Terms and conditions of use

1.1 In this text, "us" indicates Dive Industries srl and "you" indicates yourselves i.e. the customer. The Terms and Conditions herewith listed, along with Your order confirmation, make up the contract between us and you for the Products supply. Any other term or condition will be applied. The Contract cannot be modified unless there will be a previous written agreement (also by e-mail).

1.2 The Company reserves the right, at its own discretion, to limit the quantities stated in the orders and to refuse or cancel those orders exceeding that limit.

To place a purchase order

2.1 To place a purchase order it is necessary to be an adult (+18) and reachable by telephone (fixed or mobile) and by e-mail.

2.2 When sending an order, an order number will be assigned to You by the Web Site divesystem.com.

2.3 By forwarding an order You will carry out a purchase proposal of the Products chosen on the basis of the present Terms and Conditions . The Company can accept or refuse this proposal.

2.4 If the order is accepted, You will be contacted by e-mail

2.5 Even if it will be done all possible to carry out the supplies of the Products indicated in the Order Confirmation, it might happen that we cannot be able to supply those Products, that is, it might happen that the order is not valid owing to a mistake in indicating the price in the web site divesystem.com. In case one of the above mentioned hypothesis could happen, it will be our care to contact You suggesting alternative Products. In case You decide to refuse our suggestions, we will cancel your order relating to those products that we cannot supply and we will refund you the amount you have paid relating to the order you placed. In case we would not be able to deliver the Products you have ordered, our liability will not go beyond the reimburse in your favour of the sums you have paid.

2.6 The information contained in our advertising material, brochures and other promotional materials in our web sites or which have been provided to you by our agents or employees, are an invitation of negotiation. None of the said information can be considered as an Offer of Products supply.

Products Supply

The Supply of the Products listed in your Order Confirmation will be carried out at the following Terms and Conditions.

Prices

4.1 The price of the products will be the one indicated in the Order

4.2 The VAT percentage will be the one indicated in the Order (if applicable)

4.3 The freight costs, if applicable, will be indicated in the Order

Means of Payment

5.1 The products you will purchase can be paid according to the means specified in the Payment Section of the web site divesystem.com.

5.2 Payments must be carried out in the currency specified in the Order.

5.3 If payment is carried out by Paypal or credit card you will receive a request of payment. The manufacturing and supply of the products, as well as the services in your favour will be carried out once your payment has been fulfilled. If we don't receive your payment within 30 days from the date of your order, it will be cancelled.

Delivery

6.1 The delivery is expected to be carried out within the European Unit in the European continent territory. If it should be carried out outside the European continent, The Company reserves the right to ask for extra charges, such as customs duties etc. and/or to refuse your order.

6.2 With the exception of what is stated at point 6.1, the delivery of the products you will order will be carried out at the address you will indicate in your Order Confirmation.

6.3 We will do our best to manufacture the ordered products within 14 days from the date of issue of your purchase order confirmation. However, the expected lead time is stated by each product. The expected lead time at the moment of your purchase order issue are referred to the time of manufacturing only and they don't include transit time. Transit time with GLS/DHL ranges from 2 to 6 days from the date of shipment in Europe, Worldwide shipment may require extra-time. The Company is not responsible about possible delays in delivery once the parcel has been entrusted to the freight forwarder.

6.4 The risks of lost relating to your products will be at your charge once they will be delivered to the freight forwarder.

6.5 Once the Products are entrusted to our courier, we will forward you by e-mail a shipment confirmation.

6.6 Possible periods during which shipments are not carried out will be indicated in our web site divesystem.com

Reserved Conditions for Instructors

7.1 "Instructors" are all those divers who have obtained a scuba diving license approved and/or released by a certified diver training organization. It is not considered to be an instructor who is still attending courses or who has not obtained the scuba diving license yet.

7.2 The Company reserves the right to ask for a copy of the scuba diving license in phase of registration to the web site divesystem.com to check the status of the applicant. It is our right to ask for a copy of the scuba diving license also after the registration.

7.3 The prices reserved to the "instructors" have been established with the assumption that the purchased products will be used for work purposes. The customers who benefit of the discount reserved to the "instructors" are not considered "consumers".

7.4 The "instructor" engage himself/herself not to purchase the products at the reserved price on behalf of a third party, or with the aim to sell his/her equipment to a third party.

7.5 The Company reserve the right of denying the reserved discount for those purchase orders for which we can have even the presumption of point 7.4 violation.

Our responsibilities

8.1 We will not be responsible, relating to this Contract, in case of loss of incomes, profits, contracts, data or for any other kind of damage, direct or indirect, deriving or connected to contractual or extra-contractual non-fulfillment , culpable or malicious, of any kind.

8.2 The maximum limit of liability at our own charge, in relation with this Contract, both contractual and for illicit fact (even as guilt only)cannot in any case exceed the amount you have payed to us for the Products/Services you bought.

How getting in touch with The Company

You can get in touch with us:

By phoning at 0039.0566.919524 according to the opening hours stated on our web site divesystem.com

By standard mail to the following address: Dive Industries srl via Vetturini 22/24 z.i. di Valpiana 58024 Massa Marittima (GR) Italy.

