GENERAL TERMS AND CONDITIONS

OVERVIEW

IMPORTANT – PLEASE READ AND UNDERSTAND THESE TERMS OF SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH https://healthmagicdepot.com/. THESE TERMS INCLUDE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY (see Section 14 and Section 15). THESE TERMS ARE A FUNDAMENTAL PART OF OUR AGREEMENT. PLEASE PRINT AND KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of https://healthmagicdepot.com/, including any of its subdomains, related websites, and mobile applications (collectively, the “Website”), are owned and operated by Health Magic Depot (“Health Magic Depot,” “we,” “our,” or “us”). Use of the Website is subject to the policies, terms, and conditions outlined below. Please review them carefully. We provide the Website—and all information, tools, products, and services offered through it—to you, the user, on the condition that you accept all terms, conditions, policies, and notices set forth here. By accessing, using, or placing an order through the Website, you agree to be bound by these terms. If you do not fully agree, you are not permitted to use the Website in any capacity.

THIS AGREEMENT INCLUDES ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT LIMIT YOUR RIGHT TO A COURT HEARING, YOUR RIGHT TO A JURY TRIAL, AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS REQUIRED AND SERVES AS THE SOLE METHOD OF RESOLVING ANY AND ALL DISPUTES, EXCEPT AS NOTED IN SECTION 16 OR IF YOU CHOOSE TO OPT OUT. PLEASE CAREFULLY READ THE DISPUTE RESOLUTION TERMS IN SECTION 16 BELOW, WHICH EXPLAIN YOUR RIGHT TO OPT OUT.

You can review the most current version of the Terms at any time on this page (terms). We reserve the right to modify, update, or replace any portion of these Terms by posting changes on our Website. It is your responsibility to review this page periodically for updates. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE AFTER ANY CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES.

TABLE OF CONTENTS

OVERVIEW

1. Website Use

2. PRIVACY & SECURITY DISCLOSURE

3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

4. PRODUCTS SOLD FOR PERSONAL USE ONLY AND AS PART OF A HEALTHY LIFESTYLE

5. NO MEDICAL ADVICE, AND ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

6. MODIFICATIONS TO THE WEBSITE AND PRICES

7. PAYMENT

8. ORDER PLACEMENT AND ACCEPTANCE

9. SHIPPING

10. DELIVERY CONFIRMATION

11. RETURNS AND REFUNDS

12. SOCIAL MEDIA

13. DISCLAIMER OF WARRANTIES

14. DISCLAIMER OF LIABILITIES

15. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

16. INDEMNIFICATION

17. THIRD-PARTY WEBSITES AND LINKS

18. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS

19. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

20. ELECTRONIC COMMUNICATIONS

21. ASSIGNMENT

22. NO WAIVER

23. NO AGENCY RELATIONSHIP

24. SEVERABILITY

25. TERMINATION

26. ENTIRE AGREEMENT

27. QUESTIONS OR ADDITIONAL INFORMATION 

TERMS AND CONDITIONS OF USE AND SALE

1. WEBSITE USE

   By accessing and using the Website, you confirm that you are at least the age of majority in your state or province of residence. By using the Website, you also affirm that you have the legal capacity to enter into a binding agreement with us and that you have read, understood, and agree to the terms of this Agreement.

2. PRIVACY & SECURITY DISCLOSURE

   Our privacy policy may be viewed at privacy. The Privacy Policy is incorporated into these Terms by reference and forms an integral part of this Agreement. Health Magic Depot reserves the right to update or modify the Privacy Policy at its sole discretion.

3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

   All content and materials on our Website are protected under U.S. and international copyright, trademark, and other intellectual property laws. Downloading or using any part of the Website does not grant you ownership or any other rights to the content.

   You agree not to use the Website, or any of its products or services, in any illegal manner. Additionally, you agree not to engage in or attempt any unlawful activity on or through the Website, including but not limited to: (1) hacking or other digital or physical attacks on the Website; (2) posting vulgar, obscene, or defamatory content; or (3) any other illegal actions.

