Product successfully added to your shopping cart
Quantity
Total
There are 0 items in your cart. There is 1 item in your cart.
Total products
Total shipping  To be determined
Total
Continue shopping Proceed to checkout

FATHOM OUTDOORS TERMS & CONDITIONS

As with all terms and conditions, these get a bit technical and we’re sorry if they sound rather formal. However, they are pretty standard and designed to enhance your e-shopping experience and make it as easy and secure as possible.

The terms and conditions apply to the use of the fathomdiving.com website. By placing an order with us, you are agreeing to accept these terms and conditions (The Conditions).

Please note, these terms and conditions can potentially change at any time, and it is up to you to check these terms and conditions regularly before ordering products in case there are any changes. If you do not agree with the terms and conditions set out below, you should not use or access these websites.

If you have any queries relating to our terms and conditions, please contact the Customer Service team before placing an order.

 

General Information

fathomdiving.com is the website of Fathom Outdoors Ltd, Pelagic House, Flightway, Dunkeswell, Honiton, Devon, EX14 4RB. Registered VAT number 586 3057 18. The following terms and conditions will apply between you and Fathom Outdoors Ltd, when you buy an item from fathomdiving.com. The terms do not affect your statutory rights.

  • Your contract for purchases made through fathomdiving.com is with Fathom Outdoors Ltd and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.
  • You warrant that all details you provide to fathomdiving.com for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
  • You agree that e-mail can be used as a long-distance means of communication.
  • During the registration process, you must choose a username and password. You are responsible for all actions taken under that username and password and must only purchase from fathomdiving.com under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If there are any changes to the details supplied by you it is your responsibility to inform Fathom Outdoors Ltd as soon as possible.
  • It is a crime to use a false name or a known invalid credit card to order. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law. Fathom Outdoors Ltd tracks the electronic 'fingerprints' of every order placed on fathomdiving.com to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on or using our website.
  • Fathom Outdoors Ltd reserve the right to end our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:-
    • you fail to make payment to us when due
    • you breach any of our terms and conditions
    • when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity
    • we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on fathomdiving.com

Your responsibilities if you break these Conditions

You agree that if you break these Conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.

Ordering

  • When placing an order, you agree that any and all information given is accurate and complete.
  • All orders are subject to acceptance and product availability.
  • Availability information for products is listed on each individual product description. If fathomdiving.com does not have enough stock to deliver the goods you have ordered, we will not charge your credit or debit card until the items are back in stock and ready to be despatched.
  • All prices listed on fathomdiving.com are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. All prices include sales tax
  • No contract for the sale of any product will exist between you and fathomdiving.com until we accept your order by dispatching the product to you. When this happens, we will confirm the acceptance by sending you an email
  • This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including VAT and P&P) and usual delivery times.
  • You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
  • If your order has not been accepted, you will receive an email from us telling you the reasons why.
  • Discount vouchers, codes and offers cannot be used on sale products.

 

Delivery

  • We aim to cover all areas with our Express and Premium delivery services, but unfortunately it cannot be guaranteed in certain areas. These include Northern Ireland, Isle of Man, Channel Islands, Isles of Scilly, the Scottish Highlands and Islands.
  • The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.
  • If your delivery address is outside of the UK, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from country to country. We recommend you contact your local customs office for further information.
  • Please note international shipments may be subject to cross-border inspections by customs authorities.

 

Payment

  • Prices quoted are based on UK delivery. For non-UK deliveries local tax will apply and the price may be adjusted at checkout.
  • fathomdiving.com accept most major credit and debit cards and PayPal.
  • All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

If you to choose to pay by PayPal, you can either:

  • Login to your fathomdiving.com account as usual (recommended) and once in checkout, select PayPal. You will then be directed to PayPal where you will login in to your PayPal account and complete the order.
  • Use our guest checkout option. Using this option, you will only have to login once – into your PayPal account and not into your fathomdiving.com account. However, you will not be able to see these orders in your online account.

All PayPal orders are charged when we despatch your items.

