Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE

About the Website
- (a) Welcome to www.electricalmagic.com.au (the ‘Website’). The Website provides you with an opportunity
  to browse and purchase various products that have been listed for sale through the Website (the
  ‘Products’). The Website provides this service by way of granting you access to the content on the
  Website (the ‘Purchase Services’).
- (b) The Website is operated by Electrical Magic(ABN 31147431623). Access to and use of the Website, or
  any of its associated Products or Services, is provided by Electrical Magic. Please read these terms and
  conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that
  you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you
  must cease usage of the Website, or any of Services, immediately.
- (c) Electrical Magic reserves the right to review and change any of the Terms by updating this page at
  its sole discretion. When Electrical Magic updates the Terms, it will use reasonable endeavours to
  provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the
  date of their publication. Before you continue, we recommend you keep a copy of the Terms for your
  records.
Acceptance of the Terms
- (a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to
  accept or agree to the Terms where this option is made available to you by Electrical Magic in the user
  interface.
Registration to use the Purchase Services
- (a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the
  registration process, or as part of your continued use of the Purchase Services, you may be required to provide
  personal information about yourself (such as identification or contact details), including:
  - (i) Email address
  - (ii) Preferred username
  - (iii) Mailing address
  - (iv) Telephone number
  - (v) Password
- (b) You warrant that any information you give to Electrical Magic in the course of completing the registration
  process will always be accurate, correct and up to date.
- (c) Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and
  agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
- (d) You may not use the Purchase Services and may not accept the Terms if:
  - (a) you are not of legal age to form a binding contract with Electrical Magic; or
  - (b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries
    including the country in which you are resident or from which you use the Purchase Services.
Your obligations as a Member
- (a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that
  are permitted by:
  - (i) the Terms;
  - (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  - (iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use
    of your password by any other person may result in the immediate cancellation of the Purchase Services;
  - (iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You
    agree to immediately notify Electrical Magic of any unauthorised use of your password or email address or any breach
    of security of which you have become aware;
  - (v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for
    the purposes of Electrical Magic providing the Purchase Services;
  - (vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes
    collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or
    unauthorised framing of or linking to the Website;
  - (vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from
    the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be
    taken by Electrical Magic for any illegal or unauthorised use of the Website; and
  - (viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
Purchase of Products and Returns Policy
- (a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the
  purchase price listed on the Website for the Product (the ‘Purchase Price’).
- (b) Payment of the Purchase Price may be made through Paypal (the ‘Payment Gateway Provider ‘). In using the
  Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable
  Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway
  Providers.
- (c) Following payment of the Purchase Price being confirmed by Electrical Magic, you will be issued with a receipt
  to confirm that the payment has been received and Electrical Magic may record your purchase details for future use.
  (d) Electrical Magic may, at their sole discretion, provide a refund on the return of the Products within 14 days
  where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are
  liable for any postage and shipping costs associated with any refund pursuant to this clause.
Warranty
- (a) Electrical Magic’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You
  are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably
  foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to
  be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
- (b) You may make a claim under this clause (the ‘Warranty Claim ‘) for material defects and workmanship in the
  Products within 1 year from the date of purchase (the ‘Warranty Period’).
- (c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Electrical
  Magic showing the date of purchase of the Products, provide a description of the Products and the price paid for the
  Products by sending written notice to Electrical Magic at Unit 16 316 Brisbane Rd, Arundel, Queensland, 4214 or by
  email at theoffice@electricalmagic.com.au.
- (d) Where the Warranty Claim is accepted then Electrical Magic will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be
  solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
- (e) The Warranty shall be the sole and exclusive warranty granted by Electrical Magic and shall be the sole and
  exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which
  this warranty relates.
- (f) All implied warranties including the warranties of merchantability and fitness for use are limited to the
  Warranty Period.
- (g) The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set
  forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been
  subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
Delivery
- (a) You acknowledge that the Purchase Services offered by Electrical Magic integrate delivery (the ‘ Delivery
  Services’) through the use of third party delivery companies (the ‘ Delivery Service Providers’).
- (b) In providing the Purchase Services, Electrical Magic may provide you with a variety of delivery and insurance
  options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that
  Electrical Magic is not the provider of these delivery and insurance options and merely facilitates your interaction
  with the Delivery Service Providers in respect to providing the Delivery Services.
- (c) In the event that an item is lost or damaged in the course of the Delivery Services, Electrical Magic asks that
  you:
  - (i) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options
    available; and
  - (ii) contact us by sending an email to theoffice@electricalmagic.com.au outlining in what way the Products were
    damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase
    Services.
Copyright and Intellectual Property
- (a) The Website, the Purchase Services and all of the related products of Electrical Magic are subject to copyright.
  The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are
  reserved by Electrical Magic or its contributors.
- (b) Electrical Magic retains all rights, title and interest in and to the Website and all related content. Nothing
  you do on or in relation to the Website will transfer to you:
  - (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or
    copyright of Electrical Magic; or
  - (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or
  modification of such a system or process).
- (c) You may not, without the prior written permission of Electrical Magic and the permission of any other relevant
  rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public,
  adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to
  materials on the Website, which are freely available for re-use or are in the public domain.
