We are Scents8, this is our website available at https//scents8.co.za and these are our legal terms, including our
- Terms of use – which you agree to by visiting this website;
- Terms of sale – which you agree to by checking a check box when you place an order through this website; and
- Privacy policy – which you agree to by checking a checkbox when you submit your personal information through this website and apply when you visit this website.
We may change any of these terms at any time by updating this web page.
If you have any questions about our legal terms, please contact us.
- Licence. We grant you a limited licence to use this website.
- Breach. We may cancel your licence if you breach any of these terms.
- Framing. You may not frame this website.
- Capacity. You agree to the terms on the basis that you have the capacity to visit this website.
- Accurate information. You promise that you will give this website only accurate information.
- Ownership. We or our third party licensors own all rights in this website.
- Trade marks. All our trade marks are our property and you may not use them without our permission. All other trade marks are their respective owners’ property.
- Restrictions. You may not change, hire out, reverse engineer, or copy this website without our permission.
- Own risk. You use this website at your own risk and we make no warranties about it.
- Indemnity. You indemnify us against any liability related to your use of this website.
- Direct damages limited. Our maximum liability to you for all claims for direct damages related to this website is R100.
- Indirect damages. We will never be responsible for any indirect damages.
- Payment options accepted – Payment may be made by Visa, MasterCard or EFT.
- Card acquiring and security – Card transactions will be acquired for Scents8 via PayFast who are the approved payment gateway for all South African Acquiring Banks. PayFast uses the strictest form of encryption, Secure Socket Layer (SSL) technology with high security 256-bit encryption, no Card details are stored on the website.
- Customer details separate from card details – Customer details will be stored by Scents8 separately from card details which are entered by the client on PayFast’s secure site. For more detail on PayFast refer to www.payfast.co.za.
- Introduction. These terms cover any transactions where we provide goods to you through this website.
- The parties. We are the vendor under these terms. You are the customer under these terms.
- Duration. These terms commence when you accept them and continue until terminated.
- Orders. You place orders with us on the following basis:
- you promise that you have the legal capacity to enter into the transaction;
- we only conclude an agreement when we dispatch our goods to you;
- we may cancel any order, but we will refund any money you have paid if we do;
- we conclude an agreement where you are domiciled; and
- each order is a separate agreement, but you breach all of them if you breach one.
- Goods. We sell the goods to you on the following basis:
- you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
- we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timeously;
- risks related to the goods pass to you on delivery;
- ownership in the goods passes to you on payment of the fees in full; and
- you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
- Your data. You own all your data. When you enter your data into the system, you give us a licence to use it to provide the goods. We are not responsible for any of your data stored on our system.
- Intellectual property. We own intellectual property rights in our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
- Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
- Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
- Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.
- Indirect damages excluded. We are not liable for any other losses that they may cause you.
- Breach. Please don’t breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.
- Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to, we will give you as much notice as possible in writing.
- Resolving disputes. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
- Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others’ email addresses and choose their respective street addresses as their service addresses for all legal documents, but they may change either address on 14 calendar days written notice to the other.
- Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
- Entire agreement. The agreement is the entire agreement between the parties on the subject.
- Changes. If we change this agreement by updating this web page, any changes will only apply to future orders.
- Governing law. South African law governs this agreement.
- Jurisdiction. The User consents to the jurisdiction of the Cape High Court in the event of any dispute. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
- DIisclaimer of warranties; Limitation of liability. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.It is our mission that all information on this website is as accurate and up to date as possible, and that all products sold cause no harm to our customers or the environment. However, due to the possibility of human and technical error, Scents8 accepts no responsibility for the accuracy or completeness of information provided on the website. Neither do we accept responsibility for any adverse reactions that any of our products may cause. While we have taken every reasonable measure to ensure that the products sold on this website are of the highest quality and safety.In no case shall Scents8, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
- Indemnification. You agree to indemnify, defend and hold harmless Scents8 and our partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- Payment options accepted – Payment may be made by Visa, MasterCard or EFT.
- Card acquiring and security – Card transactions will be acquired for Scents8 via PayFast who are the approved payment gateway for all South African Acquiring Banks. PayFast uses the strictest form of encryption, Secure Socket Layer (SSL) technology with high security 256-bit encryption, no Card details are stored on the website.
- Customer details separate from card details – Customer details will be stored by Scents8 separately from card details which are entered by the client on PayFast’s secure site. For more detail on PayFast refer to www.payfast.co.za.
