“The Company” referred to below shall be known as FRENCH INDUSTRIES S.A. (PTY) LTD
1. All prices are NETT.
2. a) Payment should reach the Company by the 25th of the Month in which the debt falls due.
b) The Company shall be entitled to charge interest on late payment at 2% above the prime overdraft rate at the time upon which payment was due.
3. All packing is free unless otherwise stated.
4. Goods are delivered free within the Republic of South Africa. Elsewhere goods are placed F.O.R. unless specifically arranged to the contrary. When goods are delivered by the Railway, or any other carrier the cost of such goods will be for the account of the purchaser.
5. Ownership in the goods shall not pass to the buyer until all amounts owing by the buyer to the Company in terms of these conditions have been paid in full.
6. Without prejudice to the Company’s other tights in terms of these conditions, if at any time before ownership has passed to the buyer.
a) The whole or part of the price of any goods sold by the Company to the buyer has not been paid on the due date or;
b) The buyer is the subject of any liquidation, sequestration or judicial management proceedings then the Company shall be entitled to cancel the Agreement with the buyer to which these conditions apply and claim repossession of the goods.
7. Should default be made in paying any sum due for any goods as and when it becomes due, the Company shall have the right either to suspend all further delivered until the default be made good, or cancel any undelivered balance of goods ordered.
8. Risk in the goods shall pass to the buyer on delivery to the buyer or to the buyer’s agent or to the carrier, who for the purposes of these conditions shall be deemed to be the buyer’s agent.
9. Any period or date of despatch quoted is given intended as an estimate and the Company will not be liable for any loss or damage arising directly or indirectly out of delay in despatch. The delivery quoted it based on despatch Law Works and is subject to strikes, lockouts, breakdowns of machinery, deficiency of water, fire accidents or other unforeseen circumstances beyond our control.
10. All goods supplied shall be accepted by the buyer voetstoots without warranty expressed and the Company does not expressly or impliedly warrant or represent that such goods or materials are suitable for the purposes of which they are bought or any other particular purpose.
11. The Company shall in no circumstances be held liable to the buyer or any other person for any loss or damage arising from the use of such goods or materials or any portion thereof or from any alleged defects in them.
12. Without prejudice to the foregoing, the Company will be prepared to replace all goods which in its sole and absolute discretion the Company considers to have been defective by reason of faulty material or workmanship provided that such goods shall have been returned to the Company’s factory carriage paid within 14 days after delivery thereof to the buyer. No other conditions herein set out shall be deemed to perjudice, alter or derogate from the provisions of this clause.
13. No responsibility can be accepted for any loss in transit of weight or volume of products through drying or evaporation.
14. Damage, partial loss or deviation must be notified to the Company in writing within 3 days. Non delivery to be notified with in 14 days.
15. Complaints regarding weight and quantity should be made to the Company in writing within 14 days of delivery.
16. Unless expressly accepted by the Company in writing, any division from the contradiction of these conditions in your order form must be deemed to be and will be treated as inapplicable.
Terms and Conditions of Use for the Website
Welcome to the Website, owned and operated by the Company. These Terms and Conditions of use set out the terms that regulate the use of the Website by the user.
ACCEPTANCE OF TERMS
These Terms take effect as soon as you access the Website and is a binding agreement between the Company and yourself. The current version of these Terms will govern both the Company’s and your rights and obligations each time you access this Website. If you do not agree with any provision contained in these Terms, you must immediately stop using the Website. Your failure to do so, and your continued use of the Website, will mean that you have read, understood, and agree to the provisions of these Terms.
USE OF THE WEBSITE
By accessing the Website, you warrant that your use of the Website is for lawful purposes, you are over 18 years of age, and you can legally conclude an agreement with the Company.
You further warrant that you will not contravene any South African or international laws by using the Website, any services offered on the Website, or any information provided to you by the Company through your use of the Website. Except as expressly authorised by these Terms, you may not use, alter, copy, distribute, or transmit any content contained on this Website.
USE OF INFORMATION
The Company conducts its business in accordance with South African legislation applicable to its business. One aspect of such legal compliance relates to data protection. The Company values the privacy of your information and will protect your personal information in accordance with laws and regulations. This includes the Protection of Personal Information Act no 4 of 2013 (POPIA).
By using the Website, you acknowledge, agree and consent to the Company and our suppliers, or any person authorised on our behalf, using your personal information, for any purpose necessary for you to use the Website, or for the Company to render any service to you via the Website.
AMENDMENT OF TERMS
The Company reserves the right to amend these Terms at any time. Whenever the Company concludes any amendments to these Terms, the amended Terms will be posted on this page, together with an indication at the bottom of the page as to the date upon which the Terms were last revised. You agree to review these Terms for any such amendments whenever you visit the Website. Should you not agree to any amendments to these Terms, you must immediately stop using the Website.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
For purposes of these Terms, Intellectual Property Rights means all intellectual property rights including, patents, designs, copyright, trademarks, trade secrets and know-how, applications and registrations, renewals, and extensions.
