TERMS AND CONDITIONS GOVERNING THE USE OF THIS WEBSITE, PURCHASE OF PRODUCT FROM THIS WEBSITE AND SUBSCRIPTION SERVICE
You are reading a legal document which is the agreement between you, the Customer, whom in this document we refer to as “you”, “your” or the “Customer”, and us. We are Malcolm Brothers (Pty) Ltd Reg No. 2013/085938/07 trading as “The Perfumery”, www.theperfumery.co.za AND www.theperfumeryonline.com. We are the owners of these websites. We are a company registered in South Africa residing at 80 Side Rd, West Turffontein, Johannesburg and in this document we refer to ourselves as “Theperfumery.co.za”, “Theperfumeryonline.com”, “The Perfumery”, “we”, “us” or “our”.
These are the terms and conditions on which we supply any of the products (The Products) listed on our website to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. Use of the Website or any of our services will be deemed to constitute acceptance of these terms and conditions.
You should print a copy of these terms and conditions for future reference.
- GEOGRAPHICAL EXCLUSIONS
Our site is intended for use by people residing within the borders of South Africa only.
- BY PLACING AN ORDER THROUGH OUR SITE, YOU WARRANT THAT:
You are legally capable of entering into binding contracts or have sought the permission of your guardian to enter into a contract with us; and you are resident in South Africa and you are accessing our site from South Africa.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order online, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Shipping Confirmation). The contract between us (the Contract) will only be formed when we send you the Shipping Confirmation.
- CONSUMER RIGHTS
4.1 If you are an individual (as opposed to a company) contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).
4.2 To cancel a Contract, you must inform us in writing, as per clause 11 below, and return the Products to us within 10 business days at your risk and expense. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 10 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Delivery costs will be as detailed on the website. We deliver to all areas supported by our regular courier service provider. If you live in an area not supported by our regular service provider, we will obtain costs from an alternative provider and reserve the right to on charge the difference between what our regular service provider would charge for a similar delivery and the costs levied by the alternative provider.
- RISK AND TITLE
6.1 You will assume the risks relating to the Products from the time they are delivered to you as confirmed by the courier company handling the delivery.
6.2 Ownership of the Products will only pass to you once we have received full payment of all sums due in respect of the Products, including delivery charges.
- PRICE AND PAYMENT
7.1 The price of our Products and our delivery charges will be as published on our site from time to time, except in cases of obvious error.
7.2 Product prices include VAT.
7.3 Product prices and delivery charges are subject to change at any time, but changes will not affect orders already processed where we have sent you a Dispatch Confirmation.
7.4 Visa and Mastercard (Credit cards with CVV code), EFT and any other payment methods displayed on the checkout page of the website are accepted payment methods on Theperfumery.co.za and Theperumeryonline.com
- REFUNDS AND EXCHANGE POLICY
8.1 In the event that you are in any way dissatisfied with our product we will offer you an exchange of that product with either the same product in the event of a defect or with another product of your choice to the same value. In the event that you wish to exchange a product (the Exchange Product) please read our “Exchanges, Returns and Refunds policy” document for details on how to go about this.
We warrant to you that any Product purchased from us through our site will, on delivery, conform to its description, be of satisfactory quality, and be reasonably and suitably fit for all the purposes for which products of that kind are commonly supplied.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be delivered electronically in writing. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12.4 It is at our discretion to renew monthly subscriptions (if applicable).
- EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.1.1 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to the following:
18.104.22.168 strikes, lock-outs or other industrial action;
22.214.171.124 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
126.96.36.199 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
188.8.131.52 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
184.108.40.206 impossibility of the use of public or private telecommunications networks; and
220.127.116.11 the acts, decrees, legislation, regulations or restrictions of any government.
13.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent court with the necessary authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
16.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
16.4 Nothing in this clause limits or excludes any liability for fraud.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by South African law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of South Africa.