Introduction
These terms and conditions (“Terms”) apply to your use of [www.divegarage.com] (the “Website”) which is owned and operated by DIVE GARAGE. (“Dive Garage LLC”). These terms apply whether you are accessing this Website through a computer system or via a mobile device.
These Terms set out the relationship between Dive Garage and you and the terms on which Dive Garage provides the Website, the terms on which products (“Products”) are sold via the Website and general terms applicable to your use of the Website and purchase of Products. You may not use this Website, and you may not proceed to purchase a Product on this Website, if you do not agree to these Terms.
These Terms are effective from 01 January 2024. Dive Garage may change these Terms at any time by posting an updated version of the Terms on this Website. Dive Garage encourages you to check this Website regularly for any amendments to the Terms and to read the Terms each time you purchase a Product on this Website. Your continued use of this Website will constitute your express consent to these Terms.
Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
Your Profile
You will need to register with Dive Garage to purchase Products using the Website.
You are responsible for maintaining the confidentiality of your account user name and password and for preventing unauthorized access to your profile. You agree to accept responsibility for all activities that occur under your account or password. Please take all necessary steps to ensure that the user name and password is kept confidential and secure. Please inform Dive Garage immediately if you have any reason to believe that your user name and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner.
By entering the information, you warrant that the details you provide to Dive Garage are correct and complete and you agree that you will inform Dive Garage immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the "My Account" area of the Website.
You will not be charged by Dive Garage for registering an account or browsing through. You will however be responsible for paying the price of the products you purchase (including any tax on the purchase price and any import/export duties) and delivery costs.
Dive Garage reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at Dive Garage’s discretion. If Dive Garage cancels an order, it will be without charge to you.
Products
Dive Garage is not the manufacturer of the Products and services sold via the Website. Dive Garage will do its best to ensure that information provided on the Website is accurate, but it does not warrant that it is accurate, complete, reliable, current, or error-free. You should not rely solely on the information presented on the Website, and you should read labels, warnings and directions provided with the product or service. Please let Dive Garage know of any errors that you find.
Dive Garage has made every effort to display the colours, specifications and dimensions of Products on the Website as accurately as possible. The colours you see will depend on the resolution of your monitor; Dive Garage cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the Product delivered. Dive Garage may from time to time vary the dimensions, specifications and quantities of Products displayed on the Website without prior notice.
Orders and Payment
When you place an order for Products, Dive Garage collects certain personal and transactional information (e.g. name, address, email address). For details on how Dive Garage uses this information, please read Dive Garage’s Privacy Policy.
You may pay for the products which you order online by supplying your credit/debit card details on the secure online order form. Dive Garage regrets that it cannot accept cheques payment on the website.
When you place your order, Dive Garage's system automatically asks your card issuer for authorization for the transaction amount. If Dive Garage gets a valid authorization, your card issuer will hold this value expecting a charge from Dive Garage. Receipt of your credit card details and debit of payments does not constitute Dive Garage’s acceptance of your order.
Dive Garage accepts orders for Products subject to availability. If for any reason the Products you ordered are no longer available, Dive Garage will contact you using the contact details you supplied when placing your order and either:
- offer you an alternative Product of equivalent quality and price if this is possible; or
- cancel the Product from your order and give you a full refund in respect of that Product.
If Dive Garage is unable to contact you or do not receive a response from you, Dive Garage will process any remaining Products on your order and refund you for the Products Dive Garage was unable to supply.
Products are invoiced in AED at the price prevailing at the time you place your order. Although Dive Garage tries to ensure that all prices on the Website are accurate, errors may occur. If Dive Garage discovers an error in the price of Products you have ordered, Dive Garage will contact you as soon as possible. You will have the option of either confirming your order at the correct price or cancelling it. If Dive Garage is unable to contact you, Dive Garage will treat your order in respect of the incorrectly priced Product as cancelled.
If you order products, you agree to pay the full amount payable for such Products as indicated during the order process, along with any shipping costs or other charges applicable to that order. If the issuer of your credit or debit card refuses to authorise payment, Dive Garage will cancel your order and contact you for an alternative method of payment. Dive Garage cannot be held responsible if this results in a delay in dispatching your order.
