TERMS AND CONDITIONS
The Customer: ‘You’ and ‘Yours’
The Consumer: Any person or customer who seeks to buy goods from The Magic Shop (TMS) for purposes which are outside of his trade or profession or calling
The Goods: The Magic product items and media related ‘know-how’ products sold by TMS to you including packaging, manuals, DVDs and other electronic media any other ancillary components or documents
Welcome to our online store. TMS provides its services to you subject to the following Conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Making an Agreement to Purchase TMS Goods
The invitation to you to order Goods promoted by TMS from time to time on its web-site is not an offer by us to sell to you Goods of the specification and description at the price indicated. The ‘market’ in the Goods is such that the specification, description and price of individual Goods may change.
Correspondingly, your purchase order is an offer to TMS to buy the Goods of the specification and description at the price indicated.
Wherever possible TMS will accept your purchase order to buy the Goods of the specification and description at the price indicated by e-mail and in which case there will be a concluded agreement. If it is not possible to accept your order to buy the Goods of the specification and description at the price indicated we will advise you by e-mail and offer to sell you the Goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid.
You may accept our offer by e-mail within the period stated and in which case there will be a concluded agreement between us.
Delivery of the goods
The price of the Goods does not include the price of delivery by TMS to you. The costs of carriage which you direct us to incur shall be paid by you and shall be due on the date for payment of the price.
The Goods shall be delivered by TMS to your address as stated under your purchase order and the risk in the Goods shall pass to you upon delivery taking place.
We require immediate notice to be given of any loss or damage to goods and you should inspect the goods upon receipt and report any loss or damage to the carrier immediately. Insofar as you report any damage to goods to us TMS shall require proof from you that the goods were damaged before receipt by you (in the normal course digital image evidence e-mailed to TMS will suffice) and this to the effect that TMS will then refund the price and carriage or replace the goods at no cost to you.
Payment for the goods and delivery charges can be made by any method shown on the TMS website at the time you place your order.
Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by TMS to you.
During the order process you will be taken to the PayFast payment portal or you can choose to pay via direct bank transfer.
The goods you order will be delivered to the address you give when you place your order, except.
Orders placed before 15:30 on a working day will be processed that day (providing the item is in stock) and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends, public holidays or Wednesdays after 12:00pm.
If delivery cannot be made to your address for reasons under TMS’s control, TMS will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
If you deliberately fail to take delivery of the Goods (otherwise than by reason of circumstances under control of TMS) then and without prejudice to any other right or remedy available TMS may store the Goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or else Sell the Goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) and account to you for any excess over the price you agreed to pay for the Goods or charge you for any shortfall below the price you agreed to pay for the Goods.
Every effort will be made to deliver the Goods as soon as possible after your order has been accepted. However, TMS will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, TMS will inform you as soon as possible.
Time for delivery shall not be of the essence. The goods may be delivered by TMS in advance of the quoted delivery date.
If an item is marked as in stock, this will either mean in stock at our shop in Cape town, South Africa or at the suppliers warehouse. If the item is held in our warehouse the order will be shipped the same day, unless there are any outstanding items. If the item is in stock at the suppliers warehouse this can take between 4-14 days to be shipped.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
Retention of title by us
No Goods delivered to you which are in accordance with an agreement will be accepted for return without TMS’s prior written approval and on terms to be determined at our absolute discretion.
If TMS agrees to accept any such Goods for return you shall be liable to pay a handling and restocking charge of (10%) of the invoice price. Such Goods must be returned by you to us carriage-paid and in the original packaging.
Goods which are in accordance with the agreement and are returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any other rights or remedies we may have.
Limitations upon TMS’s liability to you
TMS’s liability to you for any breach of contract or negligence (save and except our liability for negligence for death or personal injury) shall be limited to the price of the Goods together with any expenses incurred by you in notifying us and returning the Goods to us.
TMS shall not be liable for any consequential loss including without limitation any loss caused by interruption of your business, loss of electronic information or physical damage to property and whether directly or indirectly caused by any breach of contract or by negligence by us or by any servant or agent of ours.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit the TMS web-site or else send e-mails to TMS then you are communicating with us electronically. You consent to receive communications from us electronically. TMS most generally communicates with individual customers by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Membership Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. TMS and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Emails and related content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. TMS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Comments that are posted are not necessary the views of TMS.
TMS and its associates attempt to be as accurate as possible. However, TMS does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by TMS itself is not as described, your sole remedy is to return it in unused condition.
If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions.
Any dispute relating in any way to your visit to TMS or to products you purchase through TMS may otherwise be submitted to confidential arbitration with the consent of the parties.
Site Policies, Modification and Severability
We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.