Terms and Conditions

Introduction

The Beautiful Aromas Website can be accessed at www.beautifularomas.co.za, related mobi-sites and software applications (the “Website”, “The Service”) and is owned and operated by The Sales Clinic CC (“The Sales Clinic”, “TSC”, “we”, “us” and “our”).

These Terms and Conditions (“Terms and Conditions”, “Terms”, “T’s & C’s”) govern the ordering, sale and delivery of Goods, and the use of the Beautiful Aromas Website.

  • There are no fees for creating an account on the Beautiful Aromas Website.
  • Creating an account does not sign you up for any newsletters or mailing lists.
  • There are no buying obligations – you order what you want, how many items you want, when you want.
  • We value your privacy. Personal information submitted to us as part of your interaction with us, will be treated with respect in terms of our Privacy Policy.

Personal information

Personal information submitted through the Beautiful Aromas Website is governed by our Privacy Policy. The Privacy Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Returns

Please refer to our Return Policy for more information about returning products (and related refunds, exchanges or repairs). The Return Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Agreement Between User And The Sales Clinic CC

The Beautiful Aromas Website is comprised of various Web pages operated and owned by TSC.

The Beautiful Aromas Website is offered to you conditioned on your acceptance without modification of the terms, conditions, policies and notices contained herein. Your use of the Beautiful Aromas Website constitutes your agreement to all such terms, conditions, policies and notices, as amended from time to time.

These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who selects to create an account as contemplated below (“registered user”).

Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). Your attention is drawn to these T’s & C’s because they are important and should be carefully noted.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to seek legal advice before you accept the T’s & C’s or continue using the Beautiful Aromas Website.

Nothing in these T’s & C’s is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or us in terms of the CPA.

TSC permits the use of this Website subject to the T’s & C’s. By using this Website in any way, you shall be deemed to have accepted all the T’s & C’s unconditionally. You must not use this Website if you do not agree to all the T’s & C’s.

Applicable Law and jurisdiction

This site is controlled and operated from the Republic of South Africa and therefore governed by South African law. These T’s & C’s and our relationship and/or any dispute arising from or in connection with these T’s & C’s shall be governed and understood in accordance with the laws of the Republic of South Africa.

Your continued use of the Beautiful Aromas Website will constitute your consent and compliance to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these T’s & C’s.

Nothing in these T’s & C’s limits your right to approach any court, tribunal or other forum of competent jurisdiction in terms of the CPA.

Modification of these Terms and Conditions

TSC reserves the right to change the terms, conditions, policies and notices under which the Beautiful Aromas Website is offered, or any parts thereof at any time and without notice. Amendments take effect 24 hours after such terms, conditions, policies and notices have been amended on our Website, and your continued use of the site implies your acceptance of the policy as amended. If you do not agree with the changes, then you must stop using the Beautiful Aromas Website and stop ordering our goods or services.

We will indicate the date this policy was last updated at the end of this document.

Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these T’s & C’s.

Links to third party sites

The Beautiful Aromas Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of TSC and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TSC is not responsible for webcasting or any other form of transmission received from any Linked Site. TSC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TSC of the site or any association with its operators.

We are not liable for any harm or damages related to your use of any third party link.

Please review the third-party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

No unlawful or prohibited use

As a condition of your use of the Beautiful Aromas Website, you warrant to TSC that you will not use the Beautiful Aromas Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Beautiful Aromas Website in any manner which could damage, disable, overburden, or impair the Beautiful Aromas Website or interfere with any other party’s use and enjoyment of the Beautiful Aromas Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Beautiful Aromas Website.

In addition to other prohibitions as set forth in the T’s & C’s, you are prohibited from using the site or its content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  8. to collect or track the personal information of others;
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. for any obscene or immoral purpose; or
  11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Domicilium and Notices

The Sales Clinic hereby selects 60 8th Avenue, Boston, Bellville, 7530 as its domicilium citandi et executandi (physical address) and as Postal address and info@beautifularomas.co.za as its email address for the serving of all formal notices and legal processes in connection with these Terms and Conditions and for all other purposes under this agreement. The Sales Clinic may change these addresses from time to time by updating these T’s & C’s.

You select the delivery address and email address specified with your order as your legal addresses, for the same purposes as stated above, but you may change it to any other physical address or email address by giving The Sales Clinic not less than 7 days’ notice in writing.

Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent –

  • by hand will be deemed to have been received on the date of delivery;
  • by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
  • by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

LIABILITY DISCLAIMER

This website is provided “as is”, and you use this website at your own risk. Neither TSC, its directors, employees, affiliates, agents or suppliers shall be responsible for any damages or loss resulting from or relating to the use of this website or any of its content, irrespective of the cause of the damages.

Although goods sold from the Beautiful Aromas website may, under certain specifically defined circumstances, be under warranty, the Beautiful Aromas Website itself and all information provided on the Beautiful Aromas Website is provided “as is”. We make no representations or warranties of any kind, whether express or implied. We disclaim all representations and warranties including but not limited to the website and its availability, the content of the website or the accuracy or completeness thereof, product availability and delivery times, merchantability or fitness for a particular purpose.

