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1.General

 

1.1 For purposes of these General Terms and Conditions and elsewhere on the website SCENTWORKS head office is located at 74 Kyalami Boulevard, Kyalami Business Park, Midrand, 1684, South Africa; email info@scentworks.co.za

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2. Application

 

2.1 These General Terms and Conditions will apply to any and all agreements and legal relations pursuant to which SCENTWORKS acts as supplier of items.

 

3.Product specifications; pricing; typographical errors

 

 3.1 SCENTWORKS will not be required to execute an order or compensate a buyer for any loss if SCENTWORKS made an error when presenting the item, formulating its characteristics or stating its price, and

 

i) it should have been clear to the buyer that such involved a typographical error; or
ii) if the buyer should not, under the circumstances, have reasonably relied on SCENTWORKS delivering quoted item, with stated characteristics, at this price.

​4. Prices

 

4.1 Products sold by SCENTWORKS are billed in Rands and include VAT.

 

5. Costs of Delivering the Items

 

5.1 All prices of the items posted on the website are exclusive of delivery costs.

 

5.2 Delivery costs will be stated separately when settling the order and may vary for each order.

 

6. Delivery and Delivery Period

 

6.1 SCENTWORKS shall endeavour to supply the items ordered, provided that SCENTWORKS has such items in stock, to the delivery address within 5 – 10 working days of the order confirmation and the required receipt of payment. Prior to delivering an order, the buyer may be contacted to verify the correctness of the order. This may cause some delay in delivery. When registering, buyers must state a telephone number on which they can be reached during the day (such as their number at work or a mobile phone number), so that the delay, if any, will be as short as possible.

 

6.2 The delivery periods referred to above are of an indicative nature only. Should any order not be delivered within 21 days, the buyer will be entitled to cancel the order at no charge.

 

6.3 SCENTWORKS shall arrange delivery by our preferred courier service and at SCENTWORKS sole discretion. Note that a signature will be required for receipt of all residential deliveries.

 

6.4 SCENTWORKS may dispatch the delivery in parts; however, any extra costs for such additional deliveries will be borne by SCENTWORKS.

 

7. Stock Availability

 

7.1 Stock on offer items is limited. SCENTWORKS shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, SCENTWORKS shall only be liable to refund monies where it is unable to fulfill orders at advertised prices.

 

8. Payment

 

8.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

 

8.2 Payment can be made for Goods via –

 

    1. Paypal;

    2. Debit card

    3. Credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

    4. Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. SCENTWORKS will not accept your order if payment has not been received;

    5. Instant EFT;

 

8.3 You may contact us via email at info@scentworks.co.za to obtain a full record of your payment. We will also send you email communications about your order and payment.

 

8.4 Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the goods.

 

  1. Agreements of Sale

 

9.1 Placing an item in a shopping basket, or adding it to a wishlist without completing the purchase cycle, does not constitute an agreement of sale between SCENTWORKS and the purchaser. Users cannot hold SCENTWORKS liable if such items are not available when the purchase cycle is completed; and SCENTWORKS may remove such an item from the shopping basket if no stock is available. An agreement of sale between SCENTWORKS and a user only comes into effect if and when a credit card authorization is received from the issuing bank. SCENTWORKS reserves the right to refuse to accept and/or execute an order without giving any reasons. SCENTWORKS also reserves the right to in its sole discretion cancel orders in whole or in part as circumstances dictate, in which event SCENTWORKS shall only be liable to refund monies already paid by the user.

 

  1. Returns / Refunds Policy

 

10.1 SCENTWORKS shall return products or refund customers in accordance with Sections 55 and 56 of the Consumer Protection Act 68 of 2008 and its Returns/Refunds Policy set out below.

 

10.2 Products may not be returned unless the incorrect product has been supplied or the product is damaged or faulty upon delivery. In such an instance SCENTWORKS will exchange the product on condition that

 

(i) the product is returned in its original condition – including packaging, documentation, warranty cards, manuals and accessories and
(ii) the customer returns the product within seven days of receipt and confirms same by sending a written notice to customerservice@scentworks.co.za (within above-mentioned seven day period).
(iii) All returns must be shipped freight (and insurance) prepaid. The onus is on the customer to ensure that the goods returned are received by SCENTWORKS within 7 days of written notice.

 

On receipt and acceptance of returned product SCENTWORKS will make all reasonable effort to exchange said product, but if replacement is not possible SCENTWORKS will refund the purchase price, including delivery cost. Such amount will be refunded within 30 days of cancellation; beginning on the day written notice was given.

 

  1. Standard Warranty Policy

 

11.1 SCENTWORKS provides a 1-year warranty on all products sold on its website against defects from the date of delivery.

 

11.2 We cannot offer exchanges, replacements or account credits on products, unless they are faulty or not as described if the original packaging has been opened, where the seal has been broken or where the product has been used.

 

  1. Applicable Law

 

12.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

 

  1. Privacy policy

 

13.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

 

13.2 Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

 

    1. your name and surname;

    2. your email address;

    3. your physical address;

    4. your gender;

    5. your mobile number; and

    6. your date of birth.

 

13.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

 

13.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

 

13.5 SCENTWORKS will not, without your express consent use your personal information for any purpose other than as set out below:

 

      1. in relation to the ordering, sale and delivery of Goods;

      2. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);

      3. to inform you of new features, special offers and promotional competitions offered by us(unless you have opted out from receiving marketing material from us); and

      4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or

 

13.5.1 Disclose your personal information to any third party other than as set out below:

 

      1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

      2. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;

      3. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit.

 

13.6 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, SCENTWORKS is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

 

13.7 We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

 

13.8 Ratings and Review

 

When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.

 

13.8.1 We will –

 

    1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

    2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

    3. provide you with access to your personal information to view and/or update personal details;

    4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

    5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

    6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

 

13.8.2 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

 

13.8.3 SCENTWORKS will store the data provided by buyers in a data file. Such data will be used to execute buyers’ orders and will be kept as long as necessary to handle any complaints about the execution of an order. No data will be passed on to third parties if such should jeopardize the buyer’s privacy.

 

  1. Changes to Agreement

 

14.1 SCENTWORKS may, at its sole discretion, change this agreement or any part thereof at any time without notice.

 

  1. Intellectual Property Rights

 

15.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to SCENTWORKS and as such are protected from infringement by local and international legislation and treaties.

 

  1. Domicilium

 

16.1 SCENTWORKS chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever the following:

 

    1. Full name: SCENTWORKS (Pty) Ltd, a private company registered in South Africa with registration number 2016/111123/07

    2. Main business: Wholesale trader and online retailer

    3. Physical address for receipt of legal service: 74 Kyalami Boulevard, Kyalami Business Park, Midrand, 1684, South Africa.

    4. Phone number: +27 11 488 1066

    5. Official email address: info@scentworks.co.za

TERMS AND CONDITIONS

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