Terms&Conditions

Website Terms and Conditions

Ownership

This website (the “Website”) is the website of CHUCS Limited (registered company 07264615) (“CHUCS Limited”, “we”, “us”), whose registered office is Top Floor, 35 Heddon Street, London W1B 4BR. Our trading address is 31 Dover Street, London W1S 4ND.
Vat number – 996788323. Email – info@chucsdiveshop.com

LEGAL AGREEMENT

These terms (together with the documents they refer to) tell you:

the terms on which you may use the Website; and
the terms on which we supply to you any of the products (“Products”) listed on the Website.

By entering the Website and/or any page accessible on this site, and/or by purchasing Products from CHUCS Limited through the Website, or dealing with CHUCS Limited in any way through the Website, you accept, without limitation or qualification, the terms and conditions set out below (the “Terms”) and acknowledge that you are bound by the Terms.

If you do not wish to be bound by the Terms you should not access or use the Website. If you have difficulty in understanding these Terms or have any queries, please contact info@chucsdiveshop.com.

CHUCS Limited may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.

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TERMS AND CONDITIONS RELATING TO SALES OF PRODUCTS

Information that we are required to give you:

A description of the main characteristics of the Products contained on the Website and will also be contained in our Acceptance, described below.
The price of Products (including delivery and packaging charges) and arrangements for payment as described in these Terms.
The arrangements for delivery of Products are as shown here:
You have a right of cancellation as set out in these Terms.
The language of the contract will be English.

Contract

You shall indicate by completing the appropriate order form on the Website the products (“Products”) that you wish to order. At the same time you shall complete an authorisation for us to recover, through your credit or debit card, payments due to us.

Your order shall constitute an offer to us to purchase the Products specified in the order. We may accept or decline the order. If we acknowledge your order that shall not constitute an acceptance of it. If we accept the order we shall notify you of our acceptance (“Acceptance”) by email, and we shall confirm the price and any other information we deem necessary for your purchase. In our Acceptance we will notify you of the identifying number (“Identifying Number”) for your order which you will be required to quote in any subsequent communications. No contract will be formed between us until we have notified you of our Acceptance and you have paid for the Products and any applicable charges in full.

CHUCS Limited reserves the right in its discretion to decline to accept any order and/or to supply Products to any individual or company. If we decline to accept, or cancel, an order for which we have received payment, we shall refund the payment, but shall have no further or other liabilities.

If you have any difficulty completing any order online please telephone +44 (0)207 734 6402.

Entire Agreement

These Terms constitute the entire understanding between you and CHUCS Limited in relation to any Products ordered and supplied through the Website. They supersede any other terms stipulated by you, whether in any order or during negotiations or any course of dealing established between you and us. All descriptions, illustrations and indications or price of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Products. Nothing contained in any such description, illustration or indication of price shall form any part of these Terms.

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Price & Payment

The prices of the Products shall be those specified by CHUCS Limited to you. Prices quoted on the Website are indicative only and are subject to change.

All prices on the Website are inclusive of United Kingdom VAT and packing and exclusive of postage/delivery. A summary of delivery charges and other relevant information can be found at our delivery and shipping information page.

CHUCS Limited is under no obligation to provide any Product to you at an incorrect (lower) price, even after we have sent you an Acceptance, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as being mispriced.

Please note that only the following credit cards are accepted for payment:

Visa (including Delta and Electron);
Mastercard (including Maestro and JCB); and
Switch (including Switch Solo).

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Deliveries, Returns & Refunds Procedure

Our delivery and returns procedure is outlined on our Returns Form found here. Fill out the Returns Form enclosed with your order noting whether you would like an exchange or a refund.

Please note that all refunds and exchanges of Products must be made through this Website. Products may not be returned to our stores. Refunds will not be made by our stores under any circumstances.

We recommend that you send returns by recorded post. Always retain proof of postage.

Please note that refunds bought as presents can only be given to the original payer, and if you decide to exchange an item, we cannot prevent the original payer from being aware of the exchange.

When you return a Product to us, we will examine the returned Product and will notify you of your entitlement to a refund/exchange via e-mail within a reasonable period of time.

We will process any refund due to you within 30 days of the day we received your cancellation. We aim to make refunds using the same method as that used by you to pay for your purchase.

