Terms of service
OVERVIEW
Welcome to MagicBear Art.
MagicBear Art is operated by MAGIC BEAR CULTURE AND TECHNOLOGY CO., LIMITED. Throughout these Terms of Service, the terms “we,” “us,” and “our” refer to MagicBear Art and its operating company.
We operate this online store and website, including all related information, content, features, tools, products, and services (collectively, the “Services”). Our online store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with the policies referenced in them, describe your rights and responsibilities when you visit, interact with, or purchase from our website.
Please read these Terms carefully. By accessing or using the Services, you agree to these Terms and our Privacy Policy:
https://magicbear-art.com/policies/privacy-policy
If you do not agree with these Terms, please do not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNTS
You represent that you are at least the age of majority in your country or place of residence. You may allow minor dependants to use the Services on devices that you own or control, subject to your supervision and applicable law.
When using the Services, you may be asked to provide information including your name, email address, billing information, payment details, and shipping address. You agree that all information you provide is accurate, current, and complete.
You are responsible for protecting your account credentials and for all activity conducted through your account. You may not sell, transfer, assign, or license your customer account to another person.
SECTION 2 – OUR PRODUCTS
MagicBear Art offers original artworks and other art-related products described on our website.
We make reasonable efforts to display product photographs, colours, dimensions, materials, condition, and other product information as accurately as possible. However, the appearance and colour of an artwork may vary slightly depending on lighting, photography, display settings, and device configuration.
Such reasonable variations do not mean that the artwork is defective or materially different from its description.
We may update product descriptions, correct errors, limit quantities, or discontinue products when reasonably necessary. Because many artworks are unique or available in limited quantities, availability cannot be guaranteed until an order has been accepted.
SECTION 3 – ORDERS
Submitting an order constitutes an offer to purchase the selected product.
An order is accepted only after payment has been successfully processed and we have sent an order confirmation or acceptance notice. We may decline or cancel an order when reasonably necessary, including because of payment problems, suspected fraud, incorrect product information, pricing errors, or product unavailability.
If an order is declined, changed, or cancelled, we will attempt to notify you using the contact information supplied with the order. Any payment collected for a cancelled order will be refunded to the original payment method.
Please review your order carefully before submitting it. Cancellation requests should be sent as soon as possible to:
Once an order has entered processing, packing, or shipment, cancellation may no longer be possible.
Returns and refunds are governed by our Refund Policy:
https://magicbear-art.com/policies/refund-policy
SECTION 4 – PRICES AND PAYMENT
Product prices, discounts, and promotions may change without prior notice. The price charged will be the price displayed when the order is placed, subject to correction of obvious errors.
Standard worldwide shipping is provided free of charge. MagicBear Art covers the import duties, taxes, VAT, and standard customs-clearance fees associated with delivery, as explained in our Shipping Policy.
The complete amount payable for your order will be displayed before you confirm payment.
SECTION 5 – SHIPPING AND DELIVERY
Order processing and delivery estimates are explained in our Shipping Policy:
https://magicbear-art.com/policies/shipping-policy
Delivery dates are estimates rather than guarantees. Delivery may be affected by carrier operations, customs clearance, severe weather, public holidays, destination-country requirements, or other circumstances outside our reasonable control.
We will provide tracking information when it becomes available.
Nothing in this section limits any mandatory consumer rights available under applicable law. Where applicable law provides that the risk of loss remains with the seller until delivery to the customer, those statutory rights will apply.
SECTION 6 – INTELLECTUAL PROPERTY
Unless otherwise stated, the content available through the Services—including trademarks, business names, text, photographs, artwork images, graphics, videos, audio, website design, and arrangement of content—is owned by or licensed to MagicBear Art and is protected by applicable intellectual-property laws.
Purchasing a physical artwork or product does not transfer copyright, reproduction rights, licensing rights, or other intellectual-property rights unless a separate written agreement expressly states otherwise.
You may access and use our website for personal and lawful purposes. You may not reproduce, publish, distribute, sell, commercially exploit, or create derivative works from our website content or artwork images without prior written permission from the relevant rights owner.
Shopify’s names, logos, and trademarks belong to Shopify. Other third-party names and trademarks belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to tools or services supplied by third parties. Third-party tools are provided subject to the relevant provider’s terms and policies.
To the extent permitted by law, third-party tools may be made available on an “as available” basis. You should review the applicable third-party terms before using such tools.
New features or tools introduced through the Services will also be subject to these Terms unless otherwise stated.
SECTION 8 – THIRD-PARTY LINKS
Our website may contain links to third-party websites, services, payment providers, social-media platforms, or other external resources.
We do not control third-party websites and are not responsible for their content, availability, privacy practices, products, or services. Your use of a third-party website is governed by that third party’s terms and policies.
Please direct questions about a third-party product or service to the relevant provider.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Our online store is powered by Shopify. However, purchases made through our store are transactions between the customer and MAGIC BEAR CULTURE AND TECHNOLOGY CO., LIMITED, operating as MagicBear Art.
Shopify is not the seller of the artworks or other products displayed on our website and is not responsible for fulfilling customer orders.
Nothing in this section excludes responsibility that cannot legally be excluded.
SECTION 10 – PRIVACY
Personal information collected through the Services is handled according to our Privacy Policy:
https://magicbear-art.com/policies/privacy-policy
Because our store is powered by Shopify, certain information may also be processed by Shopify and its service providers for the purpose of operating and improving the Services.
