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Terms and Condition
Terms and Conditions
These Terms and Conditions apply to the owner of this website (Site), Magnum Magnets, whose registered office is 6 Chelsea Ave, Burton SA 5110 Australia. The term ‘us’ or ‘our’ or ‘we’ refers to Magnum Magnets. The term ‘you’ or ‘your’ or ‘user’ or ‘customer’ refers to the website user.
WE WILL ONLY SUPPLY GOODS AND SERVICES TO ANY CUSTOMER ON THE FOLLOWING TERMS AND CONDITIONS (‘THE TERMS AND CONDITIONS’) UNLESS WE AGREE IN WRITING TO VARY THE TERMS AND CONDITIONS. BY USING OUR SITE OR PURCHASING ANY GOODS FROM US, YOU ARE ACCEPTING AND AGREEING TO OUR TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY IN CONJUNCTION WITH THE WEBSITE TERMS OF USE AND PRIVACY POLICY (THE TERMS).
PRIOR TO PLACING AN ORDER, WE RECOMMEND YOU CAREFULLY READ THE TERMS THAT ARE IN EFFECT AT THE TIME TO ENSURE YOU UNDERSTAND AND AGREE TO THEM. WE MAY, AT ANY TIME AND AT OUR DISCRETION, VARY THESE TERMS BY PUBLISHING THE VARIED TERMS ON OUR SITE. WE RECOMMEND YOU CHECK OUR SITE REGULARLY TO ENSURE YOU ARE AWARE OF OUR CURRENT TERMS. THE PUBLISHED ONLINE VERSION OF THE TERMS WILL SUPERSEDE ALL PREVIOUS VERSIONS. MATERIALS AND INFORMATION (CONTENT) ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT UNDERTAKE TO KEEP OUR SITE UP-TO-DATE AND WE ARE NOT LIABLE IF ANY CONTENT IS INACCURATE OR OUT-OF-DATE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM US IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. OUR PRODUCTS AND SERVICES ARE DESIGNED TO BE OFFERED ONLY AT SELECT MARKETS AND GEOGRAPHICAL TERRITORIES. IF YOU USE OR PURCHASE ANY PRODUCTS OR SERVICES FROM US NOT SPECIFICALLY DESIGNED FOR YOU OR THE PLACE WHERE YOU ARE LOCATED, WE MAY REFUSE SERVICE OR YOU MAY NOT BE COVERED BY SOME OR ALL OF OUR POLICIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
1.2 Definitions and Interpretation in these Terms and Conditions:
‘Business Day’ means a weekday Monday to Friday between the hours of 9am and 5pm Australian Eastern Standard Time (AEST), excluding Australian public holidays; ‘Goods’ means the final goods produced by us by completing the Order; ‘GST’ means Goods and Services Tax, as defined in A New Tax System (Goods and Services Tax) Act, 1999 Australia; ‘Order’ means a successful online transaction made on our Site for the purchase of goods.
1.3 Business Day:
If the day on which any act, matter or thing is to be done under these Terms and Conditions is not a Business Day, that act, matter or thing:
(a) if it involves a payment other than a payment which is due on demand, must be done on the preceding Business Day; and
(b) in all other cases, may be done on the next Business Day.
1.4 General in these Terms and Conditions:
Unless the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) a reference to a clause is a reference to a clause of these Terms and Conditions;
(c) a reference to a party to these Terms and Conditions or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
(e) a reference to a period of time (including, without limitation, a year, a quarter, a month and a day) is to a calendar period.
1.5 Headings in these Terms and Conditions:
Headings are for convenient reference only and do not affect interpretation.
2. USER CONTENT
2.1 Uploading content:
If you have chosen a personalised photo product, to place your order with us you may need to access and upload your photos. You can access these photos from your device’s photo gallery. If you would like to access any photos on social sites such as Facebook or Instagram we recommend you login to your nominated social account, access these photos and save them out on the device’s photo gallery you are ordering from. All Images must meet our Image specifications, which may be changed by us from time to time. By adding the product to your cart you are acknowledging that you have approved the artwork seen in the preview.
By uploading your image to our Site you agree to the following:
we strive to retain Images that are of sufficient quality for inclusion in personalised products, but some loss and modification of detail may be apparent under close examination;
when you upload an image to your product, it will be kept during the session of creating your personalised product. If your session times out the image will be automatically deleted;
our policies concerning the storage of images and user content may change from time to time;
if an image does not meet our specifications you may not be able to upload it and/or you may find that it is not possible to use that image in conjunction with some or all of our products;
you should make sure that your images are securely stored elsewhere, as we do not undertake or guarantee to keep your images and other user content indefinitely, and we will not be responsible for the loss of, deletion or corruption of images or any user content. We do not keep back-up copies of Images and other User Content; we have no liability to you or any User if Images or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control).
