Terms of service

Last Updated: 18 June 2025

1. Introduction

Welcome to moodsa.co.za ("Website"), owned and operated by
POLLYWIGGLES t/a Mood Fragrance SA ("Mood SA," "we,"
"us," or "our"). We are a South African-based fragrance
company selling our products online.

These Terms and Conditions ("Terms") govern your use of this
Website and your purchase of products from Mood SA. By
accessing or using our website, purchasing products, or
engaging with our services, you agree to be bound by these
Terms, as well as our Privacy Policy. If you do not agree to
these Terms, please do not use our website or purchase our products.

These Terms comply with the Electronic Communications and
Transactions Act, 2002, the Consumer Protection Act, 2008, and
other relevant South African laws.

2. Definitions

"Customer" / "You": Refers to the person or entity
accessing or using the Website and/or purchasing products
from Mood Fragrance SA.

"Products": Refers to the fragrances and other items available for purchase on the website.

"Website": Refers to moodsa.co.za.

3. Use of the Website

1. Eligibility:
   By using this Website, you confirm that you are at least 18 years of age or that you are using the Website with the supervision and consent of a parent or legal guardian. If you are under 18, you may only use this Website with the involvement of a parent or guardian.
2. Permitted Use:
   You may use the Website for legitimate shopping purposes and in accordance with these Terms. You agree not to use the Website for any unlawful purpose or in any way that could harm Mood Fragrance SA, its users, or any third party.
3. Prohibited Activities:
4. You agree not to:
   1. Use the Website for any fraudulent or unlawful activity.
   2. Interfere with the operation of the Website or bypass any measures used to prevent or restrict access to the Website.
   3. Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website without our express written permission.
   4. Attempt to gain unauthorized access to any part of the website, other accounts, computer systems, or networks connected to the website.
5. Account Responsibility:
   If you create an account on our website, you are responsible for maintaining the confidentiality of your account details (including your password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account.

4. Product Information and Pricing

1. Product Descriptions:
   We strive to ensure that all product descriptions, images, and specifications on our Website are accurate. However, slight variations in colour or packaging may occur due to manufacturing processes or display settings. We do not warrant that product descriptions or other content of this Website are error-free, complete, reliable, current, or accurate.
2. Pricing:
   1. All prices displayed on the Website are in South African Rand (ZAR) and include Value-Added Tax (VAT) where applicable.
   2. Prices are subject to change without prior notice. The price charged for a product will be the price at the time the order is placed.
   3. We make every effort to ensure pricing accuracy, but in the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price, even if the order has been confirmed and your payment processed. If your payment has been processed, we will issue a refund for the incorrect amount.
3. Product Availability:
   All products are subject to availability. While we endeavour to keep our stock levels accurate, we cannot guarantee that all items will always be in stock. If an item you ordered is unavailable, we will notify you and offer an alternative or a full refund.

5. Orders and Payment

1. Order Placement:
   Placing an order on our Website constitutes an offer to purchase the products. All orders are subject to acceptance by Mood Fragrance SA.
2. Order Confirmation:
   Upon successful placement of an order, you will receive an email confirmation containing your order details. This email does not signify our acceptance of your order, but rather confirms that we have received it.
3. Order Acceptance:
   Our acceptance of your order occurs when we dispatch the products to you, at which point a contract of sale is formed between you and Mood Fragrance SA. We reserve the right to refuse or cancel any order for any reason at our sole discretion, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our fraud prevention department.
4. Payment:
   1. We accept payments via PayFast and PayFlex.
   2. All transactions are processed securely through these third-party payment gateways. Mood Fragrance SA does not store your full payment card details.
   3. By submitting your order, you authorize us to charge your selected payment method for the total amount of your order, including shipping fees.

6. Shipping and Delivery

1. Shipping Method:
   All orders are shipped via courier services only.
2. Shipping Costs:
   We currently offer FREE Shipping throughout South Africa.
3. Delivery Times:
   Estimated delivery times are provided for guidance only and are not guaranteed. Actual delivery times may vary depending on your location and the courier's schedule. Mood Fragrance SA is not liable for any delays caused by the courier service.
4. No International Shipping:
   Please note that Mood Fragrance SA currently does not offer international shipping. We only deliver within the Republic of South Africa.
5. Incorrect Delivery Details:
   It is your responsibility to ensure that the shipping address and contact details provided are accurate and complete. Mood Fragrance SA will not be liable for non-delivery or additional shipping costs incurred due to incorrect or incomplete information provided by you.
6. Damaged Parcels upon Delivery:
   1. If your parcel appears to be damaged upon arrival, please note the damage on the courier's delivery slip and, if possible, take photographs before opening the package.
   2. The policy for damaged parcels is dependent on the situation and is subject to Mood Fragrance SA’s discretion. Please contact us immediately upon receipt of a damaged parcel at info@moodsa.co.za with photographic evidence. We will assess the situation and advise on the next steps.

