Terms of service

OVERVIEW
Welcome to Arcana Magic! The terms "we", "us" and "our" refer to Arcana Magic (ABN 59 953 269 823), an Australian business based in Victoria. Arcana Magic 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"). Arcana Magic is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service 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 our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other legislation that cannot lawfully be excluded or limited. Where any clause in these Terms would otherwise do so, it applies only to the extent permitted by law.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or that you are using the Services with the involvement and consent of a parent or guardian. You have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store 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 the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. 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 store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue 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.
We currently sell and deliver to customers in Australia only.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Arcana Magic reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Arcana Magic confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Arcana Magic may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made, and we will refund any payment received for that order.
Your purchases are subject to return or exchange in accordance with our Refund Policy and your rights under the Australian Consumer Law.
You represent and warrant that your purchases are for your own personal or household use, or for use in your own performances, and not for commercial resale.

SECTION 4 - PRICES AND BILLING
All prices on our store are in Australian dollars (AUD) and include GST where applicable. Shipping costs, where they apply, are shown at checkout before you complete your purchase. Because we only sell within Australia, there are no customs or import charges on our orders.
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 set out in your order confirmation email.
Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use that payment method for the purchase, (iii) charges incurred by you will be honoured by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including any shipping charges shown at checkout.

SECTION 5 - SHIPPING, DELIVERY AND DIGITAL PRODUCTS
We ship physical products to addresses within Australia. Delivery times are estimates only and are not guaranteed. Subject to your rights under the Australian Consumer Law, we are not responsible for delays caused by shipping carriers or events outside our reasonable control. If your order is lost or damaged in transit, please contact us as set out in our Shipping Policy and we will work with you to resolve it.
Digital products (such as video downloads, eBooks and apps) are delivered online and do not require shipping. Access instructions are provided after purchase. Digital products are licensed for your personal use only and may not be copied, shared, resold or distributed.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Arcana Magic, its affiliates or licensors and are protected by Australian and international copyright, trade mark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must 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 a licence or other rights to you under any patent, trade mark, copyright, or other intellectual property of Arcana Magic, Shopify or any third party. Unauthorised use of the Services may be a breach of copyright, trade mark and other laws. All rights not expressly granted herein are reserved by Arcana Magic.
Product names, images and trade marks of the magic products we sell belong to their respective creators and publishers. Arcana Magic is an authorised retailer and is not affiliated with or endorsed by those publishers unless stated. Shopify's name, logo, product and service names, designs and slogans are trade marks of Shopify.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.
Subject to the Australian Consumer Law, 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. Any use by you of the optional tools offered through the site is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which 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 deemed part of the Services and are subject to these Terms of Service.

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, such as our digital download library). 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 these materials or third-party sites, you do so at your own risk.
Please review carefully the third party's policies and practices 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
Arcana Magic is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Arcana Magic. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Arcana Magic, including any injury, damage, or loss resulting from purchased products and services. To the extent permitted by law, you release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Arcana Magic.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is handled in accordance with our Privacy Policy and the Privacy Act 1988 (Cth), and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed at shopify.com/legal/privacy/app-users. By using the Services, you acknowledge that you have read these privacy policies.

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 medium for any purpose, including for commercial use.
You also represent and warrant that: (i) you own or have all necessary 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 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, obscene or otherwise objectionable, or that breaches any party's intellectual property or these Terms of Service.
You agree that your Feedback will not breach any right of any third party, will not be defamatory or otherwise unlawful, abusive or obscene, and will not contain any computer virus or other malware. 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.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, 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 without prior notice (including after you have submitted your order). If we cancel an order for this reason, we will refund any payment received for it.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to breach any Australian or other applicable laws or regulations; (c) to infringe upon or breach our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, intimidate, or harm any of our staff or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any spam or similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Arcana Magic, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorisation features of the Services. We reserve the right to suspend, disable, or terminate your account at any time if we determine that you have breached any part of these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, 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 any time, and you will remain liable for all amounts due up to and including the date of termination. Termination does not affect any rights you have under the Australian Consumer Law in relation to products you have already purchased.
The following sections will continue to apply following any 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 that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes. Subject to the Australian Consumer Law, we do not warrant the accuracy, completeness, or usefulness of this information.
To the extent permitted by law, and except for the guarantees that cannot be excluded under the Australian Consumer Law, the Services are provided "as is" and "as available", and we exclude all other express or implied warranties, representations and conditions. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

SECTION 17 - LIMITATION OF LIABILITY
To the extent permitted by law, and subject to your rights under the Australian Consumer Law, Arcana Magic will not be liable for any indirect or consequential loss or damage, including loss of profits, revenue, savings or data, arising from your use of the Services or any products purchased through the Services.
Where our goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a consumer guarantee is limited, to the extent permitted by law, to (in the case of goods) replacing the goods, supplying equivalent goods or paying the cost of doing so, or (in the case of services) supplying the services again or paying the cost of having them supplied again.
Nothing in this section limits our liability for any loss or damage caused by our negligence, or any liability that cannot be limited under the Australian Consumer Law.

SECTION 18 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify Arcana Magic and Shopify, and our affiliates, partners, officers, employees, agents, contractors, licensors, and service providers, against any losses, damages, liabilities or claims, including reasonable legal costs, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your breach of any law or the rights of a third party, or (3) your misuse of the Services. This indemnity does not apply to the extent any loss is caused by our own negligence or breach.

SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be read down to the extent necessary, or if it cannot be read down, severed from these Terms. This will not affect the validity and enforceability of any other provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site in respect of the Services constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms and our rights and obligations, provided this does not reduce your rights under the Australian Consumer Law.

SECTION 22 - GOVERNING LAW
These Terms of Service, and any separate agreements under which we provide you Services, are governed by the laws of Victoria, Australia, and the Commonwealth of Australia. You and Arcana Magic submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, and the courts that may hear appeals from them.

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 TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We may update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Changes will not apply to orders placed before the change takes effect. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@arcanamagic.com.au.
Our contact information is:
Arcana Magic
ABN 59 953 269 823
Torquay, Victoria, Australia
contact@arcanamagic.com.au
0407 288 208