Terms & Conditions
1.1 We are Inspired Cosmetics (Pty) Ltd (NPO) trading as Personality Perfumes with,
Registration number: 2006/000775/07,
Our physical address is 4th Floor 20 Kruger street, Maboneng District, Johannesburg East, South Africa.
1.2 These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
1.3 In these Terms and Conditions:
a) "Acknowledgement" means our acknowledgement of your Order by email;
b) "Business Day" means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in South Africa;
c) "Confirmation of Order" means our email to you, in which we accept your Order in accordance with clause 3.8 below;
d) "Contract" means your Order of a Product or Products in accordance with these Terms and Conditions;
e)"Liability" has the meaning given to it in clause 8 of these Terms and Conditions;
f)"Order" means the order submitted by you to the Site to purchase a Product from us;
g)"you" means the Customer who places an Order;
h) references to "clauses" are to clauses of these Terms and Conditions;
i) headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
j) words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
k) references to "includes" or "including" or like words or expressions shall mean without limitation.
2.1 These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
2.2 These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
2.3 No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.
3. Contract is Formed
3.1 You must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it.
3.2 Irrespective of any price you have seen or heard, once you select a Product that you wish to Order and have proceeded to the Checkout, the amount to be paid will then be shown (on the Site) together with the charges you must pay, these might to include VAT and a cash handling fee, if applicable.
3.3 You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that you have sufficient funds to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
3.4 When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
3.5 Your Order remains valid as an offer until we issue our Confirmation of Order by email or, if earlier, when we receive your notice revoking your Order.
3.6 We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
3.7 A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you for the order of the Product.
3.8 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact firstname.lastname@example.org immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
3.9 We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
3.10 A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products, which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
4. Deliveries and Collection
4.1 We aim to deliver the Product to the supplied address within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of Order. We always aim to deliver within 2-4 working days any Order which we accept but we cannot guarantee any firm delivery dates.
4.2 We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
4.3 On delivery of the Product, you may be required to sign for delivery.
4.4 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed, the product is incorrect or faulty. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
4.5 If delivery is delayed through an unreasonable refusal to accept, or if within two weeks of attempted delivery do not attempt to contact us regarding the attempted delivery. Then we may (without affecting any other right or remedy available to us) do either or both of the following: a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you any money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause above).
4.6 A delivery fee will be charged on all orders within the Republic of South Africa.
5.1 We reserve the right, for purpose of suspected fraud, to refuse to accept payment on any order, and/or to cancel any sale concluded between you and Personalised Perfumes, in whole or in part, if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.
6. Cancellation by Customer (Non-Faulty Product)
6.1 You are entitled to cancel any sale concluded on this Website within 14 days of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated timeframe (or where none is specified, beyond 14 days from the order date).
7. Faulty Products
7.1 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
7.2 We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us to inspect within a reasonable time.
7.3 In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
b) you providing us with the reference number and such other information as we reasonably require.
7.4 If you would like us to replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
c) been dealt with or used contrary to our instructions for the Product; or
d) deteriorated through normal wear and tear, after delivery by us, we may at our discretion decide not to replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to you, and to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
8. Limitation of Liability
8.1 This clause 8 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Personalised Perfumes suffers any damage or loss.
10. Guarantee and complaints management
10.1 We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
10.2 We place great value on our Customers satisfaction. You may contact us at any time using the contact details given in clause 1.1 of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
10.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
11. Data protection
12. Circumstances beyond our control (force majeur clause)
12.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
12.2 Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
12.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
13.1 Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
13.2 Any notice given by post shall be deemed to have been served two Business Days after the same has been posted if the recipient address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or a delivery report received.
14. Governing Law and Jurisdiction
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the clause 15 of these Terms and Conditions, you and Personalised Perfumes submit to the non-exclusive jurisdiction of the South African courts.
Between you and Personalised Perfumes
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Personalised Perfumes on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of Personalised Perfumes, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf
16. Address for Notices
Personalised Perfumes chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: PO BOX 413343, Craighall, 2024.
17. Advertising on the Site
We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority. All photography is for illustrative purposes only and specific styles are not necessarily stocked.
18. Collection of Personal Information
We collect the following types of personal information in order to provide you with the use of Perfume Products, and to help us personalise and improve your experience.
Information you provide to us: We may collect and store any information you provide us when you use the Perfume Personality Service, including when you add information on a web form, add or update your account information, participate in community discussions, chats, or dispute resolutions, or when you otherwise correspond with us regarding Perfume Personality Services.
When you use Perfume Personality Services, we also collect information about your transactions and your activities. In addition, if you open a Perfume Personality account or use Perfume Personality Services, we may collect the following types of information:
- Contact information, such as your name, address, phone, email and other similar information.
- Detailed personal information such as your date of birth or national ID number.
We may also collect information from or about you from other sources, such as through your contact with us, including our customer support team, your results when you respond to a survey, your interactions with members of the Perfume Personality corporate family or other companies (subject to their privacy policies and applicable law), and from other accounts we have reason to believe you control (whether in part or in whole). Additionally, for quality and training purposes or for its own protection, Perfume Personality may monitor or record its telephone conversations with you or anyone acting on your behalf. By communicating with Perfume Personality, you acknowledge that your communication may be overheard, monitored, or recorded without further notice or warning.
