1. Agreement to These Terms

These Terms & Conditions ("Terms") are a binding agreement between you and Magic Toushée LLC, a North Carolina liability company ("Magic Toushée," "we," "us," or "our"), governing your access to and use of magictoushee.com and any related pages, content, and services (collectively, the "Site"), and your purchase of any products from us.

By accessing the Site, joining our waitlist, creating an account, or placing an order, you agree to these Terms and to our Privacy Policy, Shipping Policy, and Refund Policy, each of which is incorporated here by reference. If you do not agree, do not use the Site.
 

2. Eligibility

You must be at least 18 years old, or the age of majority in your state, to purchase from the Site. By placing an order, you represent that you meet this requirement and that all information you provide is accurate and complete. The Site is not directed to children under 13, and we do not knowingly collect their personal information.
 

3. Changes to These Terms

We may update these Terms at any time. The "Last Updated" date above reflects the most recent version. Changes take effect when posted, and your continued use of the Site after that date constitutes acceptance. For material changes, we will make reasonable efforts to provide notice (for example, by email or a notice on the Site). The version of these Terms in effect at the time you place an order governs that order.
 

4. Your Account

If you create an account, you are responsible for keeping your login credentials confidential and for all activity under your account. Notify us promptly at info@magictoushee.com if you suspect unauthorized use. We may suspend or terminate any account at our discretion, including for suspected fraud, abuse, or violation of these Terms.

5. Products, Descriptions, and Availability

We try to describe and display our products as accurately as possible. However, we do not warrant that product descriptions, images, colors, packaging, or other content are error-free, complete, or current. Actual products may vary slightly from images due to screen settings, photography, and production variation.

All products are offered subject to availability. We may limit quantities, discontinue products, or restrict sales to any person, household, region, or jurisdiction, at any time and without notice.
 

6. Pricing and Errors

All prices are in U.S. dollars and are subject to change without notice. Prices do not include shipping, handling, or applicable taxes unless stated at checkout.

Despite our best efforts, a product may occasionally be listed at an incorrect price or with incorrect information. We reserve the right to cancel or refuse any order placed at an incorrect price or based on inaccurate information, even after the order is confirmed and your payment method has been charged. If we cancel such an order, we will issue a full refund of amounts charged.
 

7. Orders and Order Acceptance

Your order is an offer to buy, not a binding contract. Our order confirmation email acknowledges receipt of your order; it does not constitute acceptance. A contract is formed only when we ship the product to you.

We reserve the right, at our sole discretion, to refuse, limit, or cancel any order for any lawful reason, including suspected fraud, reseller activity, unauthorized distribution, incorrect pricing, or product unavailability. If we cancel an order after charging you, we will refund the amount charged.
 

8. Payment and Taxes

We accept the payment methods displayed at checkout. By submitting payment information, you represent that you are authorized to use that payment method and authorize us (and our payment processors) to charge the full order amount, including shipping and applicable taxes.

Payments are processed by third-party processors. We do not store full payment card numbers. Your use of those processors is subject to their own terms and privacy policies.

You are responsible for all applicable sales, use, and other taxes, which are calculated at checkout based on your shipping address and applicable law.
 

9. Waitlist and Pre-Orders

Joining our waitlist ("Peach List") does not reserve inventory, guarantee availability, or create any obligation for us to sell you a product. Where we offer pre-orders, estimated ship dates are estimates only and may change. If a pre-ordered product is materially delayed or cancelled, we will notify you and, at your option, refund your payment in full.
 

10. Shipping, Delivery, and Risk of Loss

Shipping terms, methods, costs, and estimated delivery windows will be described in our Shipping Policy upon Magic Toushée's launch date. Delivery dates are estimates, not guarantees, and we are not responsible for carrier delays or events outside our reasonable control.

Title and risk of loss pass to you upon our delivery of the product to the carrier. Claims for lost, delayed, damaged, or stolen packages are handled as described in our Shipping Policy.

We currently ship to the United States. 
 

