|TERMS FOR FREE SHIPPING
These Terms for FREE Shipping (the "Shipping Terms") provide the terms and conditions pursuant to which musicMagpie offers shipping services for transactions completed through the musicMagpie.com website or musicMagpie's mobile application(s). These Shipping Terms are part of the musicMagpie Terms and Conditions, located at ("Terms and Conditions") and are hereby incorporated into such Terms and Conditions.
By accessing the Website, using musicMagpie Services, becoming a registered user of musicMagpie.com and/or creating a transaction with musicMagpie, you agree to these Shipping Terms, as well as the Terms and Conditions, musicMagpie’s Privacy Statement , and any additional terms that govern certain musicMagpie Services which will be presented to you or referenced in conjunction with such services.
In these Shipping Terms the following terms shall have the meanings set forth below and other capitalized terms used and not defined in these Shipping Terms shall have the meanings set forth in the Terms and Conditions:
- "Agent" mean a person who acts on another’s behalf and has the authority to sell, enter into a transaction and use the Free Shipping Service on the other's behalf.
- "Company" or "musicMagpie" means Entertainment Magpie Inc. DBA musicMagpie.com
- "Consignee" means the intended recipient of the Shipment which is musicMagpie.com
- "Contract" means the contract for shipping of a Parcel or Parcels between the Customer and the Company, which shall be deemed to be incorporated into these Conditions.
- "Customer" means the person, or legal entity that enters into a contract for shipping of a Parcel or Parcels with the Company. As used in these Shipping Terms where an Agent acts for Customer, the term Customer shall be deemed to mean the Customer and Agent.
- "FREE Shipping Service" means the shipping services offered by musicMagpie pursuant to these Shipping Terms.
- "musicMagpie.com FREE Shipping Service" means a service offered by the Company.
- "Parcels" means items for Shipment weighing no more than 70 pounds and when measured are under the maximum package combined length and girth of 130 inches.
- "Shipment" means one or more Parcels sent at one time from the same Customer from one address to the Company at an address designated by the Company at the Company's sole discretion and provided to Customer for such Shipment.
- "Restricted Items" means any items that are NOT CD Albums, DVDs, Blu-Rays and Games, or any items rejected by Company.
The FREE Shipping Service is available only to Customers who sell 10 or more items, to a maximum of 500 items per order. The Company agrees, only in accordance with these Shipping Terms and the Company’s Terms and Conditions, to ship Parcels containing approved items pursuant to the Terms and Conditions and agreed upon by the Company and the Customer as part of a valid online transaction completed at musicMagpie.com or the Company’s own mobile application(s) exclusively.
The Company is not a carrier and the Customer accepts that the Company will use third party shipping partners to provide and fulfill its FREE Shipping Service.
The Company's FREE Shipping Service is only available to Customers who complete a valid transaction with the Company, pursuant to the Terms and Conditions. Each individual valid transaction has a unique "Order Number" which is issued to the Customer upon completion of each individual transaction.
Our FREE Shipping Service is only available to customers in the 50 United States (including Hawaii and Alaska). Furthermore Customer may only use the FREE Shipping Service by tendering Parcels for Shipment to the United Parcel Service ("UPS") or the United States Postal Service ("USPS") in accordance with these Sipping Terms(See Section 6 of these Shipping Terms).
3. Ownership of Goods:
Where the Customer is not the owner of some or all of the items to be shipped by the Company the Customer shall be deemed for ALL purposes to be the Agent of the owner or owners and that if any other person has an interest in the items the Customer is acting as his fully authorized Agent also.
The Customer should be aware that the Company does not agree to purchase the items until they have passed the Company’s Quality Assessment and been notified in writing of the Company’s acceptance of the items/goods (See Terms and Conditions: Selling Your Stuff-Quality Assessment). Acceptance and rejection of items shall be determined by the Company in accordance with the Terms and Conditions. As such collection of the goods by a shipping carrier appointed by the Company and/or the provision of any collection receipt or proof of shipping does not mean that the Company agrees to purchase the items or that the Customer is entitled to payment therefor.
4. Acceptable Types of Goods/Items for Shipment:
The Customer shall not request that the Company or any of its shipping carriers carry any parcels or items that are not original CDs, DVDs, Blu-Rays or Games. The Company and/or its Carriers accept NO liability whatsoever for, and Customer agree to indemnify, defend and hold Company harmless from, any losses or harm arising from shipment of any Restricted items.
5. The Customer Warrants:
The Customer warrants that they will not supply to the Company any Restricted Items.
The Customer warrants that all Parcels have been properly and sufficiently packaged and labeled in accordance with the instructions issued by the Company on its website www.musicMagpie.com and in email communications from the Company to the Customer and in accordance with the shipping policies of the applicable third party shipping carrier.
