Terms & Conditions

Welcome to Dive Spear and Sport. The website www.divespearandsport.com.au, www.dss1770.com.au, and www.dssnb.com.au, along with their subdomains and associated features and mobile applications (“Site"), is operated by Dive Spear and Sport Pty Ltd (ABN 33 608 629 518) (“Dive Spear and Sport”, "we", "our", "us").
These Terms and Conditions (“Terms”) incorporate our Privacy Policy and other documents referenced within, and govern the supply of any products ordered by you on the Site, as well as your use of the Site. By browsing, accessing, or using the Site, or by placing an order (“Order”), you agree to be legally bound by these Terms. We may modify these Terms at any time, and the updated version will be available on our Site. Continued use of the Site indicates your acceptance of the revised Terms.

  1. ACCESS AND USE OF THE SITE

1.1 You must use the Site in compliance with these Terms and any applicable laws.
1.2 You must not (nor attempt to):
(a) interfere with or disrupt the Site, or the servers or networks hosting the Site;
(b) use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Site; or
(c) interfere with security-related features or other features of the Site.
1.3 To access certain features of the Site, you will need to create an Account with us. In doing so, you must provide accurate and up-to-date personal information, including your name, address, and a valid email address. You are limited to one Account and must be at least 13 years of age to create one.
1.4 To place Orders using an Account, you must be at least 18 years old and legally capable of entering into a binding agreement with us. If you are under 18, you may only place an Order with parental or guardian involvement, as we do not sell products for purchase by minors.
1.5 To the extent allowed by law, you are solely responsible for any activities that occur under your Account (including any Orders placed). You must ensure the security of your Account password. We are not liable for unauthorized account activity resulting from your failure to maintain the confidentiality of your login details. We reserve the right to report any fraudulent, abusive, or illegal activity to relevant authorities.
1.6 We do not guarantee the Site's continuous availability or that it will operate without disruptions. We make no warranties concerning the content of any external website linked to or from our Site.
1.7 You may not link to our Site or any part of it in a manner that damages or exploits our reputation, including but not limited to:
(a) suggesting any association, affiliation, or endorsement by us without our permission; or
(b) doing so in an illegal or unfair manner.

  1. INFORMATION ON THIS SITE

2.1 The Site and its content are protected by copyright, trademarks, and other intellectual property rights. These rights are owned by or licensed to Dive Spear and Sport Pty Ltd.
2.2 You may not reproduce, transmit, communicate, adapt, distribute, sell, modify, or publish any material on the Site, including audio and video content, without our prior written consent, unless otherwise permitted by law.
2.3 Information about products on the Site is based on data provided by third-party merchants, suppliers, or manufacturers. Except where required by law (including the Australian Consumer Law), we are not responsible for inaccuracies or errors resulting from incorrect information supplied by these third parties.
2.4 Due to limitations in photography and screen display, some actual products may slightly differ in appearance (e.g., color) from how they appear on the Site. Additionally, some product images are created or selected for promotional purposes and may not be an exact representation of the actual products delivered.

  1. ORDER AND FORMATION OF CONTRACT

3.1 When placing an Order, you must follow the instructions provided on the Site for making and modifying your Order before submission.
3.2 Once you choose a product, regardless of any previous price you may have seen or heard, you will be shown or told (on the Site) the final price, which includes Goods and Services Tax (“GST”) and any other applicable fees, such as delivery charges (“Delivery Fees”). All charges are stated in Australian dollars unless specified otherwise.
3.3 You must pay for your Order in full at the time of submission using one of the accepted payment methods on the Site. You must be authorized to use the payment method chosen, and it must have sufficient funds or credit to cover the transaction. We are not responsible for the decisions made by payment providers or their availability to you. If one service is not available, you should use an alternative valid payment method.
3.4 By submitting an Order, you authorize us to perform credit and security checks before accepting your Order. This may include transmitting or receiving information from third parties (e.g., credit card validation, initial credit card authorization, loss prevention, and anti-fraud measures).
3.5 If you notice an error in your Order after submission, please contact us immediately. However, we cannot guarantee that we will be able to modify the Order per your request, and additional fees may apply.
3.6 Upon placing an Order, you will receive an email confirmation acknowledging receipt of your Order, but this does not mean your Order has been accepted. A contract for the purchase of goods (“Contract”) will not be formed until we send you a shipping confirmation email. We reserve the right to refuse any Order, including but not limited to:
(a) unavailability of stock (in which case we may ask you to resubmit your Order or offer an alternative product);
(b) suspicion of resale to other consumers;
(c) suspicion of fraudulent or credit card-related fraud;
(d) errors in imagery, pricing, or product description on the Site; or
(e) incorrect inclusion of an item in a sale or promotion.
3.7 Until we accept your Order, we reserve the right to cancel it. If you or we cancel the Order before acceptance, we will promptly refund any payments to the original payment method. We will not alter the Terms applied to an accepted Order; the Terms at the time of placing the Order will apply.

