The Applicant and Panterus (Pty) Ltd. 2016/419091/07 trading as The Perfume Garden (herein known as the “Company” mutually agree:
1. Nothing in this agreement shall constitute the Applicant an employee or partner of the Company or imply any authority to create any obligation or liability on behalf of in the name of the Company.
2. The agreement shall continue until terminated and may be terminated by either party at any time.
3. The Applicant will receive an Agent Club discount, dependent of amount of bottles purchased, ie: if the retail value is between 4-9, you will qualify for the predetermined price point 1, if the retail value is between 10-20, you will qualify for the predetermined price point 2, if the retail value is between 21+, you will qualify for the predetermined price point 3, regardless of club status. Note that discount on the cosmetic and body essential range is fixed and does not increase / decrease on purchase value. Purchases less than 4 bottles will not receive discount, but will still earn cash back value.
4. The Applicant will receive cash back value depending on their purchase amount and club status. The cash back will be loaded to your loyalty card and can only be redeemed for discount on purchases, not cash. Note that Silver Card holders can redeem a maximum of R50 per purchase and Gold and Card holders can redeem a maximum of R450 per card.
5. The Company reserves the right to vary trading terms with prior notice.
6. The Company shall be under no obligation to accept any order placed by the Applicant if payment of products is outstanding.
Conditions for Applicant:
1. The Company shall at all times have absolute right, in its sole discretion, to immediately discontinue or suspend the Applicant’s account. The Company shall, in the event of such right, provide the Applicant with 7 (seven) days written notice of such discontinuation or suspension. The Applicant hereby consents to the Company providing notice in respect of discontinuation or suspension via SMS, email and/or email address reflected on its records.
2. If the Applicant has any change of contact details, it will be the sole responsibility of the Applicant to notify head office on firstname.lastname@example.org.
3. The Applicant will not share their membership card with other agents or customers
4. Lost or stolen Club cards replacement fee will be R10. Transfer takes up to 48 hours to be processed. Please note, should the lost/stolen card’s value be used, it will not be reimbursed. It is the Applicant’s responsibility to inform head office on email@example.com of any lost or stolen cards.
5. The Applicant indemnifies and holds the Company harmless against all claims, fines, judgments, damages, losses, expenses or other liabilities caused, whether negligently or otherwise, by the non-observance or non-compliance by the Applicant in terms of this agreement.
General Terms and Conditions
1. No Applicant or employee of the Company has the Company’s authority to alter or vary these conditions either by an oral or a written understanding or promise given before or after receipt of these conditions and no alteration, amendment, variation or consensual
cancellation of these conditions shall be of any force and effect unless reduced to writing and signed by the Applicant and a director of the Company.
2. No act or omission of the Company shall be construedas a variation or waiver of any of these conditions.
3. The Applicant acknowledges that:
3.1 The Company does not authorise the use of the postal facilities for any payment/s to be made to it in terms hereof and all documents and other matter including cash, cheques, bank drafts and other remittances sent to the Company through the post shall be deemed not to have been received by the Company unless and until they are actually delivered to the Company by the postal authorities and all risk in and to such documents and other matter shall be at the risk of the Applicant until actually delivered to the Company;
3.2 Payments made directly into the Company’s bank account shall be at the Applicant’s risk until confirmed as cleared funds by the Company’s bankers;
3.3 Unless otherwise specifically directed by the financial manager or a director of the Company in writing from time to time, no third party is authorised to accept any payment due by the Applicant for or on behalf of the Company.
4. Ownership of all goods supplied to the Applicant (and notwithstanding the delivery thereof) will only pass to the Applicant against payment of the whole of the purchase price thereof, pending which ownership therein shall vest exclusively in the Company.
5. Goods ordered/supplied shall be at the Applicant’s risk as soon as it/they is/are delivered to the Applicant.
6. The Company reserves the right, at its sole discretion at any time to discontinue the supply of any goods and/or to amend the specifications thereof.
7. The Company shall not, under any circumstances whatsoever, be liable to the Applicant or any other person for any loss or damage, including without limitation, any loss of profits or special damages or any consequential loss or damage arising from any cause whatsoever.
8. The Applicant shall be liable for all legal costs incurred by the Company, as between attorney and own client as well as collection commission and interest should it be necessary for legal action to be taken for the recovery of any amounts owing to the Company, arising out of the business conducted between the Applicant and the Company.
9. The Applicant chooses domicilium citandi et executandi, for all purposes under this agreement and these conditions and in the business conducted between the parties, at the address given on the face hereof. The Applicant shall notify the Company of any change of address by way of written notification, within 7 (seven) days of any such change occurring and any change in the Applicant’s domicilium shall become effective 7 (seven) days from receipt of such notice of change by the Company.
10. These terms and conditions shall be governed and construed according to the laws of the country in which the Applicant resides and shall be subject to the exclusive jurisdiction of the courts of the country in which the Applicant resides.
11. No act, omission, course of dealing, forbearance, delay or indulgence by the Company in enforcing any of these conditions or any of its rights in terms thereof or any granting of time by the Company shall prejudice or affect the rights and remedies of the Company under these conditions and no such matter shall be treated as any evidence of waiver of the Company’s rights thereunder nor shall any waiver of a breach by the Applicant of any one or more of these conditions operate as a waiver of
any subsequent breach thereof. The Company shall at all times and without notice be entitled to insist on strict application of these conditions.
12. The applicant acknowledges and understands that all information of a personal nature is submitted by consent. In the event that the Applicant accepts to submit any personal information, the applicant is aware of and accepts that such information shall be used by the Company for purposes of assessing credit worthiness of the Applicant: transacting with the Representative for goods ordered and the delivery of same: any communication between the parties or any other actions necessary to give effect to the obligations of this agreement. The personal information provided shall in no way be used to discriminate against the Applicant or any person in any manner whatsoever. The information of the Applicant shall be stored by the Company in the strictest of confidence and as required by law and shall not be disseminated to any third party without the consent of the Applicant or unless required by law. The applicant is hereby informed about and expressly lends his/her consent to the incorporation of his/her information in the Application Form forming part of this agreement and the use of his/her information for the ends stated herein.
13. As a Perfume Garden Club Card Agent, I agree to pay for all marketing material ordered in terms of the payment structure set up by the Company and as amended from time to time.
The Applicant may not promote the Company’s products in any manner which is likely to mislead or deceive potential customers. In particular, the Representative/Consultant must not make false promises on the earnings potential arising from the recruitment of new Applicant. Agents must at all times conduct themselves in a respectful, orderly and professional manner.
Do not be misled by claims that high earnings are easily achieved.