1. Commitment to Magnus
MAGNUS ALPHA proposals, catalogues, brochures and any information contained in the Site, does not constitute an offer or obligation in any way. MAGNUS ALPHA shall only be bound vis-à-vis the CUSTOMER after the respective purchase order is accepted and confirmed in writing by MAGNUS ALPHA. For such purposes, MAGNUS ALPHA will provide CUSTOMER a confirmation number.
2. Use of Site
This license shall automatically terminate if CUSTOMER violates any of these restrictions and may be terminated by MAGNUS ALPHA at any time without cause.
Magnus reserves the right to refuse service, terminate accounts, and/or cancel orders at MAGNUS ALPHA own discretion, including, without limitation, if MAGNUS ALPHA believes that CUSTOMER conduct violates any applicable law, policy or is harmful to MAGNUS ALPHA interests.
When CUSTOMER uses the Site, or sends comments or e-mails to MAGNUS ALPHA, CUSTOMER is communicating with MAGNUS ALPHA electronically. CUSTOMER consents to receive communications from MAGNUS ALPHA electronically. MAGNUS ALPHA will communicate with CUSTOMER by e-mail or by posting notices on the Site or through our other services or by courier if MAGNUS so decide so. CUSTOMER agrees that all agreements, notices, disclosures and other communication provided by MAGNUS ALPHA to CUSTOMER electronically satisfies any legal requirements, on any applicable jurisdiction, that such communication be in writing.
Unless otherwise stated in this agreement, MAGNUS ALPHA does not warrant that (i) the Site software will meet CUSTOMER requirements, or (ii) the Site software will operate in combination with a hardware, software, system or data not provided or authorized by MAGNUS ALPHA. Notwithstanding any provision to the contrary, the Site software available to you as part of this Agreement, is going to be available on “AS IS” basis.
3. Intellectual Property
CUSTOMER acknowledges that all copyright, patent and other intellectual property rights in respect of the Site software (including but not limited to text, button icons, images, pictures, audio clips, graphics and/or code), products (including its designs) and services, and all copies remain the sole and exclusive property of MAGNUS ALPHA.
All trademarks, logos, slogans, service marks and trade names used in the Site are trademarks or registered trademarks of Magnus Alpha Projects, LLC. or any of its affiliates or business partners as the case may be. MAGNUS ALPHA trademarks or other intellectual property of either MAGNUS ALPHA, its affiliates and or business partners, may not be used in connection with any product or service that is not MAGNUS ALPHA. CUSTOMER may not use trademarks or service marks of MAGNUS ALPHA, or those of its affiliates and/or business partners, in connection with any product or service in any way that is likely to cause confusion. CUSTOMER may not use trademarks or service marks of MAGNUS or those of its affiliates and/or business partners in any manner that disparages or discredits MAGNUS ALPHA or them. Likewise, CUSTOMER shall refrain from reproducing product designs, or having them reproduced, without the prior written consent of MAGNUS ALPHA. CUSTOMER may not use any trademarks or service marks appearing at the Site or property of MAGNUS ALPHA in meta tags without MAGNUS ALPHA prior explicit written consent.
4. Site Reviews
Except as provided herein or on the Site, anything CUSTOMER submits, writes or posts at the Site or any of its links, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions is, and will be treated as, no confidential and nonproprietary, and MAGNUS ALPHA shall have a full royalty-free, worldwide, perpetual, irrevocable and transferable right to such posts. In addition to the foregoing, CUSTOMER also grants MAGNUS ALPHA the right to use the name that CUSTOMER submits with any review, comment or post. CUSTOMER represents and warrants that use of CUSTOMER reviews, comments or posts by MAGNUS ALPHA, will not infringe upon or violate the rights of any third party. CUSTOMER shall not use a false third-party e-mail address, pretend to be someone other than CUSTOMER or otherwise mislead MAGNUS ALPHA or third parties as to the origin of any of CUSTOMER posts, comments or reviews. MAGNUS ALPHA may, but shall not be obligated to, remove or edit any of CUSTOMER posts, comments or reviews at any time, for any reason and without notice to CUSTOMER and without your explicit or implicit consent.
5. Shipping and Returns Policy
Unless otherwise agreed under the corresponding purchase order, periods of delivery by MAGNUS ALPHA are always considered indicative and not binding. Any delay in execution and/or delivery does not give the CUSTOMER any right to recourse for liability against MAGNUS ALPHA.
The CUSTOMER undertakes to receive the goods specified in the purchase order within the time stated in the purchase order.
There are no refunds or exchanges due to CUSTOMER’s change or mind. Refunds or exchanges are only applicable in case of product defects. Requests for product size changes are allowed, in case we do not have the purchased product on your size, you may take the value of the purchased product as a bonus applicable to any other product offered at the Site. Refunds due to product size differences, will only apply in case there is no product available in the correct size, otherwise, CUSTOMER will only be entitled to a product exchange.
Exchanges or refunds are only permitted within _______ days from delivery to CUSTOMER. The products shall be in good original condition. CUSTOMER shall bear shipping costs and expenses. All exchange requests will be subject to availability. Shipping costs are non-refundable.
International orders (outside U.S.A) may be subject to sales tax, import duties and/or custom charges at the CUSTOMER's expense. Please contact local customs at the country of deliver for further information.
6. Risk of Loss
The risk of loss and title for items purchased by CUSTOMER, pass to CUSTOMER upon delivery of the items to the carrier pursuant the corresponding purchase order. MAGNUS ALPHA does not take title to returned items until the item arrives in good original conditions at our facilities. At MAGNUS ALPHA sole discretion, a refund may be issued without requiring a return. In this situation, MAGNUS ALPHA does not take title to the refunded item.
