Last Updated:2023.03.29
Terms & Conditions
This website and any mobile application (collectively, this “Site”) is owned by Magi Hair
We are providing you with access to this Site and our online store
(together, our “Services”) subject to the following terms and conditions. By browsing, accessing,
using, registering for or purchasing merchandise on this Site, or otherwise using our Services, you
are agreeing to all of the following terms and conditions, including any policies referred to herein
(collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change
this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should
not browse, access, use, register for, or purchase merchandise from the Site. You represent and
warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or
guardian.
Privacy Policy
Our Privacy Policy, which also governs your visit to Our Site, can be found at [http://magihairwholesale.com/privacy-policy/].
Please review our Privacy Policy for information on how We collect, use and share information about our users.
Use of This Site
Subject to your compliance with these Terms, We grant you a limited, non-exclusive,
non-transferable, non-sublicensable license to access and make personal, non-commercial use of
this Site. This license grant does not include: (a) any resale or commercial use of this Site or content
therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses
of this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and
extraction methods on this Site. You may not use, frame, or utilize framing techniques to enclose any
of Our trademark, logo, content or other proprietary information (including the images found at this
Site, the content of any text or the layout/design of any page or form contained on a page) without
Our express written consent. Further, you may not use any meta tags or any other “hidden text”
utilizing Our name, trademark, or product name without Our express written consent. Any breach of
these Terms shall result in the immediate revocation of the license granted in this paragraph without
notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the
homepage of this Site so long as the link does not portray Us or Our products or services in a false,
misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time.
You may not use any of Our logos or other proprietary graphics or trademarks as part of the link
without express written permission.
Account
In order to access some features of this Site, you may be required to register and We may assign to
you, or you may be required to select, a password and username or account identification. If you
register, you agree to provide Us with accurate and complete registration information, and to inform
us immediately of any updates or other changes to such information. You are solely responsible for
protecting the security and confidentiality of the password and identification assigned to you. You
shall immediately notify Us of any unauthorized use of your password or identification or any other
breach or threatened breach of this Site’s security. Each time you use a password or identification,
you will be deemed to be authorized to access and use the Site in a manner consistent with these
Terms, and We have no obligation to investigate the authorization or source of any such access or
use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE
BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR
ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY
AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND
TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL
OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Electronic Communication
When you use this Site, or send emails to Us, you are communicating with Us electronically. You
consent to receive communications from Us electronically. We will communicate with you by email
or by posting notices on this Site or through our other services. You agree that all agreements,
notices, disclosures, and other communication that We provide to you electronically satisfy any legal
requirements that such communications be in writing.
User Content
This Site may include features and functionality (“Interactive Features”) that allows users to create,
post, transmit, or store any content, such as text, music, sound, photos, video, graphics, or code on
the Sites (“User Content”). User Content is publicly-viewable and may include your profile information
and any content you post pursuant to your profile, but it does not include your account information or
information you submit in order to make a purchase. You agree that you are solely responsible for
your User Content and for your use of Interactive Features, and that you use any Interactive Features
at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute,
store, create, or otherwise publish or send through the Sites any of the following:
● User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, or
otherwise objectionable;
● User Content that would constitute, encourage, or provide instructions for a criminal
offense, violate the rights of any party or that would otherwise create liability, or violate
any local, state, national, or international law;
● User Content that displays, describes, or encourages usage of any product We sell in a
manner that could be offensive, inappropriate, or harmful to Us or any user or
consumer;
● User Content that may impinge upon or violate the publicity, privacy, or data protection
rights of others, including pictures, videos, images, or information about another
individual where you have not obtained such individual’s consent;
● User Content that makes false or misleading statements, claims, or depictions about a
person, company, product, or service;
● User Content that may infringe any patent, trademark, trade secret, copyright, or other
intellectual or proprietary right of any party;
● User Content that impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity; and
● Viruses, malware of any kind, corrupted data, or other harmful, disruptive, or
destructive files or code.
Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We
claim no ownership or control over any User Content. However, by submitting or posting User
Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable,
transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, and display such User Content on this Site and on
third-party sites and mobile applications and in all other media or formats, whether currently known
or hereafter developed, for any purpose and without any compensation to you. You also grant users
of this Site the right to access your User Content in connection with their use of this Site. By posting
User Content to this Site, you represent and warrant that (a) such User Content is non-confidential;
(b) you own and control all of the rights, title, and interest in and to the User Content, or you
otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us
the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or
harmful in any manner; and (d) the User Content, and your use and posting thereof in connection
with this Site, do not and will not violate these Terms or any other of Our applicable terms,
guidelines, or policies or any applicable law, rule or regulation.
Feedback
Separate and apart from User Content, you may have the ability to submit questions, comments,
suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials,
and other information regarding this Site, Us, and our products or services (collectively “Feedback”).
You agree that Feedback is non-confidential and shall become Our sole property. We shall own
exclusive rights, including all intellectual property rights, in and to such Feedback and shall be
entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or
otherwise, without acknowledgment or compensation to you.
Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your
password and identification to):
● download, modify, reproduce, adapt, translate, reverse engineer, create derivative
works based upon, publicly display, sell, rent, license, or in any way commercially
exploit any portion of this Site, except and to the extent expressly permitted under
these Terms;
● remove any copyright, trademark, or other proprietary rights notice contained in or on
the Site;
● use any robot, spider, site search/retrieval application, or other device to retrieve or
index any portion of this Site;
● collect any information about other users (including usernames and/or email
addresses) for any purpose other than to solicit and/or share reviews with other users;
● reformat or frame any portion of any Web pages that are part of this Site;
● create user accounts by automated means or under false or fraudulent pretenses;
● create or transmit to other users unsolicited electronic communications, such as
“spam,” or otherwise interfere with other users’ enjoyment of the Site;
● submit to this Site any content that falsely states or implies that such content is
sponsored or endorsed by us;
● transmit or upload to this Site any item containing or embodying any virus, worm,
defect, malware, Trojan horse, software bomb, or other feature designed to damage or
degrade in any manner the performance of this Site, any other Web site, or any
computer or other device or system, or the enjoyment of this Site by any user;
● use this Site to violate the security of or gain unauthorized access to any computer or
computer network or other device or system (including unauthorized attempts to
discover passwords or security encryption codes);
● submit to this Site any content that is unlawful or facilitates, constitutes, promotes, or
encourages illegal activity; or otherwise use the Site to transfer or store illegal
material, including any material deemed threatening or obscene;
● copy or store any User Content offered on this Site other than for your personal,
non-commercial use;
● take any action that imposes, or may impose, in our sole discretion, an unreasonable
or disproportionately large data or traffic load on this Site or the IT infrastructure used
to operate and make this Site available; or
● use this Site and/ or any User Content, intentionally or unintentionally, to violate any
applicable local, state, federal, or international law.
We have no obligation to monitor any user conduct on this Site, and We reserve the right and have
absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
Ownership
As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips,
software, source code, and other aspects thereof (excluding User Content), all improvements or
modifications thereof, all derivative works based thereon, and the collection, arrangement, and
assembly of this Site (collectively, the “Site Content”), including all copyrights, trademarks, and other
intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and
protected by applicable copyright laws. The use of any of Our trademarks or service marks without
our express written consent is strictly prohibited. You may not use our trademarks or service marks
in connection with any product or service in any way that is likely to cause confusion. You may not
use our trademarks or service marks in any manner that disparages or discredits us. You may not
use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in
these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our
patents, copyrights, trademarks, trade secrets, or other proprietary rights.
Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted
electronically from start to finish. If We decide to proceed non-electronically, those transactions will
still be governed by the remainder of these Terms unless you enter into different terms provided by
us. You are responsible to print or make an electronic copy of these Terms and any other contract or
disclosure that we are required to provide to you. The risk of loss and title for items purchased by
you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment
contract. We charge sales tax for merchandise ordered on this Site based on the applicable state
sales tax rate of the location to which the order is being shipped. When We ship to you or per your
directions to another person, you agree to pay the shipping and any handling charges shown on this
Site when your order is placed. We reserve the right to increase, decrease, and add or eliminate
charges from time to time and without prior notice, so you agree to check all charges before placing
an order or signing up for a service. Any shipping or handling charges may or may not reflect actual
costs. Only valid credit cards or other payment methods acceptable to us may be used. By
submitting your order, you represent and warrant that you are authorized to use the designated card
or method and authorize us to charge your order (including taxes, shipping, handling, and any other
amounts described on the Sites) to that card or other method. If the card (or other method) cannot
be verified, is invalid, or is not otherwise acceptable, your order may be suspended or canceled
automatically. All returns are governed by our Return Policy, which can be found at http://magihairwholesale.com/privacy-policy/.
We attempt to be as accurate as possible and eliminate errors on this Site;
however, We do not warrant that any product, service, description, photograph, pricing, or other
information is accurate, complete, reliable, current, or error-free. In the event of an error; whether on
this Site, in an order confirmation, in processing an order, delivering a product or service, or
otherwise; We reserve the right to correct such error and revise your order accordingly if necessary
(including charging the correct price) or to cancel the order and refund any amount charged. Your
sole remedy in the event of such error is to cancel your order and obtain a refund. All items are
subject to availability and We reserve the right to impose quantity limits on any order, to reject all or
part of an order, and to discontinue products or services without notice, even if you have already
placed your order. All prices are subject to change without notice. We reserve the right to refuse or
cancel any orders placed for products and/or services for which the sale or use of such product
and/or service in your state or jurisdiction is restricted or prohibited.
Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties.
You acknowledge that We are not responsible for the operation of or content located on or through any such site.
Termination
You may terminate the Terms at any time by closing your account, discontinuing your use of this
Site, and providing Us with a notice of termination. We reserve the right, without notice and in our
sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or
prevent your future access to and use of this Site or any portion of this Site.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless
Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners,
members, employees, independent contractors, service providers, and consultants (“Our Related
Parties”), from and against any claims, damages, costs, liabilities, and expenses (collectively,
“Claims”) arising out of or related to (a) your access to and use or misuse of this Site; (b) any User
Content you post, upload, use, distribute, store, or otherwise transmit on or through this Site; (c) any
Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of
another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending
such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including
but not limited to attorneys’ fees). You further agree that the We shall have the right to control of the
defense or settlement of any third party Claims.
Disclaimers
Except as expressly provided, this Site, including all Site Content, and services provided on or in
connection with this Site are provided on an “AS IS” and “WITH ALL FAULTS” basis without
representations, warranties, or conditions of any kind, either express or implied. WE DISCLAIM ALL
OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, AND DUTIES; EXPRESS, IMPLIED, OR
STATUTORY; INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES, OR CONDITIONS:
(A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND
NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
We do not represent or warrant that this Site is accurate, complete, reliable, current,or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.