MAGIC JOHN´S GENERAL TERMS OF SERVICE
This website is operated by Magic John´s. Throughout the site, the terms “we”, “us” and “our” refer to Magic John´s. Magic John´s offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you 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 of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
This Agreement is effective from 4/10/2020 and continues until revoked by the Company.
1. MEMBER ACCOUNT, PASSWORD AND SECURITY
1.1 To register as a member of the Site, you must be of sound mind. By using this Site, you represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining you from availing our Services. You also agree to abide by all of the terms and conditions of this Agreement. If at any time the Company is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to become a member or that you have made any misrepresentation about your eligibility, the Company reserves the right to forthwith terminate your subscription and / or your right to use the Service, without any refund to you, for any of your unutilized subscription fee, if any.
1.2 User and Service Provider represents that they are not minors (18 or above) User and service provider agree to the following:
• Provide accurate, current, true and complete information about them while registering on our Website or App.
• Maintain and promptly update your profile and registration data to keep it accurate, true, current and complete.
1.3 Under an event of information being found incomplete, false or inaccurate, we reserve the right to delete, terminate or deactivate your account without any notification or intimation and refuse any current or future use of our Website and/or App.
1.4 When you register on our Website and/or App, you will be required to choose a username and a password. You are responsible for maintaining the confidentiality of your password and account information. You must immediately notify us of any unauthorized use of password or account or any other security breach.
1.5 You are liable for maintaining the confidentiality of any login information associated with any account you use to access the Services or resources, and thus you are also responsible for all activities that occur on your account. You will be solely responsible for any consequences, losses, or damages that the Company may directly or indirectly incur or suffer due to any illegal or unauthorized activities conducted by you or person engaged by you.
1.6. Since the Services require user and service provider to open an account, you must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that user may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using user’s account or password.
2. PAYMENT SECURITY
2.1 The Site has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honoured. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.
2.2 Since this is an intermediary and an ‘information only site’, we do not guarantee your e-commerce transactions to be entirely safe and secure. When you place orders through our website or online payment gateway service providers (“OPGSPs”), listed on the Site, you must ensure that you agree to the terms and conditions of the said OPGSPs agreement. The Company shall not be liable should there be a discrepancy in refund, loss or misuse of credit card details, hacking of sensitive monetary information.
Users can place orders via this website (e.g. daily menu). The presentation of such order options does not constitute a binding application to constitute a purchase contract. Rather, it is a non-binding invitation to place orders. By activating the “place order” button, the buyer submits a legally binding purchase offer (§145 BGB). Magic John´s confirms to the buyer that he has received the order (Eingangsbestätigung / Confirmation of receipt). A purchase contract for the order is only concluded once Magic John´s confirms acceptance of the contract or sends the goods.
4. PRICES / RESERVATION OF OWNERSHIP
4.1 Unless otherwise stated in writing, the prices quoted by Magic John´s on the website are inclusive of VAT and any other applicable taxes.
4.2 The delivered goods remain the property of Magic John´s until they have been paid for in full.
5.1 Magic John´s will ship the goods within the period specified on our website.
5.2 The prerequisite for the dispatch of goods is the full payment of the invoice amount. Unless otherwise agreed, the goods are delivered to the address specified by the user.
5.3. Magic John`s reserves the right to limit delivery zones to certain areas.
5.4. The buyer is responsible for receiving the delivery at the specified delivery address at the time frame provided with the order. The Customer agrees to accept delivery of the products at the agreed time and place of delivery. If the customer is not present to take delivery of the goods at the address given in your order, then Magic John´s will not refund you the price for your order and will charge you for the full amount.
5.5. Magic John´s assumes no quality guarantee or other guarantees. The customer will check the goods upon delivery for external damage and obvious errors and, if necessary, complain immediately. If damage and / or losses occur during transport, the driver will inform the customer immediately and directly. If the delivered goods are defective, the customer can request a new delivery. If the new delivery fails, the customer can withdraw from the purchase contract and claim a refund. Further claims of the customer - for whatever legal reasons - are excluded, unless stated otherwise below.
6. MODIFICATIONS AND LIMITATIONS TO THE SERVICE AND PRICES
6.1.Prices for our products are subject to change without notice.
6.2.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
6.3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6.4. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
6.4. Products are subject to availability. If products are not available, Magic John´s may offer a reasonable substitute of equivalent quality and price.
