General Term & Conditions 
General  
1.1 All sales of our goods and services are subject to the following conditions and these form the contract between you and ourselves. Please note these conditions do not affect your statutory rights. If the meaning of the terms and conditions is uncertain then no term should be read in a way which would remove a customers statutory rights.  
1.2 These terms and conditions and any order form or payment instructions are intended to comprise the whole agreement between ourselves and our customers in relation to on-line orders. When placing an order on line your will be invited to read these terms and acknowledge that you have been made aware of them. 
1.3 By using our website or submitting an on-line order customers are agreeing to accept these terms and conditions. 
1.4 We reserve the right to accept or reject any order for any reason whatsoever. 
1.5 You are not entitled to assign or transfer any of your rights or obligations under this contract. This contract shall be governed by the laws of England and you agree to submit to the non-exclusive jurisdiction of the English courts.  
1.6 We do not accept, and hereby exclude to the fullest extent permissible under law, any liability for indirect or consequential loss or damage including but not limited to, any loss of data, profit, revenue or business however caused. Nothing in these terms and conditions shall be construed as excluding or limiting liability for death or personal injury caused by negligence or for fraud. 
1.7 Whilst every effort is made to be accurate we will not be responsible for any typographical error in our advertising material including our website. 
1.8 We shall not be liable to you if we cannot fulfil our obligations under this contract due to some circumstances or event outside of our control, such as an Act of God, war, riot, fire etc. 
1.9 It is agreed that the Contract (Rights of Third Parties) Act 1999 (or any repealing measure) shall not apply to this agreement and nothing in this agreement is intended to confer any benefit upon or create rights in favour of any party other than you and us. 
 
1.10 If any of these conditions is invalid or unenforceable the validity of the other conditions will still apply as far as possible.  
 
Orders  
2.1. Any on-line purchase of products from Old Harbour Dive Centre On-Line Store will be governed by these terms to the exclusion of any other terms.  
2.2 All orders are offered subject to their availability of goods and services. If for any reason any particular product or item is not available we shall try to offer a suitable alternative. If we cannot we reserve the right to cancel the contract and offer a refund. 
2.3. All orders are subject to acceptance by Old Harbour Dive Centre On-Line Store and may be declined either all or in part at our absolute discretion and in the event that any such order is declined, the payment submitted with the order will be refunded as soon as possible. An order is only accepted when we take payment from an acceptable credit or debit card. 
2.4. The quantity, quality and description of any specifications for the products shall be those set out in the site but you should be aware that the images appearing on the website are not always accurate. We reserve the right to correct errors and omissions in any price or other information without any liability. We are happy to offer advice Any advice or recommendations concerning the suitability or otherwise of a product for the intended user but point out that such advice is followed or acted upon entirely at your own risk. All pictures on our website are for graphic representation only and products shipped may differ slightly from images. 
2.5. Should a customer cancel an order they will be required to return the products to Old Harbour Dive Centre, including being liable for the cost and responsible for the safe return carriage for such cancelled orders, where the goods are as ordered. A duty of care for the safe custody and condition of the goods lies with the customer until  
such goods are in the possession of Old Harbour Dive Centre, at which time a refund will be made. 
2.6. Clause 2.5 is not applicable where goods have been specifically ordered to be personalised, made to measure or customised or which by reason of their nature it is evident that such item or items cannot be returned to stock, or are liable to expire or rapidly deteriorate Old Harbour Dive Centre will not be required to take back any such items or make a refund. 
2.7. Clause 2.5 is not applicable for any products or items subject of a special order, i.e. an order that was not a stock item, and was ordered in specially for the customer. In the event that a customer wishes to return such an item, unused, within 7 days, in its original packing, in accordance with clause 4.1. below then a 10% re-stocking fee will apply, and postage and packing cost of returns will be at the customers own expense. 
2.8. It is the customers responsibility to ensure, prior to ordering that the intended user will have the correct training, experience and qualifications if required issued by a reputable recognised training organisation before purchasing or using any diving equipment from Old Harbour Dive Centre On-Line Store. Anyone using the equipment must accept responsibility for using the equipment safely and in accordance with the manufacturers recommendations and the customer assumes the risks and liability for any damages which may result from its use. Use of scuba equipment by uncertified or untrained persons is dangerous and can result in severe injury or death. Goods on this site may only be sold to persons aged 18 or over. In placing an order for any such goods you represent and warrant that you are at least 18 years old.  
2.9. Please email us if you require delivery outside of the UK as our online payment system does not currently support this and we will need to make alternative arrangements in respect of payment. 
 
