Terms of service
OVERVIEW
Welcome to MagicBear Art! The terms “we”, “us” and “our” refer to MagicBear. MagicBear operates this store and website, including all related information, content, features, tools, products and services (the “Services”). The store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (the “Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using the Services, you agree to be bound by these Terms and our Privacy Policy ([insert Privacy Policy URL]). If you do not agree, do not use or access the Services.
SECTION 1 – ACCESS AND ACCOUNT
You represent that you are at least the age of majority in your place of residence and you consent to allow any minor dependents to use the Services on devices you own or control. To use the Services (including browsing the store or purchasing products), you may be asked to provide information such as email, billing, payment, and shipping details. You warrant that all information you provide is accurate, current, and complete and that you have all rights necessary to provide it. You are responsible for safeguarding your credentials and for all activity under your account. You may not transfer, sell, assign, or license your account.
SECTION 2 – OUR PRODUCTS
We strive to describe and display products accurately; however, colors/appearance may vary due to device settings and configurations. We do not warrant that products will meet your expectations or exactly match on-screen renderings. We may change descriptions, discontinue products, or limit quantities at any time, in our sole discretion.
SECTION 3 – ORDERS
Your order is an offer to purchase. MagicBear Art may accept or decline any order in its discretion; orders are accepted only once payment is received and we confirm acceptance. Please review carefully before submitting; we may be unable to accommodate cancellations after acceptance. If we do not accept, modify, or cancel an order, we will attempt to notify you using the contact details provided. Purchases are subject to our Refund Policy ([insert Refund Policy URL]). You represent that your purchases are for personal/household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price charged will be the price in effect at the time of order and will appear in your confirmation email. Unless expressly stated, prices exclude taxes, shipping/handling, customs and import charges. You agree to provide current and accurate purchase and payment information and to promptly update such information. You warrant you are authorized to use the payment method and will pay all charges, including applicable taxes and fees.
SECTION 5 – SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control. To the extent permitted by applicable law, title and risk of loss pass to you upon our delivery of products to the carrier. This does not affect any non-waivable consumer rights (for example, in the EEA/UK, risk may pass upon delivery). See our Shipping Policy ([insert Shipping Policy URL]) for details.
SECTION 6 – INTELLECTUAL PROPERTY
All content in the Services (trademarks, brands, text, displays, images, graphics, reviews, video, audio, and the design/selection/arrangement thereof) is owned by MagicBear Art, its affiliates or licensors, and protected by applicable intellectual-property laws. You may use the Services for personal, non-commercial use only. No license is granted except as expressly stated. MagicBear names, logos and designs are trademarks of MagicBear. Shopify’s marks are trademarks of Shopify. Other names and logos are the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools on an “as is” and “as available” basis without warranties or endorsement. Your use is at your own risk and subject to the third party’s terms. Future new features are also part of the Services and subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials or links to third-party sites (including embedded functionality). We are not responsible for evaluating or warranting third-party materials or sites. Your use of third-party sites is at your own risk and subject to their policies. Direct any issues regarding third-party products/services to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Our Store is powered by Shopify; however, all sales and purchases are between you and MagicBear Art directly. You acknowledge Shopify is not responsible for your purchases or any resulting injury, damage, or loss. You expressly release Shopify and its affiliates from all claims arising from your transactions with MagicBear Art.
SECTION 10 – PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy ([insert Privacy Policy URL]) and may also be processed under Shopify’s Privacy Policy ([insert Shopify privacy link]). Because the Services are hosted by Shopify, information you submit may be processed by Shopify and its partners (including cross-border transfers) to provide and improve the Services.
SECTION 11 – FEEDBACK
If you submit reviews, ideas, suggestions or other content (“Feedback”), you grant MagicBear a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose. You warrant you own or have rights to the Feedback, have disclosed any incentives, and your Feedback complies with these Terms. We may monitor, edit or remove Feedback in our discretion.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Information in the Services may contain typographical errors or inaccuracies (e.g., descriptions, pricing, shipping charges, transit times, availability). We may correct or update information, or cancel orders, at any time without notice (including after an order is submitted).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes and in compliance with these Terms. Prohibited conduct includes, without limitation: unlawful or malicious use; infringement of IP rights; harassment/defamation; transmitting false or misleading information; unsolicited marketing; impersonation; uploading malware; scraping; interfering with security features; or any conduct that harms MagicBear, Shopify, other users, or exposes them to liability. We may suspend or terminate accounts for violations.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, in our discretion, without notice. You remain liable for amounts due through the termination date. Provisions that by their nature should survive termination will continue (e.g., IP, Feedback, Disclaimers, Limitation of Liability, Indemnification, Severability, Governing Law, Entire Agreement).
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee uninterrupted, timely, secure, or error-free use. Some jurisdictions do not allow disclaimers of implied warranties; to that extent, the above may not apply.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, MagicBear, Shopify, and their respective affiliates, officers, employees, agents, contractors, service providers, and licensors shall not be liable for any indirect, incidental, punitive, special, or consequential damages, or any loss of profits, revenue, savings, data, replacement costs, or similar damages, arising from your use of the Services or products, even if advised of the possibility. Your sole remedy is to stop using the Services and return the product in accordance with our policies.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless MagicBear, Shopify, and their affiliates, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, violation of law or third-party rights, or use of the Services. We may control the defense at your expense; you will cooperate as requested.
SECTION 18 – SEVERABILITY
If any provision is held unlawful or unenforceable, it shall be enforced to the maximum extent permitted and the remainder shall continue in full force.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Failure to exercise or enforce any right or provision is not a waiver. These Terms and posted policies constitute the entire agreement between you and us regarding the Services, superseding any prior or contemporaneous agreements, communications, and proposals. Ambiguities shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer or assign these Terms or any rights or obligations hereunder without our prior written consent; any attempted assignment is void. We may assign or transfer these Terms and our rights and obligations without consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the Hong Kong Special Administrative Region. You and MagicBear consent to the exclusive jurisdiction and venue of the courts located in Hong Kong.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page. We may update, change, or replace any part of these Terms by posting updates to our website. We will notify you of any material changes as required by law, and such changes will be effective on the date specified in the notice. Your continued use of the Services after changes are posted constitutes acceptance.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms should be sent to magicbearmagicbear@gmail.com
Company Information
Magic Bear Culture & Technology Co., Limited
Registered Office (Hong Kong):
[Insert your official Hong Kong registered address here]
Return & Warehouse Address (Mainland China):
Room 1102, Building 11, Zitingyuan,
Furong East Road, Yanta District,
Xi’an, Shaanxi, China
Tel: +86 29-88882299 / +86 187-0096-6275 (WhatsApp)
Email: magicbearmagicbear@gmail.com