Terms of Service
Divine Scent is an online based business, which means we do not have a walk-in store, but we do deliver all over.
Please ensure that you have read and understand the "What are Reject Perfumes" page before making any purchase. No claims made on products and no false promises, to be ordered and bought at one’s own choice and one’s own discretion. Ideal as gifts or Presents and at prices like these affordable everyday uses. These Designer fragrances are imported reject fragrances due to small defects, however the ingredients contain the original notes/scents.
We sell all our fragrances in their original LIKED branded packaging
- Disclaimers and Exclusions of Liability:
1.1. Designer Fragrances:
1.1.1. All fragrances are sold in their branded packages and bottles and they are completely sealed. However, in certain cases, the older designs of bottling and packaging are present and there might be slight deviations in packaging or product recipe.
1.1.2. Some of these fragrances have been in a longer period of circulation, therefore the scent may not last as long as the items you would purchase from the store, which you are used to (taking into consideration that these fragrances are priced at a fraction of the retail store price). Please also know that certain countries like Dubai have different recipes and include less alcohol in their recipes so the smell might be a bit more gentle or last for a little less time.
1.1.3. Do not draw comparison with the fragrances purchased from us to those in retail stores, due to the following:
- The fragrances are not manufactured locally and are imported from another country, without the consent of the intellectual property right owner;
- The fragrances are then sold to the public at a reduced price and without the usual guarantee and/or after sales service;
- Also, some manufacturers use varying alcohol bases (stated below);
- Kindly note that the fragrances are made in differing factories as original SA store bought fragrances and brought into South Africa as reject stock; and
- The fragrances are NOT labelled as fake fragrances, as fake fragrances are labelled incorrectly, and named differently.
1.1.4 These fragrances are imports that are reject stock, therefore small defects may be present.
1.1.5 In some cases, slight damage to the packaging.
1.1.6 In some cases, a cap that is not firm or tight may occur.
1.1.7 In some cases, incorrect branding.
1.1.8 In some cases, minor scratches.
1.1.9 These fragrances are NOT imported from China.
1.1.10 These fragrances are NOT water or oil-based fragrances.
- Terms & Conditions:
2.1. The quality of the fragrance may vary. All brands do not have the same quality, as some brands have been circulating for longer periods than other fragrances, and we cannot always guarantee which fragrance/brand has been in a longer period of circulation or not.
2.2. You may purchase a fragrance, in which the quality of packaging may also be different, as the packaging may be an older design because designs get redesigned over time as well.
2.3. These are rejected fragrances. They are not store quality and neither are they store-purchased fragrances. However, these fragrances are still great value for money, as they are not remakes made in China.
2.4. It may happen in the case of imported fragrances from other countries, that the concentration levels of the fragrances may be different to that of the local fragrances that you would find in your local retail store. This is because they are manufactured in different manufacturing factories. They use varying alcohol bases around the world i.e. uses grape-based alcohol; Europe uses a potato-based alcohol (Vodka), and the USA uses a grain-based alcohol.
2.5. Reformulation of fragrances occurs often, which gives rise to a variety of vintages and batches, hence the same fragrance can vary in scent from one country to another, depending on where it was made or imported from. Therefore, in some instances, our fragrance may not last long as the local fragrance that you are used to.
2.6. We are not claiming that this would be the result of your purchase, however it could in some cases be the result.
2.7. These are imported fragrances. We cannot guarantee the result of the fragrance, since as these are fragrances are not purchased from a store but are imported as reject fragrances. We do not physically assess every box individually to see the cause of its reject.
2.8. All fragrances are premium alcohol-based fragrances.
2.9. A guarantee on items purchased cannot be granted that all fragrances purchased are reject free therefore the price has drastically been reduced and purchased on own risk and called rejected imported fragrances.
2.10 These are reject fragrances for consumers who do not wish to pay the high retail price, due to various reasons such as their own body chemistry whereby the alcohol is dissolved too quick into their skin leading to more than once spritz of the fragrance in a day or desire to purchase designer fragrances as gifts all year round.
- Return and refunds:
3.1. Due to the nature of the fragrances, there are NO REFUNDS or RETURNS. All items are purchased are at one’s own discretion after reading disclaimers. By purchasing any fragrances, the consumer agrees to the following:
- Consumer was aware of the potential specific defects; and
- Consumer understands that the items received may arrive in the condition mentioned above.
- Why are our prices cheaper?
We buy direct and sell direct to ensure our customers receive the best affordable prices. Our products are sourced from international markets which have a greater economy. By sourcing the products at cheaper prices and by-passing local wholesalers, we can offer customers affordable prices. To many consumers, the lower prices are worth the "back door" implications. Even though the fragrances are a fraction of the cost, these are proper alcohol-based perfumes (not water or oil-based) which are boxed and sealed in their branded packaging. They look and smell like the authentic perfume we all know and love however, they don't last as long because they are sold as rejects, either caused during manufacturing or shipment, or almost close to their expiry date
(although alcohol-based fragrances can last up to 5-8 years). The fragrances we sell look and smell the same. They are delivered in sealed packages and in
their branded box, however you might have to spray the fragrance during the course of the day.
Also, the fragrances may possess a slight defect on the bottle or packaging. If this is an issue, we suggest you purchase from retail stores at the FULL price. Our fragrances are ideal for everyday use and are more affordable. We do have happy loyal customers and we provide advice and assistance to all our customers.
All fragrances are VAT inclusive and excludes delivery charges.
- All fragrances are subject to availability.
- All fragrance prices are subject to change.
- All fragrances are while stock lasts since products are sold swiftly.
- When placing orders, confirm firstly if stock is available
- In certain unforeseen cases, a fragrance may go out of stock after ordering, we suggest purchasing something that is in stock to avoid disappointment
This website is operated by Divine Scent. Throughout the site, the terms “we”, “us” and “our” refer to Divine Scent. Divine Scent offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
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 the sole discretion of us. 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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.
For more detail, please review our Returns Policy.
SECTION 7 - 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 Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices 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.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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.
SECTION 13 - DISCLAIMER 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.
In no case shall Divine Scent our directors, officers, employees, affiliates, agents, contractors, interns, 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Divine Scent and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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.
SECTION 15 - SEVERABILITY
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.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@DivineScent.co.za