TERMS AND CONDITIONS
Introduction
Welcome to DipNDive.com. This Site is provided by DipNDive Sporting Goods LLC (referred to throughout this Site as "DipNDive.com") as a service to our customers. Please review the following basic rules that govern your use of the DipNDive.com site. (the "Agreement"). Please note that your use of the DipNDive.com site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. DipNDive.com reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.
Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. DipNDive.com does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of DipNDive.com or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
General Information
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of DipNDive.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit DipNDive.com's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under New York law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of New York and you consent to the exclusive personal jurisdiction of such courts.
By placing an order you're making an offer to purchase items from our catalog or web site. If we accept your offer, it will be ruled by the laws of the State of New York, which will apply to this transaction as well as to any dispute that could arise.
Dip 'N Dive is not responsible and has no idea about customer's intensions, what will be done with anything Dip 'N Dive sells and can't project the fitness or merchantability of any item. Dip 'N Dive will be responsible for the refund or replacement of any non-functioning gear, but what happens when you use it depends entirely on you.
If you don't agree to these terms, then don't open the package. Send it back to us within (5) days by USPS, UPS or Fed/EX Ground Service and we'll give you a full refund of your purchase price, less shipping and handling.
Misprints
Dip 'N Dive promises excellent service and highest quality at the lowest possible price.
We make every effort to provide you with an error-free catalog and website. If there is an error, we are responsible for correcting the misprint or pricing to reflect the actual current status. Pictures are provided for illustration purposes only, and may not be exact. Illustrations are provided to display the products, and may include items not necessarily included in the purchase price.
Specifications may change without notice. Items in this catalog and web site come from various sources around the world. We're bound to fluctuating currency exchange rates which occasionally affect prices. And some products are discontinued without our prior knowledge. All items offered for sale are subject to availability. If we find an item in your order has changed, we'll notify you immediately.
Indemnification
You agree to defend, indemnify and hold harmless DipNDive.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Termination
These Terms of Use are effective unless and until terminated by either you or DipNDive.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. DipNDive.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in DipNDive.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or DipNDive.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. DipNDive.com's right to any Comments shall survive any termination of this Agreement.
Sales Tax Policy
DipNDive.com must collect and remit sales tax as required by U.S. law, for transactions in our store and on DipNDive.com.
Export Policy
You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Colors
We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Corporate and Government Sales
We have a history of working with many of the local government agencies in terms of fulfilling their diving equipment needs. Plus we have worked with numerous businesses to ensure that they receive the equipment that they need. In dealing with these orders we find that many organizations need a specialized selection of gear, the best way for us to help fulfill an order is to contact us directly. We can be reached at (716) 837-3483 or toll free at (716) 691-9100, Monday through Saturday 10 A.M. to 5 P.M. EST.
Items Damaged During Delivery
Dip 'N Dive takes great pride in the way that we pack orders. If you receive an item and you find an item damaged, we ask that you first call the shipping company and they will issue a Damage Call Tag. Then give us a call with the Tag number and we will take it up with the shipper. As for the item we will send you a packing label, all you have to do is stick the label on the box and drop it off at your local ups store. Once we receive the item here we will ship out a replacement.
Order Processing and Shipping Time
We are constantly working on improving our order processing and shipping proccesses. Currently Order processing takes anywhere between 3-5 business days. Shipping time varies on destinations. In cases where free shipping is selected for orders over $50, Dip 'N Dive reserves the right to choose the shipping carrier, regardless of the carrier selected at the time of order. If you have a specific request regarding the carrier used, please call us prior to your order being placed.
Payment Methods
We accept Visa, Mastercard, American Express and Discover. All orders placed through the website are secure so that means all of your information is encrypted.
We also accept Checks and Money orders. Checks must clear before we ship out any items.
For overseas customers the easiest method is by credit card since the exchange rate is automatically calculated.
Warranty Information
a. We are an AUTHORIZED DEALER for ALL of the products we sell and ALL products ordered from Dip ‘N Dive come with a FULL MANUFACTURER'S WARRANTY.
b. SCUBA gear is backed by manufacturer’s warranties. If you buy from an authorized dealer (like us), you will be notified in the event of a safety recall. The warranty is very important with scuba gear, since Regulators and Buoyancy Compensators are LIFE SUPPORT equipment. Every year the CPSC (Consumer Product Safety Commission) finds several scuba products that require recall. That is why you should purchase your gear from an authorized dealer, like Dip ‘N Dive.
DIPNDIVE SPORTING GOODS LLC
25 Pineveiw dr., Ste. B
Amherst, NY 14228
Our address is listed below:
Dip 'N Dive
500 Niagara Falls Blvd
Buffalo, NY 14223
Our store hours are as follows:
| Monday | 10am-8pm |
| Tuesday | 10am-6pm |
| Wednesday | 10am-8pm |
| Thursday | 10am-6pm |
| Friday | 10am-6pm |
| Saturday | 10am-5pm |
| Sunday | Closed |
All times are Eastern Standard Time
Changes to the DipNDive.com Terms of Use
Please check our Terms of Use periodically for changes.