Terms of service
OVERVIEW
Welcome to Conscent. The terms "we", "us" and "our" refer to Conscent (Pty) Ltd, registration number 2025/805978/07, a private company incorporated in the Republic of South Africa. Conscent operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Conscent is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. Nothing in these Terms is intended to limit or exclude any right you have under the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), or any other applicable South African law.
By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.
SECTION 1 - SUPPLIER INFORMATION
In accordance with section 43 of ECTA, the following information is provided:
- Full name: Conscent (Pty) Ltd
- Registration number: 2025/805978/07
- Physical address: 132 Bellairs Drive, Northriding, Randburg, Gauteng, South Africa
- Website: conscent.co.za
- Email: sales@conscent.co.za
- Telephone: +27 65 293 2635
SECTION 2 - ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are at least 18 years of age, being the age of majority in the Republic of South Africa, or that you are using the Services with the consent and under the supervision of a parent or legal guardian.
To use the Services, you may be asked to provide certain information, such as your email address and billing, payment and delivery details. You warrant that the information you provide is correct, current and complete, and that you have all rights necessary to provide it.
You are responsible for maintaining the security of your account credentials and for activity on your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 3 - OUR PRODUCTS
We make every effort to represent our products accurately. Colours and product appearance may nonetheless differ from how they appear on your screen, depending on your device and its settings.
Our fragrances and reed diffusers are original compositions created by or for Conscent. Where a product description refers to another brand's fragrance, that reference is descriptive only, is used to indicate the scent profile a product is inspired by, and does not indicate any affiliation with, endorsement by, or origin from that brand. All third-party names and marks remain the property of their respective owners.
Product descriptions may change at any time. We may discontinue any product and may limit the quantity of any product offered to any person or region.
Nothing in this section limits your rights under sections 55 and 56 of the CPA to receive goods that are of good quality, in good working order, free of defects, and reasonably suitable for the purpose for which they are generally intended.
SECTION 4 - ORDERS
When you place an order you are making an offer to purchase. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before an order is accepted. We may accept or decline an order at our discretion.
Please review your order carefully before submitting it. Where we do not accept, change or cancel an order, we will attempt to notify you using the email address, delivery address or telephone number provided at the time of the order.
Returns and exchanges are governed by our Refund Policy. Delivery is governed by our Shipping Policy.
SECTION 5 - COOLING-OFF AND CANCELLATION
Where section 44 of ECTA applies to your purchase, you may cancel the transaction without reason or penalty within 7 (seven) days after the date you receive the goods, subject to the exclusions set out in section 42(2) of ECTA. Where you exercise this right, you are responsible for the direct cost of returning the goods.
Certain products are excluded from this right where permitted by law, including goods made to your specification or clearly personalised, and goods which by their nature cannot be returned or are liable to deteriorate rapidly. Several of our fragrances are made to order, and sample packs are prepared according to your selections.
Where a purchase results from direct marketing, section 16 of the CPA may afford you a separate right to rescind within 5 (five) business days.
These rights operate in addition to, and are not limited by, our Refund Policy.
SECTION 6 - PRICES, PAYMENT AND BILLING
Prices, discounts and promotions may change without notice. The price applicable to your order is the price in effect when the order is placed, as set out in your order confirmation. Unless expressly stated otherwise, posted prices include value-added tax where applicable but exclude delivery charges, which are shown separately at checkout.
We may run promotions governed by their own terms. Where those terms conflict with these Terms, the promotion terms govern that promotion.
You agree to provide current, complete and accurate payment and account information, and to keep it updated. You warrant that you are authorised to use the payment method you provide, and that charges incurred will be honoured by your payment provider.
Payments are processed by our third-party payment providers. We do not store your full card details.
SECTION 7 - DELIVERY AND RISK
Delivery timeframes are estimates and are not guaranteed. We are not responsible for delays caused by our courier partners or by events outside our reasonable control, as more fully described in our Shipping Policy.
