TERMS AND CONDITIONS General Terms and Conditions for this website

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 an 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 unauthorized 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. Canceled orders will not be charged.

MORE INFORMATION ON DATA PROTECTION POLICY

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 the 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 recognized training organization before purchase.

PAYMENT

Orders placed using a debit/credit card and through our payment gateways will charge once the order is placed. Orders canceled 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 “Scubaversity” / “Payfast or YOCO / Scubaversity” 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 the 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, out of stock goods may take longer.

Any claim based on any defect in quantity, quality, or condition of the goods must be notified to Us within ten days of delivery, after which You will be deemed to have accepted the goods.

The cost of delivery shipment will be displayed on the shopping basket and checkout prior to submitting Your order. The cost is dependent on the 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.

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 an 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 Your receiving the order, due to no signature being available at the address provided. The 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 center 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 a 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 & YOUR RIGHT TO CANCEL

You may withdraw your offer to buy at any time prior to Us despatching Your goods, by contacting Us directly, or via Your account where You have set one up.

At the time the goods are despatched you are deemed to have entered into a contract and the cancellation period begins.

Under the South African Consumer protection act, customers have the right to cancel their contract within 14 calendar days without giving any reason.

COOLING OFF PERIOD

The cancellation period will expire after 14 calendar days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

In cases where the items in your order are delivered separately, the cancellation period will expire after 14 calendar days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

ADDRESS

To exercise the right to cancel under the Consumer Protection Act Regulations, you must inform Us of your decision to cancel this contract by a clear statement in writing. (e.g. a letter and or send e-mail) info@scubaversity.co.za.

DEADLINE

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired to info@scubaversity.co.za

EFFECTS OF CANCELLATION

If you cancel this contract within the 14 days set out in the Consumer Protection Act Regulations, we will reimburse you all payments received from you, including the costs of delivery (except for the supplementary costs arising, if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you (see Consumer's liability for the diminished value of the goods section below).

We will make the reimbursement without undue delay, and not later than:

14 days after the day we receive back from you all goods supplied, or

(if earlier) 14 days after the day you provide evidence that you have returned all the goods, or

if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

CONSUMERS LIABILITY

FOR DIMINISHED VALUE OF THE GOODS

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary, to establish the nature, characteristics, and functioning of the goods.

You are permitted to inspect the goods in a way that would be possible in-store. You may not use the goods in any other way, as such, all returned goods must be “as new” and complete with all manufacturer’s packaging and tags attached.

RETURN COST

You will have to bear the direct cost of returning the goods.

RETENTION OF REIMBURSEMENT

We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods (i.e. signed proof of delivery), whichever is the earliest.

RETURN OF GOODS

You shall send back all the goods, or hand them over to us without undue delay and in any event, no later than 14 calendar days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 calendar days has expired.

COMPENSATION IN THE CASE OF A SERVICE CONTRACT

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount that is in proportion to what has been performed, until you have communicated to Us Your cancellation of the contract, in comparison with the full coverage of the contract.

RETURNS

You may return Your order, or part thereof, for a refund for any reason for up to 28 days from the day of dispatch, provided that the returned items have not been used and are returned to Us “as new” with their original packaging and any tags attached, excluding gift cards and E-gift cards.

This facility is offered in addition to the right of EU customers to cancel their order within 14 days, as laid down in the Consumer Contracts Regulations 2013 (see Cancellation section), and may be withdrawn at any time at Our discretion without notice.

RETURN OF GOODS

You must notify us in writing of your intention to return the goods within 14 days of the goods being delivered and in said communication furnish us with the collection address for the goods.  

RETURN COST

We may from time to time, by way of promotion and entirely at our own discretion, offer a free return facility in conjunction with some orders or goods. Where this facility has not been supplied, You will have to bear the direct cost of returning the goods.

EXCHANGES

Under this offer, you have the option to request an exchange for an alternative variant option i.e. an alternative size or colour of the same item. Exchanges must be requested via e-mail and must be of equal value to the goods being returned.

Exchange requests for different items will be refunded and a new order placed. By requesting a different item You are authorising Us to use Your original payment information to process the new order.

REFUNDS

We will reimburse You the original purchase amount paid for the goods which you have requested a refund

We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

FAULTY GOODS

Should You believe that any product You have purchased from Us is faulty, it is Your responsibility to contact Us as soon as reasonably practicable and give Us as much detail as You can. We will then assess the situation and determine the best course of action required, in order to resolve the situation for You as quickly as possible.

