Terms & Conditions
Last Updated: March 13, 2015. Effective Date: January 1, 2015.
Magic reserves the right to change this Site and these terms and conditions at any time without notice. Any changes to this Agreement will be posted on this page. All changes will become effective five (5) business days after notice is given. You agree to check back often to see if the terms have changed. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your continued use of the Site after such revisions constitutes your acceptance of and agreement with such changes. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
While Magic uses reasonable efforts to include accurate, clear and up to date information on the Site, Magic makes no warranties or representations as to its accuracy. Magic assumes no liability or responsibility for any errors, omissions or unintended interpretations in the content of the Site. Should there be a question as to the interpretation of any of the policies, promotions, descriptions or other statements made on this Site, Magic shall make the sole determination as to said interpretation.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. If you are under the age of 18, please do not use our Site, do not submit any personal information to us, and rely on a parent or guardian to assist you. Subject to the terms and conditions of this Agreement, Magic hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Magic in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, re-post, transmit, create derivative works from, modify, reverse-engineer, disassemble or otherwise exploit this Site or any portion of it, or use the content of this Site for public or commercial purposes, including the text, images, audio, and video unless expressly permitted by Magic in writing. Magic reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Magic believes that customer conduct violates applicable law or is harmful to Magic's interests. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, data scraping, robots, or similar data gathering and extraction tools.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Magic. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of Magic without its express written consent. You may not use any meta tags utilizing Magic's name or trademarks without the express written consent of Magic. Any unauthorized use terminates the permission or license granted by Magic.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TheMagicOfChic.com so long as the link does not portray Magic, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Magic logo or other proprietary graphic or trademark as part of the link without express written permission. You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses, spyware, malware or other harmful code or properties. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service, blog, group or other organization.
Magic may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Magic has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Magic of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
REVIEWS AND SUBMISSIONS
The Site may, from time to time, offer interactive features that allow users to submit content to the Site. Magic does not and cannot review all such content, and is not responsible for such content.
It is the policy of Magic not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore, we must request that you do not send to us any original creative materials such as stories, original artwork, etc.
You acknowledge that by providing the ability to view and distribute user-generated content on the Site, Magic is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize Magic to use; (b) you hereby waive any legal rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, Magic reserves the right to block or remove communications or materials that it determines to be unacceptable to Magic in its sole discretion.
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide to Magic, including without limitation, pictures, photos, images, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and Magic shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, or create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. By submitting any user-generated content, you hereby grant Magic (1) the rights of publicity to use your name and/or likeness, and (2) sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you.
All Submissions shall automatically become the property of Magic and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant Magic the right to use the name and address that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other content by Magic will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead Magic or third parties as to the origin of any Submissions or Content. If you are not yet 18 years old, DO NOT submit such content to the Site. All content that you submit may be used at Magic's sole discretion without any obligation of confidentiality.
Magic may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason. Although Magic may from time to time monitor or review blog, discussions, chats, postings, transmissions, and the like on the Site, Magic is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Magic will fully cooperate with any law enforcement authorities or court order requesting or directing Magic to disclose the identity of anyone posting any such information or materials.
Submissions expressed on this Site are that of the individual expressing such Submission and may not reflect the opinions of Magic. Product representations expressed on this Site are that of the vendor and are not made by Magic.
You acknowledge that Magic may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, reviews, comments or other uploaded content will be retained. You agree that Magic has no responsibility or liability for the deletion or failure to store any messages, reviews, comments, pictures, photos and other communications or other content maintained or transmitted. You acknowledge that Magic reserves the right to log off, delete, or disable users' accounts that are inactive for an extended period. You further acknowledge that Magic reserves the right to modify these general practices and limits from time to time.
All text, graphics, button icons, images, pictures, video clips, audio clips, files, and software (collectively, "Content"), belongs exclusively to Magic. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Magic. All software used on this Site (the "Software") is the property of Magic or its Software suppliers. The Content, the Compilation, and the Software are all protected by U.S. and international copyright laws.
Images displayed on the Site are either the property of or used with permission by, Magic. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
TheMagiOfChic.com, The Magic Of Chic and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Magic. The use of any Magic trademark or service mark without Magic’s express written consent is strictly prohibited. You may not use any Magic trademark or service mark in connection with any non-Magic product or service or in any way that is likely to cause confusion. You may not use Magic’s trademarks or service marks in any manner that disparages or discredits Magic, TheMagiOfChic.com, Solutions by Intention, LLC or any of its subsidiaries or affiliates. You may not use any of the Magic trademarks or service marks in meta tags without the prior explicit consent of Magic.
INTERACTION WITH OTHER USERS
You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release Magic (and Magic's officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
RISK OF LOSS
The risk of loss and title for items purchased by you pass to you upon Magic s delivery of the items to the shipping carrier pursuant to Magic’s terms of sale.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, Magic may, without prior notice to you, immediately terminate this Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Magic shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site contains products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.
