TERMS & CONDITIONS

Terms of Acceptance

All sales of goods manufactured or supplied by Seller ("Goods"), Shall be subject to these terms & conditions. Acceptance of buyer's order for such goods by seller is expressly limited to the terms and conditions contained herein and on the face hereof. Seller hereby objects to any different or additional terms which may appear on any form of buyer, or any alterations in the terms and conditions of this document, unless expressly agreed to in writing by Seller. With respect to buyer's offer to purchase the goods, this document shall not operate as an acceptance of buyer's offer, but rather shall be deemed to be a counter-offer.

By visiting Sellers site, Buyer's delivery of an acknowledgment of these terms, or acceptance of the Goods, and/ or purchasing something from Seller, whichever occurs first, Buyer engages in our “Service” and agrees to be bound by the following terms and conditions (“Terms of Service”, "Terms", “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, and shall constitute Buyer's consent to the terms hereof. In the event of any conflict between the terms set forth herein and the face hereof, the latter shall control.

The term "Buyer" in these Terms and Conditions applies to all users of the site, including without limitation to users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms and Conditions carefully before accessing or using Sellers website. By accessing or using any part of the site, the Buyer agrees to be bound by these Terms and Conditions. If the Buyer does not agree to all the terms and conditions of this agreement, then the Buyer may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. Buyer can review the most current version of the Terms and Conditions at any time on this page. Seller reserves the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to Sellers website. It is Buyers responsibility to check this page periodically for changes. Buyer's continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

 

General Conditions

Seller reserves the right to refuse service to anyone for any reason at any time.

Buyer understands that the Buyer's content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Buyer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Seller.

 

Deliveries

Shipments will be made as nearly as possible in accordance with dates specified by Seller's acceptance of order, subject to any or all causes beyond Seller's control.  For more details, please review our Shipping Policy.

 

Returns and Claims

Seller warrants these products to be free from defects in material and workmanship at time of shipment, and for a period of 30 days thereafter, and shall correct defects by replacement or (at Seller's option) refund of the purchase price.  All merchandise delivered may be returned within 14 days from the date of delivery, and must be authorized in writing by Seller. Unauthorized returns will be refused. A Returned Goods Authorization number (RGA) must be clearly marked on all returned items. RGA's expire 30 days after the date of issuance. Once the RGA expires, Seller will not accept returns. All returned items must be sent back to us unopened, unused and in their original condition, and will be subject to a restocking fee. Order cancellations prior to shipment will be refunded less any initial transaction fees. For more details, please review our Return Policy.

 

Online Store Terms

This website is operated by Seller. Seller offers this website, including all information, tools and services available from this site to the "Buyer", the user, conditioned upon Buyer's acceptance of all terms, conditions, policies and notices stated here. By agreeing to these Terms and Conditions, the Buyer represents that they are at least the age of majority in their state or province of residence, or that they are the age of majority in their state or province of residence and they have given the Seller their consent to allow any of their minor dependents to use this site. Buyer may not use the Seller's products for any illegal or unauthorized purpose, nor may Buy, in the use of the Service, violate any laws in their jurisdiction. Buyer must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms and Conditions will result in an immediate termination of Buyer's Services, and potential legal ramifications and punitive damages.

 

Accuracy, Completeness and Timeliness of Information

Seller is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at Seller's own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for Buyer's reference only. Seller reserves the right to modify the contents of this site at any time, but Seller has no obligation to update any information on the Seller's site. Buyer agrees that it is the Buyer's responsibility to monitor changes to Seller's site.

 

Modifications to the Services and Prices

Prices for Seller's products are subject to change without notice. Seller reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Seller shall not be liable to Buyer or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. Seller has made every effort to display as accurately as possible the colors and images of Seller's products that appear at the store. Seller cannot guarantee that Buyer's computer monitor's display of any color will be accurate. Additionally, the Buyer accepts that each product is unique, certain alloys are sensitive to oxidation (color and finish may change over time), and discoloration when exposed to certain chemicals, and discretion should be used in their application. Seller reserves the right, but is not obligated, to limit the sales of Seller's products or Services to any person, geographic region or jurisdiction. Seller may exercise this right on a case-by-case basis. Seller reserves the right to limit the quantities of any products or services that Seller offers. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of the Seller. Seller reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Seller does not warrant that the quality of any products, services, information, or other material purchased or obtained by Buyer will meet Buyer's expectations, or that any errors in the Service will be corrected.

 

Accuracy of Billing and Account Information

Seller reserves the right to refuse any order Buyer places with Seller. Seller may, in Seller's sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that the Seller makes a change or cancels an order, Seller may attempt to notify Buyer by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Seller reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Buyer agrees to provide current, complete and accurate purchase and account information for all purchases made at Seller's store. Buyer agrees to promptly update Buyer's account and other information, including Buyer's email address and credit card numbers and expiration dates, so the Seller can complete Buyer's transactions and contact Buyer as needed.