Refunds will be given on the following basis:

where you have validly returned a Product under your right of cancellation described in the Terms, we will refund the full amount paid by you for the Product, including the cost of delivery to you. You will be responsible for returning the Product to us at your own cost;
where you have validly returned a Product which is a substitute product under your right of cancellation, we will refund the full amount paid by you for the Product (including the cost of delivery to you) and reimburse the reasonable cost incurred by you in returning the Product;
where you have validly returned a Product to us because it is defective or for some other reason for which we are responsible, we will refund the full amount paid by you for the Product (including the cost of delivery to you) and reimburse the reasonable cost incurred by you in returning the Product; and
where you have returned a Product in circumstances other than those listed at (i) to (iii) above (which includes rejecting a defective Product more than a reasonable time after receipt), any refund will be at our discretion. If we do agree to provide a refund, we will not refund the cost of delivery to you and we will not reimburse the cost incurred by you in returning the Product.

Nothing in this clause affects your statutory rights pursuant to the provisions headed “Right to Cancel and Returns” below.

In addition to your right to return Products within fourteen days, if you are a consumer (a natural person who, in contracts to which the Consumer (Distance Selling) Regulations 2000 apply, is acting for purposes outside his or her business), you have the right to withdraw from your purchase within seven working days of the date the Product is delivered. All customers who cancel under this statutory “cooling off period” shall be entitled to a full refund. Any customers who would like to cancel an order pursuant to this statutory right should contact our customer services team (see “Customer Services” below for contact details).

Inspection, Delivery Delays and Non-Delivery

You must inspect the Products as soon as is reasonably practicable after delivery. Within fourteen working days of delivery you shall notify CHUCS Limited in detail and in writing of any defect in the Products or of any other complaint that you may have in relation to the Products. If you fail to give notice in accordance with this clause, the Products shall be presumed to be free from any defect and you shall be deemed to have accepted the Products accordingly.

Subject to the conditions set out below, if you establish to our reasonable satisfaction that any Products are not in accordance with these Terms or are defective, your sole remedy shall be limited (as CHUCS Limited may elect) to the replacement of the Products or a refund of the purchase price and any delivery costs or the issue of a store credit note. These remedies are subject to the following conditions:

the claim is made in writing to CHUCS Limited within 14 days of delivery;
the Products or parts to which the claim relates are returned to CHUCS Limited within that period suitably packaged and carriage-paid and, where relevant, in accordance with any particular instructions that we may have notified to you at the time of supply. Returned Products or parts must be accompanied by an advice note stating the Identifying Number and the nature of any claimed defect, together with such further information as CHUCS Limited may at the time of supply have stipulated.

You shall make any queries regarding shortages of Products by reference to the Acceptance:

within seven working days of the date of the Acceptance;
in writing; and
quoting the Identifying Number.

Nothing in this clause affects your statutory rights pursuant to the provisions headed “Right to Cancel and Returns” below.

Passing of Risk and Property

Risk of loss or damage to, and title to, the Products shall pass to you at the time of delivery.

You may also return any Products within fourteen days of receipt for any reason. Further details of your right to cancel are given in the e-mail confirming your order.

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Children

CHUCS Limited does not sell products for purchase by children. If you are under 18, you may use this Website only with the involvement of a parent or guardian.

Customer Services

If you have any comments with regard to the service you have experienced in placing orders on, or using, this Website, please contact us:

Email	info@chucsdiveshop.com
Phone	+44 (0)207 734 6402
Post	CHUCS Dive and Mountain Shop, Top Floor, 35 Heddon Street, W1B 4BR

Please note that orders for Products cannot be placed via Customer Services.

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Liability

CHUCS Limited will be responsible for any losses you suffer as a result of our breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the Website, or if a contract for the sale of goods by us to you was formed. We will not be responsible for any economic or business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or for any indirect or consequential loss that was not reasonably foreseeable to both you and us when you commenced using the Website or when a contract for the sale of goods by us to you was formed. CHUCS Limited does not limit in any way our liability for death or personal injury arising from a negligent act or omission on our part.

Assignability

You may not transfer, assign, charge or otherwise dispose of a contract for the purchase of Products, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge or otherwise dispose of such a contract, or any of our rights or obligations arising under it, at any time during the term of the contract, provided that any such action does not affect the quality of the Products or the service that you would have received from us.

Your Statutory Rights

Nothing in these Terms shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact a solicitor or your local Citizens Advice Bureau or refer to the website of the Office of Fair Trading.

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TERMS AND CONDITIONS RELATING TO USE OF THE WEBSITE

Intellectual Property Rights

The Website, and all the text, information and graphic representations or images on it (“Content”), are owned by, or licensed to CHUCS Limited. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of CHUCS Limited or its licensors.

