- Term & Conditions
Term & Conditions
goods (“Products and services”) supplied
by Dive Imports on these terms and conditions.
2. Order acceptance
An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Dive Imports of an order from the Customer. Dive Imports reserves the right to accept any order in whole or in part. Where Dive Imports makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Dive Imports (cancellation fees might apply).
2.1 Sale Items
Dive Imports will always do their best to ensure all sale items are in stock in all of our outlets, however, in circumstances there may be limited stock only available in one, some or none of our outlets. 'End of line' and other sale items that are out of stock, may not be re-ordered. There may be instances where out of stock items remain on the website for a period after going out of stock. Dive Imports will always remove these products in the most timely manner possible.
3. Payment terms
Payment must be made in full and on checkout in the online shopping cart without set off or deduction. Dive Imports will investigate any disputed amounts, and resolve them by issuing a credit to the Customer when required.
4. Title to products
Ownership of the product does not pass to the Customer until the relevant order has been fulfilled and dispatched from the Dive Imports location. Dive Imports reserves the right to void any order if deemed necessary prior to dispatch.
· Dive Imports 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 are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Dive Imports.
· A handling fee may be incurred on all orders
· Items over 1m in length or 3kg in weight will travel by road freight courier. Road courier deliveries require a signature on delivery and cannot be sent either to a PO box or C/O a post office.
· Bulky items, over 3kg in weight, may incur a freight surcharge. Any such surcharge will be notified to the customer prior to any such charges for additional freight being added to the amount charged by credit card, unless these are already indicated on and included in, the price from the website.
6. Returns - Dive Imports has a hassle free returns policy
Please refer to our Return Policy Page. Any Products which are damaged or defective, or which are not otherwise in accordance with the Customer’s order, or which the law provides may otherwise be returned to Dive Imports within 7 days after the Customer has received the Products, at no cost to the Customer.
· For all other returns, please obtain a returns form and return within 30 days of delivery.
· Products must be in their original packaging, unopened, of a current make and model, and otherwise as new and in a saleable condition.
· Return product at the Customer’s own expense.
· 15% restocking or return fee may be charged.
Dive Imports will not accept a returned Product where the Customer has caused the Product to become un-merchandisable or failed to take steps to prevent the Product from becoming un-merchandisable or the Product has become damaged by abnormal use whilst in the possession of the Customer.
7. Customer Specific Stock
Where Dive Imports has agreed to procure 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 prevailing supply price. Where the Customer does not do so, Dive Imports may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies Dive Imports against all claims, demands, loss, costs and expenses incurred by or made against Dive Imports , arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that Dive Imports may use, print or reproduce at the Customer's request.
8.1 Except for those required or implied by legislation, Dive Imports 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 Dive Imports . 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 Dive Imports 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 or Dive Imports to:
the replacement of the goods or
the supply of equivalent goods;
(b) the repair of the 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;
8.2 Except to the extent the law provides that liability is not able to be excluded, Dive Imports 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 Dive Imports or the failure of Dive Imports 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, Dive Imports will be deemed, by delivering 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 Customer retains the Products or accepts the services. Dive Imports reserves the right to change these Terms and Conditions at any time.
All prices listed on the Dive Imports website are inclusive of GST. Any consideration and all other amounts to be paid from a purchase through the Dive Imports online shopping store will be liable for GST. Upon checkout Dive Imports will issue a tax invoice showing the amount of GST applicable for the particular purchase.
These terms and conditions are governed by and will be construed in accordance with the laws of Queensland and the parties agree to submit to the jurisdiction of the courts of that state.
12. No Waiver
The failure by Dive Imports to exercise, or any delay in exercising, any right, power or privilege 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 or 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.
· Mares products are not available for export outside of Australia.
· Bichat products are not available for export outside of Australia.
14. Unauthorized Resale of Products
Dive Imports reserves the right to deny service and/or take legal action against any individual or individuals who procure products from Dive Imports with the intent to resale those products on external websites.
15. In Store Pickup
In Store Pick up orders will be available for collection in store for a period of 1 month; if the order isn’t collected by this point the order will be refunded back to the original account unless a prior arrangement is made with Dive Imports.
16. Backorder Items.
the customer is unreachable for a
period of 14 days or more Dive Imports will ship the remaining items on
order while refunding the item in question. to the customer to avoid
additional delays. A notification email of this will be sent to the
If they wish to look at an alternative product after this has occurred
contact the customer service team prior to selecting an alternative for
reduced shipping fee on their next order.
