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Terms and Conditions
Updated 25 February 2006
Welcome to the MagiMani.com Web site. By using the MagiMani.com Web site YOU AGREE TO BE BOUND BY
ITS TERMS AND CONDITIONS (explained below), LEGAL NOTICES, PRIVACY POLICY and all disclaimers and
terms and conditions that appear elsewhere on the MagiMani.com Web site. The policies of MagiMani.com
retail stores may differ substantially from those applicable to your use of the MagiMani.com Web site.
References to MagiMani.com herein refer to MagiMani.com, Inc. or its affiliates, subsidiaries and
designees as deemed appropriate by MagiMani.com.
MagiMani.com reserves the right to make changes to the MagiMani.com Web site and its Terms and Conditions
and Legal Notices at any time. Each time you use the MagiMani.com Web site, you should visit and review
the then current Terms and Conditions, Legal Notices and Privacy Policy that apply to your transactions
and use of this site. If you are dissatisfied with the MagiMani.com Web site, its content or Terms and
Conditions and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the
MagiMani.com Web site.
Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting
fraudulent activities on the site are prohibited.
Disclaimers and Limitation of Liability
By using the MagiMani.com Web site, you expressly agree that use of the MagiMani.com Web site is at
your sole risk. The MagiMani.com Web site is provided on an "AS IS" and "as available" basis. Neither
MagiMani.com nor its affiliates, subsidiaries, or designees nor each of their respective officers,
directors, employees, agents, third-party content providers, designers, contractors, distributors,
merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the
MagiMani.com Web site will be uninterrupted or error-free. Neither MagiMani.com nor its Associates
warrant the accuracy, integrity or completeness of the content provided on the MagiMani.com Web site
or the products or services offered for sale on the MagiMani.com Web site. Further, MagiMani.com makes
no representation that content provided on the MagiMani.com Web site is applicable to, or appropriate
for use in, locations outside of the United States. MagiMani.com and its Associates specifically
disclaim all warranties, whether expressed or implied, including but not limited to warranties of
title, merchantability or fitness for a particular purpose. No oral advice or written information
given by MagiMani.com or its Associates shall create a warranty. Some states do not allow the
exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
Under no circumstances shall MagiMani.com or its Associates be liable for any direct, indirect,
incidental, special or consequential damages that result from your use of or inability to use the
MagiMani.com Web site, including but not limited to reliance by you on any information obtained from
the MagiMani.com Web site that results in mistakes, omissions, interruptions, deletion or corruption
of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing
Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even
if an authorized representative of MagiMani.com has been advised of or should have knowledge of the
possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content,
merchandise and services available through the MagiMani.com Web site. Some states do not allow the
exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion
may not apply to you.
Intended for Users Over 18 years of age.
The MagiMani.com Web site is intended for use by individuals 18 years of age or older. The MagiMani.com
Web site is not directed to use by children under the age of 18. Users under the age of 18 should get
the assistance of a parent or guardian to use this site.
Product Display/Colors
The MagiMani.com Web site attempts to display product images shown on the site as accurately as possible.
However, we cannot guarantee that the color you see matches the product color, as the display of the
color depends, in part, upon the monitor you are using.
Errors on Our Site
Prices and availability of products and services are subject to change without notice. Errors will be
corrected where discovered, and MagiMani.com reserves the right to revoke any stated offer and to
correct any errors, inaccuracies or omissions including after an order has been submitted and whether
or not the order has been confirmed and your credit card charged. If your credit card has already been
charged for the purchase and your order is cancelled, MagiMani.com will issue a credit to your credit
card account in the amount of the charge. Individual bank policies will dictate when this amount is
credited to your account. If you are not fully satisfied with your purchase, you may return it in
accordance with MagiMani.com's Return Policy.
Pricing Policy
Online prices and selection generally match those in our stores/catalog/sales representatives
inventory, but may vary. Prices and offers are subject to change.
Online Price Guarantee
We will refund 100% of the difference if a price on MagiMani.com is reduced within 30 days of the
shipping, pickup or special delivery date (void for custom orders). You may receive the lower price
only by calling 1 602-870-0294. We will honor the lower price only if it is displayed on our Web
site when you notify us. Exclusions apply.
Sales Tax Policy
Because MagiMani.com does business throughout the United States and collects and remits sales tax
as required by law, the MagiMani.com Web site also collects and remits sales tax as appropriate.
If you have tax-exempt status, please e-mail our commercial sales division, CommercialSales@MagiMani.com.
You will be required to provide your state tax-exempt certification prior to purchase. Please note:
MagiMani.com reserves the right not to sell to resellers.
Paying for Your Order
You may pay for your orders with major credit cards. Currently, we accept Visa®, MasterCard® and
American Express®.
Generally, credit and debit cards are not charged until we confirm your order(s) to you. However,
we may pre-authorize your order amount with your credit or debit card issuer at the time you place
the order, which may have an effect on your available credit line. Please contact your credit card
issuer for more information.
If you ordered a custom designed item, you will be charged at the point the production/manufacture
of the item begins.
Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for
validity, by verifying your method of payment or shipping address. We reserve the right to reject
any order you place with us, and/or to limit quantities on any order, without giving any reason.
If we reject your order, we will attempt to notify you using the e-mail address you have given us
with the order.
Your credit or debit card will normally not be charged if we reject an order, but we will process
a refund if the charge has been made against your card.