Property  
3.1. Property in the product shall pass to you provided your payment has cleared.  
3. 2. Old Harbour Dive Centre On-Line Store asserts all of its intellectual property rights in all of its promotional materials and trademarks.  
 
Returning Unwanted, Wrong size  
or Faulty or Damaged Goods  
4.1. Before returning any product for whatever reason Old Harbour Dive Centre must first be notified, a unique return product number issued by Old Harbour Dive Centre and the method of return agreed. When returning goods please enclose your contact details, including a day time telephone number, credit/debit card details and a note of explanation are to why the goods are being returned. A copy of the original packing note, together with the original packaging must be returned. Any claim based on any defect in quality or condition of the products must be notified to us within 7 days of delivery after which it will be assumed you have accepted the goods. There are no exceptions to the procedure.  
4.2.. Damaged/ faulty Goods: Please follow instructions in 4.1 above. immediately upon noticing any fault, and in any event no later than 7 days following receipt of goods. If the product is found to be faulty by ourselves we will exchange it for an identical item free of charge provided that the product is returned to us in accordance with 4.1 above. Please note that fault during use, such as flooding, may require goods to be returned to the manufacturer for warranty confirmation prior to any refund being given. If a replacement is required, an new order will be raised.  
4.3. Unwanted goods: Please contact Old Harbour Dive Centre On-Line Store before returning any items in accordance with clause 4.1 above. A refund (minus the cost of posting the item to you) can be issued for any unused returned good but subject to clause 2.5,.2.6 and 2.7 under orders above. A restocking fee of 10% will be charged for all goods returned.  
4.4. Exchange goods: Please contact Old Harbour Dive Centre On-Line Store in accordance with clause 4.1 above before returning any items. If the item was ordered incorrectly i.e. wrong size or colour then a free exchange can be made. Postage will not be free on the returned item.  
4. 5 Please be aware that any bag or container damaged in transit on an airline is the responsibility of the airline and NOT the manufacturer. Old Harbour Dive Centre advises our customers to report and damage and seek compensation directly to the airline. 
 
 
 
Delivery  
5.1. Items may sometimes be out of stock in our own warehouse, or that of the distributor or manufacturer. 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 of which you will be notified and asked to accept prior to dispatch. If we cannot agree the delivery charges, no contract will be deemed to have been entered into, and the order can be cancelled by either party without penalty or liability on either side. 
5.2. You will be advised of the estimated delivery period but please leave up to 30 days for delivery. Items held in stock will usually be dispatched on the day following receipt of your order but some out-of-stock products may take longer. Any delivery date will be an estimate only. We shall not be liable for delays caused by matters outside our control. If the delivery date cannot be achieved we shall keep you informed of the delay and provide a new estimate of the delivery date. Whilst every effort will be made to achieve the stated delivery date, any delay shall not give rise to a right to cancel the order or claim compensation or damages. 
5.3. Any claim based on any defect in quality or condition of the products must be notified to us within 7 days of delivery after which you will be deemed to have accepted the products.  
5. 4. The standard delivery cost per shipment to a mainland UK address is from £6.50. If you would like your goods shipped by another method you will need to contact us. There are some destinations that we are not able to ship to.  
5.5. Cylinders are delivered next day to UK mainland destinations by Parcel Force. A charge of £20.00 per cylinder will be added to your invoice. This is in addition to any other item which you may be ordering at the same time, as cylinders are transported in their own original box.  
5. 6. Risk of damage to or loss of the product shall pass to you at the point at which it is delivered.  
5.7. All orders have to be sent to the card holders address.  
5.8. 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 Old Harbour Dive Centre immediately.  
5.9. 24 Hour delivery does not apply to Highlands and Islands, all items will be delivered on a 48hr service, even if 24 hr is selected – this is due to our couriers restrictions. 
 
