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TERMS AND CONDITIONS
1. INTERPRETATION
1.1 In these conditions
| "vendor" | means the business "Divecellar.com" as specified throughout website. |
| "buyer" | means the person, company or firm by whom the goods are ordered or purchased whose address is shown on order and delivery note. |
| "goods" | means the goods described in the website, invoice and on the delivery note. |
| "conditions" | means the standard terms and conditions of delivery set out in this page and includes any special terms and conditions agreed in writing between the vendor and buyer. |
| "Invoice/Delivery note" | means the invoice containing payment terms and delivery details. |
| "Dealer/Distributor" | appointed by the vendor as non-exclusive distributor for forwarding of goods subject to terms and conditions of Dealer/Distributor agreement. |
| "hirer" | means the person, company or firm by whom the hire goods are temporarily available for use of. |
| "the website" | means www.divecellar.com website and all associated pages and systems |
1.2. Any reference in these Conditions to any provision of a statute shall include any subsequent amended provision, re-enactment or extended provision relevant at any time.
1.3. The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. BASIS OF SALE
2.1 Unless expressly agreed in writing every sale by The Vendor to The Buyer shall be subject to these Conditions. If these Conditions conflict with any terms and conditions expressly agreed previously in writing then the expressly agreed terms and conditions in writing by an The Vendor authorised representative.
2.2 Orders placed with the vendor shall not be biding on The Vendor or deemed accepted by The vendor unless and until confirmed in writing by an The Vendor authorised representative.
2.3 If the buyer desires to return purchased good(s) due to reasons other than shortfall, incorrect specification, damage,non payment or not as advertised size, type or other specification, this will attract a re-stocking fee of 20% of purchase price together with all postage costs for the whole of the transaction. The Vendor reserves the rights in such a case to deduct these above costs from the initial payment made by the buyer should this payment be valid . The buyer must notify the Vendor within 7 days of delivery of the good(s) and any return in this manner MUST be as in delivered condition, unused, seals or wrappings intact and un-removed and in the original packaging.
2.4 Today Only and special offer good(s) are sold at the discretion of the vender and at any time can be removed from sale or be limited in number per person(s) purchase or total number limited for sale. When all good(s) in special sales are sold the vendor will not permit any further of these items to be sold at the special price arrangement. All the vender's sales are limited in either duration and quantity. All "Today Only" and special sale promotions are ONLY AVAILABLE ON-LINE. Those purchasers who desire to collect good(s) under these sales conditions from our outlet will be charges P&P and VAT as purchased via our website.
3. DELIVERY.
3.1 Delivery of the goods shall be made by The Vendor authorised representative to the address shown on Invoice/Delivery Note.
3.2 Any dates quoted for delivery of the Goods are approximate only and The Vendor shall not be liable for any delay in delivery of the Goods. times for delivery shall not be of the essence unless previously agreed by The Vendor in writing. The Goods may be delivered by The Vendor in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
3.3 It is express responsibility of The Buyer to inspect all Goods immediately upon their delivery. The Buyer shall notify The Vendor within 7 days of Delivery in respect of any damage to the Goods, shortfall or incorrect specification being delivered. If the Buyer does not notify The Vendor within 7 days following delivery the goods shall be deemed to be in accordance with the order placed by the Buyer and completely satisfactory.
4. FORCE MAJEURE
4.1 The Vendor shall have no obligation to deliver if delivery is delayed, hindered or prevented by any circumstances beyond The Vendor's control including but not limited to strikes, lockouts or other industrial action, civil disturbance, war, act of God, fire, explosion, storm, flood, tempest, seizure, arrest or requisition of Goods, government regulations, restrictions, shortages or sub-contractor failure.
4.2 If performance of the order shall be wholly or partly suspended for any continuous period of 21 days either party may cancel the order immediately by notice in writing to the other without prejudice to any rights which may have accrued prior to such cancellation.
5.PRICE
5.1 The price of the goods shall be the quoted price or where no price has been quoted or the time to accept the quote has expired, the price list in The Vendor's published price list on the website at the date of acceptance of the order appropriate for the order.
5.2 Unless otherwise agreed in writing all prices are net of UK Value Added Tax.
5.3 All payments to be made in sterling.
5.4 The Vendor reserves the right to increase the price of the Goods to reflect any increase in the cost to The Vendor which is due to any factor beyond the contract of The Vendor, any change in delivery dates, quantities, or specifications for the Goods which is requested by The Buyer or failure of the Buyer to give The Vendor adequate information or instructions.
6 PAYMENT.
6.1 Payment shall be in accordance with the payment terms contained on the invoice supplied to The Buyer. Unless expressly agreed in writing, interest shall be charged by The Vendor at 2% over base rate from time to time of HSBC Bank PLC on all sums overdue for payment.
6.2 The Buyer shall pay the price of the goods without any deduction whether by set off counter claim or otherwise.
7. DAMAGE OR DEFECTS.
Where The Buyer has notified The Vendor within 7 days of receipt of Goods that Goods are damaged or defective goods will be replaced or repaired in accordance with the Buyers statutory rights under English law applicable at time of purchase.
8. LIABILITY.
8.1 The Vendor shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal use , failure to follow manufacturer's instructions, misuse or alteration or repair of the goods without The Vendor approval.
8.2 Except in respect of death or personal injury caused by the negligence for The Vendor, the Vendor shall not be liable to The Buyer in contract, tort or otherwise for any indirect consequential damage howsoever such loss is suffered.
8.3 Except as detailed in Clause 8.2 the aggregate liability of The Vendor whether in contract, tort or otherwise shall not exceed the value of the respective order.
9.0 RETENTION OF THE TITLE.
9.1 The risk in the Goods supplied to the Buyer shall pass to The Buyer on delivery.
9.2 Except with all hired Goods, title in the Goods shall not pass to The Buyer until The Vendor has received cleared funds payment in full of the price at the price of the Goods delivered. Title in the Hired Goods will always remain vested with The Vendor.
10. CANCELLATION.
10.1. In the event that:
| 10.1.1 | the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction): or |
| 10.1.2 | and encumbrance takes possession, or a receiver is appointed, or any of the property or assess of the Buyer, or |
| 10.1.3 | the Buyer ceases, or threatens to cease to carry on business: or |
| 10.1.4 | The Vendor reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly: or |
| 10.1.5 | non-payment to the Buyer at any monies due to The Vendor. Then without prejudice to any to any other right or remedy available to The Vendor, The Vendor shall be entitled to suspend all or any future deliveries under this or any other order without any liability to the Buyer and if the Goods have been delivered but not paid for , the price shall become immediately due and payable notwithstanding any previous agreement to the contrary. |
11. NOTICES.
Any notice required to be given or served shall be in writing and shall be served either by leaving the same or sending the same by first class post at the same address of the Buyer on the hire contract or invoice/delivery note and in the case of The Vendor at its registered office address displayed on the website. The notice shall be deemed served on the day it was left or on the day following that on which it was posted.
12. GENERAL.
12.1 No waiver by The Vendor at any breach by the Buyer shall be considered as a waiver or any subsequent breach of the same or any other provision.
12.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforcable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
12.3 Words importing the singular shall include the plural and vise versa and words importing the masculine shall include the feminine and neuter and vise versa.
12.4 These Conditions shall be governed by the laws of England and Wales and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.