T&Cs

Divetek Terms, Conditions and Returns Policy

1 INTRODUCTION

1.1 This website can be accessed at www.divetek.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Divetek Pty (“Divetek”, “we”, “us” and “our”).

1.2 These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4 The Website enables you to shop online for an extensive range of goods scuba diving related gear (“Goods”).

2 IMPORTANT NOTICE

2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which-

may limit the risk or liability of Divetek or a third party; and/or

2.3 may create risk or liability for the user; and/or

2.4 may compel the user to indemnify Divetek or a third party; and/or

2.5 serves as an acknowledgement, by the user, of a fact.

2.6 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Divetek to explain it to you before you accept the Terms and Conditions or continue using the Website.

5Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Divetek in terms of the CPA.

Divetek permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

These Terms and Conditions are divided into three sections, as follows:

Part A – Orders and Sales;

Part B – Privacy Policy; and

Part C – General Legal Terms.

3 RETURNS

Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

4 REGISTRATION AND USE OF THE WEBSITE

4.1 Only registered users may order Goods on the Website.

4.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to Divetek. You will need to use your unique username and password to access the Website in order to purchase Goods.

4.3 You agree and warrant that your username and password shall:

  • be used for personal use only; and
  • not be disclosed by you to any third party.
  • For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

4.4 You agree to notify Divetek immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

4.5 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

4.6 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Divetek representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

4.7 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

4.8 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Divetek representative.

5 CONCLUSION OF SALES AND AVAILABILITY OF STOCK

5.1 Registered users may place orders for Goods, which Divetek may accept or reject. Whether or not Divetek accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Divetek for the Goods.

NOTE: Divetek will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Divetek come into effect (the “Sale”). This is regardless of any communication from Divetek stating that your order or payment has been confirmed. Divetek will indicate the rejection of your order (by Divetek itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

5.2 Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.

5.3 Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or the price thereof might change without notice to you. You cannot hold Divetek liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

5.4 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Divetek, Divetek will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Divetek will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

6 PAYMENT

6.1 Goods are for sale by Divetek, payment can be made for Goods via –

  • Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Divetek will not accept your order if payment has not been received;
  • Cash on collection
  • Credit Card Processing

Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

6.2 Export restriction

The offering on this website is available to South African clients only.

6.3 Return and Refunds policy

The provision of goods and services by Divetek is subject to availability. In cases of unavailability, Divetek will refund the client in full within 10 days. Cancellation of orders by the client will attract a 10 % administration fee.

6.4 Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Divetek bank account, the details of which will be provided on request.

6.5 Card acquiring and security

Card transactions will be acquired for Divetek via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details

Customer details will be stored by Divetek separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

6.6 Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

6.7 Country of domicile

This website is governed by the laws of South Africa and Divetek chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

11Variation Divetek may, in its sole discretion, change this agreement or any part thereof at any time without notice.

7 DELIVERY OF GOODS

7.1 Divetek offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

courier; or

self-collection.

7.2 Please see details of our delivery and shipping terms and conditions in our FAQ’s: Shipping and Delivery, which are incorporated by reference.

7.3 Where it accepts your order, Divetek will deliver the Goods to you as soon as reasonably possible, but no later than 10 (ten) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

Divetek obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Divetek is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

8 ERRORS

8.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

8.2 Divetek shall not be bound by any incorrect information regarding our products displayed on any third party websites.

9 VOUCHERS AND COUPONS

9.1 Divetek may from time to time make physical or electronic gift vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Divetek Goods. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:

  • Vouchers that are purchased by registered users are valid for 1 years after Sale. Vouchers that Divetek gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
  • Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

9.2 Divetek is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher, after it has delivered the Voucher to you or the email address nominated by you.

9.3 Coupons

There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).

Coupons are issued in Divetek’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

As a general rule, and unless specified otherwise on the specific Coupon itself:

  • each Coupon can only be used once;
  • only one Coupon can be used per order;
  • only one Coupon can be used on the Website per person per promotion/campaign;
  • Coupons with a percentage discount offer may only be used on purchases with a total cart value of less than R100;

A Coupon must be used at checkout – it cannot be used later on existing orders; and

the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

Coupons cannot be used to buy Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Divetek is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.

If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact info@divetek.co.za to confirm if the Coupon is still valid.  If Divetek confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.

6You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Divetek, before you are able to use a Coupon.

10 WEEKLY DEALS AND OTHER DISCOUNTED GOODS

10.1  Weekly Deals (“Deals”) will be available weekly and applicable Wednesday to Tuesday 24:00 the next week. Deals have a stock limit and may expire earlier if stock runs out.

10.2 Deal quantities are limited and as such, after a Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Deal).

10.3 We do not guarantee a specific saving. The extent of the Deal or discount is at the sole discretion of Divetek.

10.4 Only one of each Deal may be purchased per customer.

10.5 Adding a Deal to your cart, or completing your order for a Deal without paying for it, does not reserve the item for you. Divetek must receive payment from you within 3 days of you placing your order for a Deal, otherwise we will cancel your order.

10.6 Divetek will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because Divetek may only receive payment from you a few days later, and in the meantime the Deal might sell out to customers paying immediately.

10.7 The List Price shown in respect of Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided.

10.8 By purchasing any Deal, you are also automatically opting in for our Weekly Deals daily newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.

10.9 FAIR USAGE One prize, per customer. Any attempt to claim multiple prizes will be forfeit.

11 PRIVACY POLICY

11.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

11.2 Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

your name and surname;

your email address;

your physical address;

your gender;

your mobile number; and

your date of birth.

11.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

11.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

11.5 We will not, without your express consent:

use your personal information for any purpose other than as set out below:

  • in relation to the ordering, sale and delivery of Goods;
  • to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
  • to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
  • to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
  • disclose your personal information to any third party other than as set out below:

to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;

to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;

to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and

We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.

We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

We will –

treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

  • provide you with access to your personal information to view and/or update personal details;
  • promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
  • provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
  • Upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

Divetek undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Divetek is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

11Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Divetek, DIVETEK SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party.

