Terms of Use:
Welcome to Case-Magic. By using, accessing or purchasing from our website, it is understood that you agree with our terms and conditions and privacy policy as listed hereinafter. The conditions are applicable either on your access of the website Case-Magic or purchase of any product from the website www.case-magic.com. Users Please note and that we reiterate that 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”), Therefore, customers/users are requested to read the terms and conditions accurately and carefully. It is solely the customers/users responsibility to check this page periodically for changes. The customers / users continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. The users customers 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.
INTRODUCTION: The present agreement contains the terms and conditions which are applicable on the access and/ or use of our website and/or purchase of any goods from the website www.case-magic.com. The User/ Customer understands and agrees that by accessing/ using this website and/or purchasing goods from the website, the user is implicitly and/or inherently bound by these terms of use and shall comply with the same thereof. The User/ Customer agrees and/or understands that these terms of use describes and encompasses the entire agreement between the Company and/or the User and shall supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content and products provided by or through the website, and the subject matter of this Agreement. The User/ Customer hereby understand and agree that the Company reserves its rights to make amendments to this agreement from time to time without any prior specific notice to the User/ Customer. The User/ Customer are expected to go through the present agreement before the use/ access of the services given by the Company through its website.
USE OF THE SITE & PROHIBITIONS
That our website www.case-magic.com, allows the User/ Customer to shop for our products online exclusively manufactured / marketed / distributed by the Company. However, any User/ Customer is prohibited to do the following acts, (a) use our website, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our website, services, or tools (b) Persons under the age of 18 years but over 13 years of age (Minors) may use this website but under the supervision of a parent or a legal guardian who agree to be bound by these terms & conditions. Alternately, If the said Minor is below 18 years of age, only the Minors’ parents or legal guardian shall strictly transact on behalf of the Minor provided that their parents or legal guardians are registered legitimate users or (c) Users are strictly prohibited collecting information about other users’ personal information; or (d) users are prohibited from manoeuvring the price of any item; or (e) users are prohibited from posting false, inaccurate, misleading, defamatory, or libellous content; or (f) users are prohibited to take any action that may damage the rating system. Please note that Case-Magic owner of the domain www.case-magic.com reserves the right to delete unauthentic reviews or reviews not given within the terms of general legal parameters or the law applicable in the respective countries for time being in force.
The User/ Customer hereby understands and agrees that for proper and uninterrupted usage of the services of the website, the User/ Customer is required to make an account on the website using its full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
The User/ Customer shall verify that they are 18 years or older and shall be solely responsible for keeping their password secure and shall be responsible for all activities and contents that are uploaded under their account. The User/ Customer shall or must not transmit any worms or viruses or any code of a destructive nature.
ACCOUNT
The customer /user agree to provide current, complete and accurate purchase and account information for all purchases made at our store. Customer/user agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact the customer as needed.
The Customer/User shall on registering with the Company on its website, become a registered member of Case-Magic and/or hold an account on our website www.case-magic.com, case-magic which shall represent that the User/ Customer is of legal age to form a binding contract and is not a person barred from receiving services under the any law whatsoever as applicable in India.
The User/ Customer shall be solely responsible for maintaining the confidentiality of the account and the password. The User/ Customer shall/could receive alerts/ details of the orders by email or SMS or any communicating app, the order placed by them with the Company through its website on the email ID, message on number provided by them to the Company. The User/ Customer hereby understands and agrees/affirms that our company Case-Magic shall not be responsible in any manner whatsoever for unauthorized use/ access of its account maintained with the Company on its website and any account activity found violating the polices of Case-Magic, such an activity may result in termination of your account/ membership and shall be the sole responsibility of the User/ Customer alone.
That our company its agents, employees and/or administrators in charge of their website solely reserves the right to accept, reject and remove users from registrations on the website & related web assets without stating any reason thereof. The User/ Customer hereby understands and agrees that the Company shall not be liable if for any reason this Website is unavailable at any time or for any period. We reserve the right to restrict access to some parts or this entire Website.
LICENSE & SITE ACCESS
Case-Magic strictly prohibits and does not permit copying or downloading of any kind of content (text, graphics, clip arts, icons, images, audio clips, videos or software) from its website and are solely owned by the Company. Any unauthorized use of the content of the website by the User/ Customer in any manner whatsoever shall result in immediate cease/ termination of the User’/ Customer’ account/ access of the website and the Company reserves its right to take appropriate legal action against the User/ Customer. The User/ Customer hereby understands and agrees that uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment shall not be accepted and be subject to appropriate action. The website and related web assets on third parties may include links to third party websites that are controlled and maintained by others. It is submitted that the user/customer understands that any link to other websites or any other destination on the internet or mobile is not an endorsement of such websites or destination and the Company in any manner whatsoever is not liable for the content or availability of any such sites. The User/ Customer understands and agrees that any unauthorized use of the website shall give rise to a claim for damages and the Company shall take appropriate measures against such acts including but not limited to criminal actions.
