Terms and Conditions
Welcome to our website www.WitchyProductions.com.au.
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, our other policies and website disclaimer, govern Witchy Productions' relationship with you in relation to your use of this website.
WORD MEANINGS:
You / Your = The buyer, The account owner, The user, The visitor
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We / Us / Our = Witchy Productions
Terms and Conditions
In today’s online shopping market, we believe transparency should be one of the highest regarded customer values.
That’s why we’ve clearly outlined, to the best that we can, our Terms and Conditions of use below.
And our shipping and Payments.
Feel free to reach out with any questions.
CONDITIONS OF USE
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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
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Your use of this site constitutes your acceptance of these Terms and Conditions.
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We reserve the right to change, modify, add or remove portions, or to revise these Terms and Conditions at any time without notice. Any revised changes made to these Terms and Conditions will take effect from the time they are posted on this site.
The sites' features and content may change occasionally and at any time. Any new features added and content changed will also be automatically covered by this agreement.
Some changes may take place without informing you. It is up to you to check randomly for any changes.
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Disclaimers
Shipping and Payments
Disclaimers
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Access to, and use of, this site is at your own risk.
If you decide to register to use this site, you are responsible for maintaining the confidentiality of your own account and password and for restricting access to your computer, your credit/debit card/banking details and you agree to accept responsibility for ALL activities that occur under your accounts and/or passwords.
Your use or anyone using any part of your details to access this service/website is entirely at your own sole risk.
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This site may contain errors or faults as do many websites from time to time and may not be current and / or up to date with stock or shipping costs etc at the time of use.
It is up to you to check or verify details of accuracy when ordering ( options for contact are given on the site for such purposes)
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Witchy Productions' site and / or services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied merchantability warranties, fitness for a particular purpose, non-infringement, and / or course of performance.
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Witchy Productions, and at any time its (if any), successors, subsidiaries, affiliates, and any licensors do not warrant that its site and/or service will function uninterrupted, secure, or available at any particular time or location; that any errors or defects will be corrected; that the site and / or internet is free of viruses and / or other harmful components, and / or that the results of using this site and / or service of Witchy Productions will meet your requirements.
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This disclaimer of liability applies to any damages and / or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation and / or transmission, computer virus, communication line failure, theft and / or destruction, and / or any or all unauthorised access and / or, alteration of or use of record in connection with the use and / or operation of Witchy Productions site and / or service, whether for breach of contract, tortious behaviour, default, fraud, negligence or any other cause of action.
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We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, sustainability, or availability with respect to the content contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
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We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the site or service or that the operation of our site or service will be uninterrupted or error-free.
We are not liable for the consequences of any interruptions or errors in the site or service.
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Any links on this site to any third-party website/s are for you, for your ease of website use only, and Witchy Productions assumes no responsibility for any of the content found on their site or these third party links, their site/s, or any issues arising from the use of their or these third-party linked sites.
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Witchy Productions will not be liable for any damages, including loss of income from your use and / or any fraudulent use, loss or corruption of data or any other information, damages developed out of the use of this site, or any third-party site that may be linked.
Witchy Productions will not be liable for / or through any negligence of not keeping your or of you not keeping your own information or account safe or the use of your account being used authorised or unauthorised, knowingly or unknowingly by you, or any other using your account, including, but not limited to fraudulent use and / or knowing use of any or all payment details (credit/debit card, bank payments, etc linked to yourself or any other or that of your or any other account.)
We will not be liable by any means for the missing, lost goods, and / or damages made by shipping and / or courier companies, or loss, damage, or theft of delivered goods being left at delivery addressed premises.
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We will not be held liable or accountable for any fraudulent use of your account, any fraudulent purchase made using your account, or any form of a fraudulent monetary matter of any kind, with or without an account, including but not limited to the use of a stolen, fraudulent, unknown use, unaccepted use of credit/debit card or any other form of bank/monetary detail and use. Should this problem arise and goods have been traded, there will be no refund on the exchanged funds unless the traded goods are returned in the same condition and amount they were shipped
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(If your card has been stolen please notify your bank and authorities as soon as possible to prevent this problem from occurring and fraud protection services will stop any of these or future transactions from taking place)
Witchy Productions will not be held liable under any means or circumstances for any purchases, payments, items ordered, or any alternative choice of shipping company made by you, delivery address, or alternative delivery address, any changes to your account, or any issue with the use of your account, this will be solely the responsibility of the account owner and/or user and the monetary account owner.
