Website Terms of Use
Terms & Conditions
About these terms
These are our Terms and conditions. You should read them carefully, as they apply to your use of this website and any order you may make. We will request you to accept these Terms and Conditions during the registration and order process.
You will be bound by the details of the Terms and Conditions and the website information which was in place at the time of use of the website or when you placed your order.
Your access to and use of the Show Magic website is subject exclusively to these Terms & Conditions. You are not allowed to use this website for any purpose that is unlawful or prohibited by these Terms & Conditions.
By using this website you agree that you are fully accepting the terms, conditions and disclaimers contained in this notice and terms outlined in other areas of this site. If you do not accept these Terms & Conditions you must immediately stop using this website.
Show Magic reserves the right change these Terms & Conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine if the Terms and Conditions have been changed. If you do not agree to the changes you should not continue to use the website.
We will not be held liable for any loss of goodwill, any economic losses or any special or indirect losses suffered or incurred by that party arising out of or in connection with the Terms and Conditions.
You agree to indemnify and hold Show Magic and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Show Magic arising out of any breach by you of these Terms & Conditions or other liabilities arising out of your use of this website.
Nothing in these Terms & Conditions shall be construed so as to exclude or limit the liability of Show Magic for death or personal injury as a result of the negligence of Show Magic or that of its employees or agents.
If any of these Terms & Conditions should be determined to be invalid, illegal or unenforceable to any extent for any reason by any court of competent jurisdiction then such Term or Condition shall be severed from the remaining terms and the remaining Terms & Conditions shall survive and remain in full force and effect and continue to be binding and enforceable to the fullest extent permitted by law.
If you do not comply with these conditions of sale and we take no action in respect of that non-compliance, our right to take action in the same or a similar situation in the future will not be affected.
Use of this website.
The website is provided on an as is and as available basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Show Magic will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.
Show Magic makes no warranty that the functionality of the website will be uninterrupted. We reserve the right, from time to time, to restrict access to the website to allow essential maintenance or upload new services and/or improvements although we ensure that any interruptions are kept to a minimum.
We make no warranty that this website will be error free or that defects will be corrected. The user acknowledges that information, products and services published on this web site may include inaccuracies and typological errors.
We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on the website. To the extent permitted by applicable law, Show Magic disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We make no warranty that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. We shall not be liable to any person for loss or damage which may arise to computer equipment as a result of using this website.
The opinions expressed on this website are purely those of the website content providers and nothing on the Show Magic website should be taken to constitute advice. Nothing that is written on this site should be relied upon in making, or refraining from making, any decision.
Show Magic reserves the right to change or remove (temporarily or permanently) the website or any part of it, including services or policies, without notice and at our discretion and you confirm that Show Magic shall not be liable to you for any such change or removal.
You must not use the website in any way which will cause or is likely to cause the website to be impaired, damaged or interrupted in any way.
Show Magic reserves the right to refuse access to the website.
Links to third party websites
Show Magic website may include links to third party websites that are controlled and maintained by others. We do not monitor these other websites and we have no control over their content, privacy policies or services. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites and that we do not accept any liability from your use of these other websites.
Copyright
All copyright, trademarks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to Show Magic or otherwise used by Show Magic as permitted by law.
In accessing the website you agree that you will access the content solely for your personal, non-commercial use. You may not link or frame the website or any part of it without our express permission. None of the content may be downloaded, copied, reproduced, published, transmitted, stored, sold or distributed without the prior written consent of Show Magic. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial use only.
Registration and account details
When you register with us you must guarantee that all of the information which you provide is true, accurate and up to date.
You must not impersonate any other person or entity or use a false name or a name which you do not have authority to use.
If any of the information provided subsequently changes you must inform us immediately.
You are wholly responsible for the confidentiality and maintenance of your password and personal account details and any activities that occur under your account. It is important that you keep your personal details and password confidential and secure. If you have any reason to suspect that your password has become known to someone else, has been or is likely to be used without your authorisation you should contact us immediately.
Show Magic shall not be liable to any person for loss or damage which may arise as a result of any failure by you to protect your account details or password.
Our products
Our products are sold subject to their product description and any supporting information such as size, colour and estimated delivery dates. We reserve the right to refuse orders where the product information, price or product promotion has been incorrectly published.
We do make every effort to ensure all of the product information is correct at the time when we upload the product information to the website. However, the information may not be completely accurate at the time that you place an order. When placing an order you must confirm the details of the product before purchasing.
We take all reasonable care to portray our products accurately but pictures are for reference only. Please be aware that the reproduction of colours is dependent on the settings and calibration of your computer monitor or device's screen and they will vary from device to device and from screen to screen. We therefore cannot guarantee that the colours shown will accurately represent the colour of the goods you receive.
If you purchase the same goods at different times or in more than one order, we cannot guarantee that the goods we supply will come from the same batch and be an exact colour match with each other.
