 |
Categories |
 |
|
 |
Manufacturers |
|
|
|
|
 |
Quick Find |
|
|
 |
Information |
|
|
|
| Conditions of Use |
 |
|
|
Odyssey Dive Centre Limited
Web Site Agreement Terms and Conditions of Sale
3rd Edition
© Odyssey Dive Centre Limited March 2010
These pages (together with any documents referred to on it) tell you the terms and conditions on which we supply any and all goods and services purchased and or provided via any and all of our websites including odysseydivecentre.com (“Our Site/Odyssey Site etc”).
Please read these terms and conditions carefully before ordering any Products. You should understand that by ordering and or buying any of our Products, you agree to be bound by these terms and conditions (“the/this Contract”).
For the avoidance of doubt, the headings and numbering in this Contract/terms and conditions are not part of the Agreement/terms and conditions.
You should print a copy of this Agreement/terms and conditions for future reference.
1. About Us
1.1 Odysseydivecentre.com is a site operated by Odyssey Dive Centre Limited, a company incorporated in England and Wales under company number 06386718 of Units 18 – 19 Cheadle Hulme Shopping Centre, Cheadle Hulme, Stockport, SK8 5BB, which is our registered office (“we/us/our” etc).
1.2 For the avoidance of doubt, other than you and Odyssey Dive Centre Limited, no other entity or affiliate or partner or person is bound by this agreement and any other agreement that you may be asked to sign by us and which may be part of any contract or legal agreement or relationship between us.
1.3 For the further avoidance of doubt, where the goods and services purchased is/are/includes diver training or supervision or instruction, such will be provided by Odyssey Dive Centre Limited alone and not Northern Diver (International) Limited nor any other person howsoever.
2. Your Status
2.1 By placing an order through the Odyssey Site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
(c) You are competent and trained in the use of any goods and services that you purchase and any activity that will be undertaken following the purchase of or using the goods and services.
(d) That you will not supply or allow for use any goods and services to any person that is not trained and competent in the use of the goods and services that you purchase and any activity that will be undertaken following the purchase of or using the Product.
(e) That you agree to be bound by these terms and conditions and any other policies posted on our Site(s) from time not limited to policies relating to acceptable use of the Site.
3. How the Contract is formed between you and us where you use the Our Site to order goods and or services
3.1 All goods and services shown as being available or for sale on our website are so shown as an invitation to treat and any suggestion that any goods or services are offered for sale is hereby overridden and for the avoidance of doubt, it is your order that amounts to an offer and we alone are capable of acceptance.
3.2 For orders placed over the telephone or in the Odyssey Dive Centre or in any other place, these terms and conditions will apply save where the proper meaning and effect implies otherwise.
3.3 Where the goods and services purchased is/are/includes diver training or supervision or instruction, then in respect of the diver training or supervision or instruction, the Contract between us will not be legally binding and your order will not be finalised until and unless you have entered into any other agreement as required by us which may include medical certification of fitness to dive and other documents.
3.4 After placing an order, any e-mail from us acknowledging that we have received your order (“Order Acknowledged”) does not mean that your order has been accepted.
3.5 Your order constitutes an offer to us to buy a goods or services. As detailed in 3.1. above, all orders are subject to acceptance by us, and we will confirm such acceptance to you via telephone or by sending you an e-mail that confirms that your Order has been accepted (“Order Confirmation”).
3.6 The Contract between us will only be formed when we send you the Order Confirmation.
3.7 The Order Confirmation may also give other information including details of delivery or presentation of the goods and services.
3.8 The Contract will relate only to those goods and services which we mention in the Order Confirmation. We will not be obliged to supply any other goods and services which may have been part of your order until we have sent you an Order Confirmation relating to those goods and services.
3.9 We will only send you an Order Confirmation in respect of goods and services for which we have received payment in full including any delivery charges.
