Before booking courses or placing orders please read our legal notice.
1. Definitions and Interpretations
1.1 In these terms and conditions:-
1.1.1 "Nottingham Adventure Centre Ltd" means Nottingham Adventure Centre Ltd, any connected organisation that actually supplies goods or services ordered by you and any successor to the business of Nottingham Adventure Centre Ltd and their associated companies;
1.1.2 "working day" means every day of a calendar year apart from weekends and statutory and public holidays;
1.1.3 "us" means Nottingham Adventure Centre Ltd and you together; and
1.1.4 "you" and "your" means the person ordering goods or services under these terms and conditions.
2. The Contract between us
2.1 scubatoons.com, scubatoon.com, scubatoon.co.uk, challengeddivers.com and challengeddivers.co.uk is the retail on-lines sales division of Nottingham Adventure Centres Limited, their associated companies and includes all Ebay listings.
2.2 These conditions shall apply to all contracts for the sale of goods or services by Nottingham Adventure Centre Ltd concluded via the scubatoons.com web site and Ebay listings to the exclusion of all other terms and conditions, including any terms supplied by you at any time.
2.3 Any order placed by you in response to the material set out of the scubatoons.com web site or Ebay listing shall constitute an offer by you to purchase goods or services from Nottingham Adventure Centre Ltd, which Nottingham Adventure Centre Ltd shall be free to accept or reject.
2.4 Nottingham Adventure Centre Ltd must receive payment by credit card of the whole of the price for the goods or services [plus the amount of the delivery charges and any relevant taxes or duties which Nottingham Adventure Centre Ltd is obliged to collect] that you order before your order can be accepted. Once full payment has been received and Nottingham Adventure Centre Ltd has determined that it shall meet your order, Nottingham Adventure Centre Ltd confirm that your order has been accepted by sending an email to you at the email address you provide in your order form, e-mail or Ebay listing response. Nottingham Adventure Centre Ltd's acceptance of your order evidenced by receipt at your email address of Nottingham Adventure Centre Ltd’s email brings into existence a legally binding contract between us.
3. Price
3.1 The prices payable for goods or services that you order (net of delivery and insurance costs and any applicable sales, export or import taxes, for which you must pay in addition) are the prices displayed on our scubatoons.com site or Ebay listing at the time you place an order as confirmed by Nottingham Adventure Centre Ltd’s acceptance e-mail. In the case of any difference between the prices set out on our scubatoons.com site, Ebay listing and Nottingham Adventure Centre Ltd’s acceptance email, the prices set out in the email shall apply.
3.2 Nottingham Adventure Centre Ltd reserves the right at any time to revise its prices without notice.
3.3 You may be required to pay extra for delivery and insurance (and taxes if applicable) and it might not be possible for Nottingham Adventure Centre Ltd to deliver to some locations.
4. Withdrawal by you from the Contract
4.1 You may withdraw your order for goods or services at any time up to the end of the seventh working day after the date of receipt by you of the goods or services provided you have not altered or damaged the goods or services in any way, or, in the case of videos or computer software, unsealed them from their shrink-wrap or cellophane packaging. You do not need to give Nottingham Adventure Centre Ltd any reason for withdrawing your order nor will you have to pay any penalty. The only exception to this condition is where Nottingham Adventure Centre Ltd has iccured costs, commissions or fees that are unrecoverabale as a rsult of actions by the purchaser.
4.2 The only circumstances in which you cannot withdraw your order are where you have altered or damaged the goods or services which you have already received (or the ones in relation to which you want to withdraw) or, in the case of videos or computer software, unsealed them as described in condition 4.1 above or where you have failed to notify Nottingham Adventure Centre Ltd Limited of your wish to withdraw within seven days of your receipt of the goods or services.
4.3 To withdraw your order in accordance with condition 4.1 above you must notify Nottingham Adventure Centre Ltd Limited by e-mail at sales@scubatoons.com and, where the goods or services have already been dispatched,.Nottingham Adventure Centre Ltd Limited will agree with you a method and price for the return of the unwanted goods or services to Nottingham Adventure Centre Ltd Limited.
4.4 If you have received the goods or services before you withdraw your order then, unless you have lost your right to withdraw because you have altered or damaged them in any way, or, in the case of videos or computer software, unsealed them as described in condition 4.1 above or failed to notify Nottingham Adventure Centre Ltd Limited within seven working days of your receipt of the goods or services of your wish to withdraw, you must send the relevant goods or services back to the agreed Nottingham Adventure Centre Ltd return address at your own cost and risk. If you withdraw your order before you receive the goods or services but Nottingham Adventure Centre Ltd Limited has already processed the goods or services for delivery, when you receive the goods or services, you must not unpack, alter or damage the goods or services and you must send the goods or services back to the agreed Nottingham Adventure Centre Ltd Limited return address at your own cost and risk as soon as possible.
4.5 Once you have notified Nottingham Adventure Centre Ltd Limited that you are withdrawing your order, and provided that the goods or services in question are returned by you and received by Nottingham Adventure Centre Ltd in the condition they were in when delivered to you, any sum debited to Nottingham Adventure Centre Ltd Limited from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order together with the agreed costs of the return of the goods or services to Nottingham Adventure Centre Ltd Limited.