In accordance with section 19 of the CPA, risk of loss or damage passes to you on delivery of the goods to you or to any person at the delivery address who accepts them on your behalf.
SECTION 8 - INTELLECTUAL PROPERTY
The Services, including all text, displays, images, graphics, video, audio, product photography and the design, selection and arrangement of them, are owned by Conscent or its licensors and are protected by the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993, and other applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit any material from the Services without our prior written consent. All rights not expressly granted are reserved.
"Conscent" and our logos, product names and designs are trade marks of Conscent. You may not use them without our prior written permission. Shopify's marks are the property of Shopify. All other names and marks appearing on the Services belong to their respective owners.
SECTION 9 - OPTIONAL TOOLS AND THIRD-PARTY LINKS
The Services may give you access to tools or content provided by third parties, which we do not control or monitor. These are provided "as is" without warranty or endorsement, and your use of them is at your own risk. You should familiarise yourself with the relevant third party's terms before using them.
The Services may contain links to third-party websites. We are not responsible for the content or accuracy of those websites, and we are not liable for any loss arising from your access to them or from any purchase you make through them. Complaints regarding third-party products or services should be directed to that third party.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
Conscent is powered by Shopify, which enables us to provide the Services to you. Any sale or purchase you make in our store is made directly with Conscent. You acknowledge that Shopify is not responsible for any aspect of a sale between you and Conscent, and you release Shopify and its affiliates from claims arising from your transactions with us, to the extent permitted by law.
SECTION 11 - PRIVACY AND PERSONAL INFORMATION
All personal information we collect through the Services is processed in accordance with our Privacy Policy and the Protection of Personal Information Act 4 of 2013 ("POPIA"). Certain personal information may also be subject to Shopify's Privacy Policy.
Because the Services are hosted by Shopify, information you submit may be transmitted to and processed by Shopify and its sub-processors, which may be located outside South Africa. Our Privacy Policy sets out the basis on which such transfers take place.
SECTION 12 - REVIEWS AND FEEDBACK
If you submit any ideas, suggestions, feedback, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, sub-licensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium, including for commercial purposes.
You warrant that you own or have the necessary rights to the Feedback, that you have disclosed any compensation or incentive received in connection with it, and that it complies with these Terms. We are not obliged to keep Feedback confidential, to pay for it, or to respond to it.
We may, but are not obliged to, monitor, edit or remove Feedback that we consider unlawful, defamatory, obscene, misleading or otherwise objectionable. You agree that your Feedback will not infringe any third party's rights, will not be unlawful or abusive, and will not contain malicious code. You may not misrepresent your identity. You are solely responsible for your Feedback and its accuracy.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Information on the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, delivery charges, transit times or availability. We may correct any such error and may change or update information, or cancel an order, where information was inaccurate, at any time and without prior notice, including after you have submitted an order.
Where an order is cancelled for this reason after payment, we will refund the amount paid in full.
SECTION 14 - PROHIBITED USES
You may use the Services for lawful purposes only. You may not use the Services: for any unlawful or malicious purpose; to contravene any applicable law or regulation; to infringe our intellectual property rights or those of any other person; to harass, abuse, defame or harm any person; to transmit false or misleading information; to transmit unsolicited advertising or spam; to impersonate any person or entity; or to engage in conduct that restricts anyone's use of the Services or may expose Conscent, Shopify or users to liability.
You further agree not to upload malicious code; resell or exploit any portion of the Services; collect or track the personal information of others; spam, phish, spider, crawl or scrape; or interfere with or circumvent security features of the Services. We may suspend or terminate your access where we determine that you have breached these Terms.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at our discretion, and you remain liable for all amounts due up to and including the date of termination. Termination does not affect any order already accepted and paid for, which remains subject to these Terms and our Refund and Shipping Policies.
The following sections survive termination: Intellectual Property, Reviews and Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, and Privacy, together with any provision that by its nature should survive.