PRODUCT TERMS, DESCRIPTIONS, AND COLORS
Magic attempts to be as accurate as possible. However, Magic does not warrant that product descriptions or another content of this site is accurate, complete, reliable, current, or error-free. Image(s) deemed reliable; actual product may vary slightly. If a product offered by Magic itself is not as described, your sole remedy is to return it in unused condition.
Any description of products, whether in writing or made orally by Magic or Magic's agents, specifications, samples, models, bulletins, drawings, or similar materials used in connection with your order are for the sole purpose of identifying products and shall not be construed as an express warranty. Any suggestions by Magic or Magic's agents regarding use, application or suitability of the products shall not be construed as an express warranty unless confirmed to be such in writing by Magic.
The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, Magic makes no guarantees that any actual colors of products or features will be true or accurate.
Some of our products contain small at are a hazard for children under five years of age. Magic disclaims all warranties with regards to any product(s) we sell. Magic does not manufacture products that are sold on the Site, and, therefore, are not to be held accountable for any damages or injuries caused by these products.
Under circumstances, if you place an order and the item is out-of-stock, we will cancel the order and contact you via email to notify you about the cancelation.
Except where noted otherwise, the Retail Price displayed for products on this Site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Retail Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the Retail Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. With respect to items sold by Magic, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items on this Site may be mispriced. If the correct price of an item sold by Magic is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Magic reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is canceled, Magic shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall Magic be obligated to provide you the merchandise at the incorrect price.
Discounts or reduced prices through coupons or coupon code are offered on our Site for a limited time and are restricted. Prices and coupon codes that are valid on TheMagicOfChic.com reflect the most recent validity of a coupon or coupon code despite the physical presence of a coupon. As coupons and coupon codes expire and reach their restrictions or limits, they will be removed from TheMagicOfChic.com, deeming the coupon or coupon code to be no longer valid.
Please review our Coupon Policy to understand our coupon practices.
Rewards, referral credits, and other forms of virtual currency provided to you by Magic or its partners for use on the Site (collectively Rewards) are not transferable and may not be combined with Rewards belonging to others. At no time may you purchase, sell, or barter any Rewards. Rewards have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, Rewards do not constitute property, and you do not have a vested property right or interest in the Rewards. Rewards will expire 12 months from the date of issuance unless otherwise stated by Magic. We reserve the right at any time in our discretion, and without prior notice, to discontinue the Rewards program or to add or change Rewards Program Rules, terms or conditions, including changing expiration periods or Rewards values for existing or future Rewards.
DISCLAIMER AND LIMITATION OF LIABILITY
MAGIC’S PRODUCTS, ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY MAGIC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EXCEPT AS OTHERWISE PROVIDED IN POLICIES THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAGIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT AND DATA ACCURACY. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. MAGIC DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF MAGIC SERVICES AND PRODUCTS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGIC'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO MAGIC DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO MAGIC'S LIABILITY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. Magic has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. You acknowledge that Magic is not responsible for the operation of or content located on or through any such site. Your linking to any other off-site pages or other sites is at your risk.
Magic respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for making claims of copyright infringement.
You agree to indemnify, defend and hold Magic, its subsidiaries and affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. Magic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Magic defense of such claim. You agree that Magic’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Magic shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Magic may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of Magic shall be exclusive of any other whether at law or in equity, including without limitation damages, injunctive relief, attorneys' fees and expenses. No instance of waiver by Magic of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or another waiver.
Magic shall not be liable for any damage as a result of any delay or failure to deliver due to any cause beyond Magic's reasonable control, including, without limitation, any act of God, act of you as a purchaser, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, riot, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost because of the delay. Your exclusive remedy for other delays and for Magic's inability to deliver for any reason shall be cancelation of the affected order.
By visiting this Site, you agree that the laws of the State of Florida, without giving effect to any principles of conflicts of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Magic or any of its affiliates or subsidiaries.
You agree to the personal jurisdiction by and venue in the state courts in Orange County, Florida and the federal courts in the Middle District of Florida and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Magic and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
ENTIRE AGREEMENT AND SEVERABILITY
This Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces al prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing signed by an officer of Magic. If any these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
Please send any questions or comments regarding this Site to: The Magic Of Chic. 5401 South Kirkman Rd., Suite 310 Orlando, Florida 32819, USA.
You acknowledge, and you have verified that you have read and understood this Terms and Conditions Agreement and all the warnings, information, policies, and general rules that are relevant to the purchases you are making. You are responsible for any misunderstanding or mistakes that are made include, but not limited to, incorrect items, sizes, colors, models, and shipping address. You agree to pay all associated fees and charges. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES THAT YOU HAVE READ AND ACCEPT THIS ACKNOWLEDGEMENT.