Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS
THAT MAY APPLY TO YOU. This Agreement contains the terms and conditions that apply to purchases by customers from the ScubaToys.com ("Scubatoys.com") that will be provided to you ("Customer") on orders for scuba equipment and/or related products and/or services and support sold by ScubaToys.com in the United States. By accepting delivery of the scuba equipment, other products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. If for any reason you are not satisfied with your ScubaToys.com purchase, you may return the system under the terms and conditions of ScubaToys.com's return policy.
THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH SCUBATOYS.COM, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER SCUBATOYS.COM STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice at any time, in ScubaToys.com's sole discretion.
1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and ScubaToys.com, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and ScubaToys.com.
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within ScubaToys.com's sole discretion, and unless otherwise agreed to by ScubaToys.com, payment must be received by ScubaToys.com prior to ScubaToys.com's acceptance of an order. Payment for the products and services and support may be made by credit card, wire transfer, or some other prearranged payment method unless ScubaToys.com has agreed to credit terms. ScubaToys.com may invoice parts of an order separately. Orders are not binding upon ScubaToys.com until accepted by ScubaToys.com. Any quotations given by ScubaToys.com will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
4. Shipping Charges; Taxes. Separate charges for shipping will be shown on the invoice(s). When purchasing on our shopping cart, overseas orders may have an inaccurate shipping charge. We will charge the actual UPS rate and if the Customer wants an exact shipping quote before the order is shipped, they should email us, or add notes to that effect in the notes section of the order. Unless Customer provides ScubaToys.com with a valid and correct tax exemption certificate applicable to the product ship-to location prior to ScubaToys.com's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, except for ScubaToys.com's taxes on ScubaToys.com's net income. If applicable, a separate charge for taxes will be shown on the invoice.
5. Title; Risk of Loss. Title to products passes from ScubaToys.com to Customer on shipment from ScubaToys.com's facility. Loss or damage that occurs during shipping by a carrier selected by ScubaToys.com is ScubaToys.com's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO SCUBA EQUIPMENT ARE INCLUDED FROM THE MANUFACTURER OF THE EQUIPMENT IN THE DOCUMENTATION PROVIDED WITH THE PRODUCTS. THERE ARE NO WARRANTIES FOR SERVICES. SCUBATOYS.COM MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN SCUBATOYS.COM'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND SCUBATOYS.COM WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON SCUBATOYS.COM'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
7. Return Policies. Any equipment purchased from ScubaToys.com may be returned for a refund of the cost of the product, excluding any shipping charges, if returned with all original packaging and literature as long as the product is not used – and is delivered to ScubaToys.com in as new condition within 14 days of purchase. To assist our Christmas shoppers, any items purchased from November 10th until December 24th, can be returned in new condition with all original packaging until January 5th, or 14 days after purchase – whichever time period is longer.
8. Exchanges. ScubaToys.com will exchange products or portions of a product within 30 days of purchase, even if used, as long as the product is in good condition and was not abused in any way. Exchanges do not apply to any custom ordered or custom fit items and all original packaging and literature must accompany returned products and all products must be in as new condition with normal wear and tear for the 30 day period expected. To assist our Christmas shoppers each year, any items purchased from November 20th until December 24th, can be exchanged in new condition with all original packaging until January 5th, or 14 days after purchase – whichever time period is longer.
9. Shortages and Shipping Damage. It is the responsibility of the Customer to check all packages for accuracy of contents within 48 hours of receipt. No items shall be invoiced unless shipped. If any shortages occur, it is the responsibility of the Customer to contact ScubaToys.com with 48 hours of receipt of package to file a claim for missing goods. In the case of shipping damage, the Customer will file a claim with the shipper.
10. Products. ScubaToys.com continually upgrades and revises its products and service offerings to provide ScubaToys.com customers with new products and service offerings. In the event that an ordered product is out of stock, Customer will be contacted prior to any substitutions.
11. ScubaToys.com acts as a retailer. Any warranty and technical support provided on third-party products purchased through ScubaToys.com's are provided by the original manufacturer and not by ScubaToys.com. These products may be returned only in accordance with the return policy in effect on the date of invoice. The warranties and technical support may vary from product to product.
12. Limitation of Liability. SCUBATOYS.COM DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES set FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR THE PROVISION OF SERVICES AND SUPPORT. SCUBATOYS.COM WILL NOT BE LIABLE CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, SCUBATOYS.COM IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT. SCUBA DIVING EQUIPMENT SHOULD ONLY BE USED BY CERTIFIED SCUBA DIVERS. SCUBATOYS DOES NOT ACCEPT LIABILITY FOR THE USE OF SCUBA EQUIPMENT BY NON CERTIFIED INDIVIDUALS.
13. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST SCUBATOYS.COM, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "ScubaToys.com") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), ScubaToys.com's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be limited solely to the dispute or controversy between Customer and ScubaToys.com. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
14. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale.
15. Service and Support. ScubaToys.com will provide general technical support to Customer in the United States, in accordance with the then-current technical support policies in effect. Service offerings may vary from product to product. ScubaToys.com has no obligation to provide service or support until ScubaToys.com has received full payment for the product or service/support contract for which service or support is requested.
16. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.