Privacy
- (a) Electrical Magic takes your privacy seriously and any information provided through your use of the Website
  and/or the Purchase Services are subject to Electrical Magic’s Privacy Policy, which is available on the Website.
General Disclaimer
- (a) You acknowledge that Electrical Magic does not make any terms, guarantees, warranties, representations or
  conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
- (b) Electrical Magic will make every effort to ensure a Product is accurately depicted on the Website, however, you
  acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
- (c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or
  imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited
  or excluded.
- (d) Subject to this clause, and to the extent permitted by law:
  - (i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms
    are excluded; and
  - (ii) Electrical Magic will not be liable for any special, indirect or consequential loss or damage (unless such loss
    or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of
    profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these
    Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase
    Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or
    otherwise.
- (e) Use of the Website, the Purchase Services, and any of the products of Electrical Magic (including the Delivery
  Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Electrical
  Magic, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None
  of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors
  of Electrical Magicincluding any third party where the Delivery Services are made available to you) make any express
  or implied representation or warranty about its Content or any products or Purchase Services (including the products
  or Purchase Services of Electrical Magic) referred to on the Website. This includes (but is not restricted to) loss
  or damage you might suffer as a result of any of the following:
  - (i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in
    operation or transmission, computer virus or other harmful component, loss of data, communication line failure,
    unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  - (ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its
    Content related products (including third party material and advertisements on the Website);
  - (iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
  - (iv) the Content or operation in respect to links which are provided for the User’s convenience;
  - (v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
  - (vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials
    relating to or constituting such conduct.
Limitation of Liability
- (a) Electrical Magic’s total liability arising out of or in connection with the Purchase Services or these Terms,
  however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will
  not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase
  Price, then the total liability of Electrical Magic is the resupply of information or Purchase Services to you.
- (b) You expressly understand and agree that Electrical Magic, its affiliates, employees, agents, contributors, third
  party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special
  consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.
  This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of
  goodwill or business reputation and any other intangible loss.
- (c) Electrical Magic is not responsible or liable in any manner for any site content (including the Content and
  Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by
  users of the website of Electrical Magic, by third parties or by any of the Purchase Services offered by Electrical
  Magic.
- (d) You acknowledge that Electrical Magic does not provide the Delivery Services to you and you agree that
  Electrical Magic will not be liable to you for any special, indirect or consequential loss or damage, loss of profit
  or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
Termination of Contract
- (a) The Terms will continue to apply until terminated by either you or by Electrical Magic as set out below.
- (b) If you want to terminate the Terms, you may do so by:
  - (i) notifying Electrical Magic at any time; and
  - (ii) closing your accounts for all of the Purchase Services which you use, where Electrical Magic has made this
    option available to you.
- (c) Your notice should be sent, in writing, to Electrical Magic via the ‘Contact Us’ link on our homepage.
- (d) Electrical Magic may at any time, terminate the Terms with you if:
  - (i) you have breached any provision of the Terms or intend to breach any provision;
  - (ii) Electrical Magic is required to do so by law;
  - (iii) the partner with whom Electrical Magic offered the Purchase Services to you has terminated its relationship
    with Electrical Magic or ceased to offer the Purchase Services to you;
  - (iv) Electrical Magic is transitioning to no longer providing the Purchase Services to Users in the country in which
    you are resident or from which you use the service; or
  - (v) the provision of the Purchase Services to you by Electrical Magic is, in the opinion of Electrical Magic, no
    longer commercially viable.
- (e) Subject to local applicable laws, Electrical Magic reserves the right to discontinue or cancel your membership
  to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the
  Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if
  your conduct impacts Electrical Magic’s name or reputation or violates the rights of those of another party.
- (f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Electrical
  Magic have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or
  which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this
  clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Indemnity
- (a) You agree to indemnify Electrical Magic, its affiliates, employees, agents, contributors, third party content
  providers and licensors from and against:
  - (i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a
    full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the
    Website;
  - (ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so
    and any breach by you or your agents of these Terms; and/or
  - (iii) any breach of the Terms.
Dispute Resolution
- (a) Compulsory:
  If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings
  in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory
  relief is sought).
- (b) Notice:
  A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the
  other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- (c) Resolution:
  On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
  - (i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such
    other means upon which they may mutually agree;
  - (ii) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the
    Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the
    President of the Australian Mediation Association or his or her nominee;
  - (iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of
    the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a
    pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  - (iv) The mediation will be held in Gold Coast, Qld, Australia.
- (d) Confidential:
  All communications concerning negotiations made by the Parties arising out of and in connection with this dispute
  resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations
  for the purpose of applicable laws of evidence.
- (e) Termination of Mediation:
  If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
- (a) The Purchase Services offered by Electrical Magic is intended to be viewed by residents of Australia. In the
  event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving
  any dispute shall be in the courts of Queensland, Australia.
Governing Law
- (a) The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed,
  interpreted and construed by, under and pursuant to the laws of Queensland Australia, without reference to conflict
  of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The
  Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
- (a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties
  having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy
  on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance
- (a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part
  shall be severed and the rest of the Terms shall remain in force.

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