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OVERVIEW
Welcome to Minimagic-Original Studio! The terms “we”, “us” and “our” refer to Minimagic-Original Studio. Minimagic-Original Studio operates this store and website, including all related information, content, features, tools, products and services to provide you with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (the “Terms”) describe your rights and responsibilities when accessing or using our Services, along with additional policies referenced herein. Please read these Terms carefully, as they contain important information about your legal rights.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you may not use or access our Services.
Nothing in these Terms is intended to exclude or limit any rights you may have under mandatory consumer protection laws, in particular the laws of the European Union and the country of your residence.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your country or residence, or that you have provided consent for any minor dependents to use the Services on devices you own or manage.
To use the Services, including making purchases, you may be required to provide accurate, current and complete information such as your email address, billing, payment and shipping details. You are responsible for maintaining the security of your account credentials and all activity under your account.
SECTION 2 – OUR PRODUCTS
We strive to display accurate product images and descriptions. However, colors and the appearance of products may differ due to device settings or the handmade nature of many of our items.
We do not warrant that product appearance or quality will be identical to images shown.
Nothing in this Section affects any statutory warranty rights (“Gewährleistung”) you may have under applicable consumer law.
All product descriptions are subject to change without notice. We may discontinue any product at any time or limit quantities offered to any individual, region, or jurisdiction.
SECTION 3 – ORDERS
Placing an order constitutes an offer to purchase. Minimagic-Original Studio reserves the right to accept or decline orders at its discretion. Orders are only accepted once payment has been processed and we issue an order confirmation.
Please verify order details before submitting. We may not be able to modify or cancel an order once accepted.
Your purchases are subject to our Refund Policy and, where applicable, your statutory right of withdrawal under EU consumer protection laws.
You represent that purchases are for personal use and not for resale.
SECTION 4 – PRICES AND BILLING
Prices, promotions, and discounts may change without notice. The price at checkout reflects the price applicable at the time of order. Unless otherwise stated, prices do not include taxes, shipping, customs fees or import charges.
You agree to provide accurate and up-to-date payment information and authorize us to charge your payment method for the total amount due.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs or events outside our reasonable control.
For consumer orders, the risk of loss or damage passes to you only once you (or a person designated by you) physically receive the goods, in accordance with EU law.
SECTION 6 – INTELLECTUAL PROPERTY
All trademarks, logos, designs, images, text, graphics, and other materials are owned by Minimagic-Original Studio or licensed to us and are protected by applicable intellectual property laws, including those of Germany and the European Union.
You may use the Services for personal, non-commercial purposes only. No reproduction, distribution, modification, or public display of our content is permitted without prior written permission.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools that we do not monitor or control. These tools are provided “as is” and “as available.” Your use of such tools is entirely at your own risk and subject to the third-party provider’s terms.
Future new features or tools shall also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain links to third-party websites. We do not endorse or take responsibility for the content, accuracy, or policies of third-party sites. You access such sites at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Minimagic-Original Studio is powered by Shopify. However, all sales made through our store are solely between you and Minimagic-Original Studio. Shopify is not responsible for any issues arising from your transactions with us. You expressly release Shopify from any claims arising from your interactions or purchases in our store.
SECTION 10 – PRIVACY POLICY
Your personal data is processed in accordance with our Privacy Policy [LINK] and Shopify’s Privacy Policy. Because the Services are hosted by Shopify, information you provide may be transferred or stored outside your country of residence.
SECTION 11 – FEEDBACK
Any Feedback you submit (reviews, ideas, suggestions, etc.) may be used by us under a perpetual, worldwide, royalty-free license. You represent that you own or have the right to submit such content.
You may not post unlawful, defamatory, obscene, abusive or harmful content, nor impersonate others or mislead us or third parties.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct errors, inaccuracies or omissions at any time, including after an order is submitted.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful, abusive, fraudulent or harmful purposes, interfere with security features, or attempt to gain unauthorized access.
Violation of this Section may result in immediate termination of your access.
SECTION 14 – TERMINATION
We may terminate or restrict your access to the Services at any time for violations of these Terms. You remain responsible for charges incurred up to the termination date.
Certain provisions—including Intellectual Property, Limitation of Liability, Indemnification and Governing Law—continue after termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and products are provided “as is” and “as available.”
We do not guarantee uninterrupted or error-free access and disclaim all implied warranties to the extent permitted by law.
Nothing in these Terms excludes or limits warranty rights you may have under mandatory consumer protection laws.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Minimagic-Original Studio shall not be liable for indirect, incidental, punitive, special or consequential damages.
**However, nothing in these Terms limits liability for:
- intent or gross negligence,
- injury to life, body or health, or
- any liability that cannot legally be excluded under EU or German law.**
SECTION 17 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify Minimagic-Original Studio and Shopify from losses arising from your breach of these Terms or violation of law.
SECTION 18 – SEVERABILITY
If any portion of these Terms is held unenforceable, the remaining provisions remain valid.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Failure to enforce a right does not constitute a waiver. These Terms form the entire agreement between you and us.
SECTION 20 – ASSIGNMENT
You may not assign your rights or obligations without our written consent. We may assign our rights without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of Germany.
If you are a consumer residing in the EU or UK, you retain the protection of mandatory consumer laws in your country of residence. Legal disputes may be brought in the courts of Chemnitz, Germany, or your country of residence, as required by law.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS OF SERVICE
We may update these Terms at any time. Your continued use of the Services after changes constitutes acceptance.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service may be sent to:
Minimagic-Original Studio
✉ polyfonieli@gmail.com