Information from other sources: We may also obtain information about you from third parties such as credit bureaus and identity verification services.
Authentication and Fraud Detection: In order to help protect you from fraud and misuse of your personal information, we may collect information about you and your interactions with Perfume Personality Services. We may also evaluate your computer, mobile phone or other access device to identify any malicious software or activity.
When you download or use our mobile applications, or access one of our mobile optimised sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalised content. Most mobile devices allow you to control or disable location services in the device's setting's menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or the manufacture of your particular device.
18.1 How We Use the Personal Information We Collect:
Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customised experience. We may use your personal information to:
- provide Perfume Personality Services and customer support;
- process transactions and send notices about your transactions;
- verify your identity, including during account creation and password reset processes;
- resolve disputes, collect fees, and troubleshoot problems;
- manage risk, or to detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities;
- detect, prevent or remediate violations of policies or applicable user agreements;
- improve the Perfume Personality Services by customising your user experience;
- measure the performance of the Perfume Personality Services and improve their content and layout;
- manage and protect our information technology infrastructure;
- provide targeted marketing and advertising, provide service update notices, and deliver promotional offers based on your communication preferences;
- contact you at any telephone number, by placing a voice call or through text (SMS) or email messaging;
- perform creditworthiness and solvency checks, and compare information for accuracy and verify it with third parties.
We may contact you via electronic means or postal mail to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, or as otherwise necessary to service your account. Additionally, we may contact you to offer coupons, discounts and promotions, and inform you about Perfume Personality Services and the services of our corporate family. Finally, we may contact you as necessary to enforce our policies, applicable law, or any agreement we may have with you. When contacting you via phone, to reach you as efficiently as possible we may use, and you consent to receive, autodialed or prerecorded calls and text messages. Where applicable and permitted by law, you may decline to receive certain communications.
We do not sell or rent your personal information to third parties for their marketing purposes. We may combine your information with information we collect from other companies and use it to improve and personalise Perfume Personality Services, content, and advertising.
When you access our website or use Perfume Personality Services, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, pixel tags, "Flash cookies," or other local storage provided by your browser or associated applications (collectively "Cookies"). We use these technologies to recognise you as a customer; customise Perfume Personality Services, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our sites and Perfume Personality Services.
You are free to decline our Cookies if your browser or browser add-on permits, unless our Cookies are required to prevent fraud or ensure the security of websites we control. However, declining our Cookies may interfere with your use of our website and Perfume Personality Services.
18.4 How We Protect and Store Personal Information:
We store and process your personal information on our computers in South Africa where our facilities are located. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access authorisation controls.
18.5 How We Share Personal Information with Other Third Parties:
We may share your personal information with:
- Members of the Perfume Personality corporate family, to provide joint content, products, and services (such as registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services, and communications.
- Credit bureaus and collection agencies to report account information, as permitted by law.
- Banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you meet their criteria which includes having Perfume Personality close your Perfume Personality Account due to your breach of the Perfume Personality User Agreement).
- Law enforcement, regulators, government officials, or other third parties in relation to a subpoena, court order, or other legal process or requirement under South African law or regulation, or the laws and regulations of other jurisdictions that are applicable to Perfume Personality or one of its Affiliates; when we need to do so to comply with such law or credit card rules; or when we believe, in our sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss; to report suspected illegal activity or investigate violations of our User Agreement.
19.1 These Terms and Conditions shall commence from the date on which they are published on the Site and continue indefinitely, as amended by Personalised Perfumes from time to time, for so long as the Site exists and is operational, Personalised Perfumes being entitled to terminate these Terms and Conditions and/or shut down the Site at any time (subject to still processing any orders then already placed and accepted by Personalised Perfumes). However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
19.2 No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
19.3 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
19.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
19.5 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
19.6 No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
19.7 A full record of every sale and related transaction between you and Personalised Perfumes shall be maintained on the Site for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter you shall be responsible for retaining your own record of the relevant sale or related transaction.
19.8 Any and all copyright subsisting in the Website, vests in Personalised Perfumes and all rights not expressly granted are reserved.
19.9 When you visit the Site or send e-mails to Personalised Perfumes, you consent to receiving communications from Personalised Perfumes electronically and agree that all agreements, notices, disclosures and other communications sent by Personalised Perfumes satisfy any legal requirements, including but not limited to the requirement that such communications should be in "writing”
19.10 These terms are subject to the provisions of the Electronic Communications and transactions Act no. 25 of 2002 (the Act”) and any of the terms that are in conflict with any of the compulsory provisions of the Act will be deemed to have been modified so as to comply with such provisions of the Act.
20. Amendment to the General Business 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. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using it in any way, the Site as continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
Save for Personalised Perfumes being liable to you – under the Consumer Protection Act 68 of 2008 ("CPA”) in relation to any products sold by Personalised Perfumes to you via the Site. Neither Personalised Perfumes nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, Personalised Perfumes makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to us.The Site itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Personalised Perfumes and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.