Privacy Policy
Last updated: June 29, 2021
This Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either the Company, We, Us, Our in this
Agreement) refers to Scents8.
Cookies are small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to : South Africa
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Scents8, accessible from https://www.scents8.co.za
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify
You. Personally, identifiable information may include, but is not limited to:
Email address
First name and last name
Phone number
Address, Province, Postal code, City
Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all
Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objectsflash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_”
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give
You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers, and general information about other goods, services, and events that we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Service, products, services, marketing, and Your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With business partners: We may share Your information with Our business partners to offer You certain products, services, or promotions.
With Your Consent: We may disclose Your personal information for any other purpose with Your consent.
What we share with others
We share information with third parties who help us provide our orders and store services to you; for example —
Payments
We accept payments through PayFast. When processing payments, some of your data will be passed to PayFast, including information required to process or support the payment, such as the purchase total and billing information.
Please see the PayFast: https://www.payfast.co.za/privacy-policy/ for more details.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
What rights you have over your data
If you have an account on this site or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Correction of your Personal Information
You have the right to ask us to update, correct or delete your personal information. We will take all reasonable steps to confirm your identity before making changes to Personal Information we may hold about you. We would appreciate it if you would take the necessary steps to keep your Personal Information accurate and up-to-date by notifying us of any changes, we need to be aware of.
Information we may receive from third parties:
We may receive information about you from third parties. For example, if you access our website or Service through a third-party e.g., Facebook links, Twitter, Instagram, connection or log-in or by “following,” “liking,” linking your account to Scents8 online store, etc, that third party may pass certain information about your use of its service to Scents8. This information could include but is not limited to, the user ID associated with your account, an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. If you allow us access to your friend’s list, your friends’ user IDs, and your connection to those friends by making it public, may be used and stored to make your experience more social and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join Scents8. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Scents8 online store. You may also unlink your third-party account from the Service by adjusting your settings on the third-party service.
Who on our team has access
Members of our team have access to the information you provide us. For example, the Administrators can access:
- Order information like what was purchased, when it was purchased and where it should be sent, and
- Customer information like your name, email address, and billing and shipping information.
Our team members have access to this information to help fulfill orders, process refunds and support you.
Compromise of information:
In the event that any information under our control is compromised as a result of a breach of security, We Scents8 will take reasonable steps to investigate the situation and where appropriate, subject to section 22 of the POPI Act, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your province, country, or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition, or asset sale, Your Personal Data may be transferred. We will provide notice before Your
Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Children’s Privacy
Our Service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please Contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and require consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page with the Last updated date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
By email: info@scents8.co.za
All orders are shipped with various Couriers. As all our products are in stock and it can take up to 3 business days to process your order, regardless of the shipping option selected at checkout. We ship Monday through Friday, excluding weekends and holidays. We cannot guarantee Saturday delivery. Currently, Scents8 only delivers to addresses in South Africa.
You will receive a confirmation e-mail with the tracking link once your order ships. Express shipping options and any other third-party fees are non-refundable. Kindly note that if inaccurate or incomplete addresses are provided, or if there are unverified details with your order, it may delay processing by an additional 1-3 business days.
We encourage all customers to thoroughly review their shipping and billing information prior to checking out to ensure any possible delays are avoided.
Items returned within 7 days of their original shipment date in the same as new condition, unopened and unused will be eligible for a full refund or exchange. Refunds will be charged back to the original form of payment used for the purchase. The customer is responsible for shipping charges when making returns and shipping/handling fees of the original purchase are non-refundable. All Sale items are final purchases and non-refundable.
Overview
Our refund and returns policy lasts 7 days. If 7 days have passed since your purchase, we can’t offer you a full refund or exchange.
To be eligible for a return, your item must be unused, unopened, and in the same condition that you received it. It must also be in the original packaging.
Refunds
Please contact us with your request for a refund, by sending an email to support@scents8.co.za with your order details and the reason for the return.
We will notify you with a physical return address.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your original method of payment, within a certain amount of days, should this not be possible we will request EFT details to process your refund.
Late or missing refunds
If you haven’t received a refund yet, first check your bank account again.
Next, contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at support@scents8.co.za
Sale items
Only regular priced items may be refunded. Sale items cannot be refunded.
Shipping returns
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of the original shipping will be deducted from your refund. Please make sure you package it sufficiently so that it is not damaged or broken in transit, as we cannot refund you if the item arrives damaged.
If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.