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T&C's

1. Website owner, the offering, and binding of Terms 1.1 This website www.magicalpotions.au is owned and operated by Sara Cohen of Magical Potions. 1.2 This policy sets forth the terms and conditions under which the Users (‘you’ or ‘your’) may use the website (“the site”) and services/products offered by Magical Potions (we, “us” or “our”). 1.3 This website offers visitors hand crafted hair, skin, and body care. 1.4 By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms, noting however that nothing in these Terms and Conditions may limit statutory rights which you have under Australian Consumer Laws. 1.5 Any litigation, claim, arbitration, or other dispute will be dealt with through appropriate mechanisms in the State of NSW, Australia. 1.6 These Terms and Conditions were updated as of September 2022. 2. Scope 2.1 These terms and conditions are a formal agreement between you and us and apply to your use of our Site including the sale of Products offered on the Site to you. 2.2 By using the Site to browse, comment, place an order or buy Products from us, you will be deemed to have read and accepted all the terms and conditions contained in this agreement.   2.3 Please also review our Privacy Policy, which is listed separately but forms an essential part of these Terms and Conditions and governs your visits to and use of the Site.  3. Who can use your website; what are the requirements to create an account 3.1 To use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. 3.2 You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. 4. Key commercial Terms offered to customers 4.1 The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. 4.2 All prices on the Site are quoted in Australian Dollars. They include GST payable but exclude delivery charges, if applicable. Delivery charges are outlines within section 7. of these Terms & Conditions. ​ 5. Payment method and terms 5.1 All orders must be paid for as part of the ordering process.  5.2 We accept Visa, Mastercard, Amex, and PayPal as methods of payment (hereafter referred to as” Payment Method”) 5.3 You confirm that the Payment Method account being used for payment of goods is yours or that you are authorised to use it. 5.4 Payments may be subject to validation checks and authorisation by the Payment Method provider. 5.5 If the Payment Method provider refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery. 5.6 You will need to ascertain the reason for any payment refusal directly with your Payment Method provider. 5.7 You should note that your Payment Method provider may charge you as a result of our processing your payment in accordance with your order. The Site has no responsibility for such charges. 6.    Delivery 6.1 We will process all orders within 1-2 working days, based on the public holiday calendar for NSW. 6.2 Where there is a delay in the supply of goods, we will advise you as soon as practicable. If the goods cannot be delivered within 14 days of your order, we will notify you of this delay as soon as possible and you may cancel your order or agree an alternate delivery timetable with us. 6.3 While we typically deliver to recognised physical addresses, we can also deliver to other addresses such as PO Boxes and parcel lockers. In any case, the address must be one that our courier service providers are able to deliver to in their normal course of business. In the case of a PO Box, parcel locker or similar address being used, it is the order recipient’s responsibility to ensure the timely collection of goods.  6.4 The delivery address that you have submitted on your order form will be used for delivery purposes. We cannot be held responsible if that delivery address as provided is incorrect. 6.5 We can only deliver to addresses within Australia. 6.6 We will arrange delivery of goods through third party parcel delivery services. 6.7 Any delivery time scales quoted are indicative only. 6.8 Whilst we utilise the services of highly professional and reputable delivery companies, we do not accept any liability for delayed delivery caused by a third party or circumstances beyond our control. 6.9 Goods are made in small batches to ensure quality control and optimal shelf life for customers. Therefore, the time to produce the order may take up to 7 days. 6.10 Goods are dispatched from Sydney. As a guideline, from the time of dispatch goods should generally be delivered within 1-5 days to state capital cities, depending on location. Regional areas typically take longer. Fluctuations may apply, particularly approaching Christmas or during major disruptions such as the Covid-19 pandemic. 6.11 Consignment tracking is available at no additional cost. 7. Delivery Charges 7.1 Delivery is free for all orders over $100 (incl GST) 7.2 Orders up to $100 (incl GST) will be charged a standard flat delivery fee of $10 (incl GST) 7.3 We reserve the right to amend, suspend or cancel the terms of the free delivery arrangement at any time 8. Returns and Exchanges 8.1 You must inspect all Products delivered to you on receipt, but in any event within three days of delivery to you, as determined by package tracking. 8.2 You must within three days of delivery to you notify us of any defect, shortage or other shortcoming in the goods which shall otherwise be deemed to have been delivered in accordance with your order. You may be required to provide photographic evidence in order to help us assess the matter. 