12 CHANGES TO THESE TERMS AND CONDITIONS

DIVETEK may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

13 ELECTRONIC COMMUNICATIONS

1When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 13 above.

14 OWNERSHIP AND COPYRIGHT

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Divetek, its advertisers and/or sponsors and/or is licensed to Divetek.

You will not acquire any right, title or interest in or to the Website or the Website Content.

Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at 011 791 1095

Where any of the Website Content has been licensed to Divetek or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

15 DISCLAIMER

1The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

Whilst Divetek takes reasonable measures to ensure that the content of the Website is accurate and complete, Divetek makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Divetek representatives, Divetek shall not be bound thereby.

Divetek disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

Any views or statements made or expressed on the Website are not necessarily the views of Divetek, its directors, employees and/or agents.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Divetek also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Divetek, its employees, agents or authorised representatives. Divetek thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

16 LINKING TO THIRD PARTY WEBSITES

This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Divetek is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

17 LIMITATION OF LIABILITY

Divetek cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Divetek, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@divetek.co.za or by contacting 011 791 1095.

DIVETEK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

YOU HEREBY INDEMNIFY DIVETEK AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

18 AVAILABILITY AND TERMINATION

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

Divetek may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Divetek will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

Divetek is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Divetek to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Divetek, in whole or in part, on notice to you. Divetek shall only be liable to refund monies already paid by you (see Divetek’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

At any time, you can choose to stop using the Website, with or without notice to Divetek.

19 GOVERNING LAW AND JURISDICTION

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

In the event of any dispute arising between you and Divetek, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Nothing in this clause 21 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

20 NOTICES

Divetek hereby selects Unit 14 Skyview Retail Park, Cnr of Freda Rd & CR Swart Drive, Bromhof, Sandburg, Johannesburg as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Divetek may change this address from time to time by updating these Terms and Conditions.

You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address  by giving Divetek not less than 7 days’ notice in writing.

Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

  1. by hand will be deemed to have been received on the date of delivery;
  2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
  3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
  4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

21 INFORMATION

For the purposes of the ECT Act, Divetek’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

Full name: Divetek (Pty), a private company registered in South Africa with registration number 1991/020248/07

Main business: Retailer

Physical address for receipt of legal service (also postal and street address): Unit 14 Skyview Retail Park, Cnr of Freda Rd & CR Swart Drive, Bromhof, Sandburg, Johannesburg (marked for attention: CEO and Legal)

Office bearers: Abigail Smith

Phone number: +27 11 791 1095

Official email address: info@divetek.co.za

PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.

22 GENERAL

22.1 Divetek may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

22.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

22.3 Any failure on the part of you or Divetek to enforce any right in terms hereof shall not constitute a waiver of that right.

22.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

22.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

22.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

22.7 These Terms and Conditions contain the whole agreement between you and Divetek and no other warranty or undertaking is valid, unless contained in this document between the parties.

Divetek JHB

ADDRESS:
Unit 14, Skyview Retail Park
Corner CR Swart and
Freda Rd
Bromhof, Randburg
Johannesburg
2188
South Africa

Opening Times
Mon – Fri: 9am – 5pm
Sat: 10am – 1pm
Closed Sundays and Public Holidays

We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair / replace it, or credit your account, subject to the below terms.

This Policy applies to products bought from Divetek.

This Policy forms part of the Divetek Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.

Preparing your products for a return

To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

•package your products safely and securely for protection during transit;

•clearly mark your return reference number on the outside of the parcel; and

•include all accessories and parts that were sold with the product.

Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

1: Unwanted products

You can return an unwanted product to us at no charge, provided:

•it is undamaged and unused, with the original labels and stickers still attached;

•it is not missing any accessories or parts;

•you log a return on the Website within 30 days of delivery to you or collection by you of the unwanted product. After 30 days, you can only return a product if it is defective; and

•it is not one of the products listed below.

Changed your mind?

Where you have changed your mind and would like a credit for a product, you can return it – provided the product is not:

•a digital product such as an, electronic voucher

•a care product or fragrance which has been used; or

•a product which has been personalised for you or made to your specifications.

We will collect the product from you at no charge. Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

Want to exchange?

Fashion and sportswear products can be exchanged for a different size or colour variation, provided that such variation is available. In such a case, we will collect the product from you and deliver the requested product to you at no charge. If such variation is not available, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

We are entitled to inspect the product to validate your return. Please refer to our FAQs for some advice on making sure that your product is returnable under this section.

Not what you ordered?

If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. If the product is missing any accessories or parts, you will need to follow the process set out in section 2 below. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

2: Products damaged on delivery

Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 48 Hours of such delivery.

We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product as soon as possible (if such repair is possible/ we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).

3: Defective products

We do our best to ensure that the products we deliver to you are of a high quality,  and in good working order and without defects.

What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances. Please refer to our FAQs for some examples.

The following will NOT be regarded as defects and will not entitle you to a return under this section 3:

•faults resulting from normal wear and tear;

•damage arising from negligence, user abuse or incorrect usage of the product;

•damage arising from electrical surges or sea air corrosion;

•damage arising from a failure to adequately care for the product;

•damage arising from unauthorized alterations to the product;

•where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you; and

•poor maintenance of the product

Standard Warranty

If you have received a product which turns out to be defective or otherwise of poor quality, please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 1 Year after delivery / collection of the product (except in the case of an extended supplier warranty, which is set out below).

We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference). If the repair / replacement takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund.

Where there is no extended supplier warranty period, unfortunately we cannot facilitate returns that fall outside of the 1 year period.

Extended Supplier Warranty (stipulated on product page)

A product may have a supplier warranty that extends beyond the 1 year Standard Warranty. If such a product turns out to be defective more than 1 year after delivery / collection, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.

Please contact us, and we will facilitate your return of the product to the supplier at no charge. Unfortunately we cannot facilitate returns that fall outside of the extended supplier warranty period.

Please note that any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.

