Introduction and Acceptance of the Terms and Conditions
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’, the ‘Customer’ the ‘Purchaser’) and ‘Pure Magik’ (hereafter also referred to as ‘We’, ‘the Website’ or ‘puremagik.com.au’), belonging to the company Pure Magik Perfumery, ABN 11443831069. Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express. written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and Pure Magik as they are used to protect your rights as a valued customer and our rights as a business.
Changes to the Terms of Service and the Website
puremagik.com.au is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.
Access to the Website
We work hard to ensure the Website is always up and available, but we can't guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
Parts of the Website may require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with Pure Magik by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using the Website in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.
We do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.
Product information
Pure Magik takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.
Prices
The prices indicated on Pure Magik are shown in Australian Dollars and do not include delivery. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.
Availability
We will always endeavour to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again. We will refund the shipping fees for the rest of the order. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement, and then wish to return it to us in the conditions outlined under Shipping & Returns, the return postage will be covered by us. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.
Pure Magik cannot guarantee and accepts no liability in regards to the availability of stock and the time frame involved in delivering any goods or service pursuant to the Purchaser’s order. Pure Magik reserves the right to cancel any order without notice.
Secure payment & Billing
Pure Magik currently offers one way to pay for your order, PayPal & credit cards. These payment options use advanced SSL encryption to keep your transaction secure and do not cost you anything to use (Pure Magik is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these Merchants to use these methods of payments. Please refer to PayPal for full terms and conditions of use.
We will accept payment for your purchase by either PayPal, Visa®, MasterCard® or American Express. All goods supplied remain the property of Pure Magik until they are paid for in full. Please ensure you enter your contact and delivery details correctly, including your phone number, so that we can contact you if necessary. The name on the credit card or PayPal account used for payment must match the billing name on the order. We reserve the right to cancel any order which we determine does not meet this requirement.
All product and shipping prices quoted on the www.puremagik.com.au are in Australian Dollars (AUD). All transactions are settled in AUD. Some credit providers may charge additional fees, please contact your credit provider for more information.
Delivery
Your order will be delivered to the address you indicated when your order was placed. The products bought on this website will be delivered to one address in Australia only.
Pure Magik does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. Once a order is posted with Australia Post or other courier, we are no longer liable for that parcel being undelivered, lost or damaged in transit. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim.
Right of Return – see Shipping & Handling (Returns, Refunds and Exchanges Policy)
Pure Magik allows you to return a product within 7 days of date of delivery that you are not satisfied with. Your right of return starts from the moment your order is delivered. You must first contact Pure Magik by email or phone to obtain a return number and then return the product to us within 14 days of delivery, at your own expense, with your invoice and a signed note stating the reason for your return. Detail under Shipping & Handling.
For reimbursements:
- If the product is returned within 14 days of its delivery, the User will be reimbursed via the same payment method as was used initially.
Privacy and protection of personal data – see Privacy Policy
The details you give us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.
Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.
Intellectual ownership
All the content on Pure Magik website (illustrations, texts, names, brand names, images and videos) is the property or responsibility of Pure Magik. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by Pure Magik. All information, content and files are protected by International law concerning intellectual ownership and copyright. Pure Magik cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.
Pure Magik will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
Waiver and Severability
Any failure of Pure Magik to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Pure Magik, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Feedback & Comments
Any opinions left on the Website by Pure Magik customers are screened and moderated by Pure Magik. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), Pure Magik reserves the right to refuse or modify it.
Website Terms of use
1. About this website
Website Owner = Pure Magik Perfumery ABN 11 443 831 069. Domain name = http://www.puremagik.com.au the “website”
2. About these terms of use
These website terms of use (“terms of use”) and the associated Privacy Statement (“privacy policy”) govern your access to and use of the website. You should read these terms of use and the privacy policy carefully before using this website.
3. Your access/use implies agreement
The website is available for your use only on condition that you agree to these terms of use. By accessing/using the website, you are signifying that you agree to be bound by these terms.
4. Modifications to the Terms
Pure Magik may revise and update these terms of use at any time. Your continued usage of the website after any changes to these terms of use will mean you accept those changes.
5. Modifications to the information
Pure Magik does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Pure Magik
6. Errors and problems
Pure Magik does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
7. License and Ownership
The copyright for the content on this website is owned or licensed by Pure Magik and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Pure Magik.
All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Pure Magik.
8. [Website Owner] Privacy Policy
The Pure Magik privacy policy governs the use of information collected from or provided by you at the website. A policy statement prepared by [Website Owner] for the purposes of being made available to customers and the general public declaring the company's commitment to the Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a company required to comply is available at http://www.puremagik.com.au/privacy-policy.
9. Feedback, suggestions, comments or requests
Pure Magik does not encourage you to make feedback, suggestions, comments or requests (“comments”) but these comments may be made to info@ puremagik.com.au and if you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and Pure Magik is under no obligation to keep such information confidential, and Pure Magik will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
9. Outbound links
The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Pure Magik. Pure Magik makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. Pure Magik may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Pure Magik website.
10. Inbound links
Pure Magik generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Pure Magik. However, linking to any other page of the website is strictly prohibited, without express written permission from Pure Magik.
11. Jurisdiction
The Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of NSW and The International Section is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the laws of the State of NSW Australia.
12. Disclaimer of Warranties
Pure Magik makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
13. Limitation of Liability
If Pure Magik is found responsible for any damages, Pure Magik is responsible for actual damages only. In no event shall Pure Magik, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
14.General Conditions of Sale
The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Pure Magik with respect to the subject matter hereof.
a. The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
b. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to the Pure Magik that you are able to make a legally binding contract.
c. Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
d. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
e. Pure Magik reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with Pure Magik only comes into existence when Pure Magik forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
f. This contract shall be governed by and construed in accordance with the law in effect in the State of NSW and by entering into contract both parties are accepting the jurisdiction of the courts of the State of NSW in relation to any dispute between them.
g. You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to Pure Magik if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by Pure Magik within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
h. Ownership and property in the goods supplied/delivered shall pass from Pure Magik to you when Pure Magik accepts your offer and assigns product in the Pure Magik warehouse. Risk passes to you upon delivery to an agreed delivery point.
i. Pure Magik shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and Pure Magik shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
j. You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Pure Magik in respect of any such use. Pure Magik is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by Pure Magik for the consequences of the use of damaged goods by you.
k. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Pure Magik implied by the Goods Act, 1958.
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