  1. DELIVERY

4.1 We aim to deliver products to the address you provide ("Delivery") within the estimated timeframe given at the time of your Order. However, we cannot guarantee specific delivery dates or times.
4.2 If we anticipate a delay in delivery, we will do our best to notify you. To the extent allowed by law, we are not liable for any losses, costs, or damages caused by late or delayed delivery.
4.3 We will attempt to deliver the Order to the address provided at purchase. You must ensure you are available to accept delivery. Our delivery partners may contact you via SMS to provide delivery options, including authority to leave the product or reroute it to a collection point. Alternatively, the courier may leave a card requesting further instructions for re-delivery or collection.
4.4 By default, you authorize us to leave the item at your provided address. If the driver deems the location unsafe, the package will be redirected to a collection point, scheduled for redelivery (if available), or returned to our Fulfilment Centre. If you unreasonably refuse delivery or fail to collect the product within two weeks of the first delivery attempt, we may:
(a) charge reasonable storage fees and costs incurred by us; or
(b) cancel the Contract and refund your payment, minus reasonable administration charges for attempted delivery and storage.
4.5 We may not be able to deliver to certain locations, and different delivery options may apply depending on the location. If we are unable to deliver to your location, we will inform you and arrange for cancellation or delivery to an alternate address.
4.6 Risk in the product passes to you upon delivery. If delivery is delayed, risk passes when delivery would have taken place. From the point risk passes to you, we are not liable for the loss or damage to the product.
4.7 You must take care when opening the product to avoid damage, especially when using sharp instruments.

  1. CANCELLATION

5.1 We may terminate a Contract if the product is unavailable. If so, we will notify you and refund any payments made using the original payment method. If the refund transaction fails, we will arrange an alternative method to process the refund.
5.2 If you wish to cancel an Order, please contact us via the provided email address. Once an Order is processed, it cannot be canceled, and the item must be returned according to the returns policy.

  1. FAULTY PRODUCT RETURNS

6.1 We strive to provide products of the highest quality. If you receive a defective product, please contact us immediately for assistance with the returns process. You may be asked to provide images or further information to help with our assessment.
6.2 If the product is found to be defective, we will either replace or repair it (if possible). If repair or replacement is not feasible, we will refund the product price to your original payment method. If the product is not defective, out of warranty, or not covered by Australian Consumer Law, we will contact you to decide whether to return the product to you at your expense or dispose of it.
6.3 A product is not considered defective if, in our reasonable opinion, it has become of unacceptable quality due to fair wear and tear, misuse, improper use, or failure to follow the manufacturer’s instructions.

  1. CHANGE OF MIND RETURNS

7.1 In addition to your rights regarding faulty products (as described in clause 6), and subject to the restrictions in 7.2, you may return any product if: (a) The return is initiated in writing to us and is postmarked within 30 days of receiving the order confirmation email. (b) The product is unworn, unused, and in a saleable condition with the original tags or protective seals still attached. (c) It is in its original packaging, and the packaging is in its original condition. (d) The product is not excluded from the change of mind returns policy, such as 'Sale' items or items excluded for hygiene reasons (as noted on the product page or at checkout).

7.2 Products sealed for hygiene reasons can only be returned if the seal is intact (unless deemed faulty or protected by Australian Consumer Law).

7.3 Once your return is received and inspected, we will inform you of the next steps. If the return complies with clause 7.1, we will: (a) Refund the product price to your original payment method. (b) Provide you with store credit worth 100% of the product price. If you used store credit or gift cards for the purchase, we will reinstate the original amount of store credit. (c) Exchange the product for another size, subject to availability.

7.4 Delivery fees paid for shipping the product to you will not be refunded. Packaging costs for sending the product back will also not be refunded. If the return does not comply with clause 7.1, we will contact you to arrange for the product to be shipped back to you, and you will be liable for the shipping costs.

7.5 Our flexible change of mind returns policy aims to simplify your shopping experience. However, we monitor return rates and values for fraud, abuse, and security purposes. We reserve the right to refuse future orders if elevated return activity is detected.

