Terms of service

Terms of Service

Effective Date: January 1, 2025

1. ACCEPTANCE OF TERMS

By accessing or using BluegreenMagic.com (the "Website"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use this Website. These Terms constitute a legally binding agreement between you and Bluegreen Magic LLC ("Company," "we," "us," or "our").

2. COMPANY INFORMATION

Bluegreen Magic LLC
W229N1680 Westwood Dr, Ste B
Waukesha, WI 53186
Phone: (262) 888-8101
Email: ClientCare@BluegreenMagic.com

3. PRODUCTS AND SERVICES

3.1 Product Description

We sell carpet cleaning chemicals. All products are shipped within the 48 contiguous United States only. We do not ship to Alaska, Hawaii, or international destinations.

3.2 Hazardous Materials

Certain products, including "Spot and Blot," are classified as hazardous materials and require special shipping procedures in compliance with federal regulations. Additional shipping restrictions and fees may apply.

3.3 Business and Consumer Sales

We sell to both individual consumers and businesses. Bulk pricing and commercial accounts may be available upon request.

4. USER ACCOUNTS

4.1 Account Creation

You must create an account to make purchases on our Website. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms or any reason we deem appropriate.

5. ORDERS AND PAYMENT

5.1 Order Processing

All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product information, or credit authorization issues.

5.2 Pricing

All prices are subject to change without notice. The price charged will be the price in effect at the time your order is processed.

5.3 Payment

Payment is due at the time of order. We accept major credit cards and other payment methods as displayed on our Website.

6. SHIPPING AND DELIVERY

6.1 Shipping Area

We ship only to addresses within the 48 contiguous United States.

6.2 Delivery

Delivery times are estimates only and are not guaranteed. We are not liable for delays in delivery.

6.3 Risk of Loss

Risk of loss and title to products pass to you upon delivery to the shipping carrier.

7. RETURNS AND REFUNDS

Our complete Return and Refund Policy is incorporated by reference into these Terms:

Eligibility for Returns and Refunds

  • Refund requests must be made within 15 days of receiving your shipment
  • Returns are accepted for products shipped to addresses within the 48 contiguous United States only
  • Items must be unused and returned in their original packaging

Return Process

  • Contact customer service at (262) 888-8101 or Returns@BluegreenMagic.com
  • Return authorization required before shipping products back
  • Customers responsible for return shipping costs unless product is defective

Restocking Fee

  • 20% restocking fee applies to all refunds except for defective products
  • Restocking fee waived if product is found defective upon inspection

Refund Timeline

  • Refunds processed once returned products are received and inspected
  • Up to 14 days processing time after receipt of returned item
  • Refunds issued to original payment method

Non-Returnable Items

  • Opened, used, or damaged packaging items
  • Custom or special-order items (unless defective)

Defective Products

  • Report within 7 days of delivery
  • Photos or additional information may be required

8. PRODUCT WARRANTIES AND DISCLAIMERS

8.1 No Warranties

WE PROVIDE OUR PRODUCTS "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Product Use

Our products are intended for carpet cleaning purposes only. Use of products for any other purpose is at your own risk and may void any protections under these Terms.

9. LIMITATION OF LIABILITY

9.1 Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BLUEGREEN MAGIC LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OUR PRODUCTS OR WEBSITE.

9.2 Damages from Improper Use

WE SHALL NOT BE LIABLE FOR ANY DAMAGES, INJURIES, OR LOSSES RESULTING FROM:

  • Use of products outside their intended purpose
  • Failure to follow product instructions or safety guidelines
  • Mixing our products with other chemicals
  • Use on surfaces not recommended for our products
  • Any allergic reactions or sensitivities to our products

9.3 Maximum Liability

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Bluegreen Magic LLC, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of our products
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Any misuse of our products

11. BINDING ARBITRATION AND CLASS ACTION WAIVER

11.1 Arbitration Agreement

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify.

11.2 Arbitration Rules

Arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration shall take place in Milwaukee County, Wisconsin, or via telephone/video conference at our discretion.

11.3 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST US. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY.

11.4 Costs

Each party shall bear their own costs and attorneys' fees in arbitration, except that we may be required to pay certain AAA filing fees as required by law.

12. USER-GENERATED CONTENT

12.1 Reviews and Comments

You may submit reviews, comments, and other content on our Website. By submitting content, you grant us a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and display such content.

12.2 Content Standards

You agree not to submit content that is unlawful, defamatory, obscene, threatening, or otherwise objectionable. We reserve the right to remove any content at our discretion.

12.3 Responsibility for Content

You are solely responsible for any content you submit and the consequences of posting such content.

13. PRIVACY AND DATA COLLECTION

13.1 Data Collection

We collect and store customer information beyond basic order information, including account details, purchase history, and website usage data.

13.2 Cookies and Tracking

We use cookies, analytics tools, and third-party tracking technologies to improve our Website and services. By using our Website, you consent to such use.

13.3 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

14. INTELLECTUAL PROPERTY

14.1 Our Rights

All content on this Website, including text, graphics, logos, images, and software, is owned by us or our licensors and is protected by copyright and other intellectual property laws.

14.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Website for personal or business purposes related to purchasing our products.

14.3 Restrictions

You may not reproduce, distribute, modify, or create derivative works from our Website content without our express written permission.

15. COMPLIANCE WITH LAWS

You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of our Website and products, including but not limited to laws regarding hazardous materials handling and disposal.

16. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our Website. Your continued use of our Website after changes are posted constitutes acceptance of the modified Terms.

17. TERMINATION

We may terminate or suspend your access to our Website immediately, without prior notice, if you breach these Terms or for any other reason we deem appropriate.

18. SEVERABILITY

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

19. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and Bluegreen Magic LLC regarding your use of our Website and products.

20. GOVERNING LAW

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved in the courts of Milwaukee County, Wisconsin.

21. CONTACT INFORMATION

For questions about these Terms, please contact us at:

Bluegreen Magic LLC
W229N1680 Westwood Dr, Ste B
Waukesha, WI 53186
Phone: (262) 888-8101
Email: Returns@BluegreenMagic.com

By using BluegreenMagic.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.