1. USING OUR WEBSITE
- By visiting Our Site (or The Honest Diver HQ), You engage in Our “Service” and agree to be bound by the following Terms and Conditions, including those additional Policies referenced herein and/or available by hyperlink.
- These Terms and Conditions apply to all Users of the Site or HQ, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
- Please read these Terms and Conditions carefully before accessing or using Our Website. If You do not agree to all the Terms and Conditions of this agreement, then You may not access the Website or use any services.
- You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to Our Website. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
2. OUR INFORMATION
- This Website is operated by The Honest Diver Limited (The Honest Diver and The Honest Diver Supply Co). Throughout the Site, the terms “We”, “Us”, “Our” and “the team” refer to The Honest Diver.
- The following Terms and Conditions set out the basis on which all goods are sold by The Honest Diver Limited (“We”, “Us”, “Our”), to the purchaser, (“You”, “Your”), from Our Websites (“the Site”).
- The Honest Diver is based at The Fifth Point Diving Centre, Coniston Road, Blyth Riverside Business Park, Blyth, Northumberland, NE24 4RF, Tel. 01670 209 902, firstname.lastname@example.org
- Registered in England & Wales 12392327
3. THE AGREEMENT BETWEEN YOU AND US
- All purchases of goods and/or services from the Site or in-store will be governed by these Terms and Conditions to the exclusion of any other terms.
- By browsing the Site or submitting an order online or in-store, You agree to be bound by these Terms and Conditions.
4. YOUR ACCOUNT
- You accept that You are responsible for ensuring the accuracy of any information supplied by You. Failure to supply accurate, up to date personal information that results in a delay or non-delivery of Your order shall be entirely Your responsibility for which We accept no liability.
- It is Your responsibility to take reasonable steps to protect Your account from unauthorised access and ensure that Your password is kept secure and confidential. Should You have reason to believe that Your password security or account has been compromised it is Your responsibility to inform Us immediately and take action to prevent further breaches via Your systems.
- We reserve the right to edit or remove content from reviews, restrict or refuse access to, or terminate accounts and cancel pending orders at Our absolute discretion. Cancelled orders will not be charged.
- When placing an order with Us, You are making an offer to purchase.
- For online orders, We will send You an Order Confirmation email to acknowledge Your offer. Your offer is considered accepted by Us only when We despatch the goods and send You a Despatch Confirmation email. Any goods on the same order not despatched and confirmed in a Despatch Confirmation email do not form part of that contract.
- For in-store orders, We will email you a receipt of purchase.
- We reserve the right to reject any offer at Our discretion at any time prior to acceptance. Rejected orders will be refunded in full or not charged.
- Occasionally there may be information on Our Site or in-store that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors and omissions in any price or other information without any liability.
- All descriptions of products, services or pricing are subject to change at any time without notice, at the sole discretion of Us.
- We reserve the right to discontinue any product or service at any time.
- Any advice or recommendation given by Us is followed or acted upon entirely at Your own risk.
- The quantity, quality and description of any specifications for the goods or services shall be those set out in the Site or in-store. You should be aware that although all reasonable steps are taken to ensure the accuracy of descriptions and images on the Site, We cannot guarantee accuracy.
- All sizes, dimensions and/or Weights stated in this Site are approximate and do not take into account any packaging materials.
- Due to the nature of differing hardware, monitors and graphic cards, any colours displayed on screen may not be the exact match of those of the product.
- Goods and services may only be sold to persons aged 18 or over.
- In placing an order online, You represent and warrant that You are at least 18 years old. We reserve the right to refuse any order where satisfactory proof of age has not been provided.
- In placing an order in-store, parental consent must be provided if You are under the age of 18 years old.
- It is Your responsibility to ensure that You hold any relevant qualifications from a recognised training organisation before purchase.
- For orders placed using a debit/credit card, Amazon Pay, PayPal, Apple Pay or Google Pay We charge once the order is placed. Orders cancelled prior to despatch will be refunded in full.
- Failure to collect the funds successfully may result in delayed acceptance of Your order or cancellation.
- Payments will show on Your statement as “The Honest Diver Limited”
- Your payment method will be debited in GBP. All sums displayed on the Site in other currencies are indicative and are provided for information purposes only.
- We aim to protect legitimate payment card and PayPal account holders from fraud and therefore will report to the relevant authorities any person using, or attempting to Use, a payment method without apparent authority.
- Due to limited availability of some of the goods and services We sell, a particular item may be out of stock. We accept no liability for delays caused by goods being out of stock. If You have requested multiple shipments, We will debit the second and any subsequent shipment’s carriage charges from Your card.
- Times to despatch shown on the Website are an estimate only. We shall not be liable for delays caused by matters outside of Our control.