It is also important to note that it will be in the supplier or manufacturer’s discretion what remedy it can offer you. Divetek is under no obligation to provide you with a credit, repair / replacement, as your remedy lies with the supplier or manufacturer. However, since we want your experience to be as good as possible, if the supplier or manufacturer has offered you a repair / replacement within the applicable extended supplier warranty and it takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund directly from us.

4: Vouchers & Coupons

There are two types of Coupons: a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon”), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon”).

Where you have used a Fixed Coupon to pay for an order, and you or Divetek later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the Fixed Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the original Fixed Coupon used. Divetek may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon.  For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

Where you have used a Percentage Coupon  to pay for an order, and you or Divetek later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the discount received using the Percentage Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the discount received using the original Percentage Coupon. Divetek may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

Wherever you have used a Voucher to purchase a product that you later return for a refund in accordance with the Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Voucher, but we will credit your account.

5: Charges

If you return a defective product to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.

If you return a product that does not comply with this Policy, you may be liable to reimburse Divetek for the cost of collecting the product from you and the cost of having the product returned to you.

Facebook Promotions Terms and Conditions

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN

The “Facebook Giveaways” is sponsored Divetek.co.za

This contest is governed by these official rules. By participating in the contest, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the contest, as determined by Sponsor and its agents, are final in all respects. The contest is subject to all federal, state and local laws and regulations and is void where prohibited by law.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding the promotion will be directed to Sponsor, not Facebook.

ELIGIBILITY

The Contest is open to legal residents of their respective countries where not prohibited by law, who are eighteen (18) years of age or older at the time of entry who have Internet access and a valid e-mail account prior to the beginning of the Contest Period. Sponsor has the right to verify the eligibility of each entrant.

The Divetek Promotion Period

Promotional giveaway All entries (submissions) must be received on or before the time stated during that submission period. Sponsor reserves the right to extend or shorten the contest at their sole discretion.

FAIR USAGE

One prize, per customer. Any attempt to claim multiple prizes will be forfeit

HOW TO ENTER

You can enter the Divetek Giveaway through the Divetek Page. You can find the event on the Divetek Facebook page.

Share like and comment on any of our specials within the event for 1 entry.

You may enter as many times as you wish.

WINNER SELECTION

All eligible entries received during the Submission Period as stipulated will gathered into a database at the end of the Submission Period. A winner will be chosen at random.

Announcement and instructions for prize will be sent to the e-mail address supplied on the potential prize winner’s entry form. Each entrant is responsible for monitoring his/her e-mail account for prize notification and receipt or other communications related to this promotion. If a potential prize winner cannot be reached by Administrator (or Sponsor) within fifteen (15) days, using the contact information provided at the time of entry, or if the prize is returned as undeliverable, that potential prize winner shall forfeit the prize.

If a potential winner fails to comply with these official rules, that potential winner will be disqualified. Prizes may not be awarded if an insufficient number of eligible entries are received. Fun days and pool session giveaways require a minimum of 10 entries.

PRIZES

Terms and conditions may apply. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the respective prize winner. Free shipping of prices is only applicable to residence of South Africa. Winners not situated in South Africa can choose to pay for the shipping of their prize. If they choose however not too the runner up will be selected. Staff members and direct family members are not eligible for prices of this promotion. Winners also agree to take a photo with their price upon receipt of their goods at their earliest convenience. Winners also agree that this image can then be used on the Divetek Facebook page and marketing material.

ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE IS SOLELY THE RESPONSIBILITY OF THE WINNER.

ADDITIONAL LIMITATIONS

Prize is non-transferable. No substitution or cash equivalent of prizes is permitted. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the promotion, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or the distribution of any prize. Any attempt to damage the content or operation of this Promotion is unlawful and subject to possible legal action by Sponsor. Sponsor reserves the right to terminate, suspend or amend the Promotion, without notice, and for any reason, including, without limitation, if Sponsor determines that the Promotion cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Promotion. In the event any tampering or unauthorized intervention may have occurred, Sponsor reserves the right to void suspect entries at issue. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise.

INDEMNIFICATION AND LIMITATION OF LIABILITY

BY ENTERING THE PROMOTION, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, THE FACEBOOK PLATFORM, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE PROMOTION AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE. SPONSOR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE PROMOTION.

PUBLICITY

By participating, each entrant grants Sponsor permission to use his/her name, likeness or comments for publicity purposes without payment of additional consideration, except where prohibited by law.

DIVETEK PTY

Unit 14 Skyview Retail Park,

Cnr of Freda Rd & CR Swart Drive,

Bromhof, Randburg

011 791 1095

Any questions regarding this promotion should be directed to Divetek on info@divetek.co.za

Responsible Disclosure Policy

At Divetek, we’ve built our business on the simple principle that our customers come first. We aim to keep our website, mobile site and related software applications (“Website”), as well as the service offered on our Website (“Service”) safe for everyone to use, and data security is of the utmost importance. If you have discovered a security vulnerability in our Website or Service, we encourage you to contact us and disclose it to us in a responsible manner.

When security vulnerabilities are reported to us in compliance with this policy, Divetek will validate and fix such vulnerabilities as soon as reasonably possible, in line with our commitment to the privacy, safety and security of our customers. We will not take legal action against you or terminate your access to the Service if you discover and report security vulnerabilities responsibly in compliance with this policy. Divetek reserves all of its legal rights in the event of any noncompliance with this policy.

If you are looking to report another type of issue, which falls outside of the scope of this policy, for example if you are a current customer and you suspect fraudulent activity or suspect that your account may have been compromised, please contact on 011 791 1095. Your issue will be investigated immediately and thoroughly.

Reporting a Security Vulnerability

If you think that you have found a security vulnerability in our Website or Service, please contact us immediately via info@divetek.co.za. When reporting a security vulnerability, you must do the following:

  • Include as much information as possible in your report, as we require a way to reproduce the security vulnerability in order to validate and fix it. “Proof-of-Concept” programs, tools, or test accounts that you’ve created are welcome, and the following information is required:
    • the URL where the vulnerability occurs;
    • if applicable, the parameter where the vulnerability occurs;
    • the type of the vulnerability;
    • a step-by-step instruction how to reproduce the vulnerability;
    • a demonstration of the vulnerability, by screenshots or video; and
    • if applicable, an attack scenario (an example attack scenario may help demonstrate the risk and get the issue resolved faster).
  • Do not share your findings with anyone until Divetek has had adequate time to investigate and deploy a fix. We will notify you when the security vulnerability has been patched.
  • Consider telling us how to identify you.

