WEBSITE TERMS AND CONDITIONS AND DELIVERY & RETURNS POLICY
These terms and conditions govern your use of this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
License to use website
Unless otherwise stated, Novus Fragrances and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or pictures from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Novus Fragrances’ express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Novus Fragrances express written consent.
Access to certain areas of this website is restricted. Novus Fragrances reserves the right to restrict access to other areas of this website, or indeed this entire website, at Novus Fragrances discretion.
If Novus Fragrances provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Novus Fragrances may disable your user ID and password in Novus Fragrances sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Novus Fragrances a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Novus Fragrances the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Novus Fragrances or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Novus Fragrances reserves the right to edit or remove any material submitted to this website, or stored on Novus Fragrances servers, or hosted or published upon this website.
Notwithstanding Novus Fragrances rights under these terms and conditions in relation to user content, Novus Fragrances does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Novus Fragrances makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Novus Fragrances does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Novus Fragrances will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Novus Fragrances has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Novus Fragrances liability in respect of any:
death or personal injury caused by Novus Fragrances negligence;
fraud or fraudulent misrepresentation on the part of Novus Fragrances; or
matters which it would be illegal or unlawful for Novus Fragrances to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Novus Fragrances has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Novus Fragrances officers, Resellers, Distributors or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Novus Fragrances officers, Resellers, Distributors, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Novus Fragrances.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Novus Fragrances and undertake to keep Novus Fragrances indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Novus Fragrances to a third party in settlement of a claim or dispute on the advice of Novus Fragrances legal advisers) incurred or suffered by Novus Fragrances arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Novus Fragrances other rights under these terms and conditions, if you breach these terms and conditions in any way, Novus Fragrances may take such action as Novus Fragrances deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Novus Fragrances may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Novus Fragrances may transfer, sub-contract or otherwise deal with Novus Fragrances rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Novus Fragrances in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with South African Governing Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of South Africa.
Registrations and authorisations
Novus Fragrances is registered with CIPC. Novus Fragrances’ registration number is 2008/005421/07.
Novus Fragrances details
The full name of Novus Fragrances is Novus Fragrances (Pty) Ltd.
Novus Fragrances is registered in South Africa under registration number 2008/005421/07
Novus Fragrances physical address is Unit 16, Zambesi Retail Park, Corner Sefako Makgatho & Moloto Roads, Derdepoort, Pretoria South Africa 0035.
You can contact the General Manager by email to firstname.lastname@example.org.
This document was created using a Contractology template available at http://www.freenetlaw.com.
Delivery and Returns Policy
1. Delivery Policy
All our perfumes are delivered door-to-door within South Africa subject that the delivery is not in a township or in an area that is not within the delivery areas covered by our courier company “Fastway couriers”. If your delivery address is in a township or in an area outside the delivery areas covered by our courier company, an additional delivery fee of R50 will be charged. Novus Fragrances contract a third party to handle the deliveries on its behalf. The courier company charge these additional fees to Novus.
During the checkout process, Novus Fragrances (Pty) Ltd (“Novus Fragrances”) will determine if additional courier charges will be applicable based on your “shipping address”. We currently only deliver in South Africa. Novus Fragrances will deliver within 2 – 6 working days depending on where you live.
Fees and Time Frames
During the check-out process, Novus Fragrances will determine your delivery options based on your delivery address and postal code. For door-to-door delivery in main centres, Novus Fragrances will endeavour to deliver within 2 – 4 working days. For orders outside of main centres, for door-to-door deliveries, Novus Fragrances will endeavour to deliver within 4 – 6 working days.
Novus Fragrances fees and proposed delivery times are summarised below:
| Main centres in SA
|| 2 – 4 working days
|| R85 (subject to not in Townships or areas outside the delivery areas covered by our courier company)
| Outlying areas in SA
|| 4 – 6 working days
|| R85 (subject to not in Townships or areas outside the delivery areas covered by our courier company)
| Townships or areas outside the delivery areas covered by our courier company
|| 4 – 6 working days
2. Late Delivery
The Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") entitles you to cancel your purchase within 7 days’ notice if the products you have purchased are not delivered within the agreed delivery period as specified in the Novus Fragrances terms and conditions. The product(s) in question must be returned to Novus Fragrances in their original state. Any such cancellation must be done via the Novus Fragrances call centre by either calling 087 808 7355 or email to email@example.com. Novus Fragrances will then refund you.
