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Terms & Conditions

GENERAL WEBSITE TERMS & CONDITIONS

ABOUT US


This website (www.aotearoadive.co.nz) is owned and administered by Aotearoa Dive Limited, "Aotearoa Dive".

We have provided this website for your use, subject to the terms and conditions listed below. Please read these carefully. By using our website, you agree to be bound by these terms and conditions.

We reserve the right to amend these terms and conditions at any time, we therefore recommend that you review these terms and conditions each time you visit the website.

These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand. If at any time we do not enforce any of these terms and conditions or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.

If you have any questions or concerns in relation to the website or these terms and conditions please contact us.

Users outside New Zealand:

Our website is operated by us from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

PURCHASING FROM www.aotearoadive.co.nz

Aotearoa Dive shopping gives customers convenient, quick, easy and secure shopping. Products displayed on the site shopping areas can be purchased using a secure online MasterCard or Visa transaction facility. Customers can be confident that all of their credit card details are protected by the latest security mechanisms and are used only for purposes of the transaction fulfilment or as otherwise authorized by you or permitted by law.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you when the supplier receives full payment of all sums due in respect of the products, including delivery charges. It is your responsibility to ensure the correct delivery address details have been entered at the time of ordering. Aotearoa Dive is not liable for any costs associated with resending an order due to delivery address details being incorrect. Shipping may take additional time during sale periods, holidays and extreme weather events.

Aotearoa Dive services and accounts should not be used for commercial purposes, including commercial reselling of Aotearoa Dive products for profit, and such uses will constitute a breach of Aotearoa Dive account terms.

Should you contravene or abuse, or we suspect you of contravening or abusing, our terms of use either online or otherwise, or we consider you have acted in bad faith, Aotearoa Dive reserves the right to suspend your Aotearoa Dive account and any future or affiliated accounts. All decisions by Aotearoa Dive are final and shall be made in its sole discretion.

PRICING

All prices and delivery charges on our site are in New Zealand dollars (NZ$) and include New Zealand GST (if any). We reserve the right to alter prices and delivery charges for any reason at any time. If this should happen after you have placed an order, we will contact you prior to processing it.

The supplier will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under its contract with you that is caused by an event outside its reasonable control.

Contracts for the purchase of products using the Service, and any dispute or claim arising out of or in connection with them or their subject matter or formulation, will be governed by New Zealand law. Any such dispute or claim shall be subject to the non-exclusive jurisdiction of the New Zealand courts.

SECURITY

We use the secure Hosted Payment page solution from Windcave to process online orders. Customers can see their cards being authorized in real time, all in an SSL secure environment. The Hosted Payment page enables us to offer customers a safe and speedy online shopping experience.

Windcave is committed to protecting the security of your data. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we store the personal information you provide in computer servers with limited access that are located in controlled facilities secured by the latest in surveillance and security technology. When we transmit sensitive information (such as a credit card numbers) over the internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. Windcave is also certified AIS compliant.

SHIPPING

We only ship within New Zealand and shipping is free for orders and purchases valued $300 or more. All other orders will incur a shipping fee which will be quoted at checkout.

DELIVERY

We aim to ship goods out on the same day as we receive payment confirmation, but do allow a 1-2 day process time during the busier seasons. Once the order has been dispatched to delivery, your order will be passed on to our network of freight companies. Estimated delivery times would depend on the address in the country and local disruptions.

· Estimated delivery North Island: 1-3 days

· Estimated delivery South Island: 5-8 days

Please note these times are only guidelines, not guarantees. However, if you do experience any problems, then please contact us on +64 210 916 2697 and we will follow this up for you. All deliveries require a signature upon arrival unless instructed otherwise.

REFUND

Aotearoa Dive is committed to providing quality products, supplied by Aotearoa Dive, to our customers. If for any reason you are not completely satisfied with any product supplied by Aotearoa Dive, please return it to us in original condition within 14 days of receipt and Aotearoa Dive will replace it or refund your purchase price using the original payment method. If we have made a mistake with your order, we will send out a replacement along with a post bag for return of the incorrect product. We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy.

CONTACT DETAILS

If you have any queries regarding shopping with AotearoaDive.co.nz, please email dive@aotearoadive.co.nz or call 0210 9162697.

COPYRIGHT

Aotearoa Dive is a trade mark of Aotearoa Dive Limited. Aotearoa Dive Limited is the owner of the copyright and other intellectual property rights in the material contained in the Service or is permitted by the owner to use such material. No permission is given in respect of the use of such mark or rights, and such use may constitute an infringement of the owner's rights.

YOUR PRIVACY AND SECURITY ONLINE

We have put in place a Privacy Policy to protect your personal information. By using our website and/or providing information to us, you consent to the collection, storage, use and disclosure of your personal information in accordance with our Privacy Policy.

DISCLAIMER

Aotearoa Dive and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the Service. This includes viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information or materials available on the Service, regardless of the type of claim or the nature of the cause of action.

LIABILITY LIMITATION

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade. We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website. To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorized by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993. Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

 

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