We’re particularly interested in:

  • XSS attacks
  • SQL injection
  • Remote code execution
  • Circumventing permission limitations
  • CSRF attacks

Restrictions

Please note however that Divetek does not permit you to do any of the following:

  • access, modify or destroy a Divetek customer’s account or data;
  • interrupt or degrade our Service;
  • execute a “Denial of Service” attack;
  • post, transmit, upload, link to, send or store any malicious software;
  • send any unsolicited or unauthorized mail or messages;
  • violate any applicable law;
  • perform any testing that would result in any of the above; or
  • attempt to do any of the above.

Contravening this policy in any way may result in us suspending or terminating your access to the Service, contacting the relevant authorities and/or pursuing any other remedies we have at law.

Our Commitment

If you identify a security vulnerability in compliance with this policy, Divetek commits to:

  • acknowledging receipt of your vulnerability report in a timely manner;
  • confirming the validity of your report; and
  • notifying you when the vulnerability is fixed.

We will unfortunately not offer any monetary rewards.

Warranty Details

 Divetek intends to provide the original purchaser of its products from Divetek, with defect-free performance during the specified warranty period.

We receive frequent inquiries about our product distribution and warranty terms. So that there may be no misrepresentation of our warranty and service program terms, we post the exact text found on the registration forms. All warranty and service programs require proof of purchase from Divetek. ONLY products purchased from Divetek are eligible for factory warranty or service program coverage. Products not purchased from an authorised source MAY NOT be authentic, be complete, have all design and production updates, meet Divetek performance and quality standards, and may have been tampered with.

5-YEAR LIMITED WARRANTY – THE DIVETEK PROMISE

(Divetek Regulators, Divetek Buoyancy Compensators, and Divetek Instruments)
Divetek guarantees, to the original purchaser only, that the equipment purchased is free of defects in material and/or workmanship under normal recreational scuba use for a period of Five years (5) from the date of consumer purchase from an Authorised Divetek Dealer, provided proper care and maintenance have been performed as prescribed by the owner’s guide or instruction card included with the equipment. Should this product prove to be defective for any reason (other than those listed as limitations below) the product will be serviced or replaced at Divetek’s sole discretion at no charge (excluding shipping and handling).
This warranty shall be void if the equipment has been tampered with by a person (or persons) not authorised by Divetek to perform service, or if the equipment is used for rental, military or commercial purposes. The warranty is non-transferable, and extends to the original purchaser only. It is void if the equipment was purchased from anyone other than an Authorised Divetek Dealer.

WARRANTY CORRESPONDENCE
All correspondence regarding the equipment covered by this warranty agreement or in direct reference to this warranty should be accompanied by a copy of the original sales receipt.

LIMITATIONS
Warranty does not extend to cover theft, loss, or damage due to accident, abuse, tampering, lack of maintenance, exposure to excessive temperature, extended sunlight, or deteriorating chemicals. Service or modifications by any person or persons other than an Authorised Divetek Dealership voids the warranty. Divetek will not be responsible for recovery or replacement of the product in the event of loss or theft. Divetek, make no other warranties, either expressed or implied, orally, or in writing, with respect to any other warranty coverage except those expressly stated within the preceding paragraphs. Divetek will not be held responsible for any agreements orally or in writing with the exception of those expressly included in this warranty statement. This warranty information and the terms contained herein supersede all statements contained in any and all owner’s guides, instruction cards, or other equipment literature or catalogs. In no event will Divetek, its Authorised International Distributors, and Authorised Dealers be held responsible or liable for any personal injuries resulting from the use of the covered equipment, or for any other damages, whether direct, indirect, incidental, or consequential; even if Divetek has been advised of such damages.
INSTRUMENTS: Warranty does not extend to plastic gauge faces, rubber boots, HP hoses, O-rings, batteries, hose fitting corrosion, or chrome loss.
REGULATORS: Warranty does not extend to LP hoses, swivel or hose end O-rings, mouthpieces, stress cracks due to spraying with aerosols, rubber deterioration due to excessive exposure or lack of maintenance, chrome loss, or corrosion.
BUOYANCY COMPENSATORS: Warranty does not extend to abrasion, punctures or cuts to bladder material, or delamination due to exposure to chlorine exposure.

COSMIQ Warranty Policy

The COSMIQ Dive Companion comes with a two-year global warranty covering all manufacturing defects, faults in design and workmanship. Deepblu will, during the warranty period, replace any damaged or defective COSMIQ Dive Companion with a new or refurbished unit, subject to the terms and conditions of this Limited Warranty.

For individuals purchasing COSMIQ directly from the Deepblu Web- store for their own personal use, the warranty period of two years begins at the time of purchase from the Webstore. It is non-transferable.

For individuals purchasing COSMIQ from a Deepblu Sales Ambassador or a COSMIQ Reseller, the warranty period begins at the time of purchase from the Sales Ambassador or the COSMIQ Reseller.

The warranty does not cover commercial or rental use, nor does it extend to units purchased from anyone other than an authorized Deep-blu Sales Ambassador, COSMIQ Reseller, or the Deepblu Webstore.

In the event that you experience a fault with COSMIQ within the warranty period, please submit a warranty claim through our website, to initiate the process of obtaining a replacement.

Deepblu retains sole discretion to determine, upon evaluation of the product, if your claim is legitimate.

The warranty specifically excludes battery depletion or other conditions resulting from normal wear and tear, improper use or handling, negli- gence, alteration, accident or unauthorized repair.

