GENERAL TERMS AND CONDITIONS OF SALE
Version applicable from October, 2021
Aqualung America, Inc., with registered office at 2340 Cousteau Ct. Vista, CA 92081 (United States) registered under the laws of Delaware (hereinafter referred to as “AQUALUNG AMERICA”)
Email address: email@example.com
Article 1: Purpose and scope
1.1 These general terms and conditions of sale (hereinafter referred to as the “General Terms and Conditions of Sale”) detail the rights and obligations of AQUALUNG AMERICA and its customers who are natural persons acting for private purposes (hereinafter referred to as the “Customer(s)”), in the context of the sale of diving products (hereinafter referred to as the “Products”) through the website accessible at the following URL address www.apeksdiving.com (hereinafter referred to as the “Website").
The Customer confirms to be over the age of legal majority according to the laws of his/her country or holder of parental authorization and to have the legal capacity to enter into a contract and place an order on this Website.
1.2 These General Terms and Conditions of Sale shall exclusively apply to the sale of Products to Customers. These General Terms and Conditions of Sale shall not apply to the sale of Products for professional purposes.
1.3 By placing an order with AQUALUNG AMERICA and ticking the box “I have read and I accept Apeks’ Terms and Conditions of Sale”, the Customer accepts all of these General Terms and Conditions of Sale, of which the Customer acknowledges having perfect knowledge. This ordering as well as all the data which will have been recorded will constitute proof of the transactions carried out between the Customer and AQUALUNG AMERICA.
1.4 The fact that AQUALUNG AMERICA or the Customer does not avail itself, at any given time, of any of the provisions of these General Terms and Conditions of Sale cannot be interpreted as a waiver of the right to avail itself subsequently of any of the said provisions.
1.5 AQUALUNG AMERICA reserves the right to modify these General Terms and Conditions of Sale from time to time. The applicable General Terms and Conditions of Sale will be those in force on the date of the purchase made by the Customer on the Website. Any change made in the applicable General Terms and Conditions of Sale will be notified to the Customer by AQUALUNG AMERICA and the Customer will be asked to accept the new version of these General Terms and Conditions of Sale.
Article 2: Orders
2.1 An order is any purchase order relating to one or more Products appearing on the Website.
The presentation of the Products in our Website does not constitute a legally binding offer, but merely an invitation to place orders. You can select Products for purchase by placing them in the shopping cart via a click on the respective button. Following the Products selection in the shopping cart and the specification of all required order and address data in the subsequent step, you will find a page that summarises the most important Product details including any costs that will be applied. Until this stage, you can correct your input. Only by confirming and accessing payment page, you place a binding order in the meaning of Article 1.
By accessing the payment page in the last step of the order process, you submit a binding offer for purchase of the Products displayed in the order overview. After submitting the order, you will receive an order confirmation. At such point: a legal binding contract will be in place between the Customer and AQUALUNG AMERICA. Please regularly check the spam folder of your mailbox. AQUALUNG AMERICA may cancel an order if the Products are unavailable or if the Customer's payment cannot be authorised.
2.2 Nature of Products
AQUALUNG AMERICA provides Products that are of satisfactory quality, fit for purpose, and match the description, sample or model.
Article 3: Delivery
3.1 Place of delivery
The Products are delivered to the delivery address provided by the Customer during the purchase process on the Website.
3.2 Delivery date
AQUALUNG AMERICA shall deliver the Products on the date or within the timeframe indicated to the Customer during the purchase process and according to the delivery option selected by the Customer.
3.3 Costs of delivery
All delivery costs will be provided to the Customer according to the delivery option selected by the Customer and before confirmation of the purchase. The cost of the delivery of the Products by the carriers appointed by AQUALUNG AMERICA are detailed in the dedicated section of the Website.
Article 4: Return
4.1 In-store and online purchases from an authorized AQUALUNG AMERICA retailer
If the Customer purchased gear through an authorized AQUALUNG AMERICA dealer, the Customer shall return it there in accordance with their return and exchange policy. Please note AQUALUNG AMERICA retailers cannot accept returns of Products purchased from www.apeksdiving.com.
For all items purchased from other online stores than www.apeksdiving.com, please contact them directly for their return policy. If you purchased your gear through an authorized AQUALUNG AMERICA’s dealer, please return it there in accordance with their return and exchange policy. Please note AQUALUNG AMERICA’s Retailers cannot accept returns of Products purchased from www.apeksdiving.com.
