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These Terms and Conditions are the official terms of use for AYURMAGIK website, social media accounts, mobile apps and any other internet or digital platforms (collectively, the “Website”). The content and products (“Products”) available on the Website are provided to you by AYURMAGIK GmbH, and its respective parent companies, subsidiaries, affiliates, and licensors (hereafter, “AYURMAGIK,” “us”, “our”, “we”) subject to the following Terms and Conditions. By accessing or using the Website, you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions and any other policies and terms posted on the Website.

We reserve the right to update or modify these Terms and Conditions at any time. When changes are made, we will make the revised version available on this webpage. We encourage you to review these Terms and Conditions whenever you purchase Products from or otherwise use the Website. By using this Website, you agree to be bound by the Terms and Conditions that are posted on the Website at the time of your access or purchase.

General Terms and Conditions

The Products on this Website are intended for personal, non-commercial purposes only. Except as expressly permitted in these Term and Conditions, you may not use, reproduce, distribute, adapt, modify, reverse engineer, copy, publish, display, transmit, link, rent, frame, lease, loan, sell, license, or in any way exploit the content or Products of this Website. You agree to use this Website, its Products and content, only for lawful, non-commercial purposes and in compliance with all the international, federal, state and local laws.

AYURMAGIK does not authorise or permit the resale of our Products by unauthorised resellers, retailers or distributors. Any account associated with a purchase order that we suspect is connected with the illegal distribution of our Products, or any other activity that was not pre-approved in writing by an authorised officer of AYURMAGIK, may be subject to suspension or termination and restrained from further access to this Website. Any open orders associated with such an account will then be cancelled and credited back to the original purchaser. AYURMAGIK reserves the right to pursue any unlawful reseller, retailer or distributor for violations under applicable law.

AYURMAGIK only ships Product orders to shipping addresses that is a physical address. The use of a false name, address, telephone number and/or credit card number to purchase any Products on this Website shall constitute fraud under applicable laws and shall constitute your stipulation and admission that 1) your use of a false name, address, telephone number and/or credit card was and is a fraudulent representation made at the time of purchase; 2) was made with the knowledge of said falsity; 3) was made with the intention to defraud AYURMAGIK; 4) that AYURMAGIK’s reliance on your fraudulent representations was and is actual, justifiable and reasonable, and; 5) that AYURMAGIK was and is damaged by your fraud. You further stipulate and admit that such conduct was and is carried out with fraud, malice and oppression and, therefore, an award of punitive damages is both necessary and proper for such conduct. All instances of fraud shall be prosecuted to the fullest extent of the law.

Privacy Policy

You may learn more about our practices with respect to the collection, use, disclosure and protection of your information, by visiting our Privacy Policy page here. Our Privacy Policy is incorporated into these Terms and Conditions and by using this Website, you also agree to the terms of our Privacy Policy.

Product Availability

The availability and descriptions of the Products included on this Website may vary based on location and timing.

User Content

AYURMAGIK welcomes comments and submissions from our Website and Product users. From time to time, you and other users of this Website may have an opportunity to post to this Website your ideas, information, data, text, photographs, graphics, videos, music, sound, messages, and comments, or events, facts, advice, tips, opinions and other material (collectively, the “User Content”).

You do not have to submit anything to this Website, but if you do choose to submit any User Content, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. Therefore, if you have an idea or information that you would like to keep confidential or do not want others to use, then do not post it on this Website. We are not responsible for any user’s misuse or misappropriation of any User Content that you post on this Website.

By submitting, sending, posting, uploading or otherwise providing User Content to us, whether solicited or unsolicited, you grant us and our affiliates the royalty-free, fully paid, unrestricted, perpetual, worldwide, irrevocable, non-exclusive, fully transferrable, assignable and sub-licensable right and license to use, copy, modify, publish, adapt, translate, create derivative works from, distribute, commercialise, perform or display such User Content (in whole or in part), and to incorporate the User Content in other works in/of any form, media, or technology (now known or later developed) for any purpose including, without limitation, advertising and promotional purposes. Our reproduction, transmission, publication, broadcast and posting of your User Content may be made without any further consent by you or notice, credit and/or compensation to you or any third parties. We and our affiliates also have the right but not the obligation, to use your username and real name, image, likeness, city, state or other identifying information, if provided by you in connection with your User Content, in connection with any broadcast, print, online or other use or publication of your User Content. Notwithstanding the foregoing, other personally identifiable data, if any, included in User Content shall be handled in accordance with our Privacy Policy.