It is your responsibility to keep track of the status of your order.
- Please note that Dive Garage cannot guarantee the security of data that you send to Dive Garage by email. Accordingly please do not send Dive Garage payment information using email.
Unless Dive Garage acts either fraudulently or negligently, Dive Garage will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide to Dive Garage when placing an order.
Dive Garage holds the right to cancel any order fully or partially in case there is a duplicate order (Exactly the same items).
If you are under 18, you acknowledge and warrant that you have permission from your parent or guardian to use this Website and purchase any Products.
Cancellations, Exchanges and Refunds
If you wish to cancel your order, please contact Dive Garage's customer services. As Dive Garage tries to process orders immediately it may not always be possible to prevent an order from being dispatched.
Any product deemed defective must be inspected by an authorized service center appointed by Dive Garage in order to validate its condition before an exchange/refund is given.
If you are not satisfied with the quality of the Product you have purchased, please contact our customer service team and they will be delighted to assist you replacing the product.
If you receive an incorrect product, please notify our customer services team, and they will immediately send you the correct product. You also have the option to visit our store to return the incorrect product or contact us on WhatsApp.
As soon as Dive Garage receives notice of your cancellation of a product, Dive Garage will refund the relevant part of the purchase price for that product.
Where Dive Garage agrees that the products can be returned, and in case you paid for your products with credit card for the value of the Products will be applied to the same credit card.
Dive Garage reserves the right to refuse to provide a refund for any products in circumstances where it is clear that the goods have been used (such as, without limitation, having their packaging tampered with or no longer being in original packaging) or where such a refund would be prohibited by law or regulation in any country that could be held to have jurisdiction over that refund.
Please note: Exchanges and refunds are only applicable within 30 days from the date of purchase.
Delivery
Deliveries are made withing 2-3 days of purchased date and will be undertaken by a third party appointed by Dive Garage for and on behalf of Dive Garage. Dive Garage makes every effort to dispatch Products on time. If the ordered Products are not delivered within the time period Dive Garage specified in the confirmation email, please contact Dive Garage's Customer Services quoting the order reference contained in your order confirmation email.
Delivery occurs when the ordered products are delivered to the delivery address you specified when placing your order. At this point, responsibility for loss, breakage and damage passes to you. Ownership of Products purchased passes to you when payment is received by Dive Garage in full. You will be asked to sign for acceptance of the Products which will note that the Products are correct and have been received in good condition.
If you are not at the delivery address, Dive Garage will assume that any adults that are present at the delivery address are authorized by you to take delivery of the Products that you have ordered. If above criteria are not met or if there is no one at the delivery address, Dive Garage will not leave the Products at the delivery address. Dive Garage will contact you to arrange an alternative delivery time.
Please note that the delivery people will only deliver the Products to your front door.
Use of the Website
Dive Garage tries to keep all information on this website up to date, but it may not be correct all of the time. You should independently check the information you use is correct and you use this Website at your own risk. If you find any incorrect information, you can notify Dive Garage by calling or emailing Dive Garage's customer service.
You must not conduct or promote any illegal activities while using this Website. This includes any activities that (in Dive Garage's opinion) breach copyright, infringe on privacy or infringe any third party rights as well as activities that are defamatory to third persons. To do so may lead to prosecution.
You must not use this website to generate unsolicited emails, spam or promotional materials to other users.
You must not do anything to cause damage to this website or other users of the website, including any technical damage to the other computers.
You must not send any viruses or other material designed to adversely affect the operation of the Website, affect any other users of the website or affect any equipment or any data in the website.
You must not attempt to gain access to the Website or the system that runs the Website. You must not interfere with the security of the Website, its services, system resources or network.
You must not use the website in any manner that could damage, overburden or impair the website nor harvest or otherwise collect any information about the uses.
You must not link to the website without seeking Dive Garage’s prior written consent. You must not frame the website on another website without seeking Dive Garage’s prior written consent.
You must not charge third parties for accessing the content of the website, nor can you in any way commercialize its content.
You must not change, edit, add to or produce summaries of its content anywhere else.
You must not disclose your contact details including but not limited to phone numbers, addresses, or email addresses anywhere on the Website including the feedback area, discussion forum or through any e-mail feature of the Website intended to bypass use of the Website.
