Welcome to Mageline USA (“we”, “us”, “our”, or “Mageline USA”).
Your access to the Website is conditional upon your acceptance and
compliance with the terms, conditions, notices and disclaimers contained in
this document (collectively known as “Terms and Conditions”). Your use of,
and/or access to, the Website constitutes your agreement to the Terms and
Conditions. We reserve the right to
amend the Terms of Use at any time. Please read the Mageline USA Terms and
Conditions carefully to ensure that you are fully aware of your rights and our
obligations to you when purchasing products from the Mageline USA website,
which is displayed at www.MagelineUSA.com (the Website). Your completion and submission of your order
signifies your agreement to be bound by these Purchase Terms, which constitute
the agreement between Mageline USA and you.
WEBSITE SERVICES
We are not responsible for any
delays or interruptions to the Website. We will use commercially reasonable
efforts to minimize delays and interruptions. However, we cannot warrant that
the Website will be available at all times or at any given time. We may at any time and without notice to you,
discontinue the Website in whole or in part. However, we are not responsible
for any loss, cost, damage or liability that may result from our discontinuance
of the Website.
INTELLECTUAL PROPERTY
The materials on the Website
are owned by Mageline USA or Mageline USA hold the rights of permissions
to use the immaterial. Your use of the
Website does not grant you a license or act as a right of use of any of the
trade marks or logos, whether registered or unregistered, that are displayed on
the Website without the express written permission of the trade mark owner. We own the copyright, which subsists in all
creative and literary works that are displayed on the Website. You may view the Website and its contents
using your web browser. In visiting the Website, you may make a temporary copy
of the Website by means of the usual operation of your web browser only. You must not modify, copy, reproduce,
republish, frame, upload to a third party, post, transmit or distribute the
content of the Website in any way except as expressly provided for by us or
expressly authorized in writing by us.
In the event that you do any of the above acts, we will not hesitate to
enforce our intellectual property rights against you.
THIRD PARTY LINKS
The Website may contain
hyperlinks and other pointers to websites operated by third parties (“Linked Websites”).
We do not control Linked Websites and are therefore not responsible for the
content of any Linked Website or any hyperlink contained in a Linked Website.
We provide the hyperlinks for your convenience only and do not indicate,
expressly or implicitly, any endorsement, sponsorship or approval by us of a
Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk. We do not provide any warranty or take any
responsibility for any aspect of Linked Websites or their content. You should
make your own investigations with respect to the suitability of goods and/or
services offered to you via a Linked Website.
MAGELINE USA ACCOUNT
In order to make purchases via
the Website, you are required to create a Mageline USA account (Account)
in your own name. You must provide accurate and complete information, including
an email address that you own or control.
You are solely responsible for all activity relating to your Account.
You must not use another person’s Account without permission from the owner of
that Account, and you must notify us if you are aware of any unauthorized
access or use of your Account. By registering an Account to become a member (Member)
of the Website, you agree to accept this Agreement and to be bound by these Purchase
Terms. Mageline USA reserves the right to refuse registration of an Account,
or to terminate an Account at any time, for any reason and without notice to
you.
VIEWING OF PRODUCTS ON
THE WEBSITE
Mageline USA endeavors to
accurately display Products on the Website, including description, color and
other characteristics. However, slight variation in color may occur due to
digital photographic processing and the display settings of your computer screen. To the fullest extent permitted by applicable
laws, Mageline USA does not warrant that product descriptions or other
content on the Website is accurate, complete, reliable, current or free of
error. We reserve the right to correct any errors, inaccuracies or omissions,
and to change or update information at any time without prior notice to you
even after you have submitted your order.
If the purchased Products are substantially different from their
description on the Website, you will be entitled to available remedies provided
under applicable laws.
INTERNATIONAL CUSTOMS
CHARGES
Some orders placed through Mageline USA may incur a customs or import duty charge. Mageline USA does
not have any control over these charges and cannot advise what they will be
prior to purchase, as each country has different regulations. Mageline USA is not responsible for these charges and will not pay them on the customer's
behalf. They are to be paid by the customer upon delivery. Orders cannot be
returned to sender so if these charges are not paid by the customer, the parcel
may be abandoned and Mageline USA will not be responsible for the parcel or
any funds lost as a result.
ORDERS
Our information of the
Products on the Website is an invitation to treat and not an offer to sell
those products to you. By placing an order, you are offering to purchase the
Products for the price indicated, in addition to applicable shipping fees,
subject to these Purchase Terms. After an
order has been placed, we will send you an email confirming the placement of
your order. Mageline USA reserves the right to verify that an order and/or
credit card details we receive from you are genuine before we accept the order.
We are only bound to provide you with the Products if we have accepted your
order and received cleared funds as payment. Once your offer has been accepted,
we will send you a confirmation email with your Order Number. In the event that a Product you have ordered
is out of stock, we will notify you via email regarding the stock shortage. You
have the option to request a refund.
