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|TERMS AND CONDITIONS OF PURCHASE
(last update 05.05.2009)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
The following terms and conditions govern your use of this Site and the purchase of products by you through this Site. By using this Site, placing an order with us, you are indicating your acceptance of the following terms and conditions (the "Terms and Conditions"). The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this Site and these Terms and Conditions at any time.
Order Acceptance Policy
Payment shall be made by a credit card. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.
Silent Diving Direct makes every effort to stock sufficient quantities of products sold through its Internet site. However, availability of products cannot be guaranteed. Silent Diving Direct accepts no responsibility for any damages resulting from stock-outs. If Silent Diving Direct is unable to deliver a product ordered through its Internet site, you will be advised by email. Silent Diving Direct also reserves the right to limit quantities.
Shipping and Delivery
Shipment of all products ordered via the Online Store is done from Silent Diving LLC, in New Hampshire, USA, which uses various courier companies and customs agencies deliveries. Silent Diving LLC is not responsible for any shipping problems and shall not be held liable for any "reasonable" delay beyond our advertised delivery time-frames. Shipping timeframes are once the order has been processed. Due to high demand, order processing can take 1 to 3 business days.
Price and Payment
In order to provide for unforeseen fluctuations in market prices, Silent Diving Direct reserves the right to modify its prices on products sold through its Internet site at any time without notice. Payment of all items purchased via the Online store is credit card only. Credit cards accepted are VISA, Mastercard and American Express. All prices are listed in US dollars. Fluctuations in the currency exchange rate on the day of the purchase may result in a slight difference in the totals. We do not accept payment by Check or Money order. Canadian orders will be subject to customs fees and will be the responsibility of the customer to pay.
Returns or exchanges will only be accepted on merchandise purchased online from the Silent Diving Direct Internet site. Returns or exchanges on all merchandise will be accepted within 30 days of the placement of the order if the items are unused, unworn, and unwashed. After 30 days, returns are ONLY accepted if you have received the wrong item or if the merchandise is damaged or defective.
Returns and Exchanges
When returning or exchanging an item, please email us at firstname.lastname@example.org to find out the process for returning an item.
If the return or exchange is a result of a Silent Diving Direct error, shipping costs will be refunded to you. Otherwise shipping costs will NOT be refunded.
To the extent returned merchandise is in the same condition it was in at the time of delivery, you will receive a credit equivalent to the total cost of the merchandise being returned. We will credit your account as soon as we receive the merchandise and advise you by email.
Privacy and Security
Silent Diving Direct believes that your personal information deserves to be protected. You can browse our site without providing any personal information at all. However, if you want to make a purchase you will need to provide the necessary details.
When you make a purchase online, Silent Diving Direct needs to know your name, the delivery address, your email address, your telephone number and your credit card number and its expiry date. This information allows us to process and track orders.
We may also use personal account information and data collected through your personal identification to generate statistics and aggregate reports for internal use and for sharing with affiliates, subsidiaries, licensees, successors and advertisers. These statistics and aggregate reports will not contain any personally identifiable information. Your identity is kept anonymous.
Silent Diving Direct does not sell, rent or make available visitors' non-aggregated specific personal information to anyone.
The efforts made by Silent Diving Direct to protect the personal information that travels on or through its Internet site do not absolve users from assuming the risk that the confidentiality of that information might be broken. Accordingly, Silent Diving Direct disclaims responsibility with respect to damages you may incur as a result of information exchanges with Silent Diving Direct on the Internet. Silent Diving Direct reserves the right to transmit personal information if required to do so by law or by virtue of regulations, or to protect its rights as well as those of the site users and of its commercial partners.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us via telephone at 603-447-2660 ext 2 or via email email@example.com
CONDITIONS OF USE OF THIS WEBSITE
1 OUR OBLIGATIONS
1.1 We will provide you with access to this Website in accordance with these terms and conditions.
1.2 We reserve the right to:
(a) modify or withdraw, temporarily or permanently, this Website (in whole or in part) with or without notice to you; and/or
(b) change these terms and conditions of use or the terms and conditions of sale of from time to time. Your continued use of this Website following such change will be deemed to be your acceptance of such change. It is your responsibility to check regularly for updates and amendments. If you do not agree to any change then you must immediately stop using this Website.
1.3 We will use our reasonable endeavours to maintain this Website. However, we cannot promise that access to this Website will be uninterrupted or error free. Use of this Website is on an "as is" and "as available" basis and is entirely at your own risk. Except where it is not possible to exclude or restrict liability by law, we will not be liable whatsoever for any damages or losses whether direct or indirect that you may suffer as a result of service or systems failure, including server failure, access delays or interruptions, data non-delivery or mis-delivery, any acts of God, delays in provision of services, breaches of security or unauthorised access arising from "hacking" or otherwise.
