1.1: In these terms and conditions: "Magic Streetwear", "we", "our" and "us" means Magic Streetwear owned by Maxis Business Services Ltd, whose registered office is at Unit 1, Lister Mills, Heaton Road, Bradford, BD9 4SH. "User" and "you" means any user of the website including any user who makes a purchase through the website (a "Buyer").
2. Formation of Agreement
2.1: An agreement governing your use of the Website, all stages of the process and our sale of goods when we receive confirmation of your order is made on the basis of these terms and conditions. (This agreement between us is referred to in these terms and conditions as this "Agreement".)
2.2: Buyers must be over the age of 18 years old and have full legal capacity.
2.3: We reserve the right to modify this agreement; the terms and conditions in force at the time an order is confirmed will govern any particular order. We will keep a record of terms and conditions and dates of any changes made and we recommend that you print a copy of these terms and conditions by clicking on the 'Terms & Conditions' link at the bottom of the page.
3.1: Before you start to navigate through the Website, you will be required to complete the online registration form to become a registered member in order to make purchases from the online shop.
4. Placing an Order
4.1: To place an order, you should select the required item(s) and add to the basket by clicking on the 'Add to Basket' link. You can review the selected item(s) at any time by clicking on the 'My Basket' link and then continue shopping by clicking on the 'Continue Shopping' link. Once you have completed your shopping, please click on the 'Check Out' link.
4.2: You must confirm your delivery address to access the purchase order, which contains a summary of the information related to the item(s) ordered, quantity, price, total and your other details along with the delivery address. It is your responsibility to notify us if any of the information is incorrect as soon as possible.
4.3: Each order constitutes a separate transaction and we are not able to consolidate separate transactions into a single order or delivery. If you would like to order multiple items for delivery at the same time, you must ensure that all of these appear on the order before you confirm.
4.4: Orders shall be accepted at our sole discretion but are normally accepted if the item(s) is/are available, the order reflects current pricing, you are based in the United Kingdom or the Republic of Ireland and your credit or account card is authorized for the transaction.
4.5: In the event that an item is out of stock, you will be informed as soon as practically possible once we are made aware by our suppliers. The order relating to the unavailable item will be cancelled and a full refund will be made including any delivery charges. Where your order is for multiple items, the rest of the order will remain valid.
5. Pricing and Payment
5.1: All items are priced in pounds sterling (?GBP) and are exclusive of delivery charges which will be indicated to you during the ordering process.
5.2: We reserve the right to modify our prices at any time.
5.3: We reseve the right to refuse any orders for goods where pricing has been altered due to a technical error.
5.4: The original retail price quoted in the description of an item is the price provided by our supplier as the full selling price of the item when the item was originally in the supplier's distribution network. This price is provided for comparison purposes only.
5.5: Once you have reviewed your order and provided the required personal details, you will be required to click on to 'Checkout' to pay by credit card or Paypal. Payment by credit card will be processed through the EPT (Electronic payment terminal) of Barclays. The Barclays website is secured by SSL encryption (Secure Socket Layer), signed by VERISIGN, an accredited certification service provider, to protect the confidential details provided for payment. The User's payment details are transferred directly to the bank, which also operates under the secure SSL encryption. At no time will the User's payment details be transferred through Magic Streetwear' electronic system.
5.6: In the event that payment cannot be made in accordance with section 5.5, the order will not be processed and will automatically be cancelled.
6. Acceptance of your order
6.1: Once the payment has been accepted, the order cannot be amended.
6.2: We will confirm receipt of your order to the email address you provide at the time of registration. It is recommended that you retain the email or print out the confirmation of the order.
7. Delivery Dates
7.1: We will provide you with an indicative delivery date at the time of ordering; in most cases the delivery date will be 2-3 working days from the date of your order for the UK and between 7-10 working days for Europe and rest of world. Delivery times are estimates only and we will not be held liable in anyway for the late delivery of goods.
7.2: All items will be delivered to your registered address or, where requested by you as part of the order process, to another address selected for that particular order.
7.3: Following the shipment of the order from us, you will receive an e-mail specifying the tracking number for your parcel which you can use to track the parcel on the website of our designated courier. The parcel will usually be delivered to you within three (3) business days of the e-mail containing the tracking number.
8. Method/Failed Delivery
8.1: If you are not present at the time of delivery, a delivery note will be left inviting you to contact the courier directly in order to arrange re-delivery at a convenient time. If you are not in when a second delivery attempt is made, another note will be left asking you to call again to arrange a convenient time for delivery. If you are not in when a third attempt is made, the parcel will be returned to the courier's warehouse and you will be contacted. We will refund you for the value of the goods ordered but not for the delivery charge.