7.6 Nothing in this clause limits your rights regarding faulty products under clause 6 or your statutory consumer rights under Australian Consumer Law.

7.7 If you accidentally return incorrect items, such as products from other companies or personal belongings, we accept no liability and may not be able to recover or return these items. If we are able to locate the items and you request their return, it will be at your cost.

  1. FAIR USE POLICY

8.1 We monitor returns and the frequency of customer claims regarding lost, missing, or damaged items to detect potential fraud, abuse, or unusual activity. If we notice excessive or abnormal return volumes or claims, we reserve the right to take action, including withholding refunds, investigating claims, setting return limits, or restricting or deactivating your account if we suspect fraudulent or suspicious behavior.

8.2 Examples of fraudulent or suspicious behavior include, but are not limited to: (a) High frequency or unusually large amounts of returns, multiple claims of orders not received, or repeated reports of missing items. (b) Continual violations of our returns or refund policies. (c) Having an account that has previously been flagged for fraudulent behavior or excessive returns.

8.3 If your account is limited or deactivated and you wish to make a legitimate return, please follow the instructions in the email sent to you or contact our Customer Service Team. You will be responsible for the shipping costs for any returns, which will be processed as usual once received.

8.4 This policy does not limit your rights under clause 7 concerning faulty product returns or your consumer rights under Australian Consumer Law.

  1. VOUCHERS, GIFT CARDS, AND STORE CREDIT

9.1 Vouchers, promo codes, and gift cards can be used as payment for eligible products on our website. Vouchers are available electronically, and only one voucher or promo code can be used per order. Multiple gift cards can be applied to a single order. Vouchers and gift cards will be emailed to you or your chosen recipient, and we are not responsible for any errors in the provided email address. You are responsible for keeping your vouchers and gift cards safe—think of them like cash. We are not liable for lost, stolen, or misused vouchers or gift cards, including instances of unauthorized use. We also monitor voucher and gift card usage for fraud or other suspicious activity and reserve the right to block your account if we detect such issues.

9.2 Conditions for redeeming vouchers/promo codes: (a) Promo codes or vouchers may be issued from time to time and are valid for the specified period stated. They can only be used for certain products or brands and may have other limitations such as minimum spend requirements. (b) Vouchers cannot be applied to shipping costs unless stated otherwise. (c) Vouchers and promo codes cannot be exchanged for cash or gift cards. If you purchase something of lesser value than the voucher, no credit or cash will be returned for the difference. (d) If you return an item purchased using a voucher or promo code, we will only refund the amount you actually paid, not the value of the voucher. (e) Misuse of vouchers or promo codes may result in their deactivation or your account being restricted.

9.3 Gift card redemption terms: (a) You can purchase gift cards for use on our website. Gift cards can be applied at checkout or added to your account, and once redeemed, they cannot be transferred. (b) Gift card purchases may be subject to security checks, which could result in delayed processing times. (c) Gift cards are valid for 36 months from the date of purchase, after which any unused balance will expire. (d) Gift cards cannot be redeemed for cash, and the credit does not accrue interest.

9.4 Store credit: (a) Store credit is tied to the email address used for the original order and is not transferable. (b) Store credit is valid for 12 months. Any unused balance will be voided after that period. (c) Store credit cannot be redeemed for cash or transferred to other accounts.

9.5 For returns involving gift cards or store credit: (a) You will receive refunds as store credit if you used store credit or gift cards for the purchase. (b) If the purchase was partially paid for with a gift card or store credit, the refund will be split accordingly (store credit for the portion paid with the gift card, and cash for the portion paid with cash).

  1. PRICE MATCHING POLICY

10.1 We aim to match prices with other online retailers for identical items. If you find a lower price on another website, we will try to match it by offering a voucher for the price difference. You must provide a link or image of the item from both our site and the other retailer for us to review. Keep in mind that the item must meet the following conditions:

  • It must be identical (same color, size, features).
  • It must be in stock at both stores.
  • The comparison must be with a site based in Australia, showing prices in Australian dollars.
  • We do not match VIP offers, loyalty deals, flash sales, or sites with obvious pricing errors.

10.2 We do not offer price matching or price protection for items that later go on sale on our own site. If you purchase an item at full price and it is later discounted, we cannot offer a refund for the difference.

  1. SPECIFIC PROMOTIONS

11.1 Occasionally, we may run promotions on our site that are subject to both these Terms and additional promotion-specific terms, which will be outlined during the promotion.

