Terms and Conditions
By ordering any products or services from Seller you are agreeing unconditionally to all of the following Terms and Conditions. These terms may be changed at any time by Seller without notice.
“Seller” refers to TheMagic5, Inc. (a North Carolina corporation), TheMagic5, the TheMagic5 website and mobile application, and any individuals associated therewith;
“Buyer” refers to the individual, company, firm, or other legal entity purchasing the Products from the Seller for any and all reasons;
“Product” refers to any and all of the Seller’s proprietary and customized output which is the subject of the Contract;
“Contract” refers to an agreement between the Seller and Buyer in exchange for the sale of a Product, namely custom manufactured swimming goggles.
Products may not be purchased by anyone less than 13 years of age. Buyer agrees that the Products are not appropriate for individuals of less than 13 years of age.
Buyer affirms that the billing information given to Seller is truthful and accurate. Buyer confirms all personal information given is his or her own and not that of a third party.
Right to Refuse Sale:
Seller reserves the right to refuse sale or service to anyone for any reason.
All sales are subject to Seller’s Return Policy.
The validity of these terms and conditions are not affected by the declaration of one or more of the terms and conditions as legally invalid, illegal, or unenforceable. Each term and condition stands on its own merits and shall not be deemed less valid by any seen or unforeseen change in the others, regardless of circumstance.
Choice of Law and Venue:
These Terms and Conditions, as well as any sale to Buyer, are deemed to have been agreed to in and occurred in the State of North Carolina. Any disputes or interpretation construction, and the remedies for enforcement or breach, are to be applied pursuant to and in accordance with the laws of the State of North Carolina. Buyer and Seller expressly agree that all actions or proceedings arising in connection with the sale of any Services or these Terms and Conditions shall be tried and litigated exclusively in the State or Federal Courts located in the State of North Carolina. The Buyer waives the right to contest exclusive venue by any motion to transfer, motion for forum non-conveniens or related motions.
Disclaimer of Liability:
The purpose of this Terms and Conditions agreement is to alleviate any and all liability of the Seller for occurrences where harm or injury resulted from the purchase, use, or misuse of the Products or any information associated therewith. By purchasing the Products, or otherwise using the TheMagic5 website, you are hereby affirming the following representations:
I am fully responsible for being aware of the laws and regulations in my state, county, or municipality in regards to the Products I'm purchasing, and take full responsibility for any outcomes or damages resulting from purchasing such Products and utilizing the information included therein. I acknowledge that TheMagic5 is not responsible for knowing the details of my local laws. By providing a billing address, I am informing the Seller that I believe that the Products purchased are in compliance with all laws and regulations of my locality.
I am over 18 and an adult under the laws of my State and Country.
I am in good health and am capable of making my own decisions and representations.
The goods will be imported on behalf of the consignee/ebuyer. The consignee authorizes THEMAGIC5 to import the goods on his behalf. Further, the consignee/buyer agrees that THEMAGIC5 may delegate the obligation to import the goods on his behalf to a subcontractor. The consignee will pay the taxes & duties in addition with the purchase price of the goods.
LIMITATION AND DISCLAIMER OF WARRANTIES. I clearly understand that all Products & information obtained through Seller are provided ‘AS IS’ and without warranty, express or implied. All implied warranties of merchantability, fitness for a particular purpose, are hereby disclaimed.
In no event will Seller be liable to me or anyone else for any damages or injury caused by use, misuse, or improper use of the Products. Waiver of liability includes all damages whether incidental, consequential, special, or similar.
I agree to indemnify and hold harmless Seller and all other parties involved, including but not limited to their owners, officers, affiliates, associates and employees, for any and all damages incurred as result of the purchase, use, or misuse of the Products. The Seller and all related aforementioned parties shall not be liable under any theory whatsoever.
There are no circumstances in which Seller shall be liable for any damages beyond its Limited Warranty whether direct or indirect, special, incidental, consequential or punitive.
I HAVE CLEARLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AS WELL AS ANY AND ALL CAUTIONS & WARNINGS, INCLUDING BUT NOT LIMITED TO THE WARNINGS PRINTED ON THE WEBSITE. I hereby agree to carefully abide by these cautions & warnings. I also will abide by all warnings stated on the website, regarding use of the information provided as a part of the contracted for Products.
Any claim relating to the TheMagic5 website or mobile application shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions.
TheMagic5 is proud to offer custom swimming goggles to the public, and we stand by the quality and value of our product. However, we understand that sometimes returns may be necessary. We do accept returns for up to 14 days from the original purchase date. The item must be returned in original, unused condition, in its original packaging where possible, and with all included parts to receive proper credit.
Because our products are custom-made and require an attention to detail, we do charge a 20% restocking fee for all returns. We will refund 80% of the purchase price of the item upon receipt of the returned item.
If you are returning an item, please secure the item in its original packaging and return it via UPS or other carrier to:
6123 Providence Glen Road
Charlotte, NC 28270
All return shipping charges must be prepaid.
We recommend that you use UPS for your return, or otherwise maintain a tracking number to ensure return delivery.
TheMagic5 offers a limited warranty for a period of ninety (90) days from the original date of purchase. This warranty is only valid for the original owner and does not extend to any third parties. To start a warranty claim, please contact us. Original proof of purchase is required. If instead, you have a return issue, please see our Return Policy for instructions.
Before initiating a warranty claim, customers should ensure that they are following all product care and maintenance instructions, including those enclosed with the product and those on our website.
