TERMS OF USE
Please pay special attention to clauses which are in bold as these are important clauses of these Terms, which may limit our responsibility or involve some risk for you. Some of these provisions limit our risk and liability, require you to indemnify us or to assume risk and liability or acknowledge certain facts.
- INTRODUCTION
1.1. Welcome to the Az Perfumes website (“Website”). Please take a moment to read these online terms and conditions including our policies (collectively referred to as the “Terms”) to understand how they apply to you, the customer (“you”) and your use of our Website and any products (“Products”) or services (“Services”) that you may order online.
1.2. These Terms constitute the whole agreement between you and us relating to your access to the Website. Each time you access the Website you agree to be bound by the version of the Terms posted on the Website at the time. You are advised to regularly check these Terms for any amendments. By accessing the Website and/or registering on the Website, you agree that you have read and understand these Terms and agree to be bound by them without any modification by you.
1.3. In accessing the Website you represent and warrant that you have legal age and capacity to enter into a binding contract with us.
1.4. If you violate or do not agree to these Terms, then you should no longer access this Website and your use of this Website is unauthorised.
1.5. No provision in these Terms is to be interpreted or construed as excluding or waiving any rights which you may have in terms of the ECT Act, the CPA, as such Acts may be amended from time to time or any other applicable laws.
1.6. In using this Website you may access some of its content and transmit your content to us. These Terms include details of the licenses we apply to our content and which we require you to apply to your content when transmitted or otherwise made available to us.
- WE MAY CHANGE ASPECTS OF THE WEBSITE
2.1. We may add new features and modify or even discontinue existing features without notice to you and in our sole discretion. You agree to this.
2.2. You are free to stop accessing the Website at any time without notifying us. Doing so will not affect the results of, or remove the effects of your access to the Website.
- DEALINGS WITH THIRD PARTIES
3.1. Links to and from the Website from and to other websites belonging to or operated by third parties do not constitute our endorsement of such third-party websites or their contents nor do we necessarily associate ourselves with their owners or operators. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with such third party/ies.
3.2. We have no control over third party websites and you agree that we are not responsible or liable for any content, information, goods or services available on or through any such third-party websites or for any damage, damages or any other loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any such third-party websites. You further agree that where you access third party websites, you do so entirely at your own risk.
- PERSONAL INFORMATION
4.1. We shall take reasonable steps to protect your personal Information.
4.2. We may ask you to submit your personal information to us through the Website in order to access aspects of the Website or make use of services we offer on or through the Website.
4.3. You warrant that the personal information you submit is accurate, current and complete. You will be denied access to the Website should you breach this warranty or subsequently be found to have breached this warranty.
4.4. We may take steps to verify your personal information which you submit to us. You irrevocably consent to this verification process. You acknowledge and agree that your access to the Website may be limited until such time as the verification process has been successfully completed.
- COLLECTION OF COOKIES
A cookie is a piece of information that is deposited on your computer’s hard drive by your web browser when you use our computer server. The cookies enable us to recognise you and give us information about your previous visits. Most browsers accept cookies automatically, but usually you can alter your settings to prevent automatic acceptance. If you choose not to accept cookies, this may disable some of the features of our Website. The information that we collect and may share with our advertisers is anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address.
- ACCEPTABLE USE
6.1. You may not access the Website for or in conjunction with any illegal, unlawful or immoral purposes or as prohibited by these Terms.
6.2. Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding your conduct on the Website.
6.3. You agree to adhere to generally acceptable Internet and e-mail etiquette and that you will not upload, post or otherwise transmit any content that includes but is not limited to any of the following:
6.3.1. engage in any abuse of e-mail or spamming/unsolicited communications, including advertisements for other websites and/or services, chain letters, pyramid schemes, polls or petitions;
6.3.2. take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the Website;
6.3.3. use the Website to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s personality rights;
6.3.4. use the Website in a manner that may infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others;
6.3.5. use the Website to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
6.3.6. gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the services to collect or attempt to collect personal information about third parties without their knowledge or consent;
6.3.7. violate the privacy of any person in any way including, but not limited to, sharing any person’s personal information without their consent to do so;
6.3.8. attempting to gain unauthorised access to the Website or any other network, including (without being limited to) through hacking, password mining or any other means;
6.3.9. otherwise use the Website to engage in any illegal or unlawful activity.
6.4. Should you engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other rights we may have, to:
6.4.1. without notice, suspend or terminate your access to the Website;
6.4.2. hold you liable for any costs we incur as a result of your misconduct; and/or
6.4.3. any information relating to you, whether public or personal, to all persons affected by your actions where we are compelled by law to do so.