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It is an essential pre-condition to you using our website that you agree and accepts that Witchy Productions or any of its employer/employee or owner/s is not legally or otherwise responsible, can not be held accountable, for any loss or damage you might suffer related to your use of this website, whether from errors or from omissions in our documents and / or information, any goods and / or services we may offer or from any other use of this website.
This includes your use and / or reliance on any third-party content, links, comments, or advertisements.
Your use of, or reliance on, any and all information and / or materials, and / or products on this website is entirely at your own risk, for which we shall not be liable.
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Terms of trade and Shipping
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Items ordered will only be sent upon full payment of the proforma invoice unless credit or other payment options are approved prior between you and us.
Goods remain the property of Witchy Productions until payment has been received and cleared in full.
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All deliveries will be preferably despatched through the carrier of our choice. Payment for shipping is at the cost to you and will be added to your proforma invoice or to a later invoice (subject to items ordered).
These additional shipping/courier charges will be added to the total of your invoice that will be issued to you for payment unless you give us permission to direct debit.
All goods and shipping charges must be paid before despatch and are at the responsibility of you unless otherwise organised and agreed by us in writing.
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Please be advised that shipping costs currently calculated at checkout are regular estimates only. We will seek shipping charges after your order is processed to get you the most accurate in charges. You will then receive an invoice for payment which will also give you a choice in taking up standard or express delivery or a choice of carrier and their quoted charges if applicable.
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Plus also note there may be an additional handling fee of up to $3.50 for some goods or order type.
We endeavour to seek the best and most affordable way of shipping your goods to you.
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(Conditions apply)
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If you choose your own carrier for shipment a handling fee will be charged. The MINIMUM cost of handling will be $3.50
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(Conditions apply)
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Witchy Productions reserves the right to adjust prices depending on fluctuating shipping and handling costs, the carrier used, handling products used, area of delivery, type of delivery needed, weight, size, and so on, of ordered items, and / or the value of the Australian Dollar.
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You will be advised accordingly (by whatever means of contact you give us. Or you specifically nominate), but it is usually by email,
You will be informed of the actual shipping and or handling cost once your order is picked and packed. We will issue an invoice to you for payment with instructions of how to pay for your goods ordered.
All payments must be made in Australian dollars and cleared into the account of Witchy Productions before despatch of your goods.
A tracking number for the shipment will be issued to you. Usually in an email, however, some may be via mobile phone SMS.
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If you request us to organise shipping with anything above the usual insurance (which is usually up to $100 worth of cover) most shipping companies automatically cover, this will be also at your cost.
This can be informed by you to us if you wish to cover more than up to $100 insurance before organising shipping, or it will be an option we can pass to you if the allocated shipping company offers or suggests it. The costs will be added to your invoice for payment.
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Goods despatch
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As soon as the goods are despatched, they are no longer the responsibility of Witchy Productions. - As in - It is up to you to make sure you give the correct destination details, check on its tracking, delivery process, and who, when, or where it is received and / or delivered to. (We will monitor tracking of the goods until such a time as the shipping company informs us that goods have been delivered)
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If you choose your own shipping/courier service, then you are solely responsible to organise and pay freight costs directly to them and also informing us of this.
We will require information about whom the company and / or person is,
(However only recognisable shipping/courier companies will be accepted)
We will also need the information on when they will be picking up, however, there will still be a handling fee payable to Witchy Productions being (at this stage) a Minimum of $3.50.
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Any claims arising relating to delivery of damaged stock (proof will be required)
If we organised shipping, your claim must be made within 2 days of receipt.
We will fully investigate any claims.
However, we will use our own discretion (alongside our payment provider fraud protection service) regarding these matters, on any claims and whether or not to make any refunds, credit notes, or any amendments on charges, exchanges, offers, etc.
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If you organised shipping then it is your own responsibility to take it up with the carrier of your choice.
All care will be taken by Witchy Productions to ensure goods are in good order and appropriate safeguards are taken with packaging for shipment.
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Returns, refunds or exchanges
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Witchy Productions will not accept returns for credit without prior authorisation, and absolute proof that it was a fault of Witchy Productions and not the carrier and / or receivers end and definitely not if goods go missing or damaged if you organised your own shipping, or goods were left unattended at a designated delivery address and there is proof from the shipping company that goods were delivered.
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If we organised shipping, Tracking advice will be checked.
