1. Application and Scope

• By visiting and/or using the Website, including without limitation by placing Orders for Products through the Website, the Customer agrees to be bound by this Cancellation and Returns Policy (the Policy).
• This Policy must be read with the Supplier’s Terms and Conditions, available on the Website at www.novamarine.co.za (the Terms). Capitalised terms contained in this Policy, unless otherwise defined, bear the meaning assigned to them in the Terms.
• In the event of a conflict between the Terms and this Policy, the Terms will prevail to the extent of the conflict (unless the conflict is as a result of the provisions of applicable law, in which case those provisions shall prevail).
• This Policy sets out the Supplier’s generally applicable policy in relation to returns and cancellations. In respect of any particular Transaction, the Customer may have alternate or additional rights in terms of applicable law (which might include without limitation the Customer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002), which applicable law shall prevail over the provisions of this Policy to the extent of any conflict and to the extent that the Parties are precluded from contracting out of the provisions of that law.
• A summary of some of the rights which may be applicable is annexed to this Policy marked “Annexure A”.
• In the event that the Customer requires any clarification of the Customer’s cancellation and/or return rights, the Customer should contact the Supplier.

2. Cancellations

The Customer shall be entitled to cancel any Order at any time before it is accepted by the Supplier and a Transaction is entered into.

3. Cancellation Fee

Any cancellation of an Order by the Customer will attract a 10% administration fee.

4. Returns of Defective or Incorrect Products

• If a Product is found to be defective, not fit for purpose, or not as described, the Customer may return it to the Supplier for a repair, replacement or full refund, at the election of the Supplier.
• If the Customer receives the incorrect Product, the Customer must notify the Supplier within 1 business day of delivery of the Product and thereafter return the Product to the Supplier. If the Supplier confirms the error, the Supplier will arrange to replace the incorrect Product for the one ordered (or provide the Customer with a refund if a replacement is not reasonably possible).

5. Other Returns

Whether to accept a return other than a return contemplated by clause 4 is within the sole and absolute discretion of the Supplier.

6. Non-returnable Products

• Except where a Product is defective, all Products which by their nature cannot (either safely or at all, in each instance determined by the Supplier acting reasonably) be re-stocked and re-sold will not be accepted for return by the Supplier. These Products include, without limitation:
• all pyrotechnic Products; and
• all water and food rations.
• Products marked as “on sale” or as subject to any similar arrangement are non-returnable.

7. Return Condition

Products must be returned unused and in their original packaging, or otherwise in resalable condition as determined by the Supplier.

8. Time of Return

The Supplier does not accept returns made or tendered more than 14 days after delivery of the Product.

9. Return and Cancellation Procedures

• To initiate a return or cancellation, the Customer must email the Supplier at cancellations@novamarine.co.za setting out the appliable Order number and a reason for the return (if a return is requested).
• The Supplier will thereafter provide the Customer return instructions, should the Customer be entitled to a return.

10. Return Costs

• The Supplier shall not be liable for any costs of returning the Product to the Supplier (including without limitation any courier costs incurred by the Customer)
• Notwithstanding clause 1, the Supplier shall be entitled to recover from the Customer any costs incurred by the Supplier in arranging for the return of the Product, should it elect to incur those costs (including without limitation any courier costs incurred by the Supplier).
• Where a return is accepted as a result of delivery of a defective Product or the incorrect Product, the Supplier will cover the reasonable costs of return (and, where applicable, replacement).

11. Refund Procedures

• If payment was made by credit card, any refund will be made back to the same card.
• If payment was made by electronic funds transfer, a refund will be made by electronic funds transfer to an account specified by the Customer against receipt of proof of account details satisfactory to the Supplier.
• The Supplier shall use reasonable commercial endeavours to process all refunds within 7 business days of receipt of the returned Product in accordance with the Supplier’s return instructions.

12. Supplier’s General Discretion

Save to the extent contemplated by this Policy and/or the Terms, all other matters related to the acceptance of cancellations and/or returns, the granting of refunds, and the terms and conditions upon which returns may be accepted and refunds granted shall be within the sole discretion of the Supplier.

13. Amendments to this Policy

• The Supplier may, in its sole discretion, change this Policy or any part thereof at any time without notice.
• The Policy in force at the time that an Order is placed by the Customer shall apply.

