Terms & Conditions

PARTIES

These terms and conditions (“Conditions”) are entered into between:

  1. Protech Diving Limited a company registered in England whose registered office is at 8 Church Green East, Redditch, Worcestershire, B98 8BP  (“we”, “us”, “our”); and

  2. The person or organisation named on a Confirmation of Order (“you”, “your”)

each a “Party” and together the “Parties”.

You can give us notice under these Conditions by emailing us on info@sf2-ccr.co.uk (“Our Email”).

OPERATIVE PROVISIONS

  1. Definitions
    In these Conditions:

    Agreement means an agreement made pursuant to these Conditions;

    Business Day means a day other than Saturday, Sunday on which banks are open for trading in England; 

    Business Hours means 9:00am to 5:30pm on each Business Day;

    Charges means our charges for supplying Products inclusive of value added tax where applicable;

    Claims means any claim including demands, threatened or filed proceedings, fines, awards, penalties howsoever arising including any liability, damages, or cause of action;

    Confirmation of Order means;

    Content means any creation of intellect and includes code, text, layout, design, shading, colouration, images, audio, animation, video and links;

    Costs means any cost, expense or disbursement incurred by reason of a Claim, including judgment debts, adverse costs orders, settlement sums, penalties, fines, professional legal fees, administrative costs of proceedings, expert witness costs, or costs required for compliance with orders for equitable relief;

    Effective Date means the date an Order is submitted to us;

    Force Majeure Event means any circumstances or causes beyond a Party’s reasonable control, including by way of example insurrection or civil disorder, acts of governmental or military authorities, strikes, civil unrests, terrorism, war, fire, flood, prolonged general power outages, changes of the regulatory environment, or acts or omissions of any third party for whom the affected Party is not responsible;

    IPR means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information, know-how, trade secrets, and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

    Product means goods;

    Website means the website located at www.SF2-CCR.CO.UK

  2. Interpretation
    In these Conditions:

    1. Reference to any:

      1. Statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time, and any subordinate instrument made under it;

      2. Person includes natural persons, companies, partnerships, associations, governments, organisations, states, government or state agencies, foundations and trusts;

      3. Company shall include any company, corporation or other body corporate, wherever and however incorporated or established; and

      4. Party includes a reference to that Party’s successors in title, permitted assignees and transferees (if any);

    2. Words denoting the singular shall include the plural and words denoting the plural shall include the singular;

    3. Words denoting gender shall include all genders;

    4. Headings are for convenience only and do not affect the interpretation of these Conditions; and

    5. The word “including” and similar expressions will not be construed as words of limitation and shall be read as “including, but not limited to”.

  3. Binding Contract

    1. These Conditions comprise a binding legal contract between you and us. By accessing and using this Website, you acknowledge that you have had sufficient chance to read and understand these Conditions and undertake to be bound by them in full and without reservation. These Conditions as at the date of an Order are incorporated into any Agreement which comprises a legally binding contract between you and us.

    2. This Website makes only an invitation to treat. By this Website we invite you to make an offer to purchase goods featured on this Website. You shall communicate your offer in the form prescribed by this Website or in our instructions to you, by email to Our Email (“Order”). We may or may not accept your offer at our sole discretion. Our acceptance will be communicated by return email confirming the terms of the agreement to supply goods or services to you.

    3. This clause applies notwithstanding features of the Website from which an intention to make an offer would otherwise be inferred, including: the use of language to the contrary for example the words "offer", "buy now", "purchase"; the specific labels and functions of Website pages for example online store, shopping cart, checkout or payment; or any information concerning or connected with goods or services described on the Website including text, images, audio, video and links.

    4. You declare that any goods or services you offer to purchase are necessary to maintain your existing lifestyle or quality of life.

    5. We reserve the right to terminate any Agreement in whole or in part, at any time, for any reason, in our sole discretion, effective immediately on giving notice or attempting to give notice at the contact details you provided.  We are not required to communicate the reason for termination to you. Our liability is limited to return of amounts paid in advance in respect of the terminated agreement.

  4. Third Party Shipping

    1. The price of Products shown on this Website may exclude shipping costs, which may be shown separately when finalising your order and may not have been disclosed to you prior to your Order.