 

Gift Vouchers

  • You may exchange Fathom Gift Vouchers, to the value indicated, wholly or partly for items listed from time to time in our catalogue and on our website (www.fathomdiving.com).
  • Fathom Gift Vouchers and unused portions of Fathom Gift Vouchers, expire one year from the date of issue.
  • Fathom Gift Vouchers cannot be exchanged for cash or for goods already supplied or ordered.
  • Any unused balance will be retained in your account and will be available to spend on a future order.
  • If your order exceeds the value of the Gift Voucher, the balance must be paid by debit or credit card.
  • If you return an item supplied in exchange for a Gift Voucher, we will credit your account with the value of the item. No cash refunds will be given.
  • You cannot use a Gift Voucher to purchase Fathom Gift Vouchers.
  • We regret that we cannot re-issue lost, stolen, mislaid or damaged Gift Vouchers.
  • Our normal terms & conditions of purchase (as varied by these terms and conditions) apply to items supplied in exchange for a Gift Voucher.
  • E-Gift Vouchers will be sent to the email address of the person who is receiving the voucher – please make sure they’ll be happy to hear from us.

 

Cancelling an Order/Returns Procedure

  • If you haven’t submitted an order, you may clear the items in your shopping basket at any time by clicking the ‘Bin’ button next to the product quantity of whih you do not wish to purchase in your shopping basket.
  • If you have placed an order but then wish to change or cancel it, please contact us as soon as you can, as orders move rapidly through to our warehouse. We will try our best to make any changes but we cannot guarantee that we will be able to do so as the order may already have been processed. In such cases, you may have to wait until you receive the order and then follow the normal Returns procedures. You will find more information about this in our Returns section.
  • Once we've heard from you that you wish to cancel an order, any sum debited to us from your credit or debit card will be re-credited to that credit or debit account within 14 days of your order, provided the goods you return are in the same condition that they were when delivered to you. You will be liable to any charges incurred when returning the goods to fathomdiving.com, unless the return is as a result of an error on our side.
  • We're sorry but we are not able to offer exchanges on orders. Please return your item(s) for a refund and place a new order.
  • If you are in the European Union and you cancel your order within fourteen days after the day you get your goods, and you cancel the whole order, we will refund the standard postage and packing costs you paid as part of that order (if any), in accordance with the Consumer Contracts Regulations. If you paid for premium or express delivery, we will only refund the cost of standard delivery. You will have to pay the costs of sending the order back to us. We will not refund any postage and packing charges if you cancel after the fourteen days allowed under the Consumer Contracts Regulations or if you only cancel part of your order.

Contract cancellation

  • You can cancel this contract if you so wish, provided that you exercise your right to do so within fourteen working days after the day on which you receive the products.
  • If you wish to cancel your order, please follow the procedure set out in our Returns Procedure.

 

Returns & Exchanges Procedure

We offer a no quibble returns policy, meaning you can return your purchase within 14 days of the day after receipt of your order for a full refund.  Please complete the Returns Form and include it with your returned item, this helps us to process your return quickly.  The product must be in its original packing including any labels/tags, it must be unused and in new condition. Please remember, you are responsible for the goods until they are received by us, therefore, we would recommend ensuring it is adequately wrapped to avoid damage in transit, obtaining proof of postage as well as insuring the goods for their full value.  We are not responsible for the cost of returning the goods back to us.

If you are in the European Union, in accordance with the Consumer Contracts Regulations, if you cancel your order within fourteen days of the day after receipt of the goods, and you cancel the whole order, we will refund standard postage and packing costs you paid (if any) as part of that order. If you paid for a premium or express delivery service, we will only refund the cost of standard delivery. We will not refund any postage and packing charges if you cancel after the fourteen days allowed under the Consumer Contracts Regulations or, if you only cancel part of your order.

Custom made or customised items are not included in our returns and refund policy and therefore will not be accepted for a refund.  This includes any Dry Suits which are non-standard, have had extras fitted or had alterations as requested by you, including non-standard boot or sock sizes fitted.

Simply complete our Returns Form and include it with your returned goods.  Your refund will be processed as soon as possible, however, please allow up to 14 days during busy periods.

  • We cannot accept returns on swimwear from which the hygiene strip has been removed, unless they’re actually faulty.

 

Privacy

Please see our Privacy Policy for further details.

