Important Information for you as our customer
Pursuance of the following Terms of Service agreed by you, in reading and agreeing to the use of this Site, you are further encouraged to read the policies outlined on createdbymagic.com before proceeding to make an order.
Terms of Acceptance
The Customer Terms and documentation referred to within along with any part of the Service will be subject to update now and then. These updates or changes are notified by uploading to the Site. Therefore, it is advised to review the Customer Terms for any changes periodically. In using this Site, you have agreed to the Customer Terms, and it’s binding. If however, you are not agreeable to the Customer Terms, then do not use any part of these services.
1. About Us
We, Created by Magic Limited (“we”) operate the services registered on the company number 0946802 in England.
2. Admittance to our Service
The admittance to our Services is allowed on a provisional basis. We hold the rights to amend or withdraw the services provided by us through this Site devoid of any notice. We cannot be held liable if any time and for any length of a period; the Services are not available for any reason.
3. As Part of Our Security
Our security procedures require that you select or be awarded a user’s password or identification code that must be treated by you as classified and not disclose to third parties.
4. Returns and Refunds
In the event, you want to discuss or arrange a refund or an exchange of any non-cancellable item (non-cancellable items are defined below.) You can either contact the createdbymagic.com directly using the contact form facility.
5. Linking to Our Homepage
You can only link to our website in a way that is fair and legal. Your links should not damage our prestige and they cannot be utilised to get the advantage of it. Your links to our homepage do not suggest any form of association with us or any approval on or side. Thus, the links should not convey any such idea. In any violation of These Customer Terms, the company distinctly owns the privilege to revoke the permission granted to the user in this clause and to take any suitable action regarding it.
We have the privilege to withdraw the linking permission at any time. You are prohibited to add links to any section of our site other than the homepage. It is not allowed to frame our site on any other website.
Our Site contains links to 3rd party websites that we have no control over and have not examined. We will not approve or represent or represent such 3rd parties, their content or any material in them. Please note that you enter such 3rd party websites linked to ours at your risk and will solely handle any damage or loss occurring due to you visiting or using them. It also includes the group gifting application that is provided by a 3rd party.
6. When Uploading Content to the Site
Content uploaded must not be in any way:
derogatory of any person;
contain matter that is unethical and distressful obscene, prejudiced, hateful, detestable, intimidating or inciting;
breaches and violates anyone’s patent, copyrights, legal publishing or violate trade mark or database rights of another individual;
be misleading to any individual;
encourage any unlawful action;
be probable to hassle, offend, humiliate, terrorise or infuriate any person or persons; or
Be of a nature to masquerade as another individual, or to fake your individuality or association with any person.
The matter uploaded to the Site by a user will be determined as non-proprietary and not confidential. We will own the privilege to copy, use, distribute and share any such matter for any use with any third party. We cannot be held responsible or accountable to any third party, for any substance or inaccuracy of any content uploaded by the users and hold the authority to eliminate any substance or posting a user may make on the Site.
We will also hold the rights to make known the identity of the user to a third party in the event of any legal threat and claims of infringement of their intellectual property rights, or their privacy due to the content posted or uploaded by such user.
7. Transgressions including Hacking and Viruses
The misuse of our site or any section of our service using any malicious software including all types of viruses or by any other material that is malevolent or technologically threatening remains prohibited. It also includes hacking or attempt to hack our Site, the Site Server, computer or database or any server linked to our site. Also, you are prohibited to try to charge our site through a dissent of service or circulated rejection of service hostility.
This violation of provision will result in the immediate cessation of your right to use our website. By such violation, you will be guilty of committing a crime covered by the Computer Misuse Act of 1990. We will reveal your identity to the pertinent authorities and collaborate with them to take legal action against your crime.
8. Statement of Relinquishment
A Statement of Relinquishment (A waiver) by us will not consist of rights and remedies for your violation of the Customer Terms due to our failure to use them as we should, or our inability to enforce you to follow them will not release you from your assent to such obligations. Such waiver by us will never be of any subsequent defaults and will be non-effective unless we distinctly mention it to be a waiver sent to you in writing.
9. Severability of Customer Terms
If any of these Customer Terms is recognized to be illegal or invalid to any extent, then the other terms are severed from it to that extent. However, other than that particular term, provision or clause, the rest of the stipulations will be legally binding to the fullest extent permissible by law.
10. Summary of the Agreement
The Agreement is built on the Customer Terms. All the documents are distinctly mentioned in them. The above fact will replace and terminate all prior written or oral agreements, drafts or understandings between you and ourselves about any particular subject.
Neither you nor we are liable to any representation or warranty (innocent or negligent) outside these Customer Terms or the documents mentioned in them. Further, neither of us is held responsible for any falsification (innocent or negligent) on These Customer Terms and the documents associated with them.
11. Enforcing the Force Majeure Clause
If we or the Seller is faced with any incident that is above our or the Seller’s level of control, including natural hazards, Acts of God, riots, war or national emergency, civil commotions, fire explosions, epidemic, lock-outs strikes or other labour controversy (with or without the participation of the Seller’s workforce) or restraints or delays which affect the conveyors or delay in supply of goods, will result in ours or the Seller’s obligations being postponed until the circumstances cease.
12. Limitations & Rights of the Third Parties
Any intermediary (employee, agent, officer, representative or subcontractor of either Created by Magic or the Seller) cannot enforce any of the provisions in the Customer Terms under the Contracts (Rights of Third Parties) Act 1999 or any other way. Nothing included in this clause deprives Created by Magic of its rights when acting as a commercial agent of any Seller.
13. The Authority of the Contracts
The courts of England will administer any controversy that arises or related to our site or App. It should also be noted that the English Law will determine any breach of contract or disputes in purchasing of goods through the App or the Site.