5. Non Fulfillment of your Order for Goods or Services
5.1 If Nottingham Adventure Centre Ltd Limited has insufficient stock to deliver the goods or services ordered by you, or for any other reason does not accept your order, any sum debited by Nottingham Adventure Centre Ltd from your credit card will be re-credited to your account and Nottingham Adventure Centre Ltd Limited will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Recredit of the amount debited from your credit card shall be the only payment due by Nottingham Adventure Centre Ltd Limited to you where an order is not accepted or goods or services cannot be delivered to you. Nottingham Adventure Centre Ltd shall not be liable to pay any additional compensation for losses or damages of any kind incurred by you as a result of non-fulfilment of your order (including, without limitation, lost profits, loss of enjoyment, and direct, indirect, consequential, or special losses of any kind), whether or not you have notified Nottingham Adventure Centre Ltd Limited of the possibility of such losses.
5.2 Nottingham Adventure Centre Ltd Limited reserves the right to substitute goods or services of equal value and specification should the original be out of stock or unavailable. Under theses circumstances you have the right to receive or return the goods for a full refund provided that the goods or services in question are returned by you and received by Nottingham Adventure Centre Ltd in the condition they were in when delivered to you, any sum debited to Nottingham Adventure Centre Ltd Limited from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order together with the agreed costs of the return of the goods or services to Nottingham Adventure Centre Ltd.
6. Delivery of Goods or Services to You
6.1 If your order is accepted, Nottingham Adventure Centre Ltd will deliver the goods or services ordered by you to the address you give Nottingham Adventure Centre Ltd for delivery at the time you make your order. Subject to availability, Nottingham Adventure Centre Ltd will endeavour to provide that goods or services are delivered within 30 days from the date of Nottingham Adventure Centre Ltd Limited’s acceptance e-mail to you.
6.2 You will become the owner of the goods or services you have ordered when they have been delivered to you. Once goods or services have been delivered to you they will be held at your own risk and Nottingham Adventure Centre Ltd Limited will not be liable for their loss or destruction.
7. Product Warranties and Guarantees
7.1 Save as provided by law, the only warranties and representations relating to the goods or services given to you by Nottingham Adventure Centre Ltd Limited are those set out in the written documentation (if any) supplied with the goods or services in question.
8. Liability
8.1 If the goods or services Nottingham Adventure Centre Ltd Limited delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Nottingham Adventure Centre Ltd shall have no liability to you unless you notify Nottingham Adventure Centre Ltd by e-mail sales@scubatoons.com of the problem within10 days of the delivery of the goods or services in question.
8.2 If you do not receive the goods or services ordered by you within 14 days of the date on which you ordered them, Nottingham Adventure Centre Ltd Limited shall have no liability to you unless you notify Nottingham Adventure Centre Ltd Limited by e-mail sales@scubatoons.com of the problem within 21 days of the date on which you ordered the goods or services.
8.3 If you notify a problem to Nottingham Adventure Centre Ltd Limited under this condition, Nottingham Adventure Centre Ltd's only obligation will be, at its option:-
8.3.1 to make good any shortage or non-delivery;
8.3.2 to replace or repair any goods or services that are damaged or defective; or
8.3.3 to refund to you the amount paid by you for the goods or services in question together with any agreed costs incurred by you in returning any incorrect or damaged goods or services if so agreed to Nottingham Adventure Centre Ltd Limited.
8.4 Subject to condition 8.5 below, Nottingham Adventure Centre Ltd Limited will not be liable to you for any direct or indirect or consequential or special loss or damage (including without limitation, any loss of profits) arising out of any problem you notify to Nottingham Adventure Centre Ltd under this condition and Nottingham Adventure Centre Ltd Limited shall have no liability to pay any money to you by way of compensation other than, where applicable, to refund to you the amount paid by you for the goods or services in question and any agreed return delivery charges as set out in paragraph 8.3.3 above.
8.5 Nothing in this condition is, however, intended to limit any rights you might have as a consumer under English law or under any applicable local law which may not be excluded by law, nor in any way to exclude or limit Nottingham Adventure Centre Ltd's liability to you for any death or personal injury resulting from its negligence.
9. Force Majeur
9.1 Nottingham Adventure Centre Ltd shall have no liability to you for any failure to deliver goods or services you have ordered or any delay in doing so or for any damage or defect to goods or services delivered that is caused by any event or circumstance beyond its reasonable control.
10. Invalidity
10.1 If any part of these conditions is unenforceable (including any provision in which Nottingham Adventure Centre Ltd Limited excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
11. Specific Applications
12. Governing Law
12.1 The contract between us shall be governed by and interpreted in accordance with English law, and you accept that English law applies and that the English courts shall have full jurisdiction to resolve any disputes between us.
13. Entire Agreement
13.1 These terms and conditions, together with the current scubatoons.com Web site prices, the delivery details supplied by you by email to Nottingham Adventure Centre Ltd Limited, the information set out on Nottingham Adventure Centre Ltd Limited’s acceptance e-mail to you, and Nottingham Adventure Centre Ltd Limited’s contact details set out on the scubatoons.com site and the information set out on the invoice sent to you with the goods or services, comprise together the whole of our agreement relating to the supply of the goods or services to you by Nottingham Adventure Centre Ltd. These terms and conditions cannot be varied except in writing signed by a director of Nottingham Adventure Centre Ltd. In particular nothing said by any sales person on behalf of Nottingham Adventure Centre Ltd Limited should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods or services offered for sale by Nottingham Adventure Centre Ltd. Nottingham Adventure Centre Ltd Limited shall have no liability for any such representation being untrue misleading. We maintain information and have a strict privacy policy.
14. Associated Companies
Nottingham Adventure Centre Ltd Clubs Limited, Nottingham Adventure Centre Ltd Holidays Limited, Nottingham Adventure Centre Ltd Limited and the Nottingham Adventure Centre Limited are associated companies.
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