The Customer warrants that the Parcel and/or any Parcels tendered for shipment via the Company’s FREE Shipping Service has been prepared by the Customer and that the Parcel (or those Parcels) do not violate any federal, state, provincial, or local laws or regulations or the terms of the shipping policies of the applicable third party carrier applicable to the Parcel(s) or the items contained within it/them.
The Customer warrants that no Parcel or item contained within any Parcels tendered for shipment using this FREE Shipping Service contains Hazardous Materials or Dangerous Goods as defined pursuant to the shipping policies of the applicable third party shipping carrier, and hereby agrees to fully indemnify musicMagpie.com and UPS from all and any liability as a result of the Customer's misuse or negligent use of this FREE Shipping Service whatsoever and howsoever arising.
The Customer will be liable for and indemnify the Company for ANY loss, damage or liability arising from a breach of these warranties in accordance with Clause 10 of these Terms and Conditions.
6. Transit, Delivered & Undelivered Goods:
Using this FREE Shipping Service means that Customers may only tender their Parcels for shipping, if they have applies/attached a single uniquely identifiable UPS Returns Flexible Access Label, as provided by the Company ONLY, correctly to each Parcel the Customer intends to ship using this service and then tenders the Parcel(s) for shipping using the following channels only (the ‘Shipping Channels’):
1. A UPS Channel – which means a UPS Driver, The UPS Store, a UPS Drop Box, a UPS Customer Center or an Authorized UPS Shipping Outlet.
2.A USPS (United States Postal Service) channel – which means a USPS Collection Box (including private mailbox), Post Office, Postal Carrier, Authorized Postal Service Outlet, or by scheduling an online Pick-Up request to the Postal Service via its online carrier pick-up service at www.USPS.com.
PLEASE READ THE SHIPPING POLICIES OF THE APPLICABLE THRID PARTY CARRIER. THE CUSTOMER AGREES TO COMPLY WITH SUCH POLICIES AS A CONDITION TO USE OF THE FREE SHIPPING SERVICE.
Transit shall commence when a Parcel is accepted for shipment by the Company’s shipment partner(s) (in this case UPS or USPS) at a valid point of shipment tender as determined by the Company. The Company may at its discretion ship the Parcel by any other means of conveyance and by any other route whatsoever and to change and/or alter the shipping methods of its FREE Shipping Service as it solely determines and without notice to the Customer, so please check these Shipping Terms prior to completing each transaction.
Transit shall (unless otherwise previously determined) end when the Parcel is accepted at the Company's warehouse only.
The Company start transit of the Parcel on the day the Customer has tendered his or her Parcel(s) to a valid transit start location/service as specified by the Company to the Customer.
If the Customer opts to book an online USPS Pick-up as part of this FREE Shipping Service, the accuracy of the address details provided and therefore the point of collection (and start of transit) are the sole responsibility of the Customer. Any Parcels that enter the transit process are insured up to the maximum value the Company has placed on the items that the Company understands are contained within the Parcel itself or up to $100 (US DOLLARS), whichever is less. The items that should be contained within the Parcel and which are therefore insured are both detailed and given an insured value in the transaction completion message with the relevant ORDER NUMBER in the Customers online account at musicMagpie.com where the ORDER number relating to that Parcel is provided. (See Terms and Conditions: Transactions).
To make a claim for a lost order (subject to the Company accepting and confirming that it has not received your parcel), the Customer must posses and be able to provide upon request a valid and authentic collection receipt. Should the Customer NOT be able to provide a valid Collection Receipt for the ORDER that they wish to claim for, the Customer may not be able to make a claim. To start a claim, please contact the Company’s Customer Service team directly by emailing support@musicMagpie.com.
The Company accepts no other valuations other than its own for the items that you may be claiming for and under no circumstances accepts any liability for any other loss, damage or compensation resulting from the use of our service including, but not limited to, the use of the carrier services, USPS or UPS, or their affiliates.
7. Liability for Loss and Damage:
No claims for loss in accordance with Section 6 will be paid or honored to the extent that such loss or damage has arisen from any of the following conditions:
(a) The Customer insufficiently or improperly labels, packs or addresses any or all the Parcels or ship items other than in accordance with Parcel specifications, in violation of these Shipping Terms or in violation of the shipping terms of the applicable shipping carrier;
(b) Act of God [Does the insurance cover this?], seizure under legal process;
(c) Any consequence of war, invasion, act of foreign enemy hostilities (whether war is declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of or damage to property by or under the order of any government or public or local authority, riots, civil commotion, lockouts, general or partial stoppage or restraint of labor from whatever cause, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds, the direct or indirect effect of ionizing radiations or contamination by radioactivity.