- Delivery will be advised at the time of submitting Your order, but please allow up to 30 days for delivery. In-stock items will generally be dispatched the same day, out of stock goods may take longer.
- Any claim based on any defect in quantity, quality or condition of the goods must be notified to Us within ten days of delivery, after which You will be deemed to have accepted the goods.
- The cost of delivery shipment will be displayed at the shopping basket and checkout prior to submitting Your order. The cost is dependent on destination country and service level selected. Not all services are available in all locations. We reserve the right not to ship to all countries/destinations.
- Risk of damage to, or loss of, the goods shall pass to You at the point at which they are delivered to You.
- For UK couriered consignments, We reserve the right to charge a £15.00 Redirection fee to any address other than the delivery address specified in Your order. If no UK delivery address is specified in Your order consignments will automatically be sent to the billing address.
- We will provide You with an expected delivery date when We despatch Your order. It is Your responsibility to ensure that someone is available at the address to sign for the delivery should it be required. We accept no liability for delays in You receiving the order, due to no signature being available at the address provided. Expected date of delivery is estimated and may be subject to change due to adverse conditions.
- In the unlikely event of non-delivery of Your order, You agree to undertake reasonable steps, as requested by Us in order to resolve the situation for You as quickly as possible. Steps may include, but are not limited to;
- confirming with Your local delivery centre that no consignments are being held for You;
- ensuring that someone is available to take delivery at the address provided, and
- providing Us or Our delivery partners declaration of non-delivery upon request.
- Although every effort will be made by Us to ensure that non-delivery, issues are resolved as quickly as possible, Royal Mail does not consider delayed items as “lost” or “missing” for 15 days within the UK, or 30 days overseas. This may result in exceptional circumstances to a delay in replacing or refunding Your order.
- Failure by You to complete and return declarations of non-delivery as requested by Us or Our partners that results in the rejection of Our compensation claim, will result in You being debited for the current retail value of the missing items.
- It is Your responsibility to inform Us as soon as practicable (but no more than seven days), of subsequent delivery of goods previously refunded or replaced due to non-delivery.
- Failure by You to return or make available for collection, goods previously refunded or replaced but subsequently delivered, will result in Your being debited for the current retail value of the items.
9. AVAILABILITY AND PRICING
- All prices listed in-store or on the Site are subject to change without prior notice.
- Although every effort is made by Us to ensure that the prices displayed in Our catalogues or on the Site are correct, mispricing can occur. Under these circumstances, We reserve the right, at Our discretion, either to contact You for instructions or cancel Your order and notify You accordingly.
- Where goods are “in stock” at Our fulfilment facility, this is indicated on the particular product page on the Site. We make every effort to ensure the accuracy of this information. However, stock level errors can occur. We accept no liability whatsoever for delays as a result of stock level inaccuracies.
- Where items are not in stock and a timescale for availability is provided, this timescale is an estimate, not a guarantee and should not be relied upon. We will notify You if items are subsequently delayed or unavailable from the supplier. We accept no liability for delays from Our suppliers.
YOUR RIGHT TO CANCEL
- You may withdraw Your offer to buy at any time prior to Us despatching Your goods, by contacting Us directly, or via Your account where You have set one up.
- At the time the goods are despatched You are deemed to have entered into a contract and the cancellation period begins.
- Under the Consumer Contracts Regulations 2013, EU customers have the right to cancel their contract within 14 calendar days without giving any reason.
COOLING OFF PERIOD
- The cancellation period will expire after 14 calendar days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the goods.
- In cases where the items in Your order are delivered separately, the cancellation period will expire after 14 calendar days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the last good.
- To exercise the right to cancel under the Consumer Contracts Regulations, You must inform Us (The Honest Diver Limited, The Fifth Point Diving Centre, Coniston Road, Blyth Riverside business Park, Blyth Northumberland, NE24 4RF, England, email@example.com) of Your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
- You may Use the returns paperwork provided with Your order, but it is not obligatory.
- To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel, before the cancellation period has expired.
EFFECTS OF CANCELLATION
- If You cancel this contract within the 14 days set out in the Consumer Contracts Regulations, We will reimburse to You all payments received from You, including the costs of delivery (except for the supplementary costs arising, if You chose a type of delivery other than the least expensive type of standard delivery offered by Us).
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by You (see ‘Consumers liability for diminished value of the goods’ section below).
- We will make the reimbursement without undue delay, and not later than:
- 14 days after the day We receive back from You all goods supplied, or
- (if earlier) 14 days after the day You provide evidence that You have returned all the goods, or
- if there Were no goods supplied, 14 days after the day on which We are informed about Your decision to cancel this contract.
- We will make the reimbursement Using the same means of payment as You Used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement.
CONSUMERS LIABILITY FOR DIMINSHED VALUE OF THE GOODS
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary, to establish the nature, characteristics and functioning of the goods.
