1.1. “Website”, “Web Store” – “www.freedivershop.com”.
1.2. “Store management”, “store owner”, “website operator” - "APNEA", Sole Proprietorship, Authorized Dealer, VAT: 303-801-153
1.3. “Visitor” – any person using the website in any way or form, weather if in order to make a purchase/order or otherwise.
1.4. “Customer” – any visitor to the website who has placed an order, weather if he or she has received his or her ordered item(s) or otherwise.
3. Use of the web store
3.1. 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.
3.2. The web store is intended for personal, retail and wholesale use.
3.3. Receipt of the item(s) ordered through the web store is conditioned by the approval of the credit companies.
3.4. The web store is designated for international, worldwide sales.
4. Method of purchase
4.1. Purchase of products/services on the web store will be made by a credit card issued by one of the credit companies or PayPal.
4.2. After selecting a product/service, the visitor will be asked to submit various personal details related to the purchase process.
4.3. 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.
4.4. 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.
4.5. 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.
4.6. All goods remain the property of the web store until payment is made in full.
4.7. 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.
4.8. The store management reserves the right to refuse to supply goods.
5. Inability to complete purchase due to technical reasons
5.1. 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.
5.2. 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.
6. Security & Privacy
6.2. 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.
7. Receipt of goods
7.1. 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.
7.2. The shipping process will be initiated upon approval from the credit company for the payment.
7.3. 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.
7.4. 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.
7.5. Shipping costs may vary depending on the weight of the ordered item(s) and the shipping destination and are automatically calculated during checkout.
7.6. 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.
7.7. 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 products and Elios wetsuits) and up to 28 additional business days for delivery.
7.8. 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.
7.9. 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.
7.10. 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. 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 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.
8. Products listed on the web store
8.1. There are hundreds of products listed for sale on the website. These products are divided into categories, for customer convenience only.
8.2. The product images on the website are for illustration purposes only however the description on the product pages matched the item description completely.
8.3. 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.
9. Product prices on the web store
9.1. All product prices displayed on the web store are excluding taxes.
9.2. Additional fees and taxes for the ordered items may apply in accordance to the local law and customs regulations at the customer shipment destination.
9.3. 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.
10. Returns, Cancellation, Repairs & Refunds
10.1. 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.
10.2. The products listed on the website are not sold on trial basis and are not interchangeable.
10.3. 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. 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.
10.4. 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.
10.5. Claims for wrong 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.
10.6. The customer is responsible for ensuring safe delivery and delivery costs of any returned item.
10.7. 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.
11.1. The store management reserves the right to amend these terms and conditions at any time and without prior notice.
11.2. 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.
11.3. 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.
11.4. 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.
What we collect
We may collect the following information:
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
For the exhaustive list of cookies we collect see the List of cookies we collect section.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please email us at email@example.com.
If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
The table below lists the cookies we collect and what information they store.
|COOKIE name||COOKIE Description|
|CART||The association with your shopping cart.|
|CATEGORY_INFO||Stores the category info on the page, that allows to display pages more quickly.|
|COMPARE||The items that you have in the Compare Products list.|
|CURRENCY||Your preferred currency|
|CUSTOMER||An encrypted version of your customer id with the store.|
|CUSTOMER_AUTH||An indicator if you are currently logged into the store.|
|CUSTOMER_INFO||An encrypted version of the customer group you belong to.|
|CUSTOMER_SEGMENT_IDS||Stores the Customer Segment ID|
|EXTERNAL_NO_CACHE||A flag, which indicates whether caching is disabled or not.|
|FRONTEND||You sesssion ID on the server.|
|GUEST-VIEW||Allows guests to edit their orders.|
|LAST_CATEGORY||The last category you visited.|
|LAST_PRODUCT||The most recent product you have viewed.|
|NEWMESSAGE||Indicates whether a new message has been received.|
|NO_CACHE||Indicates whether it is allowed to use cache.|
|PERSISTENT_SHOPPING_CART||A link to information about your cart and viewing history if you have asked the site.|
|POLL||The ID of any polls you have recently voted in.|
|POLLN||Information on what polls you have voted on.|
|RECENTLYCOMPARED||The items that you have recently compared.|
|STF||Information on products you have emailed to friends.|
|STORE||The store view or language you have selected.|
|VIEWED_PRODUCT_IDS||The products that you have recently viewed.|
|WISHLIST||An encrypted list of products added to your Wishlist.|
|WISHLIST_CNT||The number of items in your Wishlist.|