It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder.
Any party engaged in illegal activities involving the use of this Website may be subject to prosecution. Dive Garage does not guarantee that Dive Garage will be able to prevent any illegal or inappropriate use of this Website, or will give notice of any illegal or inappropriate use of this Website.
User Content and Behaviour
You agree to comply with all legal requirements of the jurisdiction in which you are located with regard to your use of the Website, and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with these requirements.
Members of the public are able to post comments, information and other material (“User Content”) on the Website. You must not post User Content that is offensive, indecent or objectionable or which denigrates any person or entity within the Website. You understand that the person who submits User Content is responsible for that User Content. In the same way, you are entirely responsible for the User Content that you make available to or through the Website. Dive Garage is not liable for any User Content. Dive Garage has the right (but not the obligation) to refuse, edit or remove any User Content.
Whilst Dive Garage intends to refuse, edit, or remove any User Content that is offensive, indecent or objectionable, Dive Garage may not do so before you are exposed to such User Content. Please notify Dive Garage if you find User Content that is offensive, indecent or objectionable.
Dive Garage does not and cannot guarantee the accuracy, integrity or quality of User Content. Additionally, Dive Garage is not liable for any loss or damage that you suffer because of your use of or reliance on the User Content. User Content may not be accurate – please make your own enquiries before relying on any User Content.
Once you submit User Content to the Website, you grant Dive Garage a worldwide, royalty-free and non-exclusive license to use, exploit and modify the User Content in any way in all media. Amongst other things, it may be included within the Website.
Losses
Dive Garage will not be responsible for any losses you suffer as a direct result of Dive Garage breaching these Terms even if those losses were reasonably foreseeable to both you and Dive Garage at the time the contract for the sale of Products by Dive Garage to you was formed (which is formed at the time that Dive Garage sends the confirmation email to you). Dive Garage will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from Dive Garage's actions, is consequential or was not reasonably foreseeable to both you and Dive Garage when the contract was formed.
Without limiting the generality of the above, you acknowledge and agree that, to the extent permitted by law, neither Dive Garage, s nor any of Dive Garage's employees, will be liable for any misadventure, accident, injury, loss or claim suffered either directly or indirectly by any person:
- any material, including any statements made by any other user of the Website or any other person;
- In relation to the failure of any material (including any order for a product) to be received on the Website on account of technical problems or traffic congestion;
- Arising from or related to any problem or technical malfunction of any network or lines or mobile communications network related to or resulting from participation in this Website;
- arising from or related to any problem or technical malfunction of any computer equipment, software, internet connection, any injury or damage to entrant's or any other person's computer software related to or resulting from participation in this Website; or
- as a result of the communication of the Website to the public, the exploitation of the Website or any promotional activities relating to the Website.
Dive Garage’s liability to you under these Terms will not exceed the total price charged for the Products purchased. Nothing in these Terms excludes Dive Garage’s liability to you for personal injury or death caused by Dive Garage’s negligence.
Security
If you are dissatisfied with the Website or any content or materials on it, your only remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Website and its services as a result of your negligent act or omission would result in irreparable injury to Dive Garage and Dive Garage will treat any such unauthorized use as subject to these Terms.
Dive Garage take reasonable precautions to ensure the Website is safe to use, but Dive Garage do not warrant that this Website is virus free or free from anything else which may have a harmful effect on any technology. It is your responsibility to install suitable virus protection software on your computer. Dive Garage is not liable for any loss or damage caused by a virus or other material that may be harmful to your equipment or data because of your use of this Website or of Dive Garage's services. This includes anything that happens when you download material or use a link on this Website.
While Dive Garage takes reasonable measures to ensure the constant availability of the Website, Dive Garage do not warrant that this Website will always be available or that it will operate in an uninterrupted manner. Due to the nature of the internet, mobile connectivity and the operation of mobile applications, outages may occur. Dive Garage may need to restrict or suspend access to this Website from time to time to allow for repairs, maintenance or the introduction of new facilities or services.
