Terms of service

Essence Emporium Fragrances — Terms and Conditions

 

1. Introduction

These Terms and Conditions govern the use of the Essence Emporium Fragrances website, the purchase of products from us, and interactions between Essence Emporium Fragrances and its customers.

By accessing our website, placing an order, making payment, or accepting delivery of products purchased from us, you agree to be bound by these Terms and Conditions, together with our Privacy Policy, Refund and Return Policy, Shipping Policy, and any other policies displayed on our website.

If you do not agree with these Terms and Conditions, please do not use our website or place an order.

Nothing in these Terms is intended to exclude, limit, or waive any consumer right that cannot legally be excluded under applicable South African law.

2. Acceptance of Terms

By using this website or placing an order, the customer confirms that they:

  • Have read and understood these Terms and Conditions;

  • Agree to provide accurate information;

  • Agree to the applicable product descriptions and disclosures displayed at the time of purchase; and

  • Understand that certain products may be supplied as parallel imports.

These Terms form part of the agreement between the customer and Essence Emporium Fragrances, subject to applicable law.

3. Customer Eligibility

Customers must be legally capable of entering into a binding agreement or, where legally required, have the consent of a parent or legal guardian.

Customers are responsible for ensuring that the information supplied during checkout is accurate and complete.

4. Product Descriptions and Website Information

We make reasonable efforts to ensure that product descriptions, images, prices, availability information, and other information displayed on our website are accurate.

However, reasonable differences may occur between product images and the physical product received, including differences in:

  • Packaging;

  • Box design;

  • Labels;

  • Language;

  • Regional markings;

  • Promotional inserts;

  • Batch or production markings; and

  • Other non-material presentation features.

Product images are used for identification and illustrative purposes and may not always reflect the exact regional packaging supplied.

These differences alone do not necessarily mean that a product is incorrect, defective, or counterfeit.

We reserve the right to correct obvious errors, including pricing, product information, or stock errors, subject to applicable law.

5. Parallel Import Disclosure

Some products sold by Essence Emporium Fragrances may be parallel imports, also commonly referred to as grey imports.

Parallel-imported goods are products obtained through distribution channels outside the official or authorised local distribution network.

Where applicable, customers acknowledge that a product may:

  • Have been intended for sale in another country or market;

  • Be imported through a distribution channel other than the official South African distributor;

  • Have different packaging or labelling from products distributed locally;

  • Contain foreign-language information;

  • Have different regional or batch markings;

  • Have different promotional materials or inserts; or

  • Differ in non-material presentation from locally distributed stock.

The supply of a parallel-imported product does not, by itself, mean that the product is counterfeit.

Customers are encouraged to review all product descriptions and applicable parallel-import disclosures before placing an order.

6. Product Authenticity

Essence Emporium Fragrances represents products as genuine only where we have a reasonable basis for doing so based on the information and records available to us from our supply channels.

Where a product is sold as genuine, Essence Emporium Fragrances does not knowingly sell counterfeit goods.

We take reasonable steps to source products through supply channels that we believe to be legitimate.

However, customers acknowledge that:

  • Packaging differences may occur between regions;

  • Parallel-imported products may differ from locally distributed products;

  • Batch codes, labels, box designs, language, and presentation may differ by market;

  • Product reformulations or manufacturer packaging updates may occur; and

  • Packaging differences alone are not conclusive proof that a product is counterfeit.

Nothing in these Terms prevents a customer from raising a genuine concern regarding product authenticity.

If Essence Emporium Fragrances determines, after investigation, that a product was incorrectly described, defective, materially different from the product ordered, or otherwise failed to meet applicable legal standards, the matter will be handled in accordance with applicable law.

7. Authenticity Complaints and Investigation Procedure

If a customer believes that a product received is counterfeit, materially incorrect, or not as described, the customer must contact Essence Emporium Fragrances and provide reasonable details of the concern.

Where reasonably required to investigate the complaint, we may request:

  • Clear photographs of the product and packaging;

  • Photographs of batch or identification markings;

  • Proof of purchase;

  • The order number;

  • A description of the alleged issue;

  • Information regarding how the product was stored or handled; and

  • Any other reasonable information relevant to the investigation.

Customers must not alter, tamper with, relabel, refill, damage, or dispose of a disputed product before allowing a reasonable opportunity for the matter to be investigated.

Where inspection of the product is reasonably necessary, the customer may be required to return the product before a final determination is made.

This investigation process does not remove or limit any rights the customer may have under applicable law.

