TERMS AND CONDITIONS FOR PURCHASE THROUGH OUR WEBSITE
By purchasing from this site, you accept all Terms and Conditions.
The terms and conditions of sale (“Terms”) set forth herein shall be deemed incorporated into the order confirmation, as the case may be, and shall constitute the agreement by and between Magination AS (“Seller”, “Magination” or “We”) and the party who is identified as the purchaser of any products (“Product”) on the order acknowledgement/confirmation (“Customer” or “you”). Acceptance of the goods specified in the order confirmation shall constitute acceptance of the terms and conditions listed regardless of whether Customer has signed or acknowledged the Agreement herein.
Customers that want to purchase Products may do so by clicking on the “buy now” (or similar) button on the Magination website and follow the instructions. Once an order is placed Magination will confirm it by sending an order confirmation (“Order Confirmation”) to Customer’s email address. Magination is not bound to sell any Product until an Order Confirmation has issued and payment has been processed. The Order Confirmation will contain information regarding the ordered quantity, their price, and the estimated shipment date. Our acceptance of your order is expressly conditioned upon your unconditional acceptance of these Terms. We do not accept any changes to or rejections of the Terms that you communicate to us in any form, all will be null and of no effect.
Customer may cancel an order any time before the purchased Product ships and, if payment has already been processed, receive a full refund.
SHIPMENT AND DELIVERY
Customer is responsible for all freight, packing, insurance and shipping-related costs that are noted or referenced on Customer’s screen before a purchase is made. Once the Product is sent to the carrier, ownership of the Product and the risk of that Product’s loss passes to Customer. Magination may provide a single or multiple shipping methods and carriers for Product delivery at its discretion. Customer understands that all estimated and scheduled shipment dates are estimates only. Magination will make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent. If Customer purchases multiple Products, we may fulfill the order in installments and charge Customer separately for each installment. We have the right to allocate our available inventory of the Products among other purchasers in such manner as we see fit. If we’re not able to charge your chosen payment method or you otherwise fail to pay for your purchase, we have the right to delay or suspend shipment of Products. Customer shall pay any and all shipping, transportation, freight, rigging, delivery and/or drayage costs, as well as any and all other costs associated with the shipping and/or delivery of the Products purchased pursuant to this Agreement.
PRODUCT PRICE AND TAX
The prices for the Products will be as specified during the online order process and the order confirmation you will receive. Prices are in US dollars with separate subtotal for all applicable sales taxes that you agree to pay by ordering the Product. Customer is responsible also for any other taxes applicable to the purchase, including import taxes and fees in the country where Customer asks Magination to ship the Products.
Payment of the purchase price and all sums due to Seller shall be made in full pursuant to the terms herein without any deduction, credit or offset. Customer’s failure to pay the full amount when due, without deduction, offset or credit, shall be a material breach of the Agreement.
The Customer certifies that they are 18 years of age and understands that NdFeB magnets and all Products purchased from Magination can be very dangerous. Customer shall and does hereby agree to defend, indemnify and hold Magination, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless of and from any and all liability loss, cost, injury, damage, demand and expense (including, without limitation, reasonable attorneys’ fees) of any kind whatsoever arising out of, on account of, or in connection with a breach of this Agreement and/or any use or misuse of the Products. This indemnity shall not be affected or terminated by reason of the termination of this Agreement or purchase, for any reason, with respect to all or any part of the Products.
PRODUCT WARRANTY AND RETURN
You agree to read, and abide by any written instructions shipped with your Product and all safety precautions contained therein. If you do not understand any part of any of these instructions or the functionality of Product, you may view the FAQ on our website or contact us at firstname.lastname@example.org.
30-DAY WORRY FREE GUARANTEE
If you purchased your Product directly from our website www.maginationgame.com and you are unsatisfied with your purchase for any reason, you may return the Product to us for a full refund or exchange within thirty (30) calendar days from delivery of the Products, in its original box, packing material, and in resalable condition, for a full refund of the purchase price (shipping, insurance and handling are not refundable). If you request a refund under this section, your payment method will be credited upon our receipt of the returned Product. If you request an exchange, Magination will pay for shipping of the new Product sent to you. Returned orders must be accompanied by all FREE items which may have been included with the order – any missing items will be deducted from the refund amount based on the items value as stated on the website. Damaged or missing goods not in original shipped condition will be deducted from the refund total. Please note that this guarantee ONLY applies to orders placed on our website and only to the original purchaser. Customer’s failure to return any Products within the thirty (30) days constitutes unequivocal acceptance of the Products. Custom magnets and items sold as “clearance” or “liquidation” are non-refundable. Customer must request a Return Merchandise Authorization (RMA) number before returning package by emailing email@example.com or the return package will be rejected.
