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Terms & Conditions

Terms & Conditions of Sale

1.

Definitions

1.1

In these terms and conditions, "we", "our" and "us" means PADI EMEA Limited ("PEMEA") company number 02575129, whose registered office is at The Pavilions, Bridgwater Road, Bristol BS13 8AE, United Kingdom

 

1.2

The "Website" means www.padi.com

     

2.

Formation of agreement

2.1

An agreement for us to sell you goods and services is made on the basis of these terms and conditions when we accept your order for goods or services through the Website. (This agreement between us is referred to in these terms and conditions as this "Agreement".)

2.2

The description of the goods, price, currency, VAT, insurance and delivery costs are set out in the order page.

     

3.

Orders

3.1

Orders shall be accepted at our sole discretion but are normally accepted if the goods are available or we are able to deliver the services, the order reflects current pricing, you are a current PADI Member in good standing, you are based in a country which we are currently able to sell and your credit or account card is authorised for the transaction.

3.2

If you obtain a quote from the Website, the price quoted is valid for that transaction only and may not be relied upon in any future transaction. It does not constitute an offer to supply the goods or services. If for any reason the price is increased then we shall send you an email and inform you of this prior to processing your order.

     

4.

Acceptance

4.1

When you place an order to purchase a product from us, you offer to purchase the goods or services. You will be sent an e-mail by PEMEA confirming receipt of your order and setting out the details of your order. Your order is accepted by PEMEA when we send an e-mail confirmation stating that we've despatched that product to you (the "Despatch Confirmation E-mail").

4.2

The Despatch Confirmation E-mail will be sent when your materials leave the warehouse. This email will also contain details of the despatch method.

     

5.

Payment

 

We accept credit card and debit card payments. We accept Visa, Eurocard/MasterCard, American Express or Diners. Payment for the goods and related costs will be due upon acceptance of your order. No payment will be taken from you until the order is accepted by us.

     

6.

Availability

 

The information we hold regarding the availability of the products sold by us is correct to the best of our knowledge at the time of the transaction and in the circumstances. This may occasionally mean that an item is unavailable at the time of ordering. As we process your order, we will inform you by e-mail if any products you order are out of stock.

     

7.

Ownership

 

You will only own the goods once they have been successfully delivered and when we have received cleared payment for them in full. Until that time we will retain title to the goods.

     

8.

Access to the Website and content

8.1

We are continually improving our goods and services, so specifications or design changes may be made at any time. We shall use reasonable commercial endeavours to keep the Website up to date but information and specifications given are for your information only and are subject to change without notice.

8.2

We try to ensure that pictures of the goods on the Website are as accurate as possible, but technical limitations and slight variations in colour and texture between the pictures and the goods themselves must be expected.

8.3

We will endeavour to allow uninterrupted access to the Website, but access may be suspended, restricted or terminated at any time.

     

9.

Customs duties & taxes

 

If the delivery address is outside the United Kingdom, the addressee will be the importer of the goods and thereby must comply with all laws and regulations of the country into which the products are delivered. The goods may be subject to import duties and taxes, which are levied once the order reaches the country of destination. Any such additional charges levied for customs clearance, duties and taxes must be borne by you, the importer. PEMEA are not liable for these costs and have no control over these charges.

     

10.

Delivery

10.1

Any delivery dates that we may give you are for general guidance only and we will not be held liable in any way for late delivery of goods.

10.2

We shall attempt to deliver the goods to the address you specify for delivery, or if none, to the credit card address you supply. Please be accurate when you give us your address details as we will not be liable if the address that you have given and that we will deliver to is incorrect.

     

11.

Returns

 

11.1

Order cancellation

You may cancel your order at any time up until you receive a Despatch Confirmation E-mail or 7 days after placing your order, whichever is the later (the "Cancellation Period"). A refund will be made to your credit/debit card within 7 days. Any goods received by you during the Cancellation Period must be returned to us at the following address:

                                Unit 8 & 9

                                Liberty industrial park

                                South Liberty Lane

Bristol BS3 2SU

United Kingdom

 You will be responsible for the direct cost of returning the goods.