Order Acceptance/Confirmation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance
of your order, nor does it constitute confirmation of our offer to sell. The MagiMani.com Web site
reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Currency Conversion
Customers paying with PayPal may pay in EUROS and other currencies. Customers paying with credit
cards will be charged the equivalent amount in U.S. Dollars which may result in minor differences
on your credit card statement due to the fluctuation of currency exchange rates by your credit card
company. We welcome your PayPal payment in EUROS. We also welcome bank cheques in U.S. Dollars.
Return Policy
All sales made through the MagiMani.com Web site are subject to MagiMani.com's return policy.
Order Limitations/Limited Quantities
We reserve the right to reject any order you place with us, and/or or to limit quantities on any
order, without giving any reason. If we reject your order, we will generally attempt to notify
you using the e-mail address you gave us when you placed the order.
MagiMani.com may, at its own discretion, limit or cancel quantities purchased per person, per
household or per order. MagiMani.com also reserves the right to reject any order you place with
us. These restrictions may include orders placed by the same MagiMani.com Web site account, the
same credit card, and orders that use the same billing and/or shipping address. In the event we
make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing
address provided at the time the order was made. MagiMani.com reserves the right to limit or
prohibit sales to dealers.
Shipping
All orders placed on this site are subject to product availability and will be shipped according
to MagiMani.com's shipping policies. In the rare event that your order never arrives, notification
of lost items must be received within 60 days from receipt of the shipping confirmation e-mail.
Please review the Shipping & Returns information at our site for examples on shipping times,
rates, and policies.
Termination of Use
MagiMani.com may, in its sole discretion, terminate your account or your use of the MagiMani.com
Web site at anytime. You are personally liable for any orders that you place or charges that you
incur prior to termination. MagiMani.com reserves the right to change, suspend, or discontinue all
or any aspects of the MagiMani.com Web site at any time without prior notice.
Applicable Law
The MagiMani.com site is created, operated and controlled by MagiMani.com, Inc. in the State of
New Jersey, United States of America. The laws of the State of New Jersey will govern the Legal
Notices and Terms and Conditions.
Language Disclaimer
The MagiMani.com site is created, operated and controlled by MagiMani.com, Inc. in the State of
New Jersey, United States of America. The Law of the State of New Jersey governs all Notices,
Legal Notices, Information and Terms and Conditions. For all legal purposes the original English
Language Information applies, MagiMani.com, Inc. is not responsible for errors in translation
of the original English Language information into other languages for the convenience of customers
and potential customers. Any legal action between a customer or potential customer and MagiMani.com,
Inc. must be conducted in the English Language.
Link Disclaimer
We are not responsible for the content of any sites that may be linked to or from www.MagiMani.com,
or any bulletin board associated with Magimani.com. These links are provided for your convenience
only and you access them at your own risk. Any other website accessed from the MagiMani.com web site
is independent from MagiMani.com, and MagiMani.com has no control over the content of that other
website. In addition, a link to any other web site does not imply that MagiMani.com endorses or
accepts any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed
as an approval or endorsement by MagiMani.com of that third party or of any product or service
provided by a third party.
Customs and Duties
In Stock Items.
The governments of some countries regulate and/or tax importation of certain products. If your
shipping address is outside the United States of American any purchase you make with MagiMani.com,
Inc. that is shipped to a foreign address is imported into the country in your shipping address.
MagiMani.com, Inc. has no control over any government. Magimani.com, Inc. has no control over the
import requirements of any country. If the purchaser's shipping address is outside the United States
of America the purchaser may be required to pay import duties/taxes or customs fees on their purchased
products prior to delivery at the purchaser's shipping address. MagiMani.com, Inc. has no control over
the current rate of taxation, duty or customs fees a foreign government may charge. It is the
responsibility of the purchaser to pay any duties, taxes or customs fees for products shipped to
them at an address outside the United States of America. Foreign governments may prohibit the import
of certain products. If your shipping address is outside the United States of America, Magimani.com,
Inc. suggests you consult the customs department/ministry of the country to which your purchases are
shipped prior to making a purchase. MagiMani.com, Inc. is not responsible for any damage or loss due
to destruction or confiscation or seizure of goods by customs in a foreign country. In the event a
customer purchases a product forbidden in the country of their shipping address, MagiMani.com, Inc.
is not responsible for damage or loss due to destruction or confiscation or seizure of goods by
customs and you will not receive a refund. Please direct any customs questions to the government
of the country in your shipping address.
Special Order Items & Custom Order Items.
Most products will initially be shipped to a MagiMani.com, Inc. office for inspection before being
shipped to you the purchaser. Some products may be shipped directly to your shipping address from
a country other than the United States of America. MagiMani.com, Inc. will notify you in advance
of finalizing your purchase if it is to be shipped from outside the United States of America.
In the event your purchase will be shipped from a foreign country to your shipping address
MagiMani.com strongly suggests you contact customs in the country to which your items will be
shipped to determine any taxes, duties or customs fees prior to finalizing a purchase. All taxes,
duties or customs fees for international shipments are the responsibility of the purchaser.
Foreign governments may prohibit the import of certain products. MagiMani.com, Inc. is not
responsible for any damage or loss due to destruction or confiscation or seizure of goods by
customs in a any country. In the event a customer purchases a product forbidden in the country
of their shipping address, MagiMani.com, Inc. is not responsible for damage or loss due to
destruction or confiscation or seizure of goods by customs and you will not receive a refund.
Please direct any customs questions to the government of the country in your shipping address.
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