4.2 Online Purchases from apeksdiving.com
Products may be returned and the customers expense refund, unless notified otherwise, for any reason withing 30 days of purchase in their original, unworn condition.
Unless otherwise notified, Customer are responsible for all costs associated with the return of Products. The return costs are detailed in the dedicated section of the Website. The Products must not have been used, washed or damaged. The Customer must return the Products properly protected / secured, in their original packaging, in order to avoid any damages during transportation. In addition, the Products must be accompanied by all their accessories, notices and documentation. In the event of damage to the Products, the Customer is responsible for the depreciation of the Products resulting from any handling other than that necessary to establish the nature, characteristics and proper functioning of the Products.
4.3 Return Procedure
Returns must be authorized with a Return Authorization. Items returned without a Return Authorization number may not be properly received.
- Contact Customer Service at firstname.lastname@example.org or call 800-775-3483 to initiate a return. Be sure to include your order number, which can be found in your order confirmation email.
- Customer Service will provide you with a Return Merchandise Authorization (RMA) number. This number helps us quickly track the status of your return.
- Write the RMA number clearly on the outside of your shipping box.
- Ship your return to:
Aqualung America, Inc.
Returns and Exchanges, RMA # __________
2340 Cousteau Court
Vista, CA 92081
- Once your returned order has been received and the Products has been inspected, your return will be approved, and the reimbursement sent out. Please be aware that packages shipped to a different address, without the Return Number clearly on the outside of the package, or shipped Cash on Delivery (COD) will be refused. We will notify you once we have processed your return. Creation of tracking numbers can take up to 24 hours. Please allow up to 10 business days after we receive your return for your refund to be credited. No refunds or adjustments will be made for any of the original shipping costs or handling charges on the initial order.
Article 5: Price
The prices of the Products sold by AQUALUNG AMERICA are those displayed on the Website during the purchase process.
They are calculated including taxes but does not include delivery cost or any applicable custom duties.
The total price payable by the Customer is indicated within the order and within the order confirmation send by email to the Customer.
Article 6: Payment
The Customer is informed that the validation of its order on the Website implies the obligation to pay the indicated price.
Payment can be made by credit card, debit card, PayPal, or AQUALUNG AMERICA voucher.
AQUALUNG AMERICA will immediately send to the Customer the invoice relating to the purchase in electronic format, by email to the address indicated by the Customer.
Article 7: Customer services
The Customer may contact the Customer Services of AQUALUNG AMERICA for any question or problem in relation to the performance of these General Terms and Conditions of Sale he may have. The information about our Customer Service is detailed in the dedicated Section of the Website.
Article 8: Personal data and Cookies
Article 9: Intellectual property
All documents (marketing tools, photographs, catalogues, brochures, drawings, etc.) relating to the Products provided by AQUALUNG AMERICA are the property of the Aqualung Group and are protected by copyright. The Products as such can also be protected by an intellectual property right, property of the Aqualung Group; any identical or similar reproduction of the Products would constitute an infringement and would be liable to prosecution before the courts.
Article 10: Warranties
10.1 Limited Warranty
AQUALUNG AMERICA warrants to the original purchaser for a period of time, specified below for each Product, from the date of purchase that the Product will be free from defects in materials and workmanship, provided that it receives normal use, proper care and prescribed dealer service subject to the limitations listed below. The limited warranty is extended only to the original purchaser for purchases made from an Authorized AQUALUNG AMERICA Dealer and is not transferable. This warranty is limited to repair or replacement only at the discretion of AQUALUNG AMERICA. Warranty coverage does not extend to damages caused by improper use, improper maintenance, neglect, unauthorized repairs, modifications, accidents, fire, casualty or normal wear and aging. Cosmetic damage(s), such as scratches, nicks and fraying are not covered under warranty except when the Product is new, out of the original packaging. This warranty does not extend to equipment used for commercial purpose.
10.2 Warranty by Product Category:
The following warranty apply to each product category except if otherwise mentioned on the user/owner’s manual of the Product.
Limited Lifetime Warranty. This warranty will cover the original owner of the regulator against defects in parts or workmanship for the lifetime of the regulator if the regulator is:
- Purchased from an Authorized AQUALUNG AMERICA Dealer
- Inspected or serviced annually by an Authorized AQUALUNG AMERICA Dealer as outlined in the dedicated section for Free Parts for Life Program in the Website.
Weld/Seam Leaks: Five-Year Limited Warranty *Qualifying Service Records Required
- Zuma and Passport BCDs: Two-Year Limited Warranty
- Hardware (Buckles, Zippers, D-Rings, etc.): Two-Year Limited Warranty
- Two year Limited Warranty on all computers and gauges
- One year Limited Warranty on accessories, consumable parts, included but not limited to cables, hoses and straps.
