Terms and Conditions

ORDERING INFORMATION

Orders and Pricing

The product items offered on Magnapool.com™ are subject to availability and may be withdrawn at any time. We reserve the right to refuse to accept an order request in whole or in part.

The prices quoted on Magnapool.com™ are in Australian dollars (AUD); retail prices inclusive of Australian government taxes (Incl GST) are for orders within Australia only, and retail prices excluding Australian government taxes (Excl GST) are for overseas orders only. Prices charged will be the prevailing prices at the date of the invoice unless agreed to otherwise in writing. All prices are subject to change or alteration without prior notice. Shipping prices are quoted separately from retail prices and are included in the total price.

Payment Policy

Magnapool.com™ accepts most major credit cards, such as Visa and MasterCard, via our secure online ordering system. This is the quickest and most reliable way to pay for your order. It is 100% SAFE and SECURE. Credit cards are charged when the order is placed and sent out within 1 to 2 business days unless the item is out of stock, in which case you will be notified. Note we do NOT charge your credit card if the stock is unavailable. The merchant name that will appear on your credit card statement is Magnapool.com.

You may also pay by PayPal. Sometimes there may be delays when choosing this method.

Security Policy

When purchasing from Magnapool.com your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre at info@magnapool.com.

Cancellation and Backorders To cancel an order placed, we require at least two working days (Monday to Friday) notice of cancellation prior to the delivery of your goods. This can be done via phone, fax or in an email provided we receive it and acknowledge receipt thereof.

Backorders are accepted but we reserve the right to pass on price increases if applicable. You will be notified in such cases, and have the right to cancel your order.

Returns/Refund Policy

Please choose carefully. We do not normally give refunds if you simply change your mind or make a wrong decision. You can choose between a refund, exchange or credit where goods are faulty, have been wrongly described, or are different to the product purchased on the website (excluding variations in packaging and design or branding). Only unopened products in their original packaging are eligible for refund, exchange or credit.

Customer Service Policy

Magnapool.com is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard delivery timeframes are between 3-10 business days; in the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.

SHIPPING AND DELIVERY POLICY

We deliver products Australia wide and to many international destinations using a third-party shipping company.

Shipping costs are influenced by the size and weight of the product and your location, exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout.

Orders are typically dispatched within 2 business days and shipping times are estimated at between 3-7 business days depending on your location within Australia. International shipping times vary.

Magnapool.com is dedicated to keeping your details private. Any information, we collect in relation to you, is kept strictly secured. We do not pass on/sell/swap any of your personal details with anyone. We use this information to identify your orders, provide you with our monthly newsletter (if applicable) and to personalise your shopping experience with us; that's all. Magnapool.com uses cookies to allow you to login to your account, maintain a shopping cart and to purchase items in your shopping cart. Cookies sent to your computer from Magnapool.com only last while you’re browsing our website. We do not store persistent cookies on your computer. Cookies also allow us to give you a more personalised shopping experience by displaying products that interest you throughout our product pages, thus providing you with a more friendly, interesting and enjoyable shopping experience.

Whenever you use our web site, or any other web site, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its "IP address," and is sent automatically each time you access any Internet site. From a computer's IP address, it is possible to determine the general geographic location of that computer, but otherwise it is anonymous.

We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.

TERMS AND CONDITIONS

1. Acceptance of Terms and Conditions. The Magnapool web site is owned and operated by Magnapool Pty Ltd™ ABN 075 273 004. The objective of the web site is to make available a range of selected therapeutic and beauty products for sale and delivery to anywhere in Australia and to most international locations.

To ensure a secure and protected environment for all users, we have established these Terms and Conditions so you will understand what you can expect from us, and what we can expect from you. To gain entry to any areas of this site, you must agree to be legally bound and to abide by the terms and conditions as outlined below.

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS AND CONDITIONS. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS AND CONDITIONS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

2. Use of the Site. You may use the Site only in accordance with and subject to these Terms and Conditions and the Site's Privacy Policy (the "Privacy Policy"). Once you submit your contact details, you have opted in to receive email communication from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity that infringes the rights of Magnapool or others. Notwithstanding any other rights or restrictions in these Terms and Conditions, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of Magnapool; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

3. Accuracy of Content; Limitations on Quantity. The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate a promotion at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available. If a product offered by us is not as described, your sole remedy is to return it subject to the terms of our return policy.

4. Proprietary Rights. You acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) available on the Site are the property of Magnapool Pty Ltd and/or its affiliates, subsidiaries, or licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials on the Site. Trade marks, copyrights, brand names and products appearing on this website are the property of Magnapool.com ™.

Reference to any products, services or other information by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation therewith by Magnapool Pty Ltd. All trademarks not owned by Magnapool that appear on the Site are the property of their respective owners. Use of the content and materials for any purpose not expressly permitted in these Terms and Conditions is prohibited.

All copyrights, trademarks and other intellectual property rights in the design, layout, wording and concepts of this web site are reserved to Magnapool.com. Any copying of the design, layout, wording, concepts or other unauthorized use will infringe our rights.

5. Images. Magnapool.com ™ displays various images of the items it sells. In some cases we may update our brand or design, but the updated image, brand, or design may not be available, and the older version is used. This is very rare but does happen occasionally. Magnapool shall not be held responsible or accountable for images that have not been updated to match current product brand or design.

