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Terms of Sale & Service

Effective date: February 27, 2019

Freediver Shop ("APNEA", "us", "we", or "our") operates the www.freedivershop.com website (hereinafter referred to as the "Service", “Website” or “Web Store”).

This page informs you of our policies regarding the ordering process and use of our web store. By using the Service, including but not limited to placement of an order and purchase, you agree to the herein terms of sale and service as they appear in this terms of sale and service agreement.

Table of Contents

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1. Definitions

1.1. "Service", “Website” or “Web Store” - the www.freedivershop.com website operated by Freediver Shop.

1.2. “Store management”, “store owner” or “website operator”  - Freediver Shop, APNEA, Sole Proprietorship, Authorized Dealer, VAT: 303-801-153

1.3. “Visitor” - any person using the website in any way or form, whether if in order to make a purchase/order or otherwise.

1.4. “Customer” - any visitor to the website who has placed an order, whether if he or she have received their ordered item(s) or otherwise.


2. Use of the web store

2.1. The web store may be used by anyone who is over 18 years of age and holds a credit card issued by one of the following companies (hereinafter “credit companies”): Visa, MasterCard, American Express.

2.2. The web store is intended for personal, retail and wholesale use.

2.3. Receipt of the item(s) ordered through the web store is conditioned by the approval of the credit companies.

2.4. The web store is designated for international, worldwide sales.


3. Method of purchase

3.1. Purchase of products/services on the web store will be made by a credit card issued by one of the credit companies or PayPal.

3.2. After selecting a product/service, the visitor will be asked to submit various personal details related to the purchase process.

3.3. Submission of false personal details is a felony and the store owner may resolve to criminal and/or malicious prosecution against any visitor who submits false personal details. The store owner reserves the right to cancel an order due to a submission of false and/or incorrect and/or incomplete personal details.

3.4. Even though the visitor is not legally required to disclose any personal information, the store management will not be able to process an order of a visitor who fails to submit correct and accurate personal details.

3.5. The availability of all products and services on the web store may change at any time and without prior notice. In case of inability to supply the ordered item(s), the store management will offer an alternative to the originally ordered item(s) or issue a full refund to the customer.

3.6. All goods remain the property of the web store until payment is made in full.

3.7. Payment will be debited from the customers account before the dispatch of the order. Order payment may be debited in a different currency than the currency used when the customer checks out with an order on the website and additional currency conversion fees may be applied to the customers account. The store management will take all reasonable care, in so far as it is within its power to do so, to keep the details of the customers order and payment secure, but in the absence of negligence on the part of the store operator, the store management cannot be held liable for any loss the customer may suffer if a third party procures unauthorised access to any data provide by the customer when accessing or ordering from the web store.

3.8. The store management reserves the right to refuse to supply goods.


4. Inability to complete purchase due to technical reasons

4.1. Inability to complete an order/purchase process may occur due to technical reasons which are not under the control of the store management such as power surges, faulty visitor computer, network communication problems etc. In such a case the store management will charge the customer only for the items for which the order/purchase process was fully completed.

4.2. The store management will not be held legally accountable to any illegal activity conducted by the website visitors or any other party which is not under the complete control of the store management.


5. Security & Privacy

5.1. Visitor privacy and security are conducted as stated in our privacy policy.

5.2. The store management may send customers a confirmation email for their order, additionally the store management may send customers emails including various commercial information, information about special discounts on the web store etc.


6. Receipt of goods

6.1. Upon the customers placement of an order a confirmation email will be sent to the email address supplied by the customer including the costs of the ordered item(s), shipment and order number.

6.2. The shipping process will be initiated upon approval from the credit company for the payment.

6.3. Delivery delays may occur because of reasons related to the shipping company and/or customs control and/or other reasons that are not under the control of the store management. The store management will not be held accountable for delayed delivery of the ordered item(s) for such reasons.

6.4. Delivery of goods is made by two main methods: the first is shipment by Registered Priority Airmail (with tracking), in which case the ordered item(s) will be delivered at the nearest post office to the customers shipping address, the second is shipment by courier (EMS, DHL  etc.) in which case the ordered item(s) will be delivered directly at the customers shipping address.

6.5. Shipping costs may vary depending on the weight of the ordered item(s) and the shipping destination and are automatically calculated during checkout.

6.6. An email update with tracking information for the shipment will be sent to the customer once available. The tracking information will also be available to the customer by logging into his account on the web store.

6.7. Some of the products offered on the web store are custom made and/or hand crafted and need to be fabricated after the customer has placed the order. While we do our best to provide the customer with the ordered item(s) as quickly as possible and most orders are shipped within 2-3 business days, orders may require up to 21 business days for processing (up to 60 business days for WaterWay, Alemanni, BlackTech products and Elios wetsuits) and up to 28 additional business days for delivery.