If items say "delivered" then Witchy Productions will not be held responsible for any missing or stolen items and will not be held to account to replace such missing items or to refund any moneys paid
Witchy Productions will investigate all avenues if there is any such report or claim made.
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NOTE:
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Goods cut to specific sizes can not be exchanged. They are not returnable or refundable.
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Goods sold at special pricing, including clearance lines, on sale items, can not be exchanged, and are non-returnable or refundable unless proven faulty within 2 days of delivery.
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Wearable items such as Costumes etc will not be available to exchange or refund if the packaging is tampered with and / or the item has been obviously "worn".
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If any returns of stock are accepted by us, the packaging, handling, and shipping will be at the cost to you or any other that is requesting any returns for exchange or refunds.
We reserve the right to make an alternative offer of credit regarding any refunds, and if a choice is given to you, you have the right to choose which form of refund / credit / or exchange you wish to take.
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That is to say, it might be a choice such as -
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refund made to your original payment platform which you used to provide the payment,
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a form of credit off your next purchase,
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a product exchange, either the same item or another of the same or lessor or very close value instead of monetary
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offer of % off your next purchase
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offer of free shipping on your next purchase
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(This and other details can be found in our Shipping and Returns policy)
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Payment Details
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Purchases can be paid using the following
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Credit Card.
Accepted Cards - VISA and Mastercard and any other that is noted on checkout invoice
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Bank Transaction - Direct Deposit
- If appropriate -
Account details will be given on checkout invoice, if agreement has been made
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Any other form of payment that may become acceptable will be noted on the checkout invoice.
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PLEASE NOTE: Goods will only be despatched when funds have been received and cleared
Having an account, ordering, purchases, and other related matters
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times.
Proper name, full address, and appropriate details which might include proof such as Government ID (but only if required for verification purposes).
Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account or any product purchase or service.
We grant you access to our site to make purchases upon your registration of appropriate details asked on the account form; If you just want to browse this site, there is no need to make an account. There is no need to make an account for purchases; it is there to just make it easier for your future buying and also it grants you a wishlist, making it easier to find items that you like later on and record of your order, if you place any.
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You are also welcome to sign up for our news letter or to even request or make a suggestion for possible adding of items that you would like to purchase from us that may perhaps be able to add to our catalogue
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If you make an account and it contains a password, We will never ask for that password. Never disclose your password to anyone.
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Order limit?
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There is no set limit. However, some items, as well as bulk amounts of items,
will need to be pre-ordered.
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Unfortunately, we do not have the facilities, at this time, for the storage of bulky items or large amounts of items.
However, we will inform you if we don't have enough stock on hand to cover your order.
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Full payment for such goods will be required in advance on the day you make the order.
When stock is available we will inform you of the cost to ship the items to you and will invoice you for the shipping payment and any handling fees (if applicable) to the order.
Items will not be shipped until that payment is received and cleared with Witchy Productions.
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If we feel it seems to be a significant amount of an order, we will confirm such an order with you
for legitimacy and verification, (which may include proof of ID or other necessities) before going ahead with it, therefore, please be advised that, we reserve the right to ask for a form of ID to prove who you are if we deem it necessary for us to fulfill certain orders and / or to prevent any possible fraudulent transaction.
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Pre-orders and backorders are under the same provisions.
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Items in general that run out of stock at time of your order being processed
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Some items may or may not be available at the time of ordering, if this is the case we will inform you of such once we receive your order. If you still wish to purchase the item or items we will gladly back order it for you as quickly as we can. Items usually take a minimum of 1 - 2 weeks to arrive to us.
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When this happens, it will be verified with you by a follow-up email that is attached to your registered order or account and you will need to return an email verification to go ahead with such an order, or, that you prefer to decline waiting for a back-order.
If you have paid a deposit and that deposit is more than the remaining balance of your order you will receive a refund or credit you can use on some other item in the store. This will be at your decision.
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If there is no return verification from you within 2-3 business days we will not proceed with your original order request unless you have already paid for such order
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Backorders, Pre-orders, Bulk orders
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We will contact you when your ordered goods arrive at Witchy Productions
Payment for shipping and the balance owing for your order will then need to be made by you to Witchy Productions when orders are ready to be despatched.
Payment time for this will also be limited unless organised and an agreement is made between you and Witchy Productions.
Time allowed will be notified to you in an email notification that will come with an invoice for payment
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Unless you have already paid and covered all costs prior. If this is the case, you will receive dispatchment of order notification.