+ T&Cs

Divetek Terms, Conditions and Returns Policy

1 INTRODUCTION

1.1 This website can be accessed at www.divetek.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Divetek Pty (“Divetek”, “we”, “us” and “our”).

1.2 These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4 The Website enables you to shop online for an extensive range of goods scuba diving related gear (“Goods”).

2 IMPORTANT NOTICE

2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which-

may limit the risk or liability of Divetek or a third party; and/or

2.3 may create risk or liability for the user; and/or

2.4 may compel the user to indemnify Divetek or a third party; and/or

2.5 serves as an acknowledgement, by the user, of a fact.

2.6 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Divetek to explain it to you before you accept the Terms and Conditions or continue using the Website.

5Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Divetek in terms of the CPA.

Divetek permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

These Terms and Conditions are divided into three sections, as follows:

Part A – Orders and Sales;

Part B – Privacy Policy; and

Part C – General Legal Terms.

3 RETURNS

Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

4 REGISTRATION AND USE OF THE WEBSITE

4.1 Only registered users may order Goods on the Website.

4.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to Divetek. You will need to use your unique username and password to access the Website in order to purchase Goods.

4.3 You agree and warrant that your username and password shall:

  • be used for personal use only; and
  • not be disclosed by you to any third party.
  • For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

4.4 You agree to notify Divetek immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

4.5 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

4.6 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Divetek representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

4.7 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

4.8 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Divetek representative.

5 CONCLUSION OF SALES AND AVAILABILITY OF STOCK

5.1 Registered users may place orders for Goods, which Divetek may accept or reject. Whether or not Divetek accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Divetek for the Goods.

NOTE: Divetek will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Divetek come into effect (the “Sale”). This is regardless of any communication from Divetek stating that your order or payment has been confirmed. Divetek will indicate the rejection of your order (by Divetek itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

5.2 Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.

5.3 Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or the price thereof might change without notice to you. You cannot hold Divetek liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

5.4 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Divetek, Divetek will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Divetek will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

6 PAYMENT

6.1 Goods are for sale by Divetek, payment can be made for Goods via –

  • Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Divetek will not accept your order if payment has not been received;
  • Cash on collection
  • Credit Card Processing

Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

6.2 Export restriction

The offering on this website is available to South African clients only.

6.3 Return and Refunds policy

The provision of goods and services by Divetek is subject to availability. In cases of unavailability, Divetek will refund the client in full within 10 days. Cancellation of orders by the client will attract a 10 % administration fee.

6.4 Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Divetek bank account, the details of which will be provided on request.

6.5 Card acquiring and security

Card transactions will be acquired for Divetek via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details

Customer details will be stored by Divetek separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

6.6 Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

6.7 Country of domicile

This website is governed by the laws of South Africa and Divetek chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

11Variation Divetek may, in its sole discretion, change this agreement or any part thereof at any time without notice.

7 DELIVERY OF GOODS

7.1 Divetek offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

courier; or

self-collection.

7.2 Please see details of our delivery and shipping terms and conditions in our FAQ’s: Shipping and Delivery, which are incorporated by reference.

7.3 Where it accepts your order, Divetek will deliver the Goods to you as soon as reasonably possible, but no later than 10 (ten) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

Divetek obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Divetek is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

8 ERRORS

8.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

8.2 Divetek shall not be bound by any incorrect information regarding our products displayed on any third party websites.

9 VOUCHERS AND COUPONS

9.1 Divetek may from time to time make physical or electronic gift vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Divetek Goods. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:

  • Vouchers that are purchased by registered users are valid for 1 years after Sale. Vouchers that Divetek gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
  • Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

9.2 Divetek is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher, after it has delivered the Voucher to you or the email address nominated by you.

9.3 Coupons

There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).

Coupons are issued in Divetek’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

As a general rule, and unless specified otherwise on the specific Coupon itself:

  • each Coupon can only be used once;
  • only one Coupon can be used per order;
  • only one Coupon can be used on the Website per person per promotion/campaign;
  • Coupons with a percentage discount offer may only be used on purchases with a total cart value of less than R100;

A Coupon must be used at checkout – it cannot be used later on existing orders; and

the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

Coupons cannot be used to buy Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Divetek is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.

If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact info@divetek.co.za to confirm if the Coupon is still valid.  If Divetek confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.

6You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Divetek, before you are able to use a Coupon.

10 WEEKLY DEALS AND OTHER DISCOUNTED GOODS

10.1  Weekly Deals (“Deals”) will be available weekly and applicable Wednesday to Tuesday 24:00 the next week. Deals have a stock limit and may expire earlier if stock runs out.

10.2 Deal quantities are limited and as such, after a Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Deal).

10.3 We do not guarantee a specific saving. The extent of the Deal or discount is at the sole discretion of Divetek.

10.4 Only one of each Deal may be purchased per customer.

10.5 Adding a Deal to your cart, or completing your order for a Deal without paying for it, does not reserve the item for you. Divetek must receive payment from you within 3 days of you placing your order for a Deal, otherwise we will cancel your order.

10.6 Divetek will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because Divetek may only receive payment from you a few days later, and in the meantime the Deal might sell out to customers paying immediately.

10.7 The List Price shown in respect of Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided.

10.8 By purchasing any Deal, you are also automatically opting in for our Weekly Deals daily newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.

10.9 FAIR USAGE One prize, per customer. Any attempt to claim multiple prizes will be forfeit.

11 PRIVACY POLICY

11.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

11.2 Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

your name and surname;

your email address;

your physical address;

your gender;

your mobile number; and

your date of birth.

11.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

11.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

11.5 We will not, without your express consent:

use your personal information for any purpose other than as set out below:

  • in relation to the ordering, sale and delivery of Goods;
  • to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
  • to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
  • to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
  • disclose your personal information to any third party other than as set out below:

to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;

to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;

to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and

We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.

We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

We will –

treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

  • provide you with access to your personal information to view and/or update personal details;
  • promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
  • provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
  • Upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

Divetek undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Divetek is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

11Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Divetek, DIVETEK SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party.