- You are permitted to inspect the goods in a way that would be possible in store. You may not Use the goods in any other way, as such, all returned goods must be “as new” and complete with all manufacturer’s packaging and tags attached.
- You will have to bear the direct cost of returning the goods.
RETENTION OF REIMBURSEMENT
- We may withhold reimbursement until We have received the goods back, or You have supplied evidence of having sent back the goods (i.e. signed proof of delivery), whichever is the earliest.
RETURN OF GOODS
- You shall send back all the goods, or hand them over to Us without undue delay and in any event, not later than 14 calendar days from the day on which You communicate Your cancellation from this contract to Us. The deadline is met if You send back the goods before the period of 14 calendar days has expired.
COMPENSATION IN THE CASE OF A SERVICE CONTRACT
- If You requested to begin the performance of services during the cancellation period, You shall pay Us an amount which is in proportion to what has been performed, until You have communicated to Us Your cancellation of the contract, in comparison with the full coverage of the contract.
MAKING A RETURN
- You may return Your order, or part thereof, for a refund for any reason for up to 28 days from the day of dispatch, provided that the returned items have not been Used and are returned to Us “as new” with their original packaging and any tags attached, excluding gift cards and E-gift cards.
- This facility is offered in addition to the right of EU customers to cancel their order within 14 days, as laid down in the Consumer Contracts Regulations 2013 (see Cancellation section) and may be withdrawn at any time at Our discretion without notice.
RETURN OF GOODS
- You must complete the Returns section of the original delivery note supplied and send it back with the goods or hand them over to Us at ‘Returns, The Honest Diver Limited, The Fifth Point Diving Centre, Coniston Road, Blyth Riverside business Park, Blyth, Northumberland, NE24 4RF, England’, not later the deadline printed on Your delivery note.
- We may from time to time, by way of a promotion and entirely at Our own discretion, offer a free return facility in conjunction with some orders or goods. Where this facility has not been supplied, You will have to bear the direct cost of returning the goods.
- Under this offer You have the option to request an exchange for an alternative variant option i.e. an alternative size or colour of the same item. Exchanges must be requested Using the Returns paperwork supplied with the delivery and must be of equal value to the goods being returned.
- Exchange requests for different items will be refunded and a new order placed. By requesting a different item You are authorising Us to Use Your original payment information to process the new order.
- We will reimburse You the original purchase amount paid for the goods where You have requested a refund.
- We will make the reimbursement Using the same means of payment as You Used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement.
- Refunds will be minus any promotional discounts applied that no longer qualify, i.e. if the original order qualified for £5 off for a minimum spend of £50 and the return of an item(s) brings the order value below the £50 threshold, the £5 discount will be deducted from the refund due.
12. FAULTY GOODS
- Should You believe that any product You have purchased from Us is faulty, it is Your responsibility to contact Us as soon as reasonably practicable and give Us as much detail as You can. We will then assess the situation and determine the best course of action required, in order to resolve the situation for You as quickly as possible.
- You agree to undertake reasonable steps as requested by Us, in order to resolve the situation. Steps may include, but are not limited to
- providing Us with images of said fault by email or post;
- Returning the item to Us or Our appointed expert, via Our appointed service, for assessment, and ensuring the availability of the item for collection by Our agents.
- If any product that is purchased is faulty, We will exchange it for an identical replacement (where stock availability allows) free of charge, provided that the product is returned to Us with its original packaging and the fault is notified to Us. The provision of a replacement item is conditional on Our appointed expert first verifying the reported fault.
- Where identical replacement stock is unavailable, We will reimburse You for the cost of the goods and in circumstances where the faulty good constitutes the entire order, We will also reimburse the outbound delivery costs.
- Property in the goods shall pass to You upon clearance of Your payment.
- We own, or are licensed to Use, all intellectual property rights (including copyright works and trade marks), embodied in all text, pictures and coding Used in the Site and in Our promotional materials.
14. WARRANTIES AND LIABILITY
- All goods supplied by Us conform to all relevant British and European standards.
- All claims under manufacturer’s warranty should be addressed to the relevant manufacturer directly.
- We undertake to ensure that all goods supplied by Us are ‘as described’, of ‘satisfactory quality’ and ‘fit for purpose’. In the unlikely event that an item fails to meet these standards, You have the right to ‘reject’ it for a full refund, provided this is done within a reasonable time frame. Outside a reasonable time frame, We have the right to repair or replace the item at Our absolute discretion.
- To the extent permitted by law, We exclude all liability for the content of any Websites which link into this Site.
- We will Use all reasonable endeavours to ensure that the Site remains available at all times. However, We cannot guarantee that the Site will operate continuously or will be error free. We therefore cannot accept any liability for any failure or non-availability of the Site.
