CONDITIONS OF USE
THESE TERMS AND CONDITIONS APPLY TO THE USE OF WWW.LEGBASTORE.COM ("this Website"). BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. USING THIS WEBSITE INDICATES YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER YOU REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
1.1 You will be able to access most areas of this Website without registering any personal details. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time, by updating this posting. You should check this Website from time to time to review its current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. Ordering From Us
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing your order.
2.2 Our acceptance of your order takes place when we change your order status to Pending from Processing. We will send you a confirmation of this status change by email. When we change your order status, the purchase contract is deemed to be made, even if your payment has been processed immediately, unless we have notified you that we do not accept your order, or you cancel your order previous to the status update to Pending.
2.3 We may refuse to accept an order:
- where goods are not available;
- where we cannot obtain payment authorization;
- if there has been a pricing or product description error; or
- if you do not meet eligibility criteria set out in our terms and conditions.
3.1 You are permitted to print and download extracts from this Website for your own personal use on the following basis:
- no documents or related graphics on this Website are modified in any way;
- no graphics on this Website are used separately from accompanying text; and
-any of our copyright and trademark notices and this permission notice appear in all copies.
3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates, and you must immediately destroy any downloaded or printed extracts from this Website.
3.3 No part of this Website may be reproduced or stored in any other website, or included in any public or private electronic retrieval system or service, without our prior written permission.
3.4 Any rights not expressly granted in these terms are reserved.
4. Service Access
4.1 While we endeavor to ensure that this Website is available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
4.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for technical reasons beyond our control.
5. Visitor Material & Conduct
5.2 You are prohibited from posting or transmitting to or from this Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the United States or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data).
5.3 You may not misuse the Website (including, without limitation, by hacking).
5.4 We fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 6.2 or 6.3.
6. Links to and From Other Websites
6.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not necessarily reviewed all of these third party websites and do not control them. We are thus not responsible for these websites or their content or availability in any way. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any third party websites linked to this Website, you do so entirely at your own risk.
6.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of our logo;
- you do not create a frame or any other browser or border environment around this Website;
- you do not in any way imply that we are endorsing any products or services other than our own;
- you do not misrepresent your relationship with us nor present any other false information about us;
- you do not otherwise use any Legba's Crossroads trademarks or copyrights displayed on this Website without our express written permission;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person, or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 7.2 for breach of these terms, and to take any action we deem appropriate.
6.3 You shall fully indemnify us for any loss or damage we or any of our employees or affiliated companies may suffer or incur as a result of your breach of clause 7.2.
7.1 To register with this Website, you confirm and verify that you are over eighteen (18) years of age.
7.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person, nor with multiple users on a network.
7.3 Responsibility for the security of any passwords issued rests with you. If you know or suspect that someone else knows your password, you should contact us immediately.
7.4 We may suspend or cancel your registration immediately at our reasonable discretion, or if you breach any of your obligations under these terms and conditions.
8.1 While we endeavor to ensure that information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
8.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
8.3 Legally, Legba's Crossroads cannot guarantee the effectiveness of products sold on this Website, nor can it guarantee results or take any responsibility for the outcomes of using spiritual or magical products. All magical and spiritual items are sold as curios, and may require the belief and will of the individual to aid their effectiveness.
9.1 We, any other party (whether or not involved in creating, producing, maintaining, or delivering this Website), and any of our affiliated companies and the officers, directors, employees, shareholders, or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
9.2 Nothing in these terms and conditions shall exclude or limit our liability for:
- death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
9.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
10. Law and Jurisdiction
10.1 These terms and conditions shall be governed by and construed in accordance with United States law federally, and state law as represented in the state of Oregon. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the US federal and/or Oregon state courts as necessary.
10.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United States. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United States, you do so at your own risk and you are responsible for compliance with local laws.
11.1 You may not assign, sub-license, or otherwise transfer any of your rights under these terms and conditions.
11.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.
12. Originality of Handmade/Custom Items
12.1 Many of the items sold on this Website are handmade, at the time of your order, and customized for your needs and requests. Therefore, sometimes you may purchase an item that appears differently that the last time you purchased it, or may differ slightly from its description or images on this Website. This is simply because such items are not factory-made, and are thus subject to the interpretation of the practitioner who prepares your items and supplies. In purchasing custom and/or handmade items from Legba's Crossroads, you understand that your item(s) thus will be unique and also may require time in creation. You further agree to recognize our intellectual property copyright in such handmade items, and agree not to reverse engineer, copy, borrow, or otherwise use or interpret our unique and custom ideas, concepts, designs, recipes, and workings, neither for your personal use or for any commercial purpose, without our prior written consent.