By e-mail at info@divesystem.com

Every time you contact us for getting information about Your order, you will always have to indicate Your Order Number.

Control on Exportations

With this Contract, You are engaging yourselves to respect all Laws regulating Exportations. In particular, you are engaging yourselves to (I) not export the Products in none of those countries in violation of the Exportation Laws and (II) not export the Products in those countries whose Governments ask for particular authorizations or licenses for exportations, without having obtained previously the needed licenses and authorizations. You will give warranty about the fact that you are not a citizen or resident or domiciled in a country towards which the exportation of Products is prohibited by any law regulating the exportation.

Protection of Data and Privacy in case of order

By forwarding your Purchase Order, You accept that The Company could store, elaborate and use the data contained in your Purchase Order to process your Order. Some information you will provide us with, will be forwarded to the companies used by us to carry out the shipment of Products. By your specific request on your Purchase Order, once you have forwarded it, You accept that your data could be forwarded to other companies of Dive Industries Group to provide you with information on other Products or Services which might be of your interest. By a specific written request, you can obtain a copy of Your data in our possession. The relating costs will be at your own charge. If your data might result to be wrong, we will amend them following Your specific written request.

Force Majeure

Every possible effort will be done to fulfill all the undertaken obligations on this Contract. We will be dispensed with any liability in case of delay or damage caused by circumstances out of our control. In case of delay, we will accomplish the undertaken obligations as soon as possible.

Applicable law

This contract is ruled by the Italian Law. We will try to solve any argument in an effective and fast way. If you would not be satisfied about our attempts and would have recourse to the Law, any dispute will be subject to the Italian jurisdiction.

Various

14.1 In case none of the two parties should take advantage of their rights given by this contract, this will not mean an abandonment of those rights, which can be claimed in a second time.

14.2 The possible invalidity or ineffectiveness of one or more contract conditions will not invalidate or limit the effectiveness of the other contract conditions.

Defective products

Before carrying out any shipment, all DiveSystem products are tested to verify the presence of imperfections or mis-functioning. The products are not shipped if they don't pass such tests.

If you would receive a faulty or bad working product, You have to advise immediately at the e-mail address info@divesystem.com

The damages or bad working derived by an incorrect use of the products are not covered by warranty. To avoid any problem, it is compulsory having received a proper training by an instructor of a certified diver training organization.

Returns

The procedure to return products can be activated the day after the parcel delivery, however, within and not over 14 calendar days from the parcel reception.

16.1 It is not possible to carry out the return procedure if:

A. more than 14 calendar days have passed after the parcel reception,

B. the product is customised (for instance a made to measure dry suit, a watch computer with your name engraved on the back of case),

C. the product has been used,

D. the product has been tampered or damaged,

E. the product has not been purchased on the site divesystem.com,

F. the customer does not benefit of the Consumer status. In particular if he/her had access to special reserved discounts since that product was meant for a professional use (ref. point 7.3).

Besides, the products must be returned intact and complete of all their accessories, inside the original package.

G. The product is an Outlet product

16.2 How to return a product

To activate the return procedure, it is necessary to send an e-mail to info@divesystem.com

Not authorised returns will be sent back to the sender at his/her own charge.

Once obtained the authorisation to the return, you will have to send the box to The Company at your charge.

When the returned product has arrived at The Company premises, it will be checked according to the rules stated at the point 16.1. In case of approval of the return, the refund will be credited within 30 days after the parcel's arrival. If the customer benefited of free shipment, this cost will be deducted from the sum of the refund.

Purchase orders over € 3.600,00

According to the Article 22, comma 1 of the Dpr 633/1972 for indirect e-commerce or mail-order shopping, the invoice issue is not compulsory, unless expressly requested before the sale acceptance. At present, every sale for which the invoice issue is compulsory is acquired by the Agenzia delle Entrate through the so called "spesometro". This is not the case for those sales which are documented by ordinary "corrispettivi", unless their amount is over € 3.600,00. The Company reserve the right to refuse orders whose amount is over € 3.600,00 if the customer refuses to provide all ID data required by The Company to comply with this law.

Products inserted in the Outlet section

Every product chosen from the Outlet section of the divesystem.com are sold "as they are".

They can show aesthetic faults or other differences in comparison with a "new" product.

Such faults are indicated in the description of every single product (ref. "Outlet Reasons).

The Outlet products can be inserted in the "Outlet" section for different reasons as well at The Company choice. However, the reason will be specified in the product description.

Before inserting a product in the "Outlet" section for any kind of reason, The Company check that the product works properly and then indicate the possible aesthetic faults.

By purchasing a product from the "Outlet" section, the customer declares to be aware of such aesthetic faults listed in the product description and declares to accept that the discount applied to that product is due to the presence of those faults.

The customer is aware and accepts that he/she cannot activate warranty procedures for the faults listed in the product description. In no case the faults will concern the functional aspect of the product.

The Outlet products are covered by DiveSystem Warranty for a period of 2 (two) years from the date of purchase concerning only the functional parts of the product. On the Outlet products, the warranty does not cover the purely aesthetic parts.