terms & conditions

1. interpretation

In these terms:

(a) 'Customer' means the purchaser of the gifts and gift boxes.

(b) 'Goods' means the gifts and gift boxes and, if any, services specified in these Terms.

(c) 'Price' means the price per gift or gift box.

(d) Nothing in these terms excludes, restricts or modifies any right implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.

2. Acceptance

These terms (which may only be waived in writing by Magnifica) prevail over all terms of the Customer's order to the extent of any inconsistency.

3. Payment

The Customer must pay for the goods before the goods are distributed.

4. Payment Options

CREDIT CARD
The Customer may pay by phone or online with Visa, Mastercard or Bankcard.

CHEQUE / MONEY ORDER
Cheque / Momey order must be made payable to Magnifica and sent to:

PO BOX 40
ST PAULS
SYDNEY NSW 2031

DIRECT DEBIT
If the Customer requires this payment option, it must contact Magnifica and Magnifica will provide the relevant information.

5. Dishonour of cheque

If any cheque issued by the Customer in payment for the goods is dishonoured, Magnifica may refuse to deliver any goods until the Customer pays in full.

6. Exchange rate adjustment

Magnifica may vary the Price in accordance with any currency fluctuations.

7. Transfer of Risk

Risk in the goods shall pass to the Customer upon delivery of the goods to the Customer or collection of the goods by the Customer's agent or courier.

8. Taxes

The Customer must pay any levy, duty or other tax imposed on this contract or in respect of the sale, manufacture, delivery, use or export of the goods.

9. Packing

The cost of any packing and posting the goods is at the Customer's expense even if such cost is not included in the Price.

10. Delivery

The delivery times made known to the Customer are estimates only and Magnifica shall not be liable to the Customer for late delivery or non-delivery of the goods.

11. Storage

Magnifica may make a reasonable charge for storage if delivery instructions are not given by the Customer within 14 days of a request by Magnifica for such information.

12. Insurance

Any property of the Customer under Magnifica's control is entirely at the Customer's risk as regards loss or damage caused to the property or by it.

13. Transfer of title

Magnifica reserves the legal ownership of the goods until the Customer has paid Magnifica in full.

14. Loss or damage in transit

Magnifica is not responsible for any loss or damage to goods in transit. Magnifica must render the Customer such assistance as may be necessary to press claims on carriers if the Customer notifies Magnifica and the carriers immediately the loss or damage is discovered and lodges a claim on the carrier within three days of the discovery of the loss or damage.

15. Company's liability

(a) Magnifica's liability for defective goods is limited to replacing them or at Magnifica's option refunding the price of the defective goods if:

(i) defects have arisen solely from faulty materials or workmanship;

(ii) the goods have not received maltreatment, inattention or interference; and

(iii) notice of the defects is given to Magnifica within 7 days of delivery to the Customer.

(b) Magnifica's liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974
(other than s 69) is limited to:

(i) in the case of goods, any one or more of the following:

(A) the replacement of the goods or the supply of equivalent goods;

(B) the repair of the goods;

(C) the payment of the cost of replacing the goods or of acquiring equivalent goods;

(ii) in the case of services:

(A) the supplying of the services again;

or

(B) the payment of the cost of having the services supplied again.

(c) Magnifica's liability under s 74H of the Trade Practices Act 1975 is expressly limited to a liability to pay to the Customer an amount equal to:

(i) the cost of replacing the goods;

(ii) the cost of obtaining equivalent goods; or (iii) the cost of having the goods repaired, whichever is the lowest amount.

16. Return of goods

Magnifica is not under any obligation to accept goods returned by the Customer and may do so only on the following terms:

(a) the goods must be returned within seven days of delivery;

(b) the goods must be returned in the condition in which they were delivered, undamaged and in their original packaging; and

(c) the goods must not be worn or soiled in any way.

17. Refund

Magnifica may, at its discretion, refund the Price of any goods where the Customer has returned the goods to Magnifica in accordance with clause 16 and informed Magnifica that it requires a refund. Where the Customer has paid for the goods using a credit card, Magnifica will issue a credit to the Customers' credit card upon receipt of the goods.

18. Exchange of Goods

Magnifica may, at its discretion, exchange goods purchased by the Customer for goods of comparable value where the Customer has returned the goods to Magnifica in accordance with clause 16 and informed Magnifica that it wishes to exchange the goods. If the Price of the goods chosen in exchange exceeds the Price of the goods returned, the Customer must pay the difference plus postage and handling.

19. Privacy

The sort of personal information that Magnifica may collect includes the Customer's name, address, email address, telephone number, fax number, and credit card information.

(a) Magnifica may use that information to enable it to fulfil any orders placed by a Customer or to send a newsletter by email or to keep the Customer up to date with new goods and special offers.

(b) Magnifica will not, without the prior consent of the Customer, disclose personal information collected about the Customer to any other party except in the case of carriers to whom Magnifica supplies the Customer's name and address details as well as any particular delivery instructions the Customer has given Magnifica.

(c) Magnifica does not sell or rent any customer lists.

(d) The Customer may request access to personal information about the Customer held by Magnifica by contacting Magnifica. If the Customer believes that the personal information Magnifica holds about the Customer is incomplete or inaccurate, the Customer may ask Magnifica to amend it.

20. Proper Law

This contract shall be construed and governed according to the laws of Australia and New South Wales.

21. Notices and Addresses for notices

Any notice must be in writing and may be given by sending it by prepaid post to the last known address of the addressee or to the receiver, liquidator or administrator (if any) appointed to manage or wind up the affairs of the party to whom such receiver, liquidator or administrator has been appointed. Any notice so sent shall be taken to have been given two working days after it was posted.

22. Transfer

This contract is not transferable by the Customer without Magnifica's prior written consent.

23. Prevalence of agreement

This contract contains the whole agreement between the parties and supersedes all agreements, if any, previously entered into by them in respect to the goods. This contract may be modified only in writing duly signed by the authorised officers of the parties.