    2. Delivery charges and timescales vary depending on the type of Product ordered and the delivery address.

  5. We shall deliver Products to you using a third party shipping service provider ("shipping provider"). You agree that when you make a purchase requiring delivery you enter into a separate agreement with the shipping provider to which we are not a party.

  6. We act as agent on your behalf to contract with the shipping provider to arrange and transfer payment for delivery of Products to you at the shipping address you nominated when placing your Order.

    1. You acknowledge that you assume full title and risk for the goods once possession passes from us to the shipping provider, that we have no liability for damage or delay arising from transit of these goods, and that any such liability vests in the shipping provider.

    2. You acknowledge that we incur no liability, release and hold us harmless, for delivery failures, delays or freight related damage to goods caused by the third party shipping provider. However, we may continue to act as your agent to communicate with the shipping provider in respect of any delivery failure, delay, damage or dispute.

  7. Returns Policy

    1. To the extent permitted by law, the following returns policy on Products sold by us will apply:

      1. All sales of Products are final and you are not entitled to any refund on the return of Products unless such Products are defective;

      2. If you are entitled by law to return Products because you have changed your mind within any applicable cooling off period, then:

        1. You are not entitled to a refund on original shipping costs or payment transaction costs,

        2. You must first contact us in writing to make arrangements for the return and provide proof of purchase of that Product from us within the relevant cooling off period,

        3. At your own expense and risk you must return the Product undamaged, unused and in original packaging to an address nominated by us, failing which will exclude you from any entitlement to a refund and you shall remain liable for any return shipping costs.

      3. Certain Products require a high degree of technical familiarity for service and support and so at the first instance or if directed by us, you must contact the manufacturer or other supplier for trouble-shooting assistance;

      4. Products you have damaged through your own acts or omissions shall not be considered defective;

      5. If Products are defective:

        1. You must return defective Products to us, at your own reasonable expense, to any address specified by us (“Returned Products”);

        2. We shall not have title or risk for Returned Products until they arrive at the address we specified for return;

        3. Reimbursement of shipping costs for Returned Products shall be at our sole discretion;

        4. If we confirm the Returned Products are defective you will be entitled to either repair, replacement or refund and we will pay the shipping costs of returning any repaired or replacement Products to you by standard shipping; and

        5. If Returned Products are not defective they will only be returned to you on receipt of your payment for the shipping costs of doing so;

      6. We shall not under any circumstances be liable for any data lost as a result of repaired, replaced or refunded Products; and

      7. In respect of products which are customized or made to order, Including rebreathers, shall not begin manufacturer until payment is received in full, and such payments shall not be refundable.

 

  1. Information Only

    1. The information on this Website howsoever created including by us, you, other users, system or software generated, or displayed from external sources, and in any form including text, images, audio, video and links ("Information") is provided for general information purposes only.

    2. You acknowledge the Information:

      1. Is not guaranteed as accurate, correct or comprehensive;

      2. Does not constitute advice or instructions;

      3. Is not a substitute for consulting a suitably qualified professional or other person with specialised knowledge;

      4. Will not be relied upon by you for any purpose; and

      5. Will form no part of the cause of any injury, damage, misadventure, statement or otherwise detrimental act or omission as it relates to yourself or third parties.

    3. You undertake to be responsible for determining the validity, quality and relevance of the Information and to take appropriate independent advice before acting or relying on the Information to ensure it meets your particular requirements.

  2. Online Store

    1. We reserve the right to change advertised prices for goods or services as shown on this Website at any time.

    2. Nothing in these Terms excludes the application of consumer guarantees mandated by legislation or the operation of law.

    3. You acknowledge that the following variations to the goods shown on this Website may apply and will not invalidate an agreement for the sale of such goods in any way:

      1. Packaging may vary from that shown on this Website;

      2. Weights, dimensions and capacities shown on this Website are approximate only; and

      3. Your monitor’s display of any colour may not accurately reflect the actual colour of physical goods.

    4. If due to age or other circumstances the law in your geographical area does not permit you to purchase certain goods or services, for example knives, alcohol or video material, then you shall not enter into or attempt to enter into any agreement with us for the provision of such goods or services and warrant that you will not do so ("Restrictions Warranty").

    5. You indemnify us for any Costs arising from your failure to comply with the Restrictions Warranty.

    6. You acknowledge that all goods are sold on a delivery duty unpaid basis, and you are responsible to identify and pay any duty, levy, tax or other fee imposed by the law in your geographical area ("Duties") on or prior to delivery of any goods from this Website.

