TERMS OF SERVICE

OVERVIEW

Welcome to MAGIC&WILL.

The terms “we”, “us” and “our” refer to MAGIC&WILL CO., LTD. MAGIC&WILL CO., LTD. operates this online store and website, including all related information, content, features, tools, products and services in order to provide customers with a curated shopping experience (the “Services”).

Our online store is powered by Shopify, which provides the ecommerce platform that enables us to offer the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They contain important information regarding your legal rights, obligations, limitations of liability, returns, cancellations, payments, and use of the Services.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service, our Privacy Policy, Return & Exchange Policy, Shipping Policy, and any other policies published on our website.

If you do not agree to these Terms, you should not access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT

By using the Services, you represent that you are legally capable of entering into a binding agreement under the laws applicable to you.

To access or use certain Services, including placing an order, you may be required to provide information such as your name, email address, phone number, billing information, payment information, and shipping address.

You represent and warrant that all information you provide is accurate, current, and complete.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.

You may not sell, assign, transfer, or provide your account to another person without our permission.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to ensure that product descriptions, images, colours, sizes, specifications, and other information displayed on our website are accurate.

However, colours and product appearance may vary depending on your device, display settings, lighting conditions, manufacturing batches, and other factors.

Sizing information and measurements are provided as general guidance. Customers are responsible for reviewing the relevant size information before placing an order.

We reserve the right to modify product descriptions, specifications, availability, and pricing at any time before an order is accepted.

We may discontinue products or limit product quantities where reasonably necessary.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase products from MAGIC&WILL CO., LTD.

We reserve the right to accept, decline, cancel, or modify an order where reasonably necessary, including where:

• A product is unavailable.

• There is an obvious pricing, system, or product information error.

• Payment cannot be authorised or verified.

• Shipping information is incomplete or invalid.

• We reasonably suspect fraudulent activity, misuse, or unauthorised resale.

• We are unable to fulfil the order for operational or legal reasons.

An order is considered accepted when we confirm acceptance and begin processing it.

Order Cancellations

Orders may be cancelled before they have been shipped.

Once an order has been shipped or handed over to the delivery carrier, it cannot be cancelled.

If you no longer want an order after it has been shipped, you may request a return after receiving the order, subject to our Return & Exchange Policy.

Submitting a cancellation request does not guarantee cancellation if the order has already entered the shipping process.

Returns and Exchanges

Eligible return requests must be submitted within 14 days from the date the order is received.

Return or exchange eligibility is subject to our Return & Exchange Policy.

For hygiene and safety reasons, products with hygiene seals, protective seals, or single-use packaging cannot be returned or exchanged once the packaging or seal has been opened, removed, torn, damaged, or otherwise compromised, except where the product is defective, damaged, incorrect, or has a confirmed quality issue.

We do not normally offer direct exchanges. If you wish to change a size, colour, style, or product, you must first return the eligible item and then place a new order.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions may change without prior notice before an order is placed.

The price charged will normally be the price displayed at checkout at the time the order is submitted.

Applicable shipping charges, taxes, duties, or other charges may be shown separately during checkout where applicable.

You agree to provide accurate, complete, and current purchase, billing, payment, and account information.

You represent that you are authorised to use any payment method submitted for an order.

We are not responsible for payment delays, declined transactions, or verification failures caused by banks, payment processors, card issuers, or other third-party payment providers.

SECTION 5 - SHIPPING AND DELIVERY

We will make reasonable efforts to process and dispatch orders within the estimated timeframe provided on our website.

Delivery times are estimates only unless expressly stated otherwise.

Delivery may be affected by circumstances outside our reasonable control, including courier delays, weather, public holidays, incorrect address information, customs procedures, remote locations, or other logistical disruptions.

Customers are responsible for providing a complete and accurate recipient name, delivery address, telephone number, and any other information necessary for delivery.

If delivery fails or is delayed because the customer supplied inaccurate or incomplete information, additional delivery or redelivery charges may apply where permitted.

Please refer to our Shipping Policy for further information.

Nothing in this section limits any rights available to customers under applicable consumer protection laws.

SECTION 6 - INTELLECTUAL PROPERTY

The Services, including our trademarks, brand names, logos, text, product images, graphics, videos, designs, website layout, and other content, are owned by or licensed to MAGIC&WILL CO., LTD. and are protected by applicable intellectual property laws.

You may use the Services for personal and non-commercial purposes only.

You may not reproduce, distribute, modify, publish, copy, store, transmit, sell, commercially exploit, or create derivative works from our protected content without prior written permission, except where permitted by applicable law.

MAGIC&WILL names, logos, product names, service names, designs, and slogans may be trademarks or protected intellectual property of MAGIC&WILL CO., LTD. or its licensors.

Shopify's name, logos, trademarks, and other intellectual property remain the property of Shopify and its respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools or services that we do not directly control or operate.

Such tools may be provided on an “as is” and “as available” basis and may be subject to the separate terms and policies of the relevant third-party provider.

Your use of optional third-party tools is at your own discretion.

