1. GENERAL TERMS
• Website details
The Perfume Power website at www.perfumepower.co.za is owned and operated by Perfume Power, in the Republic of South Africa, Somerset West, Western Cape.
• Terms and conditions apply
These Terms apply to your use of this website. By using this website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our website if you do not agree to be bound by these Terms.
• Change in terms
We may periodically update or change the Terms of this website without giving you prior notice. You should check them regularly, as your continued use of our website means that you accept any updated or revised Terms.
• Applicable law
This agreement is governed by the laws of the Republic of South Africa.
• Use of our website
You are welcome to browse or use our website for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorized use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents contrary to these Terms.
We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.
Your privacy is very important to us and therefore any information that you upload on our website will be stored on a secure server. Our website makes use of ‘cookies’ which collect data about the device that you use to access our website. The cookies minimise the possibility of unauthorised access to, and disclosure of, your personal information. We will not disclose, sell or rent your personal information to third parties without your consent unless we are compelled to do so by law.
Whilst all reasonable efforts are taken to ensure that your personal information and/or credit card details are protected as they travel over the internet, we cannot guarantee the absolute security of any information you exchange with us.
You may visit the website without providing any personal information. The website servers will in such instances collect the IP address of your computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the website, pages viewed, etc. Perfume Power uses this information to determine the use of the website, and to improve the content thereon.
The transport of all data is encrypted by Secure Sockets Layer (SSL) which creates a secure https:// link between the cardholder and the PayGate payment pages. SSL is the world standard for secure data transmission over the Internet. SSL uses authentication and encryption technology developed by RSA Data Security Inc. All the mainstream Web browsers support SSL.
Any credit card user would be asked for 3D secure enrollment if not already enrolled with the issuer to process transactions with authentication from the cardholder issuing bank.
No card entry would be possible on the Perfume Power web shopping cart as all card traffic will be securely posted to the PayGate payment pages.
No credit card data will be stored.
No unauthorized access to the payment pages site will be permitted. Only Perfume Power as a known entity will be allowed to direct encrypted payloads to the Payment pages.
• Accuracy of website content
All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.
Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values.
• Your comments
We value your comments, ideas, suggestions and feedback (“your Comments”) via our website. We will not compensate you in any way whatsoever for your Comments. Once received, your Comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your Comments.
You warrant that your Comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding any harm caused by your Comments.
• Intellectual Property
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. All data and information communicated to or from the website including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
• Use of our logos, content and images
You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors’ intellectual property rights.
Advertising and other promotional material of third parties may appear on our website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.
• Disclaimers and Exclusions of Liability
Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss, damage or harm of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services.
You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services.
In the event that any clause contained in these Terms is invalid or unenforceable, then such clause shall not affect the validity or enforceability insofar as the remaining clauses of these Terms are concerned.
We shall not be regarded as having waived, or be precluded from exercising any right under these Terms by reason merely that we have provided any indulgence to you or we fail to exercise or delay exercising any right we may have, whether the same right or any other right.
2. ONLINE SHOPPING TERMS
These online shopping terms and conditions apply to all purchases ordered online at www.perfumepower.co.za. Please read them carefully and print a copy for future reference.
You are not obligated to create an account (register) in order to shop on Perfume Power’s site. At checkout you will be asked whether you wish to create an account. It does however simplify the buying process for you if you do wish to purchase again in future. Re-entry of data will not be necessary if you choose to create an account.
Registration and/or use of our online shopping website constitute your acceptance and agreement to be bound by the Terms of our website, including the additional online shopping terms below.
• Creating and Account/Online Registration
At Checkout particular information will be asked of shoppers in order to ensure accurate delivery of parcels. A choice can be made to be a Guest Shopper or an Account can be Created. In the event an Account is Created an e-mail will be sent to the address provided by the shopper with a per-determined password. This password can be saved or the password can be changed at this point. There is no registration process prior to shopping or an obligation to create an account. If regular purchases are to be made in future an account will allow for a quick and easy shopping experience as shopper details need not be re-entered.
