Terms & Conditions
Terms and Conditions
Terms and Conditions
The following are the Terms and Conditions for this web site.
The use of the terms 'we', ‘us’ and 'our' indicates Gus Solutions (trading as Diverlust ABN 49 573 766 747).
The use of the term 'you' indicates you as the customer or user of this website.
The use of the term 'their' or 'they' indicates anyone you provide, loan or sell equipment to purchased from this web site.
By accessing information and purchasing items from this web site, you agree to the following terms and conditions:
- Payment must be made in full and on checkout in the online shopping cart without set off or deduction.
- Diverlust will investigate any disputed amounts and resolve them by issuing a credit to the Customer when required.
Title to products
- Ownership of the product does not pass to the Customer until the relevant order has been fulfilled and dispatched from the Diverlust location.
- Diverlust reserves the right to void any order if deemed necessary prior to dispatch.
- Diverlust reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so.
- Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Diverlust.
- A handling fee may be incurred on all orders
- This site is hosted online by a third party. We have chosen to use third parties to provide superior web services and information security – it’s their core business and lets us focus on our core business, providing goods and services to you.
- Other related parties are linked off this site (i.e. social media sites, payment sites etc). Use of this site confirms your acceptance that your personal information is held by us on a third party site and that security of that site is out of our control. You acknowledge use of third party sites and do not hold us accountable or liable for any damages what so ever arising from any breaches of security on the third party sites either used by us or linked from this site.
- While all care is taken, we cannot be liable or held responsible for any damages or harm caused by accessing this site as it is hosted in the 'cloud' by a third party.
- Prices are subject to change without notice. While all care is taken, we cannot guarantee the accuracy of all the information contained within this site, including pricing.
- If a price has been inadvertently advertised incorrectly, we reserve the right to cancel any order and rectify the problem by all means at our disposal. While we make every attempt to ensure prices are correct, we reserve the right to refuse sales of an item at the price advertised if it constitutes an error or omission.
Availability of Stock
- Stock levels are set up for automatic ordering. Sometimes this may not be entirely accurate due to variations of items and multiple concurrent ordering situations.
- While we will endeavour to have the stock ordered available, there may be instances where some goods may not be available. We will do our best to remedy the situation as soon as possible, including offering you a refund if we cannot supply the item(s) you have requested / ordered.
- We are happy for overseas customers to order from us. However, at the moment, the web site is only set up for Australian / New Zealand orders.
- If you are overseas and wish to purchase from us, please contact us with your name and delivery address and a list of items you want to order and we will get back to you with a price (less 10% tax) plus delivery / freight charges. Please advise us how you wish to pay when ordering.
- Enquiries can be made to: firstname.lastname@example.org
Shipping and Returns
- All Shipping and Returns information is available on the Shipping and Returns page.
- You acknowledge that you have read and understood this page prior to ordering from this web site.
- We will make every effort to reply to your enquiries and mail your orders as soon as practical after we receive them.
- While we will endeavour for this to be the very next working day (or sooner), but in some circumstances this may not possible.
E-mail Contact / Newsletters
- When purchasing from us you allow us to use your e-mail address to send you marketing material.
- You have the right to 'unsubscribe' any time.
Privacy and Collection of Information
- You acknowledge that scuba diving contains inherent risks and you acknowledge that you (and any other person you provide equipment to which may have been purchased from this web site) are aware of and fully understand these risks. You (or any other person using this equipment provided by you and if purchased from us) agree to indemnify us in all aspects of the use or your (and their) inability to use any of the products you purchase from this site.
- We recommend proper scuba diving training from internationally recognized scuba diving training agencies and being appropriately certified when using scuba diving equipment and performing scuba diving, be it recreational or technical scuba diving. We cannot be held liable for your (or any other persons) lack of knowledge, training, expertise or experience when using any of the equipment you purchase from this site.
- You agree to test purchased regulators and BCD systems in a pool or in pool like open water conditions (i.e. to only a couple of meters of depth) to ensure all gear functions correctly and is assembled correctly before use in a full open water situation or especially in any overhead environment. We are retailers and as such do not generally assemble the gear you have purchased (unless specifically requested to do so). To this end you endemnify us for any failure of assembly of equipment and any injury caused by such.
- Except for those required or implied by legislation, Diverlust gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of Diverlust.
- Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded.
- The liability of Diverlust under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or Diverlust to:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired;
- Except to the extent the law provides that liability is not able to be excluded, Diverlust shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Diverlust or the failure of Diverlust to comply with these terms and conditions.
- These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, Diverlust will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Diverlust reserves the right to change these Terms and Conditions at any time.
- All prices listed on the Diverlust website are inclusive of GST. Any consideration and all other amounts to be paid from a purchase through the Diverlust online shopping store will be liable for GST. Upon checkout Diverlust will issue a tax invoice showing the amount of GST applicable for the particular purchase.
- These terms and conditions are governed by and will be construed in accordance with the laws of Western Australia and the parties agree to submit to the jurisdiction of the courts of that state.
Unauthorized Resale of Products
- Diverlust reserves the right to deny service and/or take legal action against any individual or individuals who procure products from Diverlust with the intent to resale those products on external websites.
Price Match Policy
- To price match an item with a competitor, the price match must be made on the day of purchase and is valid for that day only.
- Price match must be agreed to prior to the purchase with an Diverlust team member either via telephone, email.
- Price match must be done prior to purchase and can only be done via the telephone or in person.
- Price matching cannot be activated retrospectively.
- The price agreed upon is valid for the day of purchase only and is not valid in conjunction with any other offer.
- In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the software, neither Diverlust nor the Software Provider will have any liability to you or to any third party in respect of such errors.
- Diverlust reserves the right in the event of such errors to remove all relevant products from the Website and take any other action to correct such errors.