WEBSITE TERMS AND CONDITIONS
- Magic Dragon Shop provides the information contained on this website (including pages comprising the website) and advertises the products and promotional offers which are available to the consumer, subject to the terms and conditions set out herein and as may be referred to herein (“the terms”) unless otherwise stated. For the purposes of these terms, “products” means those items offered for sale by Magic Dragon Shop or the services made available from time to time via the website.
- The consumer is hereby provided with notice that Magic Dragon is a franchise and consequently each certified branch of the Magic Dragon is owned and run independently of the franchisor (Magic Dragon Group), and Magic Dragon Weirdo t/a Magic Dragon Shop being the owner of this website.
- All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to becoming void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the balance of these terms and conditions shall remain in full force and effect.
- Should Magic Dragon Shop be prevented from fulfilling any of its obligations to the consumer as a result of unforeseeable circumstances, then those obligations shall be deemed to have been suspended to the extent that and for as long as Magic Dragon Shop is so prevented from fulfilling them and the consumer’s corresponding obligations shall be suspended to the corresponding effect.
- In the event that the unforeseen circumstance continues for more than fourteen (14) days after it has first occurred then Magic Dragon Shop shall be entitled, but not obliged, to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to the consumer. Unforeseen circumstances shall mean any event which is not within the reasonable control of Magic Dragon Shop including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, acts of war or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, or any court order.
- These terms shall be governed by and in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of laws. The consumer hereby consents to the jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.
- Should these terms fall silent on any provisions of law, as amended from time to time, the consumer accepts that Magic Dragon Shop will not be bound by such provisions unless such provisions have been deemed binding by a Superior Court of the Republic of South Africa.
- A certificate issued by an administrator of this website shall constitute prima facie proof of any fact related to this website, including but not limited to which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on the website at a specific point in time.
- The deeming provisions of the Electronic Communications and Transactions Act 25 of 2002 are excluded to the extent that no message shall be deemed to have been received by Magic Dragon Shop unless receipt thereof is acknowledged in writing.
TERMS AND CONDITIONS RELATING TO PROMOTIONAL OFFERS
- All promotional offers will be limited to the specific branch/es as advertised by such promotional offer.
- Herein below are further terms and conditions as they relate to those specific promotions:
- By accessing and/or using the website, the consumer agrees to be bound by all terms and conditions set out by Magic Dragon Shop.
- Magic Dragon Shop may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website from time to time.
- Each time the consumer accesses the website and/or makes use of the services offered via the website, she/he/it agrees to be bound by the terms (as at such date), as may be modified from time to time.
USE AND CONTENT OF WEBSITE
- Whilst every effort is made to update the information provided on this website on a regular basis, Magic Dragon Shop makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time.
- Magic Dragon Shop reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website or related thereto.
- Magic Dragon Shop does not make any warranty or representation that information and products advertised on the website are appropriate for use in any jurisdiction. By accessing the website, the consumer warrants and represents to Magic Dragon Shop that she/he/it is legally entitled to do so and to make use of information and products made available via the website.
- The advertising of products and/or promotions via the website merely constitutes an invitation by Magic Dragon Shop for the consumer to make an offer to purchase the products and/or promotions and Magic Dragon Shop remains entitled to reject any order without giving reason therefore.
- As erroneous or outdated products, promotions or prices may be displayed on this website from time to time, the consumer agrees that Magic Dragon Shop will not be obligated to sell a product and/or promotion at such erroneous price, save for the fact that Magic Dragon Shop fulfils its obligation to notify the consumer within 14 (fourteen) days of the consumer placing her/his/its order.
PRIVACY AND SECURITY
All personal information obtained by Magic Dragon Shop by virtue of the consumer’s use of this website is protected as set out in our privacy and security policy. Further, the security processes and procedures used by Magic Dragon Shop to protect information transmitted via the website are also set out in the privacy and security policy.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
- Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively “the materials”) are owned by Magic Dragon Shop alternatively, Magic Dragon Shop is the lawful user thereof and is protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights.
