Sales on this Site are subject to our Returns & Exchanges Policy, found here: [Link]
For information concerning Repairs, please click here: [Link]
OUR ONLINE STORE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.
Prices for our products are subject to change without notice. Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ORDERS AND TRANSACTIONS
We use PayPal to facilitate payments by our customers. You must create a Personal Account on PayPal and comply with PayPal’s terms and conditions in order to make a purchase from Magama. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of PayPal.
You undertake that all of the details which you provide to us for the purposes of any order and its delivery will be correct, that the PayPal account you use is yours, and that it has sufficient available funds to cover the cost of your order. We may access your PayPal account details where required for the purposes of facilitating refunds and handling your queries.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
In order to save or view items in wish lists, view order histories, or save or change billing, shipping, and contact information, you will need to create a user account by providing an email address and password. You agree to provide current, complete, and accurate account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS SITE
Occasionally, information on this Site may not be accurate, complete, or current. We reserve the right to amend and modify such information and other content of this Site at any time, including, without limitation, pricing information, but we have no obligation to do so, nor do we take any obligation to clarify information on this Site, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
THIRD PARTY SERVICES AND CONTENT
The Site may include links to other sites and services, some of which are operated by Magama and others that are operated by third parties. Providers of sites, content, or services other than Magama are collectively referred to as “Third Party Providers.” We provide links to the sites of Third Party Providers as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed and are not responsible for the content of those or any other sites, or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites.
Different terms, conditions, and privacy policies may apply to your use of any linked sites, and you should read them carefully. Magama is not responsible for any losses, damages or other liabilities incurred because of your use of any linked sites. You are solely responsible for reading and complying with any licenses, restrictions, privacy policies, or other terms and conditions that govern the use of any linked site you choose to access and are solely liable for any violations of terms and conditions that arise out of or relate to your use of the linked site. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS, OR THE CONTENT ON THEIR SITES, AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.
CONDITIONS ON YOUR USE OF THIS SITE
Your use of this Site is subject to the following conditions:
• You may not use the Site in any way that is unlawful, fraudulent, defamatory, obscene, or otherwise harmful, including, but not limited to, accessing content in a manner that violates any applicable laws, statutes, or regulations, infringes or violates any other person or entity’s rights, or that Magama, in its sole discretion, finds to be obscene or defamatory.
• You agree to comply with Magama’s policies and all applicable laws, including all laws in your country of residence that are applicable to the transmission of data on the Internet, including, but not limited to, laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
• You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not use such material to create derivative works, to duplicate all or parts of products displayed on the Site, or to modify or delete any copyright, trademark, or other proprietary notice that appears on the material. Any non-personal use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Magama, is expressly prohibited.
You may not use the Site in any way that interferes with the operation of the Site or negatively affects any other user, host, or network, or circumvents any of the Services’ security protections.
• You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data, or personal information from the Site.
• You may not use contact information provided on the Site for unauthorized purposes, including marketing.
• You agree to abide by all additional restrictions displayed on the Site as updated from time to time.
• You may not use the Site to defame, harass, abuse, stalk, threaten, or violate the legal rights of others such as rights of privacy and publicity.
• You may not encourage another individual or entity to engage in an activity that would constitute a violation of these Terms.
• You acknowledge that Magama has no obligation to monitor your access to or use of the Site. However, Magama has the right to do so for the purposes of operating the Site and ensuring your compliance with these Terms or other applicable law or court order.
FEEDBACK, COMMENTS, AND OTHER MATERIALS YOU SUBMIT
You are responsible for any material you may submit via the Site, and therefore will be responsible for its legality, reliability, appropriateness, originality, and intellectual property violations. You may not upload, distribute, or otherwise publish through this Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” In particular, you may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead us or other users as to the origin of any content. Furthermore, you may not upload commercial content onto the Site.
We accept and welcome all feedback and suggestions regarding our services, stores, and products. However, please note that Magama is free to use any ideas, concepts, and knowledge that you (or individuals acting on your behalf) provide to Magama or its representatives. Unless we have indicated otherwise, you grant Magama and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display throughout the world in any media, any material that you provide to Magama through email, online publishing, postal mail, or other means.. You grant Magama and its affiliates the right to use any name you submit in connection with such material, if they so choose.
You represent and warrant that you own or otherwise control all the rights to the content you post or submit; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Magama for all claims resulting from content you supply.
COPYRIGHT & TRADEMARKS
The Site and all of its content, including images, text, graphics, video and audio files, photographs, music, logos, trademarks, service marks, interfaces and code, and the selection and arrangement thereof (collectively, the “Licensed Material”), is owned by Magama, its licensors, content providers, or other third parties.
