Terms of Service

These Terms of Service govern the use of the FS Fragrance website and the purchase of products from FS Fragrance.

By visiting our website, creating an account, registering as a distributor or placing an order, you agree to these terms together with our Privacy Policy, Shipping Policy and Refund and Returns Policy.

1. About FS Fragrance

FS Fragrance is a South African fragrance brand offering retail fragrances and distributor packs through its online store.

Our website is hosted by Shopify, which provides the e-commerce platform that enables us to sell our products online.

2. Eligibility

You must be at least 18 years old or have the consent and assistance of a parent or legal guardian to place an order through our website.

The FS Fragrance distributor programme is intended for persons aged 18 years or older.

3. Product Information

We make reasonable efforts to ensure that product descriptions, fragrance notes, images, prices and other information displayed on the website are accurate.

However:

Fragrance preference is subjective.
A fragrance may smell or perform differently from one person to another.
Product colours may appear slightly different depending on the device or screen used.
Minor packaging updates may occur without changing the fragrance itself.
Product availability may change without prior notice.

Descriptions and fragrance notes are provided as a guide and do not guarantee that every customer will experience the fragrance in exactly the same way.

4. Independent Fragrance Brand

FS Fragrance is an independent fragrance brand.

Any references used to describe fragrance styles or scent profiles are provided for identification and comparison purposes only.

FS Fragrance is not affiliated with, endorsed by or connected to any original fragrance house or designer brand.

All third-party trademarks and brand names remain the property of their respective owners.

5. Orders

Placing an order does not automatically mean that the order has been accepted.

An order is accepted once:

Payment has been successfully confirmed.
The order has passed any required verification.
The products are available.
FS Fragrance has not identified an error in the price, product information or order details.

We reserve the right to refuse or cancel an order where:

Payment cannot be confirmed.
Fraud or unauthorised activity is suspected.
Incorrect pricing or product information was displayed.
The product is unavailable.
Incorrect or incomplete customer information was supplied.
The order violates these terms or applicable law.

Where payment has already been received for a cancelled order, the appropriate refund will be processed.

6. Prices and Payment

All prices are displayed in South African rand.

The total payable amount will be shown before the customer completes checkout.

Payment must be made through one of the payment methods available on the website.

Customers are responsible for ensuring that they are authorised to use the selected payment method.

FS Fragrance may change prices at any time. A price change will not affect an order that has already been accepted and paid for.

7. Promotional Offers

Promotions, discounts, free delivery offers and special prices may:

Apply for a limited period.
Be limited to selected products.
Be subject to stock availability.
Have additional qualifying conditions.
Be withdrawn or changed where permitted by law.

Unless otherwise stated, promotional offers cannot be exchanged for cash or combined with another offer.

8. Delivery

Orders are delivered according to our Shipping Policy.

Free delivery, where included, applies only to PUDO locker-to-locker delivery.

Any alternative delivery method requested by the customer will be charged separately.

Customers are responsible for supplying accurate contact and PUDO locker information.

FS Fragrance is not responsible for delays or failed delivery caused by incorrect information supplied by the customer, events outside our reasonable control or failure to collect a parcel within the courier’s prescribed period.

9. Returns, Refunds and Defective Products

Returns, exchanges, replacements and refunds are handled according to our Refund and Returns Policy and applicable South African law.

Nothing in these terms is intended to remove any statutory consumer rights.

10. Distributor Packs

FS Distributor Packs are intended for customers who wish to resell FS Fragrance products.

Purchasing a distributor pack allows the customer to resell the genuine products included in the pack. It does not transfer ownership of the FS Fragrance brand, intellectual property, website content, product formulas or marketing materials.

Distributors may not:

Present themselves as employees, agents or legal representatives of FS Fragrance.
Enter into agreements on behalf of FS Fragrance.
Alter, dilute, refill or tamper with FS Fragrance products.
Remove, replace or alter product labels.
Make false, misleading or unauthorised product claims.
Sell counterfeit products under the FS Fragrance name.
Use FS Fragrance branding in a way that may damage or misrepresent the brand.

