Terms & Conditions

Welcome to Ocean Marine Village.

These Terms & Conditions (“Terms”) govern your use of the Ocean Marine Village website and, where applicable, purchases, enquiries, quotations, orders and other transactions concluded with Ocean Marine Village through the website.

The website is operated by:

Ocean Marine Village (Pty) Ltd (“Ocean Marine Village”, “OMV”, “we”, “us” or “our”)

Company Registration Number: 2019/552514/07
VAT Number: 4180297931
Physical Address: Plot 693, 369 Boschkop Road, Pretoria East, South Africa
Telephone: +27 12 803 1631
Email: info@oceanmarinevillage.com
Website: oceanmarinevillage.com

By using this website or purchasing products or services through it, you agree to these Terms to the extent permitted by applicable law.

These Terms must be read together with our:

• Privacy Policy;
• Refund & Returns Policy; and
• Shipping & Delivery Information.

Nothing in these Terms is intended to exclude, restrict or waive rights that cannot lawfully be excluded under South African law.

These Terms are governed by the laws of the Republic of South Africa.

Relevant legislation may include, where applicable:

• The Consumer Protection Act 68 of 2008 (“CPA”);
• The Electronic Communications and Transactions Act 25 of 2002 (“ECTA”);
• The Protection of Personal Information Act 4 of 2013 (“POPIA”); and
• Other applicable South African legislation.

If a provision of these Terms conflicts with a mandatory provision of applicable law, the mandatory legal provision will prevail.

You may use the Ocean Marine Village website for lawful purposes, including:

• Browsing products;
• Viewing boats and outboard motors;
• Viewing marine equipment and accessories;
• Requesting information;
• Contacting Ocean Marine Village;
• Requesting quotations;
• Placing eligible online orders; and
• Accessing information about OMV’s products and services.

You may not use the website:

• For unlawful or fraudulent purposes;
• To interfere with its security or operation;
• To introduce malicious software or code;
• To gain unauthorised access to systems or information;
• To impersonate another person;
• To submit false or misleading information; or
• In any manner that infringes the rights of Ocean Marine Village or another person.

Ocean Marine Village takes reasonable steps to ensure that product information displayed on the website is accurate and useful.

Information may include:

• Product descriptions;
• Specifications;
• Model information;
• Engine information;
• Dimensions;
• Features;
• Accessories;
• Images;
• Videos;
• Availability; and
• Pricing.

Marine products and specifications may be changed by manufacturers without notice.

Where manufacturer specifications are supplied to OMV, we may rely on that information when preparing product listings.

Minor differences between website information and the supplied product may occur where manufacturers update specifications, packaging, components or product designs.

Nothing in this section limits a consumer’s rights where a product materially differs from what was represented or agreed.

Product photographs and other images are intended to provide a reasonable representation of the relevant product.

Colour, scale and appearance may vary depending on:

• Screen settings;
• Photography;
• Lighting;
• Product year or model;
• Manufacturer updates; and
• Optional equipment.

Images may occasionally show accessories or optional equipment that are not included in the advertised price.

Customers should refer to the written product description and quotation to determine what is included.

Where there is uncertainty regarding equipment included with a boat, motor or other product, please contact OMV before completing the purchase.

Boats listed on the Ocean Marine Village website may include:

• New boats;
• Pre-owned boats;
• Boat-and-motor packages;
• Boats supplied with trailers;
• Boats fitted with optional equipment; and
• Boats offered on behalf of or sourced through third parties where applicable.

Each boat is sold according to the specifications, equipment and conditions applicable to that particular listing and transaction.

Unless specifically stated otherwise, equipment shown in photographs should not automatically be assumed to be included in the sale.

The final quotation, invoice or sales agreement will determine what is included in the transaction.

Pre-owned boats, motors, trailers and equipment are sold according to their actual condition, age, usage and disclosed specifications.

Pre-owned products may show:

• Wear;
• Cosmetic marks;
• Previous use;
• Age-related deterioration;
• Previous repairs or modifications; or
• Other characteristics reasonably associated with used marine equipment.

