Introduction
These Terms & Conditions govern your use of the Beyond The Surface website and any order you place with BTS Pte Ltd, referred to in these terms as “Beyond The Surface”, “BTS”, “we”, “us” or “our”. By using this website, creating an account or placing an order, you agree to these terms. If you do not agree, please do not use the website or place an order.
These terms do not exclude, restrict or modify any right or remedy that cannot lawfully be excluded under applicable consumer law.
1. Eligibility and Customer Information
You must have legal capacity to enter into a binding contract, or have the permission of a parent or legal guardian, to place an order. You agree to provide accurate, complete and current contact, billing and delivery information. You may check out as a guest or create a customer account.
2. Products and Availability
We aim to describe and display each product accurately. Screen settings, photography and lighting may affect how colours appear. Washed fabrics and printed garments may also have minor variations in colour, texture, placement and finish. These characteristics are part of the product unless they amount to a defect or the product does not conform to its description.
Products, fabrics, sizes and customization options are subject to availability. We may correct an error, update product information or withdraw an item before accepting an order.
3. Sizing and Care
Size guides are provided as a reference. Fit may vary by fabric, cut and personal preference. Please review the measurements and product details before ordering. You are responsible for selecting the size and fabric that suit your requirements.
Follow the care instructions supplied with the product. Damage caused by misuse, improper washing, alteration, ordinary wear or a failure to follow care instructions is not a manufacturing defect.
4. Orders and Contract Formation
Submitting an order is an offer to purchase the selected products. An automated acknowledgement confirms that we received the order, but does not by itself mean that we have accepted it. A binding contract is formed when we confirm acceptance or dispatch the order, whichever occurs first.
We may decline or cancel an order before acceptance for reasons including unavailable stock, an obvious pricing or product error, unsuccessful payment, suspected fraud, unlawful customization or delivery restrictions. If payment has already been collected for a cancelled order, we will refund the affected amount to the original payment method where reasonably possible.
5. Prices and Payment
Prices are displayed in Singapore dollars unless stated otherwise. Applicable taxes, delivery charges and other mandatory fees will be shown before you place an order where they can reasonably be calculated. Your bank or payment provider may apply conversion or transaction charges that we do not control.
Payment may be offered by credit card, PayPal, Wise, PayNow or another method displayed at checkout. Payment services are also subject to the provider’s terms. You confirm that you are authorised to use the selected payment method.
6. Personalized Products
You are responsible for checking the spelling, punctuation, capitalization and content of any text submitted for printing. We may refuse content that is unlawful, abusive, discriminatory, defamatory, misleading, infringes another person’s rights or is otherwise unsuitable for production.
Once production begins, a personalized order may not be changed or cancelled. Personalized products cannot ordinarily be returned or exchanged because of a change of mind or an error in text supplied by the customer. This does not affect your rights where an item is defective, damaged, incorrectly produced by us or otherwise does not conform to the order.
7. Shipping and International Orders
Delivery availability, charges and estimates are shown at checkout or in the order confirmation. Delivery dates are estimates unless we expressly agree otherwise. Delays may occur because of customs, carriers, weather, peak periods or events outside our reasonable control.
International orders may be subject to import duties, taxes, customs charges or local handling fees. Unless checkout expressly states that these amounts are included, the recipient is responsible for paying them. You are responsible for confirming that products and customization content may lawfully be imported into the destination country.
Contact us promptly if a parcel arrives damaged, an item is missing or tracking indicates a delivery problem. Please retain the product, packaging and photographic evidence while we investigate with the carrier.
8. Returns, Exchanges and Refunds
Any Returns and Exchanges Policy published on our website or provided with your order forms part of these terms. Eligibility may depend on the product, its condition and whether it was personalized. Before returning an item, contact us for instructions and do not send it to a production or delivery partner without our authorization.
Nothing in our returns process limits any remedy available to you under applicable law for goods that are defective, damaged, incorrectly supplied or do not conform to their description. Where a refund is due, we will generally return it to the original payment method unless another method is required or agreed.
9. Customer Accounts
You are responsible for keeping account credentials confidential and for activity conducted through your account. Notify us promptly if you suspect unauthorised access. We may suspend or close an account used unlawfully, fraudulently or in breach of these terms.
10. Reviews, Photographs and Community Content
If you submit a review, photograph, caption or other content, you confirm that it is truthful, lawful, your own or properly licensed, and does not infringe another person’s rights. You retain ownership of your content.
By submitting content directly to us, or giving us permission to feature content from Instagram or another platform, you grant BTS a non-exclusive, worldwide, royalty-free licence to reproduce, display, adapt for format and share that content for our website, social channels and related brand communications. You may ask us to stop future use by contacting us, although material already printed or published may not be capable of immediate withdrawal.
We may moderate, decline or remove content, but are not required to publish every submission. Reviews must reflect genuine experience. Incentives, if any, will not depend on a positive review.
11. Intellectual Property
The website and its branding, artwork, product designs, photographs, text, graphics and other original material are owned by or licensed to BTS and are protected by applicable intellectual property laws. You may browse the website and retain order records for personal, non-commercial use. You may not reproduce, sell, modify, distribute or commercially exploit our material without prior written permission.
12. Acceptable Use
You must not:
- Use the website for an unlawful or fraudulent purpose.
- Attempt to gain unauthorised access to any system or account.
- Introduce malicious code or interfere with website security.
- Scrape, harvest or extract website content at scale.
- Misrepresent your identity, payment authority or order details.
- Use our designs, branding or content to create counterfeit goods.
13. Apparel and Diving
Beyond The Surface apparel is not diving equipment, personal protective equipment or a substitute for appropriate exposure protection, training, planning or professional advice. Editorial and community content is governed by our separate Disclaimer.
14. Website Availability and Third Parties
We may update, suspend or discontinue website features. We do not guarantee that the website will always be available or free from errors. Links to Instagram, Facebook, payment providers and other third-party services are provided for convenience. Their services are governed by their own terms and policies.
15. Disclaimer and Limitation of Liability
To the fullest extent permitted by law, the website is provided on an “as available” basis. We do not promise uninterrupted access or that all website content will always be complete, current or free from technical error.
To the fullest extent permitted by law, BTS is not liable for indirect, incidental, special or consequential loss arising from use of the website or a product. Nothing in these terms excludes or limits liability where doing so would be unlawful, including any non-excludable consumer right or liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence where such liability cannot lawfully be excluded.
16. Privacy
Our Privacy Policy explains how we collect, use, disclose and protect personal data. It forms part of your use of the website and should be read together with these terms.
17. Changes to These Terms
We may update these terms to reflect changes in our products, website, business practices or legal obligations. The version that applies to an order is the version in effect when that order is placed. The current version and effective date will remain available on this page.
18. Governing Law
These terms are governed by the laws of Singapore. The courts of Singapore will have jurisdiction, subject to any mandatory rights you may have under the laws of your country of residence.
19. Contact Us
For questions about these terms, an order or a customer-service matter, contact BTS Pte Ltd at hello@btsdiver.com.