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.
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.
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.
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 1) returned in the original unopened package 2) unused condition that they were shipped in 3) located for pick-up at the original delivery address; that is, the item(s) should not have been previously transported to another location. Failure to abide by requirements 1-3 will result in a rejection for a request of return or exchange. 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.
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. Please take clear pictures of the damages as well. 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@example.com. Please do NOT return damaged items as they cannot be accepted without an RA number.
Lastly, it's best to use the following terminology when signing for a damaged unit:
1) Never use the words "concealed" or "hidden" damage on the signed Bill of Lading
2) Be specific on damage(s) and location, such as "dented bottom right door" or "crushed back corner"
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.
- Commercial Freight: $0
- Call Notification: $0
- Lift Gate: $80
- Residential: $100 limited access + $80 Lift Gate
- Set Delivery Appointment: $25 - 24 hr call ahead with set time delivery
- Limited Access: $100 - Military bases, government facilities, churches, camp sites, farms, hotels, shopping malls, shopping centers, golf courses, commercial areas with limited access.
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.
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.
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.
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.
Please report any violations of the Terms of Service to firstname.lastname@example.org.