 

11.2

Damaged or missing items

   

Claims for damaged or missing items must be made within 14 days of receiving your order. Replacements will then be made where appropriate.

 

11.3

Returns policy

   

If for any reason you are unhappy with your purchase, you can return it to us in its original condition within 90 days of the date you received the item, unopened (with any seals and shrink wrap intact) and we will ensure that you will receive a full refund for the price you paid for the item. You will be responsible for the direct cost of returning the goods. Please note: PEMEA can only accept the return of opened items if they are faulty.

Please contact us or click here to view or download our full returns policy.

     

12.

Scope of advertisements

 

We make no representation or warranty that any goods or services referred to in the Website are available or are otherwise suitable for use outside the United Kingdom.

     

13.

Privacy

 

13.1

PADI World-Wide is the owner of this Website.

13.2

We are committed to protecting your privacy. We will only use the information that is gained through your purchase, lawfully and in accordance with the Data Protection Act 1998. The type of information collected about you is used firstly to process your order and secondly, provide you with the best possible service. The type of information we collect about you includes your name, address, phone number, and e-mail address. In relation to your order, we will not pass on your details to any third parties and we will not email you in the future unless it is to respond to any comments or queries you may have. The personal information that we hold will be held securely in accordance with the Data Protection Act 1998. Our privacy policy can be located here privacy policy

     

14.

E-mail, user name and password

14.1

E-mails to you shall be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and tell us of any changes to it.

14.2

If you are issued with a user name and password before you can order goods or services from us, these will be personal to you and are not transferable. Any breach of security of a user name and password should be notified to us immediately. You will be responsible for any payments due for goods ordered through the Website by anyone using your user name and password.

14.3

Returning customers must ensure any account details we hold are kept up to date.

     

15.

Electronic Communications

 

When you transact with us or send e-mails to us, you are communicating with us electronically. We communicate with you directly by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights under the Data Protection Act.

     

16.

Alteration of service or amendments to the conditions

 

We reserve the right to make changes to our policies and these terms and conditions without notice at any time. You will be subject to the policies and terms and conditions in force at the time that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).

     

17.

Liability

17.1

If you have a valid claim in respect of any of the goods or services which is based on any defect in the quality or condition of the goods or their failure to meet specification in accordance with this agreement, we shall be entitled to replace the product (or the faulty part in question) free of charge or, at our sole discretion, refund to you the price of the goods or services (or a proportionate part of the price).

17.2

We will take all reasonable care to keep your order secure, but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit and account details) you provide when accessing or ordering from the Website

17.3

We shall not be liable to you in connection with this agreement in contract, tort (including negligence) or otherwise for any loss of profit, anticipated savings or data (in each case whether direct or indirect) or any indirect loss.

17.4

Our aggregate liability to you in connection with this agreement shall not exceed the value of the goods or services ordered by you.

17.5

Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence.

     

18.

Matters outside our control

 

We shall not be liable to you or in breach of this agreement for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control.

     

19.

Intellectual property

19.1

The copyright in the material contained in the Website, together with the Website design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software (including applets) belongs to PEMEA, its subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission.

19.2

PADI is a trademark of PADI Americas, Inc. It and related trademarks, and PADI’s copyrighted materials, are used herein under license from PADI Worldwide Corp. Other product and company names (if any) mentioned on this Website may be the trademarks or registered trademarks of their respective owners.

     

20.

Complaints

 

If you have a complaint, please e-mail us at sales.emea@padi.com

     

21.

General

21.1

If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.

21.2

If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.

     

22.

Statutory Rights

 

These terms and conditions do not affect your statutory rights (if appropriate) as a consumer.

     

23.

Governing law

23.1

These terms and conditions shall be governed by and construed in accordance with English law.

23.2

Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.