4. PRODUCTS SOLD FOR PERSONAL USE ONLY AND AS PART OF A HEALTHY LIFESTYLE

   You agree that any products or services purchased from Health Magic Depot or through our Website are for your personal, non-commercial use only. You further agree not to resell, redistribute, modify, or export any items ordered from the Website.

   Health Magic Depot does not guarantee that you will achieve specific fitness, health, or wellness results. All products and services are intended to complement a healthy lifestyle that includes proper nutrition, exercise, and self-care. Individual results may vary based on factors unique to you, including age, health status, and genetics.

5. NO MEDICAL ADVICE, AND ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

   The content on this Website is provided for general informational purposes only and is not intended as medical advice or a substitute for consultation with a physician. Statements on this Website have not been evaluated by the Food and Drug Administration and are not meant to diagnose, treat, cure, or prevent any disease. You should consult your physician before starting any exercise program, changing your diet, taking dietary supplements, or using any information provided by Health Magic Depot.

   While we strive to provide accurate and up-to-date information, the Website may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, update or change information, or cancel orders if any Website content is inaccurate at any time, even after an order has been submitted, without prior notice.

   This Website may include historical information for reference purposes. Such information is not current and is provided solely for your convenience. We may modify the contents of the Website at any time but are not obligated to update any information. You agree that it is your responsibility to monitor any changes to the Website.

6. MODIFICATIONS TO THE WEBSITE AND PRICES

   We reserve the right to modify or discontinue access to the Website (or any part of its content) at any time without prior notice. We shall not be liable to you or any third party for any changes, suspension, or discontinuation of access. Certain products or services may be available exclusively online through the Website and may have limited quantities. These items are subject to return or exchange only in accordance with our Shipping and Returns Policies.

   We reserve the right to restrict sales of our products to any individual, region, or jurisdiction, on a case-by-case basis. Product descriptions and pricing are subject to change at any time without notice at our sole discretion. Any offer for a product or service on this Website is void where prohibited by law.

7. PAYMENT

   All charges are in U.S. Dollars. We accept Visa, MasterCard, American Express, and Discover credit and debit cards.

   When placing an order online, you will need:

   1. The billing address associated with your card;

   2. Your card number and expiration date;

   3. The 3- or 4-digit CVV2 code located on the card.

   By submitting your credit card or other payment information, you represent and agree that: (i) you are authorized to use the card or account; (ii) all payment information provided is accurate and complete; (iii) you are responsible for any credit card fees; and (iv) sufficient funds are available to cover the payment.

   We and our third-party payment processors may request and receive updated credit card information from your card issuer, such as updated card numbers or expiration dates. If provided, we will update your account accordingly. You may opt out of this service by contacting your credit card issuer.

   We are not responsible for any fees or charges imposed by your bank or card issuer. If a charge is reversed by your bank or card issuer, we may bill you directly and seek payment through other means, including sending a statement by mail.

8. ORDER PLACEMENT AND ACCEPTANCE

   Receiving an electronic order confirmation or any other form of confirmation does not indicate our acceptance of your order. We reserve the right to accept or decline any order for any reason. If your order is declined, a refund will be issued to your original payment method. You acknowledge that we are not liable for any losses or damages resulting from our refusal to provide products or services. We may also require additional information before processing any order.

9. SHIPPING

   Health Magic Depot ships both domestically within the United States and internationally via USPS. Orders are typically processed and shipped within 24–48 business hours. Domestic orders usually arrive within 3–5 business days, while international delivery times vary depending on location.

   Accurate shipping addresses and phone numbers are required. We are not responsible for delayed or lost shipments resulting from incorrect information. If you notice an error in your order after submission, contact Customer Support immediately at 866-461-7469 or support@healthmagicdepot.com. Because orders are often shipped the same day, we cannot guarantee that changes or cancellations will always be possible.

10. DELIVERY CONFIRMATION

    Since circumstances at your delivery address may be beyond our control, you agree that any delivery confirmation provided by the carrier will be considered sufficient proof of delivery to the cardholder, even if a signature is not obtained.

