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Terms and Conditions

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TERMS AND CONDITIONS

This Website is owned and operated by Southern Cross Divers Pty Ltd.

These terms and conditions will apply when you access our Website and use our on-line or phone ordering service. Before placing an order, we ask that you read these terms and conditions carefully. By using our website, you accept these terms and conditions in full.

PLEASE READ THESE TERMS AND CONDITIONS OF PURCHASE CAREFULLY BEFORE PLACING YOUR ORDER. RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

A. GENERAL INFORMATION

For your convenience, here’s some general information about ourselves:

“We” are Southern Cross Divers Pty  Ltd.

Correspondence address:

3/235 Spit Rd

Mosman, Sydney

NSW 2088

Tel: +61 (02)99695072

Email: barry@southerncrossdivers.com.au

B. FORMATION OF CONTRACT

Set out below is a useful summary of the steps which you must follow in order to conclude a legally binding contract with us:

Step 1: Provided that you agree unconditionally to these terms and conditions, you will be given the opportunity to place an order. Our standard order form contains information on price together with a description of the products and services which are available.

Step 2: On completing the order form you can submit an order to us by clicking on the “purchase” button which appears at the end of the form or you may call us direct. You will have an opportunity to check and correct any input errors in your order up until you submit your order.

Please note the following:

  1. All orders made by you through this Website are subject to acceptance by us. We will debit your credit card at the time of order. We may choose not to accept your order for any reason. There will be no contract of any kind between you and us until we actually despatch the products to you. At any point up until then, we may decline to supply the products to you without giving any reason.

  2. If the products you have ordered are not available from stock we will contact you by email or phone within 7 days and you will have the option to either wait until the products are available from stock (subject to availability) or cancel your order. These terms and conditions shall override any contrary terms or conditions published by us or appearing on this website in relation to any order placed by you with us.

  3. The images of the products on this Website are approximate representations only and the products you order may differ slightly in appearance, colour, etc. We are very careful to ensure that the price and description of products offered on this Website is accurate. However, sometimes, errors can occur. If we find an error (in the price or description of products) you have ordered, we will tell you and ask you if you wish to proceed with your order or cancel.

Ordering Products from this Website

1 GENERAL

1.1 If you are not a private consumer (ie. you are ordering products as or on behalf of a business), you confirm that you have the authority to bind any business on whose behalf you use this Website.

2 PRICES AND PAYMENT

2.1 We accept payment by Visa, Visa Debit,and MasterCard. Payment will be deducted when we ship your order for the products. All payment card holders are subject to validation checks and authorisation by the card issuer. We are not responsible for your card issuer or bank charging you as a result of our processing your payment.

2.2 All prices displayed on this Website are in Aus dollars (AUS$). The prices include GST (where applicable) but exclude delivery charges.

2.3 The total cost of your order will be the price for the products and the applicable delivery charge. The total cost will be displayed to you in your shopping basket before you submit your order.

2.4 Prices and products displayed are subject to availability and may change before (but not after) we accept your order. We will advise you of any change in the price or product and offer you the chance to cancel your order should such a change occur before we accept your offer.

3 DELIVERY

3.1 The products you order will be delivered to the address you provide when we take your order details. It is your responsibility to ensure someone is available at this address to take delivery of the products you have ordered. Delivery of products which are not small enough to post through your letterbox must be signed for. It is your responsibility to ensure you retain the receipt enclosed with the products.

3.2 Risk of loss and damage to the products passes to you on the date when the products are delivered to you or on the date of first attempted delivery by us. Title (ownership) of the products will pass to you on receipt by us of the price for the products.

4 WARRANTY

4.1 Products ordered by you are supplied with the benefit of the relevant manufacturer’s warranty. It is your responsibility to maintain and manage the warranty for the products.

4.2 We will use our reasonable endeavours to verify the accuracy of any material or information on or available via this website but we make no representation or warranty of any kind (express, implied or otherwise) as to the accuracy or completeness of any such material or information and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on this website.

5 OUR LIABILITY TO YOU

5.1 Nothing in these terms and conditions shall exclude or limit our liability:

(a) for death or personal injury resulting from our negligence;

(b) for fraudulent misrepresentation; or

(c) to the extent that liability cannot be excluded or limited by law.

5.2 Subject always to Clause 5.1 above:

(a) while we will use all reasonable endeavours to prevent viruses or bugs infecting this Website, we will not be liable to you for any loss suffered as a result of any virus or bug you incur as a result of accessing or using this Website. It is your responsibility to use virus checking software and we will not be liable to you for any loss of content or material or howsoever as a result of uploading to our downloading from this Website; and

(b) our total liability to you in contract, tort (including negligence), misrepresentation or otherwise arising out of or in connection with this contract shall be limited to the price you have paid for the product you have ordered; and

(c) we will not be liable to you, in contract, tort (including without limitation, negligence) or otherwise howsoever in connection with this Website or products or services offered via this Website by us or on our behalf for:

(i) loss of revenue, profit, contract, business or anticipated savings or loss of data; or

(ii) any loss of goodwill or reputation; or

(iii) any special or indirect or consequential losses.

6 CANCELLATION AND RETURNS

6.1 You can cancel your purchase at any time either before or up to 7 working days (Tuesday to Friday inclusive) after the day of receipt of your product without penalty and without the need to give us any reason. However, the following points must be observed:

(i) The products must be returned in an unused condition in its original, undamaged packaging with all seals intact together with product receipt;

(ii) Products are to be returned to us at your expense

6.2 Your right to cancel will not apply if the products are made or tailored to your specification or personalised at your request.

6.3 On receipt of your notification of cancellation and the return of the products, the price of the products will be credited to your payment card within 30 days beginning with the day on which the products are received by us. If you fail to return the products to us within 30 days of your notice of cancellation, you will be deemed to have accepted the products. We are not responsible for non-delivery of returned goods and it is recommended that you obtain proof of posting and/or delivery insurance as appropriate.

Your statutory rights are not affected by this cancellation and returns policy.

7 SEVERANCE

7.1 If any part of these terms and conditions are held to be unenforceable by a court of competent jurisdiction, that part will be severed from these terms and conditions and the remainder shall continue in full force and effect.

By trading with us, you are bound by these terms unless agreed otherwise in writing. This contract is bound by The Laws of The State of NSW, Australia, The Competition and Consumer Act (2010).

Dispute Resolution: Disputes within Australia: All disputes arising out of or in connection with a contract to or from Southern Cross Divers Pty Ltd. shall be finally settled in and under the Laws of the State of NSW Australia. If not settled directly, mediation may be sought prior to litigation in a court of law.

8 FORCE MAJEURE

8.1 Neither party (Southern Cross Divers Pty Ltd. or you the customer) shall be responsible for any event which is outside our reasonable control nor for any consequential loss arising from such an event.

9 ENTIRE AGREEMENT

9.1 This agreement supersedes any prior agreements or arrangements which may have existed between you and Southern Cross Divers Pty Ltd. provided the information you have given to us is not incorrect or fraudulent.

10 WAIVER

10.1 No delay, indulgence or omission in exercising any right, power or remedy provided by these terms and conditions or by law shall operate to impair or be construed as a waiver of such right, power or remedy or of any other right, power or remedy.

11 SECURITY

11.1 We take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose to us via this Website. You accept the inherent security risks of providing information and dealing on-line over the internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.

12 ENQUIRIES

12.1 For all enquiries, comments, feedback or further information please contact Barry@southerncrossdivers.com.au

rior to litigation in a court of law. 

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