Terms & Conditions of Sales
Last Updated: January 25, 2013
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT APPLY TO THE PURCHASE OF PRODUCTS SOLD THROUGH MAGIC-FLIGHT.COM (“SITE”). YOU AGREE THAT BY USING THE ONLINE RETAIL CART SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
By placing an order for products through Site, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not order products from Site. These terms and conditions are subject to change at any time by Magic-Flight General Manufacturing, Inc. (referred to as “Magic-Flight,” “we,” “us,” or “our”) without prior notice. Changes to the Terms will be published on Site and you are advised to regularly review these Terms for modifications.
Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your online order to accept, decline, or limit your order for any reason, whether or not your credit or debit card has been charged. If your credit or debit card has been charged and your order is canceled, you will receive a prompt refund credit to your account.
Once an order has been placed, it cannot be cancelled unless shipment is unavoidably delayed. In this case, we will do our best to cancel the order upon request.
Payment Terms and Sales Tax
Terms of payment are within our sole discretion. Unless otherwise agreed by us in writing, payment must be received prior to our acceptance of an online order.
We accept credit and debit cards (without the use of pins) for all purchases. By submitting your credit or debit card online through our retail cart services, you represent and warrant as follows: (i) you are authorized to use the credit or debit card submitted for charges, (ii) the credit or debit card information you supply to us is true, correct and complete, (iii) charges incurred by you will be honored by your credit or debit card company, (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and other costs, if any, and (v) you will enter true, correct and complete billing address information. In the event of a payment default, you will be responsible for all of our fees and costs of collection, including court costs, filing fees and attorney's fees and costs.
All sales, use or other applicable tax, applicable fees or assessments are based on product and shipment destination. You are responsible for all state taxes, Value Added Tax, duties and all other delivery costs that may be charged by the shipping company or the customs service in your country.
Product and Pricing Changes
We are constantly updating and revising our offerings of products and we may discontinue products at any time without any notice. All pricing for products on Site is subject to change. We reserve the right to make adjustments to prices at our discretion.
Shipping Policy and Risk of Loss
We will arrange for shipping and you are responsible for all shipping charges. Shipping charges are calculated by shipment weight and shipment destination. You remain responsible for shipping costs for any undeliverable or returned product. Risk of loss will pass to Buyer once we deliver the product(s) to shipping carrier.
All online orders shipped to destinations within the continental United States are shipped using United Parcel Service (“UPS”). UPS does not delivery on Saturdays.
Shipments to Alaska, Hawaii and to international locations are made using United States Postal Service (“USPS”) Priority Mail International or USPS Express Mail International. International customers can expect a delivery average of 7-10 business days with USPS Express Mail International and 10-30 days from USPS Priority Mail International. Estimated international delivery dates include customs clearance timeframes.
You are responsible for assuring that products to be purchased can be lawfully imported to the destination country. Upon ordering and electing an international shipping destination, you become the importer of record and you are responsible for complying with all laws and regulations of the destination country. For customers shipping products internationally, note that cross-border shipments are subject to inspection and delays by customs and/or postal authorities.
We offer upgraded shipping options including UPS 2nd Day Air. This shipping option arrives two (2) business days following the order processing day. Shipping time frame is contingent upon credit card or debit card approval and may be delayed should we experience difficulties in obtaining authorization. UPS does not deliver on Saturdays.
If an item is damaged or missing from your shipment, contact us within one (1) week of receiving the order.
You accept these shipping terms by placing an order with us.
Discreet Shipping Option
Discreet shipment labeling is available by request. Select “discreet shipping” upon checkout for this option.
Unopened or unused items are eligible for returns. Returns for unopened or unused items will be assessed a 10% restocking fee, and must be authorized by us for return. Unauthorized returns will be rejected. Authorized returns must be received within fourteen (14) days of order date and include a copy of your original order receipt. You are responsible for paying all return shipping costs. Failure to return a product within the applicable fourteen (14) day period will be deemed your acceptance of the product.
We do not accept returns or issue refunds for any used or open product unless the product is found incomplete or defective.
Inspection and Acceptance
It is your responsibility to promptly inspect the shipped product upon receipt. If any product is found incomplete or defective, notify us immediately to authorize a return. Authorizations for returns are issued at our sole discretion and may require additional details from you including descriptions, photographs, and other information.
Representations and Obligations
By submitting your purchase order online through Site, you represent and warrant as follows: (i) You are at least twenty-one (21) year of age, (ii) the product is known to be legal for the location where use will be made, (iii) products purchased from Site are for your own personal use at the place of shipment and delivery, (iv) all products purchased through Site, including vaporizing devices, supplies and accessories, will only be used for lawful purposes as intended by Magic-Flight, (v) you agree to use product as instructed in product instructions and at your own risk, and (vi) you understand Magic-Flight is not responsible for any misuse of the products sold through Site.
Magic-Flight represents and warrants as follows: (i) We hold all rights and powers to sell products sold through Site, (ii) products sold through Site are of good quality and merchantable, (iii) products offered through Site are warranted according to the terms of our Warranty Policy, and (iv) we will use good faith efforts to keep Site current and active.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-processing of an order, non-delivery or delay in delivery of products available through Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, unsecure internet access, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control.
Goods purchased from Site carry a warranty as described in our Warranty Policy and any product requiring warranty services is dependent upon our Warranty Policy. View our complete Warranty Policy for details. Our Warranty Policy is expressly incorporated into this Agreement by this reference.
Products sold are warranted and serviced based on a unique serial number etched onto the surface of each product. You are advised to keep this serial number private and out of the view and reach of others to maintain your product warranty under our Warranty Policy.
Privacy and Customer Information
Products sold on Site, specifically herbal vaporizers, are for recreational purposes and are not medical devices. Our products are intended for vaporization of legal herbs, tobacco products and aromatherapy only, and are not intended for use with any illegal substances. By ordering through Site, you confirm your understanding of this statement.
Vaporizing includes the process of inhaling active ingredients in herbs. Please consult your physician prior to using a vaporizer or other products sold through Site. Some users may experience an allergic reaction or other side effects of aromatherapy vapors. If you experience any allergic reaction or other adverse effect, discontinue use and contact your doctor.
All content on our site such as text, graphics, logos, button icons, images audio clips, video clips and downloads is the property of Magic-Flight, and is protected by United States and international copyright laws.
In addition to the protection of our copyright under United States and international copyright laws, our graphics, logos, fonts, colors, names included on the site and out products are trademarks and trade dress of Magic-Flight in the United States and other countries. Magic-Flight’s trademarks and trade dress may not be used in connection with any product or service that is not Magic-Flight’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Magic-Flight.
This site is controlled by us within the State of California, United States of America. It can be accessed domestically and internationally. By accessing Site, you agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles, will apply to all matters relating to the use of Site and the purchase of products available through Site. The Uniform Commercial Code as adopted by the State of California, and not the United Nations Convention on Contracts for the International Sale of Goods, or other treaty or convention, shall apply to international sales.
By purchasing products through Site, you agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Diego County and the United States District Court for the Southern District of California.
These terms and conditions constitute the entire agreement and understanding between us concerning the sale of products on Site and supersedes all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with Site is in conflict or inconsistent with these Terms, these Terms shall take precedence. In the event any section or portion of a section of these Terms are deemed invalid or unenforceable, that section or portion of a section shall be stricken and the remaining Terms shall continue in full force and effect.
If you have any questions concerning our Terms, please contact our customer service department for clarification at: http://www.magic-flight.com/contact.php.