6.5 From time to time, products may be subject to special offers. Any special offers shall be subject to these Terms and Conditions which will prevail if there is inconsistency between the terms of the special offer and these Terms. Magic John´s may change the terms of special offers or withdraw them at their discretion but will honour any order placed by the customer before the offer is withdrawn subject always to manifest technical errors. All deals are valid within the promotional period, are subject to change or withdrawal and are not valid in conjunction with other offers, unless otherwise stated
7. DISCLAIMER AND LIABILITY
7.1 User and service provider expressly agree that use of Services is at their sole risk. Neither the Company its affiliates nor any of its respective employees, agents, service providers, third party agents warrant that the Company’s Services will be uninterrupted, faulty or error free. The Company makes no representations about the accuracy of the information contained in the material provided and graphics on this Website for any purpose. The Company hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for any particular purpose, title and non-infringement. In no event, shall the Company be liable to any party for any direct, indirect, special or other consequential damages for any use of the Services, the information, or on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if the Company is expressly advised of the possibility of such damages. The Company is not responsible for any incorrect or inaccurate content provided to the user or service provider whether on the Site or otherwise. The user and service provider must use its discretion before availing Services of the Company.
7.2 User and service providers agree and assure to not hold the Company, its employees, agents, directors, officer bearers, managers, investors, donors, and licensors responsible, for and against all losses, whether financial, intellectual, mental, physical (including misuse of debit / credit card and online banking facilities) or otherwise, expenses, damages and costs, including reasonable attorneys’ fees, resulting from use of the Site or Services. Despite regular controls the Company is not liable for any mishap or misuse of financial or personal information of the service provider. We reserve the right to be indemnified for the above mentioned. In such event, user shall provide us with such cooperation as is reasonably requested by us.
7.3 The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and Subscribers or to any other person’s computer related to or resulting and/or in connection with the Company’s service. The Company expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any content of study material made available to subscribers.
7.4 The Company does not warrant or guarantee that the information contained on the Site is accurate or complete, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omission, whether such errors or omissions result from negligence, accident or any other cause. Before availing Services, user discretion is advised. The Company further assumes no liability for the interpretation and/or use of the information contained on this Site, nor does it offer a warranty of any kind, either expressed or implied. Also, we do not guarantee that the use of our Services, resources and/or information provided on the Site will meet your needs or requirements. We do not also guarantee that the information obtained by using our Services will be accurate.
7.5 The Company makes no commitment to update the information or materials on this Website which, as a result, may be out of date. Neither us, nor our officers, directors, employees, agents or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information provided by us. The Company reserves the right to revise these terms at any time. User is responsible for reviewing this page from time to time to ensure compliance with the then current terms and legal restrictions because they will be binding upon them.
7.6 Force majeure: the Company will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, pandemics, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the Company within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
8.1 User and service provider shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Website and all charges related thereto shall be borne by the concerned parties.
8.2 The Company will not be liable and you agree not to claim for any direct, indirect, incidental, exemplary or consequential loss or damages which may be incurred by user or service provider as a result of using our Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent, and that in such conditions limitation of liability laws and clause apply.
9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
9.1 Users expressly agree that use of the Website / App is being used at his / her sole risk. Neither us nor our affiliates, employees, directors, partners, agents, third party content providers or licensors warrant that the Website / App will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Website / App, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website / App.
9.2 The Website / App is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
9.3 Notice of liability: despite regular controls we are not liable for any negligence at our hands, should one occur. The said user is himself fully responsible for his / her respective usage.. Please contact us if you notice pages with illegal or immoral content. The legal information in this Agreement also applies to our social media outlets, such as Facebook, Google+, Twitter, LinkedIn and the like.
9.4 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that we are not liable for defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
9.5 In no event will we or any person or entity involved in creating the Website and Mobile Application be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Website / App. User hereby acknowledges that the provisions of this section shall apply to all content on the Site and our Mobile Application.
9.6 In addition to the terms set forth above neither we nor our affiliates, suppliers or vendors shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of the information contained within the Website / App, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
9.7 Disclaimer of Content: Every effort has been made to ensure that the information contained in this Site / App is accurate and true. The content of the Site / App is believed to be correct at the time of compilation. However, the Company makes no representations or warranties about the content and suitability of the information contained herein for any purpose. The Company, its servants, agents and employees disclaim all liability for the accuracy, completeness, or usefulness of any information, apparatus, products or process disclosed and for any error or omission therein.
10.1 You may view, download and copy information and materials available on this Website solely for your personal, non-commercial use. Even though the Company does everything in its hand to protect both your information and financial transaction details, the Site is not liable for any fraud, theft or financial misdemeanor that may occur as a result of your financial transactions on out Site.
10.2 In addition to other prohibitions as set forth in the Terms of Service, you are 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 our 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 that will 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. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
11.1 All comments, feedback, information or materials submitted to the Company through or in association with our Website shall be considered non-confidential and Company’s property. By submitting such comments, information, feedback, or materials to us, you agree to a no-charge assignment to the Company of worldwide rights to use, copy, modify, display and distribute the submissions. The Company may use such comments, information or materials in any way it chooses in an unrestricted basis. Users are welcome to provide candid feedback to us.
12. GENERAL PROVISIONS AND TERMINATION
12.1 If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the Site.
12.2 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Federal Republic of Germany excluding UN - Sales law (CISG).
13. CHANGES TO TERMS OF SERVICE
13.1 You can review the most current version of the Terms of Service at any time at this page.
13.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com.