2.2 User Content and Content Rules:
Images, words, names and other material (including textual annotations to and comments on Images) uploaded and printed on product, by a User on, through or in connection with us are treated as "User Content" for the purposes of these Terms. Users must have the right to deal, and the right to authorise us to deal, with their User Content in the ways that they and we use it in connection with the Services or for other purposes referred to in these Terms. You must not upload User Content, or otherwise deal with User Content if you do not have the right to do so. Each User shall ensure that his/her User Content, and his/her and our use of it, does not:
infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to our Site or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it (such as by including the Image in a printed Product);
misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy;
infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an Image that you upload to our Site and to authorise the subsequent use of it (such as by including a depiction of that person in a Product we produce and send to you);
infringe any other rights, such as a trade mark or intellectual property, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
contravene any applicable law (including, without limitation, any criminal law) or regulation;
include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
misrepresent the User's identity in any way or impersonate any person;
include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
harass, upset, embarrass, alarm or annoy any person;
give the impression that it emanates from us, if this is not the case; or
infringe our fair use requirements or otherwise interfere with the proper working of our Site and/or our Services.
IMPORTANT NOTE: Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site. It is possible that Images or other User Content may be accessible through our Site or on our products which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such Images or User Content on our Site or on our products please contact us.
We may without notice cancel any order or delete any Image or other User Content which we become aware of that appears to breach our Content Rules, or prevent any use of Services (including purchase of Products) which includes any such Image or User Content.
We do not endorse or approve, and are not responsible for any User Content.
3. ORDERS
3.1 Placing an Order:
All orders are final, unless otherwise noted. You acknowledge and agree that when purchasing goods from us that you accept the following:
orders placed separately or consecutively cannot be consolidated. A separate delivery fee will be applied to each order;
once an order has been placed you will be unable to add further products to the existing order;
all goods purchased are intended for personal non-commercial use only. The customer agrees goods may not be resold;
you will abide by all the terms regarding promotions where goods are limited by per person or per address. Any quantity restrictions will be stated on the promotional material and relative promotion terms and conditions;
the customer must be at least 18 years of age with an active phone number and email address to purchase Goods;
additional charges in addition to the order amount may be charged to you. If additional charges are to be incurred the customer will be notified via their order email address or verbally via their contact number; and
we will not be liable for spelling, punctuation or grammatical errors made by the user, errors in user selected product type, size, quantity or duplicate orders placed by the user.
When an online order has been completed and is successful you will receive an email from us acknowledging that we have received your order which can be used as a tax invoice. The order amount will be taken from the payment option selected.
The email order confirmation does not mean that your order has been accepted. Your order establishes an offer to us to buy a product. All orders are subject to availability and acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched. Your order will not be dispatched until payment is received in accordance with our payment provisions.
3.2 Order rejection:
We reserve the right to accept or reject your order for any reason at any time. If an order has been rejected, the customer will be notified via the email address or phone number listed on the order. The customer will receive a refund of any money paid via the payment method used on the original purchase.
3.3 Order Changes:
All our products are produced to order and are highly personalised accordingly if you make a mistake with your order, you will not be able to make amendments. When an order is submitted, production files are created immediately, and the order enters into the production process. This process is entirely automatic, and we are unable to disrupt the process. Please kindly note that we ask and require our customers to confirm their choices before they add their product to the cart. Any changes made to an already approved purchase is subject to further approval by us, and you may or may not be able to make any changes on any final orders.
For Australian customers, if you have made a change to the delivery method of your order to “Customer Pick Up” it is your responsibility to contact customer service to verify if your order is ready for collection. Alternatively, if you change from “Customer Pick Up” to “Delivery” a postage and handling fee will incur and must be received before we send your order.
3.4 Order Cancellation:
All orders placed on our Site are considered final and cannot be cancelled, except in the case of a confirmed Site error. Our products are highly personalised and once you submit your order, it is immediately integrated into our production workflows and begins production. Therefore, we are unable to accept order cancellations for changes of mind or any errors made by the customer.
3.5 Order Supplies:
The user acknowledges that whilst we will use reasonable endeavours to produce the exact number and or types of items in the Order, owing to the user, error in the number of items and or type of items actually produced may be different and where a discrepancy occurs we will send at our cost the exact number and or types of items missing to reflect the actual number and or types of items originally ordered. Should we run out of supplies/stock to fulfil your order you will be notified and a store credit or refund will be issued to you.
4. PRICING AND PAYMENT
4.1 Prices:
All prices displayed on our Site are in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated. Prices are subject to change without notice. We reserve the right to amend prices at any time. Any changes will not affect orders that have already been accepted by us.
4.2 Payment:
Payment for all orders must be made at the time of purchase. We accept payment via the payment methods made available on our Site. By submitting an order, you authorise us to charge the total order amount, including any applicable delivery charges, taxes and fees, to the selected payment method.