- Masks, Fins, Snorkels and Knives:
- Two year Limited Warranty
- Boots, Gloves and Wetsuits:
- One year Limited Warranty
- Traveler Bags: Lifetime Warranty
- All Others: Two year Limited Warranty
- Seams and Materials: Three-Year warranty on defects related to workmanship, materials and seams
- Zippers and Valves: One-Year warranty from defects in materials and workmanship
- Seals: Three-Month warranty from defects in material and workmanship
10.3 Warranty Claims
If the Customer is the original owner of an AQUALUNG AMERICA's Product that is determined to be defective in any way, the Customer shall return it to your local Authorized AQUALUNG AMERICA's Dealership. The Customer shall provide its dealer with photocopies of its original sales receipt along with any service records the Customer may have. If the Customer's local dealer determines that the Customer has a valid warranty issue and they are unable to take care of it in their place of business, the local dealer will send it back to AQUALUNG AMERICA for evaluation. If the Customer needs assistance locating an authorized AQUALUNG AMERICA's Dealer in its neighborhood, the Customer shall use the dealer locator in the dedicated section of the Website.
10.4 Unauthorized Dealer Warning
If the Customer obtain AQUALUNG AMERICA's Products from an unauthorized dealer, its warranty will not be valid, and AQUALUNG AMERICA's cannot offer the Customer the assurances of quality and satisfaction afforded by the AQUALUNG AMERICA's Warranty Program. To verify whether or not a retailer is an authorized AQUALUNG AMERICA's Dealer, the Customer shall check our dealer locator in the dedicated section of the Website.
Article 11: Safety of Products
AQUALUNG AMERICA is subject to a general obligation to ensure the safety of the Products. Safety details of the Product are detailed in the description of each Product available on the Website.
Article 12: Customer reviews
The Customer has the possibility to display reviews on the Website in relation to the Products. AQUALUNG AMERICA will not grant any benefit, gift or advantage of any kind to the Customer for providing their reviews on the Website.
By posting a review on the Website the Customer acknowledges that this review becomes public and grants AQUALUNG AMERICA the right to use the name(s) provided with the review and to use, store, publish, translate and display the content of the review, on any support, for commercial purposes worldwide for a period of five (5) years.
The reviews of the Customer will remain displayed on the Website and kept by AQUALUNG AMERICA for five (5) years.
AQUALUNG AMERICA controls the content of the reviews published on the Website by requesting the Customer to provide its first name, its last name and the date of purchase. Customers will not have the possibility to contact the Customer who has published reviews on the Website.
AQUALUNG AMERICA will not amend the content of the reviews of the Customer published on the Website for any reason whatsoever but the reviews will be automatically translated to be displayed on all AQUALUNG AMERICA's websites in the correct language.
AQUALUNG AMERICA may refuse to publish or is authorized to delete reviews on the Website if (i) the Customer has not purchased the Product on the Website, (ii) a review contains offensive, disrespectful or illegal content, (iii) the email address of the Customer is not valid, (iv) the Product is no longer offered on AQUALUNG AMERICA's Website, (v) the Product has been modified such that the review is no longer relevant for the Product. The decision to publish a review is at the complete discretion of AQUALUNG AMERICA.
AQUALUNG AMERICA declines all responsibility for the content written by Customers as well as for any request from third parties relating to the content of the reviews published.
Article 13: Governing law and jurisdiction
These General Terms and Conditions of Sale are governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. The Customer irrevocably consents to the exclusive jurisdiction of the federal and state courts located in Columbus, Ohio for purposes of any legal action arising out of or related to these General Terms and Conditions of Sale or use of the Website.
Article 14: Agreement to Arbitrate
Any civil action, claim, dispute or proceeding arising out of or relating to access to or use of the Website will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of access to or use of the Website, and to arbitrate any part of these Terms, including any claim that all or any part of this section or these General Terms and Conditions of Use is void or voidable.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Franklin County, Ohio under the AAA's rules and procedures, as modified by this section. The AAA's rules are available at www.adr.org . A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org.
You and AQUALUNG AMERICA will select the arbitrator, and if you and AQUALUNG AMERICA are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving others Customers, but is bound by rulings in prior arbitrations involving the same Customer to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon the Customer and AQUALUNG AMERICA and the Customer's and AQUALUNG AMERICA's respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Franklin County, Ohio.