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Terms of Service

 
 
LEGAL
Your Use of Our Services
These Terms govern your access to and use of the spookymagicwear website and related services. Please read carefully.
§1

Introduction and Acceptance of Terms

• These Terms of Service ("Terms") constitute an agreement between you ("User", "you", "your") and spookymagicwear ("Company", "we", "us", "our") governing your access to and use of our website located at spookymagicwear, including any subdomains, and all related services (collectively, the "Services").

• By accessing, browsing, or using our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please discontinue use of our Services immediately.

§2

Eligibility and Age Requirements

• To use our Services, you must be at least 18 years of age. By using our Services, you represent and warrant that:

(a) You are at least 18 years old;

(b) You have the legal capacity to enter into binding contracts;

(c) All registration information you provide is accurate and complete.

• Parents or legal guardians may permit minor children to use the Services under their direct supervision, provided the parent or guardian is at least 18 years old.

§3

Modifications to Terms

• We may update or modify these Terms from time to time. We will provide notice of significant changes by:

(a) Posting the revised Terms on our website;

(b) Sending email notifications to registered users;

(c) Displaying notices within our Services.

• Your continued use of the Services after any modification constitutes acceptance of the updated Terms.

§4

Intellectual Property Rights

• All content available through our Services, including text, graphics, logos, images, and other materials, is the property of spookymagicwear or our content providers and is protected by applicable copyright laws.

• We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes.

• You may not:

(a) Modify, reproduce, distribute, or create derivative works without prior written permission;

(b) Use data mining, scraping, or similar automated tools;

(c) Reverse engineer, decompile, or attempt to extract source code from any part of the Services.

§5

Product Information and Pricing

• We strive to display product information as accurately as possible; however, we cannot guarantee that the colors displayed on your device will exactly match the actual product.

• All products are subject to availability. We may:

(a) Limit the quantity of items purchased;

(b) Discontinue or modify products;

(c) Refuse or cancel orders where necessary.

• Pricing is subject to change without prior notice.

§6

Order Processing and Payment

• Receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to refuse or cancel orders for various reasons, including suspected fraud or inaccurate information.

• You agree to pay all charges at the prices in effect at the time they are incurred.

§7

Risk of loss and title transfer

• Risk of loss transfers to you once the order is delivered to the carrier.

• All shipping dates and delivery timelines are estimates only. We are not responsible for delays caused by factors beyond our reasonable control.

§8

Returns and Refunds

• For details regarding returns, exchanges, and refunds, please refer to our Return Policy.

• We may limit or refuse returns if misuse or abuse of the return process is suspected.

§9

User Responsibilities

• You agree not to use our Services to:

(a) Violate any applicable laws or regulations;

(b) Infringe upon intellectual property or other rights of third parties;

(c) Transmit harmful, unlawful, or inappropriate content.

• You may not:

(a) Interfere with or disrupt the operation of the Services;

(b) Use automated systems or bots to access the Services without permission;

(c) Attempt to gain unauthorized access to accounts, systems, or networks.

§10

User Content

• By submitting any content through the Services, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, display, and distribute such content as necessary to operate the Services.

• You represent and warrant that you possess all rights necessary to submit such content.

§11

Governing Law

• This section and all related disclaimers shall be interpreted and enforced in accordance with the laws of the United States, as applicable, together with all other relevant local laws. This includes, without limitation, the laws of the merchant’s place of business registration(NY), the jurisdictions in which our business activities are conducted, and any legal, regulatory, or compliance obligations arising from the jurisdictions of our partners, acquirers, or third-party service providers.

§12

Limitation of Liability

• To the fullest extent permitted by law, spookymagicwear shall not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Services.

• Our total liability to you for any claim shall not exceed the amount you paid to us during the six months preceding the claim.

§13

Indemnification

You agree to indemnify, defend, and hold harmless spookymagicwear, its officers, directors, employees, and affiliates from all claims:

(a) Your use of the Services;

(b) Your violation of these Terms;

(c) Your violation of any third-party rights.

§14

Termination

• We may suspend or terminate your access to the Services at any time if you violate these Terms.

• Sections relating to intellectual property, limitation of liability, and indemnification shall survive termination.

§15

International Use

• We make no representation that the Services are appropriate or available in all international locations.

• Users accessing the Services from other jurisdictions are responsible for ensuring compliance with local laws.

§16

Privacy

• Your use of the Services is governed by our Privacy Policy.

§17

General Provisions

• These Terms constitute the entire agreement between you and spookymagicwear regarding your access to and use of the Services.

• If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.

§18

Contact Information

For questions regarding these Terms, you may contact us at:
Email: [email protected]

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