We reserve the right to refuse or cancel any order if payment cannot be processed or if we reasonably suspect fraudulent activity. If your payment is declined, your order will not be processed.
4.3 Promotions and Discounts:
From time to time, we may offer promotions, discount codes or special offers. These offers are subject to specific terms and conditions and may be withdrawn or modified at any time without notice. Discount codes must be applied at checkout and cannot be applied retrospectively. Only one promotion or discount code may be used per order unless otherwise stated.
5. DELIVERY
5.1 Delivery Timeframes:
Estimated delivery times provided on our Site are indicative only and are not guaranteed. Production and delivery timeframes may vary depending on product type, order volume, seasonal demand and courier delays. We will not be liable for any loss or damage arising from delivery delays beyond our reasonable control.
5.2 Delivery Address:
You are responsible for ensuring that the delivery address provided is correct and complete. We are not responsible for orders delivered to an incorrect address supplied by the customer. If an order is returned to us due to an incorrect or incomplete address, additional delivery charges may apply to resend the order.
5.3 Risk and Title:
Risk in the Goods passes to you upon dispatch of the Goods from our premises. Title to the Goods passes to you once full payment has been received by us.
5.4 Lost or Damaged Deliveries:
If your order is lost or damaged in transit, please contact us as soon as possible. We may require you to provide additional information, including photographs or statements, to assist with an investigation. Claims must be made within a reasonable time from the expected delivery date.
6. INTELLECTUAL PROPERTY
All content on this Site, including but not limited to text, images, graphics, logos, designs, software and trademarks, is owned by or licensed to Magnum Magnets and is protected by Australian and international intellectual property laws.
You must not reproduce, distribute, modify, display, publish or otherwise exploit any content on this Site without our prior written consent, except as expressly permitted by law.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Magnum Magnets excludes all liability for any loss, damage, cost or expense (whether direct, indirect, incidental or consequential) suffered or incurred by you arising out of or in connection with:
the use of, or inability to use, our Site or Services;
any errors, inaccuracies or omissions in content;
any unauthorised access to or use of our servers or personal information;
any interruption or cessation of transmission to or from our Site; or
any bugs, viruses or other harmful components transmitted through our Site.
Nothing in these Terms and Conditions limits or excludes liability that cannot be limited or excluded under the Australian Consumer Law.
8. RETURNS POLICY
All our products are produced to order and are highly personalised so unfortunately; we will not be able to accept returns based on change of mind or use outside of what the product is intended for.
8.1 Australian Consumer Law guarantees:
Nothing in these Terms and Conditions attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our products come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms and Conditions. If you wish to lodge a claim under the Australian Consumer Law please contact us.
8.2 Making a claim under the Australian Consumer Law:
to seek an Australian Consumer Law remedy, please contact us and have that contact acknowledged prior to returning the products;
you may be asked to provide photographic evidence of the product;
you may be asked to send the product back to us to allow for a reasonable opportunity to fully inspect the product. If you are asked to return the product you will receive instructions of how to post your product for return;
we will cover the postage costs for the return of the product if deemed to have breached an Australian Consumer Law guarantee;
if the product is deemed to not be a breach of an Australian Consumer Law guarantee by us, you will be liable for shipping costs to return the product;
if a refund is offered by us, you will be refunded the amount of the product paid for at the time including shipping. If the product was purchased with other products in a consolidated order you will not be eligible to receive a refund on original postage costs;
it is your responsibility to track the delivery of your returned product until received.
8.3 Processing your return claim:
We aim to process returns within 5 business days of receiving them, but high-volume periods, especially around October through to February, could cause delays. We apologise for any inconvenience. If you’re concerned that your return has but not processed in a timely manner, please contact us.
8.4 Refunds:
Where we are issuing you a refund, the refund will be issued via the payment method used on the original purchase. In using the purchase services, you acknowledge that you have familiarised yourself with and agree to be bound by the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation and policies provided by the payment provider.
8.5 Store Credit:
Depending on the failure with the product, you may choose a store credit in place of a refund or replacement of a product. The below applies to store credit;
your store credit will only be valid for use on the Site the original order was placed on;
we cannot transfer store credit to another person or account;
any orders that exceed the value of the store credit provided will require an additional method of payment for the remaining balance due;
store credit will be the amount of the product paid for at the time including shipping. If the product was purchased with other products in a consolidated order you will not be eligible to receive free shipping on your store credit;
store credit is valid for 3 months after the date of issue;
by using store credit, you agree to all our terms and conditions available on our website; and
store credit will be provided in the amount of AUD and via a code that must be placed into the code section at checkout for it to be applied.
CONTACT INFORMATION
For any questions and notices, please contact us HERE or at:
Magnum Magnets
6 Chelsea Ave
Burton SA 5110
Australia