Unless the contrary is specified in these Terms, all content contained on the Website, or incorporated or embedded in any service offered on the Website, including software, images, text, graphics, illustrations, logos, branding, photographs, and all Intellectual Property Rights in such content, belongs exclusively to the Company. You agree that you will at no time lay claim to the Company content, and to any Intellectual Property Rights subsisting in such content.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license to any Intellectual Property Rights belonging to the Company, and you agree that you will not:
- Modify, port, translate, localise, or create derivative works of the Company content.
- Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques or algorithms contained or incorporated in any Company content.
- Disclose any of the Company content.
- Sell, lease, license, sublicense, copy, market, reproduce, transmit or distribute the Company content.
- Knowingly take any action that would cause any of the Company content to be placed in the public domain.
DISCLAIMER OF WARRANTIES AND LIABILITIES
The Company does not make any warranties, statements, or guarantees, regarding the Website and any services offered on the Website. These are provided on an “as is” basis. Use of the Website, any Company content and any service offered is entirely at your own risk.
The Company makes no warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of any of the foregoing. The Company does not take any responsibility for any errors, omissions or inaccuracies on the Website, the content and any service that may be offered.
Neither the Company nor its shareholders, directors, or employees (Indemnified Parties), shall be responsible for any loss, harm, damage, and expense which may be suffered by you or any third-party, which may be attributable to your access and use of the Website, or any information contained on or received via the Website.
The Indemnified Parties shall not be liable for any loss of business, data or profits, failure, or unavailability of the Website for any reason, and failure by any third-party service provider to render any service which are necessary to ensure the availability of the Website.
You hereby indemnify the Indemnified Parties against any loss, liability, harm, damage, or expense which may be suffered by you or any third-party because of or which may be attributable to any of the above.
In addition to the warranties and indemnities set out above, you hereby agree to hold harmless the Indemnified Parties from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:
- Your violation of any provision of these terms.
- Your violation of any third party right including any Intellectual Property Right, or other property or privacy right.
- Any claim that the user content caused damage to a third-party.
External links may be provided for your convenience; however, the Company makes no representations whatsoever about any third-party Website or its content. Use of any external links provided is entirely at your own risk. It is your responsibility to ensure that you obtain all relevant information and that you read the privacy and security policy displayed on any third-party Website. The Company has no control over such third-party websites and will not be liable for any loss or damage that you may suffer, because of your use of third-party websites.
These Terms shall be governed in accordance with the laws of the Republic of South Africa, and you hereby submit to the jurisdiction of the South African courts. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a competent court in the Republic of South Africa, then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Updated 25 June 2021
Website Privacy Statement
COMMITMENT TO YOUR PRIVACY
Welcome to the Website, owned and operated by the Company, Cosma Perfumes (hereafter referred to as the Company). The Company is committed to protecting the privacy of the user of the website. The Company values the trust of its subscribers and all others who work with it. The Company recognises that maintaining your trust requires transparency and accountability in how the Company handles your personal information. This privacy statement is incorporated into and is subject to the Company’s standard Terms and Conditions relating to the use of the Website.
In performing the Company’s services in the ordinary course of business, the Company may collect, use, and disclose personal information. Anyone from whom the Company collects such information can expect that it will be lawfully protected as far as reasonably possible and that any use of this information is subject to consent, as required by law. This is in line with the general privacy practices of the Company.
We comply with the Protection of Personal Information Act No. 4 of 2013 (POPIA) and the principles outlined in Sections 50 and 51 of the Electronic Communications and Transactions Act No.25 of 2002 (ECTA) which govern your right to having your personal information kept private.
This privacy statement sets out how the Company collects, uses, discloses, and safeguards the Personal Information it processes during its business.
In this privacy statement the Company makes use of the following terms:
“Personal Information” means all information which may be personal in nature or information about an identifiable natural or existing juristic person in terms of POPIA.
“User, you, your or yourself” refers to any person who makes use of the Website.
WHAT PERSONAL INFORMATION DOES THE COMPANY COLLECT AND WHY?
The Company may collect personal information in conducting its ordinary business operations, including using its Website. In processing such personal information, the Company ensures that it complies with the provisions of POPIA, and personal information is used for legitimate business purposes.
The Company limits the use and disclosure of personal information to include only what is permitted in terms of POPIA, where consumers have consented to such collection, use and disclosure.
Confidentiality of your personal information is important to us. We will not use or share your personal information in ways unrelated to the circumstances described in this Website Privacy Statement.
The Company does not, except where otherwise permitted by law, collect, use, or disclose your personal information without your consent.
