Who you are contracting with
- www.Dracoti.co.za (Dracoti) is owned and operated by Dracoti’s Dungeon (Pty) Ltd, registration number: 2013/079485/07 (referred to as Dracoti in this T&C)
- Visitors to the Website (“Users” or “you”), including those Users who purchase any products on the Website (“Purchasers”) are bound by these terms and conditions (“T&C”). If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.
1. Payment and Order Policy
Dracoti uses PayFast (minimum orders R 100) for online transactions and is able to accept the following forms of payment:
- Credit card
You will be directed to the relevant PayFast option when you check out with your cart (place your order). You can also do a direct transfer and with this option, we reserve the right to cancel the order if payment is not received within 3 working days. It is the customer’s responsibility to ensure that payment is made timeously to allow for clearing by the banks in order to be received by us within 3 working days.
NOTE: Payfast orders must be R 100 or more to be processed by Payfast.
2. Agreements of Sale
2.1 Placing a product in a shopping cart without completing the purchase cycle does not:
- constitute an agreement of sale; and/or
- constitute an order for such product, and as such, Dracoti may remove such product from the shopping cart if stock becomes unavailable and you cannot hold Dracoti liable if such product is not available when the purchase cycle is completed at a later stage.
2.2 An agreement of sale only comes into effect if and when:
- you electronically submit a properly completed order for one or more products in your shopping cart; and
- payment is either authorised, or received by Dracoti in its bank account
3. Value Added Tax (VAT)
We are VAT registered, all prices include VAT.
4. Stock availability
Stocks of all goods on offer are limited. Dracoti shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should Dracoti be unable to fulfil any order placed by you at the advertised price due to stock having sold out, Dracoti will notify you and you will be entitled to a refund of the amount paid by you for such product or you may accept a coupon for its value to be used with a next order.
Dracoti shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Dracoti will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
6. Product Release Dates
Products will not be delivered before the official release date. As such, pre-order products and sets that are not released yet, will be sold through Dracoti but will only be sent out for delivery on the official release date. In cases where pre-order items and other items are placed on the same order, shipping will be delayed until all products are ready to be shipped. If you would like to separate deliveries, please place two separate orders and pay shipping per delivery.
7.1 The cost of delivery within the borders of South Africa for single cards will be as displayed when placing an order.
- Door to door courier services will be dispatched on Tuesdays.
- Collection options and cost available when placing orders.
- Collection addresses available under the General-Shipping Menu.
- Insurance to be quoted if required.
- All prices are inclusive of VAT.
7.2 Note the Returns Policy clause below regarding insurance.
8. Delivery Periods
8.1 Delivery periods are only regarded as having commenced upon payment confirmation being received by Dracoti. If paying with a specific credit card for the first time on the Website, or if Dracoti regards the transaction to be large and/or unusual, Dracoti may carry out relevant checks with the cardholder’s bank and the delivery period shall only be regarded as having commenced upon completion of such checks.
8.2 Delivery periods are calculated based on business days only. Saturdays, Sundays and public holidays are not taken into account in calculating delivery periods. So, for example, if you order something over the weekend, the delivery period will only start running on the next business day.
8.3 Dracoti makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.
8.4 Door to door courier services will be dispatched on Tuesdays for Delivery on Fridays.
8.5 Please allow additional time for large or out of the ordinary orders.
9. Return Policy
Only products that are defective due to manufacturing errors can be returned to us. We will contact the local distributor and facilitate replacement. No singles will be accepted for returns. NO opened product or boxes will be accepted for returns. No clothing will be accepted for returns.
9.1 Unsatisfactory Product Condition
Dracoti takes all measures to ensure that products are always packaged with protection against foreseeable damage that could occur during the post/delivery process. Should damaged items be received by the purchaser, it should immediately be reported to the relevant shipping agency and should not be accepted and received by the purchaser. Acceptance of any parcel constitutes an agreement that the parcel has not been damaged in transit.
9.2 Unsatisfactory ‘Single’ card condition
Dracoti takes all measures to ensure that the condition of ‘single’ cards is NM (Near Mint). This is unfortunately not always possible, especially with older editions. Should the purchaser be unsatisfied with the condition of a purchased card, said purchaser should make use of the customer relations department to resolve the issue.
It is suggested that if insurance is requested, it will be quoted for by the Dracoti team.
Your privacy is important to us. We will never sell or supply your details to a third party. The details collected by us are used for order processing and, if you selected it, email distribution. We will not spam you and any requests to be excluded from communication/distribution lists will be honoured.
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
Dracoti.co.za’s information is as follows:
Dracoti’s Dungeon (Pty) Ltd, registered in South Africa, registration number 2013/079485/07, trading as Dracoti and dracoti.co.za.
Collecting trading card game and accessory supplier.
Joe Eckard (director), Adrian Liversage (director).
Official email address:
Save for Dracoti.co.za being liable to you –
- under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Dracoti.co.za to you via the Website; and
- under sections 43(5) and 43(6) of the ECT Act in relation to Dracoti.co.za’s payment systems not being sufficiently secure,
Neither Dracoti.co.za nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, Dracoti.co.za makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors via email.
Although the products sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements.
It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Dracoti.co.za and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
- No Endorsement or Sponsorship. You may not use or display Wizards’ trademarks or copyrighted materials in a manner likely to create the impression that Wizards is an official sponsor or author of your Commercial Site, or that Wizards endorses or has otherwise expressly licensed the Commercial Site. Any endorsement or sponsorship must be approved by Wizards in a separate agreement.
- Use Trademark and Copyright Notices. All Commercial Sites must include the correct copyright and trademark information on each page that contains content related to Wizards’ property. When referencing specific game names, game terms, or characters, the appropriate TM or ® should be used as provided in the relevant Commercial Kit. For example, “Wizards of the Coast, Magic: The Gathering, and their logos are trademarks of Wizards of the Coast LLC in the United States and other countries. © 2010 Wizards. All Rights Reserved.” Further, on every page of a Commercial Site where Wizards Materials appear, you must include the following notice in a font legible to end users of the Commercial Site: “This [Web site] is not affiliated with, endorsed, sponsored, or specifically approved by Wizards of the Coast LLC. This [Web site] may use the trademarks and other intellectual property of Wizards of the Coast LLC, which is permitted under Wizards’ Commercial Site Tool Kit Policy [link].” For example, “MAGIC: THE GATHERING® is a trademark[s] of Wizards of the Coast. For more information about Wizards of the Coast or any of Wizards’ trademarks or other intellectual property, please visit their website at (www.wizards.com).
13. Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and Dracoti.co.za submit to the non-exclusive jurisdiction of the South African courts.
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Dracoti.co.za suffers any damage or loss.
14.1 You agree and warrant that your log-in name and password shall:
- be used for your personal use only; and
- not be disclosed to any third party.
You allow Dracoti to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
15. Changes to Agreement
Dracoti.co.za may, in its sole discretion, change these T&C or any part thereof at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Dracoti on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Dracoti then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from: http://www.arbitration.co.za/downloads/expedited_rules.pdf.
17. Disputes – T&C
These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Dracoti from time to time (as described above), for so long as the Website exists and is operational, Dracoti being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by Dracoti).