1.4 Where you are using this Website as a consumer (ie. private individual and not as or on behalf of a business), your statutory rights are not affected by these terms and conditions.
2 YOUR OBLIGATIONS
(a) agree not to use this Website (or any part of this Website) for any illegal purpose and agree to use it in accordance with all relevant laws;
(b) agree not to upload or transmit through this Website any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
(c) agree not to use any service offered through this Website in any manner that could damage, disable, overburden or impair our server or the network(s) connected to any of our servers or interfere with any other partyís use and enjoyment of this Website;
(d) will not upload or transmit through this Website any material which is defamatory, offensive, discriminatory or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
(e) will not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website;
(f) will not use this Website in any manner which violates or infringes the rights of any person, firm or company, including but not limited to rights of intellectual property, rights of confidentiality or rights of privacy; and
(g) will not create or publish a hypertext link to any part of this Website or attempt any unauthorised access to any part of this Website.
3 THIRD PARTY WEBSITES
3.1 We may provide links to other websites including websites which may sell products or services. We take care in selecting who we provide links to, however, you understand and agree that we are not responsible for the operation or content of such websites including, without limitation, any advertising, products or services on or available from such websites, nor for any loss caused by the use of or reliance on any such advertising, products or services available from such external websites. Links to our Website are not permitted without our prior written consent.
4 INTELLECTUAL PROPERTY RIGHTS
4.1 You understand and agree that all copyright, trade marks and all other intellectual property rights in all material or content (including all text, graphics and images) supplied or contained as part of this Website shall remain at all times vested in us or our licensors.
4.2 You understand and agree that the material and content contained as part of this Website is made available for your personal non-commercial use only and that you may download such material and content onto your computer hard drive for such purpose. Any other use of the material and content of this Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
5 YOUR PERSONAL INFORMATION
5.1 Please click on the Privacy link to view the Privacy Notice which forms part of these terms and conditions.
6.1 We take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any date you disclose to us via this Website. You accept the inherent security risks of providing information and dealing on-line over the internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.
6.2 For further information about the steps we take to keep this Website secure, please see our security policy.
7.1 For all enquiries, comments, feedback or further information please contact firstname.lastname@example.org
This Website is owned and operated by Silent Diving LLC.
We respect your right to privacy and We understand that, as a visitor to this Website You prefer to control how Your own personal information may be used and by whom. The purpose of this statement is to set out how We use personal information and to provide You with the opportunity (at any time) to opt-out or opt-in to certain uses of your personal information.
USE OF YOUR PERSONAL INFORMATION
Except to the extent We are required or permitted by law, personal information provided by You to Us will be used for the purposes of processing Your order with Us or to provide You with information You have requested from Us.
You will know when We are collecting information intended to be kept for future use because the web page will contain a link to this privacy statement. The information collected may include:
∑ Postal/email address
∑ Telephone number
∑ Payment details
∑ Other information relevant to customer surveys and/or offers
We may wish from time to time to send You information about our products and services which We think may be of interest to You. If at any time You do not wish to receive this information then please let us know by emailing email@example.com .
You may also let Us know You do not want to receive this information by writing to Us at:
Silent Diving LLC
90 Odell Hill Road
By using this Website and not advising Us to the contrary, You agree to Us using Your data in the way set out above.
If You believe that any information We hold about You is incorrect or incomplete, You should email or write to us at the above address. Any information which is found to be incorrect will be corrected as soon as possible.
We regard our databases of information (which will include Your information) as a valuable asset of Our company. Should We sell or transfer any of Our business assets this may include such databases of information.
In order to protect Our customers and Us from fraud and theft, We may pass on information that We obtain from making identity checks and other information in Our customer records, including how You conduct Your account, to other retailers and to financial and other organisations (including law enforcement agencies) involved in fraud prevention and detection, to use in the same way.
This Website may contain links that make it easier for You to visit other websites. If You use such links and leave this Website to visit a third party website, We do not have any control over such website. You should view the privacy statement applicable to third party websites to ensure the protection and privacy of any information You provide while visiting such websites.
We may collect information about Your personal details, tastes and preferences both when You tell Us what these are and by analysis of traffic on this Website, including by using "cookies". A cookie is a piece of information that is stored on your computerís hard drive by your web browser. Depending on the type of cookie We use, cookies allow us to make Our Website more user friendly, for example, permanent cookies will enable us to save Your password so that You do not have to re-enter it when you re-visit our Website. Cookies do not contain confidential information such as Your home address, telephone number or credit card details. We do not exchange cookies with a third party websites or external data suppliers. If You wish, You can configure Your web browser not to accept cookies. Just follow the instructions after clicking onto this link www.allaboutcookies.org .
We will not disclose Your personal information to any other party or for any other reason other than as set out in this Privacy Statement or without Your prior consent.
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