11. RETURNS AND REFUNDS

    We want you to be satisfied with every Health Magic Depot purchase, but occasionally a product may not meet your expectations. If you are unhappy with a product or it arrives damaged, you may return or exchange the unused portion within thirty (30) days of the original shipment date for a full refund according to the following terms. To receive a refund (less shipping and handling), you must return the unused portion, have your return approved, and ensure the return is postmarked within thirty (30) days of shipment.

    The following conditions apply to all returns:

    • To return a product for a refund or exchange, call 866-461-7469 or email support@healthmagicdepot.com to receive a Return Merchandise Authorization (RMA) number and shipping instructions.

    • We cannot process or refund packages marked “Return to Sender.”

    • Refunds will be issued to the same payment method used for the original purchase.

    • To ensure processing, include your RMA number on the returned package. Packages without an RMA number will not be accepted.

    Return items should be sent to the following address:

    
    
    1209 Mountain Road PL NE Albuquerque, NM 87110, USA

    Tel: 866-461-7469

    Email Address: support@healthmagicdepot.com

    We are not responsible for lost or stolen returns. We recommend using a shipping method with delivery confirmation.

    After our shipping department receives your return, it generally takes 5–10 business days to process your refund. Once processed, it may take up to 30 business days for the refund to appear in your account, depending on your financial institution.

12. SOCIAL MEDIA

    These terms apply to anyone interacting with our social media presence, including comment sections, feeds, and other elements on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or other third-party platforms we may use (“Social Media Presence”).

    Social media platforms are public spaces; do not expect privacy when using them. Our Terms and Privacy Policy do not apply to our Social Media Presence. Each platform is independently managed and has its own privacy policies and terms of use. User comments reflect individual opinions and do not represent Health Magic Depot. Offensive or inappropriate content may appear until identified and removed through the platform’s procedures. If you encounter such content, report it directly to the platform using their reporting process.

13. DISCLAIMER OF WARRANTIES

    EXCEPT AS PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT WARRANT THAT (A) OUR PRODUCTS WILL MEET YOUR EXPECTATIONS; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (C) THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. DISCLAIMER OF LIABILITIES

    EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL Health Magic Depot OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, PRODUCTS, OR YOUR OR ANY THIRD-PARTY USE OF THE WEBSITE OR PRODUCTS, EVEN IF Health Magic Depot WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, LOSS OF USE, PROFITS, DATA, GOODWILL, COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR OTHER INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY. IF Health Magic Depot IS FOUND LIABLE DESPITE THESE LIMITATIONS, LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO USD $500. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

    PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Health Magic Depot AND LIMITS HOW YOU MAY SEEK RELIEF.

    EXCEPT WHERE PROHIBITED BY LAW, ANY CLAIM YOU MAY HAVE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU WAIVE THE RIGHT TO A JURY TRIAL, AND RIGHTS YOU WOULD HAVE IN COURT, SUCH AS DISCOVERY OR APPEAL, MAY BE LIMITED OR NON-EXISTENT. CLAIMS MUST BE BROUGHT INDIVIDUALLY, NOT AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND ARBITRATORS CANNOT CONSOLIDATE CLAIMS.

    ARBITRATORS CAN AWARD DAMAGES AND RELIEF ON AN INDIVIDUAL BASIS, INCLUDING INJUNCTIVE OR DECLARATORY RELIEF OR STATUTORY DAMAGES, AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

    1. General

       Arbitration resolves a “Claim” without filing a lawsuit. A “Claim” includes disputes between you, Health Magic Depot, or any involved third-party regarding your account, use of the Website, relationship with Health Magic Depot, these Terms, or the Privacy Policy. Claims include any use or attempted use of products, and any acts or omissions related thereto. You and Health Magic Depot agree to final and binding confidential arbitration instead of court, on an individual basis, under the Federal Arbitration Act (FAA), 9 U.S.C. §§1-16.