7. Pricing and Product Changes
All prices are exclusive of costs and taxes unless otherwise indicated. MAGNUS ALPHA reserves the right to change prices at any time prior to delivery as a result of changes in tax, supplies, its prices, market conditions or for any other reason. If the price of an order changes after full payment by CUSTOMER or after CUSTOMER has paid the down payment, CUSTOMER order will be canceled and its monies refunded.
MAGNUS ALPHA is constantly updating and revising its offerings of products, and MAGNUS ALPHA may discontinue products at any time without notice.
MAGNUS ALPHA attempts to be as accurate as possible with product descriptions and prices. However, MAGNUS ALPHA does not warrant that product descriptions, pictures or prices are accurate or error-free. In the event that a product is listed at an incorrect price or with incorrect information due to typographical or photographical error or error in pricing or product information, MAGNUS ALPHA shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. MAGNUS ALPHA shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and CUSTOMER´s credit or debit card has been charged. If CUSTOMER’s credit or debit card has already been charged for the purchase and the CUSTOMER order of is canceled, MAGNUS ALPHA shall immediately issue a refund to CUSTOMER’s credit or debit card account in the amount of the charge and advise CUSTOMER of the canceled order.
9. Limitation of Liability
The products offered for sale through the Site and the transactions conducted through it are provided by MAGNUS ALPHA on an "AS IS" basis. MAGNUS ALPHA makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site or any of its links except as herein provided.
To the full extent permissible by applicable law, regarding our Site and products, MAGNUS ALPHA disclaims and negates all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, no infringement of intellectual property, title, quiet enjoyment, data accuracy and system integration or other violation of rights. The Site may include inaccuracies, mistakes or typographical errors. MAGNUS ALPHA does not warrant that the content will be uninterrupted or error free.
IN NO EVENT SHALL MAGNUS OR ANY OF ITS AFFILIATES, SUPPLIERS OR BUSINESS PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, including without limitation damages for loss of profits and/or data use, incurred by CUSTOMER or any third party, whether in an action in contract or tort or due to business interruption, even if MAGNUS ALPHA has been advised of the possibility of such damages. The aggregate and cumulative maximum liability of MAGNUS ALPHA for direct and proven damages hereunder shall in no event exceed the actual amount paid by CUSTOMER for the products purchased through the Site.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of certain liabilities, some of these limitations may not apply to CUSTOMER to the extent such jurisdiction’s law is applicable to the corresponding purchase of products.
10. Termination and Effect of Termination
In addition to any other legal or equitable remedies, MAGNUS ALPHA may, without prior notice to CUSTOMER, immediately terminate the Agreement or revoke any or all of CUSTOMER’s rights granted under this Agreement. Upon any termination of this Agreement, CUSTOMER shall immediately cease all access to and use of the Site and MAGNUS ALPHA shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification, including any bonuses numbers issued to you and deny your access to and use of the Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
11. International Access
The Site may be accessed from countries other than the United States. The Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If CUSTOMER accesses and uses the Site outside the United States, CUSTOMER is responsible for complying with applicable local laws and regulations.
The Site may contain links to other websites that are owned and operated by third parties. CUSTOMER acknowledges that MAGNUS ALPHA exclusively operates the Site and therefore, MAGNUS is not responsible for the operation of or content located on or through any such website.
You agree that MAGNUS ALPHA remedy at law for any actual or threatened breach of this Agreement would be inadequate and that MAGNUS ALPHA shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that MAGNUS ALPHA may be legally entitled to recover, together with reasonable expenses and fees of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of MAGNUS ALPHA shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by MAGNUS ALPHA of any of its rights or remedies under this Agreement shall imply any obligation to grant any similar, future or other waiver.
Any complaint relating to the quantity of the goods and accessories or for visible defects shall be notified to MAGNUS ALPHA by within 5 calendar days of their delivery. Any remarks or complaints relating to hidden defects that were not visible when the products were delivered, shall be reported to MAGNUS ALPHA in writing within 20 calendar days of delivery. Any right to recourse or warranty of MAGNUS lapses upon expiry of these periods without prior written notice.
The CUSTOMER cannot hold MAGNUS liable for any damage ensuing from the technical advice which MAGNUS ALPHA provides to it regarding processing, treatment or use of the products, unless such damage is due to a serious error or malice directly attributable to MAGNUS ALPHA.
MAGNUS ALPHA products and accessories are guaranteed against construction and material errors directly attributable to MAGNUS ALPHA, on condition that the instructions for use have been complied with. This guarantee exclusively covers the replacement free of charge of the products or components recognized to be flawed. Any provisions to the contrary shall be regarded as non-existent by MAGNUS ALPHA.
The guarantee lapses in case of damage attributable to negligence, normal wear and tear or any cause attributable to any use other than normal.
This guarantee is valid for three months from the date of delivery to CUSTOMER, provided that proper notice to MAGNUS ALPHA has been furnished on time according to the COMPLAINTS SECTION herein above.
16.- Relation between the Parties
MAGNUS ALPHA shall provide the products as an independent contractor. Nothing herein shall be construed as creating any other relationship between the parties hereto.
CUSTOMER shall not be authorized to assign its rights and duties under this Agreement, or any part thereof, to any third party, without the prior written authorization of MAGNUS ALPHA.
18.- Entire Agreement
The headings of the various sections of this Agreement are for convenience of reference only and shall not modify, define or limit any of the terms or provisions thereof.
In the event that any one or more of the provisions contained in this Agreement shall, for any reason, be held to be void, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.