Terms & Conditions

DEFINITIONS AND ACCEPTANCE

"OCTIVA GEAR", "Us", "Our" and "We" refers to the online e-store (www.octivagear.com) of OCTIVA GEAR which sells products to the "Customer" as identified in OCTIVA GEAR' quotation or invoice.

"You", "Your", "Purchaser", "Customer" or "Customers" shall refer to and not limited to users, viewers, anonymous individuals who or whom enters, accesses, utilises, subscribes, browse or in any form or way in direct or indirect relation to 
www.octivagear.com.

"Contract of Sales" refers to the terms and conditions stated herein and all orders for goods accepted by OCTIVA GEAR are accepted subject to the following conditions which shall form part and govern the contract of sale. Acceptance of goods shall be deemed to be acceptance of these conditions of sale and in such purchaser shall also be bounded to these terms and conditions in accordance to thier acceptance.

Any term sought to be imposed by a purchaser either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of OCTIVA GEAR has authority to vary, modify or change these conditions unless accepted in writing by a director of OCTIVA GEAR . All and any matters and issues arising and/or relating to the use or interpretation of these terms of use shall be governed by relevant Malaysian laws.

1.) Intended Use and Restriction
This is a business and commercial site, and is therefore not intended for persons or individuals under the age of 18. If you are under 18, you should speak to your parents, guardian, or a responsible adult and obtain permission to use and access this site.

2.) Disclaimer and Limitations of Liabilities
All information, material and services available and contained on this site are provided to customer(s) on an "as available" basis. We do not gurantee the accuracy or comprehensiveness of the content or materials provided, shown or displayed. By such mean we disclaim any liabilities for any errors, omissions and/or inaccuracies in the materials, contents and information provided, shown or displayed within this site (
www.octivagear.com). However, we will do and perform our best but not obliged to correct or rectify any inaccuracies, errors, omissions or typographical errors in the content, materials, and information posted, displayed, and provided within/on OCTIVA GEAR website.

To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether expressed, implied or statutory. In addition, we do not warrant, guarantee or make any representation regarding the security of accounts, or that this site is free from destructive material, including but not limited to computer viruses, hackers, or other technical sabotage, nor do we warrant, guarantee or make any representations that access to this site will be fully accessible at all times, uninterrupted, or error-free.

To the maximum extent permitted by law, we disclaim liability for any damages including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost of goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in relation with the following:

(a) use of this site (
www.octivagear.com), or inability to see this site by any party; or

(b) any failure of performance, error, omission, interruption, defect, delay in operation or transmission; or

(c) line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.

(d) No liability for any claim for damage or non-functionality shall be accepted unless the OCTIVA GEAR is notified in writing by the purchaser within seven days of delivery. This period may be extended at the sole discretion of the vendor where the manufacturers replacement policy exceeds this deadline.

(e) No liability for any claim for missing items such as manuals, etc. shall be accepted unless OCTIVA GEAR is notified in writing by the purchaser within seven days of delivery.

(f) No liability for any claim will be accepted in the case of goods differing in quantity or descriptions from the particulars given on the delivery note unless OCTIVA GEAR is notified in writing by the purchaser within seven days of delivery and the onus is on the purchaser to prove any shortage.

(g) In the case of manufacturers who operate direct product support and returns procedures, the purchaser accepts an obligation to process their claim directly through the manufacturer.

4.) Availability of Goods 
Information regarding the pricing and availability of goods/products may be changed, amended or updated without prior notice. OCTIVA GEAR will use its best endeavours to comply with the date named for despatch or delivery which date is given and intended as estimate only and is not to be the essence of the contract of sales. If owing to non-availability of the goods or any other causes beyond our control, OCTIVA GEAR shall be unable to effect delivery hereunder it shall be at liberty to determine the contract or part thereof by giving notice in writing to the customer.

5.) Payment and Pricing
OCTIVA GEAR reserve the rights to vary the quoted price for the goods by upward additions in accordance with market conditions at the date of actual supply and the purchaser shall pay such additions in addition to the quoted price. As such, Price Lists do not constitute an offer. All invoices are due for payment on the date shown on the invoice.

