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Terms and Conditions

 

Terms and Conditions

By using this website, www.megazeal.com (“the website”), you are deemed to accept the following Terms and Conditions (“Conditions”) Conditions relating to your use of the website Conditions relating to the purchase of products by you on the website Conditions relating to your use of the website.



Disclaimer



This website is operated by Megazeal Enterprises Limited (“Megazeal”), company number 99181, a company operating in Gibraltar.

Megazeal Enterprises Limited makes no representations or warranties that the content and the provision of the content of this website will always be correct or fault, error and virus free and Megazeal disclaims liability for incorrect content or errors and omissions in this website or its content (whether of legal, typographical, technical or other nature) but endeavours to correct them as quickly as practicable. Access to the website may be restricted to allow for repairs, updates or maintenance. Megazeal Enterprises Limited will not be liable for any data lost or any equipment or software replaced by you as a result of you using this website.

If you believe that any content or advert on the website contains defamatory information, please notify us immediately.

You must not use the website in a way that may or causes interruptions to website access.

Notwithstanding the above, none of the exclusions and limitations are intended to limit any rights you may have as a consumer under local law or other statutory rights, which may not be excluded nor in any way to exclude or limit Megazeal Enterprises Limited liability to you for death or personal injury resulting from our negligence or that of our employees or agents.



Children



Please be aware that our website does not sell goods to persons under the age of 13. Persons under 13 years of age may purchase goods from the website only with adult supervision. Alcohol, age rated products and any potentially hazardous items, such as knives, blades, etc., are sold only to persons aged 21 and over.



Limitation of liability



Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, Megazeal Enterprises Limited shall not be liable directly or indirectly in contract, tort, equity or otherwise for any damage whatsoever in connection with this website or any use of content provided on this website, including any direct, indirect, special, incidental or consequential damage (including but not limited to loss of profits, interest, data, business revenue, business or goodwill).

If you are dissatisfied with any portion of this website, or with any of these Conditions, your sole and exclusive remedy is to discontinue using this website.



User rights and intellectual property rights



You are allowed under a limited and revocable license to access, download, print and make personal use of the content from this website for personal information purposes only. You may not incorporate any content in derivative works, copy, transmit, disclose or otherwise provide content to any third parties outside your business.

All rights in this website and its content, including copyright, design rights, patents, inventions, know-how, database rights, trade marks, source codes and any other intellectual property rights in any of the foregoing are reserved to Megazeal Enterprises Limited and/or their content and technology providers.

You may not remove, change or obscure the Megazeal logo or any notices of proprietary rights on any content of this website.



Megazeal is a trademark registered in the European Union, Australia, New Zealand, Switzerland, Canada, China, India and other territories. Megazeal’s graphics and logos are the trademarks of Megazeal Enterprises Limited. All other trademarks which appear on the website and not owned by Megazeal Enterprises Limited are the property of their respective owners.

Save for the above, no permission is given by Megazeal Enterprises Limited in respect of the use of any of the above intellectual property rights, and such use may constitute an infringement of the holder’s rights.



Links



This website may contain links to other websites solely for your convenience. Megazeal Enterprises Limited does not endorse any linked sites and assumes no responsibility for the contents of any other website to which this website offers links.

You may not link the homepage or any other parts of this website without prior written consent from Megazeal Enterprises Limited.

Alterations

Megazeal Enterprises Limited reserves the right to terminate, suspend or alter the content of this website and to amend these Terms and Conditions of Use at any time.



Continued use of this website after alteration of these Terms and Conditions of Use shall be deemed to constitute acceptance of such alterations.



Submissions



If you offer any comments, you acknowledge that they will not be considered confidentially or proprietary. Megazeal Enterprises Limited will be under no obligation to keep such comments confidential.



Termination



Megazeal Enterprises Limited reserves the right, at its sole discretion, to terminate your use of this website at any time and for any reason, without notice, even if use and access continues to be available or allowed to others and to decline to provide the services to any user that is in breach of these Conditions. You must immediately suspend your use of the website and any continued use shall constitute an act of trespass.