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No payment will be required for shipping or any handling fee (if applicable) until such a time as goods arrive in stock and are packaged ready to ship to you - You will be informed of their arrival in store and when they are ready to be shipped.
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Change of mind or cancellation of a bulk order / preorder / backorder
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If there is a change of mind or some other reason to cancel, on any part or all of a bulk goods order, pre-order or backorder and goods have already been ordered and paid for by Witchy Productions to a third party to gain items in stock to fulfill your order, then you will NOT be refunded the full amount of moneys you may have paid upfront for such order.
There will be a fee of no less than 35% of the total cost of goods plus in some cases their shipping fees.
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You agree and will pay an amount of no less than 35% of the total products catalogue price plus in some cases shipping costs to reimburse Witchy Productions for their costs involved in requiring these types of orders, unless of course otherwise agreed upon by Witchy Productions of some other alternative or to not charge you at all
The monetary amount for your monetary forfeiture by your cancellation will be at the sole discretion of Witchy Productions and you will be advised of this cost.
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Cancellations (general)
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If Witchy Productions is notified of a cancellation of an order that has already been despatched to a delivery service, Witchy Productions reserves the right to refuse order cancellation and the right to refuse any refund until such time as you receive the goods and then you pay for their return - unopened, not used and undamaged.
When returned goods arrive back to store we will then proceed with a refund, less the cost for the original delivery shipping.
You will be advised when this refund action takes place.
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However, Witchy productions has the right to charge a cancellation fee to you. The amount chargeable for fees will be at Witchy Productions' own discretion at the time of the event. This is usually a small amount to cover handling costs-this is based primarily dependant on the type of goods and when cancellation takes place.
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Limitation of Liability and Indemnification
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In no event shall we, Witchy productions, owner, employer/employees or any affiliates or successors, etc, be liable to you or any of your affiliates or successors for any incidental, indirect, punitive, special, or consequential damage (including but not limited to loss of revenue, any business, privacy, profits, use, data, goodwill, or any other economic advantages and / or disadvantages) how ever it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
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You have the sole responsibility for adequate security and protection and backup of data, your credit ID and / or equipment used in connection with your usage of our site and or services offered and you will not make any claim against Witchy Productions, us, or any of our affiliates or successors for any lost data, re-run time, inaccurate instruction, work delays or lost monies or profits resulting from the use of this site or anything, item or service, Witchy Productions may have to offer.
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As a condition of your access to and the use of this site and any service by Witchy Productions, you agree to indemnify us, our directors, owners, employees and our successors and any affiliates from any liability from any and all damages, costs, expenses, and any other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your account, or your use of this site by any means, and any access to this site or any breach of these Terms and any applicable law or the rights of another person or party.
You, as the account holder or visitor of this site, will be liable for all and any damages, expenses, losses caused fraudulently directly or indirectly, by the use of your account, or use of this site, or found to be using any other account for access of this site or using this site by any means including but not limited to, fraudulent.
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This indemnification section survives the expiration of your registration, your use to purchase, site visits and applies to any claims arising both before and after the registration / visit / use ends.
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Without limiting the foregoing, in no event will our, Witchy Productions, aggregate liability to you (if any), ever exceed in total, the amount paid by you to us on a disputed single order. Nor will we, Witchy Productions be liable for any and all (if at any time applicable) any and all legal costs. Any and all legal costs will be the sole liability of you, the buyer/account holder/ user.
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General use, downloading, sharing, linking, intellectual properties, and so on
Having any access to this site does not give you or any other registered or non-registered user / visitor any permission to download (other than page caching) any part or all of this site or to modify it, or any portion of it, or to use, copy or download any intellectual writings or graphics without express written consent from us, Witchy Productions.
Access to this site does not include rights to you for any resale or commercial use of this site, company name, or its contents; any collection and use of any product listings, descriptions, prices; banking details or any personal identifying aspects; any derivative use of this site or its contents; any downloading or copying of account information, business name or any personal identification for the benefit of another merchant or other party; or any use of data mining, bots, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or personal purpose without the express written consent of us, Witchy Productions.
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You may not frame or utilise any framing or altering techniques to enclose any logo, trademark, or other proprietary information including Witchy Productions name, images, text, page layout, or any form of Witchy Productions and any affiliates that may be involved without express written consent from us, Witchy Productions.
You may not use any meta tags or any other "hidden text" utilising Witchy Productions' name or any trademarks without the express written consent of Witchy Productions and/or trademark owners. (Any consent will need to be shown and proven by you)
Any unauthorised use, fraud, or any criminal intent acknowledged or found will instantly terminate the permission and access granted to you or to your account by Witchy Productions. This may or may not also include involving actions by law.
