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1.    Website owner, the offering, and binding of Terms

1.1       This website www.magicalpotions.au is owned and operated by Sara Cohen of Magical Potions.

1.2       This policy sets forth the terms and conditions under which the Users (‘you’ or ‘your’) may use the website (“the site”) and services/products offered by Magical Potions (we, “us” or “our”).

1.3       This website offers visitors hand crafted hair, skin, and body care.

1.4       By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms, noting however that nothing in these Terms and Conditions may limit statutory rights which you have under Australian Consumer Laws.

1.5       Any litigation, claim, arbitration, or other dispute will be dealt with through appropriate mechanisms in the State of NSW, Australia.

1.6       These Terms and Conditions were updated as of September 2022.

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2.   Scope

2.1      These terms and conditions are a formal agreement between you and us and apply to your use of our Site including the sale of Products offered on the Site to you.

2.2      By using the Site to browse, comment, place an order or buy Products from us, you will be deemed to have read and accepted all the terms and conditions contained in this agreement.  

2.3      Please also review our Privacy Policy, which is listed separately but forms an essential part of these Terms and Conditions and governs your visits to and use of the Site. 

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3.     Who can use your website; what are the requirements to create an account

3.1        To use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement.

3.2       You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

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4.     Key commercial Terms offered to customers

4.1       The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

4.2      All prices on the Site are quoted in Australian Dollar. They include GST payable but exclude delivery charges, if applicable. Delivery charges are outlines within section 7. of these Terms.

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5. Payment method and terms

5.1        All orders must be paid for as part of the ordering process. 

5.2       We accept Visa, Mastercard, Amex, and PayPal as methods of payment (hereafter referred to as” Payment Method”)

5.3       You confirm that the Payment Method account being used for payment of goods is yours or that you are authorised to use it.

5.4      Payments may be subject to validation checks and authorisation by the Payment Method provider.

5.5       If the Payment Method provider refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery.

5.6       You will need to ascertain the reason for any payment refusal directly with your Payment Method provider.

5.7       You should note that your Payment Method provider may charge you as a result of our processing your payment in accordance with your order. The Site has no responsibility for such charges.

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6.    Delivery

6.1       We will process all orders within 1-2 working days, based on the public holiday calendar for NSW.

6.2       Where there is a delay in the supply of goods, we will advise you as soon as practicable. If the goods cannot be delivered within 14 days of your order, we will notify you of this delay as soon as possible and you may cancel your order or agree an alternate delivery timetable with us.

6.3       While we typically deliver to recognised physical addresses, we can also deliver to other addresses such as PO Boxes and parcel lockers. In any case, the address must be one that our courier service providers are able to deliver to in their normal course of business. In the case of a PO Box, parcel locker or similar address being used, it is the order recipient’s responsibility to ensure the timely collection of goods. 

6.4      The delivery address that you have submitted on your order form will be used for delivery purposes. We cannot be held responsible if that delivery address as provided is incorrect.

6.5       We can only deliver to addresses within Australia. Enquiries regarding product availability in other countries can be directed to contact@magicalpotions.au

6.6      We will arrange delivery of goods through third party parcel delivery services.

6.7      Any delivery time scales quoted are indicative only.

6.8      Whilst we utilise the services of highly professional and reputable delivery companies, we do not accept any liability for delayed delivery caused by a third party or circumstances beyond our control.

6.9      Goods are made in small batches to ensure quality control and optimal shelf life for customers. Therefore, the time to produce the order may take up to 7 days.

6.10   Goods are dispatched from Sydney. As a guideline, from the time of dispatch goods should generally be delivered within 1-5 days to state capital cities, depending on location. Regional areas typically take longer. Fluctuations may apply, particularly approaching Christmas or during major disruptions such as the Covid-19 pandemic.

6.11    Consignment tracking is available at no additional cost.

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7.     Delivery Charges

7.1        Delivery is free for all orders over $125 (incl GST)

7.2       Orders up to $125 (incl GST) will be charged a delivery fee of $12.70 (incl GST)

7.3       We reserve the right to amend, suspend or cancel the terms of the free delivery arrangement at any time

 

8.     Returns and Exchanges

8.1       You must inspect all Products delivered to you on receipt, but in any event within three days of delivery to you, as determined by package tracking.