8. Incorrect Goods

If Essence Emporium Fragrances supplies a product that is materially different from the product ordered, the customer must contact us as soon as reasonably possible and provide the order details and reasonable evidence of the alleged error.

Where an incorrect product has been supplied due to an error by Essence Emporium Fragrances, we may, depending on the circumstances and applicable law:

  • Arrange collection or return of the incorrect product;

  • Supply the correct product;

  • Offer an agreed replacement; or

  • Provide an appropriate refund.

Customers must not intentionally retain both the incorrect product and receive a replacement or refund unless Essence Emporium Fragrances expressly agrees otherwise.

Where reasonably required, the disputed or incorrectly supplied product must be made available for collection or returned for inspection.

9. Product Availability and Stock Shortages

All products are subject to availability.

Although we make reasonable efforts to maintain accurate stock information, products may become unavailable due to:

  • High demand;

  • Supplier shortages;

  • Inventory discrepancies;

  • Stock damage;

  • Supply-chain interruptions; or

  • Circumstances beyond our reasonable control.

If a product ordered is unavailable, Essence Emporium Fragrances may contact the customer and offer:

  • A comparable product;

  • An alternative product of equal or greater value;

  • Another product selected by the customer, subject to any agreed price difference; or

  • A refund for the unavailable product where an alternative is not accepted.

No substitute product will be supplied without the customer's agreement where customer consent is required by applicable law.

If the customer does not accept an offered alternative, the unavailable product will not automatically be replaced with a different fragrance without appropriate agreement.

10. Order Acceptance and Cancellation

Submitting an order does not necessarily guarantee acceptance of that order.

Essence Emporium Fragrances reserves the right to decline or cancel an order where reasonably necessary, including where:

  • The product is unavailable;

  • There is an obvious pricing error;

  • Payment cannot be verified;

  • Incorrect information was supplied;

  • Fraudulent or suspicious activity is reasonably suspected;

  • The transaction cannot lawfully be completed; or

  • Fulfilment has become impossible or impractical.

Where payment has been received for an order that cannot be fulfilled, the matter will be handled in accordance with applicable law and an appropriate refund or alternative arrangement will be considered.

11. Pricing and Promotions

Prices and promotions displayed on our website may change from time to time.

The price applicable to an accepted order will generally be the price confirmed at checkout, subject to the correction of an obvious and inadvertent error where legally permitted.

Promotional offers may be subject to separate conditions, including:

  • Limited availability;

  • Specific dates;

  • Selected products;

  • Quantity limitations; or

  • Other disclosed promotional conditions.

12. Refund and Return Policy

12.1 General

Essence Emporium Fragrances does not provide refunds or exchanges merely because a customer has changed their mind, except where required by applicable law.

However, this does not limit a customer's rights where goods are:

  • Incorrectly supplied;

  • Defective;

  • Unsafe;

  • Not of acceptable quality;

  • Materially different from what was ordered or described; or

  • Otherwise subject to a return or refund right under applicable law.

12.2 Damaged Products

If a product is visibly damaged upon delivery, customers should contact us as soon as reasonably possible and provide relevant photographs or other reasonable evidence.

Where the damage occurred before delivery or is attributable to our supply or fulfilment process, the matter may be resolved through replacement, refund, or another appropriate remedy.

12.3 Incorrect Products

Where a materially incorrect product is supplied due to an error by Essence Emporium Fragrances, the customer may be required to make the incorrect product available for collection or return.

Once the matter has been reasonably verified, we may arrange a replacement, exchange, or refund as appropriate.

12.4 Defective Products

Customers retain applicable statutory rights regarding goods that fail to meet legally required standards of quality, safety, durability, or performance.

Where a defect is alleged, Essence Emporium Fragrances may reasonably inspect the product before determining the appropriate remedy.

12.5 Authenticity Disputes

An allegation that a product is counterfeit will be taken seriously.

Where a customer raises a reasonable authenticity concern, Essence Emporium Fragrances may investigate the matter using available records and reasonable evidence.

The existence of different:

  • Packaging;

  • Language;

  • Labels;

  • Batch markings;

  • Regional presentation; or

  • Distribution channels

does not, by itself, establish that a product is counterfeit.

A customer raising an authenticity concern may be required to provide reasonable supporting information and, where necessary, make the product available for inspection.

If a product is found to have been incorrectly represented or otherwise fails to meet applicable legal requirements, the customer will be entitled to the remedies required by law.

