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Terms and Conditions

  • Conditions of sales
  • Is it safe to order on underwater.com.au?
  • Delivery Time
  • Refund Policy
  • Warranty - Guarantee
  • Use of the Goods, Indemnity, and Release

Conditions of sales

All orders and purchases made through this website are subject to the Online Shopping Terms and Conditions outlined below. These Online Shopping Terms and Conditions may change from time to time without prior notice, at our discretion.

Underwater Australasia Pty Ltd (underwater.com.au) may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items. All prices listed on this website are in Australian dollars and all charges will be processed in Australian dollars.

All prices listed on this website are subject to confirmation. underwater.com.au will notify you by email if the confirmed price of an item you have selected differs from the price listed on the website or on your purchase order.

No order shall be binding with Underwater Australasia Pty Ltd (underwater.com.au) until accepted by Underwater Australasia Pty Ltd (underwater.com.au). An individual contract for the supply of products, on these terms and conditions, is formed on acceptance byUnderwater Australasia Pty Ltd (underwater.com.au) of an order from the customer.Underwater Australasia Pty Ltd (underwater.com.au) reserves the right to accept any order in whole or in part. Where Underwater Australasia Pty Ltd (underwater.com.au) makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Underwater Australasia Pty Ltd (underwater.com.au).

All orders must be paid for via valid credit card, direct deposit or other means outlined on underwater.com.au at the time of order placement unless payment on invoice has been agreed to by underwater.com.au.

Ownership of the products does not pass to the customer until the customer has discharged all outstanding indebtedness, whether in respect of the products or otherwise, to underwater.com.au.

Is it safe to order on underwater.com.au?

Yes. It is actually safer to enter your credit card details on the Internet than it is to give your credit card to a restaurant waiter, if the web site is using a secure ordering system. You can tell that the site is secure because the address prefix changes from http to https and a padlock appears at the bottom of your web browser.

Underwater Australasia Pty Ltd (underwater.com.au) uses a secure ordering method (SSL), which means that all of the information you submit on our website is secured by industry standard 128-bit encryption. Your personal details including credit card information are encrypted during the transaction process and not handled by us directly unless you supply them over the phone in which case they get deleted after use. Other customer information is stored in a secure password protected database.

Delivery Time

Australian orders - We do our best to despatch orders within 1 business day of receipt and we would expect you to receive your order within 2-3 business days depending on your Australian delivery address. In some instances Australian orders can take up to 5 business days. If for any reason your order cannot be fulfilled and/or delivered as expected, we will advise you within 2 business days. Shipments containing products with Lithium Batteries may incur additional charges, our online shop might misquote shipping costs. Express delivery might not be possible for items containing Lithium Batteries. We will confirm shipping costs before sending.

International orders are shipped by Australia Post with delivery times averaging between 5-14 days unless Sea Mail is chosen. High value items are shipped via Express Post International (EPI) or Express Courier International (ECI). Occasionally international mail services do experience delays which are beyond our control. We must allow at least 4-6 weeks before we can request an investigation for any late delivery. Underwater Australasia Pty Ltd (underwater.com.au) cannot be held liable for any items lost or damaged during transit. Only shipments by registered mail or EPI/ECI can be investigated by Australia Post. International shipments containing products with Lithium Batteries may incur additional charges, our online shop might misquote shipping costs. We will confirm shipping costs before sending.

Underwater Australasia Pty Ltd (underwater.com.au) does not charge any customs duties on international shipments, we also remove the Australian sales tax (GST) from the cost of all products that are exported. If any additional customs charges are incurred during your shipment, they are not calculated or enforced by us nor are they our responsibility. If you are unsure we recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable before placing your order.

Underwater Australasia Pty Ltd (underwater.com.au) cannot be held liable for international taxes or levies charged on your order.

Refund Policy

Your happiness is our number one priority at Underwater Australasia Pty Ltd (underwater.com.au). If you receive any products that are damaged or faulty, we will happily organise an exchange for you.

You may return damaged or faulty goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient's responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card as specified by the manufacturer.

In the event that you receive a defective or damaged product, a replacement will be dispatched (subject to availability) once we receive the faulty return, at our cost. We reserve the final right to determine if a product is actually faulty.

Cancelled or unwanted items will attract a Restocking Fee of 15%. Cancelled or unwanted items returned after 14 days will attract Restocking Fees of 25%. Cancelled or unwanted items cannot be returned after 30 days. Special order items can not be returned unless they are faulty. Shipping fees are non-refundable. Free shipping items will have appropriate shipping fees for the initial purchase deducted. If you have payed with PayPal please note that after October 2019 PayPal is no longer refunding the selling fees on refunds so any PayPal orders will have PayPal fees deducted in any requested refunds. Please ensure that all original items including packaging, manuals, etc... are returned. It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit.

Warranty - Guarantee

Underwater Australasia Pty Ltd (underwater.com.au) will endeavour to transfer to the customer the benefit of any warranty or guarantee given by the manufacturer of goods on every item we sell where such a warranty is provided. We do not provide warranty service on items not purchased through us or one of our dealers, even though we may be the sole authorised Australian distributor for those products, we will however always provide the warranty required by Australian Consumer Law. Any cost incurred in returning the item will be borne by the customer unless the product is deemed to be 'dead on arrival'.

Use of the Goods, Indemnity, and Release

THE USE OF WATERCRAFT SUCH AS WATER SCOOTERS, JETBOARDS AND E-FOILS IS AN INHERENTLY RISKY ACTIVITY AND YOU HEREBY ACKNOWLEDGE AND UNDERSTAND THAT THE USE OF THE GOODS IN A WATERWAY, EITHER PROPERLY OR IMPROPERLY, CARRIES WITH IT A REAL RISK OF PERSONAL INJURY OR DEATH. YOU MUST ENSURE THAT ALL USE OF THE GOODS EITHER BY YOU OR BY ANY PERSON YOU PERMIT TO USE THE GOODS (WHETHER UNDER A RENTAL AGREEMENT OR OTHERWISE) IS CONDUCTED IN A SUPERVISED, SAFE AND SENSIBLE MANNER AND IN ACCORDANCE WITH ALL APPLICABLE LOCAL LAWS, RULES, AND REGULATIONS.

In the event that you intend to make any of our products available for rental, you must not commence operations without procuring an appropriate insurance policy providing coverage for any injury occurring to any person arising from their use of the products.

You hereby release, hold us harmless, and indemnify us in relation to any claim made against us in respect of loss or damage (including for personal injury or death) howsoever arising in connection with your use or the use by any other person (whether under hire or rental agreement or not) of the Goods.

The above indemnity extends to legal costs we incur in any action required by us against you to enforce our rights, including any legal costs incurred in relation to any breach of this agreement.

We will not be liable to you for any consequential loss, loss of profit, loss of opportunity or loss of chance you suffer from a breach of this agreement or arising from your use or misuse of the Goods (or the use or misuse of the Goods by a person who has rented or hired the Goods from you).

last updated 17 January 2023