8.2: If after five (5) business days following notification of the tracking number, you have not received the parcel or a delivery note, you must contact our Customer Service team either by phone or e-mail. If the parcel is found, it will be sent to you immediately. In the event that the parcel has been lost, we will refund the total amount of the order including delivery costs.
9. Delivery non conformity
9.1: We take care when dispatching orders but we recommend that when you receive your order, you carefully check the item(s) received. Any problem with the order should be notified to Magic Streetwear service team as soon as possible.
9.2: We request that you return any incorrect or defective item to us as soon as possible in accordance with section 10 below and we will refund the cost of doing so.
9.3: We will provide a full refund including delivery costs for a defective or missing item or where requested by you, we can send a replacement item subject to availability.
10. Returns policy
10.1: In order to return an item for whatever reason, we request that you contact our Customer Service team within eight (8) business days of receiving your parcel. We will then provide you with an authorization number and address for processing the return.
10.2: You are requested to return the item(s) as soon as possible from the date of receiving the authorization number.
10.3: You are requested to return the item(s) with their original packaging. You are asked to take reasonable care with the items and in the case of an item with a hygiene seal, you are required not to remove the seal when examining the item.
10.4: Any return carried out (other than for defective items or items delivered incorrectly by us) will be at your own expense.
10.5: A full refund, excluding delivery costs, will be processed within fifteen (15) days of us receiving the returned goods.
10.6: We would advise you to return Items by recorded delivery or by any other means that shows proof of the return.
11. Discount Codes
11.1: You may occasionally receive discount codes from us by e-mail or post.
11.2: Each code is personal to the User receiving it, is not transferable, has no monetary value and under no circumstances can it be converted into currency. Each code has an expiry date which cannot be modified.
11.3: The use of a code requires the total value of the order (excluding delivery costs) to be higher than the monetary value of the discount given by the code. Some discount codes may specify a minimum spend in order to be used. In this case, the monetary value of the order (excluding delivery costs) has to be higher than the minimum spend.
11.4: Under no circumstances can the value of a discount code be deducted from an order if that code is defective or out of date: no replacement codes will be issued.
11.5: To use a discount code, you must click on the link 'Do you have a discount code' and either: (a) Enter the code given; or (b) Select the discount code of choice out of the discount codes offered.
11.6: After having selected the code, you have to click on the 'Redeem' button. The discount will then be applied and deducted from the value of the order.
11.7: When an order is placed using a discount code and it contains a number of items, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item bought in such an order will be reduced by the value of discount attached to it.
11.8: Only one discount voucher can be used per order.
12. Access to the Website and content
12.1: We are continually reviewing the items available on the website, so specifications or design changes may be made at any time. We shall use reasonable commercial endeavours to keep the Website up to date but information and specifications given are for your information only and are subject to change without notice.
12.2: We try to ensure that pictures of the items on the Website are as accurate as possible, but there are technical limitations and slight variations in colour and texture between the pictures and the items themselves must be expected.
12.3: We will endeavour to allow uninterrupted access to the Website, but access may be suspended, restricted or terminated at any time.
12.4: The Website may include links to other web sites or material, which are beyond its control. We are not responsible for access to and content on the Internet, or any site other than the Website.
13: Scope of advertisements
The content of the Website is directed solely at those who access the site from the United Kingdom and the Republic of Ireland. We make no representation or warranty that any items referred to in the Website are available or are otherwise suitable for use outside the United Kingdom and the Republic of Ireland.
14.1: You will only own the items once they have been successfully delivered and when we have received cleared payment for them in full. Until that time we will retain ownership of the items.
14.2: Items supplied are not for re-sale.
15.1: We warrant that the items shall meet their specification and shall be free from defects in materials and workmanship at the time of delivery provided that the instructions governing use of the goods have been followed.
15.2: The item description on the Website will specify if the item is subject to a manufacturer's guarantee and the item will be accompanied with such guarantee on delivery. If you have a defective item covered by an applicable and valid guarantee, you must contact our Customer Service team. You will be informed of the procedures to be followed in order to obtain a replacement or a refund. The Customer Service team may ask you to contact the supplier directly and we will do our best to provide you with the contact details of the after-sale service of the supplier.
16.1: If you have a valid claim in respect of any of the items which is based on any defect in the quality or condition of the items or their failure to meet specification in accordance with this agreement, we shall replace the items (or the faulty part in question) free of charge or, refund to you the price of the items (or a proportionate part of the price).
16.2: We will take all reasonable care to keep your order secure, but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorized access to any data (including credit and account details) you provide when accessing or ordering from the website.
