Terms of Service

Acceptance of Terms:

Thank you for buying a Migali® product! When buying a Migali® product you are subject to the

following terms of service ("TOS"), which may be updated by us from time to time without notice.

 

Electronic Communication:

When you visit the Migali® site, purchase products or services through the Migali®/dealer site, or

instigate contact to our customer service department, you are communicating with us electronically. We

will also communicate with you via email or by posting notices on and updates to the site. When

purchasing a Migali® product, you hereby agree that all agreements, notices, disclosures and other

communications that we provide to you electronically satisfy any legal requirement that such

communications be in writing.

 

Privacy:

Please review our posted privacy policy to understand our uses and practices about how we use and

collect information from users of our sites.

 

Migali® Website Account Maintenance:

By using the Migali® site, you represent that you will be responsible for maintaining your account and

password and for restricting access to your computer. You also agree to be responsible for any and all

activities that occur under your password or your account. Migali® will not be responsible for any loss

or damage arising from your failure to comply with your responsibilities and obligations under these

terms and conditions. To purchase any products or use the services on this site, you must open an

account with us and/or provide the required information to us. By entering any information on this site,

you represent and warrant that: (i) you are at least 21 years of age; (ii) you are using your actual

identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will

maintain and promptly update the information that you provide to keep it true, accurate, current and

complete.

 

Migali® Website Termination:

If you wish to cancel a username or password, or if you become aware of any loss, theft or

unauthorized use of a username or password, you must notify us immediately. We reserve the right to

delete or change any username or password at any time and for any reason. We may suspend or

terminate your account or your use of our site at any time, for any reason or for no reason at all. You

are personally liable for any orders that you place or charges that you incur prior to termination. We

reserve the right to change, suspend, or discontinue all or any aspects of this site at any time without

prior notice.

 

Product Description:

Migali® attempts to be as accurate as possible with our product descriptions. However, Migali® does

not warrant that product descriptions or other content of this site is accurate, complete, reliable,

current, or error-free. If a product offered is not as described, your sole remedy is to return it in

unused condition. Prices and availability of the products and services listed within and on our site or

dealer sites are subject to change without notice. The listing, description of, or reference to, a product

or service on this site does not imply that the product or service is presently available. All orders of

products or services are subject to prevailing law, including, as appropriate, export and import

regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over

such orders, products or services.

 

Returns and Exchanges:

Returns and exchanges may occur within 3 days of delivery. Items must be returned in the original

unopened package and unused condition that they were shipped in. The buyer pays for and arranges

all shipping back to one of our distribution centers, this will be determined and provided at time of

inquiry. The buyer is also responsible for outbound freight charges of the original shipment. There is a

30% restocking fee on all returns and exchanges.

 

Freight Damage:

For items delivered through freight services: The carrier who delivers merchandise to your door is

responsible for loss and damages. Acceptance of the shipment by the transportation company is

acknowledgement that the articles delivered (or picked up) by them were in good condition and

properly packed. Before signing the delivery receipt, inspect for any shortage or damage and note the

nature and extent of the shortage or damage on the freight bill. If concealed damage or noted

damage has occurred, save the shipping cartons and packaging. You must request an inspection by

the carrier immediately and file a claim after inspection to rectify damages to your product. You may

confirm claim damages by email within 3 days. A Migali® sales representative will be happy to assist

you in filing your claim. Please email us at [email protected]. Please do NOT return

damaged items as they cannot be accepted without an RA number.

 

Freight Accessorial Fees:

Migali® will perform it’s due diligence concerning the ship to address and delivery location. Freight

carriers charge extra fees for accessorial services. If the consignee or dealer is not forth coming about

the ship to location classification, extra services needed to successfully deliver merchandise or the

freight carrier decides upon delivery that a site should be deemed as limited access, Migali® reserve

the right to charge the credit card or bill the dealer/distributor retro-actively for services rendered.

Charges that may be applied are listed here:

• Lift Gate: $80

• Call Notification: $20 - 24 hr call ahead

• Residential: $125 limited access + $75 Lift Gate

• Set Delivery Appointment: $20 - 24 hr call ahead with set time delivery

• Limited Access: Military bases, government facilities, churches, camp sites, farms, hotels, shopping

malls, shopping centers, golf courses, commercial areas with limited access: $95

• Island charge (Coastal USA islands - e.g. Florida Keys, etc ): fee determined by freight carrier

 

Refunds:

In the event that a customer requires a refund, the refund will either be applied to the credit card or

account that was used to place the order that resulted in a refund or a check will be sent via USPS to

the address that the customer used for that order. The method of refund is the decision of Migali®

and not the customer. Please allow up to 4 weeks for Migali® to process your refund.

 

Modifications to Service:

Migali® reserves the right at any time and from time to time to modify or discontinue, temporarily or

permanently, the service (or any part thereof) with or without notice. You agree that Migali® shall not

be liable to you or to any third party for any modification, suspension or discontinuance of the

service.

 

Indemnity:

You agree to indemnify and hold Migali®, and its subsidiaries, affiliates, officers, agents, co-branders

or other partners, and employees, harmless from any claim or demand, including reasonable

attorneys' fees, made by any third party due to or arising out of your content, your use of the service,

your connection to the service, your violation of the TOS, or your violation of any rights of another.

 

Copyrights:

Migali® respects the intellectual property rights of others and we ask our users to do the same.

Except as expressly authorized by Migali®, you agree not to modify, rent, lease, loan, sell, distribute

or create derivative works based on www.migali.com, in whole or in part.

The Migali® catalog and site and all its contents are copyrighted materials, protected by US. and

international copyright laws. The compilation of content on our web site is the exclusive property of

Migali® and may not be used for any other purpose other than as set forth on the site or catalog. The

services and information provided herein are solely for your own private use. You are only permitted

to use the Migali® site as expressly authorized. Nothing contained herein transfers any express or

implied right, title or interest in this web site to you.

 

Notice:

Migali® may provide you with notices, including those regarding changes to the TOS, by either email,

regular mail, or postings on the service.

The terms and conditions contained herein and the agreement created thereby shall be governed by

and interpreted according to the laws of the state of New Jersey without applying conflict of law

principles. You expressly agree through your use of the site to be subject to jurisdiction and venue in

the state of New Jersey and to have any adjudication related to this site resolved in the federal or

state courts of New Jersey. If any provision of this agreement, terms or conditions is unlawful, void or

unenforceable, it will not affect the validity and enforceability of any remaining provision.

 

Violations:

Please report any violations of the Terms of Service to to [email protected].