Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Mlandu Fragrances.
Mlandu Fragrances is a trading name operated by Phakamisa Mbadamana as a sole proprietor. The terms “we”, “us” and “our” refer to Mlandu Fragrances and its proprietor.
These Terms of Service govern your access to and use of mlandufragrances.co.za, including purchases made through the website. Our store is hosted by Shopify, and payments are processed through Yoco.
By accessing our website or purchasing from us, you agree to these Terms, our Privacy Policy, Return and Refund Policy and Shipping Policy. If you do not agree, please do not use the website.
Nothing in these Terms limits any rights available under the Consumer Protection Act, the Electronic Communications and Transactions Act or other applicable South African law.
SECTION 1 — ELIGIBILITY AND ACCOUNTS
You must have the legal capacity to enter into a binding agreement or use the website with the permission and supervision of a parent or legal guardian.
You must provide accurate, current and complete information when creating an account or placing an order.
You are responsible for protecting your account credentials and for activity conducted through your account. Please notify us promptly if you suspect unauthorised use.
SECTION 2 — PRODUCTS AND FRAGRANCE REFERENCES
We make reasonable efforts to display and describe our products accurately. Product colours, packaging and appearance may vary slightly because of screen settings, manufacturing updates or photography.
Fragrance perception and performance differ between individuals and may be affected by skin chemistry, application, storage and environmental conditions. A fragrance smelling or performing differently on a customer does not necessarily mean that it is defective.
References to designer fragrances or brands are used only to describe scent inspiration. Mlandu Fragrances is an independent business and is not affiliated with, endorsed by or connected to the referenced designer brands.
We may update product descriptions, packaging and availability, provided that this does not affect orders already accepted or customers’ statutory rights.
SECTION 3 — PRODUCT USE AND SAFETY
Customers must follow all product labels, directions, warnings and reasonable safety precautions.
Perfumes, linen sprays and other alcohol-based fragrance products may be flammable. Keep them away from flames, heat sources, children and pets.
Do not ingest fragrance or grooming products. Avoid contact with eyes and discontinue use if irritation occurs. Customers with allergies or sensitivities should review product information and conduct an appropriate patch test before regular use.
Reed diffuser liquid and car-diffuser contents should be handled carefully to prevent damage to surfaces, fabrics or vehicle interiors.
These precautions do not exclude our responsibility for defective or unsafe products under applicable law.
SECTION 4 — ORDERS
Submitting an order constitutes an offer to purchase. An order is accepted when payment has been successfully processed and we confirm the order.
We may decline or cancel an order where:
• Payment is unsuccessful or suspected to be fraudulent
• A product is unavailable
• The customer supplied materially incorrect information
• There is an obvious pricing or product-information error
• The order would violate applicable law
If we cancel a paid order, we will refund the affected amount using the original payment method.
Please review your products, quantities, delivery method and contact information before completing checkout.
Commercial resale purchases are permitted only under Mlandu Fragrances’ applicable reseller arrangements or terms.
SECTION 5 — PRICES AND PAYMENT
All prices are displayed in South African rand unless stated otherwise.
Mlandu Fragrances is not registered for VAT and does not charge VAT. Delivery charges are calculated and displayed at checkout.
Payments are processed securely through Yoco. Customers must be authorised to use the selected payment method and provide accurate billing information.
Promotions, discount codes and special offers may have separate conditions. Where promotional conditions conflict with these Terms, the specific promotional conditions will apply to that promotion.
SECTION 6 — SHIPPING AND DELIVERY
Our available delivery methods, charges, qualifying order values and estimated delivery periods are described in our Shipping Policy:
https://mlandufragrances.co.za/policies/shipping-policy
Delivery estimates are not guaranteed and may be affected by weekends, public holidays, courier delays, locker availability, remote locations or circumstances beyond our reasonable control.
Customers must provide accurate contact, address and PUDO locker information.
Risk of loss or damage remains with Mlandu Fragrances until the goods have been delivered to the customer or collected from the selected PUDO locker, subject to applicable law.
SECTION 7 — RETURNS, CANCELLATIONS AND REFUNDS
Returns, cancellations, defective goods and refunds are governed by our Return and Refund Policy:
https://mlandufragrances.co.za/policies/refund-policy
Nothing in that policy or these Terms limits a customer’s statutory rights.
SECTION 8 — INTELLECTUAL PROPERTY
The Mlandu Fragrances name, logo, product names, original photographs, descriptions, graphics and website content belong to Mlandu Fragrances or are used with permission.
They are protected by applicable South African and international intellectual-property laws.
You may use the website for personal and lawful shopping purposes. You may not reproduce, distribute, modify, sell, republish or commercially exploit our content without prior written permission.
Third-party names and trademarks remain the property of their respective owners.