3. Stock shortages
Every effort will be made to ensure that Novus Fragrances can fulfil your entire order once sale comes into effect. However, when packing your order and Novus Fragrances is unable to fulfil certain product(s) in your order, then:
Novus Fragrances will notify you thereof by sending an email to you and will allocate a store credit to your Novus Fragrances account to the value paid for the product(s) that could not be sent to you. Should you wish to be refunded for the products that could not be sent to you please send an email to firstname.lastname@example.org to inform our client service team that you wish to be refunded. Your store credit will then be converted into a refund. Should you have paid by credit card, your requested refund will be credited to your credit card, or if you have paid via EFT, the refund will be paid into your bank account.
If Novus Fragrances does not notify you of the non-fulfilment of the order via email beforehand, and you only become aware of the fact that some of the product(s) are not included in your parcel, please contact Novus Fragrances as soon as possible on 087 808 7355 or email to email@example.com to notify Novus Fragrances thereof so that we can resolve the situation as soon as possible. When you contact Novus Fragrances via email regarding the product(s) that are not in the parcel, please use your order number and the wording “Incomplete order” in the subject line of your email.
4. Exchanging product(s) (non-defective)
You can exchange the product(s) you ordered for a different product(s) within 30-days of your order being delivered to you, subject to the product(s) is/are in their original state (including original packaging) and the requested product(s) is available with Novus Fragrances. Should you wish to exchange a product/s, please contact the Novus Fragrances Call Centre on 087 808 7355 or email to firstname.lastname@example.org and the wording “Your order number – Request Exchange” in the subject line of your email).
Should Novus Fragrances not have stock of your requested exchange product(s), please follow the returns procedure for non-defective products(s) as detailed in Section 9 below.
Please note, Novus Fragrances reserves the right to not accept an exchange if the product you wish to exchange is not returned to Novus Fragrances in the exact sealed packaging it was received in and in a resalable condition.
5. Returning non-defective product(s)
You are entitled to return any purchase concluded on Novus Fragrances website and delivered within South Africa free of charge within 30 days of the product(s) being delivered to you. You will however have to pay the cost associated with collecting the product/s returned from you. In order to obtain a refund of the product/s being returned, the product(s) being returned must be sent back to Novus Fragrances in accordance with the return procedure set out in section 9 below.
If you receive your products purchased and you are not satisfied with your choice of product(s) and wish to return it for a refund as mentioned above, please retain the product(s)’ in their unopened original packaging.
6. Returning incorrect product(s)
Novus Fragrances will make all reasonable efforts to ensure the product information, availability, purchase price and associated delivery times and fees are accurately reflected on the website.
However, should Novus Fragrances deliver the incorrect product(s) to you in error, please do not remove the product/s from its original packaging and do not use the product at all. Please contact the Novus Fragrances Call Centre on 087 808 7355 or send an email to email@example.com and the wording: “Your order number – Incorrect Item” in the subject line of your email) as soon as possible to notify Novus Fragrances thereof. Novus Fragrances will resolve the error by arranging to collect the incorrect product(s) from you and to deliver the correct product(s) to you as soon as possible. Please do not try to place another order for the exact same product you were trying to purchase in order to try to remedy the situation.
7. Returning defective product(s)
Within 30 days of delivery of a product to you, you find that the product is:
· faulty; and/ or
· not commercially acceptable; and/ or
· not legal; and/ or
· reasonably durable (based on the circumstances and product type) ("defective"); and/ or
· unsuitable for the purpose generally intended (or otherwise expressly indicated by Novus Fragrances at time of purchase);
Please contact the Novus Fragrances Call Centre on 087 808 7355 or send an email to firstname.lastname@example.org and use the wording ”your order number – defective item” in the subject line of the email) to notify Novus Fragrances thereof. Novus Fragrances will request pictures of the defective product and will arrange to collect the defective product(s) from you so that it can be inspected by Novus Fragrances . If the product is found to be defective, you are entitled to either –
(a) be fully refunded, or
(b) have the product replaced at Novus Fragrances' expense .