    7. It is your responsibility to check the details of such Duties before completing any checkout process or making any offer to purchase, and to pay such Duties. We do not undertake to inform you if such Duties may apply.

    8. You agree we may use, share and store your personal information for the purposes of processing your transaction and delivering the goods or services to you, including by providing your data to third parties within the supply chain.

    9. You acknowledge that delivering goods or services to you requires true and correct personal information including your name, address and other contact details as requested.  You acknowledge your failure to provide true and correct personal information may result in failure to deliver goods or services to you or failure to bring any cancellation to your attention, and in those circumstances you will not be entitled to any refund of the amount paid by you as consideration for those goods or services ("Forfeited Amount") and you will not be entitled to Costs for any damage incurred by reason of not receiving the goods or services.  You acknowledge the Forfeited Amount is a genuine pre-estimate of wasted costs and costs of administration likely to be incurred by us due to your failure to provide true and correct personal information and is not a penalty.

    10. Orders which are received on a weekend or a public holiday may not be processed until the next business day. Business days are Monday to Friday, excluding public holidays as defined in the jurisdiction specified by these Terms.

  3. Dangerous Recreational Activity

    1. You acknowledge, the activity or activities the subject of this Website ("Activities") are inherently dangerous recreational activities in which you engage for enjoyment, relaxation or pleasure.

    2. You warrant that you will not rely on any information on this website in conducting the Activities.

  4. Intellectual Property

    1. We shall retain all intellectual property rights in this Website, its icons, logos, slogans, Content, processes and software.

    2. You shall not use any Content, process or software available or identifiable on the Website for commercial purposes or derivative works unless you have obtained our express written agreement. You shall not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

  5. Internet Security

    1. You shall not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website, nor attempt to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.

  6. Payment

    1. We will not provide any Goods to you until the total value of the goods or services is paid in full unless otherwise agreed in writing. You warrant that the value to you of the goods or services is at least equal to the amount you paid to us as consideration for the supply of those goods or services.

    2. You shall pay the Charges for each Service plus any applicable taxes such as VAT.

    3. Payment shall mean the receipt by us of the Charges as cleared funds. Payment shall be made in advance, in pounds sterling (£) or Euro by the methods made available or specified on the Website or otherwise communicated to you.

    4. Reductions or discounts arising pursuant to a promotional offer shall be applied to Charges where you meet all the terms of eligibility for the promotional offer. Terms of eligibility of promotional offers will be made available on request.

  7. Term and Termination

    1. The Agreement shall commence on the Effective Date notwithstanding that the Confirmation of Order may be issued or received after the Effective Date.

    2. The Agreement shall continue indefinitely unless terminated in accordance with these Conditions.

  8. Limitation of Liability

    1. Nothing in this Agreement shall limit either Party’s liability for:

      1. Death or personal injury caused by such Party’s negligence;

      2. Fraud or fraudulent misrepresentation;  or

      3. Such other liability which cannot be excluded or limited by applicable law.

    2. We shall not be liable for any consequential, indirect, exemplary, punitive, special, incidental or reliance damages, or for any damages related to lost data, lost profits, or business interruption, arising or related to your use of the Website or any linked website, or any Product supplied via the Website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information or processes contained on, or accessed through, this Website, even if we knew or should have known of the possibility of, or could reasonably have prevented, such damages or losses.

    3. To the extent permitted by law we disclaim any guarantees, representations or warranties, express or implied, as to the availability, reliability, timeliness, performance, completeness, accuracy, merchantability, acceptable quality or fitness for purpose of this Website and the information, content, materials, processes, Products or services that it contains.

    4. In all other cases our aggregate liability shall be limited to the total Charges paid by you in respect of the Product that is the subject of the Claim.

  9. Warranties and Disclaimers

    1. Each Party warrants that it has all necessary power and authority to enter into and perform it’s obligations pursuant to the Agreement.

    2. Except as expressly stated in the Agreement, all warranties, conditions and terms, whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.