12.6 Returned Products

Where a return is approved or required, the product should, where reasonably possible, be returned with:

  • The original product;

  • Original packaging;

  • Relevant accessories or included items; and

  • The order or purchase information.

Customers should not return products without first contacting Essence Emporium Fragrances and receiving appropriate instructions, unless applicable law provides otherwise.

12.7 Refund Processing

Where a refund is approved or legally required, it will generally be processed using the original payment method where reasonably possible.

Processing times may depend on the payment provider or financial institution.

A refund does not generally require Essence Emporium Fragrances to refund a customer while also allowing the customer to permanently retain the disputed product, unless applicable law requires otherwise or Essence Emporium Fragrances agrees to such an arrangement.

13. Delivery

Delivery times provided on our website are estimates unless expressly stated otherwise.

Delivery may be affected by:

  • Courier delays;

  • Weather;

  • Public holidays;

  • Operational delays;

  • Incorrect customer information; or

  • Circumstances outside our reasonable control.

Customers are responsible for providing accurate delivery information.

Where a customer provides an incorrect or incomplete address, additional delivery costs may apply.

14. Customer Information

Customers are responsible for ensuring that all information supplied to Essence Emporium Fragrances is accurate.

We may delay, suspend, or cancel an order where reasonably necessary due to:

  • Incorrect information;

  • Payment verification issues;

  • Suspected fraud;

  • Delivery concerns; or

  • Other reasonable security concerns.

15. Fraudulent or Abusive Claims

Essence Emporium Fragrances reserves the right to investigate complaints where there are reasonable grounds to suspect:

  • Fraud;

  • False claims;

  • Abuse of refund procedures;

  • Attempts to obtain both a refund and retain the product;

  • Product substitution or tampering;

  • Use of a different product in a return; or

  • Other dishonest conduct.

Any investigation will be conducted reasonably and in accordance with applicable law.

Nothing in this section prevents a genuine consumer from exercising a lawful right or submitting a legitimate complaint.

16. Chargebacks and Payment Disputes

Customers are encouraged to contact Essence Emporium Fragrances directly before initiating a payment dispute so that we may have a reasonable opportunity to investigate and resolve the matter.

Where a payment dispute or chargeback is initiated, Essence Emporium Fragrances may provide relevant transaction records to the applicable payment provider, including:

  • Order records;

  • Customer communications;

  • Product descriptions;

  • Parallel-import disclosures;

  • Delivery confirmations;

  • Tracking information; and

  • Other relevant evidence.

This does not prevent a customer from exercising any lawful right to dispute a transaction.

17. Third-Party Services

Our website may use third-party services, including:

  • Payment providers;

  • Courier companies;

  • Website platforms;

  • Analytics providers; and

  • Other service providers.

Essence Emporium Fragrances is not responsible for the independent systems, policies, or operational failures of third-party providers, except to the extent that responsibility cannot lawfully be excluded.

18. Customer Conduct

Customers must not:

  • Use the website for unlawful purposes;

  • Submit knowingly false information;

  • Attempt to interfere with website security;

  • Engage in fraudulent payment activity;

  • Abuse staff; or

  • Intentionally make false claims regarding orders or products.

We may take reasonable steps to protect our business, staff, customers, and systems from fraudulent or abusive activity.

19. Privacy

Customer information is processed in accordance with our Privacy Policy and applicable South African data-protection law.

Information may be shared with authorised service providers where reasonably necessary to process payments, fulfil orders, deliver products, investigate fraud, or resolve disputes.

20. Limitation of Liability

To the extent permitted by applicable law, Essence Emporium Fragrances will not be liable for indirect or consequential losses arising from:

  • Website interruptions;

  • Delays outside our reasonable control;

  • Third-party courier delays;

  • Supplier disruptions; or

  • Other circumstances outside our reasonable control.

Nothing in these Terms excludes liability where such exclusion would be unlawful.

21. Governing Law

These Terms and Conditions are governed by the laws of the Republic of South Africa.

Any dispute will be handled subject to applicable South African law and the rights of consumers under relevant legislation.

22. Changes to These Terms

Essence Emporium Fragrances may update these Terms and Conditions from time to time.

The version published on our website will apply from the effective date shown, subject to applicable law.

Customers are encouraged to review these Terms periodically.

23. Contact Information

For questions regarding orders, product authenticity, parallel imports, refunds, returns, or complaints, customers may contact Essence Emporium Fragrances using the contact details published on our website.