Terms of Service
This page mirrors the Terms of Service from magracia.com. Purchases on this site are completed on Etsy, where Etsy's own terms also apply at checkout.
Overview
Welcome to Magracia! The terms "we", "us" and "our" refer to Magracia. Magracia operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.
Section 1 - Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
Section 2 - Our Products
We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to device settings. We do not warrant that the appearance or quality of any products or services purchased will meet your expectations or be the same as depicted. All descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region or jurisdiction, on a case-by-case basis.
Section 3 - Orders
When you place an order, you are making an offer to purchase. Magracia reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Magracia confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Magracia may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the contact details provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Section 4 - Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. You agree to provide current, complete and accurate purchase, payment and account information, and to promptly update it so we can complete your transactions and contact you as needed.
Section 5 - Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. See our Shipping Policy for delivery windows and customs and duties information.
Section 6 - Intellectual Property
Our Services, including trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Magracia, its affiliates or licensors and are protected by intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Magracia's names, logos, product and service names, designs, and slogans are trademarks of Magracia or its affiliates or licensors.
Section 7 - Optional Tools
You may be provided with access to customer tools offered by third parties, which we neither monitor nor have any control nor input over. We provide access to such tools "as is" and "as available" without warranties of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use is entirely at your own risk and discretion.
Section 8 - Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk. We are not liable for harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites.
Section 9 - Relationship with Shopify
The original Services were powered by Shopify, which enabled us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Magracia. Shopify is not responsible for any aspect of any sales between you and Magracia, including any injury, damage, or loss resulting from purchased products and services.
Section 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Section 11 - Feedback
If you submit ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. You represent that you own or have all necessary rights to all Feedback, and that your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it.
Section 12 - Errors, Inaccuracies and Omissions
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
Section 13 - Prohibited Uses
You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to violate any regulations or laws, to infringe intellectual property rights, to harass, abuse, insult, harm, defame or intimidate any person, to transmit false or misleading information, to send advertising or promotional material including junk mail, chain letters or spam, to impersonate any person or entity, or to engage in conduct that restricts or inhibits anyone's use of the Services. In addition, you agree not to upload viruses or malicious code, reproduce or exploit any portion of the Services, collect or track personal information of others, spam, phish, pharm, or pretext the services, use any robot, spider, scraping or automated means to access the Services, or interfere with or circumvent security or authorization features. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you have violated any part of these Terms.
Section 14 - Agents
This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity. No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with these requirements, and no Agent may access Services if we have requested that it refrain. Agents must, in all HTTP/HTTPS requests, identify that the request is from an Agent by including "Agent/[agent name]" in the user agent string, must not conceal that access is from an Agent, must respond truthfully to questions seeking to determine if interactions are from a human or a computer, and must not circumvent measures intended to block, limit, modify, or control whether and how Agents access the Services.
Section 15 - Termination
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 16 - Disclaimer of Warranties
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Except as expressly stated by Magracia, the Services and all products offered are provided 'as is' and 'as available' without any representation, warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
Section 17 - Limitation of Liability
To the fullest extent provided by law, in no case shall Magracia, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of any of the Services or any products procured using the Services, even if advised of their possibility.
Section 18 - Indemnification
You agree to indemnify, defend and hold harmless Magracia, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
Section 19 - Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 20 - Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written. Any ambiguities in interpretation shall not be construed against the drafting party.
Section 21 - Assignment
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Section 22 - Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Magracia is headquartered. You and Magracia consent to venue and personal jurisdiction in such courts.
Section 23 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 24 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
Section 25 - Contact Information
Questions about the Terms of Service should be sent to us at support@magracia.com.
Our contact information is posted below: Magracia
support@magracia.com
Gulistan-e-Johar Block-13, Karachi
+92 331 8035398