The following terms and any other rules posted on our Site (collectively the “T&C”) constitute an agreement between MAGPIE LLC (also referred as MG) and you, the visitor, governing your access and use of all content and functionalities available at MG website and related micro-sites and domain names.
You can review the most current version of the T&C at any time at this page. By visiting the Site, you agree and consent to the T&C as described herein. We reserve the right, at our sole discretion, to modify the T&C from time to time. Your continued use of this Site following such change shall constitute acceptance to be bound by the modified T&C.
Please read the T&C and check back often. If you do not agree to any change to the T&C, then you must immediately stop using the Site.
When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. We may change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify MAGPIE LLC immediately of any breach of security or unauthorized use of your account. Although MG will not be liable for your losses caused by any unauthorized use of your account, you may be liable for MG losses or others due to such unauthorized use.
2. ORDERS: Eligibility, Payment, Acceptance and Delivery
All orders are subject to acceptance and availability, Items in your shopping basket are not reserved and may be purchased by other customers. MAGPIE LLC will store a record of your transactions for a minimum of one year.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. This right may be exercised on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
We do not warrant the quality of any products, services, information or other material purchased or obtained by you, will meet your expectation, or that any errors in the Service will be corrected.
A. ELIGIBILITY TO PURCHASE
The purchase of merchandise through MG website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the site’s terms of eligibility, who have been issued a valid credit/debit card or other payment method by a bank acceptable to MG, and who have authorized MG to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, MAGPIE LLC reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where MAGPIE LLC feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Payments can be made using PayPal. When selecting this option at checkout, you will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’. Once the transaction is complete, you will be prompted to return to MG site. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your credit/debit card refuses to authorize payment to MG, we will not be liable for any delay or non-delivery.
Occasionally, high demand may cause us to run out of certain items. If we do not have an item that you have ordered in stock, we will notify you by email immediately. Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, we will promptly refund all charges.
We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
(I) Promotion Codes
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
(ii) Pricing Policy
- Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, a sales tax charge may be added depending on the state’s laws of the shipping address.
- All prices and offers remain valid as advertised from time to time.
- The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
- If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
C. ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and MAGPIE LLC will be perfected when we dispatch the goods to you. The sale contract is therefore concluded in the State of New York, USA, and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within this T&C. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site.
MAGPIE LLC, and/or its courier, may leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorize MG to leave the package(s) at the shipping address without obtaining a signature and release and indemnify MG from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.
Estimated delivery times are to be used as a guide only. We are not responsible for any delays caused by destination customs clearance processes.
3. RETURNS, REFUNDS AND EXCHANGES
If you wish to return an item you bought online, please contact us at email@example.com within 7 days of receiving your order. All returns are subject to the following rules:
- All returns must be made within 7 days of purchase on pristine/unworn condition
- Items should be returned new and unused. Returns that are damaged or opened may not be accepted and may be returned to the customer
- All sale pieces are final sale and may not be returned or exchanged,
- You will be credited in full minus all shipping charges
- We do not pay for returns to be shipped back to us
- We reserve the right to deny unreasonable repairs, returns and exchanges.
For more information please refer to our ‘Shipping and Refund Policy’
“Content” is defined as all information such as the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. MG tries to ensure that the information on this site is accurate and complete. MG does not warrant or represent that all Content is accurate, error-free or reliable or that your use of MG Content will not infringe rights of third parties. Your use of the Web Site is at your risk. MG does not warrant that the functional aspects of the Web Site or MG Content will be error free or that this Web Site, MG Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or MG Content results in the need for servicing or replacing property, material, equipment or data, MG is not responsible for those costs.
Without limiting the foregoing, everything on the Web Site is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement.
MG reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that MG is not liable to you or any third party for any such withdrawal.
By posting you agree to be solely responsible for the content of all information you contribute. You also grant to MG a right to use any content you provide for its own purposes including republication in any form or media.
MG does not commit to checking all content and will not be liable for third party posts. MG reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
A. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, the “look and feel” of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described shall remain at all times vested in MAGPIE LLC.
All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
A. THIRD PARTY
We may include hyperlinks on this Site to other websites or resources operated by parties other than MAGPIE LLC including advertisers. MG has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
6. ACCURACY, COMPLETENESS AND OMISSIONS
While we will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
There may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update any information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these T&C shall limit your rights as a consumer under the laws of the State of New York.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
At our request, you agree to fully defend, indemnify and hold harmless MAGPIE LLC immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these T&C and your use of the Site and the Services.
8. GENERAL LEGAL TERMS
- Complete Terms: The T&C constitute the whole legal agreement between you and MAGPIE LLC and govern your use of the Services and completely replace any prior agreements between you and MAGPIE LLC in relation to the Services. Notwithstanding the foregoing, you understand that MAGPIE LLC may make changes to the T&C from time to time. You agree that MAGPIE LLC is under no obligation to provide you with notices regarding changes to the T&C. You understand that it is your responsibility to check the T&C regularly for changes.
- Modifications to the Services: You acknowledge and agree that the form and nature of the Services which MAGPIE LLC provides may change from time to time without prior notice to you. You further acknowledge and agree that MAGPIE LLC may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at MAGPIE LLC’s sole discretion, without prior notice to you.
- Confidentiality: You understand that MAGPIE LLC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MAGPIE LLC reserves the right to revoke these exceptions either generally or in specific cases.
- Liability in the Event of Breach: You agree that you will comply with all of the provisions of the T&C. You understand that you are solely responsible for (and that MAGPIE LLC has no responsibility to you or to any third party for) any breach of your obligations under the T&C and for the consequences (including any loss or damage which MAGPIE LLC may suffer) of any such breach.
- Rights Not Waived: You agree that if MAGPIE LLC does not exercise or enforce any legal right or remedy which is contained in the T&C (or available under any applicable law), this will not be taken to be a formal waiver of MG rights and that those rights or remedies will still be available.
- Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this T&C is invalid, then that provision will be removed from the T&C without affecting the rest of the T&C. The remaining provisions of the T&C will continue to be valid and enforceable.
- Governing Law: The T&C, and your relationship with MAGPIE LLC under the T&C, shall be governed by the laws of the State of New York. You and MAGPIE LLC agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
- Violation of T&C: Please report any violations of the T&C by emailing firstname.lastname@example.org
- Independent Relationship: You and MAGPIE LLC are independent contractors, and these T&C, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and MAGPIE LLC. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the T&C. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the T&C.
Questions about the T&C should be sent to us at email@example.com