- The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the Magic Dragon Group, alternatively Magic Dragon Shop and/or Magic Dragon Group are lawfully making use of any such trademarks within the content of the website. Nothing contained on this website should be construed as granting any licence or right to use any trademarks without the prior written permission of Magic Dragon Group.
- External links may be provided for your convenience, but they are beyond the control of Magic Dragon Shop and/or Magic Dragon Group and no representation is made as to the content thereof.
- Use or reliance on any external links provided, is at the consumer’s own risk.
- When visiting external links, the consumer is encouraged to refer to such external link’s terms and conditions of use and possibly consult her/his/its internet security provider should the need arise.
- The consumer or any other party may not link to this website, in any manner, or frame any content of this website in any other manner or otherwise use the content without the express prior written permission of Magic Dragon Shop and/or Magic Dragon Group.
The consumer shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and the consumer hereby indemnify Magic Dragon Shop and/or Magic Dragon Group against any loss, liability, damage or expense of whatever nature which Magic Dragon Shop and/or Magic Dragon Group or any third party may suffer which is caused by or attributable to, whether directly or indirectly, the consumer’s use of the website to send or post any message or material as aforesaid.
WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
- Save as set out in these terms, Magic Dragon Shop makes no warranties, representations, statements or guarantees (whether express or implied) regarding the website and the products.
- Neither Magic Dragon Shop and/or Magic Dragon Group, its directors, nor the franchisees shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct or indirect) and/or expense of any nature whatsoever which may be suffered by the consumer or any third party, as a result of or which may be attributable, directly or indirectly, to the consumer’s access and use of the website and/or any information contained on or via the website and/or the consumers use of the products.
- Without limiting the generality of the afore going, neither Magic Dragon Shop and/or Magic Dragon Group, its directors, nor the franchisees shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third-party service provider to render any service which is necessary to ensure the availability of the website.
- The consumer hereby indemnifies Magic Dragon Shop and/or Magic Dragon Group, its directors and/or the franchisees against any loss, liability, damage (whether direct or indirect) or expense of any nature whatsoever which may be suffered by the consumer or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.
- Notwithstanding anything to the contrary contained herein, Magic Dragon Shop and/or Magic Dragon Group shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by the consumer or any third party howsoever arising in respect of the consumer’s use of or reliance on any information offered on or via the website and/or the consumer’s use of the products.
- Without limiting the generality of the afore going, Magic Dragon Shop and/or Magic Dragon Group shall not be liable to the consumer or any third party for any loss or damage of whatsoever nature in the event that the consumer requests that an order be rescheduled or cancelled.
- By accessing the website, the consumer warrants and represents to Magic Dragon Shop that she/he/it is legally entitled to do so. The consumer further warrants that all the details given by such consumer are true and complete and that he/she is legally capable of concluding the transaction.
- If the consumer is younger than eighteen (18) years of age she/he warrants that she/he has the consent of her/his legal guardian and consent of the legal and lawful owner of the valid bank account to be debited, to enter into an agreement with Magic Dragon Shop or that she/he has obtained legal status in another manner.
- Magic Dragon Shop may at its sole discretion at any time suspend or terminate the operation of this website without prior notice to the consumer and without the need to give the consumer reasons for such termination.
SECTION 43(1) OF ELECTRONIC COMMUNICATION AND TRANSACTIONS AT 25 OF 2002
Full name: Magic Dragon Weirdo t/a Magic Dragon Shop
Physical Address: 37 Pierneef Street
Telephone number: 061 580 9033
Website address: https://magicdragon.shop/
Registration number: 2020/096730/07
Country of incorporation: South Africa
Current directors: Madaleine Pappas
Physical address for
receipt of service: 3 Achter Road
- Magic Dragon Group once again notifies the consumer that Magic Dragon Group is a franchise and consequently each certified branch of Magic Dragon Group is owned and run independently of the franchisor.
- The physical address of each certified branch can be obtained via the website, but Magic Dragon Group takes no responsibility for providing the consumer with the stipulated details in terms of section 43(1) of the Electronic Communications and Transactions Act 25 of 2002.
- It is the responsibility of the consumer to obtain the afore mentioned stipulated details from the appropriate branch.