(d) The Company shall not be under any liability of any kind for goods:
a. Where there has been fraud by the Customer, the Agent, or agents of either; or
b. For the avoidance of doubt, where the Parcel and/or item was not in transit at the time of loss.
8. Limitation and Exclusion of Liability:
Subject to Clauses 3, 4, 5, 6, 7 of these Shipping Terms the Company’s liability for the loss of or damage to any items carried within the 50 United States (Including Hawaii and Alaska) and Puerto Rico [?] using this FREE Shipping Service shall be limited to the amount that the Customer may claim pursuant to the claim provisions in Section 6of these Shipping Terms .
CUSTOMER EXPRESSLY AGREES THAT HIS OR HER USE OF THE FREE SHIPPING SERVICES IS AT CUSTOMER'S OWN RISK, AND THAT ALL MUSICMAGPIE SERVICES AND ALL INFORMATION, CONTENT AND OTHER MATERIALS CONTAINED WITHIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MUSICMAGPIE SERVICES ARE BEING PROVIDED TO CUSTOMER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MUSICMAGPIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MUSICMAGPIE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANY THIRD PERSON FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING FROM THE USE OF ANY MUSICMAGPIE SERVICES, OR FROM ANY INFORMATION, CONTENT OR OTHER MATERIALS CONTAINED WITHIN OR OTHERWISE MADE AVAILABLE TO CUSTOMER THROUGH THE MUSICMAGPIE SERVICES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES OR ANY OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MUSICMAGPIE’S LIABILITY TO CUSTOMER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE VALUATION OR OFFER PRICE OF THE ITEMS CUSTOMER HAS OFFERED TO SELL TO MUSICMAGPIE, BUT IN NO CASE WILL MUSICMAGPIE’S LIABILITY TO YOU EXCEED $100 OR THE AMOUNT OF THE VALUATION SET FORTH PURSUANT TO THE TERMS AND CONDITIONS AND SECTION 6 OF THESE SHIPPING TERMS, WHICHEVER IS LESS.
ANY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS CUSTOMER HAS WITH THIRD PARTIES FOUND ON OR THROUGH THE WEBSITE INCLUDIGN SHIPPING CARRIERS ARE SOLELY BETWEEN CUSTOMER AND THE THIRD PARTY. MUSICMAGPIE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH THIRD-PARTY SERVICES, AND SHALL NOT BE RESPONSIBLE NOR LIABLE FOR OR IN CONNECTION WITH ANY SUCH THIRD-PARTY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO CUSTOMER.
9. Claims for loss and damage:
CUSTOMER AGREES THAT ANY ITEMS SENT TO MUSICMAGPIE WILL NOT BE RETURNED AND THAT MUSICMAGPIE MAY DISPOSE OF THESE GOODS AT NO CHARGE TO MUSICMAGPIE AND, EXCEPT AS SET FORTH IN SECTION 6 OF THESE SHIPPING TERMS, WITHOUT ANY FURTHER LIABILITY OF ANY KIND, TO CUSTOMER OR ANY THIRD PARTY FOR LOSS OR DAMAGES THEREFORE.
10. Customers’ Indemnity:
Customer hereby agrees to indemnify, defend, release and hold harmless Company, its officers, directors, employees and agents from and against any and all claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) made by any third party due to or arising out of (i) Customer's use of the FREE Shipping Service, the Website or any musicMagpie Services or access by others to Customer's account, (ii) your breach of these Shipping Terms or Terms and Conditions, and/or (iii) your violation of any law or the rights of a third party. The Customer shall, in addition to its obligations under Clause 8, indemnify the Company against any duty, tax or levy not expressly agreed to be paid by the Company under these Shipping Terms.
11. Amendments to Terms & Conditions
Company reserves the right to amend these Terms & Conditions at any time by posting the amended terms on musicMagpie.com. Customer should check the Website and these Shipping Terms periodically for amendments. All amended terms shall automatically be effective 30 days after they are initially posted.
12. Governing Law
These Shipping Terms shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to conflict of law principles. Customer agrees to bring any claims arising out of, relating to or concerning these Shipping Terms exclusively in state or federal courts within the State of Georgia, USA, and hereby waives any jurisdictional, venue or inconvenient forum objections to such courts
If any of the provisions of these Shipping Terms shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. Any waiver of any provision of the Shipping Terms will be effective only if in writing and signed by Company. The failure to strictly enforce the performance of any provision of these Shipping Terms shall not be deemed a waiver of musicMagpie’s rights under such provision. Nothing in the Shipping Terms shall be deemed to confer any third-party rights or benefits or to establish any third party beneficiary relationship.