12 CHANGES TO THESE TERMS AND CONDITIONS

DIVETEK may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

13 ELECTRONIC COMMUNICATIONS

1When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 13 above.

14 OWNERSHIP AND COPYRIGHT

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Divetek, its advertisers and/or sponsors and/or is licensed to Divetek.

You will not acquire any right, title or interest in or to the Website or the Website Content.

Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at 011 791 1095

Where any of the Website Content has been licensed to Divetek or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

15 DISCLAIMER

1The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

Whilst Divetek takes reasonable measures to ensure that the content of the Website is accurate and complete, Divetek makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Divetek representatives, Divetek shall not be bound thereby.

Divetek disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

Any views or statements made or expressed on the Website are not necessarily the views of Divetek, its directors, employees and/or agents.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Divetek also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Divetek, its employees, agents or authorised representatives. Divetek thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

16 LINKING TO THIRD PARTY WEBSITES

This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Divetek is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

17 LIMITATION OF LIABILITY

Divetek cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Divetek, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@divetek.co.za or by contacting 011 791 1095.

DIVETEK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

YOU HEREBY INDEMNIFY DIVETEK AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

18 AVAILABILITY AND TERMINATION

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

Divetek may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Divetek will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

Divetek is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Divetek to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Divetek, in whole or in part, on notice to you. Divetek shall only be liable to refund monies already paid by you (see Divetek’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

At any time, you can choose to stop using the Website, with or without notice to Divetek.

19 GOVERNING LAW AND JURISDICTION

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

In the event of any dispute arising between you and Divetek, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Nothing in this clause 21 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

20 NOTICES

Divetek hereby selects Unit 14 Skyview Retail Park, Cnr of Freda Rd & CR Swart Drive, Bromhof, Sandburg, Johannesburg as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Divetek may change this address from time to time by updating these Terms and Conditions.

You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address  by giving Divetek not less than 7 days’ notice in writing.

Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

  1. by hand will be deemed to have been received on the date of delivery;
  2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
  3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
  4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

21 INFORMATION

For the purposes of the ECT Act, Divetek’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

Full name: Divetek (Pty), a private company registered in South Africa with registration number 1991/020248/07

Main business: Retailer

Physical address for receipt of legal service (also postal and street address): Unit 14 Skyview Retail Park, Cnr of Freda Rd & CR Swart Drive, Bromhof, Sandburg, Johannesburg (marked for attention: CEO and Legal)

Office bearers: Abigail Smith

Phone number: +27 11 791 1095

Official email address: info@divetek.co.za

PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.

22 GENERAL

22.1 Divetek may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

22.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

22.3 Any failure on the part of you or Divetek to enforce any right in terms hereof shall not constitute a waiver of that right.

22.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

22.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

22.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

22.7 These Terms and Conditions contain the whole agreement between you and Divetek and no other warranty or undertaking is valid, unless contained in this document between the parties.

+ FAQ
+ Direction to Divetek

Divetek JHB

ADDRESS:
Unit 14, Skyview Retail Park
Corner CR Swart and
Freda Rd
Bromhof, Randburg
Johannesburg
2188
South Africa

Opening Times
Mon – Fri: 9am – 5pm
Sat: 10am – 1pm
Closed Sundays and Public Holidays

+ Returns Policy

We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair / replace it, or credit your account, subject to the below terms.

This Policy applies to products bought from Divetek.

This Policy forms part of the Divetek Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.

Preparing your products for a return

To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

•package your products safely and securely for protection during transit;

•clearly mark your return reference number on the outside of the parcel; and

•include all accessories and parts that were sold with the product.

Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

1: Unwanted products

You can return an unwanted product to us at no charge, provided:

•it is undamaged and unused, with the original labels and stickers still attached;

•it is not missing any accessories or parts;

•you log a return on the Website within 30 days of delivery to you or collection by you of the unwanted product. After 30 days, you can only return a product if it is defective; and

•it is not one of the products listed below.

Changed your mind?

Where you have changed your mind and would like a credit for a product, you can return it – provided the product is not:

•a digital product such as an, electronic voucher

•a care product or fragrance which has been used; or

•a product which has been personalised for you or made to your specifications.

We will collect the product from you at no charge. Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

Want to exchange?

Fashion and sportswear products can be exchanged for a different size or colour variation, provided that such variation is available. In such a case, we will collect the product from you and deliver the requested product to you at no charge. If such variation is not available, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

We are entitled to inspect the product to validate your return. Please refer to our FAQs for some advice on making sure that your product is returnable under this section.

Not what you ordered?

If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. If the product is missing any accessories or parts, you will need to follow the process set out in section 2 below. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

2: Products damaged on delivery

Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 48 Hours of such delivery.

We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product as soon as possible (if such repair is possible/ we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).

3: Defective products

We do our best to ensure that the products we deliver to you are of a high quality,  and in good working order and without defects.

What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances. Please refer to our FAQs for some examples.

The following will NOT be regarded as defects and will not entitle you to a return under this section 3:

•faults resulting from normal wear and tear;

•damage arising from negligence, user abuse or incorrect usage of the product;

•damage arising from electrical surges or sea air corrosion;

•damage arising from a failure to adequately care for the product;

•damage arising from unauthorized alterations to the product;

•where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you; and

•poor maintenance of the product

Standard Warranty

If you have received a product which turns out to be defective or otherwise of poor quality, please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 1 Year after delivery / collection of the product (except in the case of an extended supplier warranty, which is set out below).

We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference). If the repair / replacement takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund.

Where there is no extended supplier warranty period, unfortunately we cannot facilitate returns that fall outside of the 1 year period.

Extended Supplier Warranty (stipulated on product page)

A product may have a supplier warranty that extends beyond the 1 year Standard Warranty. If such a product turns out to be defective more than 1 year after delivery / collection, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.

Please contact us, and we will facilitate your return of the product to the supplier at no charge. Unfortunately we cannot facilitate returns that fall outside of the extended supplier warranty period.

Please note that any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.

