Terms of service

All Products supplied by My Dive Gear (KNS Trading (Aust) Pty Ltd.), 92 Pier Street, Altona, Victoria, 3018 Australia - ABN 77 138 290 498 - Tel 03 93171000 - Email sales@mydivegear.com.au ("MyDiveGear.com", “MyDiveGear.com.au”, "we" "us" or "our"),  are supplied on these terms and conditions.

Payment Terms

Payments must be made in full at the time of checkout form the online shopping cart without set off or deduction. My Dive Gear will investigate any disputed amounts. If resolved in favour of the customer a credit will be issued directly to that customer.

Pricing

All pricing displayed on My Dive Gear is in Australian dollars AUD and includes GST. My Dive Gear aim to ensure all prices are correct and accurate at the time of publication however of a pricing error does occur My Dive Gear reserve the right to alter prices for any reason. If this should happen after you have ordered a product you will be contacted prior to the order being processed.

My Dive Gear reserve the right to withdraw any product from sale without notice for any reason.

Order Acceptance

No order shall be binding on MyDiveGear.com.au until accepted by My Dive Gear. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by My Dive Gear of an order from the Customer. My Dive Gear reserves the right to accept any order in whole or in part. Where My Dive Gear makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by My Dive Gear.

Title to Products

Ownership of the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to My Dive Gear. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer.

Delivery

My Dive Gear reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices stated as inclusive of delivery, delivery is to the delivery point specifically accepted by My Dive Gear.

A handling fee may be incurred on all orders.

Orders will be shipped to the address provided by you when creating your account. The address provided has to be current and correct. My Dive Gear are not responsible for lost packages due to addresses not being up to date or being incorrect. If the package is returned to sender via the post office, there will be a charge to reship to your correct address. Address will be corrected on your account prior to reshipping. My Dive Gear are not responsible for items lost in the mail due to incorrect shipping addresses provided by the buyer.

Please note: when placing an order you agree to our "Shipping & Deliveries" terms & conditions.

Returns

Please see our Returns Policy.

Customer Specific Stock

Where My Dive Gear has agreed to produce and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the prevailing supply price. Where the Customer does not do so, My Dive Gear may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies My Dive Gear against all claims, demands, loss, costs and expenses incurred by or made against My Dive Gear, arising out of any actual or alleged infringement of patents, copyrights, or other material that My Dive Gear may use, print or reproduce at the Customers request.

Liability

Except for those required or implied by legislation, My Dive Gear gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of My Dive Gear. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of My Dive Gear under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option of My Dive Gear to:
a) the replacement of goods or the supply of equivalent goods;
b) the repair of goods
c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
d) the payment of the cost of having the goods repaired;

Except to the extent the law provides that liability is not able to be excluded, My Dive Gear shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered  or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by My Dive Gear or the failure of My Dive Gear to comply with these terms and conditions.

Conflicts

These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer's order. In the event of any inconsistency, My Dive Gear will be deemed, by delivering of the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. My Dive Gear reserves the right to change these Terms and Conditions at any time.

GST

All prices listed on the My Dive Gear website are inclusive of GST. Any consideration and all other amounts to be paid from a purchase through the My Dive Gear online shopping store will be liable for GST. Upon checkout My Dive Gear will issue a tax invoice showing the amount of GST applicable for the particular purchase.

Jurisdiction

These terms and conditions are governed by and will be construed in accordance with the laws of Victoria and the parties agree to submit to the jurisdiction of the courts of that state.

No Waiver

The failure of My Dive Gear to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right of power.

Export Agreements

Not all products listed on this website are available for export outside the Australian market due to distribution agreements in certain territories.

Copyright, Limitations of Use and Trademarks

All content on this Site, including Site layout, design, images, programs, text and other information (collectively, the "Content") is the property of My Dive Gear and its affiliated companies or licensors. This Site is protected by copyright and other intellectual property laws. You may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone. Except as otherwise expressly permitted under applicable law or as described in this Copyright statement or our Terms and Conditions or other relevant license or subscriber agreement.

You may print or download Content from the Site for your own personal, non-commercial use, provided that you keep intact all our copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from My Dive Gear.

All trademarks appearing on this Site are the property of their respective owners.

Disclaimer

My Dive Gear is not responsible for the Content or the privacy policies of external websites to which we may link.

Whilst all details on this site have been carefully prepared and are believed to be correct, no warranty can be given either expressly or implied by the vendors or their agents. Photographs are for presentation purposes and are indicative only. They should not be relied upon as an accurate representation of the final product. Specifications and prices may change at any time.