Dive Garage does not endorse any third party supplier or User Content on this Website. Dive Garage does not accept liability for any content posted on this Website by any third party or for the conduct of any third party. Although Dive Garage tries hard to enforce the terms relating to content, you may be exposed through the use of this Website to content or conduct that is in breach of Dive Garage’s rules as described in these Terms or may otherwise be offensive. You use this Website at your own risk in relation to such content.
It is your responsibility to have suitable browser or third party software to view and transact on this Website. Dive Garage does not accept any responsibility for any loss of functionality that is dependent on the technology that you use.
Links to Third Party Sites
This Website may contain links to other websites. Dive Garage make no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and Dive Garage does not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies for all third party websites you visit to understand their procedures.
If you use any material, or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. Dive Garage does not endorse and are not responsible for the use of, or the content of, any third party websites. Dive Garage is not responsible for anything that may happen when you use them.
Suspending & Terminating your Account
Without affecting any other rights and remedies Dive Garage may have, Dive Garage may suspend or terminate your account and use of this Website if:
- You breach these Terms or the terms of any of Dive Garage’s policies;
- Dive Garage suspect on reasonable grounds that you might commit a breach of these Terms;
- You engage in any activity that is against the law;
- You do anything that adversely affects Dive Garage’s business or reputation;
- Dive Garage considers that you are disrupting, disturbing or interrupting the operation of this Website in any way;
- Dive Garage considers that you are a fraud risk, are using multiple accounts, using proxy internet protocol addresses to hide the use of multiple accounts; or
- Dive Garage considers it is necessary, for any reason, to protect Dive Garage or the users of the Website.
You can deregister your account and stop using this Website at any time. Dive Garage will keep your account and all your content in an inactive mode but it may not necessarily be deleted. If Dive Garage elects at Dive Garage’s discretion to permanently delete all your content after you have deregistered your account or for any other reason (including a period of inactivity on your part), it will not be able to be recovered or accessed again and Dive Garage will have no liability or responsibility for this.
Without prejudice to any other of Dive Garage’s rights and remedies under these Terms or at law, Dive Garage may choose to take other technical and/or legal steps against any person who create problems or possible legal liabilities of any kind, who infringe act inconsistently with these Terms, Dive Garage’s policies or any relevant law.
Force Majeure
Neither party will be liable to the other under these Terms or any other agreement between the parties, for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without limitation any act of God, exceptionally severe weather, failure of shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labor disturbance (other than those of the parties), the act or omission of government, highways authorities, other telecommunications operators or administrators or other competent authority, war, military operations, acts of terrorism or riot, royal demise etc.
Representations and Warranties
You undertake, represent and warrant that:
- if you are a corporate representative, you have authority to bind the corporate entity; and
- you will comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Website and the ordering of Products.
Electronic Communication
To fulfill Dive Garage’s obligations to you under these Terms, Dive Garage may if wishes communicate with you by email and by posting notices on the Website. You agree to receive communications from Dive Garage electronically and that electronic communications will satisfy any legal requirement for communications which need to be in writing.
Dive Garage may also send you promotional emails. If at any time, you decide that you do not wish to receive such promotional emails, you can opt out of receiving such emails by updating the relevant setting for your account or by calling or emailing Dive Garage’s customer service.
Intellectual Property Rights
The Website content is protected by copyright, trade mark and other intellectual property rights. Dive Garage, or Dive Garage’s licensors (as appropriate), retain all rights in such content. You are only permitted to access and use this Website for personal purposes. You may not use the Website or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content or software contained within the Website.
Dive Garage is not responsible for any error or inaccuracy in any advertising or sponsorship material on the Website.
Relationship and Notice
None of the provisions of these Terms will be deemed to constitute a partnership or agency between you and Dive Garage and you will have no authority to bind Dive Garage in any manner whatsoever.
If any clause of these Terms is deemed invalid, void or for any reason unenforceable, such clause will be deemed severable and will not affect the validity and enforceability of the remaining clauses of these Terms.
These Terms (as amended from time to time in accordance with its terms) sets out the entire understanding and agreement between you and Dive Garage with respect to the use of the Website.
Any failure by Dive Garage to enforce any terms set out in these Terms or other policies with you is not a waiver of Dive Garage’s rights to enforce those terms.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws in force in the UAE. You agree to submit to the non-exclusive jurisdiction of the courts of UAE.