8.2       You must within four days of delivery to you notify us of any defect, shortage or other shortcoming in the goods which shall otherwise be deemed to have been delivered in accordance with your order. You may be required to provide photographic evidence in order to help us assess the matter.

8.3       Following assessment, we will replace the goods if we agree to be defective or missing.

8.4      You may otherwise exchange the item for something else, subject to stock availability, or receive a full refund of the price paid (excluding delivery charges).

8.5       The refund can only be made to the Payment Method account used when paying for the order.

8.6      We will email you when the item has been received and will inform you when the credit has been processed. This timeframe aims to be within 14 days of receipt of the goods.

8.7       No refunds will be processed before goods have been delivered back to us and inspected.

8.8      Change of mind purchases are not refundable.

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 9.    Returns Procedure

9.1    When returning goods, include your order number, full name, and reason for return.

9.2       Please ensure the goods are packed securely, safely and in their original packaging to avoid damage in transit back to us.

9.3       We cannot accept an item for refund if it has been damaged in transit to us.

9.4       We advise you to utilise a delivery service which includes tracking of parcels.

9.5       Please email contact@magicalpotions.au for the return postal address providing photos of the goods to be returned.

9.6      Items damaged after receipt or non-defective used items will not be exchanged, nor will a refund be made.

9.7       If returning items in an order where the initial order qualified for a free gift but would not have done without the returned items, the free gift must be returned in an unused condition too. In such circumstances, any items returned without the qualifying gift will not be refunded.

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 10. Title, Risk and imitation of Liability

10.1      Title of the products will be transferred to you on delivery.

10.2     Once a product has been received by you, all risk of damage to or loss of the items bought by you will pass to you.

10.3     To the full extent allowed by law you accept and agree that the website owner, Sara Cohen and any owners / associates of the Magical Potions business shall not be liable to you or to any other third party for any loss or damage (including attorneys’ fees or consequential or indirect loss or damage), loss of revenue or profits (howsoever described) whether direct or indirectly caused and arising out of your use of our website and from any product that you have purchased through the Magical Potions website.

10.4    To the maximum extent permitted by applicable law, Sara Cohen and Magical Potions assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our services and products; and any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

10.5     While we try to ensure a safe Site environment, you must take your own security precautions to ensure you are adequately protected against exposure to computer viruses, malicious code or similar occurrences when accessing the Site.

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11.     Retention of right to change offering

11.1       We may, without prior notice, change the products offered; stop providing the products for sale or any features of the products we offer; or create order limits for the products.

11.2      We may permanently or temporarily remove products without notice and liability for any reason.

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12.    Ownership of intellectual property, copyrights and logos

12.1      The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Sara Cohen.

12.2     Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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13.    Right to suspend or cancel user account

13.1      We may permanently or temporarily terminate or suspend your access to the Magical Potions website or social media accounts without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations.

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14.    Right to change and modify Terms

14.1     We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically.

14.2     Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms.

14.3     If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) to the website or the service.

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15.     Promotional emails and content

15.1   By providing us with your email address, you agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages).

15.2     If you don't want to receive such promotional materials or notices – please just notify us at any time. 

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16.    Special Provisions for the sale and redemption of Gift Cards

16.1    Where a Gift Card is purchased on the Website, the terms and conditions applicable to physical products purchased apply to these and, in addition, the following provisions are applicable specifically to Gift Cards

16.2     The Gift Card redemption code should be kept securely.

16.3     In order to make these as flexible and easy to use as possible, usage is not limited to a particular individual, and we accept no responsibility for any unauthorised redemptions of Gift Cards. 

16.4     Only Gift Cards purchased from the Website may be redeemed on the Website. 

16.5     The Website does not accept gift cards from other issuers.

16.6     Gift Cards may only be redeemed in exchange for Products sold on the Website, including any applicable delivery fees, and are not redeemable for cash

16.7     Where the value of a Gift Card is not exhausted by a purchase made on the Website, any remaining value will remain available for future purchases from the Website, using the same Gift Card code. It may not be redeemed for cash. 

16.8     Where a legitimate refund for Products purchased on the Website is approved and full or part-payment for these goods was originally made using a Gift Card, the portion of the value of the refund attributable to the Gift Card will be held as a credit against future purchases.