WEBSITE PORTAL TERMS
The Terms
These Website Portal Terms and Conditions (the “Portal Terms”), THE DIVE PROFESSIONAL Standard Terms & Conditions of Sale for Goods and Services (the “Standard Terms”) and Bytes’ Confidentiality & Terms of Business (the “Business Terms”) including such other documents referred to therein together comprise all the Terms of the contract between you the buyer (the “Buyer”) and Bytes (the “Company”) for all orders for goods (the “Goods”) and/or services (the “Services”) placed by the Buyer, through this website. To view and print a copy of the Company’s Standard Terms please click here.
Should the Company have agreed and executed a specific set of terms and conditions (“Specific Terms”) with the Buyer, or have in place a framework/master agreement (“Framework Terms”) then it is these read with the Portal Terms and Business Terms that constitute the full terms of the contract between both parties for the Goods and/or Services.
Unless expressly otherwise agreed in writing by the Company, by placing an order through this portal the Buyer shall be deemed to accept the Portal Terms (including the Privacy Policy) the Standard/Specific/Framework Terms and the Business Terms, despite anything to the contrary stated in the Buyer’s order. The Buyer’s conditions of purchase (if any) shall not apply to this contract.
No variation of, or addition to, these terms shall take effect unless expressly agreed in writing by the parties.
If there are any inconsistencies, conflicts or differences between any provision of the Portal Terms, the Standard Terms/Specific Terms/Framework Terms, the Schedules or any Attachments, the following order of precedence shall apply:
the Standard/Specific/Framework Terms
the Portal Terms
the Schedules
the Attachments (unless expressly provided otherwise).
All other terms and conditions expressed or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
Any samples, drawings, descriptive matter or advertising issued and any illustrations or descriptions of the Goods and/or Services contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods and/or Services described in them. They shall not form part of the Agreement or have any contractual force.
Quotation and Price
Any quotation provided by the Company shall not constitute an offer and will not be bound by the prices outlined in the quote. This quote will only become binding upon written acceptance of an order by the Company.
The quote is valid only for the calendar month in which it has been furnished. The quotation may therefore differ at the start of a new calendar month.
The Company reserves the right to withdraw any discount and/or to revise any price quoted if there is a change in the cost of supplying the Goods and/or Services whether by reason of exchange rate fluctuations, third party charges or otherwise.
The price of the Goods and/or Services, delivery of the same and the payment provision relating to such Goods and/or Services shall be as detailed in the Standard/ Specific/Framework Terms.
Unless otherwise specified, VAT and any other duties or taxes payable, and all costs and charges in relation to carriage, insurance or similar shall be payable in addition to the price.
Orders
Any order placed relating to Goods and/or Services is detailed further in the terms and conditions unless agreed otherwise in writing between the parties. A copy of these terms and conditions will be provided.
All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to the Portal Terms, the Standard/ Specific/ Framework Terms and the Business Terms.
No order submitted by the Buyer shall be deemed to be accepted by the Company unless and until the Company confirms acceptance of the order in writing.
The Company is entitled to refuse any order placed by the Buyer and will not be required to provide an explanation.
The Company reserves the right to cancel the Buyer’s order pursuant to those terms outlined in the full Agreement signed by the Buyer.
The Goods may differ slightly from the images shown.
The terms relating to acceptance and/or return of the Goods and/or Services shall be as detailed in the Standard/ Specific/ Framework Terms.
Intellectual Property
The copyright in the material contained in the Portal and any trademarks and brands included in that material belongs to the Company and/or its licensors
The Portal
The Company will attempt to ensure that the information available on the Portal is, at all reasonable times, accurate. However, the Company will not be held liable for any errors or omissions. The Company will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of the same.
All drawings, descriptive matter and specifications of the Goods and/or Services on the Portal are for the sole purpose of giving an approximate description of the Goods and/or Services.
The Company may also change, suspend or discontinue any aspect of the Portal, including the availability of any features, information, database or content or restrict access to parts or all of the Portal without notice or liability.
General
The Company may from time to time change, alter, adapt, add or remove portions of the Portal, Standard, Specific or Framework Terms but if it does the Company shall notify the Buyer of any such changes in line with the stated notification practice.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
A person who is not a party to this Agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
These Terms, the Standard/Specific/Framework Terms, and the Business Terms together with the Company’s current prices, delivery details, contact details and Privacy Policy, set out the whole of our Agreement relating to the supply of the Goods and/or Services to the Buyer by the Company. Nothing said by any sales person on the Company’s behalf should be understood as a variation of the same or as an authorised representation about the nature or quality of any Goods and/or Services offered for sale. Save for fraud or fraudulent misrepresentation, the Company shall have no liability for any such representation being untrue or misleading.
This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
The headings in this Agreement are for convenience only and will not affect their interpretation.