Terms and Conditions of Sale and Supply of Services
Internet Equipment Exclusion zones:
Some products can only be delivered into the following regions from our website: Australia, Pacific Islands, and Papua New Guinea.
These Conditions will prevail unless the Pro Dive Cairns Dive Store agrees otherwise in writing. Together with any terms accepted by the Pro Dive Cairns Dive Store in connection with an order, these Conditions constitute the entire agreement between the Pro Dive Cairns Dive Store and the Customer in relation to the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by a director of the Pro Dive Cairns Dive Store
Pro Dive Cairns Dive Store reserves the right to cancel any order placed by the customer and refund any monies at all times.
A. Products and equipment found in this website or catalogue may require special training, or experience to use the product. By placing an order on divestore.com.au you acknowledge that this training and experience may be required to use the equipment purchased.
1. Prices
All prices quoted include GST. Pro Dive Cairns Dive Store has used all reasonable endeavours to ensure that prices for the Supplies are accurately set out in the website, but reserves the right to change prices without notice at any time. Prices charged will be those prevailing when an order is accepted.
2. Payment
Payment is due at the time of ordering.
Pro Dive Cairns Dive Store reserves the right to charge for copy invoices or where the original has been lost or misplaced by the Customer. If legal action is taken to recover monies due to Pro Dive Cairns Dive Store then, in addition to any right which Pro Dive Cairns Dive Store may have to recover its costs as part of such action, Pro Dive Cairns Dive Store reserves the right to charge the Customer an administrative fee to cover all and any costs incurred.
3. Orders
Pro Dive Cairns Dive Store reserves the right to decline to trade with any company or person. Telephone orders are assumed to be urgent and, where Goods are in stock, Pro Dive Cairns Dive Store will use all reasonable endeavours to dispatch Goods ordered on the same day - providing instructions are received before 11.00am.
Pro Dive Cairns may at times also drop ship products from our wholesalers as they may be closer to the customers delivery address. Drop shipping from our wholesalers will require us to share you product order and delivery information with the supplier. This information will be used only for processing and sending the goods.
4. Delivery
A nominal charge may be made against all orders to cover carriage, package and handling.
Pro Dive Cairns Dive Store will ship in stock orders within 2 business days and delivery should be expected within 7 days for domestic east coast delivery & 10 days west coast delivery. Pro Dive Cairns Dive Store will use reasonable endeavours to meet delivery and/or performance estimates but, we shall not be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance.
Time for delivery and/or performance will not be of the essence. Delivery will be made to the address specified by the Customer. Pro Dive Cairns Dive Store may use any method of delivery available to it. Pro Dive Cairns Dive Store reserves the right to deliver or perform by instalments.
5. Inspection, defects and non delivery
The Customer must inspect the Supplies as soon as is reasonably practicable after delivery or, in the case of Services, performance and, except as set out in Conditions below, Pro Dive Cairns Dive Store shall not be liable for any shortage in the Supplies unless written notice is given to Pro Dive Cairns Dive Store within 14 days of inspection.
6. Returns for warranty
The Customer should return the Goods to ‘Warranty Department, DiveStore.com.au PO Pox 5551 • Cairns • 4870 • QLD • Australia. We recommend you insure all goods you return, please provide us with as much information regarding the return with your requests and warranty issue and a copy of your purchase receipt. Please also return all goods with any original packaging and swing tags.
7. Refunds
Pro Dive Cairns Dive Store does not offer refunds for change of mind purchases, however we will offer a refund for any faulty, defective, or incorrectly sent product that is not as described on this site. We are also happy to exchange goods if sizes were incorrectly chosen. For any refunds or incorrectly purchased sizes you will first need to return the unused good as soon as possible in it's original condition with a letter describing the issues or new size required. Please advise us within 14 days of receiving your products that you need to return the goods and we will issue a RA Return Authority number to help track you returned goods. Pro Dive Cairns will not be responsible for freight for returns of any goods where sizes have been incorrectly chosen.
8. Retention of Title
It is expressly agreed that the title to the Goods shall not pass to the Customer until payment has been received in full by Pro Dive Cairns Dive Store but the Goods and any part thereof delivered shall nevertheless be at the Customer's risk from the time of delivery and the Customer shall indemnify Pro Dive Cairns Dive Store against all loss of or damage to the Goods from whatever cause occurring after such time and Pro Dive Cairns Dive Store shall not be under any obligations to give any statutory notice or other notice that it accepts no responsibility.
9. Privacy
The information collected by us about you from time to time, is for the sole use of Pro Dive Cairns Dive Store. It shall be retained for use in all current and core activities, including those activities carried out for management, administration and accountability for those core activities or functions such as billing, and for informing you from time to time of products or services offered by Divestore.com.au in which we think that you may be interested.
All use of personal information will be in accordance with the Company's Privacy Policy.
10. Promotions
In the event that Pro Dive Cairns Dive Store sends promotional material to the Customer in relation to goods or services available from Pro Dive Cairns Dive Store, these Conditions shall apply to all Supplies purchased from such material.
11.
Pro Dive Cairns Dive Store reserves the right not to supply to certain customers or countries and to require from the Customer full details of the end use and final destination of the Goods. Pro Dive Cairns Dive Store may also contact the customer to confirm address and dive certification information prior to shipping any product.