- WARRANTIES, LIMITATIONS OF LIABILITY AND INDEMNITIES
7.1. To the fullest extent permissible by law, we make no representations and give no warranties of any kind, whether expressly or implied, including without limitation to the implied warranties that:
7.1.1. the content published to the Website is fit for any purpose; or
7.1.2. your access to the Website will be uninterrupted and error-free.
7.2. Although we take steps to verify information presented on or through the Website, we do not warrant the accuracy or reliability of any advice, opinion, statement, or other information contained in, displayed on, linked to or distributed through the Website that we and/or other users may publish to the Website. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
7.3. Whilst we take reasonable precautions in our operation of the Website, neither we or our agents or representatives will assume any responsibility and disclaim all liability for any loss, liability, injury, expense or damage, whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable) of any nature arising from negligence and which is suffered by any person who accesses, uses or relies on the Website or any of its content. Without limiting the generality of this paragraph, we will not be responsible for any loss, liability or damage of any nature incurred by whomever and resulting directly or indirectly from:
7.3.1. viruses that may infect your computer equipment or software or other property when you access the Website. Any content you access through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from accessing the Website;
7.3.2. the unavailability of, any interruption in or your use of the Website access (either in part or as a whole) for any reason whatever.
7.4. You hereby indemnify us and our directors, officers, employees, servants, agents and/or contractors and/or other persons for whom in law we may be liable from any loss, damage, damages, liability, claim or demand due to or arising out of your access to or use of the Website or your breach of these Terms.
- GOVERNING LAW AND JURISDICTION
8.1. The Website is controlled and maintained from our facilities in Johannesburg, South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern your access to the Website and these Terms.
8.2. You consent to the jurisdiction of the Muslim Mediation and Arbitration Council in respect of disputes which may arise out of your access to the Website and these Terms.
- TERMINATION
9.1. If you breach any of these Terms, we may immediately, automatically and without notice to you, terminate your access to our Website, and/or prohibit your future access to the Website, and/or take appropriate legal action against you, without incurring any liability to you of any nature whatsoever and howsoever arising.
9.2. The termination of the Terms will be without prejudice to any other rights that we may be entitled to under these Terms or at law, and will not affect any accrued rights or liabilities, nor the coming into or continuance in force of any provision of the Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
- DISCLOSURES REQUIRED BY THE ECT ACT
10.1. Access to the content, Website and/or competitions available on or through the application are classified as “electronic transactions” in terms of the ECT Act and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to disclose the following information:
10.1.1. Our full name and legal status: AZ Perfumes (Registration Number: 2021/591728/07)
10.1.2. Street address: Tansy Avenue
Zakariyya Park
Johannesburg
1238
10.1.3. Postal address: Tansy Avenue
Zakariyya Park
Johannesburg
1238
10.1.4. Telephone number: +27 67 015 9265
10.1.5. Physical address for receipt of legal service: Tansy Avenue
Zakariyya Park
Johannesburg
1238
10.1.6. Main business: Procuring and reselling or perfumes
10.1.7. Website address: www.azperfumes.co.za
10.1.8. Official email address: info@azperfumes.co.za
10.1.9. Governing terms of use: These Terms
10.1.10. Price of Products/services offered on website: Please refer to the page of the Website describing the Products/Services offered
10.1.11. Manner of payment: Please refer to the page of the Website describing the different payment options
10.1.12. Returns and Refunds: Please refer to our Returns and Refunds Policy on this Website
10.1.13. Time within which products will be dispatched/delivered or services rendered: Please refer to the terms and conditions applicable to specific Products/Services and the page of the Website describing the Products/Services offered.
10.1.14. Record of the transaction: We will provide you, via the Website or by e-mail, with a written record of each transaction to the e-mail address provided by you when registering on the Website, as amended by you from time to time.
10.1.15. Return, exchange and refund policies: If this Website fails to comply with the requirements in the ECT Act, you may cancel such transaction within 14 days of receipt of the Products and be refunded, upon return of the Products, for all payments made, less the direct cost of returning the Products, provided that we receive the returned Products unused, in their original condition, and in their original packaging which has no visible damages. This paragraph applies only to transactions concluded on the Website. Subject to applicable laws, we do not accept returns, or issue exchanges or refunds where the Products/Services are (amongst others) not capable of being returned and/or in respect of Products which were opened by you/Services which began with your consent or where it is not possible for us to determine whether you opened or used the Products/Services. Please refer to the terms and conditions applicable to specific Products/Services for further detail on return, exchange and refund policies.