17. Uncontactable Customer, Refunding item.
If the customer is unreachable for a period of 14 days or more Dive Imports will refund the item returned back to the account from which the item/s were originally purchased. A confirmation email will then be sent through to the customer. If the customer wishes to purchase an alternative to the missing item after this has occurred they can contact our customer service team for a reduced shipping charge on the remaining item.
18. In-store pickup policy
When placing an in-store pickup the goods can only be collected by the person who placed the order. Dive Imports may request proof of identity upon collection.
19. Hostile and Abusive Customer Behaviour
Abusive customer behaviour will not be tolerated. Dive Imports staff reserves the right to deny service to any customer or business who exhibits hostile or abusive behaviour and are subject to the conditions below.
Examples of this behaviour include, but are not limited to:
· Threats of physical violence; swearing; inappropriate cultural, racial or religious references; and rudeness, including derogatory remarks.
· Demanding responses within an unreasonable requests.
· Repeatedly contacting or insisting on speaking to a particular member of staff who is not directly dealing with the matter.
· Excessive telephone calls, emails or Live Chats (this also includes unsolicited marketing calls, letters and emails that are considered to be ‘spam’ or ‘phishing’).
· Sending duplicate correspondence requiring a response to more than one member of staff; persistent refusal to accept Ban or Block.
· Available restrictions
· Customer can be Blocked or Banned from purchasing products or contacting our staff via email, social media, phone and live chat channels.
· Take legal action, such as applying for an injunction or court order to prohibit contact/poor behaviour.
20. Price Match Policy.
To price match an item with a competitor, the price match must be made on the day of purchase and is valid for that day only.
· Price match must be agreed to prior to the purchase with a Dive Imports team member either via telephone, email or in store.
· Price match must be done prior to purchase and can only be done via the telephone or in person.
· Price matching cannot be activated retrospectively.
· The price agreed upon is valid for the day of purchase only and is not valid in conjunction with any other offer.
21. Software and Technology Issues.
In the event of communications or system errors occurring regarding the settlement of accounts or other features or components of the software, neither Dive Imports nor the Software Provider will have any liability to you or to any third party in respect of such errors. Dive Imports reserves the right in the event of such errors to remove all relevant products from the Website and take any other action to correct such errors.
22. FREE GIFT VOUCHER OFFER terms & conditions.
· One voucher per customer*. Vouchers valid from November 28, 2016 to November 28, 2017. Vouchers are non-redeemable for cash and non-transferrable.
· In the event that the order placed by a customer during the Christmas Sale is returned, exchanged or otherwise varied, in whole or in part, the voucher will become null and void should value of the initial order drop below the value required to be entitled to the offer.
· In the event that the order placed by a customer during the Christmas Sale is returned, exchanged or otherwise varied, in whole or in part, after the voucher has already been redeemed Dive Imports reserves the right subtract the voucher value from the return or exchange amount.
· The voucher is only valid insofar as the customer maintains the purchase value of the original order, and Dive Imports reserves the right to claim the voucher amount back or adjust the refundable amount in line with this condition.
· By accepting the voucher offer the customer is deemed to have agreed to the terms and conditions herein.
· As per clause 2 of Dive Imports’s Terms and Conditions of shopping, no order shall be binding on Dive Imports until accepted by Dive Imports. Dive Imports reserves the right to accept or refuse any order in whole or in part.
23. FREE GIFT WITH PURCHASE Terms & Conditions
· Promo code is valid only until stocks last.
· You must, in one transaction, spend over $100 site wide on non-sale items to be eligible for this free gift, excluding the below.
· Physical Gift Cards, Digital Gift Cards, are excluded from the minimum spend.
· You must apply the code displayed on the relevant gift with purchase in your cart to receive the free gift.
· Promo code cannot be added after your order has been placed and confirmation number has been confirmed. A fee of $9.99 will be charged to ship the gift when not completed correctly through the checkout.
· Wetsuit Warehouse has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry.
· Only one (1) promo code can be applied to a single order. This includes free gift offers requiring a promo code to be applied.
· If you are unsure how to complete this promotion, please contact customer service before completing your order.
· The gift cannot be refunded or exchanged, nor can it be redeemed for cash.
· The value of full priced items must remain above $50 to maintain this offer. If purchase is exchanged/refunded below this amount, the gift must also be returned in original condition, otherwise the price of the gift will be charged to the customer.
· Offer ends December 25.