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TERMS AND CONDITIONS GOVERNING THE USE OF 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 with website www.Theperfumery.co.za and we are the owner of this website. 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”, “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 via our subscription service. 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. You may terminate this Agreement by written notice to us (by email to info@theperfumery.co.za) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website after the posting of such amendments will be deemed to constitute acceptance of the new terms and conditions.

You should print a copy of these terms and conditions for future reference.

1. GEOGRAPHICAL EXCLUSIONS

Our site is intended for use by people residing within the borders of South Africa only.



2.BY PLACING AN ORDER THROUGH OUR SITE, YOU WARRANT THAT:

You are legally capable of entering into binding contracts; and you are at least 18 years old; you are resident in South Africa  and you are accessing our site from South Africa.



3. 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 (Dispatch Confirmation). The contract between us (the Contract) will only be formed when we send you the Dispatch Confirmation.



4. 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.

4.3 Details of your statutory right of cancellation, and an explanation of how to exercise it (as per 4.1 above), are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.



5. 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.



6. RISK AND TITLE

6.1 You will assume the risks relating to the Products from the time of delivery.

6.2 Ownership of the Products will only pass to you only once we have received full payment of all sums due in respect of the Products, including delivery charges.



7. 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) and EFT are the accepted payment methods on Theperfumery.co.za.



8. 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) we will deliver the replacement (the Replacement Product) to you at our cost and will collect the product to be returned at the same time provided that:

8.1.1 You notify us in writing, as per clause 11 below, within 7 working days of having received the product that you are dissatisfied and that you wish to exchange it.

8.1.2 The Exchange Product is returned to us complete, undamaged and in a useable state and you have used no more than 20% (twenty percent) of the product.

8.1.3 You undertake to have the Exchange Product ready for collection at the time you are notified your replacement product will be delivered to you, so that our courier can collect the Exchange Product at the time they deliver the Replacement Product.

8.1.3.1 If you do not have the Exchange Product ready for collection at the agreed time, you agree to either pay for it or at your cost to return it to us within 14 days of being notified in writing to either return the Exchange Product or pay for it.

8.2 If you elect not accept an exchange and you wish to return a Product to us for a refund:

8.2.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible but within 30 days of the day you gave written notice of cancellation. In this case, we will refund the price of the Product in full, excluding any applicable delivery charges incurred in delivering the product to you. You are responsible for the arrangement and the cost of returning the item to us (see clause 4.2);

8.2.2 because the product is defective, we will examine the returned Product and will notify you of your refund via e-mail within 14 days of our confirming in writing that we have received it. We will process the refund due to you as soon as possible, but no later than 30 days from the day we confirmed to you in writing that you were entitled to a refund. We will refund the price of a defective Product in full, including the applicable delivery charges and the reasonable costs of you returning the product to us;

8.2.3 for any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to a change in these terms and conditions or in any of our policies), we will examine the returned Product and will notify you of your refund via e-mail within 7 working days of our confirming in writing that we have received it. We will process the refund due to you as soon as possible, but no later than 30 days from the day we confirmed to you in writing that you were entitled to a refund. We will refund the price of a defective Product in full, including the applicable delivery charges

 

8.3 We will refund any money received from you via checkout using the same method originally used by you to pay for your purchase.



9. WARRANTY

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.



10. 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 mainly electronic. 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.



11. NOTICES

All notices given by you to us must be given to info@theperfumery.co.za. 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.



12. 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).



13. 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 in particular (without limitation) the following:

13.1.1.1 strikes, lock-outs or other industrial action;

13.1.1.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

13.1.1.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

13.1.1.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

13.1.1.5 impossibility of the use of public or private telecommunications networks; and

13.1.1.6 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. WAIVER

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.



15. SEVERABILITY

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.



16. 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.



17. 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).



18. 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.



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