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These Terms of Service (“Terms of Service”, “Terms and Conditions”, “Terms”, “Agreement”) covers your use and access to products, services, and sites provided by Memory & Magic, on the websites operated by Memory & Magic, including memorymagics.com and memoryandmagicbyabir.etsy.com.
Overview
This website is operated by Memory & Magic. Throughout the site, the terms “we”, “us” and “our” refer to Memory & Magic, and the terms “you” and “your” refer to all users of the services and sites operated by Memory & Magic. Memory & Magic offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new services, features or tools which are added to the current shops or sites operated by us shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Godaddy. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Products and Services
For products and services that require your materials, including but not limited to fresh flowers, dried flowers, small objects, and/or cremated remains, to be handed over to Memory & Magic items must be shipped and/or dropped off. Shipping costs, choice of carrier, appropriate packaging that follows provided instructions, and compliance with applicable shipping regulations are the responsibility of the customer. We are not liable for any customer shipments that do not comply with applicable laws. We are not liable for lost, delayed, stolen, or mishandled packages. We are not liable if flowers arrive in poor or unusable condition. We are not liable for improper packaging. By purchasing a product and/or service from us, you accept these risks.
All handmade products are expected to be produced with flaws. Such flaws include but are not limited to minor scratches, surface defects, bubbling, dimensional and/or size discrepancies, discoloration, fading, ambering, unleveled layering, and small floating particles. If flowers are used in said product, such natural materials can also display flaws, such as but not limited to color change, tearing, browning, translucency, and shape deformities. By purchasing a product and/or service from us, you accept that our products have flaws.
All custom and handmade products are one-of-a-kind and made to the best of our abilities. Photos and videos of our products, as seen on social media and our website, are examples of products that we have made in the past and are not meant to depict what you will receive. By purchasing a product and/or service from us, you accept that every single one of our products is completely unique.
All custom and handmade products are difficult to create and require expertise in the craft utilized. Design preferences and special requests provided by the client will be taken into consideration. Memory & Magic reserves the right to exercise sole discretion in regards to product design and creation. By purchasing a product and/or service from us, you accept that we have full control over design of our products.
Products using epoxy resin are created with epoxy resin supplied by a manufacturer. Memory & Magic will choose a high quality epoxy resin with UV resistance to create products. We are not liable for any chemical or manufacturing related issues, such as but not limited to batch discrepancies and early ambering. By purchasing a product and/or service from us, you accept that Memory & Magic cannot and does not have access to control supplied chemical materials, such as but not limited to epoxy resin, used to create a product. Every batch of resin is expected to have slight discrepancies.
Epoxy resin will amber over time and ambering must be expected in any product containing epoxy resin. UV resistance cannot prevent ambering. How fast ambering occurs cannot be accurately predicted as it will depend on many uncontrolled factors. Those factors include, but are not limited to, manufacturer batch characteristics, UV ray exposure by client, and heat exposure by client. We will attempt to minimize any UV ray and heat exposure while the product is in our custody. By purchasing a product and/or service from us, you accept that epoxy resin will amber and Memory & Magic cannot control how or when a product ambers. We highly recommend that you conduct independent research to understand the chemical composition and characteristics of epoxy resin prior to purchasing to ensure that expectations regarding products using epoxy resin are managed.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Quality of products will be held to the standard defined by us. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Returns and refunds are not permitted for custom orders. Please contact Memory & Magic to resolve any complaints or disputes.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.