 

Liability

  • We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
  • If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on fathomdiving.com is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.
  • In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 14 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
  • We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product.
  • The products sold on fathomdiving.com are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from fathomdiving.com
  • We have taken every measure to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
  • We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
  • We make no warranty that our website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
  • To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
  • We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
  • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • Any loss of goodwill or reputation; or
  • Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

 

Copyright

All rights, including copyright, in the content of the fathomdiving.com web pages are owned or controlled by Fathom Outdoors Ltd. In accessing fathomdiving.com web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the fathomdiving.com web pages for any other purpose whatsoever without the prior written permission of Fathom Outdoors Ltd.

 

Third Party Information

We cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Fathom Outdoors Ltd products are those stated on the Fathom material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.

 

 

 

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

 

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Fathom Outdoors Ltd and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

 

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

 

Sending us your photos

Photographs you post

  • You grant to Fathom Outdoors Ltd and/or its related entities the right to use your photograph, name, likeness and other submissions including (but not limited to) those you have tagged with #fathomdiving, #fathomoutdoors, #findyourfreedom, #fathom or any other hashtags that relate to the Fathom brand in perpetuity and for any marketing, advertising and promotional purposes, including use on www.fathomdiving.com and the Fathom social media pages. Fathom Outdoors Ltd may use, reproduce, distribute, alter and/or edit in any manner it chooses in its sole discretion.
  • You are responsible for the content of any photos that you post.
  • Any photo you post will be available to anyone with access to our website or social media sites.
  • For your own protection and that of the rights of others you are advised not to post personal information about yourself or others within your photos e.g home address; home telephone number; mobile etc.
  • Posting of confidential information is prohibited. If you are aware that or think that your photo may include confidential information then do not post it.
  • You may not use your photo to advertise commercial businesses and services.
  • Advertisements, chain letters, pyramid schemes, and requests for money are prohibited.
  • This is for individual use only. Companies or corporations may not post photos, nor should individuals use the site to promote organisations with whom they have a professional connection.
  • Fathom Outdoors Ltd will choose which photographs it wishes to use. By posting a photograph, there is no guarantee that Fathom Outdoors Ltd will choose to use it.

 

Respect for Others

  • Photos should not attack, intimidate or invade the privacy of other people.
  • Please do not post photos of anyone without their permission (or, if they include children, without the child’s parent or guardian’s permission).
  • Do not to post any material which may be discriminatory or cause offence on the grounds of an individual's sex, race, religion or belief, ethnic or national origin, sexual orientation, age, marital status, disability, working status (part-time, fixed term).
  • You may not post any material or links to any material which is knowingly false and/or defamatory, inaccurate, abusive, harassing, obscene, profane, threatening or otherwise in violation of the law.

 

Copyright and Third Party Rights

  • You own the copyright to the material you post but you agree to grant us perpetual, royalty-free, non-exclusive rights to publish your entry on any media.
  • You agree that you will not use this forum to post any copyright material which is not your own without the express permission of the copyright holder.

 

Restricting Access

  • We reserve the right to remove photographs for any user who persistently breaks these rules.

 

Complaints

If you wish to make a complaint regarding a photograph i.e. that it is objectionable, in breach of copyright or otherwise in breach of these Rules then please contact us at info@fathomdiving.com. If a formal complaint is made against you, we reserve the right to refuse to further posts from you. While fathomdiving.com has control over its own gallery, where a photograph is posted on third party sites (eg social media) it may be out of Fathom Outdoors Ltd control whether or not it can require the removal of a photograph. In such cases, you will need to contact the third party website directly.

 

Disclaimer

Photographs posted to this site are those of the individual and in no way represent the views of Fathom Outdoors Ltd. We reserve the right to remove any photograph for any reason whatsoever in our sole discretion.

 

How to post a photograph

Method  – Hashtag use (#fathomdiving, #fathomoutdoors, #fathom, #findyourfreedom or any other hashtags that relate to the Fathom brand) on Instagram.
Users can tag a photo of themselves with one of our brands on Facebook or Instagram simply by tagging us @fathomdiving

This use of the hashtags will pull images in to our approval tool and images that abide to the brand guidelines may be published on the site. If published, their social handle will become their username and their profile photo will be made public. Visitors will be able to click on the profile image or username to be taken to view the users’ social account.