6.) Property and Risk
For so long as any amounts remain owing from the purchaser to OCTIVA GEAR (whether immediately due or not) title to the property of the goods shall remain in the vendor and ownership will not pass to the purchaser until OCTIVA GEAR has received payment in full. In the event of the purchaser reselling the goods, if OCTIVA GEAR has not received all amounts owing to it, the purchaser shall account to OCTIVA GEAR for the proceeds of any such sale and meanwhile will hold all proceeds of such sale of such goods upon trust of OCTIVA GEAR until the we have received such amounts in full.

7.) Design Variation
Whilst OCTIVA GEAR makes every effort to ensure that goods supplied correspond to in every respect with the sample, specification or description provided as the case may be, we shall not be responsible for the minor variations in specification, in colour or other design features, and no such minor variation shall entitle the purchaser to rescind the contract or shall be the subject of any claim against OCTIVA GEAR by the purchaser.

8.) Guarantee
The purchaser shall, unless otherwise, in writing, be responsible for all carriage, telephone, postal and other incidental charges/ surcharges incurred or applicable during the guarantee period.

9.) Intellectual Property
Unless otherwise indicated, all website design, text and graphics are the sole Property & Copyright of OCTIVA GEAR.

All rights reserved. Except as stated herein, none of the material may be copied, downloaded, displayed, posted, transmitted, used or reproduced, in whole or part, in any form or by any means for any purpose unless such use is permitted by OCTIVA GEAR.


All other trademarks, brand names, or product names belong to their respective holders.

10.) Returned Goods
(a) OCTIVA GEAR shall not accept goods for credit or rectification unless such return has been authorised by a director, and the goods are received by us in stock condition, with original packaging and we retains the right at its sole discretion whether to accept the return of the goods or whether to rectify the goods or whether to issue a credit note in respect thereof. OCTIVA GEAR also reserves the right to charge a restocking fee on goods returned for credit which are not in stock condition.

(b) The purchaser shall unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned by the purchaser to OCTIVA GEAR for service or credit which goods shall be at the risk of the purchaser until actual receipt of the goods by OCTIVA GEAR. The onus of proof of safe delivery shall rest with the purchaser.

(c) All items returned to OCTIVA GEAR by prearrangement and found to contain no fault, will be subject to a 25% restocking charge, provided that the goods are in original stock condition. Any downward variation of this restocking charge shall be at the sole discretion of OCTIVA GEAR.

(d) No credit shall be allowed for goods until they have been received complete.

11.) External Links
This website (
www.octivagear.com) may contain various links to other Internet sites such as other affiliation sites and sites that may provide advice or other goods and services which are operated by third party vendors. The provision of these links do not mean that we endorse or accept any responsibility for the content, use, or products and services made available through the associated websites. By utilising these links, you acknowledge and agree that we are not responsible for the actions, content, accuracy, privacy, policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledge and agree that we are not responsible either directly or indirectly for any damage or loss caused by the use of or reliance on linked sites. Should you have any questions or enquiries regarding these sites, you should address them directly to the relevant site administrator.

12.) Dispute Resolution
Any dispute arising in connection with these Terms of Use or in connection with the use of the OCTIVA GEAR website which cannot be resolved in good faith or through negotiations shall be referred to mediation or arbitration.

13.) Refunds
For a refund after payment for orders that has been made & received, there will be a 4% cancellation fee of the total amount paid. This is subject to only orders with pending or processed status. Orders that has been fully shipped shall be non-refundable.

14.) No Unlawful or Prohibited Use
As a condition of using this website, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this website for any purpose that is unlawful or prohibited in law or by these terms, conditions and notices. You agree:

(a)   Not to upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, libelous, invasive of anyones privacy, or to or that incites hate, or racial displeasure, ethnic displeasure or otherwise objectionable.

(b)  Not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

(c) Not to collect or store personal data about other users.

(d) Not to interfere with or disrupt the service or services or networks connected to the service, or disobey any requirements, procedures, policies or regulations of the networks connected to the service.

15.) Submissions
Any material, information or ideas you transmit or post on this site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by or its related and affiliated companies for any purposes whatsoever, including, but not limited to, reproduction, transmission, publication, broadcast, posting, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to OCTIVA GEAR will be handled in accordance with our Privacy Policy. OCTIVA GEAR has no responsibility to respond to messages posted at this site.

