1. SERVICE/PRODUCT AVAILABILITY
Our site is intended for use only by people in the Republic of South Africa.
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. 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.
4. RISK AND TITLE
4.1 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges. THE PERFUME ORDER WILL ONLY BE PROCESSED ONCE PAYMENT HAS BEEN RECEIVED AND CLEARED THROUGH PAYFAST.
5. PRICE AND PAYMENT
5.1 The price of the Products and our delivery charges will be as quoted on our site.
5.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
5.3 Visa and Mastercard (Credit cards with CVV code) and EFT are the accepted payment methods on SCENTilicious.co.za
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
7. 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.
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. 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.
9. TRANSFER OF RIGHTS AND OBLIGATIONS
9.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
9.2 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.
9.3 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.
9.4 It is at our discretion to renew monthly subscriptions.
9.5 We reserve the right to pass on data generated – yet anonymous – to specially selected third parties for research purposes.
10. EVENTS OUTSIDE OUR CONTROL
10.1 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).
10.2.1 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:
10.2.2 strikes, lock-outs or other industrial action;
10.2.3 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
10.2.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
10.2.5 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
10.2.6 impossibility of the use of public or private telecommunications networks; and
10.2.7 the acts, decrees, legislation, regulations or restrictions of any government.
10.3 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.
11.1 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.
11.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
11.3 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 12 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent 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.
13. ENTIRE AGREEMENT
13.1 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.
13.2 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.
13.3 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.
13.4 Nothing in this clause limits or excludes any liability for fraud.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
14.1 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.
14.2 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).
15. 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.