It is also important to note that it will be in the supplier or manufacturer’s discretion what remedy it can offer you. Divetek is under no obligation to provide you with a credit, repair / replacement, as your remedy lies with the supplier or manufacturer. However, since we want your experience to be as good as possible, if the supplier or manufacturer has offered you a repair / replacement within the applicable extended supplier warranty and it takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund directly from us.

4: Vouchers & Coupons

There are two types of Coupons: a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon”), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon”).

Where you have used a Fixed Coupon to pay for an order, and you or Divetek later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the Fixed Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the original Fixed Coupon used. Divetek may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon.  For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

Where you have used a Percentage Coupon  to pay for an order, and you or Divetek later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the discount received using the Percentage Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the discount received using the original Percentage Coupon. Divetek may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

Wherever you have used a Voucher to purchase a product that you later return for a refund in accordance with the Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Voucher, but we will credit your account.

5: Charges

If you return a defective product to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.

If you return a product that does not comply with this Policy, you may be liable to reimburse Divetek for the cost of collecting the product from you and the cost of having the product returned to you.

+ Competitions & Facebook Promotions

Facebook Promotions Terms and Conditions

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN

The “Facebook Giveaways” is sponsored Divetek.co.za

This contest is governed by these official rules. By participating in the contest, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the contest, as determined by Sponsor and its agents, are final in all respects. The contest is subject to all federal, state and local laws and regulations and is void where prohibited by law.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding the promotion will be directed to Sponsor, not Facebook.

ELIGIBILITY

The Contest is open to legal residents of their respective countries where not prohibited by law, who are eighteen (18) years of age or older at the time of entry who have Internet access and a valid e-mail account prior to the beginning of the Contest Period. Sponsor has the right to verify the eligibility of each entrant.

The Divetek Promotion Period

Promotional giveaway All entries (submissions) must be received on or before the time stated during that submission period. Sponsor reserves the right to extend or shorten the contest at their sole discretion.

FAIR USAGE

One prize, per customer. Any attempt to claim multiple prizes will be forfeit

HOW TO ENTER

You can enter the Divetek Giveaway through the Divetek Page. You can find the event on the Divetek Facebook page.

Share like and comment on any of our specials within the event for 1 entry.

You may enter as many times as you wish.

WINNER SELECTION

All eligible entries received during the Submission Period as stipulated will gathered into a database at the end of the Submission Period. A winner will be chosen at random.

Announcement and instructions for prize will be sent to the e-mail address supplied on the potential prize winner’s entry form. Each entrant is responsible for monitoring his/her e-mail account for prize notification and receipt or other communications related to this promotion. If a potential prize winner cannot be reached by Administrator (or Sponsor) within fifteen (15) days, using the contact information provided at the time of entry, or if the prize is returned as undeliverable, that potential prize winner shall forfeit the prize.

If a potential winner fails to comply with these official rules, that potential winner will be disqualified. Prizes may not be awarded if an insufficient number of eligible entries are received. Fun days and pool session giveaways require a minimum of 10 entries.

PRIZES

Terms and conditions may apply. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the respective prize winner. Free shipping of prices is only applicable to residence of South Africa. Winners not situated in South Africa can choose to pay for the shipping of their prize. If they choose however not too the runner up will be selected. Staff members and direct family members are not eligible for prices of this promotion. Winners also agree to take a photo with their price upon receipt of their goods at their earliest convenience. Winners also agree that this image can then be used on the Divetek Facebook page and marketing material.

ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE IS SOLELY THE RESPONSIBILITY OF THE WINNER.

ADDITIONAL LIMITATIONS

Prize is non-transferable. No substitution or cash equivalent of prizes is permitted. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the promotion, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or the distribution of any prize. Any attempt to damage the content or operation of this Promotion is unlawful and subject to possible legal action by Sponsor. Sponsor reserves the right to terminate, suspend or amend the Promotion, without notice, and for any reason, including, without limitation, if Sponsor determines that the Promotion cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Promotion. In the event any tampering or unauthorized intervention may have occurred, Sponsor reserves the right to void suspect entries at issue. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise.

INDEMNIFICATION AND LIMITATION OF LIABILITY

BY ENTERING THE PROMOTION, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, THE FACEBOOK PLATFORM, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE PROMOTION AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE. SPONSOR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE PROMOTION.

PUBLICITY

By participating, each entrant grants Sponsor permission to use his/her name, likeness or comments for publicity purposes without payment of additional consideration, except where prohibited by law.

DIVETEK PTY

Unit 14 Skyview Retail Park,

Cnr of Freda Rd & CR Swart Drive,

Bromhof, Randburg

011 791 1095

Any questions regarding this promotion should be directed to Divetek on info@divetek.co.za

+ Responsible Disclosure

Responsible Disclosure Policy

At Divetek, we’ve built our business on the simple principle that our customers come first. We aim to keep our website, mobile site and related software applications (“Website”), as well as the service offered on our Website (“Service”) safe for everyone to use, and data security is of the utmost importance. If you have discovered a security vulnerability in our Website or Service, we encourage you to contact us and disclose it to us in a responsible manner.

When security vulnerabilities are reported to us in compliance with this policy, Divetek will validate and fix such vulnerabilities as soon as reasonably possible, in line with our commitment to the privacy, safety and security of our customers. We will not take legal action against you or terminate your access to the Service if you discover and report security vulnerabilities responsibly in compliance with this policy. Divetek reserves all of its legal rights in the event of any noncompliance with this policy.

If you are looking to report another type of issue, which falls outside of the scope of this policy, for example if you are a current customer and you suspect fraudulent activity or suspect that your account may have been compromised, please contact on 011 791 1095. Your issue will be investigated immediately and thoroughly.