16.) Security
We acknowledge that shopping on the Internet security is of paramount importance to you. We guarantee that all reasonable precautions to protect your  transactions have been taken so that you can have as safe and secure a shopping experience as can be reasonably provided.

When an order is placed, transactions are encrypted using Secure Sockets Layer (SSL) encryption technology. Encryption scrambles the information transmitted across the Internet, including names and address. SSL also verifies the identity of the server and confirms that the original message arrives safely at its destination.

17.0) Privacy Policy
Our Privacy Policy is to address the type of information we collect, its usage, management, protection and stored. This policy is strictly put in effect to protect the general security and safety within OCTIVA GEAR which includes registered members and potential customers who browses and utilise www.octivagear.com site. We DO NOT advocate or condone to unethical online practices such as, without limitation, spamming, phishing, browser hijacking and spyware.

This Privacy Policy shall be subject to changes, modification, and updated from time to time at our discretion in accordance to conditions that we see fit without prior notice. Changes made to this policy shall be posted and updated herein. Therefter these changes shall be enforce, applicable and in effect instantly and immediately. Thus we recommend you to read it thoroughly to fully understand your privalleges and rights. The onus shall be on you to monitor any changes posted from time to time.

All registered, provided and collected information for the use on this site shall only be used by OCTIVA GEAR and non of these information provided shall be disclosed to any third parties, organizations, corporations, entity unless otherwise the third party are deemed fit by OCTIVA GEAR. Important information such as IC numbers and mobile numbers shall be kept confidential and treated seriously. However, OCTIVA GEAR shall co-operate with the law if the registrant, person, individual or groups through the direct or indirect use of our website was/were found to have commited any unlawful offences such as and not limited to the following:

(a) online fraud

(b) cyber hacking

(c) online scams

Personal information collected by us are solely and strictly to help us understand your needs so that we provide you with better support and service.

17.1) Registration Obligation

  1. Registration shall be mandatory and compulsory in order to fully utilise the features and functions of this site.
  2. You shall provide true, accurate, current and complete information as prompted and as required by the registration form.
  3. You shall maintain and promptly update the registration data to keep it true, accurate, current & complete.

All registered members must employ a confidential password, which you will need, together with the login ID that was registered in order to log on to the password protected areas of this website. The onus is on you to maintain and safeguard the confidentiality of any identification number, PIN or password provided. You shall immediately notify OCTIVA GEAR of any unauthorised use of these Identifiers, or any other breach of security. You are fully responsible for all activities that occur under these Identifiers. OCTIVA GEAR shall not be responsible for any misuse of your account by someone who uses your Identifiers.

17.2) Termination 
You agree that OCTIVA GEAR, in its sole discretion, may terminate your password, account (or any other part thereof) or use of the service, and remove and discard any content within, for any reason, including, without limitation, for lack of use or if OCTIVA GEAR believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.

17.3) How do we use your information
Your personal information may be used by us for a number of purposes including, without limitation, research and statistical analysis and marketing. In terms of marketing, from time to time we may send out promotional and marketing materials, great product offers or new website features to users who are 18 years and above.

17.4) Sharing your personal information with third parties
Unless otherwise specified or required by law or unless it is necessary for the purposes of performing services with respect to your use of this website, we will not share your personal information with third parties, like your name, identification number, contact details and the value of the purchases you have made.

18.) Laws
In the event that any provision(s) contained in these Terms of Use is held to be invalid or unenforceable for any reason, such invalidity or exceptions shall not affect the remainder of the terms which shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s) had never existed. OCTIVA GEAR' failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any terms, provision or right.

19.) Revision / changes of Terms & Condition
The terms and conditons are non-exhaustive and are subject to revision / changes without prior notice at the full discretion of OCTIVA GEAR.

  • Light & Motion
  • Underwater Kinectics
  • Gerber
  • Dive Rite
  • SUUNTO
  • Akona
  • Genesis Scuba
  • Silva
         
ALL RIGHTS RESERVED. OCTIVA GEAR™ ONLINE STORE © 2017