Sales Policy (Agreement)
1. Nature of agreement
1.1. This Agreement, however described, governs the relationship between Pinscher Group Pty Ltd, and legal entities who:
1.1.1. Use Magna Knives’ website;
1.1.2. Purchase items from Magna Knives’ website; and/or
1.1.3. Purchase items from Magna Knives’ eBay store.
1.2. This Agreement is governed by the law of the Commonwealth of Australia and the state of South Australia.
1.3. To the extent permitted by law, this Agreement takes priority over any inconsistent terms, conditions, and policies, whether explicit or implied.
1.4. This Agreement governs the future interactions of Pinscher Group Pty Ltd and the Client where such interactions are not governed by an additional written agreement.
1.5. Headings used throughout this Agreement do not contribute to the substantive content of the Agreement.
2.1. Pinscher Group Pty Ltd (ABN 51 656 644 790) may be additionally referred to as: Pinscher Group, Magna Knives, MagnaKnives, and magnaknives.
2.2. Legal entities identified in subclauses 1.1.1 to 1.1.3 may be additionally referred to as the Client or prospective Client.
2.3. Magna Knives’ website means the online store operated by Magna Knives, typically accessible at: https://magnaknives.com.
2.4. Magna Knives’ eBay store means the online store hosted by the entity or entities ordinarily known as ‘eBay’ and operated by Magna Knives, typically accessible at: https://ebay.com.au/usr/magnaknives.
3.1. The Client’s acceptance of this Agreement may be expressed by the Client:
3.1.1. Placing an order on Magna Knives’ website;
3.1.2. Placing an order on Magna Knives’ eBay store;
3.1.3. Using Magna Knives’ website;
3.1.4. Transferring or transmitting to Magna Knives any money; and/or
3.1.5. Causing, by any means, Magna Knives to receive any money.
3.2. The Client acknowledges this agreement constitutes a legally binding contract, which may impose enforceable obligations on the Client.
4. Client’s obligations
4.1. The Client is responsible for compliance with and payment of all import charges and any applicable taxes, and additionally responsible for compliance with all relevant laws.
4.2. Where multiple entities jointly purchase items from Magna Knives, any obligations those entities owe to Magna Knives are owed both jointly and severally.
4.3. The Client acknowledges and agrees that:
4.3.1. This agreement imposes no obligations on the shareholders, directors, employees, contractors, agents, or related entities of Magna Knives or its related entities.
4.3.2. Items sold by Magna Knives are consumables with limited lifespans;
4.3.3. ‘Wear and tear’ is expected as items are used;
4.3.4. Excessive, abusive, abnormal, improper, or unreasonable use of items will likely cause damage to the items.
4.3.5. Magna Knives may engage professional services including, but not limited to, legal and debt recovery assistance, against the Client in the event of the Client’s default or breach.
4.4. Safe and legal use, handling, storage, etc. of goods is the sole responsibility of the Client.
4.5. The Client must comply with any reasonable request made by Magna Knives to facilitate resolution of any issue(s) with the Client’s order, should any issue arise.
5. Magna Knives’ operation
5.1. Magna Knives does not sell to persons under the age of 18 years, and hereby requests you produce evidence that you are at least 18 years of age by providing one of the prescribed kinds of identification listed at s 8(2) of the Summary Offences Regulations 2016 (SA). By proceeding with an order with Magna Knives, you provide to Magna Knives a statement confirming you are at least 18 years of age and agree to produce the aforementioned evidence. Section 21D(3) of the Summary Offences Act 1953 (SA) specifies it is an offence to make a false statement or produce false evidence in response to this request.
5.2. All prices and values provided in this Agreement and generally by Magna Knives are expressed in Australian Dollars (AUD), unless explicitly stated otherwise.
5.3. Magna Knives is both a reseller and authorised dealer, and therefore may not necessarily be associated with the companies whose goods are made available for sale.
5.4. Magna Knives is not responsible for the illegal use or possession of goods sold, nor any related penalties. Magna Knives offers no compensation for goods confiscated by government agencies or law enforcement. Magna Knives stocks and sells only manual opening knives.
5.5. Magna Knives promotes the safe and legal use, handling, storage, etc., of all items.
5.6. Magna Knives is not responsible for any injury to or death of any person or animal, or damage to or destruction of property due to: use or misuse; unsafe or illegal use, handling, storage, etc. of goods.
