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TERMS AND CONDITIONS

Section I

General

  1. These Terms and Conditions shall apply to sales of goods by MAGINOT SECURITY INC. to the Buyer to the exclusion of all other Terms and Conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by MAGINOT SECURITY INC. in writing.
  2. Any variation to these Terms and Conditions, including any special terms and conditions agreed between the parties, shall be inapplicable unless agreed to in writing by MAGINOT SECURITY INC.
  3. Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
  4. Any policies contained in this document are subject to change without notice; and MAGINOT SECURITY INC. does not take responsibility for any printing or typing errors contained within this document.

Section II

Shipping

  1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
  2. In general, Goods ordered will be arranged for, and shipped by MAGINOT SECURITY INC. by the end of the same business day, unless outside circumstances prohibit this. Order deadline for Goods to be shipped on the date of the order is 3 PM, Eastern Standard Time. Goods ordered after this time may be arranged for, and shipped by MAGINOT SECURITY INC. the next business day. If MAGINOT SECURITY INC. is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then MAGINOT SECURITY INC. shall be entitled to place the Goods in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.

Section III

Limited Warranty

  1. MAGINOT SECURITY INC. guarantees to the Buyer, and only the Buyer, that: Goods will be free from material defects and defects in workmanship for a certain period based on the type of goods purchased; and that during the warranty period, Goods will materially conform to applicable specifications.
  2. MAGINOT SECURITY INC. will have no obligation or responsibility to honor any warranty regarding any Goods that: have been modified or altered without MAGINOT SECURITY INC.’s express prior written permission; have not been used in accordance with applicable documentation or specifications; have been subjected to unusual stress, neglect, misuse, abuse, improper storage, testing, connection or unauthorized repair; or have fallen out of warranty period.
  3. MAGINOT SECURITY INC. makes no warranties or conditions, be they express, implied, statutory or otherwise, other than the warranty guarantees above. MAGINOT SECURITY INC. specifically disclaims all other warranties and conditions, be they express, implied, statutory or otherwise; this includes implied fitness for particular purpose, non-infringement, implied conditions of merchantability, and/or implied condition of satisfactory quality. All software products are included on an “as is” basis. MAGINOT SECURITY INC. does not guarantee that: the operation of Goods and parts will be uninterrupted or error-free; Goods, parts and applicable specifications will meet the Buyer’s requirements; Goods and parts will operate in combinations and configurations selected by the Buyer; or that software product errors will be corrected or changed.
  4. Unless otherwise specified by the Buyer, Goods have the following warranty period, beginning at the date of purchase. DVRs, NVRs and IP cameras (excluding IP Pan/Tilt/Zoom type cameras) carry a warranty period of three (3) years; IP Pan/Tilt/Zoom type and analog cameras carry a warranty period of two (2) years; items specifically listed as “Accessories” in MAGINOT SECURITY INC.’s catalog carry a warranty period of one (1) year. MAGINOT SECURITY INC. does not extend a warranty for hard drives of any kind. Premade cabling and boxed spool cabling do not carry a warranty of any kind.
  5. Any extended terms and conditions concerning this limited warranty mentioned in MAGINOT SECURITY INC.’s RMA policy will apply to, and be considered by MAGINOT SECURITY INC. as an extension of, this limited warranty.

Section IV

Limitation of Liability

  1. MAGINOT SECURITY INC. shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.
  2. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of MAGINOT SECURITY INC. for death or personal injury as a result of MAGINOT SECURITY INC.'s negligence or that of its employees or agents.

Section V

Force Majeure

  1. MAGINOT SECURITY INC. shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside it's reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and MAGINOT SECURITY INC. shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as MAGINOT SECURITY INC. considers unreasonable, it may, without liability on its part, terminate the contract. 

Section VI

Governing Law and Jurisdiction

  1. This Agreement shall be governed by and construed in accordance with the laws of The State of Delaware, County of New Castle and the parties hereby submit to the exclusive jurisdiction of the U.S.