Where OMV is aware of a material condition or defect that should reasonably be disclosed, we will endeavour to disclose it before sale.

Customers are encouraged to inspect pre-owned boats, motors, trailers and equipment before purchase where reasonably possible.

Any inspection opportunity, disclosure or acceptance of a known condition does not remove statutory consumer rights that legally apply to the transaction.

Prices displayed on the Ocean Marine Village website are expressed in South African Rand unless otherwise stated.

Prices may be changed from time to time.

Where applicable, prices will be presented in accordance with South African tax and consumer law.

A price displayed online does not necessarily constitute acceptance of an order.

If an obvious or genuine pricing error occurs, OMV will contact the customer before completing the transaction where required or permitted by law.

We will not knowingly attempt to enforce a price that has been displayed deceptively or in contravention of applicable consumer law.

Certain products and services may require a quotation rather than immediate online checkout.

This is particularly relevant to:

• Boats;
• Outboard motors;
• Boat-and-motor packages;
• Rigging;
• Repowering;
• Workshop work;
• Electronics installations;
• Beach kits;
• Specialist marine equipment;
• Special orders; and
• Large or customised products.

Unless stated otherwise on the quotation, quotations are subject to:

• Stock availability;
• Supplier availability;
• Validity periods stated on the quotation;
• Changes in manufacturer or supplier pricing;
• Exchange-rate movements where relevant;
• Confirmation of specifications; and
• Any other conditions stated on the quotation.

The quotation itself will form part of the terms governing the relevant transaction once accepted.

Submitting an order through the website constitutes an offer by the customer to purchase the selected product or products.

An order is subject to:

• Product availability;
• Successful payment or agreed payment arrangements;
• Verification where reasonably required;
• Delivery availability;
• These Terms; and
• Any product-specific conditions.

Where permitted by law, OMV may decline or cancel an order where there is a legitimate reason to do so, including suspected fraud, unavailable stock, an obvious error or inability to supply the product.

If OMV cancels an order after receiving payment and no alternative arrangement is agreed, the amount due to the customer will be refunded.

Available payment methods may be displayed during checkout or communicated by Ocean Marine Village.

An order will generally not be dispatched until payment has been received or confirmed, unless OMV has agreed to alternative payment terms.

Customers are responsible for ensuring that payment information supplied is accurate and that they are authorised to use the selected payment method.

OMV does not intentionally retain complete payment-card details where payments are processed securely by an independent payment service provider.

The payment provider’s terms and privacy practices may also apply.

Ocean Marine Village reserves the right to take reasonable steps to verify an order or payment where fraud or unauthorised activity is suspected.

This may include requesting reasonable additional information before processing or dispatching an order.

OMV may refuse or cancel a transaction where there are reasonable grounds to suspect fraud or unlawful activity, subject to applicable law.

All products are subject to availability.

An item displayed on the website may occasionally become unavailable before the website stock status has been updated.

Where OMV cannot supply an ordered product, we will contact the customer and, where appropriate, offer:

• A suitable alternative;
• A backorder;
• A later supply date; or
• Cancellation and refund of the unavailable item.

The customer is not required to accept an alternative product.

Certain marine equipment may be specially sourced, ordered, imported, manufactured or configured for a particular customer, boat, motor or installation.

Customers are responsible for carefully checking specifications before confirming a special order.

Special-order, customised and specially sourced products may not qualify for ordinary change-of-mind returns.

This does not remove any statutory right that applies under South African law.

Please refer to our Refund & Returns Policy for further information.

Shipping, courier delivery, collection, oversized goods, damaged deliveries and related matters are governed by our Shipping & Delivery Information.

Eligible products are generally delivered using The Courier Guy or another appropriate courier, freight provider or specialist transporter.

Boats, trailers, outboard motors and other oversized products may require separate collection or transport arrangements.

Any delivery timeframe provided is an estimate unless a specific delivery date has expressly been agreed.

Nothing in these Terms transfers risk or responsibility earlier than permitted under applicable South African law.

