Welcome to the 7th Heaven Scuba® Online Shop. 7th Heaven Scuba® provides the 7th Heaven Scuba® Online Shop Service subject to the following Terms & Conditions.
By accessing and using the 7th Heaven Scuba® Online Shop Service, you agree to be bound by the Terms & Conditions set out in this legal notice. Please read them carefully.
We offer a wide range of 7th Heaven Scuba® Online Shop Services, and sometimes additional terms may apply. When you use the 7th Heaven Scuba® Online Shop Service (for example, Your Profile, Gift Cards) you also will be subject to the guidelines, terms and agreements applicable to that of the 7th Heaven Scuba® Online Shop Service (“Service Terms”). If these Terms & Conditions are inconsistent with the Service Terms, those Service Terms will control.
DESCRIPTION OF GOODS AND/OR SERVICES
7th Heaven Scuba® and the 7th Heaven Scuba® Online Shop is a business in the Southern African Dive industry that sells Scuba Diving Equipment, Scuba Diving Courses and Scuba Diving Related Products online.
When you use any 7th Heaven Scuba® Online Shop Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other 7th Heaven Scuba® Online Shop Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any 7th Heaven Scuba® Online Shop Service, such as text, graphics, logos, button icons, images, is the property of 7th Heaven Scuba® or its content suppliers and protected by South African and international copyright laws. The compilation of all content included in or made available through any 7th Heaven Scuba® Online Shop Service is the exclusive property of 7th Heaven Scuba® and protected by South African and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any 7th Heaven Scuba® Online Shop Service are trademarks or trade dress of 7th Heaven Scuba® in South Africa. 7th Heaven Scuba®’s trademarks and trade dress may not be used in connection with any product or service that is not 7th Heaven Scuba®’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 7th Heaven Scuba®. All other trademarks not owned by 7th Heaven Scuba® that appear in any 7th Heaven Scuba® Online Shop Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 7th Heaven Scuba®.
LICENSE AND ACCESS
Subject to your compliance with these Terms & Conditions and your payment of any applicable fees, 7th Heaven Scuba® or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the 7th Heaven Scuba® Online Shop Services. This license does not include any resale or commercial use of any 7th Heaven Scuba® Online Shop Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any 7th Heaven Scuba® Online Shop Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms & Conditions or any Service Terms are reserved and retained by 7th Heaven Scuba® or its licensors, suppliers, publishers, rightsholders, or other content providers. No 7th Heaven Scuba® Online Shop Service, nor any part of any 7th Heaven Scuba® Online Shop Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of 7th Heaven Scuba®. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 7th Heaven Scuba® without express written consent. You may not use any meta tags or any other “hidden text” utilizing 7th Heaven Scuba®’s name or trademarks without the express written consent of 7th Heaven Scuba®. You may not misuse the 7th Heaven Scuba® Online Shop Services. You may use the 7th Heaven Scuba® Online Shop Services only as permitted by law. The licenses granted by 7th Heaven Scuba® terminate if you do not comply with these Terms & Conditions or any Service Terms.
If you use any 7th Heaven Scuba® Online Shop Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 7th Heaven Scuba® does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the 7th Heaven Scuba® Online Shop Services only with involvement of a parent or guardian. 7th Heaven Scuba® reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews and comments; or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. 7th Heaven Scuba® reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant 7th Heaven Scuba® a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant 7th Heaven Scuba® the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify 7th Heaven Scuba® for all claims resulting from content you supply. 7th Heaven Scuba® has the right but not the obligation to monitor and edit or remove any activity or content. 7th Heaven Scuba® takes no responsibility and assumes no liability for any content posted by you or any third party.
7th Heaven Scuba® respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please inform us by E-mail on email@example.com.
RISK OF LOSS
All items purchased from 7th Heaven Scuba®’s Online Shop are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
7th Heaven Scuba® does not take title to returned items until the item arrives at our physical address. At our discretion, a refund may be issued without requiring a return. In this situation, 7th Heaven Scuba® does not take title to the refunded item. View our Returns & Refund Policy for more information.
7th Heaven Scuba® attempts to be as accurate as possible. However, 7th Heaven Scuba® does not warrant that product descriptions or other content of any 7th Heaven Scuba® Online Shop Service is accurate, complete, reliable, current, or error-free. If a product offered by 7th Heaven Scuba® itself is not as described, your sole remedy is to return it in unused condition.
MERCHANT OUTLET COUNTRY AND TRADING CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is ZAR (South African Rand).
PAYMENT OPTIONS ACCEPTED AND SECURITY
Payment may be made via Visa or Master Card credit cards or by bank transfer via instantEFT, services provided by the PayFast system.
To view more information regarding the security of your online purchase, visit the PayFast Security page at https://www.payfast.co.za/b/std/security
7th Heaven Scuba® is a South African Business and the offering on the 7th Heaven Scuba® Online Shop Service is available to South African customers only.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any 7th Heaven Scuba® Online Shop Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set.
With respect to items sold by 7th Heaven Scuba®, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by 7th Heaven Scuba® is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE 7TH HEAVEN SCUBA® ONLINE SHOP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE 7TH HEAVEN SCUBA® ONLINE SHOP SERVICES ARE PROVIDED BY 7TH HEAVEN SCUBA® ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. 7TH HEAVEN SCUBA® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE 7TH HEAVEN SCUBA® ONLINE SHOPSERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE 7TH HEAVEN SCUBA® ONLINE SHOP SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE 7TH HEAVEN SCUBA® ONLINE SHOP SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 7TH HEAVEN SCUBA® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7TH HEAVEN SCUBA® DOES NOT WARRANT THAT THE 7TH HEAVEN SCUBA® ONLINE SHOP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE 7TH HEAVEN SCUBA® ONLINE SHOP SERVICES, 7TH HEAVEN SCUBA®’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM 7TH HEAVEN SCUBA® ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 7TH HEAVEN SCUBA® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY 7TH HEAVEN SCUBA® ONLINE SHOPSERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY 7TH HEAVEN SCUBA® ONLINE SHOP SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any 7th Heaven Scuba® Online Shop Service, or to any products or services sold or distributed by 7th Heaven Scuba® or through the 7th Heaven Scuba® Online Shop will be resolved by binding arbitration, rather than in court.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms & Conditions as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
The 7th Heaven Scuba® Online Shop website is governed by the laws of South Africa and 7th Heaven Scuba® chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 78 Frederick Cooper Drive, Kenmare, Krugersdorp 1739.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
7th Heaven Scuba® 78 Frederick Cooper Drive Kenmare Krugersdorp 1739 Gauteng South Africa
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to firstname.lastname@example.org. We respond quickly to the concerns of rights owners about any alleged infringement.
Please provide us with this information:
Please note that this procedure is exclusively for notifying 7th Heaven Scuba® that your copyrighted material has been infringed.
7th Heaven Scuba®