11. Returns, Refunds, and Cancellations

Returns, exchanges, refunds, and order cancellations are governed by our Refund Policy, which is incorporated into these Terms. Please review it before purchasing. Nothing in these Terms limits any non-waivable rights you have under applicable consumer protection law.
 

12. Promotions, Discount Codes, and Gift Cards

Discount codes, promotions, and gift cards are subject to the specific terms disclosed with each offer. Unless stated otherwise: they may not be combined, have no cash value, are non-transferable, may not be applied to prior purchases, and may be modified or terminated by us at any time. We may void discounts or cancel orders obtained through error, fraud, or misuse of a code.
 

13. Product Use, Safety, and Disclaimers

Our products are consumer personal-care and cleaning products intended solely for their labeled purpose. You agree to read and follow all product labels, warnings, and directions.

• Use only as directed and only on surfaces described on the label.

• Keep out of reach of children and pets.

• Avoid contact with eyes; discontinue use and seek medical attention if irritation occurs.

• If you have sensitive skin, allergies, or a medical condition, test on a small area first and consult a healthcare professional if needed.

Our products are not drugs, medical devices, or a substitute for professional medical advice, diagnosis, or treatment. Statements on the Site and in our marketing have not been evaluated by the U.S. Food and Drug Administration, and our products are not intended to diagnose, treat, cure, or prevent any disease. Unless we expressly state otherwise on the product label, our products are not represented as disinfectants, sanitizers, or antimicrobial products, and no claim is made regarding the elimination of bacteria, viruses, or other pathogens.
 

14. Acceptable Use

You agree not to:

• use the Site for any unlawful, fraudulent, or harmful purpose;

• purchase products for commercial resale or unauthorized distribution without our written consent;

• scrape, crawl, data-mine, or use bots or automated tools on the Site;

• interfere with, disrupt, probe, or attempt to gain unauthorized access to the Site or its systems;

• upload viruses, malicious code, or content that is unlawful, defamatory, obscene, harassing, or infringing;

• impersonate any person or misrepresent your affiliation with any person or entity; or

• use our trademarks, content, or product imagery without permission.

15. Reviews, Submissions, and User Content

If you post a review, photo, comment, testimonial, or other content ("User Content"), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display that content in any media, including in marketing, without compensation or attribution to you.

You represent that you own or control all rights to your User Content, that it is accurate, and that it does not violate these Terms or any third party's rights. We may remove, edit, or refuse to post any User Content at our discretion, but we are not obligated to monitor it. Reviews reflect individual opinions and experiences, not our own; individual results may vary.
 

16. Intellectual Property
The Site and all of its content — including text, graphics, logos, photographs, product designs, packaging, formulations, videos, and software — are owned by us or our licensors and are protected by U.S. and international copyright, trademark, trade dress, and other intellectual property laws.

"Magic Toushée," the Magic Toushée logo, our taglines, and the distinctive look and packaging of our products are trademarks and trade dress of Magic Toushée, LLC, whether or not registered, and are protected under federal and state law. Nothing on the Site grants any license or right to use them. You may not use them without our prior written permission.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. All rights not expressly granted are reserved.
 

17. Copyright Complaints (DMCA)

If you believe content on the Site infringes your copyright, send a written notice under the Digital Millennium Copyright Act to our designated agent at info@magictoushee.com (subject: "DMCA Notice") including: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the material claimed to be infringing and its location; (d) your contact information; (e) a statement of good-faith belief that the use is unauthorized; and (f) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on the owner's behalf. We may remove allegedly infringing material and terminate repeat infringers.
 

18. Email and SMS Communications

By providing your email address or mobile number, you consent to receive communications from us, including order and transactional messages. If you opt in to marketing emails or text messages, you consent to receive recurring automated marketing messages at the number provided; consent is not a condition of purchase. Message and data rates may apply. Reply STOP to opt out of texts and HELP for help, or use the unsubscribe link in any marketing email. Message frequency varies. Carriers are not liable for delayed or undelivered messages.
 