6. Links to Third-Party Websites; No Implied Endorsements. This Site may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the availability, accuracy, content, legality, or any other aspect of any linked website. In no event shall any reference to any third party, third party website, or third party product or service be construed as an approval or endorsement by us of that third party, third party website, or of any product or service provided by a third party.

7. Indemnification. By using this Site, you agree to indemnify, hold harmless, and defend Magnapool Pty Ltd, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates (collectively, the "MP Indemnitees") from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Site; (ii) a dispute with a Member; (iii) your breach of the Terms and Conditions; or (iv) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defence of any claim. Magnapool reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the RLL Indemnitees.

8. Disclaimers. Magnapool is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any act or omission by Members of the Site, by Magnapool or by any third party or by any of the equipment or programming associated with or utilized by the Site.

Magnapool assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any other Member communications. Magnapool is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to Member's or other person's computer related to or resulting from participation on or through the Site.

THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, MAGNAPOOL DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability. IN NO EVENT SHALL MAGNAPOOL, ITS PARENT, SUBSIDIARIES, DIVISIONS, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY MAGNAPOOL, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF MAGNAPOOL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MAGNAPOOL, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO MAGNAPOOL IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL MAGNAPOOL, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF MAGNAPOOL.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.

10. Magnapool Affiliates. Magnapool is not affiliated with websites or third parties that sell or advertise our products without a written agreement with us. Magnapool reserves the right to void all service, return, and other policies for orders and Magnapool products that were purchased through unauthorized sellers. Magnapool is not responsible for any representations by unauthorized sellers.

11. Unavailability of Site; Termination; Fraud. We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. In addition, the Site may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site or your account or membership, for any reason, including without limitation, breach of these Terms and Conditions. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms and Conditions or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

12. Orders

(a) Products and Ordering. The products items offered on Magnapool.com™ are subject to availability and may be withdrawn at any time. We reserve the right to refuse to accept an order request in whole or in part.

(b) Pricing. The prices quoted on Magnapool.com™ are in Australian dollars (AUD); retail prices inclusive of Australian government taxes (Incl GST) are for orders within Australia only, and retail prices excluding Australian government taxes (Excl GST) are for overseas orders only. Prices charged will be the prevailing prices at the date of the invoice unless agreed to otherwise in writing. All prices are subject to change or alteration without prior notice. Shipping prices are quoted separately from retail prices and are included in the total price.

(c) Payment. Magnapool.com.™ accepts most major credit cards via our secure online ordering system. Credit cards are charged when the order is placed. Note we do NOT charge your credit card if the stock is unavailable. The merchant name that will appear on your credit card statement is Magnapool.com.

You may also pay by PayPal. Sometimes there may be delays when choosing this method.

(d) Cancellation of Orders; Backorders. To cancel an order placed, we require at least two working days (Monday to Friday) notice of cancellation prior to the delivery of your goods. This can be done via phone, fax or in an email provided we receive it and acknowledge receipt thereof.

Backorders are accepted but we reserve the right to pass on price increases if applicable. You will be notified in such cases, and have the right to cancel your order.

13. Shipping, Ownership and Risk.

Magnapool Pty. Ltd. is not responsible for damage or loss of goods in transit. It is the responsibility of the purchaser to arrange and pay for transit insurance if required. All risk in the goods will pass to the Purchaser when the goods leave the Company’s store or warehouse, regardless of how delivery is affected.

The Purchaser agrees that ownership of the goods will not pass to the Purchaser until the goods to which the invoice relates, and all other goods supplied by the company to the Purchaser, have been paid for in full.

The Purchaser must not sell the goods for value to a third party and any right to bind the company to any liability to any third party by contract or otherwise is however expressly negatively.

14. Purchaser Rights and Obligations. We reserve the right to alter all or any specifications without prior notice, and will not allow a claim for costs incurred to the Purchaser by such change or changes.

The Purchaser must not use the company’s intellectual property including but not limited to trade marks, logos and images without the company’s written permission.

Pursuant to the privacy act 1988, the Purchaser and/or Guarantor authorize the Company to obtain, hold and store any credit information concerning the Purchaser and/or Guarantor and will not release such information to any third party.

15. Choice of Law and Forum. These Terms and Conditions and any dispute of any sort that might arise between you and Magnapool or its parent, subsidiaries, divisions, or affiliates shall be governed by and construed in accordance with Australian law, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, as amended from time to time. Any action brought to enforce this Agreement or matters related to the Site will be brought in Australian courts; provided, however, that notwithstanding anything contained in these Terms and Conditions to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against Magnapool Pty Ltd, its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms and Conditions. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

16. Miscellaneous. Unless otherwise specified herein, these Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Magnapool with respect to the Site and supersede all prior or contemporaneous communications, proposals and agreements (whether oral, written or electronic) between you and Magnapool with respect to the Site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The failure of Magnapool to act with respect to a breach by you or others does not waive Magnapool's right to act with respect to subsequent or similar breaches. Magnapool's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Magnapool without restriction.

The section headings contained in these Terms and Conditions are included for convenience only and shall not limit or otherwise affect the terms of these Terms and Conditions.

Last Updated: March 21, 2010