SECTION 9 — THIRD-PARTY SERVICES AND LINKS
Our store uses third-party services, including Shopify, Yoco and delivery providers.
Third-party services may be governed by their own terms and privacy policies. We are not responsible for unrelated content or activities on third-party websites.
Nothing in this section removes responsibility that cannot legally be excluded.
SECTION 10 — RELATIONSHIP WITH SHOPIFY
Mlandu Fragrances is powered by Shopify, which provides the technology used to operate the online store.
All purchases are made directly between the customer and Mlandu Fragrances. Shopify is not the seller of Mlandu Fragrances products.
SECTION 11 — PRIVACY
Our handling of personal information is explained in our Privacy Policy:
https://mlandufragrances.co.za/policies/privacy-policy
Shopify and other service providers may process information necessary to provide hosting, payment, delivery and related services.
SECTION 12 — CUSTOMER COMMUNICATIONS AND REVIEWS
If you submit a review, photograph, suggestion or other content, you confirm that you have the right to submit it and that it is truthful and lawful.
You grant Mlandu Fragrances permission to use submitted reviews or feedback for operating and promoting the business. We will not use a customer’s private personal information publicly without appropriate permission.
We may remove content that is unlawful, abusive, misleading, defamatory, infringing or unrelated to our products and services.
SECTION 13 — ERRORS AND AVAILABILITY
Occasionally, information may contain an error relating to descriptions, prices, promotions, availability, delivery charges or delivery estimates.
We may correct genuine errors and notify affected customers. If a material correction affects an accepted order, the customer will be given any remedy required by applicable law.
SECTION 14 — PROHIBITED USE
You may not use the website:
• For unlawful, fraudulent or malicious activity
• To violate another person’s rights
• To distribute malware or harmful code
• To interfere with the website’s operation or security
• To collect personal information without authority
• To impersonate another person
• To submit false or misleading information
• To reproduce or commercially exploit website content without permission
We may restrict access where reasonably necessary to protect customers, the business, Shopify or other service providers.
SECTION 15 — WARRANTIES AND CONSUMER RIGHTS
Products must comply with the quality, safety, durability and suitability requirements imposed by applicable South African law.
Nothing in these Terms excludes the implied warranty of quality or any remedy available under the Consumer Protection Act.
Any disclaimer in these Terms applies only to the extent permitted by law and does not exclude liability that may not legally be excluded.
SECTION 16 — LIMITATION OF LIABILITY
To the extent permitted by law, Mlandu Fragrances is not responsible for indirect or consequential losses that were not reasonably foreseeable and were not caused by our unlawful conduct, negligence or breach of legal duty.
We are not responsible for loss caused by customer misuse, unauthorised alteration, improper storage or use contrary to product directions.
Nothing in these Terms limits liability for defective or unsafe goods, personal injury, gross negligence, fraud or any other liability that cannot legally be excluded.
SECTION 17 — INDEMNITY
To the extent permitted by law, you agree to be responsible for losses reasonably arising from your unlawful use of the website, violation of these Terms or infringement of another person’s rights.
This section does not require a customer to indemnify Mlandu Fragrances for our own unlawful conduct, negligence or breach of statutory duty.
SECTION 18 — TERMINATION
You may stop using the website at any time.
We may suspend or terminate access where reasonably necessary because of fraud, unlawful activity, security threats or a material violation of these Terms.
Termination does not affect rights or obligations that arose before termination.
SECTION 19 — SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, it will be limited or removed only to the extent necessary. The remaining provisions will continue to apply.
SECTION 20 — ENTIRE AGREEMENT AND WAIVER
These Terms and the policies referenced in them form the agreement governing use of the website and online purchases.
A failure or delay in enforcing a right does not amount to a permanent waiver of that right.
SECTION 21 — GOVERNING LAW
These Terms are governed by the laws of the Republic of South Africa.
Disputes will be subject to the jurisdiction of the appropriate South African courts, consumer tribunal, ombud or alternative dispute-resolution body, as applicable.
Nothing in this section prevents a customer from exercising rights through the National Consumer Commission, Consumer Goods and Services Ombud or another competent body.
SECTION 22 — CHANGES TO THESE TERMS
We may update these Terms to reflect changes in our services, operations or legal obligations.
Material changes will apply from the date stated in the updated Terms and will not retrospectively remove rights relating to orders already accepted.
SECTION 23 — CONTACT INFORMATION
Supplier and proprietor: Phakamisa Mbadamana
Trading name: Mlandu Fragrances
Legal status: Sole proprietor
Physical and service address: 01 John Keevy Drive, Pretoria, Gauteng, 0001, South Africa
Email: mlandufragrances@gmail.com
Telephone and WhatsApp: 071 046 5757
Website: https://mlandufragrances.co.za
Mlandu Fragrances is not registered for VAT and does not charge VAT.