Terms and Conditions

Please read the following terms and conditions of use carefully before using this website. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Rebreathers USA. The collective work includes works that are licensed to Rebreathers USA. Copyright 2013-2018, Rebreathers USA ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Rebreathers USA or purchasing Rebreathers USA products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by DiveSeekers. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Rebreathers USA used in the site are trademarks or registered trademarks of Rebreathers USA.

Website use Disclaimer
This site and the materials/information on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Rebreathers USA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Rebreathers USA does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Rebreathers USA does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Rebreathers USA shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Rebreathers USA has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a Rebreathers USA product is mistakenly listed at an incorrect price, Rebreathers USA reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Rebreathers USA reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Rebreathers USA shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
Any offer made by Rebreathers USA (Seller) to sell goods is subject to these terms and conditions unless expressly agreed to by the Seller in writing. These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by DiveSeekers without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Product Warranty

We are an independent authorized dealer for all the products we sell. All of the equipment purchased through us comes with full manufacturer’s warranty. Warranty information regarding any of our products and services is available by contacting us. Warranty service or support for products purchased from us can always be obtained from us and directly from the manufacturer. You will be responsible for shipping costs. Other authorized dealers might be unable, refuse or charge additional fees to provide service or support on products not purchased from that dealer.

Back Orders

We have a very large inventory at all times and while we make it a point to keep our inventory as complete as possible, at times we will be out of stock on items when they are ordered. Sometimes this is out of our control due to the Manufacturer being out of stock of the particular product. In an effort to maintain 100% customer satisfaction, if this happens, we will contact you with an estimated delivery time and confirm that you still wish to place your order.

Pricing

All prices are in U.S. dollars. Prices for shipment outside New Jersey do not include sales and use taxes. If assessed, these charges are the responsibility of the package recipient. Prices for shipment within New Jersey include the state sales tax.

Pricing Disclaimer

All prices and specifications are subject to change without notice. A Web site may contain incorrect pricing or other errors. We do our best to minimize such errors, and will always notify you if an error of this sort results in a change in the charge for your order. We reserve the right to accept or reject any order at our sole discretion. We reserve the right to limit quantities.

Payment Terms

All terms are COD, Cash, Check, Prepayment, Wire Transfer or credit card. Rebreathers USA accepts PayPal, Master Card, VISA, Discover and American Express credit cards. Any Product sold at Wholesale Pricing will be subject to 3% surcharge if credit card is used. All orders to be paid in US Dollars. All returned checks are subject to $50 handling fee. Non-US bank checks subject to collection fee. All orders held until check has been cleared through the US bank.

Inventory

Our website is just an extension of our working warehouse. For this reason our website does not show live stock information for our products. Items out of stock will be placed on backorder from the manufacture, and you will be notified. You may call or email before placing your order to verify stock on any item we carry.

Notice
Rebreathers USA may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Rebreathers USA.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New Jersey , U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site including but not limited to the purchase of Rebreathers USA products shall be in the state or federal courts located in Trenton, New Jersey. Any cause of action or claim you may have with respect to the site including but not limited to the purchase of Rebreathers USA products must be commenced within one 1 year after the claim or cause of action arises. Rebreathers USA’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Rebreathers USA may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Rebreathers USA or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Force Majeure

Rebreathers USA shall have no liability to the purchaser for any delay or failure in carrying out its obligations to the purchaser for reasons beyond the Seller’s control, including, without limitation, acts of God, war, natural disaster, labor disputes, customs delay s, changes in compliance with laws, regulations or governmental policies and shortages of supplies or services. Seller may extend delivery until such delay has been removed or, at its option, cancel the undelivered portion of any order affected by such delays, without liability to the purchaser except for the return of any payment made by the purchaser to the Seller with respect to any undelivered portion of the order that has been canceled. All refunds are made by company check, and purchaser agrees that all disputes are handled directly with the company, and will not reverse or dispute charges with credit card issuers for refunds.

Participation Disclaimer
Rebreathers USA does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Rebreathers USA is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Rebreathers USA reserves the right to block or remove communications or materials that it determines to be a) abusive, defamatory, or obscene, b) fraudulent, deceptive, or misleading, c) in violation of a copyright, trademark or; other intellectual property right of another or d) offensive or otherwise unacceptable to DiveSeekers in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Rebreathers USA, its officers, directors, employees, agents, licensors and suppliers collectively the “Service Providers” from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account including negligent or wrongful conduct by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Rebreathers USA may link to sites operated by third parties. However, even if the third party is affiliated with Rebreathers USA, Rebreathers USA has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Rebreathers USA. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Rebreathers USA seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well including if a specific link does not work.

 

Shipping Details

  • All in-stock orders will be shipped the next business day (excluding holidays & weekends) and are guaranteed to be at your door within 14 days to a US zip code almost all of the time you will receive your package within 7days. If you request to receive your order in less than 14 days from now, you will be charged extra for shipping in order to get it to you in time.
  • We accept the following PayPal and Credit Cards: MasterCard, VISA, Discover and American Express.
  • Prices are subject to change without notice. Stock is subject to prior sale.
  • All Shipments are at customer’s expense. Primary methods are Fed Ex or US Postal Service.
  • Delivery to carrier constitutes delivery to purchaser.
  • Each shipment should be counted and inspected upon receipt; shortages are to be reported in writing to Rebreathers USA within five (5) days of receipt.
  • We pack our items carefully so they can survive the method of shipping used. However once the package leaves our door it is out of our care, custody and control. If a package is damaged in transit please notify us, but the responsibility lies with the shipping carrier and you will need to see remedy from them.
  • Shipping charges are not refundable unless the carrier has failed to meet the delivery commitment outlined in their shipping guide.
  • Rebreathers USA will only refund Shipping Charges when the carrier has failed to meet the delivery commitment and issued credit to Rebreathers USA.  The decision made by a carrier regarding a claim for refund is final.
  • Customer must be sure to communicate correct shipping address to Rebreathers USA All shippers charge a $10.00 fee if an incorrect address has been provided. These fees will be transferred to the customer, only if the customer provided the incorrect ship-to address.
  • Shipping Company’s will NOT accept special shipping instructions from us, other than “Ship To” Name and Address.
  • Exchanges through the mail are also subject to this shipping fee. If we are shipping your order out of New Jersey , it is not subject to sales tax.
  • We reserve the right to cancel an order at our discretion if an item is priced incorrectly.

Signature Required
To protect you from theft or mis-direction of your shipment, we now require a signature upon delivery for packages greater than $1000 in value. If delivering to your home is inconvenient, then you may ship the package to your work address in care of yourself. If you choose to have your shipment sent to a business, please make sure to include the business name in the shipping address.

Return Policy

If you are not 100% completely satisfied with your products you may return them within 7 days of purchase for a full refund (less costs of shipping) provided they are unused, have not been immersed in water, are in new condition, with original packaging, cards, manuals etc. There are some exceptions.

  • Custom/Special Ordered Items
  • Closeout items

You MUST call or email prior to shipping the product back to us.  Please contact us by phone at 908-303-3201.

To return an item, ship it back to us properly packaged with a copy of the original receipt. Once the item is received it will be inspected, restocked and a refund will be issued in the same manner which it was paid for, less the shipping charge. Rebreathers USA   has the right to refuse a return or exchange if it does not meet these conditions.