Export  
6.1.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 that there is no trade embargo in force and that it is legal to use the product in the destination country. 
6.2.We do not offer a refund (excluding faulty items) to countries outside the European Union.  
6.3. Incorrectly sized items such as suits and BCDs, ( this excludes cylinders) dispatched outside the United Kingdom and inside the European Union can be exchanged but customers are responsible for the cost of shipping the items back to us together with the return carriage costs, to return the goods back to the customer.  
6. 4. Consignments dispatched to addresses outside of the UK may only be sent to the registered billing address as held by your credit card company.  
6. 5. Due to it being a circumstance beyond our control, we do not accept any responsibility for shipment delays due to customs issues and/or for any excise duties levied on a consignment.  
 
Payment  
7.1. Payment is due on order. Payment will normally be debited from your card on the day the order is dispatched.  
7.2. Any order made from the UK or EU will incur 17.5% VAT or the prevailing rate at the date of order, unless exempt . 
7.3. It should be noted that your payment card will be debited in pounds sterling. You may use MasterCard, Visa, Switch credit or debit cards, or you may mail to us a money order or personal cheque drawn on UK funds. Goods will not be dispatched until cleared funds are received. 
7.4. All prices on the Old Harbour Dive Centre On-Line Store website are subject to change without prior notice to reflect any increase in the cost to us.  
7.5. Unless otherwise stated our prices do not include packing and delivery. VAT at the current rate is included in all prices except where stated. 
7.6. 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.  
7.7. We hold the right to ask for a bank transfer for any order placed with us.  
7.8. If items are required to be credited back to your account then a credit will be processed which may take a few days to come through. 
 
Warranties and Liability  
8.1. To the extent permitted by law, we have no liability for the content of any websites which we may link to from this site or which may link to this site.  
8.2. All products supplied conform to all relevant British and European standards as far as using due diligence we have been able to ascertain. 
8. 3. All products are supplied with a full UK supplier's guarantee, the details of which are available on request.  
8.4. Should there be a defect in any of the product supplied then we will replace the defective products free of charge or if you choose not to have a replacement you are entitled to a full refund of the price of the product (or a proportionate part of the price). Your statutory rights are unaffected.  
8.5. Old Harbour Dive Centre accepts no liability for any defect arising from fair wear and tear, wilful damage, negligence, abnormal use, failure to follow manufacturers instructions, misuse, alteration of modification of the goods in any way whatsoever. 
8.6. Old Harbour Dive Centre accepts no liability whatsoever if the customer has failed to comply with clause 2.8 herein. 
 
Your right to cancel  
9.1. You may cancel your order and return the products to us and receive a refund at any time up to seven days after you have received the products. To cancel or return all or part of an order you must notify us by completing our Returns Section Form requesting that the order be cancelled and comply with General condition 4.1 and subject to Order clauses 2.5,2.6, & 2.7 above. 
9.2. If you are a consumer, you should be aware of your rights under the Distance Contracts Regulations 2000 (or any amending provisions). These state, amongst other things, that you have the right to cancel the contract for any reason within seven days of delivery of the goods. If you wish to cancel, please notify us in writing t our address. You will then be refunded within thirty days and may return the goods to us, although this will be at your costs from the refund paid to you. During the period that you retain the goods until they are returned to us, you must take reasonable care of them to prevent damage. 
 
Privacy Policy 
10.1. At Old Harbour Dive Centre we respect your privacy and are committed to maintaining it. Full details of privacy policy are set out below. In the event of any changes to this policy, the changes will be implemented and amended below accordingly. 
10.2. No information about you will be passed on by Old Harbour Dive Centre to any other party unless required by law or unless you implicitly or explicitly request it, (e.g. size information for made to measure suits or lens prescriptions for masks which will be passed to manufacturers). 
10.3. We guarantee to comply with the standards, procedures and requirements laid down in the UK Data Protection Acts 1984 and 1998 as amended and the Distance Selling Directive to ensure that your personal information is kept secure and processed fairly and lawfully. 
10.4. You can browse our site without disclosing your personal information. We will only collect information given at the time of ordering or registering. Any information collected by Old Harbour Dive Centre will only be used to send further information by post, email or other medium of products, services, promotions and special offers. We will only contact you by telephone to discuss your order, if deemed necessary. You details will automatically be added to our mailing list. If you do not wish us to send to you any further offers or promotional materials then please email us.  
 
