Terms of service

OVERVIEW
Welcome to Magic Photobook! The terms “we”, “us”, “our” and “ours” refer to Magic Photobook. Magic Photobook operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Magic Photobook operates with Shopify, which enables us to provide you with the Services.

The following terms and conditions, together with all policies referenced herein (these “General Terms and Conditions” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these General Terms and Conditions carefully, as they include important information about your legal rights and cover various areas such as disclaimers of warranties and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these General Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these General Terms and Conditions and the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By accepting these General Terms and Conditions, you represent that you have reached the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.

In order to use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our stores is true, current and complete and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. Please note, however, that the colours or appearance of a product may differ from how they appear on your screen due to the type of device you use to access the store, as well as your device settings and configuration.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or presented in our online stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to withdraw any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. Magic Photobook reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Magic Photobook confirms its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Magic Photobook may not be able to process cancellation requests after the order has been accepted. In the event that we do not accept, modify or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange only in accordance with our refund policy [LINK].

You represent and warrant that your purchases are for your personal or household use only and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation email. Unless expressly stated otherwise, advertised prices do not include taxes, shipping charges, handling charges, customs duties or import fees.

Prices published in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these General Terms and Conditions. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is true, correct and complete; (ii) you are duly authorised to use that credit card for the purchase; (iii) the charges incurred by you will be honoured by your credit card issuer; and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection and arrangement thereof, are the property of Magic Photobook, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services only for personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants, or shall be construed as granting, you any licence or other rights under any patent, trademark, copyright or other intellectual property of Magic Photobook, Shopify or any third party. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Magic Photobook.

The names, logos, product and service names, designs and slogans of Magic Photobook are trademarks of Magic Photobook or its affiliates or licensors. You must not use such trademarks without the prior written permission of Magic Photobook. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans in the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
As part of the Services, you may be provided with access to customer tools offered by third parties that we neither monitor nor control nor have any input over.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these General Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of any products, services, resources or content on third-party websites. Please review carefully the policies and practices of the relevant third party and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Magic Photobook is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases you make in our store are made directly with Magic Photobook. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Magic Photobook, including any injury, damage or loss arising from products and services purchased. You hereby expressly release Shopify and Shopify’s affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Magic Photobook.

SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s Privacy Policy, which you can review here. By using the Services, you acknowledge that you have read the relevant privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve them. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than your own for the purpose of providing services to you.

SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any media for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, evaluate, improve, enhance and promote the Services, as well as to perform our obligations and exercise our rights under the General Terms and Conditions.

You also represent and warrant that: (i) you own or otherwise control all rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libellous, obscene, pornographic, indecent or otherwise objectionable, or that violates any party’s intellectual property or these General Terms and Conditions.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local law, regulation, rule or ordinance; (c) to infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, intimidate or otherwise injure any of our employees or any other person; (e) to submit false or misleading information; (f) to upload, download, use or re-use material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Magic Photobook, Shopify or users of the Services or expose them to liability.

You also agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use spam, phishing, pharming or pretexting in relation to the Services; (e) use robots, spiders, data mining tools, data gathering and extraction tools, automated devices or processes, AI tools (such as agentic AI), or any automated or manual means to access the Services; (f) interfere with, circumvent or evade authorisation features, robot exclusion headers, or other measures we implement to limit access to the Services. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS
14.1 This section (Agent Terms) applies if you use, permit, enable or require an Agent to access, use or interact with the Services. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or organisation and that may operate on behalf of or with the assistance of a person’s device without direct supervision.

14.2 Agents may not access, use or interact with the Services unless, in all cases, they identify themselves and act in strict compliance with the requirements set out in Section 14.4 below. In addition, they may not access, use or interact with the Services if we have asked them to refrain from accessing, using or interacting with any Service.

14.3 We may restrict, including through technical measures, whether and how any Agent accesses, uses and interacts with the Services.

14.4 Agents must:
(i) in all HTTP/HTTPS requests, state that the request is from an Agent and disclose the Agent’s name by including the following in the request’s user-agent string:
(ii) not conceal or mask that access, use or interactions are by an Agent, including by:
(a) imitating human behaviour and interaction patterns;
(b) completing or bypassing CAPTCHA or other measures intended to distinguish computer use from human use;
(iii) respond truthfully to any question or prompt intended to determine whether interactions are coming from a human or a computer;
(iv) not bypass or otherwise evade any measure designed to block, restrict, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim any liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of their contents.

EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND SHOPIFY’S AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Magic Photobook, Shopify and our affiliates, partners, employees, directors, officers, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, brought by any third party due to or arising out of (1) your breach of these General Terms and Conditions or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that failure to notify you promptly does not relieve you of your obligations unless you have suffered material prejudice as a result. We may control the defence and settlement of such a claim at your expense, including the choice of legal counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (which may not be unreasonably withheld). You agree to cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY
If any provision of these General Terms and Conditions is determined to be unlawful, invalid or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision.

These General Terms and Conditions and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the General Terms and Conditions).

Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT
You may not delegate or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may assign or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 22 – GOVERNING LAW
These General Terms and Conditions and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Magic Photobook has its registered seat. You and Magic Photobook agree to the competent court and personal jurisdiction of those courts.

SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO THE TERMS
You can review the most current version of the General Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these General Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION
Questions about the General Terms and Conditions should be sent to us at info@magicphotobook.com.

Our contact information is provided below:

ENTЕАM 96 LTD
info@magicphotobook.com
59 Chataldzha Street
5800 Pleven, Bulgaria
+359 884 215 700
BG207320841