Terms of service

TERMS & CONDITIONS

Welcome to Magyx! The terms "we", "us" and "our" refer to Magyx. Magyx operates this store and website, including all associated information, content, features, tools, products and services, to offer you, as a customer, a personalised shopping experience (the "Services"). Magyx is built on Shopify, which enables us to provide you with the Services. The terms and conditions below, together with the policies referenced herein (these "Terms and Conditions" or "Terms"), describe your rights and obligations when using the Services. We encourage you to read these Terms and Conditions carefully, as they contain important information about your legal rights and address topics such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT By accepting these Terms and Conditions, you confirm that you are of legal age in the state or region where you reside and that you have given us your consent to allow your minor dependants to use the Services on devices owned, purchased or managed by you. To use the Services, including accessing or browsing our online stores or purchasing products or services offered by us, you may be required to provide certain information, such as your email address and billing, payment and delivery information. You represent and warrant that all information provided in our stores is accurate, current and complete and that you are fully authorised to provide such information. You are solely responsible for the security of your account login credentials and all activity on your account. You may not transfer, sell, assign or licence your account to another person.

SECTION 2 — OUR PRODUCTS We have endeavoured to represent our products and services in our online stores as accurately as possible. However, please note that the colours or appearance of products may differ from those displayed on your screen due to the device you use to access the store and its settings and configuration. We do not guarantee that the appearance or quality of products or services purchased will meet your expectations or match the representations in our online stores. All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of products at any time and to limit the quantities of products we offer to any person, in any geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 — ORDERS By placing an order, you are submitting an offer to purchase. Magyx reserves the right to accept or reject your order at its sole discretion and for any reason. Your order is considered accepted only upon confirmation by Magyx. Acceptance of your order is subject to receipt and processing of your payment. We encourage you to review your order carefully before placing it, as Magyx may not be able to accommodate cancellation requests after an order has been accepted. If we are unable to accept, modify or cancel an order, we will endeavour to notify you via the email address, billing address and/or phone number provided at the time of ordering. Returns or exchanges of your purchases are governed exclusively by our withdrawal policy. You represent and warrant that your purchases are intended for personal or domestic use and not for commercial resale or export.

SECTION 4 — PRICING AND BILLING Prices, discounts and special offers are subject to change without notice. The price charged for a product or service is the price in effect at the time of ordering and will be indicated in the order confirmation you receive by email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs or import charges. Prices listed in our online stores may differ from those in physical stores or online stores or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect prices and are subject to different terms and conditions from those set out here. In the event of a conflict between the terms of a promotion and these Terms and Conditions, the terms of the promotion will prevail. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as necessary. You represent and warrant that (i) the credit card information you provide is truthful, accurate and complete, (ii) you are authorised to use that credit card for the purchase, (iii) charges you incur will be honoured by your credit card company and (iv) you will pay the charges you incur at the prices indicated, including shipping and handling charges and any applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events beyond our control. Once we have delivered the products to the shipping carrier, ownership and risk of loss pass to you.

SECTION 6 — INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, trade names, text, representations, images, graphics, product reviews, video and audio files and their design, selection and arrangement, are owned by Magyx, its affiliates or licensors and are protected by domestic and foreign patents, copyrights and other intellectual property laws. These Terms and Conditions authorise you to use the Services solely for personal and non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material from the Services. Except as expressly provided herein, nothing in these Terms and Conditions grants you a licence or any other right in or relating to patents, trademarks, copyrights or other intellectual property of Magyx, Shopify or any third party, nor may such a grant be implied by these provisions. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Magyx. Magyx's names, logos, product and service names, designs and slogans are trademarks of Magyx or its affiliates or licensors. You may not use these trademarks without the prior written consent of Magyx. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS You may have access to third-party customer tools provided as part of the Services, which we do not monitor, control or influence. You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without any endorsement. We disclaim all liability arising from or related to the use of optional third-party tools. Use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarising yourself with and accepting the terms and conditions under which such tools are provided by the relevant third parties. We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also form part of the Services and will be subject to these Terms and Conditions.