You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.

Without CHUCS Limited’s prior written consent, you may not use, transfer, copy or reproduce any part of the Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.

You warrant that it is legal for you to view this Website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.

Using the Website

Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide us with any optional information requested.

You agree not to:

impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
use the Website in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse;
publish, post, distribute, disseminate or otherwise transmit defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software;
falsify the true ownership of software or other material or information contained in a file made available via the Website;
obtain or attempt to obtain unauthorised access, through whatever means, to the Website.

No Unlawful or Prohibited Use

You undertake to CHUCS Limited that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.

You agree to indemnify CHUCS Limited, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.

Liability Disclaimer regarding Access to or Use of the Website

These provisions do not deal with liability arising from purchases of Products (for which see the provisions headed “Liability” under the ‘Terms and Conditions relating to sales of Products’ above).

You agree that you use the Website entirely at your own risk.

In preparing this Website, CHUCS Limited has endeavoured to offer current, correct and clearly expressed information. However, CHUCS Limited cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.

CHUCS Limited does not accept any responsibility for any errors or inaccuracies in any advertising material, and is not responsible for and does not endorse the content of any such advertisements.

CHUCS Limited shall not be liable for any damages whatever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of this Website, the provision of or failure to provide services, or for any information obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, or otherwise, without limitation, even if CHUCS Limited has been advised of the possibility of such damage.

If you are dissatisfied with any portion of this Website, or with any of these terms of use, your sole remedy, except as specifically provided in these terms, is to stop using the Website.

Notwithstanding anything in these Terms, CHUCS Limited does not disclaim liability for death or injury caused by its own negligence.

CHUCS Limited reserves the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations. CHUCS Limited reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.

Virus Protection and Compatibility

While certain precautions have been taken to detect computer viruses and ensure security, CHUCS Limited can not guarantee that the Website is virus-free and secure.

CHUCS Limited shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. CHUCS Limited does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.

Links to Third Party Sites

This Website contains links to websites operated by parties other than CHUCS Limited (“Third Party Websites”). These links are provided for your convenience. When you activate one of them, you will leave the Website. CHUCS Limited has no control over, and will accept no responsibility for or liability in respect of, material on any website that is not under its control.

The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.

You will not arrange for any Third Party Website to be connected to any part of the Website by way of hyperlink or otherwise without CHUCS Limited’s written consent.

Termination of Use

CHUCS Limited may restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:

there is a regulatory or statutory change limiting the ability to provide access to the Website;
there is any event beyond the reasonable control of CHUCS Limited preventing CHUCS Limited from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures);
CHUCS Limited considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.

Monitoring

CHUCS Limited reserves the right to monitor and track your visits to the Website.

General

A failure or delay by CHUCS Limited in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.

None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.

Any rights not expressly granted in these Terms are reserved to CHUCS Limited.

If CHUCS Limited is hindered or prevented from performing its obligations under these Terms for any cause beyond its reasonable control (including but not limited to acts or omissions of providers of telecommunications services or faults in or failures of their networks or equipment) or by reason of its inability to procure services, materials or articles required for the performance of the contract except at prices higher than those applicable at the date of your order, CHUCS Limited may at its sole option delay the performance of, or cancel the whole or any part of the contract. In that event, CHUCS Limited shall not be responsible for its delay or cancellation or any inability to deliver or perform its obligations.

If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

These Terms constitute the entire agreement between you and CHUCS Limited as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.

English law governs these terms and conditions. You submit to the exclusive jurisdiction of the courts of England and Wales.

Copyright and Trademark notices

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PRIVACY POLICY

CHUCS Limited (“we” and “us”) is committed to protecting your privacy. This Privacy Policy explains how we use the information we collect about you to process orders and to provide an improved shopping experience, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy.

You can visit the Website without disclosing any personally identifiable information about yourself.

This notice should be read in conjunction with the Terms and Conditions of use for www.chucsdiveshop.com (the “Website”) of which it forms part (the “Terms”).

By using this Website or submitting information to us through or in connection with this Website, you signify your consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, you must not use this Website or submit information to us through or in connection with this Website.

We will use, store or otherwise process any personal information that relates to and identifies you, including but not limited to your name, postal address (for billing and delivery), e-mail address, telephone number, your credit or debit card number and expiry date and any other information collected on registration with the Website, on placing an order and through surveys to the extent reasonably necessary to provide the products and services that are available through our Website to you by us.

