Terms & Conditions

INTRODUCTION

The following terms and conditions set out the basis on which all goods are sold by SCUBA.co.za a division of Virtual Ocean, owned by Move on up cc, of 462B Fleetwood Ave, Northriding AH, Northriding equestrian Estates, Northriding, Randburg, Gauteng, South Africa, dive@scuba.co.za, registered in South Africa in 2003 VAT No: 4110214386 (“We”, “Us”, “Our”), to the purchaser, (“You”, “Your”), from Our websites (“the Site”).

These terms and conditions, together with Our Privacy Policy and any order form or payment instructions comprise the whole agreement between You and Us in relation to each order that We accept from You.

All purchases of goods from the Site will be governed by these terms and conditions to the exclusion of any other terms.

By browsing the Site or submitting an order You agree to be bound by these terms and conditions.

By placing any order You acknowledge that You have not relied on any statement, warranty or representation other than those which are made in these terms and conditions, Our Privacy Policy, any order form or any payment instructions.

YOUR ACCOUNT

You accept that You are responsible for ensuring the accuracy of any information supplied by You. Failure to supply accurate, up to date personal information that results in a delay or non-delivery of Your order shall be entirely Your responsibility for which We accept no liability.

It is Your responsibility to take reasonable steps to protect Your account from unauthorised access and ensure that Your password is kept secure and confidential. Should You have reason to believe that Your password security or account has been compromised it is Your responsibility to inform Us immediately and take action to prevent further breaches via Your systems.

We reserve the right to edit or remove content from reviews, restrict or refuse access to, or terminate accounts and cancel pending orders at Our absolute discretion. Cancelled orders will not be charged.

ORDERS

When placing an order with Us, You are making an offer to purchase. We will send You an Order Confirmation email to acknowledge Your offer. Your offer is considered accepted by Us only when We despatch the goods and send You a Despatch Confirmation email. Any goods on the same order not despatched and confirmed in a Despatch Confirmation email do not form part of that contract.

We reserve the right to reject any offer at Our discretion at any time prior to acceptance. Rejected orders will be refunded in full or not charged.

Any advice or recommendation given by Us is followed or acted upon entirely at Your own risk.

The quantity, quality and description of any specifications for the goods shall be those set out in the Site. You should be aware that although all reasonable steps are taken to ensure accuracy of descriptions and images on the Site, We cannot guarantee accuracy.

We reserve the right to correct errors and omissions in any price or other information without any liability.

Goods on the Site may only be sold to persons aged 18 or over. In placing an order for any such goods, You represent and warrant that You are at least 18 years old. We reserve the right to refuse any order where satisfactory proof of age has not been provided.

It is Your responsibility to ensure that You hold any relevant qualifications from a recognised training organisation before purchase.

PAYMENT

For orders placed using a debit / credit card and though our payment gateways will charged once the order is placed. Orders cancelled prior to despatch will be refunded in full.

Failure to collect the funds successfully may result in delayed acceptance of Your order or cancellation.

Payments will show on Your statement as either “Virtual Ocean” or “Payfast / Virtual Ocean” or “our URL”

Your payment method will be debited in South African Rands.

We aim to protect legitimate payment card account holders from fraud and therefore will report to the relevant authorities any person using, or attempting to use, a payment method without apparent authority.

DELIVERY

Due to limited availability of some of the goods We sell, a particular item may be out of stock. We accept no liability for delays caused by goods being out of stock. If You have requested multiple shipments, We will debit the second and any subsequent shipment’s carriage charges from Your card.

Times to despatch shown on the website are an estimate only. We shall not be liable for delays caused by matters outside of Our control.

Delivery will be advised at the time of submitting Your order, but please allow up to 30 days for delivery. In stock items will generally be dispatched within 2 working days day, out of stock goods may take longer.

Please notify Us promptly if any goods are faulty, damaged, incomplete or incorrectly supplied. A delay in notifying Us does not remove or limit any statutory rights that apply.

The cost of delivery shipment will be displayed at the shopping basket and checkout prior to submitting Your order. The cost is dependent on destination country and service level selected. Not all services are available in all locations. We reserve the right not to ship to all countries/destinations.

For a new order delivered by door-to-door courier to a South African address, delivery is free when the order subtotal is R950 or more. A flat R85 delivery charge applies when the order subtotal is below R950. The applicable amount is shown in Your cart and again at checkout before You pay.

This new-order delivery offer covers the first delivery of Your purchase only. It does not include collection or replacement-delivery charges for a non-faulty return or size or colour exchange.

Risk of damage to, or loss of, the goods shall pass to You at the point at which they are delivered to You.

