Terms & Conditions

1.  Agreement to Terms

1.1  This website is operated by Magickbox. Throughout the site, the terms “we”, “us” and “our” refer to Magickbox. Magickbox offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.  

1.2  The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.  
1.3  We reserve the right, as set out in Section 7, to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website at any time. 
1.4  We may update or change the Site, as set out in Section 7, from time to time to reflect changes to our products, our users’ needs and/or our business priorities. 
1.5  Our site is primarily directed to people residing in the United Kingdom. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.   
1.6  The Site is intended for users who are at least 18 years old.  If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental/legal guardian permission. 
1.7  Additional policies which also apply to your use of the Site include:  
  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.  
  • Our Cookie Policy, which sets out information about the cookies on the Site.
  • Our Delivery and Returns Policy, which forms an additional part to our Supply of Goods set out in Section 2.

2.  Supply of Goods

2.1  By placing an order you are entering a contract with us and agreeing to purchase and receive a product subject to the entirety of our Terms and Conditions.
2.2  Once an order is placed, you will receive an e-mail confirming the receipt of your order. This email does not constitute acceptance of your order. All orders are subject to availability which will be confirmed upon receipt of shipping confirmation. In the instance of your order becoming unavailable we will notify you as soon as possible after the order was placed.
2.3  Dispatch times may vary according to availability. Any date of delivery specified by us is an estimate only. Time for delivery shall not be of the essence of the contract and we shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of goods. Please see our Delivery page for further information.
2.4  Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. We reserve the right to make modifications to our site as set out in Section 7.
2.5  We reserve the right to refuse any orders that may be placed based on information on the website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
2.6  Whilst we have made every effort to display as accurately as possible the colors and images of our products that appear on our store, we cannot guarantee that your computer monitor’s display of any color will be accurate.
2.7  Whilst we have made every effort to display accurate information, all sizes listed are an approximation.
2.8  We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment information, and/or orders that use the same billing and/or shipping address.
2.9  We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from force majeure. Please see Section 8 for more information.
2.10  We reserve the right to refuse the return of any goods that do not meet the terms set out in our Returns Policy.
2.11  We agree to uphold the following Terms and Conditions after an order has been placed and offer you the following customer rights:
  • to be provided with agreed upon and paid for good or services or promptly notified of their unavailability
  • to be informed about any changes to ordered goods or services
  • to have access to our Terms and Conditions
  • to withdraw from the contract before goods have been shipped in accordance with our Cancellation Policy
  • to return any goods in accordance with our Returns Policy
  • to raise any issues or complaints you may have according to our complaints procedure

2.12  Once entering a contract with us you agree to the following customer responsibilities:

  • to be at least 18 years old or have the permission from a parent/legal guardian
  • to pay for the ordered goods or services
  • to have permission from the payment account holder
  • to provide Magickbox with current, complete and accurate information to allow us to uphold our obligations
  • to promptly update or notify us of any incomplete or inaccurate information
  • to withdraw from the contract in accordance with our Cancellation Policy
  • to return any goods in accordance with our Returns Policy

3.  Acceptable Use 

3.1  You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  
3.2  As a user of this Site, you agree not to:  
  • Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us  
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses  
  • Use the Site to advertise or sell goods and services  
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use  
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords  
  • Make improper use of our support services, or submit false reports of abuse or misconduct  
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools  
  • Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site  
  • Attempt to impersonate another user or person, or use the username of another user  
  • Sell or otherwise transfer your profile  
  • Use any information obtained from the Site in order to harass, abuse, or harm another person  
  • Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise  
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site  
  • Attempt to access any portions of the Site that you are restricted from accessing  
  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users  
  • Delete the copyright or other proprietary rights notice from any of the content  
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code  
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism  
  • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools  
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site  
  • Use the Site in a manner inconsistent with any applicable laws or regulations  
  • Threaten users with negative feedback or offering services solely to give positive feedback to users  
  • Misrepresent experience, skills, or information about a User  
  • Advertise products or services not intended by us 
  • Falsely imply a relationship with us or another company with whom you do not have a relationship
  • Use our products for any illegal or unauthorized purposes
  • Publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

4.  Content you provide to us  

4.1  There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.    
4.2  In posting User Content, including reviews or making contact with other users of the Site you shall comply with Section 3 on Acceptable Use.    
4.3  You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty. 
4.4  We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.  
4.5  We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values 
4.6  If you wish to complain about User Content uploaded by other users please contact us at enquiries@magickbox.co.uk.   

5.  Our content 

5.1  Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.   
5.2  Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 
5.3  Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.   
5.4  You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded. 
5.5  We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.  
5.6  The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.  
5.7  Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.  

6.  Site Management  

6.1  We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.  
6.2  We do not guarantee that the Site will be secure or free from bugs or viruses. 
6.3  You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software. 

7.  Modifications to and availability of the Site  

7.1  We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
7.2  We reserve the right to update, change or replace any part of our Terms and Conditions by posting updates and/or changes to our website at any time. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site following any changes represents that you have accepted such changes    
7.3  We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases. 
7.4  There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
7.5  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

8.  Disclaimer/Limitation of Liability  

8.1  The Site, Services and all Goods and services delivered to you through the service are provided on an as-is and as-available basis. You agree that your use of the Site, Goods and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site, Services and Goods and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
8.2  We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
8.3  In no case shall Magickbox, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, 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, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any loss or damage of any kind incurred as a result circumstances set out in Section 8.2, even if advised of their possibility.
8.4  Our responsibility for loss or damage suffered by you:
  • Please note that we only provide our Site and Goods for domestic and private use. You agree not to use our Site and products for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
  • You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services/Goods. Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £500 or (b) the amount paid, if any, by you to us for the Services/Site/Goods during the six (6) month period prior to any cause of action arising.

9.  Term and Termination  

9.1  These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at enquiries@magickbox.co.uk.  
9.2  Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.  
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.  
9.3  If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.   

10.  General      

10.1  Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  
 
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  
 
10.2  These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us. 10.3  Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.   
10.4  We may assign any or all of our rights and obligations to others at any time.   
10.5  We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.   
10.6  If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.  
10.7  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services. 
10.8  A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.      
10.9  These Terms and Conditions, their subject matter and their formation, are governed by Scottish law. You and we both agree that in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts of Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please visit here
10.10  In order to resolve a complaint regarding our goods or services or to receive further information regarding our goods or services, please contact us by email at enquiries@magickbox.co.uk.