- Introduction
- www.kragdag-markplein.co.za is owned and operated by KragDag (Proprietary) Limited.
- The KragDag Marketplace provides a platform that allows third party sellers (Vendors) to list and sell their goods on the website.
- Legal framework
- KragDag permits the use of this website subject to the Terms and Conditions and other policies listed on the website.
- You may not in any way display, publish, copy, print, post or otherwise use the website and/or the information contained therein without the express prior written consent of an authorised KragDag representative.
- Availability of stock
- It is the vendor's responsibility to ensure that it has adequate stock available for products listed on the website, or in the event that it doesn't have stock available to either temporarily disable the product, or to indicate an appropriate lead time that it will take for the product to be delivered and/or that the product can only be purchased on backorder.
- Selling of goods
- The vendor undertake to execute orders that appears on the Vendor's administration panel in a punctual manner to ensure that goods are delivered in a satisfactory time and condition to the buyer.
- If there is a problem in executing the order, the Vendor will properly communicate with the buyer and with KragDag in order to resolve the problem.
- The Vendor's obligation to execute the order is only fulfilled with the confirmation that the product was delivered to the buyer in a satisfactory condition.
- The sale made on the website constitute a transaction between the Vendor and the buyer. KragDag is not a party to that sale - it only provides the platform for the sale.
- The Vendor is solely responsible for fulfilment of delivery of the goods and if required to provide an invoice to the buyer.
- Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on goods sold and will not be in a position to issue a tax invoice in respect thereof.
- Privacy policy
- The vendor should take note of the user privacy policy as published on the website and will respect the buyer and other involved parties' privacy and will take reasonable measures to protect it.
- Any information of a personal nature that is disclosed to the Vendor will only be utilised to fulfil the transaction and deliver the goods and not for any other purpose whatsoever.
- This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the other provisions of the privacy policy.
- By registering on the website you automatically consent to us sending you the KragDag newsletter and other marketing material, any of which you can unsubscribe from or opt out at any stage.
- Changes to these Terms and Conditions
- KragDag may, in its sole discretion, change the Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions. Should you not be satisfied, you can contact us for clarity.
- If you use the website after such amended Terms and Conditions have been displayed on the website, you will be deemed to have accepted such changes.
- Should the KragDag Marketplace be rebranded or transferred to another legal entity, all provisions and rights set out in this Terms and Conditions will be transferred to the legal successor, if applicable, but will be subject to the terms in the conversion agreement.
- Ownership and copyright
- The contents of the website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this website (“website content”) are protected by law, including but not limited to copyright and trade mark law. The website content is the property of KragDag, its advertisers and/or sponsors and/or is licensed to KragDag.
- Where any of the website Content has been licensed to KragDag or belongs to another third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
- Disclaimer
- The use of the website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the website or reliance on any information on the website.
- Whilst KragDag takes reasonable measures to ensure that the content of the website is accurate and complete, KragDag makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the website or as to the accuracy, completeness or reliability of any information on the website. If any such representations or warranties are made by KragDag’s representatives, KragDag shall not be bound thereby.
- KragDag cannot be held liable for any inaccurate information published on the website and/or any incorrect prices displayed on the website, save where such liability arises from the gross negligence or wilful misconduct of KragDag, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
- KragDag disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access, to or use of, the website and/or any content therein.
- Any views or statements made or expressed on the website are not necessarily the views of KragDag, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, KragDag also makes no warranty or representation, whether express or implied, that the information or files available on the website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept the existence of all these risks and KragDag thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of, or in connection with, your access to or use of the website.
- You hereby indemnify KragDag against any loss, claim or damage which may be suffered by yourself or any Third Party arising in any way from your use of this website and/or any linked Third Party website.
- Governing law and jurisdiction
- These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
- Nothing in these Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction.
- You hereby select the address specified with your application as well as your e-mail address as your legal addresses, but you may change it to any other address by giving KragDag not less than 7 days’ notice in writing.
- Notices must be sent either by hand or email. Email will be deemed to have been delivered on the date indicated in the “Read Receipt” acknowledgement of receipt. All email communications between you and us must make use of the “Read Receipt” function to serve as proof that an email has been received.
- General
- KragDag may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or the user’s right to use the website or any of its contents subject to us processing any orders then already made by you.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- If you have any questions about these Terms, please contact us.