We process this information for the purpose of:

dealing with your inquiries and orders;
providing and personalising our products and services;
administering account records;
processing your payment;
maintaining information as a reference tool or general resource; and
carrying out market research campaigns.

We also gather this information and statistics for the purposes of monitoring Website usage and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify you.

You may from time to time wish us to provide you with information about our Website or any other service or products which we think may be of interest to you. Please contact us if you wish to receive information about our products and services.

Alternatively, you may ask us to provide you with information about our products and services by sending us an e-mail at info@chucsdiveshop.com. , calling us on 0207 734 6402 or writing to us at the following address: CHUCS Dive and Mountain Shop 31 Dover Street London W1S 4ND

If you stop using the Website or your permission to use the Website is terminated, we may continue to use and disclose your personal information in accordance with this Privacy Policy (as amended from time to time) and as permitted by law. However, if you wish us to stop e-mailing you with information in connection with the Website, please send your request to unsubscribe@chucsdiveshop.com.

Information security

The Internet is not a secure medium. However, we have put in place various security procedures to protect the personal data that we have under our control from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss. All your card details are passed from your browser to WorldPay using secure server software (ssl) encryption. WorldPay use secure server software (ssl) encryption systems. Your user account area is protected by your user name and password, which you should never divulge to anyone else.

Please be aware that communications over the Internet, such as emails/webmails are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the World Wide Web/Internet. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.

All of our employees and data processors that have access to, and are associated with, the processing of your personal information are obliged to respect the confidentiality of our visitors’ information.

We ensure that your information will not be disclosed to government institutions or authorities except if required by law or when requested to by regulatory bodies or law enforcement organisations.

To whom will your information be disclosed?

Your information may, for the purposes set out in this Privacy Policy, be disclosed for processing to:

our employees;
our affiliates;
our group companies and their employees;
successors in title to our business;
third party consultants, contractors or other service providers who may access your personal information when providing services (including but not limited to IT support services) to us;
government bodies and law enforcement agencies and in response to other legal and regulatory requests;
auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes,
in any jurisdiction where we operate.

Your rights in relation to your information

You can write to us at any time to obtain a copy of your information and to have any inaccuracies corrected. Where appropriate, you may have your personal information erased, rectified, amended or completed. Please write to CHUCS Dive and Mountain Shop 31 Dover Street London W1S 4ND.

Please quote your name and address. We should be grateful if you would also provide brief details of the information of which you would like a copy or which you would like to be corrected (this helps us to more readily locate your data).

We will require proof of your identity before providing you with details of any personal information we may hold about you. We will charge £10 to cover the administration costs involved in providing you with a copy of your information.

Cookies

Pieces of information transferred to your computer’s hard disk from a website are known as cookies. They allow our Website to store information about your browsing patterns, making the Website more useful to you. Many major sites use cookies: in fact, they are commonly used throughout the Internet to offer personalised services. Most browsers are automatically set to accept cookies. Each time you use our Website, the cookie is accessed. This way, we can track the features you use and the pages and content that you view on the Website to help personalise your experience. If you choose, the use of a cookie also lets you automatically log-in to the Website so that you do not have to re-enter your email and/or password each time you visit.

You may disable cookie support on your browser but be aware that by doing so, you will lose certain features that require a cookie to work properly. We may use the information collected by the cookie to provide us with various statistics without identifying any individual.

Please contact us at info@chucsdiveshop.com if you require information about disabling any cookies on the Website or, for more information generally about cookies go to www.allaboutcookies.org

Your consent

By submitting any personal information (including, without limitation, your payment and contact/delivery details) to us you consent to the use of information as set out in this policy. We reserve the right to amend or modify this Privacy Policy and if we do so we will post the changes on this page. It is your responsibility to check the Privacy Policy every time you submit information to us or place an order. Use will signify that you agree to any such changes.

Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area. Countries outside of the EEA may not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try and protect the security of your information.

The Data Protection Act 1998

CHUCS Limited is registered as a Data Controller under the terms of the Data Protection Act 1998 and we ensure we comply with all the protection the Act affords to you. Our registration number is Z870727X.

Use of your personal information submitted to other websites

We are not responsible for the privacy policies and practices of other websites even if you accessed the third party website using links from our Website.

We recommend that you check the policy of each website you visit and contact the owner or operator of such website if you have concerns or questions.

Further information

For further information from us on data protection and privacy or any requests concerning your personal information please write to CHUCS Dive and Mountain Shop 31 Dover Street London W1S 4ND or email us at info@chucsdiveshop.com

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