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Terms and Conditions

TERMS AND CONDITIONS

These terms and conditions (the "Terms and Conditions") govern the use of www.purelymagicalcreations.com.au (the "Site"). This Site is owned and operated by Purely Magical Creations. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

All customers and visitors of Purely Magical Creations agree to the following disclaimers:

  • Crystal healing information is provided for fun and metaphysical education. It cannot be used as a substitute to medical treatment.
  • Purely Magical Creations is not a medical practise and does not claim to treat any illnesses of body or mind.
  • All customers or visitors to Purely Magical Creations assume personal responsibility for their experimental use of crystals in their healing practices and everyday practices.
  • Healing crystals are collectables and entertainment items. They are not a replacement for medical care from a licensed health or mental health professional.
  • All visitors of this website assume any and all risks associated with using information it contains to hold harmless Purely Magical Creations, its owners, employees, agents and/or volunteers from any and all claims, demands, causes of actions, liability, loss, damage, and/or injury that may occur out of the use of this website.

Intellectual Property
All content published and made available on our Site is the property of Purely Magical Creations and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Harass or mistreat other users of our Site;
  • Violate the rights of other users of our Site;
  • Violate the intellectual property rights of the Site owners or any third party to the Site;
  • Hack into the account of another user of the Site; or
  • Act in any way that could be considered fraudulent.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.

The following goods are available on our Site:

  • Jewellery;
  • Home Decor; and
  • Accessories.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments
We accept the following payment methods on our Site:

  • Credit Card;
  • PayPal;
  • Debit;
  • Direct Debit; and
  • Afterpay.

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:

  • Standard delivery by post. Delivery takes 5 to 14 business days;
  • Express delivery by post. Delivery takes 1-5 business days; or
  • Local pick up.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and public holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Refunds
Refunds for Goods
Refund requests must be made within 15 days after receipt of your goods.

We accept refund requests for goods sold on our Site for any of the following reasons:

  • Good is broken; or
  • Good does not match description.

Refunds do not apply to the following goods:

  • Sale items; and
  • Change of mind.

Returns
Returns can be made by mail. To return a good by mail, follow the following procedure:
Contact us for return postal address. Pack your goods. Go to nearest post office and pay the necessary postage.

Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability
Purely Magical Creations and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Purely Magical Creations and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of the State of Queensland.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

______________________________________
info@purelymagicalcreations.com.au
______________________________________

You can also contact us through the feedback form available on our Site.

Effective Date: 7th day of April, 2023

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