PURCHASE PRICE
All prices quoted on the
Website or pursuant to your inquiry with us are in United States Dollars. We
reserve the right to vary the prices displayed on the Website from time to time
and without notice to you. Our prices do
not include delivery insurance or any secondary attempts to deliver ordered
Products to you. You accept total
responsibility for the Products purchased by you and you use the Products at
your own risk.
PROCESSING OF ORDERS
We normally process orders on
business days, which are Monday to Friday and exclude United States public
holidays. If you place an order on a non-business day, it will be likely to be
processed on the next business day. We may (but are not obligated to) process
orders on weekends or even on United States public holidays from time to time
due to large sales volume.
SHIPMENT OF ORDERS
Mageline USA delivers
Products within United States and Worldwide.
Delivery costs will be indicated at checkout, and will vary depending on
geographical location and the weight and size of your order. It is your
obligation to ensure your delivery details are correct, as we are not obliged
to resend your order to the correct address at our expense.
DELIVERY TIMES
Delivery of Products can take
between one and two weeks within United States and two to four weeks worldwide
from the completion of the sale period.
These delivery timeframes are approximate only, as they depend on the
delivery location, and do not constitute a guarantee of delivery or delivery by
such date. Therefore, your non-receipt of ordered Products within the estimated
timeframes will not be ground for you to cancel your order or receive a refund.
CANCELLATION OF ORDERS
Mageline USA may cancel
your order if it is for any reason unable to provide you with the Products
subject to your order, or if our internal validation procedures determine that
you are not a bona fide purchaser. You
will not be entitled to claim any additional amounts or seek compensation for
any loss, expense or damage (either direct or consequential) or for any loss of
time or inconvenience, which may result from such cancellation.
PRODUCT WARRANTIES
All materials on the Website and all Products sold via the Website are provided “as is” and are covered by the standard warranty provided by the manufacturer of the subject Products. Mageline USA in no way provides a separate warranty of any kind with respect to the Products purchased by you, except as may be required under any relevant consumer protection laws. You will be solely responsible for all freight charges that may be incurred by you as a consequence of shipping Products to the manufacturer for assessment or replacement. Mageline USA will not be liable for any alteration or variation in the Products made by a manufacturer of the Products.
To the extent permitted by
law, including but not limited to any act or omission on your part, we will not
be liable for any loss, damage, costs or expense whether direct, indirect,
incidental, special and/or consequential, including loss of profits, suffered
by you or claims made against you which result from any use or access of, or
any inability to use or access, the Website.
LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the service and or products is at your sole risk. The service and all products delivered to you through the Website are (except as expressly stated by us) provided 'as is' without any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Mageline USA, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim (direct and indirect), damages of any kind arising from your use of any of the service or any products in the Website, even if we have been advised of the possibility of such damages.
To the extent permitted by
law, our liability for breach of any implied warranty or condition, which
cannot be excluded by the Terms of Use, is limited, at our option, to one or
more of the following:
In the case of services supplied
or offered by us:
·
The supply (or the
payment) of the services again
In the case of goods supplied
or offered by us:
·
The replacement
(payment) of the goods or the supply of equivalent goods or
The repair (payment of cost of
having the goods repaired) of such goods.
REDEEMING VOUCHERS
Vouchers are personal to the
Member receiving the Voucher, are not transferable, have no monetary value, and
are not exchangeable for any form of currency. Each Voucher will have an expiry
date that cannot be modified. Vouchers
will not be accepted after the expiry date, or if the Voucher is defective. In
such event, the Voucher will be void and will not be replaced. To be eligible to redeem a Voucher, the total
purchase price of your order (excluding delivery costs) has to be greater than
the value of the Voucher or greater than the minimum spend indicated on the
Voucher. Only one Voucher can be used per order.
ACTS OF GOD
Mageline USA will not be
liable for any delay/s in performing any of its obligations under these
Purchase Terms caused by circumstances beyond the reasonable control of Mageline USA, including but not limited to, natural disasters, war, acts of
terrorism, industrial strikes, breakdowns or failures, or any other events that
disrupt the processing of orders. Mageline USA shall be entitled to a
reasonable extension of time in order to perform its obligations under these
Purchase Terms.
TERMINATION
The Terms of Use are effective
until terminated by us, which we may do at any time and without notice to you.
In the event of termination, all restrictions imposed on you by the Terms of
Use and limitations of liability set out in the Terms of Use will survive.
INDEMNITY
By using the Website, you
agree to indemnify us from and against all actions, claims, suits, demands,
damages, liabilities, costs or expenses (whether in tort or in contract
including and without limitation, negligence) arising out of or in any way
connected to the use of the Website by you.
GOVERNING LAW
This Agreement is governed by the
laws of the State of New York, without regard to its conflict of laws
principles. Any disputes arising under this Agreement will be litigated in the
state and federal courts of Kings County, New York.
INQUIRIES
If you have any questions
about the Mageline USA’ Terms and Conditions, please contact us at Info@MagelineUSA.com