14. Feedback, Comments, Compliments and Complaints
General comments about the site are encouraged. You may use www.createdbymagic.com/contact for this purpose.
15. Additional Terms of Service
The extra Terms of Service that apply to certain products and services are listed below.
16. Special Terms of Service for gift vouchers
When you are purchasing or redeeming a gift voucher from createdbymagic.com, it should be noted that we recognize you as having accepted both conditions for the Site and the Terms of Service for the gift vouchers and remain bound by them.
The Terms of Service for the gift vouchers are as follows:
Purchasing and Redeeming Gift Vouchers
1. The buyers of gift vouchers from Created by Magic should choose its type and design as wished.
2. The dispatching of email gift vouchers to the designated email will be done immediately after clearing of the payment.
3. The dispatching of the printable gift voucher will be delivered by email in the form of a downloadable PDF immediately after the clearing of the payment.
4. The responsibility of providing an accurate email address lies solely with the purchaser. Created by Magic cannot be held responsible for wrong deliverance of gift vouchers because of a customer’s error in furnishing an incorrect or mistyped email address.
5. You may purchase a gift voucher using a credit or debit card in pounds sterling (PayPal payment are presently not accepted)
6. When you redeem the gift voucher, you must enter the exclusive gift voucher code on the voucher at the checkout.
7. If the value of the items you purchase is lesser than the value of the voucher, then the balance is transferred to “my funds” in your createdbymagic.com account.
8. If the value of your order is more than the value of the gift voucher, then the balance must be paid only through debit or credit cards (PayPal payment is not accepted)
9. The gift voucher and any top up payment will be debited before the seller approves your request to purchase a particular item. In the event the Seller refuses your offer to pay with a gift voucher the amount of the gift voucher will be transferred to “my funds” in your createdbymagic.com account. The top-up payment will then be debited back to the credit or debit card.
10. The Standard Terms of Service will apply to the items bought with the gift voucher.
General Terms of Service for a gift voucher
11. When a gift voucher is purchased and/or redeemed, you are considered to having understood and accepted these Terms of Service and remain bound by them.
12. The Terms of Service of the Site will also apply to gift vouchers. If any conflict or inconsistency arises between the Terms of Service of the Site and gift vouchers, the latter will prevail to the extent of the conflict or inconsistency. The defined terms used on the website will also apply to these gift voucher Terms of Service.
13. The gift vouchers can be redeemed only at createdbyamagic.com to purchase any available item displayed on the Site including p&p.
14. Gift vouchers are defined as an arrangement between you and us, the holder of the gift voucher, but not the seller. Therefore, they cannot be redeemed on any individual Sellers websites in createdbymagic.com.
15. Purchasing of goods and gift vouchers should not be done in the same transaction on the created by magic website.
16. No Gift vouchers can be utilised to buy any other gift vouchers.
17. €500 is the maximum value of a gift voucher that is purchasable in a single order.
18. Payment for a single order may be completed by redeeming one or more gift vouchers.
19. We cannot be held accountable for any stolen, corrupted, destroyed, deleted or unauthorized usage of a gift voucher.
20. We are not liable for not having delivered the gift voucher to the recipient’s email due to their spam filters or firewalls or mailbox capacity being exceeded, or for any other reasons beyond our control.
21. If a purchaser cancels the gift voucher within 7 working days from the date of purchase, then it shall be cancelled and refunded to the buyer. Please note that gift vouchers are not redeemable for cash nor are they assignable or transferable.
22. Gift vouchers expire after one year from the date of dispatch, and should be redeemed before that.
23. Created by Magic, whose registered address is at Kemp House, 152 City Road, London EC1V 2NX, is responsible for providing and operating the gift vouchers.
17. Terms of Service for Promotional Codes
1. The use of a promotional code deems you have read and understood and agree to the Terms of Service that bind them.
2. These Terms of Service set out within will apply to the promotional codes and their Terms of Service. It should also be noted that in case of any conflict or confusion between the Terms of Service of the promotional codes and the site, the latter will prevail to the extent of the conflict or confusion.
3. Createdbymagic.com’s promotional codes can be used only on the Createdbymagic.com’s Site for purchasing items displayed on it not including delivery charges.
4. The promotional codes cannot be used on the Seller’s website as they are valid only between you and us.
5. The Promotional codes cannot be utilised to purchase gift vouchers. Also, they should not be used in combination of any other offers or promotional codes on our site for the same transaction (restrictions are not limited)
6. The promotional code discounts apply to the whole Shopping Basket and excludes delivery costs. Promotional codes consist of numbers and letters, e.g., SUKVST1234567. The codes should be entered on the payment page during the checkout for discounts to apply on your purchase.
7. Each promotional code is subject to a restricted stretch of time for use and limited to number of orders per code and will cease to be valid on exhausting these limits. Further details and specific Terms of Service set out for each promotional code and such limits are set out in the communication sent to you with the code.
8. The right for suspension and change or rescind any promotional codes, at any given time is retained by createdbymagic.com, in the event arising of circumstances that make it necessary to do so. Createdbymagic.com also retains the previlage to renew these Terms of Service now and then appending further Terms of Service for particular promotional codes as and when necessary. We advise you to regularly review the Terms of Service for changes in view of the promotional codes.
9. The promotional codes provided by us carry no monetary value and is not transferrable or can be reassigned or forwarded to any other person.
10. There will be no redemption cost for any promotional codes included in any refunds that you may be permitted to receive and will be entitled to receive no more than the price you paid on the closing basket price.
11. The promotional codes provided are operated by our office registered at Created by Magic, Kemp House, 152 City Road, London EC1V 2NX
18. Contact us
You can email us at firstname.lastname@example.org.