Conditions of Use

Introduction

Welcome to rabbitinmyhat.com! This Web site is provided as a service to our customers. Please review the following basic rules that govern your use of our Web site (the "Agreement"). Please note that your use of our Web site and the subsequent submission of an order constitute your unconditional agreement to follow and be bound by the Terms and Conditions outlined herein. 

 

Guarantee

At Rabbit In My Hat, our goal is total customer satisfaction.  We offer a 100% satisfaction guarantee of your money refunded on merchandise returned within seven (7) days of receipt.  If you fail to receive your order or if it arrives in damaged condition; we will replace it absolutely free.  Please review all terms and conditions in order to receive full refund.

 

Availability

All merchandise is offered subject to availability.

 

Order Placement

Orders can be placed using the online shopping cart.

 

Order Confirmation

Shortly after placing your order, you will receive an email confirming that we have received your order.  Please save these email notices for your records.

 

Out of Stock Items

Most orders are filled completely, but from time to time we do run out of stock. In such case, a non-shipped item will be backordered and an email will be sent notifying you of the circumstances and expected shipping date. Out of stock items ordered will be filled within 2-6 weeks. 

 

Prices

All prices are in US dollars and are subject to change without notice.

 

Payment

All orders must be prepaid. We accept your credit card payments through Paypal. Also accepted are money orders and personal checks. Please note that personal check transactions may take an additional five (5) days to process until the bank clears the funds. We cannot accept checks drawn on non-US banks.

 

Sales Tax

We are required to collect Sales Tax on all orders shipped to receiving parties within the state of New Jersey.

 

Shipping Method 

Most orders are shipped via US Postal Service with Tracking Confirmation, unless requested otherwise.  Your order can be shipped to an address other than the address you used when you created an account. 

 

Please allow extra shipping time to international destinations.

 

Merchandise Damaged During Shipping

Please inspect your shipment as soon as it arrives. If the merchandise has been damaged during shipment, you must contact us immediately (within 24 hours), as the shipper has a limited time to make a claim with the Delivery Company.   Upon receipt of damaged merchandise:

  1. Please let us about any damage or other problem via email Rabbit In My Hat within 24 hours.  Please include your purchase order number and your contact information so that we may provide a quick response to advise you on how to proceed. Our goal is your satisfaction.

 

Delivery of Your Order

Normally all orders are shipped within three (3) business days.  Please allow 5 to 10 business days for receipt of your goods.

 

Delivery Confirmation

Customers agree that Delivery Confirmation, as provided by USPS (or other authorized carrier) shall serve as bonafide proof of delivery of packages to the customers shipping address. Customer agrees that they are solely responsible for the security of their mail receiving area and shall hold Rabbit In My Hat harmless for any missing parcels or losses once a package is confirmed as having been delivered to the customers shipping address. No refunds will be honored under these circumstances.

 

Lost Orders

All claims for lost orders must be reported within ten (10) business days of shipping, or we claim no liability.  If you need to file a claim for a lost order, please contact Rabbit In My Hat via email.  Please include your purchase order number and your contact information so that we may provide a quick response.

 

Returns, Refunds, or Exchanges

If you are not completely satisfied with your purchase, you may return the merchandise to Rabbit In My Hat for full credit, refund or exchange, subject to the following criteria:

  1. That you contact Rabbit In My Hat via email within seven (7) days of receipt of the merchandise, and allow us the opportunity to resolve the problem. If we can't resolve the problem, we will issue a Return Merchandise Authorization (RMA). You must return the item within seven (7) days from the date the authorization (RMA) is issued. The item must be returned prepaid, regular UPS or an equal carrier.
  2. That you return the merchandise must in 'original, as sold ' condition, in the original packaging. Refunds will not be made if there are any missing parts or alterations to the merchandise and/or packaging.        
  3. All return shipping will be at the cost of the customer.
  4. Due to the nature of magic tricks, their value is usually in the knowing of how they work. Therefore, magic tricks are not generally subject to return unless damaged or not as advertised.