4. Third Party Links
4.1 We may also provide links on the Odyssey Site to the websites of other companies/persons, whether affiliated with us or not. We do not give any undertaking, that products or services you purchase from third party sellers through our site, or from companies/persons to whose website we have provided a link on the Odyssey Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
5. Consumer rights
5.1 Subject to the terms of this part of this agreement, the rights detailed in this part 5 apply onto to orders placed on the Odyssey Site and not to orders placed over the telephone or in the Odyssey Dive Centre or at any other place howsoever.
5.2 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the goods and services but not where those services purchased is/are/includes diver training or supervision or instruction. In this case, you will receive a full refund of the price paid for the goods in accordance with our refunds policy (set out in paragraph 9 below).
5.3 To cancel a Contract, you must inform us in writing and return the goods to us immediately, in the same condition in which you received them, and at your own cost and risk.
5.4 This provision does not affect your statutory rights.
6. Availability and delivery
6.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation. We reserve the right to make reasonable adjustments to the delivery times and dates and arrangements including but not limited to destination. We will notify you by email or telephone if we do this. For the avoidance of doubt, time is not of the essence in delivery.
6.2 We reserve the right to cancel the order/Contract at any time should the goods and services not be available for any reason whatsoever and/or should we in our discretion chose not to supply the goods and or services purchased, even after we have sent you an Order Confirmation. We will refund any monies paid if we chose to cancel the Contract.
7. Risk and title
7.1 The goods and services will be at your risk from the time that you take delivery.
7.2 Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of all goods and services purchased by you, in this or any other order you have placed with us including delivery charges.
8. Price and payment
8.1 Where products are ordered via our Site the price of any Products will be as quoted on our Site from time to time, except in cases of error
8.2 These prices include VAT where chargeable but exclude delivery costs as detailed on the Site, which will be added to the total amount due.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
8.4 Payment for all goods and services ordered on the Site must be made by credit or debit card which will be charged when your order is placed.
8.5 The provisions of our current Shipping and Returns Policy shall apply to and be part of this Contract.
9. Our refunds policy
9.1 When you return goods (but not services that is/are/includes diver training or supervision or instruction) to us (for instance, because you have cancelled the Contract between us or because you claim that the good is defective), we will examine the returned good and if it is defective will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective good.
9.2 Goods returned by you because of a defect and which are defective will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.3 Goods returned by you within the seven-day cooling-off period (see paragraph 5.1 above) will be refunded in full, including the cost of delivery charges for sending the item to You. However, you will be responsible for the cost of returning the goods to us.
10. Our liability
10.1 Our liability in connection with any goods and/or services purchased is strictly limited to the purchase price of those goods and/or sevices.
10.2 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal or unlawful for us to exclude, or attempt to exclude, our liability.
10.3 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11. Written communications
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic.
11.2 We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. Notices
12.1 All notices given by you to us must be headed Notice and addressed to us Odyssey Dive Centre Limited at our registered office as detailed above or info@odysseydivecentre.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 11.
12.2 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Transfer of rights and obligations
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract without your consent.
13.4 Save for the matters mentioned herein, under the provisions of the Contract (Third Party Rights) Act 1999 no third party shall have any rights or benefits under this Contract.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by events outside of our control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
14.4 In the event of a Force Majeure event or in the event that we deem that we are unable to perform the contract we may at our sole discretion cancel the Contract and in this event our refunds policy as set out in 9.2 above will apply.
15. Waiver
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.
16. Severability
16.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire agreement
17.1 These terms and conditions and any document expressly referred to in them and any other documents or agreements required by us in respect of the goods and services that are the subject of any order or purchase under these terms and conditions represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Save where required by law or by the rules of the Professional Association of Diving Instructors or any other Contract or Agreement between us that requires statements to be given by you, for example in undertaking a course of scuba diving training with us, neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
18. Our right to vary these terms and conditions
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. Law and jurisdiction
19.1 Contracts for the purchase of any Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
© Odyssey Dive Centre Limited March 2010
|
|
|
|
|
|
 |
Bestsellers |
|
|
|
|
 |
Languages |
|
|
 |
Currencies |
|
|
|