SECTION 8 — THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you access at your own discretion. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk. We are not responsible for any damages or losses arising from your access to third-party websites or from the purchase or use of products, services, resources or content on third-party websites. You should carefully review the third party's policies and procedures and ensure you understand them before engaging in any transaction. Claims, requests, concerns or questions regarding third-party products and services must be directed to the relevant third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY Magyx is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases you make in our store are concluded directly with Magyx. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and Magyx, including any damages, injuries or losses arising from products and services purchased. You hereby expressly release Shopify and its affiliates from any liability for any claims, damages and liabilities arising from or related to your purchases and transactions with Magyx.

SECTION 10 — PRIVACY POLICY All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here. In addition, certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies. As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is shared with Shopify and third-party providers who may be located in countries other than your country of residence, in order to provide you with the Services. Please refer to our Privacy Policy for more information on how we, Shopify and our partners use your personal data.

SECTION 11 — FEEDBACK When you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively referred to as "Feedback"), you grant us a perpetual, worldwide, sub-licensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We may, for example, exercise our rights under this licence to operate, provide, evaluate, expand, improve and promote the Services and to fulfil our obligations and exercise our rights under the Terms and Conditions. You further represent and warrant that: (i) you own or have full rights to all content in the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) keep your Feedback confidential, (2) pay compensation for your Feedback or (3) respond to your Feedback. We reserve the right, but not the obligation, to monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that violates the intellectual property of any party or these Terms and Conditions. You warrant that your Feedback does not violate the rights of any third party, including copyright, trademark, privacy rights, personality rights or other personal or proprietary rights. You also warrant that your Feedback does not contain defamatory or otherwise unlawful, offensive or obscene statements and is free of computer viruses or other malware that could affect the operation of the Services or any related website in any way. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility for any Feedback posted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS Occasionally, information on or through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product shipping costs, terms and availability. Where inaccurate information is present, we reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders at any time and without notice (including after you have submitted your order).

SECTION 13 — PROHIBITED USES You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for illegal or harmful purposes; (b) to violate international, federal, provincial, state or local regulations, rules, laws or ordinances; (c) to infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to submit, knowingly receive, upload, download, use or reuse material that does not comply with these Terms and Conditions; (g) to transmit or cause the transmission of any advertising or promotional material, including "junk mail", "chain letters", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use of the Services, or which, in our judgement, may harm Magyx, Shopify or users of the Services or expose them to liability. You also agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal data of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, deactivate or close your account at any time and without notice if we believe you have violated any part of these Terms and Conditions.

SECTION 14 — TERMINATION We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice. You will remain responsible for all amounts owed up to and including the date of termination. The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision that by its nature should survive termination.

SECTION 15 — DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available solely for general informational purposes. We make no warranties regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. EXCEPT AS EXPRESSLY STATED BY MAGYX, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF 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. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16 — LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGYX, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 — INDEMNIFICATION You agree to indemnify, defend and hold harmless Magyx, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable legal fees payable to third parties, arising from (1) your breach of these Terms and Conditions or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim, provided that failure to give timely notice will not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defence and settlement of any such claim at your expense, including the selection of legal counsel, but will not settle any claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defence of indemnification claims, including by providing relevant documents.

SECTION 18 — SEVERABILITY If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions will not be affected by such a finding.

SECTION 19 — WAIVER AND ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this website or in connection with the Services constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 20 — ASSIGNMENT You may not transfer, assign or delegate this agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so is void and of no effect. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 — GOVERNING LAW These Terms and Conditions and any separate agreement by which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts of the country in which Magyx has its principal place of business. You and Magyx consent to the jurisdiction and personal jurisdiction of such courts.

SECTION 22 — HEADINGS The headings used in this agreement are included for convenience only and shall not affect these Terms and Conditions.

SECTION 23 — CHANGES TO THE TERMS AND CONDITIONS You may review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for any changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions constitutes your acceptance of those changes.

SECTION 24 — CONTACT INFORMATION For any questions regarding the Terms and Conditions, please contact us at hello@magyx.it.