10.1.16. Cooling-off: Subject to section 42(2), if you conclude a transaction through this Website, you will have a 7 day cooling-off period. If and to the extent that section 16 of the CPA applies, if you conclude a transaction through this Website as a result of any direct marketing by us, you will have a 5 day cooling-off period.
10.1.17. Security procedures in respect of payment and payment information: We will utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned. If we fail to do so, you may exercise your rights in terms of s43(6) of the ECT Act.
10.1.18. Manual in terms of the Promotion of Access to Information Act 2 of 2000: Information relating to our Promotion of Access to Information Act Manual may be found at [insert hyperlink] which should be read in conjunction with these Terms.
ONLINE PURCHASING TERMS
In addition to the above clauses, the following clauses will be applicable to the use of the Website pertaining to the viewing and/or purchasing of the Products on the Website:
- ONLINE REGISTRATION
11.1. To buy Products on our website you must be over the age of 18 (eighteen).
11.2. Registration as a purchaser on the Website is free and does not oblige you to purchase anything. You must register with us before placing your first order online.
11.3. Registration and/or use of our Website constitutes your acceptance and agreement to be bound by the Terms of our Website. To register you will be required to provide certain personal information which is protected by us.
11.4. When registering with us, you will be required to provide an email address and a password which will be used as your username and password for the Website. Please keep your password private as we accept no liability for any damages suffered or losses incurred from the use or misuse of your account.
11.5. You will be required to enter your email address and password each time you visit our Website.
11.6. In registering as a purchaser you are required to provide us with complete and accurate information about yourself. By doing so you warrant that the information provided is correct and the responsibility solely rests with you to ensure that your information is always kept up to date and remains accurate. Upon acceptance of your registration, you will receive an email confirming your registration as a purchaser on the Website. If you do not receive the email confirmation, you should contact us.
- PRODUCT IMAGES, REPRESENTATION AND PRODUCT DESCRIPTION
12.1. We have made every effort to display the Products on the Website as accurately as possible, including:
12.1.1. the images that represent a visual depiction of the Product;
12.1.2. features and descriptions that pertain to the Product; and
12.1.3. specifications in respect of the Product;
however, the actual Product delivered may be subject to variations in appearance, as the Product’s packaging may differ over time. It remains your responsibility to ensure that the Product you ordered is correct and the Product description and/or model number will always overrule any related images when resolving a dispute about a Product.
12.2. Upon delivery and/or collection of the Product you will be required to satisfy yourself of the nature and quantity of the Products. You will be required to sign a delivery note confirming receipt of the Products which shall constitute proof that you have inspected the Products and are satisfied that the Products received are in accordance with your order placed through the Website.
12.3. As the actual colours you see will depend on your computer’s monitor we cannot guarantee that your monitor’s display of any colour will be accurate.
12.4. Images of Products may include ancillary items which are sold separately and you will be required to place an additional order for such ancillary items.
12.5. We may suggest, from time to time, related Products to the Product that you are viewing on the Website. These related Products are only indicative and not an exhaustive list and/or compulsory to purchase. We shall not be liable in the event that you purchase a related Product which you do not require and/or is not suitable for your specific requirements.
12.6. If you are not satisfied with the Products delivered then you may return such Products subject to our Return and Refund Policy, as amended, from time to time.
- PRODUCT PRICING AND AVAILABILITY
13.1. The Products displayed on the Website are subject to availability and will be delivered within the Republic of South Africa only, within the areas as determined by us from time to time.
13.2. You will be required to select your fulfilment store from which the Products will be purchased. Available delivery areas are identified at the checkout process when the delivery address is entered.
13.3. You may order Products from more than 1 (one) store, but additional delivery fees will be incurred.
13.4. It is your responsibility to ensure that the delivery address, including suburb and postal code, is correct. We will not be liable for any Products or additional costs which may be incurred as a result of Products delivered to an incorrect address which is provided by you.
13.5. All prices displayed on the Website are valid and effective only in the Republic of South Africa for the day that they are viewed and do not constitute an offer by any of our physical stores. We reserve the right, without prior notice, to discontinue or change pricing or specifications of Products and Services offered on this Website without incurring any liability whatsoever.
13.6. We cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order. Where items cannot be delivered, we will endeavour to contact you based on the information provided at registration, and either offer the option to cancel the order, reduce the quantities or offer suitable alternatives, where applicable. If we are unable to supply each and every item ordered or in the quantities ordered and cannot contact you then you nevertheless agree to accept delivery and make payment for those items correctly delivered.