Annexure A – Summary of Certain Returns Provisions

1. Definitions and Interpretation

• In this Annexure A, capitalised terms (unless otherwise defined) bear the meaning assigned to them in the Policy, and:
• “CPA” means the Customer Protection Act 68 of 2008.
• “ECTA” means the Electronic Communications and Transactions Act 25 of 2002.
• “CPA Transaction” means a Transaction governed by the CPA (typically being any Transaction other than a Large Customer Transaction), which may include an ECTA Transaction.
• “ECTA Transaction” means a Transaction governed by ECTA (typically being a Transaction in terms of which the Customer is a natural person (i.e. a human being)).
• “Large Customer Transaction” means a Transaction which is not governed by the CPA or ECTA (typically being a Transaction in terms of which the Customer is a juristic person (e.g. a company) whose asset value or annual turnover, at the time of the Transaction, equals or exceeds R2 000 000,00).
• This Annexure A is provided for the convenience of the Customer and is intended to summarise some of the applicable provisions of the CPA and ECTA. It is not intended to exhaustively describe all possible rights and remedies of the Customer under applicable law.

2. ECTA Transactions

• If the Transaction is an ECTA Transaction, then:
• The Customer shall be entitled to cancel the Transaction, without penalty, within 7 days of receipt of the Product by the Customer; provided that the Supplier shall be entitled to levy a charge representing the direct cost of the Products being returned; provided further that the Customer shall not be entitled to Cancel the Transaction if:
• the Product is a Product which cannot be returned by reason of its nature or which is likely to deteriorate or expire rapidly;
• the Product is a foodstuff, beverage or other good intended for everyday consumption; or
• the Product otherwise falls within section 42(2) of ECTA.
• If the Supplier has failed to deliver the Product within the period contemplated by the Transaction Agreement, the Customer may cancel the Transaction Agreement on 7 days’ written notice.
• If the Supplier refuses an Order or a Transaction is cancelled in circumstances where the Customer has already made payment, the Supplier shall refund the payment made within 30 days of refusal or cancellation.

3. CPA Transactions

If the Transaction is a CPA Transaction, then:

• Defective Products
  • The following applies in respect of defective products:
• The Customer shall be entitled to return the Product to the Supplier within 6 months of delivery, if the Product:
• is not reasonably suitable for the purpose for which it is generally intended;
• is not of good quality, in good working order and free of any defects;
• is not useable and durable for a reasonable period of time, having regard to the use which it would normally be put and to all the surrounding circumstances of its supply; and/or
• does not comply with any applicable standards set under the Standards Act 29 of 1993, or any other public regulation,
• except to the extent that:
• the Product has been altered contrary to the instructions, or after leaving the control, of the Supplier; or
• the Customer was expressly informed that the Product was offered in a specific condition, and expressly agreed to accept the Product in that Condition, or knowingly acted in a manner consistent with accepting the Product in that condition.
• Where a Product is so returned, it shall be returned at the Supplier’s risk and expense, and, at the Customer’s direction, the Supplier shall either:
• repair or replace the failed, unsafe or defective Product; or
• refund to the Customer the price paid by the Customer for the Product.
• Non-Conformance Returns

The following applies in respect of non-conformance returns:

• The Customer shall be entitled, at the Supplier’s risk and expense and within 10 business days of delivery of the Product, to return Product to the Supplier, and receive a full refund of any consideration for the Product, if the Supplier has delivered:
• a Product which the Customer did not have an opportunity to examine before delivery, and the Customer has rejected delivery of the Product on the basis that the Customer is not satisfied that the Product is of a type and quantity reasonably contemplated in the Transaction Agreement, and if purchased by the Customer solely on the basis of a description (it being recorded that the Seller does not sell Products based on samples), that the Products delivered correspond in all material respects and characteristics to that which an ordinary alert consumer would have been entitled to expect based on the description; or
• a Product intended to satisfy a particular purpose communicated to the Supplier and, within 10 business days after delivery to the Customer, the Product has been found to be unsuitable for that particular purpose.
• The Customer shall not be entitled to return the Product if:
• public regulation prohibits the return of the Product to the Supplier; or
• after being supplied to the Customer, the Product has been partially or entirely disassembled, physically altered, permanent installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property.
• The amount refundable to the Customer shall be reduced in the following manner:
• If the Product is returned in the original unopened packaging, no charge will be imposed.
• If the Product is returned in the original condition and repackaged in the original packaging, the Supplier may raise a raise a reasonable charge for:

1. use of the Product during the time it was in the Customer’s possession, unless it is a Product that is ordinarily consumed or depleted by use, and no such consumption or depletion has occurred; or
2. any consumption or depletion of the Product, unless that consumption or depletion is limited to a reasonable amount necessary to determine whether the Product was acceptable to the Customer.

• If any other case, the Supplier may raise a reasonable charge for:

1. the matters set out in clause 2(c)(ii); plus
2. necessary restoration costs to render the Product fit for re-stocking, unless, having regard to the nature of the Product, and the manner in which it was packaged, it was necessary for the Customer to destroy the packaging in order to determine whether the Product conformed to the description provided or were fit for purpose, as the case may be.