SECTION 16 - DISCLAIMER OF WARRANTIES
Information presented on the Services is provided for general information purposes. We do not warrant its accuracy, completeness or usefulness, and any reliance you place on it is at your own risk.
Save as expressly stated by Conscent and subject to the paragraph below, the Services are provided "as is" and "as available" without representation, warranty or condition of any kind. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
Nothing in this section limits or excludes the implied warranty of quality provided for in section 56 of the CPA, your rights under section 55 of the CPA, or any other right that may not lawfully be excluded.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Conscent, its directors, officers, employees, affiliates, agents, contractors, service providers and licensors shall not be liable for any indirect, incidental, special or consequential loss or damage of any kind, including loss of profit, revenue, savings or data, arising from your use of the Services or of any product obtained through them, whether based in contract, delict or otherwise.
Where liability cannot lawfully be excluded, our total liability arising from any order is limited to the amount you paid for that order.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence as contemplated in section 51(1)(c)(i) of the CPA, for liability arising under section 61 of the CPA, or for any other liability that cannot lawfully be excluded.
SECTION 18 - INDEMNIFICATION
You agree to indemnify and hold harmless Conscent, Shopify and our respective affiliates, officers, directors, employees, agents, contractors and service providers against any loss, damage, liability or claim, including reasonable legal costs, arising from your breach of these Terms, your contravention of any law or the rights of a third party, or your access to and use of the Services.
We will notify you of any claim for which indemnity is sought. We may control the defence and settlement of such a claim at your expense, but will not settle a claim imposing non-monetary obligations on you without your consent, which may not be unreasonably withheld. You will cooperate in the defence of such claims.
SECTION 19 - COMPLAINTS AND DISPUTE RESOLUTION
If you have a complaint, please contact us first at sales@conscent.co.za so that we can attempt to resolve it directly.
If a dispute is not resolved, you may refer the matter to the National Consumer Commission, or to any accredited consumer or industry ombud having jurisdiction, in accordance with the CPA. This does not affect your right to approach a court of competent jurisdiction.
SECTION 20 - SEVERABILITY, WAIVER AND ENTIRE AGREEMENT
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision is severable and the remaining provisions continue in full force.
Our failure to exercise or enforce any right or provision does not constitute a waiver of it.
These Terms, together with the policies referred to in them, constitute the entire agreement between you and us in respect of the Services, and supersede any prior agreements or communications, including any earlier version of these Terms.
SECTION 21 - ASSIGNMENT
You may not cede, delegate or assign this agreement or any of your rights or obligations under it without our prior written consent. We may cede, assign or delegate these Terms and our rights and obligations without notice to you.
SECTION 22 - GOVERNING LAW AND JURISDICTION
These Terms, and any agreement under which we supply Services to you, are governed by and construed in accordance with the laws of the Republic of South Africa.
You consent to the jurisdiction of the Magistrates' Court having jurisdiction over you in terms of section 28 of the Magistrates' Courts Act 32 of 1944, notwithstanding that the amount in dispute may exceed that court's monetary jurisdiction. This does not prevent either party from approaching a higher court where appropriate, and does not limit your right to seek redress under the CPA.
SECTION 23 - HEADINGS
Headings are included for convenience only and do not affect the interpretation of these Terms.
SECTION 24 - CHANGES TO THESE TERMS
The current version of these Terms is always available on this page. We may update or replace any part of these Terms by posting changes to our website. It is your responsibility to check this page periodically. We will notify you of material changes in accordance with applicable law. Your continued use of the Services after changes are posted constitutes acceptance of those changes.
The version of these Terms in force at the time you place an order governs that order.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms should be sent to sales@conscent.co.za.
Conscent (Pty) Ltd
Registration number: 2025/805978/07
132 Bellairs Drive, Northriding, Randburg, Gauteng, South Africa
sales@conscent.co.za
+27 65 293 2635
© Conscent (Pty) Ltd. All rights reserved.