 

    MAGINOT SECURITY INC. PAYMENT POLICY

     

    Section I

    Payment Policy Governance

    1. All payments to MAGINOT SECURITY INC. are to be made in US Dollars (USD). MAGINOT SECURITY INC. accepts payments for goods and services in the following forms: cash, certified check, credit card, PayPal payments and wire transfers. MAGINOT SECURITY INC. accepts the following credit cards: American Express, Master Card, Visa and Discover Card. A valid credit card, to be kept on file regardless of any other existing payment agreement, is required to conduct business or make purchases from MAGINOT SECURITY INC. MAGINOT SECURITY INC. reserves the right to periodically check that on-file credit cards are valid and place any accounts without a valid credit card on credit hold.
    2. All payments to MAGINOT SECURITY INC. are to be made in full at the time of purchase or pick up. No partial payments are accepted. Payments terms are not accepted unless otherwise specifically agreed to by MAGINOT SECURITY INC. in writing.
    3. Any policies contained in this document are subject to change without notice; and MAGINOT SECURITY INC. does not take responsibility for any printing or typing errors contained within this document. MAGINOT SECURITY INC. will not accept an agreement concerning this document if it is altered by the customer in any way.

    Section II

    Fee Schedules and Collections

    1. Checks that are unpaid due to insufficient funds, stopped payments, etc. are subject to a thirty five dollar ($35) processing fee; PayPal payments are subject to an additional three percent (3%) processing fee.
    2. Unpaid balances will be subject to service charges three (3) business days past the due date. Each unpaid or partially paid invoice carries a one-time fee of twenty five dollars ($25) and an additional service charge of two percent (2%) of the total invoice will be added to the balance monthly, prorated from the due date, to a maximum of an additional twenty four (24%) percent per annum.
    3. Any and all attempts will be made by MAGINOT SECURITY INC. to collect payment for goods and services at term. If any action, arbitration or suit is enacted upon a result of non-payment, MAGINOT SECURITY INC. will make any and all attempts to recover attorney’s fees, court costs and other reasonable expenses; any and all attempts to recover such fees will also be made in the event of any appeals to said actions, arbitrations and/or suits. MAGINOT SECURITY INC. will make any and all attempts to collect all fees that are actually incurred for the collection of debt, whether or not an action, arbitration or suit is instituted.

     

    MAGINOT SECURITY INC. AUTHORIZED RESELLER POLICY

     

    MAGINOT SECURITY INC. Goods should be sold only by Authorized Resellers who fulfill their responsibilities to be active and positive channel participants and who maintain their sales volume, standing and status on MAGINOT SECURITY INC.’s list of Authorized Resellers. We at MAGINOT SECURITY INC. believe that this is a key component of our growth strategy: to ensure that MAGINOT SECURITY INC. Goods are supported by proper presentation and placement, advertising that best conveys the value of the brand to customers and end users and strong values of customer service and education.

    MAGINOT SECURITY INC. has instituted a Minimum Advertised Price (MAP) for our entire product line to all Authorized Resellers. MAP has been implemented in order for us to better compete in an ever-expanding marketplace; in particular, we at MAGINOT SECURITY INC. have determined that MAP is a necessary and critical step to avoid channel conflicts and to ensure that MAGINOT SECURITY INC.’s products are supported with the appropriate marketing, merchandising, pre- and post-sale customer service and technical support, education and sufficient inventory to service our target markets.

    MAGINOT SECURITY INC. may monitor the advertised prices of our Authorized Resellers, either directly or via the use of third-party tools and personnel. This monitoring may include our Authorized Resellers’ print, Internet and other advertisements, as well as a review of our Authorized Resellers’ advertised prices, guarantees and RMA Policies.

    MAGINOT SECURITY INC. Goods purchased outside of direct Authorized Resellers are in no way entitled to warranties, customer or technical support, or any other guarantees contained in any of MAGINOT SECURITY INC.’s other policies. MAGINOT SECURITY INC. Goods sold outside of direct Authorized Resellers; such as Goods sold through EBay, Amazon or other indirect, anonymous Internet sources, are also in no way entitled to warranties, customer or technical support or any other guarantees contained in any of MAGINOT SECURITY INC.’s other policies.