       Notwithstanding the above: (a) representative actions for public injunctive relief under California law (Consumer Legal Remedies Act, Unfair Competition Law, or False Advertising Law) must be arbitrated on a class basis; (b) if this is invalid, such actions may be brought in state or federal courts in New Maxico; (c) all other claims must be arbitrated individually and not as a class.

    2. Exceptions

       You and Health Magic Depot may pursue claims in small claims court that fall within its jurisdiction on an individual (non-class) basis. Health Magic Depot will not demand arbitration for properly filed small claims.

       Claims excluded from arbitration include: (i) actions regarding infringement or validity of Health Magic Depot’s intellectual property, including trademarks, copyrights, patents, trade secrets, or service marks; (ii) actions seeking temporary, preliminary, or permanent injunctive or other provisional relief for breach or threatened breach of this Agreement. Such claims must be brought exclusively in state or federal courts in New Maxico, and you waive any jurisdictional objections. You agree not to bring excluded claims in a class or representative capacity.

16. Required Pre-Dispute Procedures

    Before initiating any Claim against the other, both parties agree to first contact the other with a written description of the dispute, including all relevant documents, information, and proposed resolution. You may send your written dispute to Health Magic Depot, Attn: 1209 Mountain Road PL NE Albuquerque, NM 87110, USA , by U.S. Mail.

    Health Magic Depot will contact you at the billing or email address provided. Both parties agree to negotiate in good faith. If unresolved within 60 days, the dispute resolution provisions below apply. Notwithstanding this, Health Magic Depot may seek injunctive or equitable relief in state or federal court in New Maxico to enforce these Terms or protect intellectual property rights, and you consent to the exclusive jurisdiction and venue of those courts.

17. Commencing Arbitration

    Arbitration must commence within 1 year after the Claim arises, including the pre-dispute procedures. Claims initiated after 1 year are forever barred.

18. Arbitration Location

    If the amount in controversy is $500 or less, arbitration may occur by telephone or written submissions. Otherwise, arbitration shall be conducted in New Maxico unless Health Magic Depot agrees to another forum requested by you.

19. Organization, Rules and the Arbitrator

    Claims (other than those exempted) shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (AAA). Either party may start arbitration by submitting a written demand with the AAA and providing a copy to the other party. The arbitrator will be selected by agreement or, if no agreement, according to AAA Rules. Arbitration follows the AAA Consumer Arbitration Rules in effect at the time of submission. Rules are available at www.adr.org or 1-800-778-7879. The arbitrator has exclusive authority over disputes relating to the interpretation, enforceability, and applicability of these Terms, the Privacy Policy, and this arbitration provision, including arbitrability and enforcement against non-signatories.

20. Fees

    Payment of filing, administration, and arbitrator fees will be governed by AAA Rules.

21. Governing Law and Award

    The arbitrator will apply the substantive law of New Mexico, without regard to conflicts of law principles. Awards include a confidential written opinion and are final, subject to FAA appeal. Judgment may be entered in any court of competent jurisdiction.

22. Enforceability

    This provision survives termination of your account or relationship with Health Magic Depot, bankruptcy, assignment, or transfer. If the class action waiver is unenforceable, this arbitration provision is null and void. If other portions are unenforceable, remaining provisions remain in full force.

23. Miscellaneous

    Delay or failure to enforce this arbitration provision for any Claim does not waive the right to require arbitration later. All Claims must be brought within the 1-year limitation. This provision is the entire arbitration agreement and may only be modified in writing by Health Magic Depot.

24. Amendments

    Health Magic Depot reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product, or use/attempted use of a Health Magic Depot product affirms your consent to such changes. Material changes will be communicated, and you will have an opportunity to opt-out.

    YOU UNDERSTAND AND AGREE THAT ANY CLAIMS WILL BE DECIDED INDIVIDUALLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. You may opt-out within thirty (30) days from the date of purchase, use, or attempted use by writing to Health Magic Depot, Attn: 1209 Mountain Road PL NE Albuquerque, NM 87110, USA .

    To opt-out, submit a signed written notice identifying the product and purchase/use date within 30 days. If more than 30 days have passed, arbitration is mandatory.