PAYMENTS & PROCESSES OF INVOICES
The Company Case-Magic has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by the Company prior to the acceptance of an order. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. The Company has all the discretion to cancel or deny orders. The Company shall not take any responsibility for pricing, typographical, or other errors in any offer by the Company and reserves the right to cancel any orders arising from such errors. The Company Case-Magic also provides for the cash on delivery (COD) method for payments provided the order has a minimum value as informed below each product at its discretion.
DELIVERY POLICY
The Company is committed and strives to give its Users/ Customer the best shopping experience and ships all the products/ orders shall be delivered within 3-5 working days from the date of placing the order. However, in situations beyond the Company’s control there shall arise circumstances where the Company is not able deliver and causes a delay. In such cases, the Company shall ensure delivery in the earliest possible timeframe.
RETURN & EXCHANGE POLICY:
The Company does not entertain return and/ or exchange policies due to the kind of the products the Company is manufacturing. Except the articles which are damaged in the transit or found to be defective on delivery, only those products can be returned or exchanged. Provided the User/ Customer informs of such defect/ damage to the Company within 24 hours of receiving the said product. Further, in any case the product is found to be have been tampered with or used after the delivery then the Company reserves its rights to reject the exchange of the said product. The User/ Customer as aforesaid is liable to inform the Company for the exchange/ return of the product within 24 hours of the delivery via the contact support by emailing at care@case-magic.com Any requests beyond such period shall not be entertained.
The Pricing and description of our Products:
The prices displayed for products on the website represents the full retail price listed on the product itself, suggested by the Company estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent an “open-stock” price, which means the aggregate of the estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by the Company, the List Price may be provided by the Company. In cases of mispriced products in our catalogues in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, the remedy is to return it in unused condition as per our returns & exchange policy above.
EDITING, DELETING AND MODIFICATION OF TERMS AND CONDITIONS: The Company reserves its right to edit, delete or modify any of the terms and conditions contained in this agreement, at any time at its sole discretion, with or without due notice. The use/ access of the website and its services by any User shall be considered to be an unequivocal and binding acceptance of the amended terms of use.
ACKNOWLEDGMENT OF OUR RIGHTS : The User hereby understands, acknowledges and agrees that all rights, titles and interests, ownership including but not limited to rights covered by the Intellectual Property Rights, of the website are expressly and exclusively of the Company, and that the User by no means shall acquire any right, title, or interest in or to the program except as expressly set forth in this Agreement. The User is strictly prohibited from modifying, adapting, translating, preparing derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto which shall infringe the exclusive rights of the Company. The User is hereby prohibited from indulging in activity directly or indirectly as aforementioned which shall interrupt the exclusive use and enjoyment of the vested rights of the Company in its intellectual property.
ACTIVITY OF ANY FRAUD: Please be aware that Fraudulent activities are diligently monitored on our site and if fraud is detected the Company shall resort to all remedies available, and the User shall be solely held responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER & LIMITATIONS OF LIABILITY
Our Company hereby notifies that it does not make express or implied warranties or representations with respect to the products sold and offered on its website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, the Company shall make no representation that the operation of our website will be uninterrupted or error-free, and we shall not be liable for the consequences of any interruptions or errors. This website and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. The User understands and agrees that your use of this website is at their own risk.
CONFIDENTIALITY
The User is under strict liability not to disclose any information obtained from the Company and or from its clients, advertisers and suppliers, directly or indirectly. All information submitted to the Company by an end-user customer pursuant to a Program is proprietary information of the Company. Such customer information is confidential and shall not be disclosed. The Company agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON – WAIVER : Failure of the Company to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed as relinquishment or waiver of any of its rights or remedy that the Company may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed as waiver of any subsequent or prior breach of the same or any other provision.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the substantive laws of India, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of India, to the exclusion of any other courts without giving effect to its conflict of law’s provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
The User understands and agrees that his/ her rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without any liability fastened to the Company. However, the Company may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
The User/ Customer can contact the Company by sending an email at care@case-magic.com or contact at numbers below. For the purposes of any written communication or notices, the same can be send at the undersigned address-
Case-Magic : Office no 2,1st floor unity house, Near Opera House, Mama Paramanand Marg, Charni Road East, Mumbai, Maharashtra 400004
TRADEMARKS
The name & logo of the Company are companies trademarks. Any unauthorized reuse, representation or misinterpretation shall be penalised as per the applicable law of India.