    MAGINOT SECURITY INC. product prices are based on a tiered volume system as set forth in the MAGINOT SECURITY Product Price List and catalog. Authorized Resellers will be assigned a price tier level with a minimum monthly sales volume; this volume must be consistently maintained to continue receiving the approved volume discount. MAGINOT SECURITY INC. will review accounts on a monthly basis to ensure compliance with this policy; resellers who fail to meet volume requirements for two (2) consecutive months will be moved to a higher price tier without exception. Resellers who exceed monthly volume requirements will be eligible to be moved to a lower price tier upon approval from an assigned account manager. MAGINOT SECURITY, INC. reserves the right to change pricing and or tier structure at any time. Items guaranteed under price matching do not fall under this policy.

    There are no exceptions to this Authorized Reseller Policy, as it embodies the cornerstone of our business plan.

     

    MAGINOT SECURITY INC. RMA POLICY

     

    Section I

    Advance Replacement Policy

    1. MAGINOT SECURITY INC. will send an advance replacement for any in-stock defective product(s), excluding hard drives, which the customer wishes to return. An RMA charge will be added to the customer’s invoice containing the item(s) to be returned for the replacement product(s). An RMA, complete with RMA number, must be issued by a technician. An RMA form must also be completed and returned with the product(s). MAGINOT SECURITY INC. does not offer RMAs or returns for any type of hard drive, specifically concerning “break/fix” situations. RMA requests for hard drives must be sent directly to Western Digital.
    2. The customer will ship the defective product(s) back to MAGINOT SECURITY INC. Once MAGINOT SECURITY INC. has received the defective product(s), the RMA charge on the customer's invoice will be credited out. However, if MAGINOT SECURITY INC. does not receive the defective product(s) within fourteen (14) calendar days from the date of the original RMA, the RMA charge will instead become a fee on the original invoice, without refund or exception.
    3. Unless otherwise stated, if the technician handling the RMA determines that the returned merchandise has no defects, a 30% restocking fee based on the MSRP of the equipment will be charged to the user's account without exception unless the customer requests working items to be sent back to their location. If working items are requested to be sent back to the customer’s location, the customer will pay for return shipping to their location or forfeit the item(s) entirely; forfeited items will not be refunded by any means.
    4. The customer will pay any shipping fees accrued by MAGINOT SECURITY INC. for any cancelled RMAs without exception.

    Section II

    Exchange and Return Policy

    1. MAGINOT SECURITY INC. will honor exchanges and returns for up thirty (30) calendar days from the date of the original invoice for any unused, unopened equipment. After thirty (30) calendar days, all sales are considered final. MAGINOT SECURITY INC. does not accept returns or exchanges on opened premade cables or spool cabling.
    2. An RMA, complete with RMA number, must be issued for exchange(s) and/or return(s) by a technician. An RMA form must also be completed and returned with the product(s).
    3. All returns are subject to inspection. At the discretion of the technician handling the return and/or the Chief Technical Officer, exchanges and/or returns may be refused due to damages, incomplete returns and/or missing items.
    4. Customer is required to cover shipping costs to MAGINOT SECURITY INC. for exchange(s) and/or return(s). If a returned product is not found to be in resalable condition, the customer will pay for return shipping to their location or forfeit the item(s) entirely; forfeited items will not be refunded by any means.
    5. Unused, unopened returns falling under this section are subject to a refund, minus original shipping charges, in the form of an account credit. Open and/or used returns are subject to a refund, minus original shipping charges and a 5% restocking fee, based on the purchase price of the equipment, without exception, as an account credit.

    Section III

    "Dead on Arrival" (DOA)/Missing Items Policy

    1. The customer has seven (7) calendar days from the original FedEx/UPS/etc. delivery date of package(s) to inform MAGINOT SECURITY INC. of any missing item(s) or item(s) that arrive(s) DOA.
    2. If MAGINOT SECURITY INC. receives notice within seven (7) calendar day period, MAGINOT SECURITY INC. will pay for shipping costs to replace DOA or missing items. If MAGINOT SECURITY INC. receives notice after the seven (7) calendar day period, the customer will pay for the shipping costs to replace the DOA or missing item(s). Any damages incurred during shipment, shortages, over deliveries and duplicated orders should be reported to MAGINOT SECURITY INC. within seven (7) days of signed receipt to enable replacement or refund.
    3. An RMA, complete with RMA number, must be issued for DOA return(s) by a technician. An RMA form must also be completed and returned with the product(s).
    4. All shipping costs mentioned in this section refer to ground shipping within the continental United States only.