United States copyright laws and international treaty provisions protect the Licensed Material. Magama and its licensors retain all title and interest in any intellectual property as well as other applicable proprietary rights in the Licensed Material. Except a
expressly authorized by Magama, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Licensed Material.
If you desire to use the content on this Site in a way that is unauthorized by these Terms, you must seek permission from Magama. Magama may, in appropriate circumstances and at its discretion, take action against users who infringe the copyrights of others. Proofs of infringement of copyright violations can include, for example, similar product style and design.
We have adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of users and account holders in Magama’s system or network who are repeat copyright infringers. If you believe that your copyright (or the copyright of a person on whose behalf you are authorized to act) has been infringed in accordance with the Digital Millennium Copyright Act 17 U.S.C § 512(c)(3), you may notify us by sending an email or a written notice to our designated agent for infringement claims including the following information:
1. A physical or electronic signature of person authorized to act on behalf of the owner of a right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and access to which is to be disabled, and information reasonably sufficient to permit Magama to locate the material, such as a URL identifying where it is located on the Site;
4. Information reasonably sufficient to permit Magama to contact you, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted by Magama;
5. A statement by you, stating that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, under the penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Magama’s Agent for Claims of Infringement:
222 NE 25th Street, Suite 104
Miami, FL 33137
(786) 600 2828
You agree to indemnify Magama and its affiliates, agents, representatives, and Third Party Providers, and to defend and hold each of them harmless from any and all claims, damages, expenses, losses, and liabilities, including but not limited to reasonable legal and accounting fees and costs of defense of litigation by third parties, arising out of or related to your access to or use of the Site, or your violation of these Terms.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOU ARE USING THE SERVICES AT YOUR OWN RISK. MAGAMA EXPRESSLY DISCLAIMS ALL ORAL OR WRITTEN WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE; MERCHANTABILITY; NON-INFRINGEMENT; FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING: OR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR ACCESSED THROUGH THE SERVICES, WHETHER OR NOT PROVIDED BY MAGAMA OR ITS PARTNERS. MAGAMA MAKES NO WARRANTY THAT THE SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MAGAMA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SITE CONTENT OR USE OF MATERIALS ON THE SITE IN TERMS OF THEIR ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, RELIABILITY, ADEQUACY, OR OTHERWISE.
IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAGAMA OR THROUGH THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE. NEITHER MAGAMA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, OR SITE CONTENT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR RELATED TO THE ACCESS OR USE OF THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, MAGAMA’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE. THIS INCLUDES BUT IS NOT LIMITED TO LOST PROFITS, UNAUTHORIZED ACCESS TO OR LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, PROPERTY DAMAGE RELATED TO THESE TERMS, OR ANY DAMAGE FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAGAMA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MAGAMA NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH MAGAMA IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND MAGAMA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
CHOICE OF LAW AND VENUE
CHANGES TO THESE TERMS
Magama may modify these Terms at its sole discretion, at any time, and without prior notice to you. Because our services are evolving, we encourage you to regularly check this page so that you understand our most current Terms. Please note that your continued use of the Site after any revision of these Terms shall constitute your agreement to be bound by the revised Terms. If the revised Terms are not acceptable to you, you must stop using the Site.
CHANGES TO THESE TERMS
No waiver of a right under these Terms will be effective unless is it in writing. No single waiver of a right shall be deemed a further or continuing waiver of such or any other provision. In addition, a delay or failure to assert any right under these Terms, or to partially assert that right, or a single exercise of that right, shall not in itself constitute a waiver of that right as provided in these Terms.
OTHER GENERAL TERMS REGARDING OUR SERVICES AND YOUR CONDUCT ON THE SITE
Some features on this Site may require the use of a password. You are responsible for protecting your password. You agree that you will be responsible for all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe that there has been or become aware of any loss, theft, or unauthorized use of your password, please notify us immediately. We assume that you have made all actions and communications under your password unless we receive notice otherwise.
We reserve the right at any time to refuse, modify, or discontinue the Service (or any part or content thereof) for any reason without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service in a manner not allowed by these Terms without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We also reserve the right, in our sole discretion, to limit or terminate your access or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Magama may be entitled at law or in equity. Magama reserves the rights to investigate, prosecute, and prevent the violation of these Terms to the fullest extent permitted by law. Magama may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. Should you violate these Terms, you shall be responsible for all costs incurred by Magama because of your violation.
You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Magama’s express written consent. Further, you may not utilize any Site content in any Meta tags or any other “hidden text” techniques or technologies without Magama’s express written consent.
If any part of these Terms is held invalid or unenforceable for any reason by any court of competent jurisdiction, it shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. The invalidity or unenforceability of any part or provision will not affect the validity of the rest of the Terms, which will remain in full force and effect.
How to contact us:
Emailing us at: email@example.com
Thank you for visiting our Site.