For purposes of these General Terms and Conditions and elsewhere on the website, “Ocean Journey” means Ocean Journey a division of Ocean Odyssey Charters CC, Reg nr: 2006/104767/23. Ocean Journey’s head office is located at TH44 Long Street, Thesen Harbour Town, Knysna, South Africa ; email address: marketing@oceanodyssey.co.za
Application
These General Terms and Conditions will apply to any and all agreements and legal relations pursuant to which Ocean Journey acts as supplier of items.
Ocean Journey will not be required to execute an order or compensate a buyer for any loss if Ocean Journey made an error when presenting the item, formulating its characteristics or stating its price, and
it should have been clear to the buyer that such involved a printing error; or
if the buyer should not, under the circumstances, have reasonably relied on Ocean Journey delivering quoted item, with stated characteristics, at this price.
Prices
Products sold by Ocean Journey are billed in Rands and include VAT.
Market
Items are currently delivered to buyers in the Republic of South Africa. Purchase agreements are concluded with natural persons not acting in the course of a profession or business- only. Therefore any VAT charged will not at any time be refunded.
Costs of Delivering the Items
All prices of the items posted on the website are exclusive of delivery costs.
Delivery costs will be stated separately when settling the order and may vary daily and for each order.
Delivery and Delivery Period
Ocean Journey shall make an effort to supply the items ordered, provided that Ocean Journey has such items in stock, to the delivery address within 5 – 10 working days of the order confirmation and the required receipt of payment. Prior to delivering an order, the buyer may be contacted to verify the correctness of the order. This may cause some delay in delivery. When registering, buyers must state a telephone number on which they can be reached during the day (such as their number at work or a mobile phone number), so that the delay, if any, will be as short as possible.
The delivery periods referred to above are of an indicative nature and are not times of the essence. Should the order not be delivered within 30 days, the buyer will be entitled to cancel the order at no charge.
Ocean Journey shall arrange delivery by post or dispatch in any other way, at Ocean Journey’s option. Note that a signature will be required for all residential deliveries.
Ocean Journey may dispatch the delivery in parts. Any extra costs for subsequent deliveries will be borne by Ocean Journey.
Stock Availability
Stock on offer is limited. Ocean Journey shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Ocean Journey shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.
Payment
Payment is accepted via direct transfer.
Agreements of Sale
Placing an item in a shopping basket, or adding it to a wishlist without completing the purchase cycle, does not constitute an agreement of sale between Ocean Journey and the purchaser. Users cannot hold Ocean Journey liable if such items are not available when the purchase cycle is completed later; and/or constitute an order for such an item; and Ocean Journey may remove such an item from the shopping basket if no stock is available. An agreement of sale between Ocean Journey and a user only comes into effect if and when the funds have cleared in Ocean Odyssey Charters CC bank account. Ocean Journey reserves the right to refuse to accept and/or execute an order without giving any reasons. Ocean Journey also reserves the right to cancel orders in whole or in part as circumstances dictate. Ocean Journey shall only be liable to refund monies already paid by the user.
Returns / Refunds Policy
Products may not be returned unless the incorrect product has been supplied or the product is damaged or faulty. In such an instance Ocean Journey will exchange the product on condition that
the product is returned in its original condition- including packaging, documentation, warranty cards, manuals and accessories and
the customer returns the product within five days of receipt and confirms same by sending a written notice to marketing@oceanodyssey.co.za (within abovementioned five day period).
All returns must be shipped freight (and insurance) prepaid. The onus is on the customer to ensure that the goods returned are received by Ocean Journey within 10 days of written notice. Under no circumstances will Ocean Journey accept responsibility for goods returned that are lost in transit.
On receipt and acceptance of returned product Ocean Journey will make all reasonable effort to exchange said product, but if replacement is not possible Ocean Journey will refund the purchase price, including delivery cost. Such amount will be refunded within 30 days of cancellation, beginning on the day written notice was given.
Applicable Law
This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
Personal Data
Ocean Journey 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 Promotion of Access to Information Act 2 of 2000.
Ocean Journey will store the data provided by buyers in a data file. Such data will be used to execute buyers’ orders and will be kept as long as necessary to handle any complaints about the execution of an order. No data will be passed on to third parties if such should jeopardise the buyer’s privacy.
Changes To Agreement
Ocean Journey may, at its sole discretion, change this agreement or any part thereof at any time without notice.
Intellectual Property Rights
All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Ocean Journey and as such are protected from infringement by local and international legislation and treaties.
Domicilium
Ocean Journey chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature TH44 Long Street, Thesen Harbour Town, Knysna, South Africa.