Information about Shopify’s privacy practices is available at:
https://www.shopify.com/legal/privacy
SECTION 11 – REVIEWS AND FEEDBACK
If you submit a review, photograph, suggestion, idea, or other feedback (“Feedback”), you grant MagicBear Art a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, publish, and distribute that Feedback for legitimate business and promotional purposes.
You represent that you have the right to submit the Feedback and that it does not infringe another person’s rights, contain unlawful material, or provide false or misleading information.
Where a review or other Feedback was submitted in exchange for compensation, a discount, a free product, or another benefit, that relationship must be clearly disclosed.
We may moderate or remove Feedback that violates these Terms or applicable law.
SECTION 12 – ERRORS AND INACCURACIES
Information on our website may occasionally contain typographical errors, omissions, or inaccuracies relating to product descriptions, prices, availability, shipping charges, processing times, or other information.
We may correct errors and update information when reasonably necessary. If a material error affects an order that you have already placed, we will notify you and provide an appropriate option, which may include confirming the corrected order or receiving a cancellation and refund.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services to:
• Violate applicable law or another person’s rights;
• Submit false, fraudulent, or misleading information;
• Infringe intellectual-property rights;
• Harass, threaten, defame, or discriminate against another person;
• Transmit malware, viruses, or harmful code;
• Attempt to bypass or interfere with website security;
• Collect or scrape information without authorisation;
• Send unsolicited commercial communications;
• Impersonate another person or organisation; or
• Use the Services in a way that could harm MagicBear Art, Shopify, our customers, or third parties.
We may restrict or terminate access to the Services where reasonably necessary to address prohibited or unlawful conduct.
SECTION 14 – TERMINATION
You may stop using the Services at any time.
We may suspend or terminate access to the Services where reasonably necessary, including because of a material breach of these Terms, suspected fraud, unlawful conduct, security risks, or misuse of the Services.
Termination does not affect obligations or liabilities arising before the termination date. Provisions that are intended by their nature to survive termination—including intellectual-property, liability, indemnification, governing-law, and dispute provisions—will continue to apply.
SECTION 15 – WARRANTIES
We make reasonable efforts to provide accurate information and operate the Services reliably.
Except for warranties and consumer protections that cannot legally be excluded, the Services are provided on an “as available” basis. We do not guarantee that access to the website will always be uninterrupted, completely secure, or free from technical errors.
Nothing in these Terms limits or excludes any warranty, guarantee, remedy, or consumer right that cannot be excluded under applicable law.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, MagicBear Art, MAGIC BEAR CULTURE AND TECHNOLOGY CO., LIMITED, Shopify, and their respective officers, employees, service providers, contractors, and licensors will not be liable for indirect, incidental, punitive, special, or consequential losses arising from use of the Services.
Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot legally be excluded or limited.
Where liability cannot be excluded, it will be limited only to the extent permitted by applicable law.
SECTION 17 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify MagicBear Art, MAGIC BEAR CULTURE AND TECHNOLOGY CO., LIMITED, Shopify, and their respective affiliates, officers, employees, contractors, licensors, and service providers against third-party claims arising directly from your unlawful use of the Services, infringement of third-party rights, or material breach of these Terms.
This section does not apply where a claim results from our own unlawful conduct, negligence, or breach of duty.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the greatest extent permitted by law or removed to the minimum extent necessary.
The remaining provisions will continue in effect.
SECTION 19 – WAIVER AND ENTIRE AGREEMENT
A failure or delay in exercising a right under these Terms does not constitute a waiver of that right.
These Terms and the policies expressly incorporated into them constitute the agreement between you and us concerning your use of the Services and supersede prior communications concerning the same subject matter.
Nothing in this section limits statutory rights that cannot be waived.
SECTION 20 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations where reasonably necessary in connection with a business reorganisation, transfer, or sale, provided that doing so does not reduce any mandatory consumer rights.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the Hong Kong Special Administrative Region.
The courts of Hong Kong will have jurisdiction over disputes arising from these Terms, except where applicable consumer law entitles a customer to bring a claim in another jurisdiction.
Nothing in this section restricts any mandatory rights or legal protections available to a customer in their country or place of residence.
SECTION 22 – HEADINGS
Section headings are provided for convenience only and do not affect the interpretation of these Terms.
SECTION 23 – CHANGES TO THESE TERMS
The current version of these Terms will remain available on this page.
We may update these Terms when reasonably necessary to reflect changes to our Services, business practices, or legal obligations. Updated Terms will be posted on our website with an updated effective date where appropriate.
Where required by law, we will provide notice of material changes. Continued use of the Services after an update takes effect constitutes acceptance of the updated Terms, subject to any rights provided by applicable law.
SECTION 24 – CONTACT AND BUSINESS INFORMATION
Questions about these Terms, customer service, orders, returns, or refunds may be sent to:
Email:
info@magicbear-art.com
Telephone:
+852 6471 3416
Seller and Website Operator:
MAGIC BEAR CULTURE AND TECHNOLOGY CO., LIMITED
Trading Name:
MagicBear Art
Registered Office:
Room D07, 8/F, Kai Tak Factory Building Phase II,
99 King Fuk Street, San Po Kong,
Kowloon, Hong Kong
Return and Warehouse Address:
Xi’an Academy of Fine Arts
No. 100, South Section of Hanguang Road
Yanta District, Xi’an
Shaanxi 710065
China
Customers must contact info@magicbear-art.com before returning an item. Returns sent without prior authorisation may not be identifiable or accepted. After a return request has been approved, we will provide the recipient details and any additional shipping instructions required by the carrier.
Last updated: 24 August 2026