5.7. Magna Knives’ failure to exercise or choice to not exercise at a particular time a right under this Agreement does not constitute waiver of that right in either the circumstances permitting exercise of that right or in any future circumstance(s) which would permit exercise of that same right.
6.1. All items are checked and photographed prior to sale and shipping. Shipped items will have passed our inspection and quality checks. Some variation between knives of the same model is to be expected, due to factors such as machining tolerances and hand-finished grinds. Knives may show minimal wear inherent to manufacturer testing and factory quality assurance, e.g. from stop pin engagement. The performance and action of knives changes as knives ‘wear in’. During this period, lock stick, for example, may be expected.
6.2. Magna Knives reserves the right to cancel any order, either in part or in full, at its sole discretion, for any reasonable reason.
6.3. In the event of an order cancellation as initiated by Magna Knives, Magna Knives will refund all monies received by Magna Knives with respect to the cancelled transaction (i.e. item and shipping costs) to the Client.
6.4. The Client may request to cancel an order, however, Magna Knives is not obliged to accept any such requests.
6.5. In the event of an order cancellation as initiated by the Client, Magna Knives will refund all monies received by Magna Knives with respect to the cancelled transaction (i.e. item and shipping costs) to the Client but for a handling fee, which is to be determined as the higher of either $30 of 5% of the cancelled item(s)’s value.
6.6. For any cancelled order(s), Magna Knives is not responsible for any additional costs or investments made by the Client including, but not limited to,: shipping forwarder subscriptions, pre-payment of taxes or import duties, additional hardware (e.g. scales, screws, pocket clips) purchases.
6.7. Magna Knives strives to ensure all Clients enjoy premium customer service, and is therefore prepared to vary policies in some circumstances. This flexibility is provided on a case-by-case basis at Magna Knives’ sole discretion, and must not be considered a permanent variation of policies. Should you have a special request, please email us at email@example.com and we will endeavour to accommodate it.
7.1. Magna Knives ordinarily ships all items via Australia Post (AusPost), with tracking, insurance, and signature on delivery. Alternative delivery arrangements, such as shipping via FedEx, can be organised upon Client request.
7.2. Orders will be shipped as soon as practicable once full payment has cleared – usually the following business day.
7.3. Tracking numbers will be provided to the Client after product shipment.
7.4. Domestic shipping
7.4.1. Domestic order means any order which requests shipping to an Australian address.
7.4.2. Magna Knives offers free standard shipping on domestic orders with a value of $100.00 or more.
7.4.3. Express shipping for domestic orders of any value is available for a fee.
7.5. International shipping
7.5.1. International shipping rates vary between items.
7.5.2. International order means any order which requests shipping to an international address.
7.5.3. International orders containing any items with an individual or combined value of $2,000 or more may experience logistics delays of several days while export approval is organised.
8.1. Magna Knives offers a lay-by or ‘buy now, pay later’ service in accordance with the terms of this section.
8.2. Magna Knives reserves the right to decline offering this service: for any item; to any Client; or, for any other reason it thinks appropriate.
8.3. A prospective Client must, prior to placing an order, contact Magna Knives and request use of Magna Knives’ lay-by service and propose a structure and timeline for payment.
8.4. Magna Knives may, prior to approving the prospective Client’s request, require the Client to accept a revised structure and timeline for payment.
8.5. Magna Knives generally expects a structure and timeline for payment where:
8.5.1. Full payment of lay-by purchases is split into four equal instalments;
8.5.2. The first instalment is due at the time of purchase;
8.5.3. The remaining three instalments are each due two calendar weeks after the prior instalment’s due date.
8.5.4. Regardless of any prior instalment paid, the final instalment must pay the outstanding balance.
8.6. Orders will be shipped only once full payment of funds has cleared.
8.7. Magna Knives may, but is not obliged to, extend instalment due dates at the Client’s request. Magna Knives understands payments may not be instant, and will therefore display reasonable lenience with respect to due dates, where the Client provides suitable evidence of having made the relevant payment.
8.8. Should the Client fail to have made full payment one week after the final instalment’s due date, Magna Knives may refund all monies received by Magna Knives with respect to the reneged transaction (i.e. item and shipping costs) to the Client, but for the initial instalment, which shall be forfeited by the Client as a service fee.
8.9. Should the Client fail to provide, within a reasonable time, details to Magna Knives for the return of their funds, the total value of their funds transferred to date shall be forfeit.