8.3 Following assessment, we will replace the goods if we agree to be defective or missing. 8.4 You may otherwise exchange the item for something else, subject to stock availability, or receive a full refund of the price paid (excluding delivery charges). 8.5 The refund can only be made to the Payment Method account used when paying for the order. 8.6 We will email you when the item has been received and will inform you when the credit has been processed. This timeframe aims to be within 14 days of receipt of the goods. 8.7 No refunds will be processed before goods have been delivered back to us and inspected. 8.8 Change of mind purchases are not refundable. ​9. Returns Procedure 9.1 When returning goods, include your order number, full name, and reason for return. 9.2 Please ensure the goods are packed securely, safely and in their original packaging to avoid damage in transit back to us. 9.3 We cannot accept an item for refund if it has been damaged in transit to us. 9.4 We advise you to utilise a delivery service which includes tracking of parcels. 9.5 Please contact Magical Potions via the contact section of this website for the return postal address providing photos of the goods to be returned. 9.6 Items damaged after receipt or non-defective used items will not be exchanged, nor will a refund be made. 9.7 If returning items in an order where the initial order qualified for a free gift but would not have done without the returned items, the free gift must be returned in an unused condition too. In such circumstances, any items returned without the qualifying gift will not be refunded. ​10. Title, Risk and imitation of Liability 10.1 Title of the products will be transferred to you on delivery. 10.2 Once a product has been received by you, all risk of damage to or loss of the items bought by you will pass to you. 10.3 To the full extent allowed by law you accept and agree that the website owner, Sara Cohen and any owners / associates of the Magical Potions business shall not be liable to you or to any other third party for any loss or damage (including attorneys’ fees or consequential or indirect loss or damage), loss of revenue or profits (howsoever described) whether direct or indirectly caused and arising out of your use of our website and from any product that you have purchased through the Magical Potions website. 10.4 To the maximum extent permitted by applicable law, Sara Cohen and Magical Potions assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our services and products; and any unauthorized access to or use of our secure servers and/or any and all personal information stored therein. 10.5 While we try to ensure a safe Site environment, you must take your own security precautions to ensure you are adequately protected against exposure to computer viruses, malicious code or similar occurrences when accessing the Site. ​11. Retention of right to change offering 11.1 We may, without prior notice, change the products offered; stop providing the products for sale or any features of the products we offer; or create order limits for the products. 11.2 We may permanently or temporarily remove products without notice and liability for any reason. ​12. Ownership of intellectual property, copyrights and logos 12.1 The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Sara Cohen. 12.2 Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. ​13. Right to suspend or cancel user account 13.1 We may permanently or temporarily terminate or suspend your access to the Magical Potions website or social media accounts without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. ​14. Right to change and modify Terms 14.1 We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. 14.2 Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. 14.3 If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) to the website or the service. 15. Promotional emails and content 15.1 By providing us with your email address, you agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). 15.2 If you don't want to receive such promotional materials or notices – please just notify us at any time.  ​16. Special Provisions for the sale and redemption of Gift Cards 16.1  Where a Gift Card is purchased on the Website, the terms and conditions applicable to physical products purchased apply to these and, in addition, the following provisions are applicable specifically to Gift Cards 16.2     The Gift Card redemption code should be kept securely. 16.3     In order to make these as flexible and easy to use as possible, usage is not limited to a particular individual, and we accept no responsibility for any unauthorised redemptions of Gift Cards.  16.4     Only Gift Cards purchased from the Website may be redeemed on the Website.  16.5     The Website does not accept gift cards from other issuers. 16.6     Gift Cards may only be redeemed in exchange for Products sold on the Website, including any applicable delivery fees, and are not redeemable for cash 16.7     Where the value of a Gift Card is not exhausted by a purchase made on the Website, any remaining value will remain available for future purchases from the Website, using the same Gift Card code. It may not be redeemed for cash.  16.8     Where a legitimate refund for Products purchased on the Website is approved and full or part-payment for these goods was originally made using a Gift Card, the portion of the value of the refund attributable to the Gift Card will be held as a credit against future purchases.

