Wholesale & Commercial Trade Terms

This Agreement contains the terms and conditions that apply to your participation as a Wholesale Customer/Stockist/Distributor for Magic of I., and any participation in reselling Magic of I. product. 

As used in this Agreement, "we", "us", "our" or Magic of I. means Magic of I., "you" or "your" means the wholesale customer/stockist/distributor, and "product" means any and all items offered for sale by us on the magicofi.com and au.magcofi.com wholesale website. 

Order Processing, Pre-Orders, Pricing, Freight, Product Guarantee

Order Processing 
Minimum order spend is $250.00 USD (US site) and $300.00 AUD (AU site).
We do not permit accounts to advertise, market, or pre-sell products that they do not have on order or currently in stock.

Magic of I. will provide products to Wholesale Customers/Distributors upon said Wholesale Customers/Distributors placing an order through the Magic of I. Wholesale/Distributor ordering portal.

Magic of I. does not offer drop shipping service.

Pre-orders
Estimated delivery dates are approximate and for guidance only. We try our best to get your order dispatched to you as soon as possible, but we are sometimes affected by delays outside of our control. Pre-orders are considered final orders and cannot be cancelled once paid. We reserve the right to cancel the production of any of the products in our range. If this occurs, the payment received for the cancelled product will be refunded in full to the stockist.

Pricing
Prices shown on our wholesale website at 50% off the RRP. 
We reserve the right to alter our pricing and stock availability at any time, unless already invoiced.
The RRP for each product is listed on our main website
US & International (magicofi.com)
AU & Asia ( au.magicofi.com)
Stockists are free to set their own pricing as you see fit, but we ask that the products do not retail under the set RRP, unless they are clearly marked as being on sale. 

We kindly request that new collections are not sold below the RRP


Payment Terms

General 
All orders are on 100% payment upon order generation, prior to shipment.
We accept VISA, Master Card, PayPal and EFT. Please state your invoice number as the payment reference when paying via EFT.
Please note we DO NOT accept Afterpay as a form of payment for wholesale orders, this is due to the large fees that Afterpay charges on the backend.
If you place an order and pay via Afterpay your order will either incur an 8% processing fee or be cancelled and refunded.

Credit Card Terms 
If an attempted credit card payment is declined, orders will not be shipped until the issue is resolved.

Order dispatch
We aim to ship orders out as soon as possible. In-stock items will usually dispatch within 2-3 working days, if not sooner. Large orders have a 4 day processing time and/or may be dispatched in smaller shipments.

Freight
US: UPS, USPS, FEDEX
AU: StarTrack or Australia Post
Intl: A combination of DHL Express & DHL standard depending on your location when ordering. 

Freight is not included in product pricing, instead it is calculated and applied to your final invoice before payment and dispatch. For international orders you will receive a freight quote before your order is shipped. If you place an order that contains both pre-order items and in-stock items, the order will be held until pre-order items have arrived and the entire order will ship together. 
If you would like in-stock items to be shipped before pre order items are in stock you will need to pay for shipping for both shipments 
Shipping fees apply to every order.
Magic Of I PTY LTD is not responsible for any customs fees, import duties or taxes incurred during delivery of order. These are the sole responsibility of the stockist.

Return Policy & Exchanges

Defective Products 
Products deemed to be defective due to manufacturing flaws may be returned within 5 days of receiving them.
To report damaged items, please email the details and an image of the faulty product to hello@magicofi.com and quote your order number.
Any defective items will be replaced and shipped free of charge. 

Wrong Item(s) Shipped
In the event a wrong item is shipped with an order, please contact us immediately at hello@magicofi.com as soon as the error is noticed.
Upon return of the incorrect item(s), the correct item(s) will be shipped free of charge.

Non delivery
Please report immediately to us at hello@magicofi.com

Exchanges and Credits to Account
All orders are final and cannot be cancelled once the order has been confirmed and the final invoice has been generated.
We do not accept return of unsold goods, change of mind or preference of natural variation in colouring of our product.

Copyright & intellectual material

Non-Exclusive Limited License and Use of Magic of I. Logos and Assets
We grant you a non-exclusive, non-transferable, revocable right to (i) access our site through links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos and similar identifying material (collectively "Magic of I."), solely for the purpose of selling Product for Magic of I.
You may not alter, modify or change the Magic of I. Marks or Products in any way.
You are only entitled to use the Magic of I. Marks to the extent you are a member, in good standing, of the Wholesale/Stockist/Distributor Program.
You agree not to use the Magic of I. Marks in any manner that is disparaging or that otherwise portrays Magic of I. in a negative light.
We may revoke the rights granted to you pursuant to this section at any time by giving you written notice.
The rights granted to you pursuant to this section shall terminate upon the termination of this Agreement by either party

Please note: as a Magic of I. stockist you do not automatically receive exclusivity in your area - and without a written agreement we cannot guarantee exclusivity. If you would like to stock Magic of I. exclusively we currently review this on a case by case scenario - email hello@magicofi.comto discuss further.

Copyright, Brand Protection & Use
All Magic Of I product images and product copy are subject to copyright and are the property of Magic of I. Approved Magic of I. stockists are welcome to use any of the product images on the Magic of I. website for the purpose of promoting the product/s. High res images are available upon request. Please contact us if you are unsure of image usage and we can direct you to our brand guidelines.
Unless otherwise stated, Magic of I. owns the intellectual property rights for all material on or created by Magic of I.

All intellectual property rights are reserved. By agreeing to this contract you agree that you must not:

  • Republish or recreate materials, goods or otherwise from Magic of I.
  • Infringe on copyrights and compromise brand integrity
  • Reproduce, duplicate or copy material or goods Magic of I. 
  • Replicate content or goods from Magic of I. hello@magicofi.com

Magic of I. cannot be held liable for any losses, costs, damages and expenses (including legal costs) resulting from claims arising out of your breach of these Terms of Trade.

Distribution
Magic of I. products may not be distributed through any physical or online marketplaces, including eBay, Etsy. Amazon etc. Selling Magic of I. products on these marketplaces breaches our distribution policy and is not allowed under any circumstance.

Term of the Agreements.
The term of this Agreement will begin upon your acceptance of this updated Terms of Service Agreement and will end when terminated by either party.
Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by email, to your address on our records, is considered sufficient notice to terminate this Agreement.

Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by email, to your address on our records, or the posting on our site of a change notice or a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement.
Modifications may include, but are not limited to payment procedures, and Wholesale/Stockist/Distributor Program rules. You are advised to check these terms regularly at your own will.

Relationship of Parties
You and Magic fo I. are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.


Limitation of Liability.
We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with this Agreement, or the Wholesale/Distributor Program.
The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.

Representations and Warranties.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorised by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.  

By placing your first wholesale order with Magic of I. you acknowledge that you have read the above Wholesale Terms of Agreement and agree to its terms and conditions. You have independently evaluated the desirability of participation in the Wholesale/Stockist/Distributor Program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement. 

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