1. Definitions

In these Terms:

• “Customer” means the person using the Website and/or placing Orders.
• “Order” means an order for products placed by the Customer through the Website.
• “Parties” means the Supplier and the Customer.
• “Products” means products offered for sale by the Customer through the Website.
• “Supplier” means the person described in clause 4 of these Terms.
• “Terms” means these terms and conditions.
• “Transaction” means an agreement for the sale of Products by the Supplier to the Customer which arises as a result of the Supplier accepting an Order.
• “Transaction Agreement” bears the meaning assigned to it in clause 10 of these Terms.
• “Website” means the Supplier’s website(s) on which these Terms appear.

2. Application

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 these Terms.

3. Export Restriction

The offering on this website is available to South African consumers only.

4. Supplier Particulars

The Supplier is a Novatech Proprietary Limited, a business in the marine industry that offers marine safety and survival equipment, with the following details:

• Full Name: Novatech Proprietary Limited
• Legal Status: A private profit company duly registered and incorporated in accordance with the company laws of the Republic of South Africa
• Physical Address: 96 Marine Drive, Paarden Eiland, Cape Town, South Africa, 7405
• Telephone Number: +27 21 506 4300
• Website Address: novamarine.co.za
• Email Address: nmservice@novamarine.co.za
• Registration Number: 1975/001613/07
• Names of Directors: Nicola Ann Truter and Andrew Leng Sturrock
• Place of Registration: Grindrod Mews, 106 Margaret Mncadi Avenue, Durban, KwaZulu-Natal, South Africa, 4001

5. Sale of Product

• Each Order shall be open for acceptance by the Supplier until such time as it is cancelled by the Customer in accordance with these Terms.
• Whilst the Supplier shall use reasonable commercial endeavours to accept any Order placed, the Supplier shall be entitled to refuse to accept any Order for any reason, including without limitation a lack of availability of stock of the Product Ordered. If the Supplier refuses to accept an Order, then no Transaction shall occur (and no Transaction Agreement shall come into effect) merely by reason of the Customer having placed the Order. The Supplier shall also be entitled to cancel any Transaction where it becomes impossible for the Supplier to perform or becomes unreasonably onerous (in the discretion of the Supplier) for the Supplier to perform.
• The Supplier shall be deemed to have accepted an Order upon the earlier of:
• notification to the Customer that the Order has been accepted and the Product Ordered will be delivered, or any other notification which reasonably conveys that intention; and
• dispatch of the Product Ordered by the Supplier.
• Upon acceptance of an Order, the Parties shall have concluded a Transaction in terms of which the Supplier sells to the Customer, who/which purchases, the applicable Product(s) in terms of the Transaction Agreement.
• Ownership of, and risk in and to, the Product shall pass to the Customer upon delivery of the Product to the Customer.

6. Price and Other Charges

• The price for the Product shall be the price stipulated in the Order which is accepted.
• In addition to the price, the Customer shall be liable to pay to the Supplier any other amount specified in (or determinable from) the Transaction Agreement which is specified as being payable by the Customer.

7. Payment Terms and Payment Options Accepted

• Unless otherwise agreed in writing between the Parties (including without limitation by specification in the Order which is accepted by the Supplier), all amounts payable by the Customer to the Supplier shall be immediately payable in cash in advance.
• Payment for goods or services offered by the Supplier through the Website may be made:
• by Visa or Mastercard;
• by InstantEFT, Snapsan, Apply Pay, Samsung Pay, Zapper or Mobicred; or
• by electronic funds transfer into the Supplier’s bank account, the details of which will be provided by the Supplier upon request.
• Card transactions will be acquired for the Supplier via Payfast by Network who are the approved payment gateway for all South African Acquiring Banks. Payfast by Network uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to https://payfast.io/ to view their security certificate and security policy.
• All payments by the Customer must be made free of any deduction, set-off or withholding whatsoever.