8.10. Lay-by instalment(s) cannot be transferred from one order to another without Magna Knives’ prior written approval.
8.11. Orders made via lay-by cannot be cancelled by the Client.
9. Special orders
9.1. Magna Knives may, upon request of a Client, order specific items from suppliers.
9.2. Magna Knives will finalise arrangements with its supplier(s) only when:
9.2.1. the Client has completed the ordinary sale procedure on Magna Knives’ website; and
9.2.2. Magna Knives has received payment either in full or as otherwise agreed.
9.3. The item(s) nominated between the Client may become unavailable from Magna Knives’ supplier(s) between negotiation and finalising arrangements. In such cases, Magna Knives will refund all monies received by Magna Knives with respect to the cancelled transaction (i.e. item and shipping costs) to the Client.
9.4. Special orders cannot be cancelled by the Client.
10.1. Items may be listed on Magna Knives’ website prior to Magna Knives’ receipt of same. In such circumstances, these items will be listed and marked as pre-order items by language such as, but not limited to, ‘coming soon’ and/or ‘pre-order’.
10.2. Items will be shipped in accordance with Magna Knives’ ordinary shipping terms once stock has been received and has passed quality checks.
10.3. Magna Knives may cancel any pre-order at any time prior to shipping for any reason including, but not limited to,: receipt of incorrect or faulty stock, and payment failure.
10.4. Pre-orders cannot be cancelled by the Client.
10.5. In the event of a pre-order cancellation as cancelled by Magna Knives, Magna Knives will refund all monies received by Magna Knives with respect to the cancelled transaction (i.e. item and shipping costs) to the Client.
11.1. Australian Consumer Law
11.1.1. Australian Consumer Law may mandate the availability of returns in some circumstances. Where such circumstances exist, Magna Knives will comply with its obligations under Australian law.
11.1.2. It is, however, Magna Knives’ opinion that such circumstances are unlikely to arise as Magna Knives inspects all items for damage upon initial receipt and ensures the correct item(s) is boxed for shipping.
11.2. Change of mind
11.2.1. Magna Knives is pleased to offer a change of mind return policy, where items may be returned providing the conditions set out in this clause are adhered with.
11.2.2. Special order items, pre-order items, and items with prices greater than or equal to $2,000 are ineligible for change of mind refunds.
11.2.3. Items purchased on eBay are ineligible for change of mind returns.
11.2.4. To initiate a return, the Client must, within two days of receiving the relevant item(s), contact Magna Knives, via email at: firstname.lastname@example.org, and detail the reason for the return.
11.2.5. Magna Knives is under no obligation to approve a change of mind return request.
11.2.6. If the return request is granted, the item must be:
22.214.171.124. Shipped, at your own cost, to Magna Knives’ nominated address within two business days.; and
126.96.36.199. In unused condition, with no damage, wear, modification, or other signs of use.; and
188.8.131.52. Returned with all:
184.108.40.206.1. original retail packaging and accessories, including paperwork, labels, stickers, screws, tools, and other like items;
220.127.116.11.2. retail packaging and accessories in unused condition, with no damage, wear, modification, or other signs of use.; and
18.104.22.168. Returned in the original outer shipping container (i.e. cardboard box), with any packaging material / filler reused to secure the item and its retail box.
22.214.171.124. Returned with your personal details sufficient for us to identify you, including a copy of the return authorisation from us.
11.2.7. Shipping must be tracked, and tracking number(s) must be provided to Magna Knives on the day of shipping.
11.2.8. Magna Knives recommends all items are insured for their full value.
11.2.9. Magna Knives bears no responsibility if returned items are lost or damaged in transit.
11.2.10. Magna Knives will provide its nominated address in the return authorisation.
11.2.11. If any of these conditions are breached, Magna Knives may refuse a return, even after previously providing approval.
11.2.12. Items received by Magna Knives where return conditions have been breached will be reshipped to you at your own expense.
11.2.13. Magna Knives will not reship items until it has received funds for reshipping from the Client.
11.2.14. Where Magna Knives does not receive funds for reshipping within two weeks, the relevant item(s) will be forfeit to Magna Knives, with good title immediately passing to Magna Knives.
11.2.15. Magna Knives reserves the exclusive right to determine the means by which any payment under this agreement may or must be paid.
11.2.16. Magna Knives deduct from the value of any refund the cost incurred in originally shipping the item(s) to the Client.
11.2.17. Change of mind returns attract a restocking fee, which is to be determined as the higher of either $30 or 5% of the returned item(s)’s value.