• Product Sales and Availability
All products displayed on our website are subject to availability and will be delivered within the Republic of South Africa and Internationally. All prices shown on our website are quoted in South African Rands and are valid and effective in the Republic of South Africa and Internationally. A currency converter is used as a guideline for international purchases.
We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.
Perfume Power reserves the right to limit the quantity of any item offered for sale.
• Content Errors
We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our website. Packaging may vary from that shown on our website.
• Pricing Policy
Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
• Methods of Payment
We will debit the total value of your online order against the payment card tendered by you during the check out process. Payment will be effected on acceptance of your order and prior to delivery. By submitting your order and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order. Payments can be made via Credit Card, Direct Bank Transfer, PayPal, MasterPass and SnapScan.
• Stock Availability
We cannot always guarantee availability of stock.
If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items that are correctly delivered. See Refunds and Returns.
• Confirmation of Orders
Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
Perfume Power delivers from Monday to Friday, between 08:00 and 17:00.
For Cape Town and surrounds based deliveries your parcel will take approximately 24 hours. For Johannesburg based deliveries your parcel will take approximately 48 hours. For Durban based deliveries your parcel will take approximately 72 hours. Our courier does not drive through the Transkei. Some remote areas are not serviced by a door to door facility. In the event this is the case you will be notified and a counter to counter delivery will be activated through The South African Postal Services.
No deliveries will be made on public holidays. Deliveries can be made on Saturdays by special arrangement. We will use our best endeavors to affect deliveries within the above stated time.
For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf. Should no-one be in attendance at the time of delivery, the driver will keep the products and leave a notice at the delivery address to this effect. The delivery service will attempt to contact you in order to arrange for an alternate delivery time. We reserve the right to charge an additional delivery fee should it be required in the circumstances. Our liability for failing to deliver the products timeously is limited to delivery being effected at a later agreed time at no additional charge.
International orders are posted through The South African Postal Services. All parcels are registered for air freight with a tracking number. Counter to counter deliveries take approximately 10 working days.
Please arrange that you or your authorised representative is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, we will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt.
• Online shopping delivery personnel
We have outsourced all delivery and collection arrangements. Accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.
• Refunds and Returns Policy
On delivery of your parcel please ensure that all is in order with your parcel before signing for receipt. Any damage that occurs during transport is covered by insurance. If it is not reported to the courier driver at time of delivery there is no way for Perfume Power to establish where in the process the damage took place. In conjunction with our courier companies we strive to provide you with the best delivery service.
We provide extensive details on all our perfumes to ensure accurate buying decisions. Please note no perfumes, oils or waxes can be returned once the packaging and/or seal has been tampered with or opened.
FULL REFUND – There are no refunds for any products
for what product(s): all products
on condition that: where damaged in transit is confirmed on courier documentation/receipt
at who’s cost: Perfume Power/Courier Company
for what product(s): all products
on condition that: a) Perfume Power is informed in writing within 7 calendar days; b) the product and packaging is returned in good order using Perfume Power’s courier service; c) seals and packaging are not tampered with d) the preferred item for exchange is mutually agreed prior to product return e) stock is available at time of exchange request; e) to the value at least, of the item purchased. At the sole discretion of Perfume Power, gift vouchers to the equivalent value may be offered.
at who’s cost: Perfume Power will incur the return courier fee however, purchases with the gift voucher/exchanges will include a courier fee.
Please note: We do not guarantee that your product will be automatically replaced or exchanged. The decision is solely at the discretion of Perfume Power having investigated and inspected the condition of the item returned.
Gift Vouchers purchased will not be refundedable.
Please note Perfume Power will not accept any returns of any products of which the packaging has been removed, opened or tampered with, and products of a personal nature due to hygiene and sanitary considerations.
If for any reason you would like to cancel an order you may contact our Customer Services Center on email@example.com. While any cancellation of orders will be accepted at our sole and absolute discretion and we provide no warranty that any cancellation of any order will be accepted, any cancellation which we do accept will only be accepted in the event that you notify us of your intention to cancel prior to dispatch of the order in question.
We reserve the right to debit your payment card for the delivery fees in respect of any cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of the Terms.