Terms of service

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

Section 1 — Access and Account

By accepting these Terms of Service, 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 that you own, have purchased or manage. To use the Services, including to access or browse our online store or to purchase products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and delivery details. You represent and warrant that all information you provide in our store is accurate, current and complete, and that you are fully authorised to provide it. 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 made every effort to represent our products and services in our online store as accurately as possible. However, please be aware that the colours or appearance of products may differ from those displayed on your screen depending on the device you use to access the store and its settings and configuration. We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the representations in our online store. All product descriptions may be changed at any time and without notice, at our sole discretion. We reserve the right to remove products from our catalogue at any time and to limit the quantities of products we offer to any person, in any geographic area 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 refuse your order at its sole discretion and for any reason. Your order is only considered accepted once confirmed by Magyx. Acceptance of your order is conditional upon receipt and processing of your payment. Please review your order carefully before placing it, as Magyx may not be able to accommodate cancellation requests once an order has been accepted. If we are unable to accept, modify or cancel an order, we will attempt to notify you via the email address, billing address and/or phone number provided at the time of ordering. The return or exchange of your purchases is governed exclusively by our returns 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 may change without notice. The price charged for a product or service is the price in effect at the time of the order and will be shown in the order confirmation you receive by email. Unless expressly stated otherwise, prices shown do not include taxes, shipping, handling, customs or import charges. Prices shown in our online store may differ from those charged in physical stores or in online stores operated by third parties. We may from time to time offer promotions for the Services that affect pricing and are subject to different terms and conditions from those set out herein. In the event of a conflict between the terms of a promotion and these Terms of Service, 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 store. 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 true, accurate and complete, (ii) you are authorised to use that credit card for the purchase, (iii) the 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 all applicable taxes.

Section 5 — Shipping and Delivery

We are not responsible for shipping and delivery delays. All delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Once we have handed products to the carrier, ownership and risk of loss transfer 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 Magyx, its affiliates or its licensors and are protected by US and international patent, copyright and other intellectual property laws. These Terms of Service permit you to use the Services for personal, non-commercial purposes only. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services. Except as expressly provided herein, nothing in these Terms of Service grants you a licence or any other right to the patents, trademarks, copyrights or other intellectual property of Magyx, Shopify or any third party, and no such grant may be inferred 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 Magyx. The names, logos, product and service names, designs and slogans of Magyx are trademarks of Magyx or its affiliates or licensors. You may not use these marks without the prior written permission of Magyx. 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 appearing on the Services are the trademarks of their respective owners.

Section 7 — Optional Tools

You may have access to third-party 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 on an "as is" and "as available" basis, without any warranty, representation or condition of any kind and without any endorsement. We accept no liability arising from or related to your use of optional third-party tools. Your 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 on which those 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 be subject to these Terms of Service.

Section 8 — Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for reviewing 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 harm or loss resulting 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 any third party and ensure you understand them before entering into 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

Magyx is powered by Shopify, which enables us to provide the Services. However, all sales and purchases you make in our store are entered into 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 injuries, damages or losses arising from products and services purchased. You expressly release Shopify and its affiliates from any and all liability for claims, damages and obligations 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 found here. In addition, certain personal data may be subject to Shopify's Privacy Policy, which can be found 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 them. Data you submit to the Services is shared with Shopify and third-party service providers who may be located in countries other than your country of residence, in order to provide the Services. Please refer to our Privacy Policy for more information on how we, Shopify and our partners use your personal data.

Section 11 — Comments and Reviews

When you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively referred to as "Comments"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display those Comments in any medium and for any purpose, including commercial purposes. You further represent and warrant that: (i) you own all content within the Comments or have full rights to grant the above licence; (ii) you have disclosed any compensation or incentive received in connection with submitting your Comments; and (iii) your Comments comply with these Terms of Service. We are under no obligation to (1) treat your Comments as confidential, (2) pay compensation for your Comments, or (3) respond to your Comments. We reserve the right, but not the obligation, to monitor, edit or remove Comments that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violate any party's intellectual property or these Terms of Service. You warrant that your Comments do not infringe the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further warrant that your Comments do not contain defamatory or otherwise unlawful, offensive or obscene material and are free of viruses or other malicious software that could affect the operation of the Services or any related website. 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 Comments. You are solely responsible for your Comments and their accuracy. We accept no responsibility for any Comments posted by you or any third party.

Section 12 — Errors, Inaccuracies and Omissions

Information on or within the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, timelines and availability. Where information is inaccurate, we reserve the right to correct any 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 only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any illegal or malicious purpose; (b) to violate any international, federal, provincial, state or local regulations, rules, laws or ordinances; (c) to infringe our intellectual property rights or those 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 knowingly send, receive, upload, use or reuse material that does not comply with these Terms of Service; (g) to transmit or cause the transmission of any advertising or promotional material, including spam, chain letters or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use of the Services, or that may, in our opinion, harm Magyx, Shopify or users of the Services or expose them to liability. In addition, 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; (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, disable or close your account at any time and without notice if we determine that you have violated any part of these Terms of Service.

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 and without notice. You will remain liable for all amounts due up to and including the date of termination. The following sections will survive termination: Intellectual Property, Comments, 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 for general informational purposes only. We do not warrant 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 reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of their contents. EXCEPT AS EXPRESSLY STATED BY MAGYX, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, 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 FULLEST 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 NOT 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 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 PRODUCT) 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 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 third-party legal fees, arising from (1) your breach of these Terms of Service 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 notify promptly will not relieve you of your obligations unless you suffer material prejudice as a result. We may control the defence and settlement of any such claim at your expense, including the choice of legal counsel, but we will not settle any claim imposing non-monetary obligations on 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 of Service 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 of Service. 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 of Service shall not constitute a waiver of that right or provision. These Terms of Service and all 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 any prior versions of the Terms of Service. Any ambiguity in the interpretation of these Terms of Service 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 of Service without our prior written consent, and any attempt to do so is void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

Section 21 — Governing Law

These Terms of Service 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 those courts.

Section 22 — Headings

The headings used in this agreement are included for convenience only and shall not affect these Terms of Service.

Section 23 — Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service at our sole discretion by posting updates and changes to our website. It is your responsibility to check our website regularly 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 specified in the notification. By continuing to use or access the Services after any changes to these Terms of Service are posted, you agree to those changes.

Section 24 — Contact

If you have any questions about the Terms of Service, please contact us at hello@magyx.co or by post at 1591 McKenzie Way, Point Roberts, WA 98281, United States.