For South African couriered consignments, We reserve the right to charge a R150 Redirection fee to any address other than the delivery address specified in Your order. If no South African delivery address is specified in Your order consignments will automatically be sent to the South African billing address.

We will provide You with an expected delivery date when We despatch Your order. It is Your responsibility to ensure that someone is available at the address to sign for the delivery should it be required. We accept no liability for delays in You receiving the order, due to no signature being available at the address provided. Expected date of delivery is estimated and may be subject to change due to adverse conditions.

NON-DELIVERY

In the unlikely event of non-delivery of Your order, You agree to undertake reasonable steps, as requested by Us in order to resolve the situation for You as quickly as possible. Steps may include, but are not limited to;

confirming with Your local delivery centre that no consignments are being held for You;

ensuring that someone is available to take delivery at the address provided, and

providing Us or Our delivery partners declaration of non-delivery upon request.

Although every effort will be made by Us to ensure that non-delivery, issues are resolved as quickly as possible,

Failure by You to complete and return declarations of non-delivery as requested by Us or Our partners that results in the rejection of Our compensation claim, will result in You being debited for the current retail value of the missing items.

It is Your responsibility to inform Us as soon as practicable (but no more than seven days), of subsequent delivery of goods previously refunded or replaced due to non-delivery.

Failure by You to return or make available for collection, goods previously refunded or replaced but subsequently delivered, will result in Your being debited for the current retail value of the items.

AVAILABILITY AND PRICING

All prices listed in Our catalogues or on the Site are subject to change without prior notice.

Although every effort is made by Us to ensure that the prices displayed in Our catalogues or on the Site are correct, mispricing can occur. Under these circumstances, We reserve the right, at Our discretion, either to contact You for instructions or cancel Your order and notify You accordingly.

We accept no liability whatsoever for delays as a result of stock level inaccuracies.

Where items are not in stock and a timescale for availability is provided, this timescale is an estimate, not a guarantee and should not be relied upon. We will notify You if items are subsequently delayed or unavailable from the supplier. We accept no liability for delays from Our suppliers.

CANCELLATION AND STATUTORY RIGHTS

You may withdraw Your offer to buy at any time before We despatch the goods by contacting Us at dive@scuba.co.za.

Where section 44 of the Electronic Communications and Transactions Act 25 of 2002 applies to an online purchase of goods, You may cancel the transaction without giving a reason or incurring a penalty within seven days after receiving the goods. Under that statutory cooling-off right, You are responsible only for the direct cost of returning the goods, and We will refund the payments made for the transaction within 30 days after receiving notice of cancellation.

Some goods or transactions may be excluded from that cooling-off right by law. Nothing in these terms limits any rights or remedies You have under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 or other applicable South African law.

To request a cancellation or return, email dive@scuba.co.za with Your order number, the item concerned and the reason for the request, where applicable.

VOLUNTARY 28-DAY RETURNS

In addition to any statutory rights, We offer a voluntary return period for eligible non-faulty goods. You may request a change-of-mind return within 28 days from the date on which We despatch the goods. Gift cards and E-gift cards are excluded.

To qualify under this voluntary policy, the item must be unused, clean, undamaged and in as-new condition, with its original product packaging, tags, labels, accessories and manuals. You may inspect or try on the item only as reasonably necessary to check its fit, nature and characteristics.

For a non-faulty return accepted under this voluntary policy, We will refund the purchase price paid for the eligible goods after receipt and inspection, less the original delivery amount shown and paid at checkout and the return courier charge if We arrange collection. If the original order received free delivery, the original delivery amount shown and paid at checkout is R0. We will disclose the return collection charge in writing before booking it. These voluntary-policy deductions do not apply where contrary to a statutory right or where the goods are verified as faulty, damaged, incomplete or incorrectly supplied.

RETURN COURIERS, PACKING AND INSPECTION

If We arrange collection for a non-faulty return or exchange, We will send the collection details and applicable charge in writing before booking. If You arrange Your own return courier, You pay that courier directly and must use suitable outer packaging, tracking and adequate insurance until the parcel is delivered to Us.

Protect the product and its retail packaging inside suitable outer packaging. Do not attach a courier label directly to the product's retail packaging.

We inspect returned items before approving a refund or sending a replacement. If a non-faulty return is used, incomplete or damaged beyond reasonable inspection, We will contact You with the evidence and available options. This condition requirement does not limit Your rights for faulty, damaged, incomplete or incorrectly supplied goods.

SIZE OR COLOUR EXCHANGES

You may request a different size or colour of the same item, subject to stock availability and the returned item passing inspection. A non-faulty exchange normally requires two courier trips: collection of the original item from You and delivery of the replacement item to You.

You are responsible for both courier charges. The R85 delivery charge, or free delivery, that applied to Your original order does not include or determine these exchange charges.