 

Optional Tools

Seller may provide Buyer with access to third-party tools over which Seller neither monitors nor has any control nor input. Buyer acknowledges and agrees that the Seller provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Seller shall have no liability whatsoever arising from or relating to Buyer's use of optional third-party tools. Any use by Buyer of optional tools offered through the site is entirely at Buyer's own risk and discretion and Buyer should ensure that the Buyer is familiar with and approves of the terms on which tools are provided by the relevant third-party provider(s). Seller may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

 

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct Buyer to third-party websites that are not affiliated with Seller. Seller is not responsible for examining or evaluating the content or accuracy and Seller does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Seller is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure Buyer understands them before Buyer engages in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

User Comments, Feedback and Other Submissions

If, at Buyer's request, Buyer sends certain specific submissions (for example contest entries) or without a request from Seller the Buyer sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), Buyer agrees that Seller may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that Buyer forwarded to Seller. Seller is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. Seller may, but have no obligation to, monitor, edit or remove content that Seller determines in the Seller's sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. Buyer agrees that Buyer's comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. Buyer further agrees that Buyer's comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. Buyer may not use a false e-mail address, pretend to be someone other than themselves, or otherwise mislead Seller or third-parties as to the origin of any comments. Buyer is solely responsible for any comments the Buyer makes and their accuracy. Seller takes no responsibility and assumes no liability for any comments posted by Buyer or any third-party.

 

Personal Information

Buyer's submission of personal information through the store is governed by Seller's Privacy Policy.

 

Errors, Inaccuracies and Omissions

Occasionally there may be information on Seller's site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Seller reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after Buyer has submitted their order). Seller undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, 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.

 

Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, the Buyer is prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Seller's intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way, including that which will or may affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Seller reserves the right to terminate Buyer's use of the Service or any related website for violating any of the prohibited uses, and seek all legal remedies and punitive damages.

 

Disclaimer of Warranties; Limitation of Liability



Products are sold with the express understanding that Buyer has read and understood the terms & conditions of sale set forth above, examined and tested the products before use or application, has independently determined the suitability of the products for his/her purposes, and resumes all risks, danger, costs and liabilities in connection therewith. In no case shall Seller, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, physical and/or mental injury, lost profits, lost revenue, lost capital, lost savings, loss of data, replacement costs, or any similar damages, to Buyer, or any other person or third-party, whether based in contract, strict tort (including negligence), strict liability or otherwise, arising from Buyers use of any of the Service or any products procured using the Service, or for any other claim related in any way to Buyer's use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, used, or otherwise made available via the service, even if advised of their possibility. Seller does not guarantee, represent or warrant that Buyer's use of Seller's Service will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from the use of the Service will be accurate or reliable.

THE REMEDIES OF BUYER SET FORTH HEREIN ARE EXCLUSIVE, and THE TOTAL LIABILITY OF SELLER with respect to any contract or anything done in connection therewith, such as the performance or breach thereof, or from the manufacture, sale, delivery, resale, or use of any products, whether arising out of negligence, contract, strict tort, or under any warranty or otherwise, shall not exceed the purchase price of the products, upon which liability is based. By receiving, and/or using these products, Buyer consents to the foregoing and agrees to accept these terms and conditions of sale even if they differ from the terms and conditions stated on Buyer's purchase order or any other document. No waiver, alteration, additions, or modifications of the foregoing terms and conditions shall be valid unless made in writing and manually signed by all parties.  THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS OR IMPLIED. No agent or representative is authorized to give any guarantee or make any statement contrary to or inconsistent with this warranty. Buyer agrees that from time to time the Seller may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to Buyer. Buyer expressly agrees that Buyer's use of, or inability to use, the Service is at Buyer's sole risk. The Service and all products and services delivered to Buyer through the Service are (except as expressly stated by Seller) provided 'as is' and 'as available' for Buyer's use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, other than those stated in this agreement.

 

Indemnification

Buyer agrees to indemnify, defend and hold harmless Seller and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Buyer's breach of these Terms and Conditions or the documents they incorporate by reference, or Buyer's violation of any law or the rights of a third-party.

 

Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Entire Agreement

The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by Seller on this site or in respect to the Service constitutes the entire agreement and understanding between Buyer and Seller and govern Seller's use of the Service, and products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between Buyer and Seller (including, but not limited to, any prior versions of the Terms and Conditions).  Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

 

Governing Law

These Terms and Conditions and any separate agreements whereby Seller provides Buyer Services shall be governed by
and construed in accordance with the laws of California and Buyer irrevocably submits to the exclusive jurisdiction of the courts in that State or location.

 

Changes to Terms and Conditions

Seller can review the most current version of the Terms and Conditions at any time at this page. Seller reserves the right, at Seller's sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is Buyer's responsibility to check Seller's website periodically for changes. Buyer's continued use of or access to Seller's website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

Costs of Enforcement

Not withstanding any other provision set forth in this Agreement, in the event that the purchaser does not meet the conditions and/or payment obligations set forth in this agreement. Buyer agrees to reimburse Seller for all out of pocket expenses and legal costs incurred to enforce such conditions or payment obligations, including but not limited to collection agency costs, attorneys fees, filing fees, detective agency fees, and accounting fees. Such costs shall be in addition to whatever other legal remedies or damages Seller may be entitled to under the law and pursuant to the terms of this Agreement.

 

Contact Information

Questions about our Terms & Conditions should be sent to support@magapancakes.com.