7. Returns, Refunds, and Exchanges

Our returns policy is in accordance with the Consumer Protection Act, 2008.

1. General Return Conditions:
   1. Customers can only return unopened, unused fragrance products in their original, sealed packaging. Due to hygiene and product integrity reasons, opened or used fragrances are strictly not eligible for return or refund.
   2. Returns must be initiated within 14 days from the date you received your order.
   3. To initiate a return, please contact us at info@moodsa.co.za with your order number and reason for return.
2. Return Process and Shipping:
   1. The customer is responsible for the cost of return shipping for all general returns.
   2. Products must be returned in their original, unopened condition, suitable for resale. We recommend using a reputable courier service with tracking for returns, as Mood Fragrance SA will not be responsible for returns lost or damaged in transit.
3. Refunds:
   1. Once your returned product is received and inspected to ensure it meets our return conditions (unopened, unused, in original sealed packaging), we will process your refund.
   2. Refunds will be processed either through the original payment gateway portal (PayFast or PayFlex) or via EFT (Electronic Fund Transfer) to your nominated South African bank account.
   3. Please allow 5 business days for the refund to reflect in your account, depending on your bank and the payment gateway's processing times.
4. Exchanges:
   1. Broken Products Upon Delivery: If a product is genuinely broken upon delivery, please contact us immediately (within 24 hours of receipt) with photographic evidence. Upon verification, an exchange parcel will be sent at Mood SA's expense. The broken item may need to be returned to us.
   2. Incorrect Products Received: If you receive an incorrect product, please contact us immediately (within 24 hours of receipt) with photographic evidence. We will arrange for the correct product to be sent to you and for the incorrect item to be collected, all at Mood Fragrance SA's expense.
   3. For any other exchange requests (e.g., change of mind for unopened products), please contact us. Exchanges will be subject to stock availability and our discretion, with the customer covering return shipping costs as per Section 7.2.

8. Intellectual Property

All content on this Website, including text, graphics, logos, images, product designs, and software, is the property of Mood
SA or its content suppliers and is protected by South African
and international copyright, trademark, and other intellectual
property13 laws. You may not reproduce, duplicate, copy, sell,
resell, or exploit any portion of the Website without our express
written permission.

9. User-Generated Content

Please note that product reviews or comments are currently
not available on our Website.

10. Disclaimer of Warranties

This Website and all products and services delivered to you
through the Website are 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.

Mood Fragrance SA does not guarantee that your use of our
Website 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.

11. Limitation of Liability

In no event shall Mood Fragrance SA, our directors,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.

12. Indemnification

You agree to indemnify, defend, and hold harmless Mood
Fragrance SA 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 or the documents they incorporate by
reference, or your violation of any law or the rights of a third-
party.

13. Governing Law and Dispute Resolution

These Terms and any separate agreements whereby we provide
you services shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Any disputes arising from or in connection with these Terms,
your use of the Website, or the purchase of products shall be
subject to the exclusive jurisdiction of the South African
courts.

14. Changes to Terms and Conditions

We reserve the right, at our sole discretion, to update, change, or
replace any part of these Terms 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 following the posting of any changes to these Terms
constitutes acceptance of those changes.

15. Termination

These Terms are effective unless and until terminated by either
you or us. You may terminate these Terms at any time by
notifying us that you no longer wish to use our services, or when
you cease using our Website.

If in our sole judgment you fail, or we suspect that you have
failed, to comply with any term or provision of these Terms, 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).

16. Electronic Communications

By using the Website, you consent to receive communications
from us electronically. We will communicate with you by email
or by posting notices on the Website. You agree that all
agreements, notices, disclosures, and other communications that
we provide to you electronically satisfy any legal requirement
that such communications be in writing.

17. Contact Information

Questions about the Terms and Conditions should be sent to us at:

Email: info@moodsa.co.za
Telephone: (+27) 83 309 2587