If the product is found NOT to be defective and is commercially acceptable, you will NOT be entitled to replacement or refund but will instead be liable for the costs incurred in having such product(s) returned to Novus Fragrances, and then re-delivered to you.
A product is NOT defective and you will NOT be entitled to replacement or refund under the general warranty above if:
damage arising from incorrect usage of the product; and/or
The fault/damage is as a result normal wear and tear; and/or
the item has a reasonable amount of manufacturing or production imperfections, but is acceptable in accordance with the generally accepted commercial practices.
Third Party Supplier's warranty:
Certain products may come with a third party supplier's guarantee. If so, this will be stated under the product listing on the website. Clear details of these guarantees are given in their listings and no consumer may ask to be covered by a guarantee, covering a wider-rang other than the one shown on such product listing.
Unless defective, the following product types may not under any circumstances be returned to Novus Fragrances:
Products that you or any other person has altered, or added to where such alteration, incorporation or addition has not been authorised by Novus Fragrances.
9. Return procedure to be followed
As outlined in Section 8 above, please do not return any excluded items to Novus Fragrances:
In the event of Novus Fragrances having sent you an incorrect product, please follow the procedure as detailed in Section 6 above.
Should you wish to return an item that is defective or faulty, please follow the procedure as outlined in Section 7 above.
Should you wish to return a non-defective product within 30-days of the date that is was delivered, please retain the product’s original packaging. Follow the return steps as outlined below:
Request a return form from Novus Fragrances at email@example.com.
Fill in and return form
Specify the reason for the return.
Specify if you want to receive credit on your account or a refund.
For exchanges, please call the call centre at 087 808 7355 or email us at firstname.lastname@example.org
Pack item/s into protective packaging
Pack the product(s) in bubble wrap to secure the product(s) you are returning.
Place the items in the courier bag together with a copy of the invoice/delivery note you received with your delivery provided by the courier company. Seal the package in order to make sure the parcel is safely returned to Novus Fragrances.
Should you return products from multiple different orders at the same time, carefully pack the products belonging to the same order number together, and include the relevant delivery note print out. This will ensure a swift returns process.
Returning the parcel
Our courier will contact you to arrange to collect the package from the address you supplied. The courier will contact you within 3 to 10 working days of you requesting the return. Novus Fragrances will pay for the cost of returning the parcel to our warehouse.
Novus Fragrances (Returns),
Unit 16, First Floor
Zambesi Retail Park
Corner Sefako Makgatho and Moloto Roads
Once you have couriered your return package back to Novus Fragrances, please take a photo of your courier slip (Tracking number) and email it, together with your order number, to email@example.com.
Within 10 working days of the returned product(s) having been cleared by Novus Fragrances, we will process the refund:
Should you have requested a store credit Novus Fragrances will process the store credit to your account.
Should you have paid for the associated order via Credit Card the refund will be processed to your credit card.
Should you have paid for the associated order via EFT your refund will be processed to your bank account.
Please follow the steps above carefully in order to avoid the risk of delaying the refund process. IMPORTANT- you will NOT be entitled to any refund if the returned product(s) were not sent back to Novus Fragrances in the original packaging it was received in, in resalable condition.
Novus Fragrances also reserves the right not to refund a returned product if the product is returned without being packed in protective packaging and not safely packed.
Novus Fragrances will also not process a refund on defective or incorrect products should you not have followed the procedures set out in Sections 6 and 7 above.
10. Processing of credits and refunds
Should you be entitled to a refund for any reason, such refund shall either be effected on the credit card used to purchase the product, or be deposited into the bank account used in the Electronic Funds Transfer, within 10 business days of the returned item having been cleared by Novus Fragrances.
Where your Novus Fragrances account has been credited, you will be entitled to use such credit towards other purchases made by you on the website.
If you bought a product/s that was/were on sale and want to return the item, the sale or reduced price will be paid back to you and not the full price.
If you want to return an item that you paid the full amount for but is on sale when you return it, we will pay the full amount and not the sale amount.
11. Fraud Prevention
In the interest of fraud protection, Novus Fragrances reserves the right to refuse processing any payment for any order, and/or to cancel any purchase partially or completely, with notice given to you. Novus Fragrances will be responsible for returning funds for the cancelled portion of the order to you only if you have already paid such funds.