13.7. For online purchases you will be charged the prices that are reflected on the Website, subject to availability and save where Inadvertent and Obvious Errors as set out in clause 22 below have occurred. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
13.8. It is important to note that the offer to do business with you online in relation to any Products advertised for sale on our Website, will only become binding once we have confirmed the conclusion of the agreement to you, despite you having made payment already. Refer to our clauses below dealing with Inadvertent and Obvious Errors and Confirmation of Orders.
- INADVERTENT AND OBVIOUS ERRORS
14.1. We regret that no order can be accepted if we identify an inadvertent and obvious error in the prices of Products or Services or the description of any of our Products or Services on our online platform. Should we become aware of a pricing error in respect of any Products or Services advertised by us online, we will be entitled to notify you of such error and at your election either (a) cancel the transaction and if you have already made payment of any Products, we will refund you such payment; or (b) uphold the transaction and allow you to pay the correct price before the order will be fulfilled.
14.2. We appreciate that customers may use our website to research pricing before visiting one of our physical stores. However, please note that pricing on our Website does not constitute an offer by any of our physical stores and in-store pricing may vary.
14.3. To avoid disappointment, we therefore recommend that pricing and stock availability is confirmed with the respective store prior to visiting the store.
- CONFIRMATION OF ORDERS
15.1. Orders placed online constitute your offer to purchase subject to these Terms. On receipt of your order we will send you an email and/or sms describing the Products and services you have ordered. These communications confirm we have received your order, but do not represent any acceptance of your offer to purchase Products or services contained in that order. We are not legally obliged to provide the Products and services to you during the offer process.
15.2. We will indicate our acceptance of your order by confirming delivery of the Products to you or allowing you to collect them. An agreement of sale will only be concluded when payment has been made AND the products have been delivered at your chosen address or handed over to you for collection. This is regardless of any communication from us stating that your order or payment has been received.
15.3. We will indicate our rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid. Any Products or services on the same order which have not been dispatched/delivered to you will not form part of the contract between us.
15.4. By submitting an order to buy Products, you:-
15.4.1. represent and warrant that you are over the age of 18 (eighteen) years;
15.4.2. represent and warrant that you are authorised to place the order, make payment for the order and that there are sufficient funds available on your debit card, credit card, Trade Account or Deposit Account, if you are paying via any of these payment mechanisms;
15.4.3. represent and warrant that, if paying via EFT, that you have followed the payment instructions;
15.4.4. consent to us providing your personal information to our third party payment provider, which is necessary to enable us to perform our obligations in terms of these Terms.
15.5. In order to protect our interests as well as yours, we may, but are not obliged to do so, scrutinise transactions to prevent fraud. Any transactions may be refused by us if we are not satisfied that it is legitimate.
15.6. You may pay for the Products by using a valid Master or Visa Credit Card, instant EFT, Trade Account or Deposit Account. No other method of payment, including gift vouchers, will be accepted by us in respect of the purchase of Products on the Website, unless as may be determined in our sole discretion.
15.7. In placing an order you will be required to select whether the Products ordered will be collected from the selected Store or whether you would like us to deliver the Products to your specified delivery address.
15.8. In the event that you wish to change your order from a collection to a delivery, we will charge you an additional delivery fee.
15.9. All your orders placed through the Website can be viewed under the shopping cart tab.
15.10. Delivery and collection dates are only estimates, and as your order is processed you will be informed if any outstanding Products on your order are unavailable or delayed for any reason.
- CANCELLATION
16.1. If for any reason you would like to cancel an order, this may be done by contacting us on info@azperfumes.co.za. You will only be able to cancel orders up to midnight on the day prior to the date of delivery. Subject to the provisions of the CPA, we reserve the right to impose a reasonable charge for cancellation of your order.
16.2. We reserve the right not to refund the delivery in respect of any late cancellations. If you cancel your payment for any reason, or if your payment method 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.
16.3. You may return a Product, at your cost, to any AZ Perfumes store provided you have the original invoice/proof of purchase and have complied with the required terms and conditions of Az Perfumes Returns Policy.
- DELIVERY
17.1. We deliver to registered customers within certain specified delivery areas. If we do not deliver to your area, you may collect the Products from the store directly. Deliveries to outlying areas shall attract an additional surcharge that will be calculated on checkout. An outlying area refers to a suburb or town that falls out of any regional town/city or main centre. Outlying areas include farms, mines and townships.
17.2. A delivery fee may be charged for each delivery order placed by you. We deliver from Monday to Friday, 08h00 till 17h00 and do not deliver on a Saturday, Sunday and any South African public holiday. Items are delivered in 2 (two) to 5 (five) working days after acceptance of your order if there are no unexpected delays. Should it be unavoidable for us to exceed these delivery times, you will be notified either telephonically or electronically.