11.2 It’s your responsibility to read and understand the terms of each promotion before participating. By making a purchase, you accept the promotion’s specific terms.

11.3 We may also collaborate with third-party partners for joint promotions. For such promotions, please refer to the specific program terms for details.

  1. USER-GENERATED CONTENT

12.1 We may encourage customers to share their content via social media using specific hashtags related to our campaigns.

12.2 By using the hashtag, you agree that: (a) You comply with the terms of the social media platform. (b) You own the rights to the content and have obtained necessary consents from anyone else featured in it. (c) We may feature your content on our social media channels or website. (d) We may modify or adapt your content (e.g., for cropping or formatting), but only as deemed appropriate. (e) You are responsible for your content and will not hold us liable for any third-party claims arising from its use.

  1. DISCLAIMER AND LIABILITY

13.1 This clause takes precedence over others and, to the extent permitted by law, limits our liability as follows: (a) We are not liable for any issues related to the accuracy or completeness of information on our site. (b) We are not liable for any issues with the transmission of information on our site. (c) Any decisions you make based on the information found on our site are made at your own risk. (d) You are responsible for ensuring that the products meet your individual needs and requirements. (e) You must use products in accordance with any instructions and seek medical advice if necessary. (f) We exclude liability for breach of duty unless it arises under specific terms or laws.

13.2 To the extent allowed by law, we are not liable for any indirect, special, or consequential losses (e.g., lost profits or anticipated savings) arising from the use of our site or services. Your sole remedies are outlined in these terms.

  1. INDEMNITY

14.1 Indemnification
You agree to indemnify and hold harmless us, our affiliates, subsidiaries, and their respective officers, agents, and employees from any claims, demands, legal actions, losses, or damages (including actual, special, and consequential damages) of any kind, known or unknown. This includes reasonable legal fees incurred due to: (a) Your breach of these Terms. (b) Your violation of any laws or third-party rights.

  1. PRIVACY POLICY AND COMMUNICATIONS

15.1 Privacy Policy
Please refer to our Privacy Policy for information on how we handle your personal data.

15.2 Electronic Communications
When you provide us with your email address or mobile number, you may opt in to receive electronic communications about news, promotions, reminders, and updates on returns and refunds. We may also contact you electronically as outlined in our Privacy Policy. Your consent to receive certain communications may be implied based on your use of our services.

  1. DISPUTE RESOLUTION

16.1 Resolution Process
If a dispute arises under these Terms, the parties agree to negotiate in good faith to resolve it. Initially, disputes should be submitted to our Customer Service team.

  1. GENERAL

17.1 Entire Agreement
These Terms constitute the entire agreement between you and us, overriding any prior terms published on our Site.

17.2 Assignment
You may not transfer or delegate any of your rights or obligations under these Terms. We may assign or delegate our rights or obligations to any person.

17.3 Force Majeure
We are not liable for failing to meet our obligations under these Terms if prevented by causes beyond our control, including natural disasters, pandemics, strikes, wars, or other unforeseeable events.

17.4 No Waiver
A waiver of any default by you does not waive any future defaults, whether similar or different. Any delay or leniency in enforcing these Terms does not affect your liability.

17.5 Notices
Notices should be given in writing and sent via email to the address you provided or to our registered office.

17.6 Third-Party Rights
The provisions of these Terms benefit us and our affiliates, subsidiaries, and third-party content providers. They have the right to enforce these Terms.

17.7 Survival
Terms that are intended to survive termination or expiration of these Terms will remain in effect.

17.8 Severability
If any provision of these Terms is deemed unlawful or unenforceable, it will be removed, and the remaining provisions will continue to apply.

17.9 Governing Law
These Terms are governed by the laws of New South Wales, and any disputes will be subject to the exclusive jurisdiction of New South Wales courts.

  1. DEFINITIONS AND INTERPRETATION

18.1 Definitions
In this document:

  • Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws.
  • Breach of Duty refers to a failure to meet reasonable care or skill standards in contract or common law.
  • Liability includes any responsibility for Breach of Duty, misrepresentation, restitution, or any related legal issues.
  • “Dive Spear and Sport,” "we," "our," "us" refers to Dive Spear and Sport Pty Ltd (ABN 33 603 527 518) and its affiliates.

18.2 Interpretation

  • Headings are for convenience and do not affect interpretation.
  • Singular words include the plural and vice versa. Gendered terms include all genders. References to persons include individuals and entities.
  • Terms like “includes” or “including” are meant to be non-exhaustive.

These Terms were last updated on 9th September, 2024.