Customer Satisfaction  
11.1 We appreciate each and every customer at Old Harbour Dive Centre – and want you to come back again and again!, So if you are not happy with the service you have received please contact or telephone 01305 760888 . Or write to us at Old Harbour Dive Centre, 11 Nothe Parade, Weymouth, Dorset, DT4 8TX, United Kingdom. 
 
Shipping Rates & Returns Policy  
Shipping rates:  
12.1 All orders are offered subject to their availability of goods and services. If for any reason any particular product or item is not available we shall try to offer a suitable alternative. If we cannot we reserve the right to cancel the contract and offer a refund. 
12.2. Unless otherwise stated our prices do not include packing and delivery. VAT at the current rate is included in all prices except where stated. 
12.3. You will be advised of the estimated delivery period but please leave up to 30 days for delivery. Items held in stock will usually be dispatched on the day following receipt of your order but some out-of-stock products may take longer. Any delivery date will be an estimate only. We shall not be liable for delays caused by matters outside our control. If the delivery date cannot be achieved we shall keep you informed of the delay and provide a new estimate of the delivery date. Whilst every effort will be made to achieve the stated delivery date, any delay shall not give rise to a right to cancel the order or claim compensation or damages. 
12.4. Any claim based on any defect in quality or condition of the products must be notified to us within 7 days of delivery after which you will be deemed to have accepted the products.  
12.5. The standard delivery cost per shipment to a mainland UK address is from £6.50. If you would like your goods shipped by another method you will need to contact us. There are some destinations that we are not able to ship to.  
12.6. Cylinders are delivered next day to UK mainland destinations by Parcel Force. A charge of £20.00 per cylinder will be added to your invoice. This is in addition to any other item which you may be ordering at the same time, as cylinders are transported in their own original box.  
12.7. Risk of damage to or loss of the product shall pass to you at the point at which it is delivered.  
12.8. All orders have to be sent to the card holders address.  
12.9. 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 Old Harbour Dive Centre immediately.  
12.10 24 Hour delivery does not apply to Highlands and Islands, all items will be delivered on a 48hr service, even if 24 hr is selected – this is due to our couriers restrictions. 
12.11. Items may sometimes be out of stock in our own warehouse, or that of the distributor or manufacturer. 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 of which you will be notified and asked to accept prior to dispatch. If we cannot agree the delivery charges, no contract will be deemed to have been entered into, and the order can be cancelled by either party without penalty or liability on either side. 
 
Returns Policy:  
Returning Unwanted, Wrong size  
or Faulty or Damaged Goods  
13.1. Before returning any product for whatever reason Old Harbour Dive Centre must first be notified, a unique return product number issued by Old Harbour Dive Centre and the method of return agreed. When returning goods please enclose your contact details, including a day time telephone number, credit/debit card details and a note of explanation are to why the goods are being returned. A copy of the original packing note, together with the original packaging must be returned. Any claim based on any defect in quality or condition of the products must be notified to us within 7 days of delivery after which it will be assumed you have accepted the goods. There are no exceptions to the procedure.  
13.2.. Damaged/ faulty Goods: Please follow instructions in 4.1 above. immediately upon noticing any fault, and in any event no later than 7 days following receipt of goods. If the product is found to be faulty by ourselves we will exchange it for an identical item free of charge provided that the product is returned to us in accordance with 4.1 above. Please note that fault during use, such as flooding, may require goods to be returned to the manufacturer for warranty confirmation prior to any refund being given. If a replacement is required, an new order will be raised.  
13.3. Unwanted goods: Please contact Old Harbour Dive Centre On-Line Store before returning any items in accordance with clause 13.4 above. A refund (minus the cost of posting the item to you) can be issued for any unused returned good but subject to 
clauses 2.5,.2.6 and 2.7 under orders above. A restocking fee of 10% will be charged for all goods returned.  
13.5. Exchange goods: Please contact Old Harbour Dive Centre On-Line Store in accordance with clause 4.1 above before returning any items. If the item was ordered incorrectly i.e. wrong size or colour then a free exchange can be made. Postage will not be free on the returned item.  
13. 6 Please be aware that any bag or container damaged in transit on an airline is the responsibility of the airline and NOT the manufacturer. Old Harbour Dive Centre advises our customers to report and damage and seek compensation directly to the airline. 
Old Harbour Dive Centre 
11 Nothe Parade, Weymouth, Dorset, DT4 8TX, United Kingdom, Tel: 01305 760888 1.1.2010 © 
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