Refund & Returns Policy

Ocean Marine Village (Pty) Ltd (“Ocean Marine Village”, “OMV”, “we”, “us” or “our”) is committed to supplying quality marine products, equipment and services.

This Refund & Returns Policy explains when products purchased from Ocean Marine Village may be returned, exchanged, repaired or refunded.

This Policy applies to purchases made through our website and, where applicable, purchases made directly from Ocean Marine Village.

Nothing in this Policy is intended to exclude, restrict or waive any rights that a consumer may have under the Consumer Protection Act 68 of 2008 (“CPA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), or other applicable South African law.

Where applicable law gives you rights that conflict with a provision of this Policy, the applicable law will prevail.

Except where a consumer has a statutory right to return or cancel a purchase, Ocean Marine Village does not generally accept returns or provide refunds merely because a customer:

• Has changed their mind;
• No longer wants or needs the product;
• Has purchased the incorrect product;
• Has subsequently found the product elsewhere at a different price;
• Has selected an incorrect size, specification, model or application where the correct information was provided before purchase; or
• Has otherwise decided not to keep the product for reasons unrelated to a defect, incorrect supply or other statutory right.

OMV may, at its sole discretion and on a case-by-case basis, agree to accept an unwanted product for return or exchange.

Any discretionary return is subject to OMV’s prior approval and does not create an obligation for OMV to accept similar returns in future.

This section does not limit any return, cancellation or cooling-off right that applies under South African law.

Certain electronic transactions may qualify for a statutory cooling-off period under ECTA.

Where the statutory cooling-off right applies, a consumer may cancel a qualifying electronic transaction within the period prescribed by law without providing a reason, subject to the applicable requirements and exclusions.

Where permitted by law, the consumer may be responsible for the direct cost of returning the goods to Ocean Marine Village.

Certain transactions are excluded from statutory cooling-off rights. These may include, among others, goods:

• Made to the customer’s specifications;
• Specifically customised or personalised for the customer;
• Which, by their nature, cannot reasonably be returned; or
• Falling within another exclusion prescribed by applicable law.

Nothing in this section extends the statutory cooling-off right to a transaction to which it does not legally apply.

Marine products are frequently ordered, configured or sourced for a particular vessel, motor, installation or customer requirement.

Unless otherwise required by law, OMV does not accept change-of-mind returns of:

• Special-order products;
• Products specially imported or sourced for a customer;
• Custom-made products;
• Customised or modified products;
• Products cut, altered or manufactured to specification;
• Components ordered for a specific boat, motor or application;
• Products that have been installed, fitted or rigged;
• Electrical or electronic equipment that has been installed or altered; or
• Products that cannot reasonably be resold as new.

Customers are responsible for checking specifications, compatibility and requirements before confirming a special order.

Where OMV has expressly recommended a product for a specific purpose disclosed by the customer, any statutory rights applicable to that recommendation remain unaffected.

Ocean Marine Village aims to supply goods that are reasonably suitable for their intended purpose, of good quality, in good working order and free from defects, subject to the nature, age and disclosed condition of the goods.

Where the CPA applies and a product fails to meet the standards required by the CPA within the statutory warranty period, the consumer may be entitled to return the product and elect the remedy available under applicable law, which may include:

• Repair;
• Replacement; or
• Refund.

OMV may inspect or arrange an assessment of a returned product to determine the nature and cause of the alleged defect.

Nothing in this Policy reduces the statutory warranty or remedies available to a consumer under the CPA.

Subject to applicable law, a product will not ordinarily be regarded as defective merely because of:

• Normal wear and tear;
• Normal deterioration associated with marine use;
• Damage caused by misuse or abuse;
• Accident or impact damage;
• Negligence;
• Incorrect operation;
• Failure to follow operating, maintenance or installation instructions;
• Unauthorised repairs or alterations;
• Installation by an unauthorised or unsuitable third party;
• Incorrect maintenance;
• Failure to service equipment as required;
• Corrosion, environmental exposure or deterioration where this is attributable to use, storage or maintenance rather than an inherent product defect;
• Electrical damage caused by incorrect wiring, incorrect voltage, surges or improper installation;
• Damage caused by using incompatible components or accessories; or
• A characteristic or condition that was specifically disclosed to the customer before purchase.

These exclusions do not apply where the relevant condition constitutes a defect or failure for which OMV is legally responsible under applicable consumer law.

If Ocean Marine Village supplies a product that is materially different from the product ordered, please contact us as soon as reasonably possible.

