Terms & Conditions
About these Terms and Conditions
In these Terms and Conditions "we" and "us" mean My Magical Moments - ABN: 25 628 703 194 and "you" and "your" means you the customer.
These Terms and Conditions together with your order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email prior to the event.
Legal Capacity to Transact
If you are under the age eighteen (18) years you can not place orders with My Magical Moments. If you under the age of eighteen (18) years of age, please get someone over the age of eighteen (18) years of age to place the order on your behalf.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years.
Should My Store suffer any damage or other losses as a result of a transaction entered into by a minor, My Store reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with My Magical Moments.
Purchasing Items that are Exclusive to My Magical Moments
A customer is prohibited from purchasing goods from My Magical Moments for the purpose of resale and on sale to other persons whether as a business or non-business. Goods are only for personal use including but not limited to gifting and/or on behalf of another for their personal use. A breach of this will result in cancellation and/or refusal of registration/order for goods.
Items that are exclusive to My Magical Moments have a limit of 4 per customer. Orders containing more than the allowable limit will be adjusted accordingly and refund given.
If more than the allowed limit is required (eg. for personal use or for a preschool) please contact us prior to ordering, so that your order is not adjusted.
Placing Your Order
You may place your order by filling in the order form on this website.
When you place your order, we will issue you with an order number. We will do this by email.
By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your order after payment is received we will contact you by email or telephone.
My Magical Moments reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Payment Methods and Processing
My Magical Moments accepts PayPal, Visa, MasterCard, AMEX, Zippay Afterpay
Orders placed on a weekend or a public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding QLD public holidays.
We process credit card and PayPal payments after you click the "Submit My Order" button.
For credit card and PayPal payments, we will email an invoice to you with your order confirmation. Your invoice is your proof of purchase.
Please Note:
If your PayPal payment is funded by an e-cheque, or you pay by Bank Transfer this will delay processing your order until payment clears.
Prices
My Magical Moments always seeks to list Products with the most competitive prices.
My Magical Moments reserves the right to change prices for Products displayed at the My Magical Moments website at any time.
Supply of Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your order confirmation.
When your order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
Refund Policy
If you find that the goods were damaged in transit or were faulty in some manner, please contact us within 24 hours of receiving the goods. We will organize for the return of the goods and arrange a credit towards your next purchase or send a replacement product.
For a change of mind returns, you must contact us within 48 hours of receiving your order and we will organize for the return of the goods. Items must be in original condition in undamaged packaging. The customer will incur the cost of return postage and be credited the purchase price of the product only upon us receiving the items in said condition.
A 10% restocking fee may be charged on the final value of your order including postage if deemed necessary on any partial or full refunded orders.
Cancellation Policy
Please contact us as soon as possible if you request your order to be cancelled, once dispatched processed, we are not able to cater to a cancellation request. If the goods have been sent out, you may refuse or return order, the order will be refunded upon receiving according to our refund policy.
If we find you breaching any of our terms and conditions My Magical Moments reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion, a 10% restocking fee may be applied to your final value of your order.
Orders using the payment afterpay or zippay will be charged a 10% restocking fee on the final amount. This is to cover the non refundable fee paid and other processing fees endured upon the placement of your order
Delivery Charges
Standard shipping nationwide is a flat rate of $9.99. Express and International shipping is calculated on size, the weight of your order and receiver's location. My Magical Moments reserves the right to change prices for delivery at any time.
Delivery Times
We aim to have all orders on this website are processed within 24 hours. Monday to Friday If there are any unforeseeable delays, you will be contacted by our customer service team.
Orders will be shipped to you by Australia Post, or where more appropriate, a Courier Service of our choosing.
Please do not ASSUME that your package will be delivered by one service or another.
PLEASE NOTE.
Once purchases have been dispatched, we cannot be held responsible for items lost or damaged in transit.
With our nominated Delivery Service, we recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9.00am and 5.00 pm. This can be a business address if this is more convenient. Our deliverer cannot guarantee a specific delivery date or time. If no one can be present to accept delivery please nominate a safe accessible location for our courier to leave your parcel safely.
Although every effort is made to ship your order according to the estimated delivery times provided, estimated shipping times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us.
Title and risk of loss to all products will pass to you on delivery.
Products Damaged in Transit
All orders are delivered by Australia Post or by our nominated Courier Service which is an independent courier company. Please do not ASSUME that your package will be delivered by one service or another. Unless you tell us otherwise, we will choose the most appropriate delivery option as outlined above. Please consider the information below so you are aware of your obligations in relation to delivery options.
Our courier will endeavour to supply you with the product you have ordered from us in the condition that the goods were dispatched. However, on occasion goods may be damaged in transit to you. Please contact us upon receipt of your order if there are any problems.
Faulty Products
My Magical Moments is proud to offer our customers quality products. We will endeavour to supply you with the product you have ordered in good condition. However, if an item has slipped through our quality checks, and you have received an item that is not up to standard, please contact us within 24 hours of you receiving your delivery.
Certainly, here's a version of the clause that includes only email as the communication channel:
Customer Consent for Review Invitations
By using our services or making a purchase through our platform, you agree to receive invitations and requests to review your orders via email. The purpose of these invitations is to gather feedback on your shopping experience and the products or services you have received.
You understand and consent to the following:
- Frequency of Invitations: We may send you invitations to review your orders periodically, which may include but are not limited to, after you have received your order, or at a time determined by us to be reasonable for soliciting your feedback.
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Email Communication
Invitations to review your orders will be sent exclusively to the email address you have provided to us. You agree that we may use this email address for this purpose.
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Review Content Any review or feedback you provide is voluntary, and you have the option to share or withhold information as you see fit. However, your feedback can help us improve our products and services, and we encourage you to provide honest and constructive feedback.
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Privacy: Your personal information and review content will be handled in accordance with our Privacy Policy, which outlines how we collect, use, and protect your data.
Please note that your consent to receive invitations to review your orders via email does not affect your other rights as a customer, including your right to contact us with any questions, concerns, or issues related to your orders.
By agreeing to these terms and conditions, you acknowledge that you have read and understood this section and agree to receive invitations to review your orders via email as described herein.
Limitation of Liability
Information on this website is provided 'as is' and we disclaim all representations, warranties and conditions, express or implied of any kind, including to the extent permitted by law, as to satisfactory quality or fitness for purpose.
While we make every effort to ensure that the information contained within the website is complete, accurate and current, we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any errors or omissions of any kind in the content of the website.
We reserve the right to amend or supplement the information supplied on this website without prior notice.
Links available on the website link to websites not maintained or controlled by us. We provide these links for your convenience and are not responsible for their content and do not endorse any pages linked to this website. This also applies to any links to which this website refers, whether directly or indirectly.
We shall not be liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising out of any use of our services or in connection with the use or performance of this website, or the content of this website or referred to on this website or any other website you may access through this website.
Copyright
This website and its contents are subject to copyright.
Other than for the purposes of fair dealing, criticism, review, study or research, you may not copy, print or store by electronic or any other means a part or the whole of this website or its contents.
General
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of My Magical Moments. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in My Magical Moments for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option My Magical Moments, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
My Magical Moments reserves the right to change the Terms and Conditions of sale at any time.
My Magical Moments employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Force Majeure
My Magical Moments shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of My Magical Moments, and My Magical Moments shall be entitled to a reasonable extension of time for the performance of such obligations.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland and shall be subject to the non-exclusive jurisdiction of the courts of Queensland
Questions about the Terms of Service should be sent sales@mymagicalmoments.com.au.
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