Megazeal Enterprises Limited will also not be liable to you or any third party for any such suspension or termination of your access. Conditions relating to the purchase of products by you



Orders and Contract



Once payment has been received by us, we will confirm that your order has been accepted and dispatched by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

Important: please be advised that you have 24 hours from the time of ordering to change or amend your order.



Prices



Although all efforts are made to check the prices, in the event that our website price is incorrect we will contact you prior to dispatch for your instructions.

You may be required to pay extra for delivery and it may not be possible for us to deliver to some locations.

Cost on all deliveries will be subject to weight.

Please note that delays can occur in customs, and these delays are beyond our control.

The cost of shipping is calculated automatically on the billing page once the delivery destination is confirmed. Please note most orders require a signature on receipt.

Important: Any customs or import duties are levied once the package reaches its destination country. Additional charges for customs clearance must be borne by the recipient. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you may want to contact your local customs office for further information.



Availability of goods and dispatch



Although the website may list the goods as in stock, we cannot be more specific about availability. We will notify you if any goods are unavailable during the processing of your order. Please note that dispatch times may vary depending on availability of the goods.



Tracking your order



We will email you when we dispatch your order where we will give you a note of the carrier’s consignment number where appropriate. Alternatively you can check the dispatch in My Account/Orders.

If the expected delivery date has been exceeded and you have still not received your order, please contact us via email and we will investigate this matter with our couriers. Please note that we can only entertain claims for lost items within 30 days of dispatch.

We shall have no liability to you unless you notify us of the problem within 45 days of the date on which you ordered the goods. If you notify us, our only obligation will be, at your option: To make good any shortage or non-delivery; To refund to you the amount paid by you for the goods not received in whatever way we choose.



Delivery of goods to you



We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order, except where the goods are not in stock.

You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.



Cancellation by us



We reserve the right to cancel the contract between us if: We have insufficient stock to deliver the goods you have ordered; We do not deliver to your area; or One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.



Limits of liability



Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, Megazeal Enterprises Limited shall not be liable directly or indirectly in contract, tort, equity or otherwise for any damage whatsoever in connection with this website or any use of content provided on this website, including any direct, indirect, special, incidental or consequential damage (including but not limited to loss of profits, interest, data, business revenue, business or goodwill).

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other losses not reasonably foreseeable to both you and us.

Notwithstanding the above, nothing in these Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded.



Communication



We will communicate with you by notices and disclosures on our website and via email. By continuing to use this website you consent to receive from us communications electronically.



Updating your details



If you wish to update any information related to your profile, please use My Account.

General

Events beyond our reasonable control



We will not be held responsible for any delay or failure to comply with our obligations under these Terms and Conditions of Use, if the delay or failure arises from any cause which is beyond our reasonable control, including natural disasters, strikes, lock-outs and without limitation any other industrial disputes, breakdowns of systems or network access, fire, explosion or accident. This does not affect your statutory rights.



Waiver



If you breach any of these Conditions and we take no action, we will still be entitled to use out rights and remedies in any other situation where you breach these Conditions.



Severance



If any provision of these Terms and Conditions of Use is or become invalid, illegal or unenforceable in any respect under the law of any jurisdiction; the validity, legality and enforceability under the law of that jurisdiction of any other provision; and the validity, legality and enforceability under the law of any other jurisdiction of that or any other provision, shall not be affected or impaired in any manner.



Jurisdiction



These Conditions are governed by the laws of Gibraltar and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Conditions will be resolved in accordance with the Gibraltar law, and the Courts of Gibraltar shall have exclusive jurisdiction to resolve any disputes between us.



General jurisdiction disclaimer



This website is targeted at residents of United States of America and Canada only. If you are not a resident of United States of America and Canada, please DO NOT ATTEMPT TO USE THIS WEBSITE.

In listing your place of residence and delivery address in our order form, you are representing to us that you are a resident of Australia. This is a representation on which we rely prior to accepting your offer to purchase our advertised goods and services.



Entire agreement



These Conditions together with our current website prices, delivery details, contact details and privacy policy set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.



Corporate information



Our company number is 99181 and our registered office is at 57/63 Line Wall Road, Gibraltar.

We welcome your views about our website and our Conditions.



Copyright © 2017 Megazeal Enterprises Limited