You are however granted a limited, but revocable, and nonexclusive right to create a hyperlink to the Witchy Productions' site or to suggest to others to visit and shop at Witchy Productions' website. As long as the link does not portray Witchy Productions, any of its successors and/or affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
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If anyone believes or has an issue with anything on Witchy Productions site including believing there is something that could be of a copyright matter please first contact us directly and we will remove it as soon as possible or seek the appropriate permission to use
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However, every care has been taken to not infringe on any copyrights, to not discriminate, and to not hold any prejudices.
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If you are under 18,
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You may browse Witchy Productions' site but ONLY with the involvement and / or absolute permission of a parent or guardian.
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Any order or purchase made by anyone under 18 will also be with the absolute permission of a parent or guardian.
If anyone under 18 makes an order, the person under 18 and the permission-giving parent or guardian and/or account holder/user will be held liable for any damages, loss, expenses, etc, (if any), caused or made
The actual account will need to be made and registered under the name of the parent or legal guardian giving the permission
(who themselves are over 18)
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Witchy Productions will not be held liable under any circumstances for such transactions or for any fraudulent transactions or any misuse taking place no matter the age.
Note for parents / Legal guardians / other users - for those who are allowing or wish to allow an under 18 to use this site:
If you allow the use of this site to a person under 18, you are responsible for making a site members account (if you don't already have one) and maintaining the confidentiality of your account and password and for restricting access to it, and you agree to accept responsibility for all activities that occur under your account or password, including but not limited to, any and all amounts owing if purchases are made.
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You agree that we shall not be liable for any damages, losses of any kind, suffered as a result of you or them using the site, visiting, making an account and or purchasing goods or any services of Witchy Productions
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Witchy Productions does not wish to sell products to children or young adults under the age of 18, but we may sell items for use by children with the preference to sell them to adults, who can purchase with a legal credit card or make payments from their legal bank account.
(Adults being referenced to those over 18 years of age )
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Your continued use of this site/service of Witchy Productions will be deemed as your acceptance thereof.
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Witchy Productions and any of its affiliates and/or successors reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion at any time.
Witchy Productions and any affiliates and or successors will not be held liable for any fraudulent use or misuse in regards to accounts and or credit card use or bank/monetary use by others making any purchases/payments or for any items purchased.
Endnotes
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Your access to and use of the Witchy Productions site or of any services is conditioned on your acceptance of and compliance with these Terms and of its Policies. These Terms and Policies apply to all visitors, users, and others who access or use any or all of this site/services, etc that Witchy Productions offers.
You warrant that you are at least 18-years old (or older) and you are legally capable of entering into any or all binding contracts.
If you are under 18-years old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms and Policies on your behalf.
By accessing or using the site or any services offered by Witchy Productions you agree to be bound by these Terms and Policies.
If you disagree with any part of the Terms and Policies then you may not access the site/service. If you are ever asked to confirm your ID and you refuse, you will not be able to access the site/service.
Any account that's found to not contain appropriate or uptodate information will also be deleted and refused any purchases.
Any Changes and Governing Law
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These Terms and Policies shall be governed and construed in accordance with the laws of Victoria Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms and Policies is held to be invalid or unenforceable by a court.
These Terms and Policies constitute the entire agreement between us Witchy Productions and you the account holder/buyer/user, regarding our site or any service.
Any changes made to these terms/policies since the application of an account, purchase or visit made by you supersedes and replaces any prior agreements we might have between you and us regarding the site or any Service by Witchy Productions.
We (Witchy Productions) reserve the right, at our discretion, to modify or replace these Terms and/or Policies at any time. If a revision is of any real significant material, Witchy Productions will try to provide at least 7 days notice prior to any terms taking effect.
It is, however, your sole responsibility to periodically check these Terms/ Policies for any changes.
If you do not agree with any of the changes to these Terms/Policies at any time, it is your responsibility to stop using Witchy Productions' site/Service and to stop any other from using or accessing your account by deleting it and requesting Witchy Productions to delete/disable your registration to use.
Thank you for visiting
Please click here to read our sites' Shipping and Returns Policy or click the "BACK" button at the top of the page if you wish to return to the "About us" page
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Any questions? You can contact us through the CONTACT option link here
or just use the Chat on the right hand bottom corner