Reporting a Security Vulnerability

If you think that you have found a security vulnerability in our Website or Service, please contact us immediately via info@divetek.co.za. When reporting a security vulnerability, you must do the following:

  • Include as much information as possible in your report, as we require a way to reproduce the security vulnerability in order to validate and fix it. “Proof-of-Concept” programs, tools, or test accounts that you’ve created are welcome, and the following information is required:
    • the URL where the vulnerability occurs;
    • if applicable, the parameter where the vulnerability occurs;
    • the type of the vulnerability;
    • a step-by-step instruction how to reproduce the vulnerability;
    • a demonstration of the vulnerability, by screenshots or video; and
    • if applicable, an attack scenario (an example attack scenario may help demonstrate the risk and get the issue resolved faster).
  • Do not share your findings with anyone until Divetek has had adequate time to investigate and deploy a fix. We will notify you when the security vulnerability has been patched.
  • Consider telling us how to identify you.

We’re particularly interested in:

  • XSS attacks
  • SQL injection
  • Remote code execution
  • Circumventing permission limitations
  • CSRF attacks

Restrictions

Please note however that Divetek does not permit you to do any of the following:

  • access, modify or destroy a Divetek customer’s account or data;
  • interrupt or degrade our Service;
  • execute a “Denial of Service” attack;
  • post, transmit, upload, link to, send or store any malicious software;
  • send any unsolicited or unauthorized mail or messages;
  • violate any applicable law;
  • perform any testing that would result in any of the above; or
  • attempt to do any of the above.

Contravening this policy in any way may result in us suspending or terminating your access to the Service, contacting the relevant authorities and/or pursuing any other remedies we have at law.

Our Commitment

If you identify a security vulnerability in compliance with this policy, Divetek commits to:

  • acknowledging receipt of your vulnerability report in a timely manner;
  • confirming the validity of your report; and
  • notifying you when the vulnerability is fixed.

We will unfortunately not offer any monetary rewards.

+ Warranty

Warranty Details

 Divetek intends to provide the original purchaser of its products from Divetek, with defect-free performance during the specified warranty period.

We receive frequent inquiries about our product distribution and warranty terms. So that there may be no misrepresentation of our warranty and service program terms, we post the exact text found on the registration forms. All warranty and service programs require proof of purchase from Divetek. ONLY products purchased from Divetek are eligible for factory warranty or service program coverage. Products not purchased from an authorised source MAY NOT be authentic, be complete, have all design and production updates, meet Divetek performance and quality standards, and may have been tampered with.

5-YEAR LIMITED WARRANTY – THE DIVETEK PROMISE

(Divetek Regulators, Divetek Buoyancy Compensators, and Divetek Instruments)
Divetek guarantees, to the original purchaser only, that the equipment purchased is free of defects in material and/or workmanship under normal recreational scuba use for a period of Five years (5) from the date of consumer purchase from an Authorised Divetek Dealer, provided proper care and maintenance have been performed as prescribed by the owner’s guide or instruction card included with the equipment. Should this product prove to be defective for any reason (other than those listed as limitations below) the product will be serviced or replaced at Divetek’s sole discretion at no charge (excluding shipping and handling).
This warranty shall be void if the equipment has been tampered with by a person (or persons) not authorised by Divetek to perform service, or if the equipment is used for rental, military or commercial purposes. The warranty is non-transferable, and extends to the original purchaser only. It is void if the equipment was purchased from anyone other than an Authorised Divetek Dealer.

WARRANTY CORRESPONDENCE
All correspondence regarding the equipment covered by this warranty agreement or in direct reference to this warranty should be accompanied by a copy of the original sales receipt.

LIMITATIONS
Warranty does not extend to cover theft, loss, or damage due to accident, abuse, tampering, lack of maintenance, exposure to excessive temperature, extended sunlight, or deteriorating chemicals. Service or modifications by any person or persons other than an Authorised Divetek Dealership voids the warranty. Divetek will not be responsible for recovery or replacement of the product in the event of loss or theft. Divetek, make no other warranties, either expressed or implied, orally, or in writing, with respect to any other warranty coverage except those expressly stated within the preceding paragraphs. Divetek will not be held responsible for any agreements orally or in writing with the exception of those expressly included in this warranty statement. This warranty information and the terms contained herein supersede all statements contained in any and all owner’s guides, instruction cards, or other equipment literature or catalogs. In no event will Divetek, its Authorised International Distributors, and Authorised Dealers be held responsible or liable for any personal injuries resulting from the use of the covered equipment, or for any other damages, whether direct, indirect, incidental, or consequential; even if Divetek has been advised of such damages.
INSTRUMENTS: Warranty does not extend to plastic gauge faces, rubber boots, HP hoses, O-rings, batteries, hose fitting corrosion, or chrome loss.
REGULATORS: Warranty does not extend to LP hoses, swivel or hose end O-rings, mouthpieces, stress cracks due to spraying with aerosols, rubber deterioration due to excessive exposure or lack of maintenance, chrome loss, or corrosion.
BUOYANCY COMPENSATORS: Warranty does not extend to abrasion, punctures or cuts to bladder material, or delamination due to exposure to chlorine exposure.

+ Deepblu Cosmiq

COSMIQ Warranty Policy

The COSMIQ Dive Companion comes with a two-year global warranty covering all manufacturing defects, faults in design and workmanship. Deepblu will, during the warranty period, replace any damaged or defective COSMIQ Dive Companion with a new or refurbished unit, subject to the terms and conditions of this Limited Warranty.

For individuals purchasing COSMIQ directly from the Deepblu Web- store for their own personal use, the warranty period of two years begins at the time of purchase from the Webstore. It is non-transferable.

For individuals purchasing COSMIQ from a Deepblu Sales Ambassador or a COSMIQ Reseller, the warranty period begins at the time of purchase from the Sales Ambassador or the COSMIQ Reseller.

The warranty does not cover commercial or rental use, nor does it extend to units purchased from anyone other than an authorized Deep-blu Sales Ambassador, COSMIQ Reseller, or the Deepblu Webstore.

In the event that you experience a fault with COSMIQ within the warranty period, please submit a warranty claim through our website, to initiate the process of obtaining a replacement.

Deepblu retains sole discretion to determine, upon evaluation of the product, if your claim is legitimate.

The warranty specifically excludes battery depletion or other conditions resulting from normal wear and tear, improper use or handling, negli- gence, alteration, accident or unauthorized repair.