Terms of Service

Effective Date: 8th September 2024

Welcome to Magnis Direct!

The terms and conditions as set out herein (“Terms”) constitute an agreement between Magnis Direct Limited (“Company”, “we”, “us” or “our”), which manages and operates the  Magnis Direct and any natural or legal person who accesses and/or uses Magnis Direct in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on Magnis Direct.

Definitions:

  • User: any natural or legal person who uses the website and/or uses Magnis Direct in any manner.
  • Terms of Use: The terms 'Terms of Service' and 'Terms of Use' are deemed synonymous and interchangeable. They collectively refer to the contractual agreement governing terms of Magnis Direct.
  1. About the Magnis Direct

The following constitutes “Services”

The business operated by Magnis Direct Limited shall be classified as an e-commerce retail business, specifically in the consumer goods retail sector. The business shall primarily operate online, selling various items, such as headphones, phone accessories and monitors, directly to consumers.

  1. Acceptance of Terms

This agreement, including all terms and conditions herein, shall govern all transactions conducted through this website, as well as any purchases made offline, through other sales channels, or via third-party platforms, involving products or services offered by Magnis Direct Limited. By engaging in any transaction with Magnis Direct Limited, whether through this website or otherwise, you agree to be bound by these terms and conditions.

Please read the Terms of Services carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Services when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Terms of Sale, our Cookies Policy, and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, our Terms of Sale, our Cookies Policy, and our Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

  1. Changes to the terms and Services

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page when you access this Website so you are aware of any changes, as they are binding on you.

  1. Accessing the website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.

Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  1. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by the United States, and United Kingdom and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
  • You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: Business@magnisdirect.com (Email of the Support team of Magnis Direct).

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Electronic Communications:

  • Legal Satisfaction

When you visit MagnisDirect.com or send emails to us, you are communicating with us electronically.

  • Consent

By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. COPYRIGHT

Copyright Protection

All content featured on MagnisDirect.com, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the proprietary intellectual property of Magnis Direct or its content suppliers. This content is safeguarded by copyright laws of the United Kingdom, the United States, and international jurisdictions. The compilation of all content on this site is exclusively owned by MagnisDirect.com and is similarly protected by U.S., UK, and international copyright laws. Furthermore, all software utilized on this site belongs to Magnis Direct or its software suppliers and is protected under the copyright laws of the United States and international jurisdictions.

  1. TRADEMARKS
    • Protected Marks

The trademark or trade dress of MagnisDirect.com is owned by Magnis Direct or its subsidiaries in the UK and various other countries.

  • Protected Graphics

All graphics, logos, page headers, button icons, scripts, and service names on MagnisDirect.com are trademarks or trade dress of Magnis Direct or its subsidiaries. These trademarks and trade dress may not be used in connection with any product or service not provided by MagnisDirect.com in a manner likely to confuse customers, or in any way that disparages or discredits Magnis Direct. Any other trademarks appearing on this site that are not owned by Magnis Direct or its subsidiaries are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Magnis Direct or its subsidiaries. All trademarks used on the site, including protected graphics, are owned by Magnis Direct.

  1. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
  • Nature of the content

Visitors to MagnisDirect.com may post reviews, comments, and other content, send e-cards and other communications; and submit suggestions, ideas, and comments. questions or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam.

  • Rights owned

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that the use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Magnis Direct or its affiliates for all claims resulting from content you supply. MagnisDirect.com has the right but not the obligation to monitor and edit or remove any activity or content. Magnis Direct takes no responsibility and assumes no liability for any content posted by you or any third party.

  1. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

  1. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
  1. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. Changes on the website:

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

  1. Online Purchases and other Terms and Conditions

All purchases through our site or other transactions for the sale of goods or services or information formed through the Website or as a result of visits made by you are governed by our Terms of Sale https://magnisdirect.com/pages/returns-policy (Hyperlink of the terms of Sale) , which are hereby incorporated into these Terms of Use.

  1. Linking to the website and Social Media Features

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We may require the removal of a link to our website. Any link removal request must be completed within 24 hours of delivery.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
  • You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
  • The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

  1. Links to third-party websites

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Geographical Restrictions

The Company, headquartered in the United Kingdom, operates a website internationally. Access to the Website may be prohibited by certain individuals or in certain countries. Should you choose to access the Website from outside the United Kingdom, you do so at your own discretion and assume responsibility for adhering to local laws and regulations.

  1. Disclaimer and Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Identification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

  1. Applicable law

All matters pertaining to the Website and these Terms of Use, including any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be subject to arbitration and governed by English law.

  • Arbitration

Any dispute arising from your visit to MagnisDirect.com or concerning products purchased through Magnis Direct shall be resolved through confidential arbitration in [London], with the arbitrator chosen by Magnis Direct. Arbitration proceedings will adhere to the prevailing rules of the London Chamber of Arbitration and Mediation (LCAM).

Prior to commencing arbitration proceedings, it is a prerequisite to dispatch a dispute resolution letter via electronic mail to the designated address. Should the dispute remain unresolved after a period of 14 working days, the aggrieved party may proceed with arbitration.

It is understood that any claim must be brought within a maximum period of two years. In no event shall our liability exceed the greater of $10,000 or the total price paid over the preceding twelve months for the goods and services purchased by the customer.

  • The finality of Arbitration

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

  1. Limitation on time to File Claims

Any cause of action or claim arising from or related to these Terms of Use or the use of the website must be raised within 2 years from when the cause of action accrues. Failure to do so within this timeframe shall result in the permanent barring of such cause of action or claim

  1. Payment terms

By proceeding with the payment via Shopify Payments, the user acknowledges and agrees to be bound by the terms of service and privacy policy of Shopify. The user understands that the transaction is subject to Shopify's terms of use governing payment processing.

All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices may not include taxes or charges for shipping and handling. Shipping charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are at our sole discretion, and payment must be received before we accept an order. We accept Manual bank transfer and wire transfer for all purchases. By making a payment, you represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you will pay the charges incurred at the posted prices, including all applicable taxes, if any. We reserve the right to request further information at our discretion and do not accept payments from individuals or entities not paying from an account in their own name. Such transactions will incur an administration fee of £20/$30/€25.

  1. Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Entire Agreement

The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and Magnis Direct with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

Unless otherwise agreed upon by an authorized representative of Magnis Direct, the Terms of Service, Terms of Sale, and Privacy Policy constitute the sole agreements between you and Magnis Direct. Any modifications to these terms must be communicated in writing by an authorized representative of Magnis Direct.

  1. Any Concerns and Queries

Please send any correspondence to 3rd Floor, 86-90 Paul Street, London, United Kingdom, EC2A 4NE (Address of Magnis Direct).

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to Business@magnisdirect.com (Email of MagnisDirect.com).