8. Customer Details Separate from Card Details

Customer details will be stored by the Supplier separately from card details which are entered by the client on Payfast by Network’s secure site. For more details on Payfast by Network refer to www.payfast.io.

9. Merchant Outlet Currency and Transaction Currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

10. Governing Terms of the Transaction

• Each Transaction will be governed by:
• the Order;
• these Terms;
• the Supplier’s Delivery Policy from time to time, available at
  • novamarine.co.za/policies
  • (the Delivery Policy);
• the Supplier’s Cancellation and Returns Policy from time to time, available at
  • novamarine.co.za/return-policy
  • (the Returns Policy);

• the Supplier’s Manual in terms of the Promotion of Access to Information Act 2 of 2000 from time to time, available at
  • novamarine.co.za/wp-content/uploads/2025/05/ SGM_PAIA_Manual.pdf

(the PAIA Manual); and

• the Supplier’s Privacy Notice from time to time, available at
  • novamarine.co.za/wp-content/uploads/2025/06/Privacy-notice.pdf

(the Privacy Notice),

(collectively, the Transaction Agreement).

• Each Transaction Agreement and a full record of the Transaction may be accessed by the Customer by email request to the Supplier for a period of 6 months following delivery of the Product.

11. Delivery and Time of Performance

• If a Transaction is concluded, the Supplier will deliver the Product in accordance with the Order and at the cost specified in (or determinable from) the Order.
• The Delivery Policy will apply; provided that in the event of a conflict between the Delivery Policy and these Terms, these Terms will prevail to the extent of the conflict.
• Subject to availability and receipt of payment, requests will be processed within 5 business days and delivery confirmed by way of waybill number. All deliveries will be coordinated through the Supplier’s chosen courier service at the rates indicated.

12. Cancellations, Returns, Exchanges and Refunds

The Returns Policy will apply; provided that in the event of a conflict between the Returns Policy and these Terms, these 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).

13. Responsibility

The Supplier takes responsibility for all aspects relating to the Transaction including sale of goods and services sold on the Website, customer service and support, dispute resolution and delivery of Products.

14. Warranties

• The Supplier gives no warranties, representations or undertakings in respect of the Product (including without limitation as to whether the Product is free from defects and/or suitable for any particular purpose) except to the extent that:
• any such warranty, representation or undertaking is expressly given on the Website in connection with the Product or is otherwise expressly included in the Transaction Agreement; and/or
• the Supplier is deemed or required to have given the warranty, representation or undertaking in terms of applicable law (including without limitation the Customer Protection Act 68 of 2008 if applicable) and it is not open to the Parties to have contracted out of the Supplier giving the warranty, representation or undertaking.
• Products may be covered by warranties given by third parties, including the manufacturer thereof. The Supplier shall not be responsible for any failure by any third party to honour any warranty given by any third party in respect of any Product.

15. Errors and Omissions

To the extent permitted by applicable law, the Supplier shall not bear any liability for any losses or claims of whatsoever nature and howsoever arising out of or in connection with any inadvertent errors, omissions or mistakes in, or negligence in respect of, the contents of the Website or a Transaction Agreement, or for ordinary (but not gross) negligence in the implementation of a Transaction Agreement.

16. Customer Privacy Policy

• The Supplier shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “Personal Information” shall be defined as detailed in the Protection of Personal Information Act 4 of 2013 (POPIA). The Payfast by Network Privacy Policy may be accessed on: https://payfast.io/privacy-policy/ .
• The Supplier’s PAIA Manual and Privacy Notice shall apply; provided that in the event of a conflict with these Terms, these Terms will prevail to the extent of the conflict.

17. Country of Domicile

The Website and these Terms are governed by the laws of South Africa, and the Supplier chooses as its as its domicilium citandi et executandi for all purposes under these Terms, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 96 Marine Drive, Paarden Eiland, Cape Town, South Africa, 7405.

18. Dispute Resolution

The Supplier does not subscribe to any alternative dispute resolution code.

19. Amendments to these Terms

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