 

Catalog

We do not mail-out a catalog. All of our merchandise is on our on-line catalog via the Internet.

 

Privacy and Security

Rabbit In My Hat strives to maintain customer confidentiality.  No information will be sold or shared with third parties. Customers may on occasion receive email from us.

 

Modification of Terms and Conditions

Rabbit In My Hat reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the rabbitinmyat.com Web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.

 

Proprietary Rights

Content included on or comprising the rabbitinmyhat.com Web site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.  Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.  The compilation (meaning the collection, arrangement, and assembly) of all content on this Web site is the exclusive property of rabbitinmyhat.com and is also protected by U.S. and international copyright laws.  Rabbitinmyhat.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Web site.

 

Use of this Site

This Web site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Web site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Web site or any related software. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.  It is strictly prohibited to download the images of the products for sale within this site.  Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
 

Site Security

Users are prohibited from violating or attempting to violate the security of the Web site, including, without limitation,  (a) sending unsolicited email, including promotions and/or advertising of products or services; or  (b) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" or (c) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (d) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;  or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Web site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web site other than the search engine and search agents that may be provided on this Web site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

 

General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.

 

Applicable Law
The rabbitinmyhat.com Web site is created, operated and controlled by Rabbit In My Hat in the State of New Jersey, United States of America.  The laws of the State of New Jersey will govern these Terms of Service without giving effect to any principles or conflicts of laws. We reserve the right to make changes to the rabbitinmyhat.com Web site and these Terms of Service at any time by updating this posting. By using the rabbitinmyhat.com Web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Service to which you are bound.

 

Indemnification

You agree to defend, indemnify and hold Rabbit In My Hat harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Web site.

 

Termination

These terms are effective unless and until terminated by either you or rabbitinmyhat.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Rabbitinmyhat.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in rabbitinmyhat.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or rabbitinmyhat.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. These terms are effective unless and until terminated by either you or rabbitinmyhat.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Web site. Rabbitinmyhat.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Web site, if in rabbitinmyhat.com's sole discretion you fail to comply with any term or provision of this Agreement.

 

Errors on Our Site
Prices and availability are subject to change without notice. Errors will be corrected where discovered, and Rabbit In My Hat reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, rabbitinmyhat.com will issue a credit to your PayPal account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
 

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Web site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

 

Quantities May be Limited
Rabbit In My Hat reserves the right to limit the quantities sold, including the right to limit or prohibit sales to dealers.  Notification will be provided to the customer should this occur.

 

Disclaimer

This Web site is provided by rabbitinmyhat.com on an "As Is" and "As Available" Basis.  Rabbitinmyhat.com makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this Web site.  To the full extent permissible by applicable law, rabbitinmyhat.com disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose.  Without limiting the foregoing, rabbitinmyhat.com disclaims any and all warranties, express or implied, for any merchandise offered on this site.  No oral advice or written information given by Rabbit In My Hat shall create a warranty. You expressly agree that use of the rabbitinmyhat.com Web site is at your sole risk.  This disclaimer does not apply to any product warranty offered by the manufacturer of the item.  

 

Limitation of Liability

Under no circumstances shall Rabbit In My Hat or its employees be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the rabbitinmyhat.com Web site, including but not limited to reliance by a user on any information obtained at the rabbitinmyhat.com Web site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Rabbit In My Hat records, programs or services.   The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortious action, even if an authorized representative of Rabbit In My Hat has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the rabbitinyhat.com.net Web site.

 

These Terms and Conditions represent the entire agreement between you and Rabbit In My Hat regarding your relationship with Rabbit In My Hat and supercede any prior statements or representations. By using the rabbitinmyhat.com Web site you agree to be bound by the Terms and Conditions. If you are dissatisfied with the rabbitinmyhat.com Web site or any content on the rabbitinmyhat.com Web site or with these Terms of Service, your sole and exclusive remedy is to discontinue using the rabbitinmyhat.com Web site.

 

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