17.3. In the event that you request your order to be delivered to multiple addresses, you will be charged additional delivery fees.
17.4. We and/or the delivery service provider may be required to make multiple deliveries to your delivery address. In the event that we and/or the delivery service provider elect to make multiple deliveries of your order, then you will not be charged any additional delivery fees. You will be advised by us of planned multiple dispatches to your delivery address.
17.5. You must ensure that the correct delivery address is provided to us and we shall not be liable for any deliveries made to an address incorrectly provided by you.
17.6. You hereby authorise us to provide your personal information, including your name, delivery address and telephone number to our third-party delivery service provider for the purpose of effecting the delivery.
17.7. We and/or the delivery service provider may contact you regarding your orders from time to time.
17.8. On delivery of the order to the specified delivery address, you will receive a delivery note from us or the delivery service provider showing the items delivered. For verification purposes the person accepting delivery at the delivery address will 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 delivery address specified by you at the time of delivery, the driver will return the Products and leave a notice at the delivery address to that effect. The delivery service provider will attempt to contact you to make new arrangements for delivery. We reserve the right to charge an additional delivery fee should it be required under these circumstances. Our sole liability for failing to deliver the Products timeously is limited to delivery being effected at a later agreed time at no additional charge.
17.9. 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. Where we have outsourced our deliveries 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 delivery service provider.
17.10. We will deliver to the main entrance and/or pavement of your allocated delivery address only. It is your responsibility to ensure that you have made arrangement to accept delivery and storage of the Products. A request by you for the delivery of the goods to the interior of your premises, shall be entirely at your own risk. You hereby accept that we shall not be liable and indemnify us against any damage or loss to any property whatsoever, including any damage or loss to any of the Products being delivered and or any damage or loss to the interior of your premises (doors, walls, staircases, flooring, furniture, ceilings, entrances or passage ways, lighting etc.) or any personal injury to any person, including yourself or any third party, arising from your request to the delivery service provider for delivery of the Products to the interior of your premises.
- STORE PICK-UP/ COLLECTION
18.1. You may place an order online and then collect it from your selected store. If your chosen store has the items in stock you can collect the order in 2 (two) to 5 (five) working days. To collect in store, place your order online as normal and select the “store collection” option instead of entering your delivery details.
18.2. Products may only be picked up from your chosen store upon presentation of a valid proof of identity and the collection notice, which can be printed either once payment is complete or in your order tracking. Please ensure that the person you have named to pick-up the order presents one of the following forms of identification:
18.2.1. South African ID; or
18.2.2. South African driver’s licence; or
18.2.3. Passport
18.3. All orders must be collected within 7 (seven) days from the store, falling which we cannot guarantee availability of such Products.
- PAYMENT
19.1. METHOD OF PAYMENT
19.1.1. Prior to delivery or confirmation from AZ Perfumes that the Products are ready for collection by you, AZ Perfumes shall be entitled to either:
19.1.1.1. debit the credit card supplied by you on acceptance of your order should you be paying with a credit card; or
19.1.1.2. process the order once AZ Perfumes has received a successful confirmation of payment, should you be paying by EFT.
- REFUNDS
20.1. Refunds and exchanges are only allowed if:-
20.1.1. Goods are unused
20.1.2. Goods are in their original condition
20.1.3. A proof of purchase is available
20.2. Goods not eligible for a refund, such as goods on promotion or end of range items, will be clearly stipulated when purchasing the product.
20.3. AZ Perfumes will only be eligible for the return cost if:-
20.3.1. An order placed is different to goods delivered by AZ Perfumes.
20.3.2. Goods are defective.
20.4. AZ Perfumes will refund a purchase for the exact amount paid less any delivery costs already incurred by AZ Perfumes.
20.5. Refunds will only be processed in accordance with the REFUND AND RETURNS POLICY, and in the payment method that was used when the order was created, and into the account it was paid from e.g. credit card, EFT or credit.
20.6. AZ Perfumes reserves the right to effect any refund in the exact manner in which you purchased the Products (for example, cash received refunded in cash and electronic funds transfer back into the account from which the deposit was initially received).
20.7. A refund can take up to 7 (seven) business days to reflect in your account, and EFT refunds are subject to verification of your banking details.
- RISK AND OWNERSHIP
21.1. Risk in the Products shall pass to you by acceptance of the Products by you or your authorised representative on delivery or collection. We will retain ownership in the Products until payment has been received in full. In respect of deliveries, ownership will pass on offloading of the Products to the main entrance and/or pavement of your allocated delivery address.