You agree to undertake reasonable steps as requested by Us, in order to resolve the situation. Steps may include but are not limited to, providing Us with images of said fault by email, or post. Returning the item to Us or Our appointed expert, via Our appointed service, for assessment, and ensuring the availability of the item for collection by Our agents.

If any product that is purchased is faulty, We will exchange it for an identical replacement (where stock availability allows) free of charge, provided that the product is returned to Us with its original packaging and the fault is notified to Us. The provision of a replacement item is conditional on Our appointed expert first verifying the reported fault.

Where identical replacement stock is unavailable, We will reimburse You for the cost of the goods and in circumstances where the faulty good constitutes the entire order, we will also reimburse the outbound delivery costs.

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 trademarks), embodied in all text, pictures, and coding used on the Site and in Our promotional materials.

WARRANTIES AND LIABILITY

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

All claims under the manufacturer's warranty should be addressed to the relevant manufacturer directly.

We undertake to ensure that all goods supplied by Us are ‘as described, of ‘satisfactory quality, and ‘fit for purpose. In the unlikely event that an item fails to meet these standards, You have the right to ‘reject’ it for a full refund, provided this is done within a reasonable time frame. Outside a reasonable time frame, We have the right to repair or replace the item at Our absolute discretion.

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

We will use all reasonable endeavors 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 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 the computer and Your details will be automatically added to Our mailing list. If You do not wish Us to send 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 colors displayed on the 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 then 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.

Overnight staying at the Facility or visiting for extended periods of time will be at your own liability/responsibility and Scubaversity, all the staff members, all instructors, all dive masters, or professional members of Scubaversity will not be liable for any loss or damage, injury or death that may take place on the Scubaversity property.

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 endeavor to abide by the POPI act and all terms set out therein as new legislation becomes available.

Trips Terms and Conditions,

This information may change at any given moment without notice or not being updated on this page, we recommend that you always confirm the additional costs on your booking.

FOR SODWANA...

PLEASE NOTE  ADDITIONAL COSTS @ SODWANA

*paid directly to Sodwana on arrival.

NOTE THAT THESE COSTS CAN INCREASE OR DECREASE WITHOUT NOTICE*

Parks Board Fees are R130.00 per person, per night.

Vehicle Entry Fee      R  35.00 per car once-off

Sodwana Entrance    R  30.00 per person once-off

Community Levy       R   8.00 per person

DIVE PRICE SURCHARGE TO FURTHER REEFS

PLEASE NOTE THAT THERE MIGHT BE AN ADDITIONAL CHARGE FOR FURTHER REEFS

5 MILE REEF R30.00 per dive

6 MILE REEF R40.00 per dive

7 MILE REEF R45.00 per dive

8 MILE REEF R50.00 per dive

9 MILE REEF R55.00 per dive

TERMS AND CONDITIONS

I agree to the above additional costs at the Sodwana gate and the additional charge if my Club membership is expired or being a non-member with a gear rental cost per item per day. As well as the Additional charges for Further Reefs.

I am aware that I do need a Diving Permit to dive in Sodwana and I acknowledge that I can But the Permit at Coral Divers reception at R 50.00 is valid for 30 Days.

FOR MOZAMBIQUE...

PLEASE NOTE  ADDITIONAL COSTS FOR MOZAMBIQUE

COVID 19 TEST WITH A NEGATIVE RESULT, VALID FOR 72 HOURS AT THE TIME OF CROSSING THE BORDER.- SPECIFY WHERE YOU DO YOUR TEST, THAT IT IS FOR TRAVELING TO MOZAMBIQUE.

*YOU WILL OR MAY BE REQUIRED TO DO A RAPID COVID TEST AT THE BORDER WHEN RETURNING TO SA*

DIVE PRICE SURCHARGE TO FURTHER REEFS

PLEASE NOTE THAT THERE MIGHT BE AN ADDITIONAL CHARGE FOR FURTHER REEFS

MANDATORY REEF TAX TO BE PAID AT MALONGANE OFFICE From R150.00 per person.

I agree to the above additional costs for the Malongane and the additional charge if my Club membership is expired or being a non-member with gear rental cost per item per day. As well as the Additional charges for Further Reefs.

*YOU WILL OR MAY BE REQUIRED TO DO A RAPID COVID TEST AT THE BORDER WHEN RETURNING TO SA*