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  Terms & Conditions

Purchasing a Product on Energy Magic

Users can purchase products on the Energy Magic website using the PayPal system. The price you pay is fixed at the time of ordering.

You may not cancel an order once it has been submitted.

It is the customer’s responsibility to ensure the product delivery address is correct. Energy Magic takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.

Energy Magic may cancel orders

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. We reserve the right to cancel an order in that event.

We may also cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law.

We may cancel an order even if it has been confirmed and the customer’s credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately credit the customer’s PayPal account for the amount in question.

Delivery

Delivery will be made by postal or courier service and will be paid for by the customer at the price indicated at time of purchase. Energy Magic will also charge a handling fee, which will vary depending upon the size and price of the product.

Damaged Goods

If a product is delivered to a customer that is physically damaged in some way Energy Magic will happily issue a replacement copy of the product.

Please email Energy Magic customer service within 14 days of receiving the product to tell us about the nature of the damage and to arrange for a new product to be sent to you at our cost.

Disclaimer

We do not represent or guarantee that the Energy Magic service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Energy Magic service or these websites will be uninterrupted.

You acknowledge that the Energy Magic service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

  1. if the breach relates to goods:
    • the replacement of the goods or the supply of equivalent goods;
    • the repair of such goods;
    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • the payment of the cost of having the goods repaired; and
  2. if the breach relates to services:
    • the supplying of the services again; or
    • the payment of the cost of having the services supplied again

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Indemnity

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of this agreement; and/or (ii) your activities in connection with the website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.