TERMS & CONDITIONS

All sales of our goods and services are subject to the following conditions and these form the contract between you and us. Please note these conditions do not affect your statutory rights.
There is no binding agreement between you and us until it is confirmed in writing in our standard format by us. We reserve the right to accept or reject any order for any reason whatsoever.

1.  Unless otherwise stated our prices do not include packing and delivery. VAT at the current rate is included in all prices except where stated. These costs will be set out in the confirmation of our order as referred to in clause 1
2. Whilst every effort is made to be accurate we will not be responsible for any typographical error in our advertising material including our website.
3. All orders are accepted subject to the availability of goods and services. If for any reason any particular product or item is not available we shall try to offer a suitable alternative. If we cannot we reserve the right to cancel the contract and offer a refund.
4. We shall give you an estimated date for the delivery of the goods and services. If this date cannot be achieved we shall keep you informed of the delay and provide a new estimate of the date of delivery. Whilst every effort will be made to achieve the stated delivery date, any delay shall not give rise to a right to cancel the order or claim compensation or damages.
5. The risk in the goods supplied by us shall pass to you after delivery of them has taken place.
6. Payment for the goods and services supplied by us is due prior to delivery or immediately following submission of our invoice whichever is earlier and that date shall be the due date.
7. If you are an approved account holder, as notified by us to you, payment is due within thirty days of the date of the invoice and that date shall be the due date.
8. Time is of the essence with regard to payment of any sums due to us.
9. We reserve the right to cancel any contract if you fail to pay any amount due to us on the due date. We also reserve the right to charge interest on a daily basis on overdue amounts as allowed by statute (for example the Late Payment of Commercial Debts (Interest) Act 1998) and any applicable administrative charge as allowed by statute. You will also pay us any costs or fees (including legal expenses) we incur in recovering any payment due to us from you.
10. We shall retain title in the goods until payment has been made to us in full. Until we have received full payment you agree to take reasonable care of the goods.
11. Any rejection of the goods must be notified to us by you within seven days of the date of their delivery.
12. We shall not be liable to you if we cannot fulfil our obligations under this contract due to some circumstance or event outside of our control, such as an Act of God, war, riot, fire etc.
13. It is agreed that the Contract (Rights of Third Parties) Act 1999 (or any repealing measure) shall not apply to this agreement and nothing in this agreement is intended to confer any benefit upon or create rights in favour of any party other than you and us.
14. Our liability for negligence for death or personal injury shall be unlimited as required by law. We shall have no liability for any other kind of consequential loss or damage and in any other case our liability shall be limited.
15. If you order other services then these orders shall be governed by our supplementary terms of business and those terms will control the performance of all field services.
16. If you are a consumer, you should be aware of your rights under the Distance Contracts Regulations 2000 (or any amending provisions). These state, amongst other things, that you have the right to cancel the contract for any reason within seven days of delivery of the goods. If you wish to cancel, please notify us in writing to our address. You will then be refunded within thirty days and may return the goods to us, although this will be at your cost and if we have to collect them we may deduct the collection costs from the refund paid to you. During the period that you retain the goods until they are returned to us, you must take reasonable care of them to prevent damage.

This guarantee does not affect your statutory rights.

VAT Number: 704 4769 30

TERMS AND CONDITIONS FOR DIVING AND TRAINING COURSES

TERMS AND CONDITIONS A minimum of 3 people is required in order for a course to run (unless otherwise stated). Andark reserves the right to vary or cancel, at their discretion, a course or its contents, where the circumstances necessitate. Andark reserves the right to refuse admission onto a course and does not accept provisional bookings. Reservations will only be confirmed upon receipt of a completed signed booking form, and payment. Telephone bookings will be deemed to be cancelled if the booking form and medical are not received within 5 working days. Course fees may change without notice. Lost or broken equipment (caused by student) must be paid for by student. Inland dive sites may be used – any associated entry fee or boat charges must be met by student. Transport to and from dive sites is student’s responsibility. For continuing education courses, a refresher MUST be completed and logbook evidence shown if the student has not dived in the six months prior to attending the course. You must pre-study all course materials for all Andark courses. If you fail to do so you will not be permitted to join the course. If you wish to rebook, there will be an additional charge of £80 to cover administration/additional tuition. REFUNDS AND CANCELLATION: No refunds of any monies paid will be given, save that Andark at its absolute discretion may offer: (1) a credit note (less an administration fee of minimum £30) redeemable at Andark’s retail shop or against the cost of an alternative course; or (2) an alternative course of equal value (less an administration fee of minimum £30). Failure to attend a course on the due date will result in loss of all course fees. An administration fee (minimum £30) will be charged for changes to course dates where a minimum of 2 full weeks’ notice is give. Where less than 2 weeks’ notice is given OR where the cancellation/change of dates results in a course falling below minimum numbers, no refund/credit or change of dates can be permitted and the course must be rebooked at full value.