By submitting any User Content to us and/or our Website, you further represent and warrant that you own or otherwise control any and all rights in and to the User Content, and that our posting and use of that User Content will not infringe or violate the rights of any third party in any manner including, without limitation, any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.

​Your Representations and Warranties

You represent and warrant that: (i) you are above the legal age of majority in your jurisdiction of residence; (ii) you have not previously been either suspended or removed from this Website; (iii) you do not currently, nor will you at any given time in the future, have more than one (1) customer account for this Website; (iv) you will provide us with true, accurate, current and complete information if you register for an account and/or Order; and (v) you have capacity and authority to enter into these Terms and Conditions and, in doing so, will not violate any other agreement to which you are a party.

If we believe or suspect that your account information is not true, accurate, current or complete, we may deny or terminate your access to this Website (or any portion thereof).

​Intellectual Property & Trademark Rights

This Website and all of its contents including, but not limited to, articles and other text, photographs, images, illustrations, graphics, video material, audio material (including musical compositions and sound recordings), logos, trademarks, trade names, titles, characters, names, software, graphics and button icons, excluding User Content (collectively, “Proprietary Material”), are protected by copyright, trademark and other laws. All Proprietary Material on the Website is owned or controlled by AYURMAGIK or by third parties that have provided rights thereto to AYURMAGIK.

Except as otherwise provided in these Terms and Conditions or with our express prior written permission, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, publicly perform or display, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any technology or media now known or later developed.

Modification of the Proprietary Material on this Website or use of such Proprietary Material for any purpose is a violation of our copyright and other proprietary rights.

​Claims Regarding Copyright Infringement

If you are a copyright owner, or an agent thereof, and you believe that any User Content or other content on this Website infringes upon your copyright, you may submit us a notification:

  1. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which should be disabled, and details reasonably sufficient to help us locate the material on the Website;
  3. Information reasonably sufficient to permit us to contact you (i.e., your name, address, telephone number, and, if available, your e-mail address);
  4. A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  5. A statement, under penalty of perjury, that the information in the above notification is accurate and that you are the owner, or are authorised to act on his or her behalf, of an exclusive right that is allegedly infringed; and
  6. Your physical or electronic signature.

After receiving a notification of infringement, we will investigate the claim and take appropriate actions.

​Delivery Policy

All goods will be delivered within 2 to 5 working days from receipt of payment within the territory of Switzerland and Germany. International deliveries are in line with DHL delivery schedules and policies.

Return/Refund Policy

AYURMAGIK accepts return of sold goods only under conditions where the customer is able to prove beyond reasonable doubt that goods received are defective. However such claims have to be notified to AYURMAGIK Customer Support (support@ayurmagik.com) within 48 hours of receipt of goods by the customer with legally verifiable proof of claims if any. Notwithstanding anything contained herein above or hereinafter, the liability of AYURMAGIK in the unlikely case of defective goods sold stands limited irrespective of any and all circumstances to the specific price of the goods purchased and no other claims will be entertained.

The refund amount will be effected to the bank account or the card from which the payment was received. This will be subject bank charges as may be applicable.

Cancellation Policy

Cancellation and/or Rescheduling of services is permitted subject to the AYURMAGIK Customer Support (support@ayurmagik.com) being informed at least 24 hours in advance of scheduled booking. If the booking is rescheduled or cancelled 24 hours prior to the originally scheduled time, then the customer will be given a 100 % refund within 14 days.

Disclaimer

AYURMAGIK (INCLUDING OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS AND EMPLOYEES (COLLECTIVELY, “RELATED PARTIES”)) PROVIDES THE WEBSITE, PRODUCTS, AND CONTENTS OF ITS WEBSITE ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, AYURMAGIK AND ITS RELATED PARTIES DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

AYURMAGIK AND ITS RELATED PARTIES DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON SUBSCRIBING OR USING THIS WEBSITE. THEREFORE, WE DECLINE ALL LIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.

IN ADDITION, AYURMAGIK AND ITS RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT.

REMEDIES: THE HOME REMEDIES GIVEN ON THE SITE ARE BASED ON THE THERAPEUTIC USAGES OF CULINARY HERBS. THESE CAN BE TAKEN FOR MINOR AILMENTS BUT ARE IN NO WAY A SUBSTITUTE OF A PHYSICIAN’S DIAGNOSIS. IF THE PROBLEM PERSISTS, CONSULT YOUR DOCTOR IMMEDIATELY. ALTHOUGH THESE REMEDIES ARE GENERALLY SAFE FOR THE PUBLIC AND USUALLY HAVE NO SIDE EFFECTS, AYURMAGIK ADVISES THAT THESE BE PRACTISED / TAKEN AT THE USER’S SOLE DISCRETION.