We may introduce new features, tools, or resources in the future, and those features will also form part of the Services and may be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to websites, platforms, or services operated by third parties.

We are not responsible for the independent content, accuracy, security, availability, or practices of third-party websites or services.

If you choose to access a third-party website or service, you should review its applicable terms and privacy policies.

Any complaints or claims regarding third-party products or services should normally be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

MAGIC&WILL is powered by Shopify, which enables us to provide the Services to you.

However, all sales and purchases made through our Store are made directly between you and MAGIC&WILL CO., LTD.

Shopify is not the seller of the products offered by MAGIC&WILL and is not responsible for product quality, fulfilment, delivery, refunds, or other obligations arising from purchases made from MAGIC&WILL.

Nothing in this section limits any rights that cannot lawfully be excluded.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our online store is powered by Shopify, certain personal information may also be processed by Shopify and other service providers where necessary to provide the Services.

Information may be transmitted to service providers located outside your country where necessary for ecommerce, payment processing, analytics, shipping, fraud prevention, customer support, and other operational purposes.

Please review our Privacy Policy for further information.

SECTION 11 - FEEDBACK AND REVIEWS

If you submit reviews, comments, photographs, videos, suggestions, feedback, or other content to us, you confirm that you have the right to submit that content.

You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, display, publish, and distribute such content for purposes related to operating, marketing, and improving our Services.

You must not submit content that:

• Violates intellectual property rights.

• Is unlawful, defamatory, abusive, obscene, fraudulent, or misleading.

• Contains malware, viruses, or harmful code.

• Misrepresents your identity or relationship with another person or organisation.

We may remove or moderate content where reasonably necessary.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Our Services may occasionally contain typographical errors, inaccuracies, technical errors, or omissions relating to product information, pricing, promotions, shipping charges, availability, or delivery estimates.

We may correct such information where reasonably necessary.

Where an error materially affects an order that has already been placed, we will handle the matter in accordance with applicable consumer protection laws.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You must not:

• Use the Services for unlawful or fraudulent purposes.

• Violate applicable laws or regulations.

• Infringe intellectual property or other legal rights.

• Harass, threaten, abuse, impersonate, or defame another person.

• Submit false or misleading information.

• Upload malware, viruses, or harmful code.

• Interfere with the security or operation of the Services.

• Attempt unauthorised access to systems, accounts, or data.

• Scrape, harvest, or collect data without authorisation.

• Place fraudulent orders or misuse payment, refund, promotion, or Cash on Delivery systems.

We may restrict, suspend, or terminate access where these Terms are materially violated.

SECTION 14 - AUTOMATED SYSTEMS AND AGENTS

Automated systems, bots, agents, scraping tools, or other software must not access or interact with our Services in a manner that circumvents security measures, interferes with normal website operation, or violates these Terms.

We may use technical measures to restrict or block automated access where reasonably necessary.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including where a user materially violates these Terms, engages in fraudulent activity, abuses payment or refund systems, or poses a security risk.

Any rights or obligations that by their nature should continue after termination will remain effective.

SECTION 16 - DISCLAIMER OF WARRANTIES

We aim to provide accurate, reliable, and secure Services, but we cannot guarantee that the website will always be uninterrupted, error-free, or available at all times.

To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

Nothing in these Terms excludes or limits any warranty, guarantee, remedy, or consumer right that cannot legally be excluded.

SECTION 17 - LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, MAGIC&WILL CO., LTD., its directors, employees, contractors, affiliates, agents, and service providers will not be liable for indirect, incidental, special, punitive, or consequential losses arising from the use of the Services where such liability may lawfully be excluded.

Nothing in these Terms excludes, restricts, or modifies liability that cannot lawfully be excluded under applicable consumer protection laws.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to be responsible for losses or claims arising directly from your unlawful use of the Services, infringement of third-party rights, fraudulent conduct, or material breach of these Terms.

Nothing in this section limits any rights or protections available to consumers under applicable law.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, the affected provision will be enforced to the maximum extent permitted by law or treated as severed where necessary.

The remaining provisions will remain valid and enforceable.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

Failure by us to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with the policies referenced on our website, constitute the agreement governing your use of the Services.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer or assign our rights and obligations where reasonably necessary in connection with the operation, restructuring, transfer, or sale of our business, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services are governed by and construed in accordance with the laws of Thailand.

Any dispute will be subject to the jurisdiction of the competent courts of Thailand, subject to any mandatory consumer protection rights available under applicable law.

SECTION 23 - HEADINGS

The headings used in these Terms are provided for convenience only and do not affect the interpretation of the Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You may review the latest version of these Terms at any time on this page.

We may update these Terms from time to time to reflect changes in our Services, business practices, operational requirements, or applicable laws.

Where required by law, we will provide appropriate notice of material changes.

Continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

MAGIC&WILL CO., LTD.
Email: echo@magicwill.net
Business Address: 88/62 Moo 4, Nong Chak, Ban Bueng, Chon Buri 20170, Thailand
Business Registration Number: 0205569023443

Additional contact information may be provided on our Contact Us page.