Returns, refunds, repairs, replacements and exchanges are governed by our Refund & Returns Policy and applicable South African law.

OMV does not generally provide change-of-mind returns unless:

• OMV agrees to the return at its discretion; or
• The customer has a statutory right to cancel or return the transaction.

Nothing in these Terms limits rights available under the CPA, ECTA or other applicable legislation.

Products may be covered by:

• Statutory warranties;
• Manufacturer warranties;
• Distributor warranties; or
• Additional written warranties supplied with a particular product.

Manufacturer warranties may contain requirements relating to:

• Installation;
• Registration;
• Servicing;
• Maintenance;
• Approved parts;
• Approved service providers; and
• Correct operation.

Customers should comply with applicable warranty requirements.

Manufacturer or supplier warranties are additional to statutory rights that cannot lawfully be excluded.

Marine equipment often requires specialist installation, configuration or rigging.

Customers should ensure that products are appropriate for their intended application.

Where OMV provides professional advice based on information supplied by a customer, the customer should provide complete and accurate information concerning the boat, motor, electrical system, intended use and other relevant circumstances.

Incorrect installation may:

• Damage equipment;
• Affect performance;
• Create safety risks; and
• Affect manufacturer warranty coverage where permitted by law.

OMV recommends professional installation where appropriate.

Where Ocean Marine Village performs installation or rigging work, the specific quotation, job card or service agreement may contain additional terms applicable to that work.

Workshop, rigging, repair, repowering, installation and related services may be subject to:

• Inspection;
• Diagnosis;
• A quotation or estimate;
• Parts availability;
• Supplier lead times;
• Customer approval;
• Job-card terms; and
• Additional work discovered during the service.

An initial estimate may change if additional defects, damage or required work become apparent after inspection or disassembly.

Where additional chargeable work is materially outside the approved scope, OMV will seek appropriate authorisation before proceeding where required.

Customers are responsible for providing accurate information when:

• Placing an order;
• Requesting a quotation;
• Selecting equipment;
• Arranging delivery;
• Booking workshop services; or
• Requesting advice.

This may include accurate information regarding:

• Boat model;
• Motor model;
• Serial numbers;
• Electrical system;
• Dimensions;
• Intended application;
• Delivery address; and
• Contact details.

OMV will not be responsible for a problem caused solely by materially incorrect or incomplete information supplied by the customer, except where applicable law provides otherwise.

Boating and marine equipment involve inherent risks.

Customers are responsible for:

• Operating boats and equipment safely;
• Following manufacturer instructions;
• Using required safety equipment;
• Complying with applicable boating regulations;
• Ensuring that operators have any legally required certification;
• Maintaining equipment appropriately; and
• Obtaining professional assistance where required.

Nothing on the OMV website should be interpreted as replacing manufacturer safety instructions, professional marine advice or legally required training.

The Ocean Marine Village website may contain:

• Product information;
• Boating information;
• Fishing information;
• Tips;
• Articles;
• Guides; and
• General educational content.

General website content is provided for informational purposes and may not account for the specific circumstances of every vessel, installation or user.

Where safety, compatibility or technical suitability is material, customers should obtain advice specific to their application before acting.

Ocean Marine Village sells and works with products manufactured by third parties.

All third-party trademarks, product names, logos and brands remain the property of their respective owners.

References to third-party brands do not imply ownership by Ocean Marine Village.

Unless otherwise stated, the content of the Ocean Marine Village website, including its:

• Text;
• Graphics;
• Layout;
• Website design;
• Original photography;
• Videos;
• Logos;
• Icons;
• Marketing material; and
• Other original content

is owned by or lawfully licensed to Ocean Marine Village and is protected by applicable intellectual property laws.

You may not reproduce, republish, distribute, modify, commercially exploit or otherwise use OMV-owned content without permission, except where permitted by law.

The website may contain links to or integrations with third-party websites and services.

These may include:

• Payment providers;
• Courier providers;
• Manufacturers;
• Suppliers;
• Social media platforms;
• Mapping services; and
• Other online services.