Privacy Policy

1. Please read carefully Magical Potions cares deeply about the privacy of its visitors and users. To that end, this Privacy Policy (“Privacy Policy”) describes how Magical Potions together with Wix.com Ltd. (“Wix”, “we”, “our”, or “us”), collect, use, and share your Personal Information, as well as an explanation of the data rights you may have in that Personal Information. This Privacy Policy applies to all Magical Potion.au users, including unregistered visitors and registered users, (collectively, “Users”, “you”, or “your”), and to all Magical Potions services, including our websites and any associated applications (including www.wix.com, www.magicalpotions.au and any of its subdomains, the “Website”), web applications (“Magical Potion Apps”), mobile applications (“Mobile Apps”), and related services (collectively, the “Services”). This Privacy Policy is not intended to override the terms of any contract you have with us, nor any rights you may have under other applicable data privacy laws. Prior to accessing or using our Services, please read this policy and make sure you fully understand our practices in relation to your Personal Information. If you read and fully understand this Privacy Policy, and remain opposed to our practices, you must immediately leave and discontinue all use of any of our Services. If you have any questions or concerns regarding this policy, please contact us via the contact section of this website. Summary: This policy describes our privacy practices – what Personal Information we collect about our Users, what we do with it, how we share it, and your rights regarding that Personal Information. By accessing or using any of our Services, you acknowledge that you have read this Privacy Policy. 2. What type of information do we collect We receive, collect, and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile. Summary: To provide our Services, we collect Personal Information about our Users. The Personal Information comes from you when you visit or use our services, Personal Information we collect automatically, and Personal Information we collect from other sources. 3. How do we collect information? When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address, and email address. Your personal information will be used for the specific reasons stated above only. 4. Why do we collect personal information? We collect such Non-personal and Personal Information for the following purposes: To provide and operate the Services. To provide our Users with ongoing customer assistance and technical support. To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages. To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services. To comply with any applicable laws and regulations. Summary: We use the Personal Information we collect about you to provide our services and make them better and safer. We also collect and use Personal Information in order to contact Users and to comply with the laws applicable to us. 5. How do we store, use, share and disclose site visitors' personal information? Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. Summary: We may share the Personal Information of our Users and Users-of-Users with various third parties, including certain service providers and law enforcement officials. The Personal Information may be shared solely in accordance with this policy. 6. How do we communicate with our site visitors? We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail. Summary: We may send you promotional messages and content. You can easily opt-out of receiving promotional messages by contacting us or unsubscribing. We may send you promotional messages and content. You can easily opt-out of receiving promotional messages by contacting us or unsubscribing. We may also contact you with service and billing-related messages and content. You will not be able to opt-out of receiving such messages. 7. How do you we cookies and other tracking tools? Wix uses cookies for important reasons, such as: To provide a great experience for your visitors and customers. To identify your registered members (users who registered to your site). To monitor and analyze the performance, operation and effectiveness of Wix's platform. To ensure our platform is secure and safe to use. 8. Types of Cookies used The information below outlines which cookies are placed on Wix sites: Cookie Name Purpose Duration Cookie Type XSRF-TOKEN Used for security reasons Session Essential hs Used for security reasons Session Essential svSession Used in connection with user login 12 months Essential SSR-caching Used to indicate the system from which the site was rendered 1 minute Essential _wixCIDX Used for system monitoring/debugging 3 months Essential _wix_browser_sess Used for system monitoring/debugging session Essential consent-policy Used for cookie banner parameters 12 months Essential smSession Used to identify logged in site members Session Essential TS* Used for security and anti-fraud reasons Session Essential bSession Used for system effectiveness measurement 30 minutes Essential fedops.logger.X Used for stability/effectiveness measurement 12 months Essential wixLanguage Used on multilingual websites to save user language preference 12 months Functional The following links explain how to access cookie settings in various browsers: Cookie settings in Firefox Cookie settings in Internet Explorer Cookie settings in Google Chrome Cookie settings in Safari (OS X) Cookie settings in Safari (iOS) Cookie settings in Android To opt out of being tracked by Google Analytics across all websites, visit this link: http://tools.google.com/dlpage/gaoptout. Summary: We and certain third-party services may use cookies and similar tracking technologies throughout our services. These technologies are used mostly for stability, security, functionality, performance and advertising purposes. 9. Security Wix has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Services; the transmission of sensitive payment information (such as a credit card number) through their designated purchase forms is protected by an industry standard SSL/TLS encrypted connection; and is regularly maintained by a PCI DSS (Payment Card Industry Data Security Standards) certification. Wix also regularly monitors their systems for possible vulnerabilities and attacks, and regularly seek new ways and Third-Party Services for further enhancing the security of Services and protection of Visitors’ and Users’ privacy. Regardless of the measures and efforts taken by Wix, we cannot and do not guarantee the absolute protection and security of your Personal Information, your Users-of-Users’ Personal Information or any other information you upload, publish or otherwise share with Magical Potions or anyone else. We encourage you to set strong passwords for your User Account and avoid providing us or anyone with any sensitive Personal Information of which you believe its disclosure could cause you substantial or irreparable harm. Summary: Magical Potions values the security of our customers' Personal Information, and we do everything in our power to protect it. However, as we can’t guarantee absolute protection – we encourage you to be careful, set a strong password for your account, and avoid submitting any sensitive information which, if exposed, could cause you major harm. If you have any questions regarding the security of our Services, you are welcome to contact us at contact@magicalpotions.au