16.3: We shall not be liable to you in connection with this agreement in contract, tort (including negligence) or otherwise for any loss arising out of any event (as defined in clause 18 below), any internet, network or virus problem, for any loss of profit, anticipated savings or data (in each case whether direct or indirect) and/or any indirect loss.
16.4: Our aggregate liability to you in connection with this agreement shall not exceed the value of the goods ordered by you.
16.5: Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence.
17. Statutory Rights
These terms and conditions do not affect your statutory rights (if appropriate) as a consumer.
18. Matters outside our control
18.1: We shall not be liable to you or in breach of this Agreement for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control (the "Event").
18.2: We will contact you within five (5) days of the Event in order to discuss possible alternatives for the performance of the Agreement. If the Event lasts for more than thirty (30) days, your order will be deemed to be cancelled and you will receive a full refund.
19. E-mail, user name and password
19.1: E-mails to you shall be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and tell us of any changes to it.
19.2: The user name and password you are issued with before you can order items from us are personal to you and are not transferable. Any breach or suspected breach of security of a user name and password should be notified to us immediately. You will be responsible for any payments due for items ordered through the website by anyone using your user name and password.
19.3: We guarantee the confidentiality of any data transmitted to us after you have entered your password. You are responsible for the use of your password and maintaining its confidentiality.
19.4: In the event of a forgotten password you can obtain a new one by clicking on the link 'Forgotten your password'. A new password will be sent to you by e-mail.
20.1: If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
20.2: You may not assign, sub-license, or otherwise transfer any of your rights under these Terms and Conditions.
20.3: If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion.
20.4: A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
21. Exceptional circumstances
21.1: In exceptional circumstances, we reserve the right to use a verification procedure to prevent fraudulent use of the Website. If required, you will be requested to send us (by fax or email) a copy of the front and back of your ID (e.g., passport) as well as proof of your address for the past 3 months. The order will only be dispatched after we have received and verified these documents.
21.2: We reserve the right to cancel an order and carry out a refund in the event of not receiving the documents or non-conformity of the documents.
21.3: We reserve the right to define the circumstances in which this additional verification will be required.
If you would like to contact our Customer Service team for any reason, please e-mail us at: email@example.com or call us between 9am and 5pm on 0800 112 3740 Monday to Friday.
23.1: We comply with the principles of the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
23.2: When you give us your personal information, we will give you the opportunity to opt in to receive information by e-mail from us and will only send it to you if you do opt in or if you are an existing customer and the information relates to similar items or services to those, which you have previously purchased from us. Where you have also agreed we will pass on your details to carefully selected third parties. When we send you communications by e-mail, we will give you the opportunity to opt out of receiving such communications from us. It is not our normal practice to send out marketing communications by post or telephone but if we do, you will be able to opt out of receiving such communications from us. However, remember if you opt out of receiving communications from us, particularly by email, that this will preclude you from receiving any of our special offers or promotions in future.
23.3: You can inform us at any time if you no longer require marketing communications to be sent by emailing us at firstname.lastname@example.org.
23.4: We do not store credit card details nor do we share customer details with any 3rd parties.
24. Personal Data
24.1: The personal information given for the on-line sales is obligatory, necessary for recording and processing the delivery of the orders as well as for the billing team. This information is strictly confidential. Giving false information will result in the automatic rejection of the order.
24.2: You have the right to access, to modify, to change or correct the information given. To exert this right, you should contact our Customer Service team stating your surname, first name, address and, if necessary, your buyer number.
24.3: The only cookies we use that are related to each connection, are deleted at the end of each visit of the website.
24.4: Certain pages of the Website can sometimes contain electronic images or statistics trackers, which make it possible to count the number of visitors to the page. This can be used with certain partners, in particular in order to measure and improve the effectiveness of certain adverts. The information obtained is strictly anonymous and simply makes it possible to gather statistics on the frequency of use of certain pages of the website.
25. Intellectual property
25.1: The copyright in the material contained in the website, together with the website design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software (including applets) belongs to us, our subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission.
25.2: You may retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
25.3: You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without written permission from us (except as set out in section 25.2).
26. Governing law
26.1: These terms and conditions shall be governed by and construed in accordance with English law.
26.2: Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit. The Magic Streetwear website uses a secure server. All your personal information and credit card information between your PC and the server are transmitted in an encrypted form. Furthermore, your credit card details are not stored on a server that would be accessible via the Internet. This is a further step for your protection, only available by leading ecommerce sites. SECURITY Can't access secure pages? If you are having trouble getting into secure pages, it may be because your browser, your corporate firewall or proxy has not been set up to allow access to secure pages. In these cases contact IT support at your company.
Our contact details are as follows:
Maxis Business Services Ltd
Unit I, Lister Mills,
BD9 4 SH.
Telephone : +44(0) 800-112-37-40