USE AND DISCLOSURE OF PERSONAL INFORMATION
The Company operates its Website, and conducts its business in general, in accordance with South African legislation. The Company considers it imperative to protect the privacy interests of data subjects. Information that we collect may be stored or processed in and transferred outside of the borders of South Africa. If the Company sends personal information outside of South Africa (including if such information is hosted offshore), the Company will ensure that it takes all reasonable steps to ensure that it complies with all applicable legislation in this regard, including POPIA.
RETENTION OF PERSONAL INFORMATION
All personal information retained on the Company’s database, including such information obtained using the Website, is in accordance with the retention provisions set out in the laws and regulations of South Africa, including those set out in POPIA.
We retain your personal information for as long as reasonably necessary to fulfil the purpose for which it was collected and to comply with laws and your consent to such purpose, remains valid after termination of our relationship with you.
YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION
It is important to note that you have rights in relation to your personal information. You have the right to contact the Company at any time to ask the Company to:
- Confirm that it holds your personal information.
- Provide you access to any records containing your personal information or a description of the personal information that the Company hold about you.
- Confirm the identity or categories of third parties who have had, or currently have, access to your personal information.
The Company aims to ensure that your personal information is accurately recorded. To be able to achieve this, we adhere to processes that help ensure and maintain data accuracy. We provide individuals with reasonable access to review and correct their personal information. The Company’s contact information is as set out on the Contact Us page of this Website.
When you make a request regarding your personal information, the Company will take reasonable steps to confirm your identity. There may be times when the Company cannot grant access to your personal information, including where granting you access would interfere with the privacy of others, or result in a breach of confidentiality. The Company will always provide you with reasons if this is the case.
If you are of the view that any personal information that the Company holds about you is incorrect, including that it is inaccurate, irrelevant, outdated, incomplete, or misleading, you can ask the Company to correct it. If you believe that any personal information that the Company holds about you is excessive or has been unlawfully obtained, you can ask the Company to destroy or delete it.
You may do the same if you think that the Company has retained if for longer than necessary, given the purpose.
It is important, however, to understand that if you withdraw your consent for the Company to use some of your personal information, it may affect the quality and level of service that the Company can provide to you.
When you contact the Company, please let us know your name, address, any email address you have provided and a description of the circumstances under which you provided the data. We will make reasonable efforts to incorporate as soon as practicable the changes in personal information that we maintain.
You have the right to lodge a complaint to the Information Regulator:
By e-mail: email@example.com
To the following postal address: SALU Building, 316 Thabo Sehume Street, Pretoria.
By telephone: 012 406 4818
By Fax: 086 500 3351.
The Company takes security and the protection of personal information seriously. We maintain physical, technical, and organisational safeguards to protect any data that we collect. We have adopted procedures to secure storage of personal information and are committed to working with our data suppliers to protect the security of personal information during any transfer to or from us.
We have also instituted safeguards to identify and help prevent the fraudulent use of personal information. Your personal information is only accessible to those employees, agents, or contractors for business purposes and on a strictly need-to-know basis. For security purposes we then move all the personal information that we collect or obtain about you, to an environment on our network that has controls in place to limit access to and secure the data.
On the Website, we take precautions to secure your personal information. If we ask you to provide your personal information, we will do so through a web page that uses the industry standard secure transport protocol. This protocol provides security for your information by encrypting it as it travels from your computer to our computer.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access to or making alterations to data we maintain.
The Company has adopted a security model to protect your personal information that complies with generally accepted information security practices and procedures. As part of the Company’s security systems, the Company has implemented fire-wall technology, password controls, encryption processes and antivirus software. This is in addition to as the physical security measures adopted by the Company to ensure that it takes all reasonable technical and organisational measures to prevent loss of damage to, or unauthorised destruction of personal information, and unlawful access to or processing of personal information. The Company has a security policy in place that every employee, and supplier of the Company must adhere to.
It is possible for you not to accept cookies while using a website by setting the preference in your web browser.
If you would like more information about cookies, you can visit: http://www.cookiecentral.com/n_cookie_faq.htm.
The Company is not responsible for any representations, information, warranties, or content on any website of any third-party. The Company does not exercise control over third-parties’ privacy policies. The Company is not responsible for how such parties collect, use, or disclose your information. It is important for you to familiarize yourself with their privacy policies before providing them with your personal information.
The Company may use Google Analytics or other similar analytical tools to obtain information collected to display and optimise customer experience on our Website.
Our compliance with this Website Privacy Statement will be monitored on a regular basis. The Company reserves the right to modify this Website Privacy Statement with or without notice. The Website Privacy Statement posted at any time via the Website shall be deemed to be the Website Privacy Statement then in effect. You therefore agree and undertake to review the Website Privacy Statement whenever you visit the Website.
Questions, concerns, or complaints related to this Website Privacy Statement or the Company’s treatment of personal information should be directed to the email address as per the Website Contact Us page.
Updated 30 June 2021