19. Electronic Communications and E-SIGN Consent

You consent to receive communications from us electronically, including by email and by postings on the Site. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing, and that your electronic submissions constitute your agreement and intent to be bound.
 

20. Privacy

Your use of the Site is also governed by our Privacy Policy, which explains what personal information we collect and how we use and share it, and describes the rights available to residents of certain states (including California, Colorado, Connecticut, Texas, and Virginia).
 

21. Third-Party Links and Services

The Site may link to or integrate third-party websites, platforms, and services (for example, our e-commerce and hosting platform, payment processors, shipping carriers, and social media). We do not control and are not responsible for their content, products, practices, or policies. Your dealings with them are solely between you and them.
 

22. Accessibility

We are committed to making the Site accessible to people with disabilities and are working toward conformance with WCAG 2.1 Level AA. See our Accessibility Statement. If you encounter a barrier, contact us at info@magictoushee.com and we will work to provide the information or transaction you need through an alternative method.
 

23. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some states do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing here limits any manufacturer's warranty expressly provided with a product.
 

24. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MAGIC TOUSHÉE AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SITE, THE PRODUCTS, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCT GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you. Nothing in these Terms excludes liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under applicable law.
 

25. Indemnification

You agree to defend, indemnify, and hold harmless Magic Toushée and its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or products; (b) your violation of these Terms or applicable law; (c) your User Content; or (d) your violation of any third party's rights. We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with us.
 

26. Dispute Resolution — Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

(a) Informal Resolution First. Before initiating arbitration, you agree to contact us at info@magictoushee.com with a written description of the dispute and the relief sought. The parties will attempt in good faith to resolve the dispute for 60 days before commencing arbitration.

(b) Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any product — except as set out in subsection (d) — will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. The arbitrator's award may be entered in any court of competent jurisdiction. Arbitration will take place in Wake County, NC, or by telephone/video, or in the county of your residence, at your election.

(c) Class Action and Jury Trial Waiver. YOU AND MAGIC TOUSHÉE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND MAGIC TOUSHÉE WAIVE THE RIGHT TO A TRIAL BY JURY. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim will be severed and heard in court.

(d) Exceptions. Either party may bring an individual action in small claims court, and either party may seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property.

(e) 30-Day Right to Opt Out. You may opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms to info@magictoushee.com with the subject "Arbitration Opt-Out," including your name, address, and email. Opting out does not affect any other provision of these Terms.
 

27. Governing Law and Venue

These Terms and any dispute arising from them are governed by the laws of the State of NC, without regard to its conflict-of-laws rules, and excluding the U.N. Convention on Contracts for the International Sale of Goods. For any claim not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Wake, NC.
 

28. Time Limit on Claims

To the extent permitted by law, any claim arising out of or relating to these Terms, the Site, or a product must be filed within one (1) year after the claim arose, or it is permanently barred.
 

29. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, supply chain or raw material shortages, carrier delays, utility or internet failures, cyberattacks, or governmental action.
 

30. Termination

We may suspend or terminate your access to the Site at any time, with or without cause or notice. Sections that by their nature should survive termination — including Sections 15, 16, and 23 through 32 — will survive.
 

31. California Consumer Notice

Under California Civil Code § 1789.3, California residents are entitled to this notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
 

32. General Provisions

• Entire Agreement. These Terms, together with the policies incorporated by reference, are the entire agreement between you and us regarding the Site and supersede all prior agreements.

• Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in full force.

• No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

• Assignment. You may not assign these Terms without our written consent. We may assign them freely, including in connection with a merger, acquisition, or sale of assets.

• No Third-Party Beneficiaries. These Terms create no rights in any third party.

• Headings. Headings are for convenience only and do not affect interpretation.

• Export and Jurisdiction. The Site is operated from the United States. We make no representation that the Site or products are appropriate or available outside the United States; if you access the Site from elsewhere, you do so at your own initiative and are responsible for compliance with local law.
   

33. Contact Us

Magic Toushée, LLC Email: info@magictoushee.com Website: magictoushee.com