Terms of Service

Welcome to Magic Perfume! The terms "we", "us" and "our" refer to Magic Perfume. Magic Perfume operates this shop and website, including all associated information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the "Services"). Magic Perfume 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. Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address topics such as disclaimers of warranties and limitations of liability. By visiting, interacting with or using our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. 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 agreeing to these Terms and Conditions, you confirm that you are of legal age in the state or region in which you reside and that you have given us your consent to allow your minor dependants to use the Services on devices that you own, have purchased or manage. To use the Services, including accessing or navigating our online shops or purchasing products or services we offer, 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 you provide in our shops is accurate, current and complete and that you are fully authorised to provide such information. You alone are responsible for the security of your account login credentials and for all activities 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 shops as accurately as possible. However, please note that colours or the appearance of products may differ from those displayed on your screen due to the device you use to access the shop and its settings and configuration. We make no guarantee that the appearance or quality of products or services you purchase will meet your expectations or match the representations in our online shops. All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue 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. Magic Perfume reserves the right to accept or decline your order at its sole discretion for any reason. Your order is only considered accepted once confirmed by Magic Perfume. Acceptance of your order is conditional upon receipt and processing of your payment. Please review your order carefully before placing it, as Magic Perfume may be unable 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 telephone number provided at the time of ordering. Returns or exchanges of your purchases are governed exclusively by our right of withdrawal policy. You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING Prices, discounts and special offers may be changed without prior notice. The price charged for a product or service is the price in effect at the time of the order and will be stated in the order confirmation you receive by email. Unless expressly stated otherwise, the prices indicated do not include taxes, shipping, handling, customs or import charges. Prices listed in our online shops may differ from those in physical stores or in online shops or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and that are subject to different terms and conditions than those set out herein. In the event of a conflict between the terms of a promotion and these Terms and Conditions, the terms of the promotion shall prevail. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shops. 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 needed. 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 stated prices, including shipping and handling fees and any applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. 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 handed the products over to the shipping carrier, title 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 the property of Magic Perfume, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual property laws. These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services. Unless expressly provided herein, nothing in these Terms and Conditions grants you a licence or any other rights in or to any patents, trademarks, copyrights or other intellectual property of Magic Perfume, Shopify or any third party, nor may such a grant be implied from 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 Magic Perfume. The names, logos, product and service names, designs and slogans of Magic Perfume are trademarks of Magic Perfume or its affiliates or licensors. You may not use these trademarks without the prior written permission of Magic Perfume. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS You may be given access to customer tools provided by third parties as part of the Services, which we neither monitor, control nor influence. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We disclaim all liability arising from or related to your 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 shall also constitute part of the Services and shall 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 materials or third-party 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 liable 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 policies and procedures of the third party and ensure you understand them before carrying out any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

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

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 the Services to you. Please refer to our Privacy Policy for further 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 all Feedback content or have full rights thereto; (ii) you have disclosed any compensation or incentives received in connection with the submission of 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 are not obligated, to monitor, edit or remove Feedback that we determine in 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 copyrights, trademarks, privacy rights, personality rights or other personal or proprietary rights. You further warrant that your Feedback does not contain defamatory or otherwise unlawful, offensive or obscene statements and is free from 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 or liability 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, pricing, 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 prior notice (including after you have submitted your order).

SECTION 13 — PROHIBITED USES You may only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial, state or local regulations, rules, laws or ordinances; (c) to infringe or violate 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 send, 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 solicitations; (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 Magic Perfume, Shopify or users of the Services or expose them to liability. Furthermore, you 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 portion of the Services; (c) collect or track the personal data of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling or scraping activities; 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 determine that 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 liable for all amounts due up to and including the date of termination. The following sections shall 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 provisions that by their nature should survive termination.

SECTION 15 — DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available solely for general information purposes. We make no warranty as to 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 and responsibility 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. UNLESS EXPRESSLY STATED BY MAGIC PERFUME, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR 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 DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 — LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, MAGIC PERFUME, 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 INJURIES, LOSSES, CLAIMS 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 ON 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 CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY 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 PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 — INDEMNIFICATION You agree to indemnify, defend and hold harmless Magic Perfume, 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 claims, provided that failure to provide prompt notice does 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 from you 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 shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall 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 respect of 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 null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 — GOVERNING LAW These Terms and Conditions and any separate agreements through 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 Magic Perfume has its principal place of business. You and Magic Perfume 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 TERMS AND CONDITIONS You can 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 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 If you have any questions regarding the Terms and Conditions, please contact us at hello@magicperfume.net.