    3. [TRAINING LIMITATIONS]  We do not provide training in respect of the products. We provide a directory of instructors or otherwise make a recommendation but expect no liability in respect of such training. You release and shall indemnify, defend and hold harmless us against any and all Claims and Costs arising out of or in connection with training connected in any way with goods delivered pursuant to these Conditions and any Agreement from any cause whatsoever including the negligence or breach of duty (statutory, contractual or otherwise) of us and irrespective of any cause of action under contract, tort or otherwise at law. This clause shall apply irrespective of, and shall not be prejudiced by, any right of defense or appeal, and irrespective of whether you were  given prior notification of the Claim or incurring of the Cost.

    4. You acknowledge that computer and telecommunications systems are not uninterrupted or fault free and we do not make any representation or warranty in relation to such systems and the availability thereof. You further acknowledge and agree that occasional periods of downtime for repair, maintenance and upgrading may be required and we cannot therefore guarantee uninterrupted provision of Services. We will take all commercially reasonable steps to minimise any such periods of interruption or non-availability.

  10. General

    1. Assignment. You shall not assign or otherwise dispose of all or any of your rights or obligations under the Agreement without our prior written consent. We may assign the Agreement to any third party, in full or part, at our sole discretion, by giving written notice of the assignment to you. Any purported assignment in breach of this clause shall be deemed null and void.

    2. Changes to the Conditions. We may from time to time amend these Conditions without notice to you. The updated version of the Conditions shall be made available at the Website and you undertake to inform yourself as to any changes. Each Agreement shall be governed by the Conditions as at the Effective Date.

    3. Construction. No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of, or seeks to rely on, the Agreement or any part of it.

    4. Electronic Commerce and Execution. The Parties consent to the requirement for signature being met by electronic signatures including by application of digitised signature, digital pen, typed signature, DocuSign, submission of Website form or similar methods, and such electronic signatures shall be sufficient to bind the Parties to this Agreement.

    5. Entire Agreement. The Agreement constitutes the entire agreement between the Parties relating in any way to its subject matter and supersedes and merges all prior discussion and any prior agreement.  Each Party acknowledges that in entering into the Agreement it has not relied on any warranty, representation or other promise of any nature not contained in the Agreement.

    6. Force Majeure. We shall not be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of our obligations pursuant to this Agreement if such delay or failure is caused by a Force Majeure Event. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations. We may suspend or terminate the Agreement immediately upon written notice if a Force Majeure Event occurs and has prevented or will prevent us from performing our obligations pursuant to this Agreement.

    7. Law and Jurisdiction. The Agreement and any disputes arising out of or in connection with it or it’s subject matter shall be construed in accordance with and governed exclusively by the laws of England and the acts of the Parliament of the United Kingdom which are applicable in England. The Parties irrevocably agree the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter.

    8. Notices. Any notice given in connection with the Agreement shall be in writing to:

      1. For you the email address you specified in an Order, and

      2. For us Our Email, and

        Deemed to have been delivered immediately upon transmission if sent before 5.00pm on a business day otherwise on the next business day.  You consent to receive all communications from us electronically, including by email or by posting notices on the Website, and that such communications will satisfy any legal requirement that such communications be in writing.

    9. Relationship between the Parties. The relationship between you and us shall not be that of partners, agents, or joint ventures for one another, and nothing contained in the Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes.

    10. Severability. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be severed from this Agreement and the remainder of the Agreement shall continue in full force and effect to the maximum extent permitted by law.

    11. Successors. This Agreement shall be binding upon the Parties and their respective successors and assigns.

    12. Survival. Each indemnity, disclaimer, warranty, undertaking as to defence, undertaking as to confidentiality and release in the Agreement, shall survive the expiry or termination of the Agreement. All obligations and debts incurred pursuant to the Agreement prior to its termination or expiry shall survive the expiry or termination of the Agreement.

    13. Third Parties. Nothing in the Agreement, express or implied, confers upon any third party any right, benefit or remedy under or by reason of the Agreement, the Contracts (Rights of Third Parties) Act 1999 or otherwise.

    14. Variation. No variation, modification or waiver of any provision in the Agreement nor consent to any departure by any Party from any such provision, shall be effective unless in writing and signed by the Parties.

    15. Waiver. A failure or delay by either Party to enforce any right or remedy available under this Agreement shall not constitute a waiver of such right or remedy or a waiver of other right or remedy. If either Party waives any specific obligation or liability under this Agreement, such waiver will not extend to any other obligations or liabilities under this Agreement.

    Last updated on 7 April 2017