The information, software, products, and services included in or available through the Beautiful Aromas Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. TSC and/or its suppliers may make improvements and/or changes in the Beautiful Aromas Website at any time. Advice received via the Beautiful Aromas Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

TSC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Beautiful Aromas Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. TSC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall TSC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Beautiful Aromas Website, with the delay or inability to use the Beautiful Aromas Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Beautiful Aromas Website, or otherwise arising out of the use of the Beautiful Aromas Website, whether based on contract, tort, negligence, strict liability or otherwise, even if TSC or any of its suppliers has been advised of the possibility of damages.

If you are dissatisfied with any portion of the Beautiful Aromas Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Beautiful Aromas Website.

The use of the Beautiful Aromas Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Beautiful Aromas Website or reliance on any information on the Beautiful Aromas Website.

Whilst TSC takes reasonable measures to ensure that the content of the Beautiful Aromas Website is accurate and complete, TSC makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Beautiful Aromas Website or as to the accuracy, completeness or reliability of any information on the Beautiful Aromas Website. If any such representations or warranties are made by representatives of TSC, TSC shall not be bound thereby.

TSC disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Beautiful Aromas Website and/or any content therein unless otherwise provided by law.

Any views or statements made or expressed on the Beautiful Aromas Website are not necessarily the views of TSC, its directors, employees and/or agents.

In addition to the disclaimers contained elsewhere in these T’s & C’s, TSC also makes no warranty or representation, whether express or implied, that the information or files available on the Beautiful Aromas Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of TSC, its employees, agents or authorised representatives. TSC thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Beautiful Aromas Website.

Force Majeure (unforeseeable circumstances)

No party will be responsible for any breach of this agreement caused by circumstances beyond its control, including flood, fire, earthquake, war, storm, hurricane, industrial action, government restrictions, or acts of God.

If there is an event of force majeure, the party affected will contact the other immediately, and they will, within seven days negotiate other ways to carry out any affected responsibilities under this agreement. The parties will continue to comply with the responsibilities that are not affected by the circumstances.

If a party cannot fulfil a material (significant) part of its responsibilities under this agreement for more than 30 days because of Force Majeure, the other party may cancel this agreement by written notice.

Products or Services

Certain products or services may be available exclusively online through the Beautiful Aromas Website. These products or services may have limited quantities and are subject to return or exchange in accordance with our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the Beautiful Aromas Website. We cannot guarantee that the display of any colour on your device, used to access our website, will be accurate.

We only sell to customers within South Africa. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of billing and account information

You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Delivery to you

For deliveries of orders you place with us, we use a reputable courier company (door-to-door deliveries), or a smart locker delivery system. We reserve the right to use any service providers as needed.

You need to ensure that you provide us with a valid delivery address and contact number and choose the correct daytime delivery address and delivery method during the checkout process. We can not take responsibility if your package was delivered to the correct address, but accepted by another person on your behalf.

Please contact us if you do not receive your parcel within the estimated delivery time provided and we will be happy to assist in locating it.

You accept that in order for us to prove delivery of an order, or part there of, we do not have to prove that you personally received the goods, but that any person at the delivery address specified on your order signed for the delivery.

In the case of smart locker delivery or depot collections, we need to prove that somebody, not necessarily you, collected the delivery from the smart locker or depot. Unfortunately, proof-of-delivery records cannot be retained indefinitely and if a delivery has been dispatched by us and not reported missing by you within 3 months of us having dispatched it, the package will be deemed to have been delivered without us having to provide proof of delivery.

Should a delivery be returned to us as undeliverable, we will let you know and request that you to make arrangements to either have the parcel collected from us or re-delivered to you, at your own cost. You authorise us to dispose of, donate, or resell the contents of parcels not collected within 3 months of such request being made.

Should you choose to collect your order or parts thereof from us, we will let you know once each parcel is ready for collection. You authorise us to dispose of, donate, or resell the contents of parcels not collected within 3 months of such notification being sent.

Delivery made to areas outside of the normal delivery areas of our service provider will be subject to a delivery surcharge. The customer will be liable for this surcharge, if applicable, in addition to the price of the product purchased. Kindly note that even if you qualify for ‘Free delivery’ at checkout, you may still be liable for such a delivery surcharge to areas outside the normal areas (for example mining-, distant rural-, secluded- or ‘those considered very unsafe’ areas). Please contact us for confirmation, even if you may or may not anticipate your delivery area may be subject to such a delivery surcharge after checkout and initial payment of your order.

General

TSC may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Beautiful Aromas Website or the user’s right to use the Beautiful Aromas Website or any of its contents subject to us processing any orders then already made by you.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these T’s & C’s to any third party.

Any failure on the part of you or TSC to enforce any right in terms hereof shall not constitute a waiver of that right. Any favour we may allow you will not affect or substitute any of our rights against you.

If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of this agreement if it does not change its purpose. The remaining T’s & C’s will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of the T’s & C’s will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these T’s & C’s.

These Terms and Conditions, the Privacy Policy and Return Policy contain the whole agreement between you and TSC and no other warranty or undertaking is valid, unless contained in these documents between the parties.

Contacting us

You can contact The Sales Clinic CC, Owners and operators of the Beautiful Aromas Website at info@beautifularomas.co.za or 021 945 2138 during the office hours as indicated on the Beautiful Aromas Website.

We are committed to resolve any issue as promptly and respectfully, as possible.

Last updated: 2024/06/04