FS Fragrance may suspend or terminate a distributor account where these terms or the distributor programme rules are breached.

11. Distributor Registration and Referrals

Registration as an FS Fragrance distributor is free.

A customer may purchase a distributor pack simply to resell the products and is not required to recruit anyone.

Registration through the approved distributor platform is required for customers who wish to access qualifying referral commissions, rewards or additional distributor benefits.

Referral commissions and rewards are subject to the separate FS Fragrance Distributor Programme Terms.

Commission may be reversed where an order is:

Cancelled.
Refunded.
Charged back.
Found to be fraudulent.
Placed in breach of the distributor programme rules.

Registration does not create an employment relationship, partnership, agency or franchise relationship between the distributor and FS Fragrance.

12. Resale Pricing

Any recommended selling price provided by FS Fragrance is a recommendation only, unless applicable law permits otherwise.

Distributors operate independently and remain responsible for their own selling activities, customer service, business expenses, taxes and compliance obligations.

FS Fragrance does not guarantee any particular level of income, profit or sales.

Any potential profit figures displayed are estimates based on the recommended selling price and do not account for a distributor’s personal expenses.

13. Customer Accounts

Customers are responsible for:

Providing accurate account information.
Keeping login details confidential.
Restricting unauthorised access to their account.
Informing FS Fragrance promptly if unauthorised activity is suspected.

FS Fragrance may suspend or close an account used fraudulently or in breach of these terms.

14. Intellectual Property

All content appearing on the FS Fragrance website, including:

The FS Fragrance name and logo.
Product names and codes.
Website text.
Product photographs.
Graphics and scent cards.
Packaging designs.
Promotional materials.
Videos and social-media content.

belongs to FS Fragrance or is used with appropriate permission.

This content may not be copied, reproduced, altered, distributed, resold or used commercially without prior written permission.

Approved distributors may use marketing materials specifically made available to them, subject to the distributor programme rules.

15. Prohibited Use

You may not use the website:

For unlawful or fraudulent purposes.
To submit false information.
To interfere with the security or operation of the website.
To introduce harmful code or malware.
To collect information about other users without permission.
To infringe intellectual-property or privacy rights.
To place fraudulent orders or abuse promotions.
To impersonate FS Fragrance or another person.

We may restrict access to the website where misuse is suspected.

16. Third-Party Services and Links

The website may use or link to services provided by third parties, including:

Shopify.
Payment providers.
PUDO.
GoAffPro.
Social-media platforms.
Analytics and marketing providers.

These services operate according to their own terms and privacy practices.

FS Fragrance is not responsible for third-party websites or services that it does not control.

17. Website Availability

We aim to keep the website available and accurate, but we cannot guarantee uninterrupted access.

The website may occasionally be unavailable due to maintenance, technical problems, updates or circumstances beyond our reasonable control.

We may update, suspend or discontinue parts of the website where reasonably necessary.

18. Limitation of Liability

To the extent permitted by law, FS Fragrance will not be responsible for indirect or consequential loss arising from:

Use of or inability to access the website.
Unauthorised use of a customer account.
A distributor’s independent business activities.
Customer fragrance preferences.
Delays caused by circumstances outside our reasonable control.

Nothing in this section excludes liability that cannot legally be excluded under South African law.

19. Indemnity

To the extent permitted by law, you agree to be responsible for losses, claims or expenses arising from your unlawful use of the website, infringement of another person’s rights or breach of these terms.

20. Governing Law

These terms are governed by the laws of the Republic of South Africa.

Any dispute will be handled according to applicable South African law and the jurisdiction of the appropriate South African courts or consumer dispute-resolution bodies.

21. Changes to These Terms

FS Fragrance may update these Terms of Service when its products, website, service providers, distributor programme or legal obligations change.

The updated terms will be published on the website and will apply from the date of publication.

Changes will not remove rights already acquired by a customer under an accepted order or applicable law.

22. Contact Us

Questions regarding these Terms of Service may be sent to:

FS Fragrance

Email: info@fsfragrance.com

WhatsApp: +27 (63) 093 8735

Business address:

11 Havelock Road, Willow Park Manor

Pretoria