Ocean Marine Village does not control independent third-party websites.

Use of third-party services may be subject to their own terms and privacy policies.

Ocean Marine Village processes personal information in accordance with our Privacy Policy and applicable South African data-protection law.

Our Privacy Policy explains:

• What personal information we collect;
• Why we process it;
• How it may be shared;
• How it is protected;
• How long it may be retained; and
• The rights available to data subjects.

By contacting OMV electronically or using the website, you acknowledge that communications may take place electronically.

Transactional communications may include:

• Order confirmations;
• Payment information;
• Delivery updates;
• Quotation correspondence;
• Workshop communications; and
• Customer-service messages.

Marketing communications are separately governed by applicable direct-marketing requirements and our Privacy Policy.

To the maximum extent permitted by South African law, Ocean Marine Village will not be liable for indirect, incidental or consequential losses arising solely from circumstances outside its reasonable control.

Nothing in these Terms is intended to exclude or limit liability where doing so would be unlawful.

In particular, nothing in these Terms:

• Excludes statutory consumer rights;
• Excludes liability for gross negligence where such exclusion is prohibited;
• Removes statutory product warranties;
• Limits a remedy that cannot legally be limited; or
• Requires a consumer to waive rights protected by applicable law.

Ocean Marine Village aims to keep its website available and functioning correctly but does not guarantee uninterrupted access.

The website may occasionally be unavailable because of:

• Maintenance;
• Updates;
• Hosting interruptions;
• Technical problems;
• Security incidents;
• Infrastructure failures; or
• Circumstances outside our reasonable control.

We may modify, suspend or discontinue website features where reasonably necessary.

Despite reasonable efforts, the website may occasionally contain:

• Typographical errors;
• Incorrect specifications;
• Incorrect stock information;
• Incorrect images;
• Pricing errors; or
• Other unintended inaccuracies.

OMV reserves the right to correct genuine errors.

Where an error materially affects an order already placed, we will contact the customer and deal with the transaction in accordance with applicable law.

Promotions, discounts and special offers may be subject to additional terms.

Unless otherwise stated:

• Promotions apply for the stated period;
• Offers are subject to availability;
• Promotional discounts cannot necessarily be combined;
• Promotions may apply only to selected products; and
• Product-specific exclusions may apply.

Where promotion-specific terms conflict with these Terms, the promotion-specific terms will apply to that promotion, subject to applicable law.

Competitions conducted by Ocean Marine Village may be governed by separate competition rules.

Participation in a competition constitutes acceptance of the applicable competition rules.

Where required by law, competition-specific terms will be made available to participants.

To the extent permitted by law, Ocean Marine Village will not be liable for a failure or delay caused by circumstances beyond its reasonable control.

These may include:

• Natural disasters;
• Flooding;
• Severe weather;
• Fire;
• Civil unrest;
• Strikes;
• Transport disruption;
• Supplier disruption;
• Import or customs delays;
• Government restrictions;
• Infrastructure failures;
• Telecommunications outages; or
• Other extraordinary events outside OMV’s reasonable control.

OMV will take reasonable steps to minimise the impact of such circumstances where practical.

Ocean Marine Village may update these Terms from time to time to reflect changes in:

• Our website;
• Products and services;
• Business operations;
• Technology;
• Payment or delivery arrangements; or
• Applicable law.

The current version will be published on the Ocean Marine Village website.

Changes will apply from the effective or updated date displayed on the published version, subject to applicable law and transactions already concluded.

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the extent reasonably necessary to comply with applicable law.

The remaining provisions will continue to apply.

A failure or delay by Ocean Marine Village in enforcing a right under these Terms does not automatically constitute a waiver of that right.

For questions regarding these Terms, an order, product or service, please contact:

These Terms must be interpreted in accordance with applicable South African law.

Nothing in these Terms is intended to require a consumer to waive a right or protection that cannot lawfully be waived.

Where a mandatory provision of South African law conflicts with these Terms, the mandatory legal provision will prevail.