Once the issue has been verified, OMV will arrange the appropriate remedy in accordance with applicable law, which may include:

• Supplying the correct product;
• Replacing the incorrect product; or
• Refunding the applicable purchase price.

Where the error was made by Ocean Marine Village, the customer will not be required to bear return delivery costs that the law requires OMV to bear.

Customers should inspect delivered products as soon as reasonably possible after receiving them.

If a parcel or product appears to have been damaged during delivery, please:

• Photograph the outer packaging before opening it where possible;
• Photograph the damage to the product;
• Retain the packaging, labels and delivery documentation; and
• Contact Ocean Marine Village as soon as reasonably possible.

This information assists OMV in investigating the matter with the courier.

Claims involving goods damaged, lost or mishandled in transit will be assessed in accordance with the circumstances of the transaction, the applicable courier arrangements and South African law.

Nothing in this Policy excludes any liability or remedy that cannot lawfully be excluded.

Further information regarding delivery and courier arrangements is contained in our Shipping & Delivery Information.

Certain products sold by Ocean Marine Village may carry additional warranties supplied by the manufacturer, distributor or importer.

These warranties may apply to products including:

• Outboard motors;
• Marine electronics;
• Navigation equipment;
• Fish finders;
• Radios and communications equipment;
• Batteries;
• Trolling motors;
• Pumps;
• Accessories; and
• Other marine equipment.

Manufacturer warranties may contain their own registration, servicing, installation, maintenance and claim requirements.

Any manufacturer’s warranty is additional to, and does not replace, statutory rights that cannot lawfully be excluded.

Where appropriate, Ocean Marine Village may assist customers with legitimate warranty claims for products supplied by us.

Ocean Marine Village sells certain pre-owned boats, motors, trailers and marine equipment.

The condition, age, usage, known defects and relevant characteristics of pre-owned goods may differ substantially from new goods.

Where applicable, these details will be disclosed through the product listing, sales documentation, inspection process or communications with the customer.

A condition, defect or characteristic that was specifically disclosed to and accepted by the customer before purchase will be considered when determining whether a subsequent complaint constitutes a defect under applicable law.

Nothing in this section excludes any statutory protection that legally applies to the sale.

Where a product is lawfully or voluntarily accepted for return, customers should return, where reasonably applicable:

• The complete product;
• Original accessories;
• Manuals;
• Cables;
• Components;
• Promotional items supplied with the product;
• Warranty documentation; and
• Original packaging where available.

Products should be appropriately packaged to prevent damage during return transportation.

OMV reserves its rights under applicable law where a returned product has been damaged, altered, used beyond what was reasonably necessary, or returned incomplete.

Customers should contact Ocean Marine Village before sending a product back.

Please provide:

• Your name;
• Order or invoice number;
• Product details;
• Reason for requesting the return;
• Details of the alleged fault or problem, where applicable; and
• Photographs or supporting information where relevant.

OMV will provide further instructions after reviewing the request.

Sending a product to OMV without prior communication does not automatically mean that the return or refund has been approved.

Where a refund is legally required or has been approved by Ocean Marine Village, it will be processed using an appropriate payment method.

Where reasonably possible, refunds will be made to the original payment method or account used for the transaction.

Processing times may depend on the payment provider or financial institution.

Delivery, return or other charges will be refunded where required by applicable law. Where a return is discretionary rather than legally required, any delivery or return costs will be dealt with according to the terms agreed when OMV approves the return.

OMV may agree to an exchange where appropriate.

Exchanges are subject to:

• Product availability;
• Inspection of the returned product;
• Any statutory rights applicable to the transaction; and
• Payment or refund of any price difference where appropriate.

A discretionary exchange does not create an automatic right to exchange other products.

Ocean Marine Village may reasonably require proof that the product was purchased from OMV before processing a return, warranty claim, exchange or refund.

Proof may include:

• An OMV invoice;
• Order confirmation;
• Receipt;
• Transaction record; or
• Other information reasonably sufficient to identify the transaction.

To request a return, refund, exchange or warranty assessment, contact:

Please contact us before returning or couriering a product.

This Policy must be interpreted consistently with applicable South African consumer-protection legislation.

Nothing contained in this Policy is intended to:

• Require a consumer to waive a right that cannot legally be waived;
• Avoid a statutory warranty;
• Prevent a consumer from exercising a lawful remedy; or
• Exclude liability where such liability cannot lawfully be excluded.

Where a provision of this Policy conflicts with a mandatory provision of applicable South African law, the mandatory legal provision will prevail.