- We do not accept, and hereby exclude to the fullest extent permissible under law, any liability for any loss of data, profit, revenue or business, or for any indirect or consequential loss or damage, 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.
- We may provide You with access to third-party tools over which We neither monitor nor have any control nor input.
- You acknowledge and agree that We provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your Use of optional third-party tools.
- Any Use by You of optional tools offered through the Site is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- Certain content, products, and services available via Our Service may include materials from third-parties.
- Third-party links on this Site may direct You to third-party Websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or Use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
15. YOUR PERSONAL INFORMATION
- We comply with GDPR. For more information, refer to Our Data Protection Policy.
- We confirm that We will not pass on any information relating to You or Your order(s) to any other company without Your prior consent.
- The information We have about You will be stored on computer and in the cloud.
- If You have opted into any mailing lists or marketing campaigns, You may change these preferences in Your login profile at any time.
- If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise Use in any medium any comments that You forward to Us. We are and shall be under no obligation
- to maintain any comments in confidence;
- to pay compensation for any comments; or
- to respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
- You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not Use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.
- You are not entitled to assign or transfer any of Your rights or obligations under these Terms and Conditions.
- If any provision, or any part of any provision, in these Terms and Conditions is held by any court of competent jurisdiction to be illegal, invalid, void or unenforceable for any reason than that provision, or part provision, shall be treated as having been deleted. The remainder of these Terms and Conditions shall continue to apply.
- Neither You nor Us shall be liable for any failure to perform any obligation under these Terms and Conditions which is due to circumstances beyond Your or Our reasonable control.
- The failure by You or Us to exercise or enforce any right or obligation under these Terms and Conditions, shall not be deemed to be a waiver of that right or obligation, nor shall it operate to bar the exercise or enforcement of it at any time or times thereafter.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions.
- These Terms and Conditions shall be governed by the laws of England and You agree to submit to the non-exclusive jurisdiction of the English courts.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, Use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by Us.
- You may not Use Our products for any illegal or unauthorised purpose nor may You, in the Use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
17. Surface Interval Snack Pack Free Prize Draw (March 2021)
- The prize draw (the “Prize Draw”) is open to people aged 18 and over who provide their email address.
- Employees or agencies of The Honest Diver Limited or their family members, or anyone else connected with the Prize Draw may not enter the Prize Draw.
- Entrants into the Prize Draw shall be deemed to have accepted these Terms and Conditions and are eligible to claim any prize you may win.
- To enter the Prize Draw you must complete the website form and submit your name and email address. No purchase is necessary. If you have any questions about how to enter or in connection with the Prize Draw, please email us at firstname.lastname@example.org with the name of the Prize Draw in the subject line.
- The Prize Draw is free to enter.
- Only one entry per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
- The Honest Diver Limited accepts no responsibility is taken for entries that are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason. Proof of delivery of the entry will not be considered as proof of receipt.
- The closing date of the Prize Draw is the 23rd March 2021. Entries received outside this time period will not be considered.
- 50 winners will be chosen from a random draw of entries received in accordance with these Terms and Conditions. The draw will take place on 23rd March 2021.
- The winners will each receive a surface interval snack pack.
- The winners will be notified by email within a week after the prize draw is held. If a winner does not respond to The Honest Diver Limited within 14 days of being notified by The Honest Diver Limited, then the winner’s prize will be forfeited and The Honest Diver Limited shall be entitled to select another winner in accordance with the process described above (and that winner will have to respond to notification of their win within 14 days or else they will also forfeit their prize). If a winner rejects their prize or the entry is invalid or in breach of these Terms and Conditions, the winner’s prize will be forfeited and The Honest Diver Limited shall be entitled to select another winner.
- The prize will be sent to the winner by The Honest Diver Limited by post.
- The prize is non-exchangeable, non-transferable, and is not redeemable for cash or other prizes.
- The Honest Diver Limited retains the right to substitute the prize with another prize of similar value in the event the original prize offered is not available.
- The Honest Diver Limited accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering the Prize Draw or accepting the prize. The Honest Diver Limited further disclaims liability for any injury or damage to your or any other person’s computer relating to or resulting from participation in or downloading any materials in connection with the Prize Draw.
- The Honest Diver Limited reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Prize Draw with or without prior notice due to reasons outside its control.
- The decision of The Honest Diver Limited in all matters under its control is final and binding and no correspondence will be entered into.
- The Prize Draw will be governed by English law and entrants to the Prize Draw submit to the exclusive jurisdiction of the English courts.
- The Prize draw is run by The Honest Diver Limited, The Fifth Point Diving Centre, Coniston Road, Blyth Riverside Business Park, Blyth, Northumberland, NE24 4RF.