If your products have material defects or issues with workmanship we will address the issue. Please note, it is within TheMagic5’s sole discretion as to whether a product is materially defective based on a manufacturer or workmanship issue as opposed to another cause that is not covered by our warranty.
Our warranty does not cover lost or stolen items, product misuse, normal wear and tear, which includes scratches or marks on lenses, or damage caused by intentional or negligent abuse, neglect, or accident, or any damage caused by solvents or chemicals.
If you receive a damaged or defective item, contact us as soon as possible at email@example.com. Please have your order information available to give our representatives.
TheMagic5 offers a Referral Program, where existing users can, through their own phone, scan and deliver new goggles to new users. A referrer will receive 15% of the price of a pair of goggles as a voucher via email, which they can use on their next TheMagic5 purchase. At the same time the new user will receive a 15% discount on its original purchase. TheMagic5 reserves the right to check its data to verify user eligibility for the program (i.e that users actually are new users).
When do we collect information?
We collect information from you when you register on our site or in-app, place an order, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.
When you buy the product on our website, we prompt you to download our app. The app will collect a scan of the end user’s face, creating images from which we will generate your custom product. We may also ask you to place a credit card or driver’s license on one or more of the images. The credit card or driver’s license will only be used for size determination in creating the specs of your image. No substantive information will be collected from the cards or licenses. We may also collect your email address and your mailing address for delivery. If you choose to register by using a third party account such as Google or Facebook, we use the information you allowed us to collect from those third parties to facilitate the account creation and login process.
If you make a payment to TheMagic5, we require you to provide your billing details, such as a name, address, email address and financial information corresponding to your selected method of payment. If you provide a billing address, we will regard that as the location of the account holder.
During the scanning process TheMagic5 will use the camera to identify the structure of your face. This, along with some 2D representations, will be used to create a 3D model, that in turn will be used to create your goggle. TheMagic5 uses this data both to create your product, but also to compare with other 3D representations in order to improve our goggle. This information can be used for research purposes.
Other data you intentionally share.
We may collect your personal information or data if you submit it to us in other contexts (for example, if you provide us with a testimonial, or participate in a TheMagic5 contest).
Non-personally identifiable information.
Non-personally identifiable information is information that does not identify any person, collected indirectly or passively when you interact with us.
Usage and session data.
We collect session and usage data when you interact with our services. This may include information relating to the connection request, server communication, and data sharing, including: network measurements; quality of service; time and date of the use of the Website; and upon your consent, your location.
Like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including the date and time, originating IP addresses, internet service providers, the files viewed on our site (e.g., HTML pages, graphics, etc.), data from the device and application used to access our services, such as the IP address, operating system version, device type, system and performance information, and browser type. We may also infer your geographic location based on your IP address.
If you arrive at a TheMagic5 website from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.
Information from third parties.
We may collect your personal information or data from third parties if you give permission to those third parties to share your information with us.
Information from page tags. We use third party tracking services that employ cookies and page tags (also known as web beacons) to collect aggregated and anonymized data about visitors to our websites. This data includes usage and user statistics. Emails sent by TheMagic5 or by users through our services may include page tags that allow the sender to collect information about who opened those emails and clicked on links in them. We do this to allow the email sender to measure the performance of their email messaging and to learn how to improve email deliverability and open rates.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
To provide you with our products.
To manage our services, to monitor, maintain, and improve our products and features.
To perform internal analysis on the information we collect, including usage data, device data, referral data, questions and responses and information from page tags, to analyze and measure user behavior and trends, to understand how people use our services, and to monitor, troubleshoot and improve our services. This helps us evaluate and design new features.
We may use your information for internal purposes designed to keep our services secure and operational, such as for troubleshooting and testing purposes, and for service improvement, marketing, research and development purposes.
To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
To improve our website in order to better serve you.
To allow us to better service you in responding to your customer service requests.
To administer contests, promotions, surveys or other site features.
To quickly process your transactions.
To ask for ratings and reviews of our services, and to follow up with them after correspondence (live chat, email or phone inquiries).
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
Understand and save user's preferences for future visits.
Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, some features will be disabled, however, you will still be able to place orders.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We may use Google AdSense Advertising on our website.
We have implemented the following:
Remarketing with Google AdSense
Google Display Network Impression Reporting
Demographics and Interests Reporting
DoubleClick Platform Integration
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act (CalOPPA) Notice
In accordance with CalOPPA:
Emailing us at support@TheMagic5.com ; OR
Logging in to your account
We honor Do Not Track signals and we do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. We allow third-party behavioral tracking.
COPPA (Children Online Privacy Protection Act) Notice
TheMagic5 does not sell products or market services for purchase by children. If you are under 13, you may use TheMagic5.com only with the involvement of a parent or guardian.
Fair Information Practices
In order to be in line with Fair Information Practices, as set forth by the U.S. Federal Trade Commission, we will take the following responsive action, should a data breach occur:
We will notify you via email
Within 7 business days
We will notify the users via in-site notification
Within 7 business days
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
Send information, respond to inquiries, and/or other requests or questions
Process orders and to send information and updates pertaining to orders.
Send you additional information related to your product
Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
Not use false or misleading subjects or email addresses.
Identify the message as an advertisement in some reasonable way.
Include the physical address of our business or site headquarters.
Monitor third-party email marketing services for compliance, if one is used.
Honor opt-out/unsubscribe requests quickly.
Allow users to unsubscribe by using the link at the bottom of each email. If at any time you would like to unsubscribe from receiving future emails, you can email us at firstname.lastname@example.org and we will promptly remove you from ALL correspondence.
6123 Providence Glen Road
Charlotte, NC 28270