Our Terms of Service
Maintaining Your Trust
We want our customers to feel safe when they are doing business with TheMagicOfFire.com. We have instituted a number of measures to ensure your transaction runs smoothly, your privacy is protected, and to ensure your business is safe with TheMagicOfFire.com.
TheMagicOfFire.com. uses 128-bit encryption key over Secure Socket Layer (SSL) to provide the highest level of security. SSL provides encryption between web browsers and web servers.
VeriSign issues server certificates to organizations and individuals worldwide to verify the identity of companies and relevant domains. A VeriSign Certificate gives customers the confidence to transact online.
We understand our customers want their online transactions to be simple and secure. For your convenience, we offer product payment through PayPal. Along with ease, we know how important security is for you when doing transactions online. To increase security, we have verified our account through PayPal so you can feel secure when using their system to make payments to TheMagicOfFire.com
Refunds & Returns
We strive to provide our customers with the best quality products available, so we are 100% confident that you our customers will be happy with their product.
If your purchase arrives damaged in any way, or is the wrong item, contact us within 14 days and we will arrange either a replacement or a refund without any hassle.
Terms and Conditions
Agreement between user and www.TheMagicOfFire
Welcome to www.TheMagicOfFire. The www.TheMagicOfFire website (the "Site") is comprised of various web pages operated by Golden Mark Corp ("MarkCorp").
www.TheMagicOfFire is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.TheMagicOfFire constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.TheMagicOfFire is a E-commerce Site
To sell Fire Pits and Fire Pit Accessories
Visiting www.TheMagicOfFire or sending emails to MarkCorp constitutes electronic communications. You consent to receive electronic communications and you agree that allagreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MarkCorp is not responsible for third party access to your account that results from theft or misappropriation of your account.
MarkCorp and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
MarkCorp does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.TheMagicOfFire only with permission of a parent or guardian.
We will accept returns for items if returned within 14 days postage paid in the same condition.
Must have an RA number.
Links to third party sites/Third party services
www.TheMagicOfFire may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MarkCorp and MarkCorp is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MarkCorp is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MarkCorp of the site or any association with its operators.
Certain services made available via www.TheMagicOfFire are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.TheMagicOfFire domain, you hereby acknowledge and consent that MarkCorp may share such information and data with any third party with whom MarkCorp has a contractual relationship to provide the requested product, service or functionality on behalf of www.TheMagicOfFire users and customers.
No unlawful or prohibited use/Intellectual Property
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MarkCorp or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
MarkCorp content is not for resale. Your use of the Site does not entitle you to make anyunauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MarkCorp and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MarkCorp or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by MarkCorp from our offices within the USA. If you access the Service from a location outside the USA, you are responsible forcompliance with all local laws. You agree that you will not use the MarkCorp Content accessed through www.TheMagicOfFire in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless MarkCorp, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MarkCorp reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MarkCorp in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. GOLDEN MARK CORP AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GOLDEN MARK CORP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
GOLDEN MARK CORP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL GOLDEN MARK CORP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF GOLDEN MARK CORP OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
MarkCorp reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MarkCorp as a result of this agreement or use of the Site. MarkCorp's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MarkCorp's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MarkCorp with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MarkCorp with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MarkCorp with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
MarkCorp reserves the right, in its sole discretion, to change the Terms under which www.TheMagicOfFire is offered. The most current version of the Terms will supersede all previous versions. MarkCorp encourages you to periodically review the Terms to stay informed of our updates.
MarkCorp welcomes your questions or comments regarding the Terms:
Golden Mark Corp
2140 Dupont Highway
Kent, Delaware 11934
Telephone number: 888 593 8024
Effective as of December 10, 2013