurisdiction of the courts of that state.
12. No Waiver
The failure of Online Dive Gear (Diving Adelaide Pty Ltd.) to exercise, or any delay in exercising, any right, power or privilige available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right of power.
13. Export Agreements
Not all products listed on this website are available for export outside the Australian market due to distribution agreements in certain territories.
Online Dive Gear (Diving Adelaide Pty Ltd.) commits not to sell Mares or Scubapro products for delivery outside Australia.
14. Copyright, Limitations of Use and Trademarks
All content on this Site, including Site layout, design, images, programs, text and other information (collectively, the "Content") is the property of Diving Adelaide Pty. Ltd. and its affiliated companies or licensors. This Site is protected by copyright and other intellectual property laws. You may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone. Except as otherwise expressly permitted under applicable law or as destribed in this Copyright statement or our Terms and Conditions or other relevant license or subscriber agreement.
You may print or download Content from the Site for your own personal, non-commercial use, provided that you keep intact all our copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Diving Adelaide Pty. Ltd..
You agree that you will not use any robots, spiders, crawlers, or other automated downloading programs or devices to:
- continuously and automatically search or index any Content, unless authorised by us
- harvest personal information from the Site for purposes of sending unsolicited or unauthorised material
- or cause disruption to the working of the Site
If this Site contains robot exclusion files or robot exclusion headers, you agree to honour them. Any questions on whether a particular use is authorised and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content must be directed to Diving Adelaide Pty Ltd..
You may not, without the approval of Diving Adelaide Pty Ltd., use the Site to publish or distribute any advertising, promotional material, or sollicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other informational services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or use the facilities and/or services to distribute multiple copies of public domain information or shareware.
All trademarks appearing on this Site are the property of their respective owners.
Online Dive Gear (Diving Adelaide Pty. Ltd.) is not responsible for the Content or the privacy policies of external websites to which we may link.
Whilst all details on this Site have been carefully prepared and are believed to be correct, no warranty can be given either expressly or implied by the vendors or their agents. Photographs are for presentation purposes and are indicative only. They should not be relied upon as an accurate representation of the final product. Specifications and prices may change at any time.