Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the MAGNUSSON website located at magnussonshop.us (the "Site"), operated by MAGNUSSON KLEMENCIC ASSOCIATES, INC. By accessing the Site, creating an account, or placing an order, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use the Site.
2. Eligibility
You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to place an order on our Site. By placing an order, you represent that you meet this requirement and that any information you provide to us is accurate and complete.
3. Account Registration
Certain features of the Site may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Please notify us immediately at [email protected] if you suspect any unauthorized use of your account.
4. Use of the Website
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to: violate any applicable local, state, national, or international law or regulation; infringe upon the intellectual property, privacy, or other rights of any third party; transmit any virus, malware, or other harmful or disruptive code; attempt to gain unauthorized access to any portion of the Site, other user accounts, or any connected systems; scrape, data-mine, or use automated means to access the Site without our prior written consent; or impersonate any person or entity or misrepresent your affiliation with any person or entity.
5. Products, Pricing & Availability
We strive to display product information, including pricing, descriptions, and images, as accurately as possible. However, we do not warrant that product descriptions, pricing, or other content on the Site are accurate, complete, current, or error-free. In the event of a pricing or typographical error, we reserve the right to cancel any order placed for a product listed at an incorrect price, whether or not the order has been confirmed. All prices are listed in U.S. dollars and are subject to change without notice. Product availability is not guaranteed, and we reserve the right to limit the quantities of any product we offer.
6. Orders & Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right, at any time after receipt of your order, to accept or decline your order for any reason, including suspected fraud, unauthorized or illegal activity, errors in pricing or product information, or issues with product availability. If we cancel an order after payment has been processed, we will issue a full refund.
7. Payment
Payment is processed securely through PayPal at the time of purchase. We accept PayPal, Visa, Mastercard, American Express, and Discover through PayPal's checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us (via our payment processor) to charge your payment method for the total amount of your order, including applicable shipping and tax.
8. Shipping & Risk of Loss
Shipping terms, timeframes, and costs are described in our Shipping Policy, which is incorporated into these Terms by reference. Risk of loss and title for products purchased from us pass to you upon our delivery of the product to the shipping carrier.
9. Returns, Refunds & Exchanges
Our return, refund, and exchange policies are described in our Return & Refund Policy, which is incorporated into these Terms by reference.
10. Promotions, Discounts & Gift Cards
From time to time we may offer promotional discount codes, sales, or gift cards. Unless otherwise stated, promotional offers cannot be combined, are subject to expiration, and may be modified or discontinued at our discretion. Gift cards are non-refundable and are not redeemable for cash except where required by law.
11. User Content & Reviews
If you submit a product review, comment, photo, or other content to the Site, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display that content in connection with our business, including in marketing materials. You represent that any content you submit is your own original work, is accurate, and does not violate the rights of any third party. We reserve the right to remove or decline to publish any user content at our sole discretion, including reviews that we determine are fraudulent, defamatory, or not based on genuine purchase experience.
12. Intellectual Property
All content on the Site, including text, graphics, logos, button icons, images, product photography, audio and video clips, data compilations, and software, is the property of MAGNUSSON KLEMENCIC ASSOCIATES, INC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Site or its content for any commercial purpose without our express prior written consent.
13. Third-Party Links
The Site may contain links to third-party websites that are not owned or controlled by MAGNUSSON. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party site you visit.
14. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS SOLD THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT WHERE SUCH DISCLAIMERS ARE PROHIBITED BY APPLICABLE LAW.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAGNUSSON KLEMENCIC ASSOCIATES, INC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY PRODUCTS PURCHASED THROUGH IT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
16. Indemnification
You agree to indemnify, defend, and hold harmless MAGNUSSON KLEMENCIC ASSOCIATES, INC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your violation of any rights of a third party.
17. Governing Law & Dispute Resolution
These Terms and any dispute arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in King County, Washington, and you consent to the personal jurisdiction of such courts.
18. Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will otherwise remain in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy, Return & Refund Policy, and Shipping Policy, constitute the entire agreement between you and MAGNUSSON KLEMENCIC ASSOCIATES, INC regarding your use of the Site and supersede any prior agreements between you and us relating to the subject matter herein.
20. Changes to These Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site with an updated revision date. Your continued use of the Site after any changes are posted constitutes your acceptance of the revised Terms.
21. Contact
22. Force Majeure
MAGNUSSON KLEMENCIC ASSOCIATES, INC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, shipping carrier delays, pandemics, or governmental actions.
23. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
24. Electronic Communications
By using the Site and providing your email address, you consent to receive electronic communications from us regarding your orders, account, and — where you have opted in — marketing offers. You agree that any notices, disclosures, or other communications we send electronically satisfy any legal requirement that such communications be in writing.
25. No Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of MAGNUSSON KLEMENCIC ASSOCIATES, INC.