Magda's Art - Returns Policy
 

Magda's Art - Terms and Conditions


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Last Updated: 24 February 2021

  1. Overview
  2. Changes to Terms of Service
  3. General Conditions
  4. Personal Information
  5. Third-party Links
  6. Accuracy, Completeness and Timeliness of Information
  7. Modifications to the Services and Prices
  8. Products or Services (if applicable)
  9. Errors, Inacuracies and Omissions
  10. Copyright Notice
  11. Accuracy of Billing and Account Information
  12. Prohibited Uses
  13. Indemnification
  14. Severability
  15. Termination
  16. Entire Agreement
  17. Governing Law
  18. Payment options accepted
  19. Merchant Outlet Country and Transaction Currency
  20. Contact Information

1. Overview

This website is operated by Magda's Art. Throughout the site, the terms “we”, “us” and “our” refer to Magda's Art.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

A breach or violation of any of the Terms will result in an immediate termination of your services.

2. Changes to Terms of Service

Last Updated: 24 February 2021

Magda's Art reserves the right to update, change, add to or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to the Site. It is your obligation to periodically check these terms and conditions at Magda's Art for changes and updates. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to be bound by these terms and conditions, including such changes or updates.

3. General Conditions

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service.

We reserve the right to refuse service to anyone for any reason at any time.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

4. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

5. Third-party Links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

6. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

7. Modifications to the Services and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

8. Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

9. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

10. Copyright Notice

The materials contained in this site are protected by copyright under the laws of the Republic of South Africa.

11. Accuracy of Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

12. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13. Indemnification

You agree to indemnify, defend and hold harmless Magda's Art and our partners, agents, contractors, licensors, service providers, suppliers 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

14. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

15. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

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

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

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

17. Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Roodepoort, Johannesburg, Gauteng, ZA 2001.

18. Payment options accepted

Payment may be made via PayFast or by bank transfer into the Magda's Art bank account, the details of which will be provided on request.

Our store uses PayFast as payment processor. They provide us with the online payment processing service that allows us to sell our products and services to you. When paying using PayFast, you will need to agree to their Terms of Service as well.

Card transactions will be acquired for Magda's Art via PayFast who are the approved payment gateway for all South African Acquiring Banks. PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may visit PayFast here to see how they safeguard your details. We suggest you read their End User Agreement and Privacy Policy as well.

19. Merchant Outlet Country and Transaction Currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is South African Rand (ZAR).

20. Contact Information

Questions about the Terms of Service should be sent to us at




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