6.8. The store management requests the customer to supply his or her full name and address in order to provide efficient after-sales service to the customer but WILL NOT pass this information to ANY third parties.

6.9. It is the customers responsibility to supply the store management with correct and accurate shipping address and details when checking out with an order. Any orders that are returned to the web store due to incorrect shipping address or single/multiple failed delivery attempts for any other reason will involve additional return and re-shipping fees and the customer will not be entitled to a full or a partial refund.

6.10. Depending on the customer location, the ordered item(s) may be delivered directly at the customers address or arrive at the customers local post office for the customer to pick up, a notice will normally be left at the customers address, notifying  the customer of the arrival of his/her parcel. Please note; international parcels are normally kept at the local post office for a time period of approx. 14 days after which they are sent back to the sender, involving return fees for the original sender or declared as abandoned. It is the customers responsibility to track his/her shipment using the tracking information supplied by the store management and the collection of the shipment from the customers local post office. Any orders that are returned to the web store or are abandoned due to failure to collect the order from the customers local post office for any reason will involve additional return and re-shipping fees and the customer will not be entitled to a full or a partial refund.


7. Products listed on the web store

7.1. There are hundreds of products listed for sale on the website. These products are divided into categories, for customer convenience only.

7.2. The product images on the website are for illustration purposes only however the description on the product pages matches the item description completely.

7.3. The web store management is not responsible, directly or indirectly, for the quality of the products listed on the website, method and duration of delivery and the manufacturer warranty for the product(s). Nevertheless, in case of any issue with the ordered product(s), the store management will make all efforts to mediate between the customer to the supplier/manufacturer of the ordered products(s) in order to resolve the issue.


8. Product prices on the web store

8.1. All product prices displayed on the web store are excluding taxes.

8.2. Additional fees and taxes for the ordered items may apply in accordance to the local law and customs regulations at the customer's designated delivery destination. The customer is responsible for payment of any additional fees and taxes.

8.3. The store management strives to supply the customer with the lowest price possible for the products listed on the web store and may cancel any order due to a pricing mistake which does not reflect the actual value of the ordered item(s) as a result of a fault on the web store during product price update or any other reason.


9. Returns, Cancellation, Repairs & Refunds

9.1. The store management reserves the right to cancel any order in case of a fundamental communication problem or any other technical issue which interfered with the proper process of purchase, in which case and email update will be sent to the customer.

9.2. The products listed on the website are not sold on trial basis and are not interchangeable.

9.3. Due to the nature of the products listed on the web store, cancellation and full refund of an order can only be made within the initial 24 hours after the order was placed and only in case it was not yet processed and handed to our carrier. Cancellation of an order will not be possible after this time frame and the customer will not be entitled to a full or a partial refund.

9.4. The customer will not be entitled to a full or a partial refund in any case of misuse and consequent damage to any item(s) ordered from the web store.

9.5. Claims for wrong item, missing item, shipping damage, non-functionality or manufacturing defects must be made by the customer within seven days of receipt. The claim must include a detailed description of the issue with the item(s) together with clear photographs of the original packaging with the original shipping label clearly visible and photographs of the item(s) portraying the described damage or defect. Manufacturer / shipping damage warranty does not apply to hard fin boxes and they will not be replaced in case of damage during shipping.

9.6. The customer is responsible for ensuring safe delivery and delivery costs of any returned item.

9.7. In case that the customer requires a change / repair for any item (change of foot pocket size, strap adjustments etc.) It is the customers responsibility to ensure safe delivery and round-trip delivery costs for the item(s) returned for repair. Furthermore, it is the customers responsibility to mark the returned item(s) as "returned for repair" with his or her local post / courier service. The customer will be charged for any additional taxes and fees resulting from improperly marking a shipment of an item returned for repair/replacement as such.


10. General

10.1. The store management reserves the right to amend these terms and conditions at any time and without prior notice.

10.2. The store management reserves the right to shut down the website and/or cancel any order including in cases where illegal activity was conducted by a visitor/customer on the website or due to any damages to the website due to technical issues.

10.3. The information presented on the website may contain inaccuracies from time to time including product prices or typing mistakes. The store management reserves the right to make changes to the information presented on the website from time to time without prior notice. The store management cannot guarantee that information which is presented on the website at a certain time will continue to be available in the future.

10.4. Various information pages and articles regarding the products listed on the website are included in the website for the convenience of the website visitors. All information pages and articles available on the website are supplied as recommendations only by their authors. The store management will not be held accountable to any damages that may occur as a result from following the information on these pages.