All products are subject to availability. We will inform you by email as soon as possible if goods you have ordered are not available. If for any reason beyond our control we are unable to supply any products then you will be offered a full refund or, if available and acceptable to you, substitute items of equivalent price.
All our products comply with appropriate safety and consumer regulations. If a product is recalled for any reason, you will be contacted by email.
Prices
Prices are as set out on this website. It may, from time to time, be necessary to change prices either up or down. We reserve the right to alter prices at any time without prior notice. Any price changes will be confirmed to you when you make an order.
The price for the goods (including, where applicable, any delivery charges) is as set out in the order confirmation. However, extra delivery charges may apply – see ‘EXTRA DELIVERY CHARGES’ clause below.
You must pay in full for the goods (including any applicable delivery charges) at the time of placing your order. Ownership in the goods we supply to you will not pass until we have received all sums due and payable by you for or in connection with the goods, including (where applicable) delivery charges.
Placing an order
When you place an order to purchase a product your order represents an offer to us to purchase a product. A contract is only formed when you receive a copy of your email order confirmation. Any products on the same order which we have not confirmed as accepted in your order confirmation do not form part of the contract.
Show Magic reserves the right to cancel orders, at no cost to you.
Changes to orders
Once you have received confirmation of your order, changes to your order, including the arrangements for delivery or collection, can only be made by contacting us via email or phone. Changes made to your order after the original confirmation may change the delivery date of your order. We will give you an indication of a new estimated delivery date once we have confirmed the changes to your order.
Returns & Exchanges
Every product we stock has to meet the highest standards and are rigorously checked before they are sent out.
But if, for any reason, you need to return a product, we'll ensure the whole process is as simple and speedy as possible.
- Change of Mind returns
We do not accept goods back if you change your mind.
- Faulty/Damaged Goods return
If you have received a faulty or damaged item please contact our customer service for assistance.
Some items cannot be refunded due to health and safety regulations, to see if your product falls under this category please contact us.
Once your item has been approved for a refund/exhange/return, all returned items must be packaged appropriately, include a brief explanatory note with your name, order Number and the reason for the return and sent to: Show Magic.
We strongly advise that all returns are sent via a method of recorded delivery in order to ensure safe receipt.
We cannot be held responsible for any undelivered items.
Your return will be processed within 14 days of receipt, where our admin will contact you directly regarding the issue of either a refund or credit note.
Please allow an additional 3-5 working days (if refund is to be deposited) for the refund to appear in your account.
Delivery Information
Please note that the estimated delivery times are only estimates and cannot be guaranteed.
If you request delivery to a PO Box, it is your responsibility to ensure that your PO Box provider is happy to receive items of this nature to your PO Box.
Deliveries from Fastway Couriers cannot be delivered to a PO Box
Extra Delivery Charges
If your order is returned to us as a result of incorrect provision of address by you when you checkout, your goods can be delivered to you at your correct address however an additional delivery fee will apply. This fee is equivalent to the original delivery fee and is payable by you. You will be contacted via email if this issue arises.
Delays in Delivery
Occasionally the delivery of your goods may be delayed by circumstances outside our control. If for any reason we are unable to deliver the goods or to have them ready for collection within the original approximate timeframe then we will notify you of the delay and new timeframe as soon as possible. If you cannot wait for the goods, you must notify us of cancellation via email. Show Magic cannot accept any liability for any losses you incur (including loss of earnings) or for compensation for perceived inconvenience that may be suffered due to any delay.
Liability disclaimer
Show Magic total liability for any claim howsoever shall not exceed the price of the goods supplied by Show Magic to the customer.
We shall not be liable for any consequential loss whether this arises from a breach of duty in contract or in any other way, save where such liability is imposed upon us by statute.
We cannot accept any liability for a failure to comply with instructions specifically stated on this website.
We will not be responsible for any delay in complying or failure to comply with our obligations under these conditions of sale if that delay or failure is due to any circumstances outside our reasonable control including without limitation fire, flood, acts of terrorism or where we are let down by a supplier.
These conditions of sale are in addition to, and do not affect, your statutory rights as a consumer. They are the only terms and conditions that are applicable to your order.
You may not transfer your rights under the contract between us to any third party without our prior written consent.
Promotion Terms and Conditions
Some of our promotions may only be available to certain customers in certain areas.
All orders are subject to acceptance under Show Magic full terms and conditions.
Offer is valid on full price items only.
Products are subject to availability and lead-times.
Single transactions and one promotional offer per customer only.
We reserve the right to reject any promotional application.
There is no cash alternative in whole or part.
Not to be used in conjunction with any other offer.
Jurisdiction
These Terms and Conditions this website, its content and any contract brought into being as a result of using this site are governed by and construed in accordance with Australian Law and you hereby submit to the exclusive jurisdiction of the courts of Australia.
Legal identity
Anita Fea – Trading as Show Magic.
The site is owned and operated by Anita Fea – Trading as Show Magic, registered in Australia, ABN: 71 066 998 192
Show Magic can be contacted via email admin@showmagic.com.au or by mobile 0407 471 816