    Section IV

    General Policies

    1. MAGINOT SECURITY INC. does not cover under warranty damages that occur due to user error, negligence and/or special cases such as "acts of god.” The final determination of warranty status is at the discretion of the technician handling the RMA and/or the Chief Technical Officer. The warranty period for RMAs will be for the existing remainder of the original warranty period; a warranty for an RMA will not restart or “refresh” with the receipt of any replacement product(s).
    2. If a product model that has been discontinued is being returned for replacement, MAGINOT SECURITY INC. reserves the right to replace it with a new model/similar item of the “next generation” product.
    3. MAGINOT SECURITY INC. reserves the right to perform due diligence (including any technical support, inquiries, etc.) before issuing any type of RMA or return. Customers refusing technical support and/or inquiries will have requests for RMAs, returns and/or exchanges refused.
    4. For any product(s) sent in error (wrong product shipped, product does not meet specifications), MAGINOT SECURITY INC. guarantees that no restocking fee shall apply to returned product(s).
    5. Returns, exchanges, RMAs, etc. granted before January 1st, 2014 do not apply to this document.
    6. If a customer is found abusing any of the policies contained in this document, MAGINOT SECURITY INC. reserves the right to void this agreement without notice and refuse any further advance replacements, returns and/or technical support. The final determination of abuse is at the discretion of the Chief Technical Officer.
    7. Any policies contained in this document are subject to change without notice; and MAGINOT SECURITY INC. does not take responsibility for any printing or typing errors contained within this document. MAGINOT SECURITY INC. will not accept an agreement concerning this document if it is altered by the customer in any way.

     Section V

    Packaging Procedure

    1. All RMAs, returns, etc. will comply with the packaging procedures below. Any RMAs, returns, etc., not in compliance to these packaging procedures will be refused and are subject to the sections above.
    2. The customer will write the RMA number on at least three sides of any shipping packages.
    3. DO NOT WRITE ON ORIGINAL PRODUCT PACKAGING. Items returned with writing on the product packaging are subject to a 10% restocking fee based on the purchase price of product(s) without regard to their condition and without exception. This fee is in addition to any other fees mentioned in other sections above. This includes, but is not limited to, markings of any kind on the original package, original equipment and/or placing shipping labels on the original package.
    4. Customer will be required to ship defective product(s) in acceptable packaging, taking all necessary and proper steps to minimize/prevent further damage.
    5. Customer is responsible to fully complete RMA form(s) and return with defective product(s).

     Please send all RMA packages to:

       MAGINOT SECURITY INC

       Shipping Department

       4023 Kennett Pike Suite 288

       Wilmington, DE 19807

       Reference: (RMA number)

     

    MAGINOT SECURITY INC. PRIVACY STATEMENT

     

    SECTION 1

    WHAT DO WE DO WITH YOUR INFORMATION?

    When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

    When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

    Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

    SECTION 2

    CONSENT

    How do you get my consent?

    When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

    If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

    How do I withdraw my consent?

    If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at Info@MaginotSecurity.com or mailing us at:

    Maginot Security

    4023 Kennett Pike Suite 288

    Wilmington Delaware US 19807

    SECTION 3

    DISCLOSURE

    We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

    SECTION 4

    SHOPIFY

    Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

    Payment:

    If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

    All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

    PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

    For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

    Links

    When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

    Google analytics:

    Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at

    SECTION 5 

    SECURITY

    To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

    If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

    SECTION 6

    COOKIES

    Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.

    _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).

    _shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits

    _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.

    cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.

    _secure_session_id, unique token, sessional

    storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

    PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where

    SECTION 7

    AGE OF CONSENT

    By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

    SECTION 8

    CHANGES TO THIS PRIVACY POLICY

    We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

    If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

     

    QUESTIONS AND CONTACT INFORMATION

     

    If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at Info@MaginotSecurity.com or by mail at

    Maginot Security

    [Re: Privacy Compliance Officer]

    4023 Kennett Pike Suite 288

    Wilmington Delaware US 19807

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