OUR SERVICES: ALL INFORMATION AND CONTENT AS ALSO AYURVEDIC ADVISORY SERVICES SUCH AS BUT NOT LIMITED TO „TALK TO AN EXPERT“ AND „SKYPE-CALL AN EXPERT“ ON AYURMAGIK.COM ARE MADE AVAILABLE TO ALL USERS OF THE WEBSITE FOR THE PURPOSE OF EDUCATION AND GENERAL GUIDANCE ONLY AND DO NOT IN ANY MANNER OR WAY GUARANTEE AN OUTCOME. OUR INFORMATION AND CONTENT IS CURATED FROM THE MOST RELIABLE OF SOURCES AND OUR EDITORIAL TEAM DOES ITS BEST TO CHECK VERACITY AND EFFECTIVITY BUT UNDER NO CIRCUMSTANCES ARE USERS OF THE WEBSITES AND ITS PRODUCTS AND SERVICES ADVISED OR ASSURED OF GUARANTEED CURES OR MEDICAL SOLUTIONS TO SPECIFIC HEALTH ISSUES. USERS ARE ADVISED TO AVOID SELF-DIAGNOSIS AND MEDICATION AND CONSULT THEIR MEDICAL CONSULTANT OR PRACTITIONERS IN CASE OF ACUTE OR CRITICAL CONDITIONS.

Indemnification

By using this Website, you agree to defend, indemnify, and hold us, our parent companies, subsidiaries and affiliates, and each of their respective managers, members, officers, directors, affiliates, employees, contractors and suppliers harmless from any and all claims, liabilities, losses, damages, costs, and expenses, including but not limited to attorneys’ fees and expenses, arising from or in connection with your use of this Website or any Products available on or through this Website, the uploading, posting, e-mailing, or transmission of any User Content or other materials, infringement of any Proprietary Material, or any violation by you of these Terms and Conditions, the Privacy Policy or any other policy posted from time to time on this Website applicable to your use of this Website. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with and assist us in asserting any available defenses.

​Limitation Of Liability

WE AND OUR RELATED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE, ITS CONTENT OR ANY PRODUCT SOLD OR ADVERTISED ON THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR INJURY, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR RELATED PARTIES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEBSITE OR USE OF ANY PRODUCT ADVERTISED OR SOLD ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND/OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, STATEMENT OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF A PROFESSIONAL, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, STATEMENT OR OTHER CONTENT ON THE WEBSITE.

IN THE EVENT OF ANY ISSUE YOU ENCOUNTER WITH THIS WEBSITE OR ANY CONTENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH PRODUCTS THAT YOU HAVE PURCHASED THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN FOR SUCH PRODUCTS IN ACCORDANCE WITH THE POLICIES POSTED ON THIS WEBSITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THIS WEBSITE OR ANY CONTENTS OR PRODUCTS OBTAINED, PURCHASED, OR DOWNLOADED FROM THIS WEBSITE MUST BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND AYURMAGIK FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Governing Law; Miscellaneous

We control and operate this Website from our offices in Switzerland. We welcome visitors from all parts of the world; however, all visitors acknowledge that this Website, and all content and Products available on and through this Website, are governed by the laws of Switzerland. We do not represent that the content or Products on this Website are appropriate or available for use in other locations. Persons who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with any applicable local laws.

By using this Website, you agree that the laws of Switzerland shall govern your use of this Website, its content and the purchase of any Products.

A printed version of the Terms and Conditions and of any notice or communication given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms and Conditions shall be binding upon and inure to the benefit of each of the parties hereto, and their respective successors and permitted assigns. You may not assign your rights or obligations under these Terms and Conditions at any time. Both parties acknowledge that these Terms and Conditions express both parties entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth in these Terms and Conditions. The parties agree that these Terms and Conditions shall be interpreted as though co-drafted by both parties hereto and any rules of contract interpretation favouring one party over the other shall be disregarded. Captions and section headings used in these Terms and Conditions are for convenience only. All necessary provisions shall survive any termination of these Terms and Conditions for any reason. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect. The failure of AYURMAGIK to exercise in any respect any right provided for herein shall not be deemed a waiver of any of its rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect. Any specific right or remedy provided in these Terms and Conditions shall not be exclusive but shall be cumulative upon all other rights and remedies set forth these Terms and Conditions and allowed under applicable law.

All Products ship from our specified Dispatch Centers and customers are solely responsible for the payment of any applicable customs, import, export, and excise duty, VAT and/or other taxes and fees.

Effective date: 31/10/2020