We calculate and quote the collection and replacement-delivery charges separately according to the collection and delivery destinations and the packed parcel's weight and dimensions. We will give You the combined quote in writing before booking the collection and will proceed only after You accept and pay the quote.

If You arrange and pay for Your own return courier, You must still accept and pay the quoted replacement-delivery charge before We send the replacement.

An exchange is limited to an alternative size or colour of the same item. If You want a different product, the eligible returned item will be handled as a return and the different product must be placed as a new order. We will not reuse Your original payment information without Your express authorisation.

REFUNDS

Before We book a non-faulty return, We will state in writing which courier charge You must pay or which permitted amount will be deducted from the refund. We will not make an undefined deduction described only as “courier costs”.

We process an approved refund after the returned goods have been received and inspected, using the original payment method unless another lawful method is agreed. We aim to complete this within 14 days after inspection and will always comply with any statutory deadline that applies.

FAULTY, DAMAGED, INCOMPLETE OR INCORRECT GOODS

If an item arrives faulty, damaged, incomplete or different from what You ordered, contact Us promptly at dive@scuba.co.za or 083 645 3191. Include Your order number, a description of the problem and photographs where helpful.

We will assess the issue without limiting Your rights under South African consumer law. For a verified faulty, damaged, incomplete or incorrectly supplied item, We will arrange and pay the reasonable courier cost of collecting the item and, where applicable, delivering the replacement or completing the approved refund process. Do not pay for or send the item with Your own courier unless We agree to this in writing.

Where the Consumer Protection Act applies, the available remedy may include repair, replacement or refund as provided by law. We may reasonably inspect or refer the item to an authorised expert to verify the reported issue, but that process does not remove or limit Your statutory rights.

WARRANTY CLAIMS

Contact Us first for a warranty claim. We will tell You whether the item must be sent to Us, an authorised distributor or the manufacturer. For an approved warranty claim, We will cover reasonable, pre-approved courier charges. A manufacturer's warranty is additional to, and does not replace, any rights You may have against Us under South African law.

PROPERTY

Property in the goods shall pass to You upon clearance of Your payment.

We own, or are licensed to use, all intellectual property rights (including copyright works and trade marks), embodied in all text, pictures and coding used in the Site and in Our promotional materials.

WARRANTIES AND LIABILITY

All goods supplied by Us conform to all relevant South African standards.

Please contact Us first for warranty support. We will coordinate with the authorised distributor or manufacturer where required. A manufacturer's warranty is additional to, and does not replace, any rights You may have against Us under South African law.

We undertake to ensure that goods supplied by Us meet the standards required by applicable South African law. Any remedy for goods that do not meet those standards will be handled in accordance with the Consumer Protection Act and other applicable law.

To the extent permitted by law, We exclude all liability for the content of any websites which link into this site.

We will use all reasonable endeavours to ensure that the Site remains available at all times. However, We cannot guarantee that the Site will operate continuously or will be error free. We therefore cannot accept any liability for any failure or non-availability of the Site.

We do not accept, and hereby exclude to the fullest extent permissible under law, any liability for any loss of data, profit, revenue or business, or for any indirect or consequential loss or damage, however caused. Nothing in these terms and conditions shall be construed as excluding or limiting liability for death or personal injury caused by negligence or for fraud.

FURTHER INFORMATION

We confirm that We will not pass on any information relating to You or Your order(s)to any other company without Your prior consent. The information We have about You will be stored on computer and Your details will be automatically added to Our mailing list. If You do not wish Us to send to You any further offers or promotional materials, then You may set this preference in Your login profile at any time.

All sizes, dimensions and/or weights stated in this Site are approximate and do not take into account any packaging materials.

Due to the nature of differing hardware, monitors and graphic cards, any colours displayed on screen may not be the exact match of those of the product. Whilst We make every attempt to make sure they are accurate, different hardware configurations will show them slightly differently.

GENERAL

You are not entitled to assign or transfer any of Your rights or obligations under these terms and conditions.

If any provision, or any part of any provision, in these terms and conditions is held by any court of competent jurisdiction to be illegal, invalid, void or unenforceable for any reason than that provision, or part provision, shall be treated as having been deleted. The remainder of these terms and conditions shall continue to apply.

Neither You nor Us shall be liable for any failure to perform any obligation under these terms and conditions which is due to circumstances beyond Your or Our reasonable control.

The failure by You or Us to exercise or enforce any right or obligation under these terms and conditions, shall not be deemed to be a waiver of that right or obligation, nor shall it operate to bar the exercise or enforcement of it at any time or times thereafter.

Protection of Personal Information Act & Regulations

We will endeavour to abide by the POPI act and all terms set out therein as new legislation become available.