Returns Policy

Magical Potions - Returns, Refunds & Exchanges Policy - as per section 8. & 9. of the Terms & Conditions Policy 8. Returns and Exchanges 8.1 You must inspect all Products delivered to you on receipt, but in any event within three days of delivery to you, as determined by package tracking. 8.2 You must within three days of delivery to you notify us of any defect, shortage or other shortcoming in the goods which shall otherwise be deemed to have been delivered in accordance with your order. You may be required to provide photographic evidence in order to help us assess the matter. 8.3 Following assessment, we will replace the goods if we agree to be defective or missing. 8.4 You may otherwise exchange the item for something else, subject to stock availability, or receive a full refund of the price paid (excluding delivery charges). 8.5 The refund can only be made to the Payment Method account used when paying for the order. 8.6 We will email you when the item has been received and will inform you when the credit has been processed. This timeframe aims to be within 14 days of receipt of the goods. 8.7 No refunds will be processed before goods have been delivered back to us and inspected. 8.8 Change of mind purchases are not refundable. 9. Returns Procedure 9.1 When returning goods, include your order number, full name, and reason for return. 9.2 Please ensure the goods are packed securely, safely and in their original packaging to avoid damage in transit back to us. 9.3 We cannot accept an item for refund if it has been damaged in transit to us. 9.4 We advise you to utilise a delivery service which includes tracking of parcels. 9.5 Please email via the contact section of this website for the return postal address providing photos of the goods to be returned. 9.6 Items damaged after receipt or non-defective used items will not be exchanged, nor will a refund be made. 9.7 If returning items in an order where the initial order qualified for a free gift but would not have done without the returned items, the free gift must be returned in an unused condition too. In such circumstances, any items returned without the qualifying gift will not be refunded.

Wholesale

ORDERING: Please contact Sara from Magical Potions if you would like to stock Magical Potions in your storefront or online store. We will review and reply to your application within 10 business days. Once approved, you will be emailed your exclusive wholesale ordering code. APPROVED RETAILERS: All retailers must maintain a physical storefront and/or online business. Our range is not to be sold on third party websites (ebay/amazon). Our range is available for customers in Australia and are not to be shipped internationally due to insurance restrictions. HOW TO ORDER: Add the products you would like to the cart ensuring you are meeting our minimum order spend which is to be the minimum total after the wholesale discount has been applied. The wholesale price will show when you add your exclusive promo code. ORDER REQUIREMENTS: We have a minimum order spend per order to qualify for our wholesale discount of full priced products. Wholesale prices are not applicable for sale items. STOCK: Some of our range is made to order to ensure maximum shelf life. Therefore, our standard turnaround time is 3 weeks. If a product you are after is out of stock, contact us and we can give you more information on re-stocks. PRODUCT TESTERS: Testers are to be purchased at the standard wholesale price along with your order. PRODUCT SAMPLES: If you wish to sample products before your opening order, you can do so at the standard website price. WHOLESALE PRICING: All prices are listed in AUD dollars and include GST. You can access all pricing once your account has been approved. Full payment is required before delivery. WHOLESALE SHIPPING: All domestic wholesale orders attract a $10 standard flat rate shipping fee. You will be required to add a wholesale delivery product to your order. The cost for bulk deliveries is usually around $20 so in this instance, we are meeting you halfway. Orders over $500 qualify for free shipping. RETURNS / EXCHANGES: Wholesale merchandise must be inspected on delivery. If you have any issues with your order, you must notify Magical Potions within 3 days. Please see terms and conditions for full details. Please read our full terms and conditions prior to purchasing.

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