RETURN OF PRODUCTS
You must obtain a Return Materials Authorization (“RMA”) number from us prior to returning any Products to us under this warranty or the 30-Day Worry Free Guarantee. You agree to pack the Product that you are returning under the 30-Day Worry Free Guarantee, carefully and return it to us, freight prepaid, together with the RMA. The returned Product must be in the original package and free of any defect or damage caused by shipping. If we reasonably determine that the Product you returned is not defective or does not fall within the 30-Day Worry Free Guarantee, we will contact you and will arrange for reshipment to you at your cost, plus a handling fee equal to 15% of the Product purchase price. If you decline to pre-pay such shipping and handling costs, we are under no obligation to return such non-defective Product to you.
Through our 30-Day Worry-Free Guarantee you can only make returns as follows:
- Before requesting an RMA, please contact our customer support by clicking on Contact Us on our website.
- If we are unable to solve your problem via email, please request an RMA number. If our customer support determines that you are within your 30-Day Worry Free Guarantee or that your problem qualifies under warranty coverage you will be issued an RMA number.
- Package Products along with a copy of the RMA form.
- Write the RMA number on the outside of the box and send it to the appropriate address based on your specific location. Please do not hand-deliver your product to the addresses provided, even if you are local. These locations are not set up to receive visitors.
In the event an item is listed at an incorrect price due to a typographical error, Magination shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Magination retains the right to refuse or cancel any such orders whether or not the order has been confirmed or the credit card has been charged. If a credit card has already been charged for the purchase and the order is canceled, Magination shall issue a credit to your credit card account in the amount of the incorrect price.
LIMITATIONS OF LIABILITY
SUBJECT TO OUR WARRANTY PROGRAM, THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK, AND IN NO EVENT WILL MAGINATION BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT MAGINATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND MAGINATION HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL MAGINATION’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO MAGINATION BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
These Terms and any action related thereto will be governed by Norwegian laws without regard to its conflict of laws provisions. For any dispute, claim or controversy with Magination arising out of or relating to these Terms or the use of the Product (collectively, “Dispute”), you agree to first contact us and attempt to resolve the Dispute with us informally. In the unlikely event that Magination has not been able to resolve a Dispute with you after 30 days, you and Magination agree that it shall be settled by binding arbitration, except that each party retains the right:
(i) to bring an individual action in small claims court and
(ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”); and
(iii) you retain the right to litigate any Dispute other than an IP Protection Action by providing Magination with written notice of your desire to do so by email or regular mail within thirty days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Magination with an Arbitration Opt-out Notice within the 30-day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Magination with an Arbitration Opt-out Notice, will be the courts located in Norway and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Magination with an Arbitration Opt-out Notice, you acknowledge and agree that you and Magination are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Magination otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. If Magination changes this “Dispute Resolution” section after the date on which you placed your order for a Product, you may reject any such change by sending us written notice within 30 days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Magination in accordance with the provisions of this Dispute resolution section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
This Agreement constitutes the final and entire agreement among the Parties with respect to the subject hereof. Any statement of Seller, Seller’s sales representative, or any agent of seller or any different or additional terms and conditions of other order form(s) submitted by Customer respecting the Products or the order shall be given no force or effect unless it has been accepted and signed by Seller’s authorized representative.
Extreme care must be exercised when using or handling magnets and the Products. The Products are not toys and improper operation may cause serious injury and property damage. Keep away from mouth, animals and children who does not understand the dangers. Not suitable for children under 14 years. This product contains small magnets. Swallowed magnets can stick together across intestines causing serious injury or death. Seek immediate medical attention if magnets are ingested. Do not use sharp metal objects to open packaging; cutting utensils may get out of control if they are made of ferrous metals. Always keep Product away from TVs and laptops, computer hard drives, credit and ATM cards, data storage media, mechanical watches, hearing aids and speakers as they could cause damage. PEOPLE WITH PACEMAKERS MUST ABSOLUTELY NOT BE ANYWHERE NEAR A MAGNET LET ALONE HANDLE THEM. If you or someone in your household has a pacemaker, please ask your doctor about possible risks before purchasing these magnets.
These Terms constitute the entire and exclusive understanding and agreement between you and Magination regarding the purchase of a Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us regarding such a purchase. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Magination’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Magination. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms and Conditions were last updated May 11, 2017