25. INDEMNIFICATION

    To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Health Magic Depot, its affiliates, officers, directors, agents, and employees from all claims, losses, liabilities, damages, and expenses, including attorneys’ fees, arising from (1) your breach of these Terms, (2) any misrepresentation or warranty, or (3) violation of any law or third-party rights.

26. THIRD-PARTY WEBSITES AND LINKS

    Our Website may contain third-party materials or links. Health Magic Depot is not responsible for third-party content or websites. Review third-party policies before engaging with their products. Complaints or questions regarding third-party products should be directed to the third-party.

27. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS

    Health Magic Depot may use testimonials or reviews with the submitter's name and location. These reflect individual experiences and may not represent your results. Submissions, including photos, ideas, and reviews, are treated as non-confidential, and Health Magic Depot has royalty-free, worldwide rights to use, modify, and create derivative works from them. You warrant that you have rights to submit the content. Submissions become Health Magic Depot’s exclusive property.

    Health Magic Depot may correct errors, shorten testimonials, and review submissions prior to use. Submission implies agreement to these Terms. If you disagree, do not submit a testimonial.

28. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

    This Website provides contact information for DMCA notices. All notices should be sent to the designated agent below:

    Notification of Claimed Infringement:
    Health Magic Depot
    
    
    1209 Mountain Road PL NE Albuquerque, NM 87110, USA
    Tel: 866-461-7469
    Email: support@healthmagicdepot.com

    Complaints regarding allegedly infringing material will be investigated. If material violates law, it will be removed or blocked, and the posting party notified.

    DMCA notices must include: (i) description of copyrighted work, (ii) description of infringing material, (iii) your contact information, (iv) statement of good faith belief of infringement, (v) statement under penalty of perjury of accuracy and authority, and (vi) signature. Incomplete notices may delay processing.

29. ELECTRONIC COMMUNICATIONS

    You agree that we may communicate electronically with you. Such communications, including notices, disclosures, agreements, and other information provided electronically, have the same force and effect as written communications signed by the party sending them.

30. ASSIGNMENT

    You may not assign any of your rights under these Terms; any attempt is null and void. Health Magic Depot and its affiliates may transfer contractual rights and obligations without further consent if some or all of Health Magic Depot’s business is transferred through merger, sale, or otherwise.

31. NO WAIVER

    No waiver by Health Magic Depot of any term or condition in these Terms constitutes a continuing waiver or waiver of any other term. Failure to assert a right does not constitute a waiver.

32. NO AGENCY RELATIONSHIP

    No joint venture, partnership, employment, or agency relationship exists between you and Health Magic Depot as a result of receiving a product or using the Website.

33. SEVERABILITY

    If any provision is found unlawful, void, or unenforceable, it shall be enforceable to the fullest extent allowed, and the unenforceable portion will be severed. Other provisions remain valid.

34. TERMINATION

    Upon termination, Sections 2-5, 13-17, 19-25, 27, and any representations, warranties, or obligations made by you survive the termination of this Agreement.

35. ENTIRE AGREEMENT

    These Terms, the Agreement, and any policies or rules posted on the Website constitute the entire agreement between you and Health Magic Depot and supersede prior agreements. Ambiguities shall not be construed against the drafting party.

36. SMS DISCLAIMER

    By consenting to Health Magic Depot’s SMS marketing during checkout or subscription, you agree to receive recurring text notifications, marketing offers, and transactional messages, including review requests, even if your number is on a do-not-call list. Message frequency varies. Consent is not a condition of purchase. To unsubscribe, reply STOP or use the unsubscribe link. You are responsible for your carrier’s text/message fees. For HELP, text HELP or contact us via pages/contact. Messages may not always be received if we change numbers; we are not liable for delayed, failed, or misdirected messages. See our Privacy Policy for information on personal data collection and usage.

37. QUESTIONS OR ADDITIONAL INFORMATION

    If you purchased a product or service through the Website, please contact Customer Support by phone or email.

    Health Magic Depot,

    Tel: 866-461-7469

    Email Address: support@healthmagicdepot.com