We are theoud, this is our website available at theoud.co.za, and these are our legal terms, including our:

• Terms of use - which you agree to by visiting this website;
• Terms of sale - which you agree to by checking a check box when you place an order through this website; and
• Privacy policy - which you agree to by checking a check box when you submit your personal information through this website and apply when you visit this website.

We may change any of these terms at any time by updating this web page.

If you have any questions about our legal terms, please contact us.

Terms of use

1. Licence. We grant you a limited licence to use this website.
2. Breach. We may cancel your licence if you breach any of these terms.
3. Framing. You may not frame this website.
4. Capacity. You agree to the terms on the basis that you have the capacity to visit this website.
5. Accurate information. You promise that you will give this website only accurate information.
6. Ownership. We or our third party licensors own all rights in this website.
7. Trade marks. All our trade marks are our property and you may not use them without our permission. All other trade marks are their respective owners' property.
8. Restrictions. You may not change, hire out, reverse engineer, or copy this website without our permission.
9. Own risk. You use this website at your own risk and we make no warranties about it.
10. Indemnity. You indemnify us against any liability related to your use of this website.
11. Direct damages limited. Our maximum liability to you for all claims for direct damages related to this website is R100.
12. Indirect damages. We will never be responsible for any indirect damages.

Terms of sale

1. Introduction. These terms cover any transactions where we provide goods to you through this website.
2. The parties. We are the vendor under these terms. You are the customer under these terms.
3. Duration. These terms commence when you accept them and continue until terminated.
4. Orders. You place orders with us on the following basis:
   • you promise that you have the legal capacity to enter into the transaction;
   • we only conclude an agreement when we dispatch our goods to you;
   • we may cancel any order, but we will refund any money you have paid if we do;
   • we conclude an agreement where you are domiciled; and
   • each order is a separate agreement, but you breach all of them if you breach one.
5. Goods. We sell the goods to you on the following basis:
   • you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
   • we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timeously;
   • risks related to the goods pass to you on delivery;
   • ownership in the goods passes to you on payment of the fees in full; and
   • you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
6. Your data. You own all your data. When you enter your data into the system, you give us a licence to use it to provide the goods. We are not responsible for any of your data stored on our system.
7. Intellectual property. We may own intellectual property rights in our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
8. Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
9. Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
10. Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.
11. Indirect damages excluded. We are not liable for any other losses that they may cause you.
12. Breach. Please don't breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.
13. Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to, we will give you as much notice as possible in writing.
14. Resolving disputes. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
15. Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others' email addresses and choose their respective street addresses as their service addresses for all legal documents, but they may change either address on 14 calendar days written notice to the other.
16. Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
17. Entire agreement. The agreement is the entire agreement between the parties on the subject.
18. Changes. We reserve our right to update this agreement by updating this web page in line with the CPA.
19. Governing law. South African law governs this agreement.
20. Jurisdiction. You consent to the jurisdiction of the Magistrate's Court.
21. The Oud – Wholesale Return Policy
    Thank you for choosing The Oud as your preferred wholesale perfume supplier. We are committed to ensuring your satisfaction with our products and service. Please read the return policy below carefully, which outlines our terms in line with general business practices and the applicable provisions of the Consumer Protection Act (CPA), where relevant.
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    21.1. Nature of Goods
    All perfumes supplied by The Oud are imported from third-party suppliers and are not sourced directly from the brand manufacturer. Customers acknowledge that they purchase these products at their own discretion, fully informed of the nature and origin of the goods.
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    21.2. Returns and Conditions
    Returns will only be accepted if goods are:
    - Damaged during transit,
    - Defective upon arrival, or
    - Incorrectly supplied
    Return requests must be submitted in writing within 7 (seven) calendar days from the date of delivery.
    Returned goods must be:
    - Unused and unopened,
    - In original packaging,
    - In resalable condition.
    All approved returns are subject to a 15% administration and restocking fee, unless the return is due to an error on the part of The Oud.
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    21.3. Customised Orders
    Customised or bespoke orders (e.g., specific fragrance formulations, packaging, or branding) are non-returnable and non-refundable under any circumstances, in accordance with Section 20(3)(c) of the Consumer Protection Act.
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    21.4. Courier and Shipping
    Courier costs for all returns are for the customer’s account, unless otherwise agreed to in writing by The Oud.
    Customers must ensure:
    - All returns are securely packaged,
    - A reliable, trackable courier service is used.
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    21.5. Refunds and Credits
    Upon receipt and inspection of returned goods, refunds or credits will be processed within 7–10 business days.
    At The Oud’s discretion, refunds may be issued via EFT or as a credit note toward future purchases.
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    6. Inspection Upon Delivery
    Customers are required to inspect all deliveries immediately upon receipt.
    Any damages, shortages, or discrepancies must be reported within 48 hours of delivery, supported by photographic evidence where possible.
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    7. Exclusions
    No returns or refunds will be accepted for:
    Goods damaged due to mishandling or improper storage after delivery,
    Customised orders as defined above,
    Any return request made after 7 calendar days without prior approval.
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    Important Note: This return policy is designed in line with fair commercial practices and complies with the Consumer Protection Act, No. 68 of 2008 (CPA) where applicable. However, as this is a business-to-business (B2B) transaction, certain consumer protections under the CPA may not apply.
    For any return-related queries, please contact us directly:
    📧 info@theoud.co.za
    📞 078 931 1310 / 073 755 0598
    We appreciate your business and look forward to a successful partnership.
    The Oud