Terms of service

Overview

We welcome you to Witchcraft & Wizardry! The terms "we", "us" and "our" refer to Witchcraft & Wizardry. Witchcraft & Wizardry manages this store and website, including all related information, content, features, tools, products and services, in order to offer you, as a customer, a curated shopping experience (the "Services"). Witchcraft & Wizardry is Powered by Shopify, which allows us to provide you with Services.

The terms and conditions below, along with any policies referred to herein (these "Terms and Conditions of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms and Conditions of Service carefully, as they include important information about your legal rights and cover aspects such as warranty releases and limitations of liability.

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

SECTION 1 - LOGIN AND ACCOUNT

By accepting these Terms and Conditions of Service, you represent that you have reached the age of majority in your State or Region of residence and that you have provided us with your consent for any of your minor family members to use the Services on devices you own, purchase or operate.

To use the Services, including accessing or browsing our online stores or purchasing any

Product or service we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping data. You represent and warrant that all information provided in our store is correct, up-to-date 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 all activities carried out on your account. You may not transfer, sell, assign, or license your account to any third party.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, keep in mind that the colors or appearance of products may differ from how they appear on the screen due to the type of device used to access the store and the settings and configurations of the device itself.

We do not guarantee that the appearance or quality of any product or service purchased meets expectations or corresponds to what is represented or displayed 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 discontinue any product at any time and may limit the quantities of any product offered to any person, region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, present a purchase offer. Witchcraft & Wizardry reserves the right to accept or refuse the order for any reason, at its discretion. The order is not accepted until Witchcraft & Wizardry confirms its acceptance. Payment must be received and processed before the order is accepted. Please check the order carefully before submitting it, as Witchcraft & Wizardry may not be able to accommodate cancellation requests after the order is accepted. In the event that the order is not accepted, modified or canceled, we will try to inform you by contacting you at the e-mail address, billing address and/or phone number provided at the time of the order.

Purchases are subject to return or exchange exclusively in accordance with our Refund Policy [LINK].

You represent and warrant that the purchases are intended for personal or domestic use 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 force at the time of sending the order and will be indicated in the order confirmation email. Unless otherwise expressly stated, the published prices do not include taxes, shipping costs, handling costs, customs duties or import costs.

The prices posted in our online stores may differ from the prices offered in physical stores or in online stores or in other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect prices and which are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

You agree to provide up-to-date, 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 related expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that (i) the credit card information provided is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the charges incurred will be honored by the credit card company and (iv) the amounts charged will be paid at the published prices, including shipping and handling fees and all applicable taxes, if applicable.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All delivery times are only indicative and are not guaranteed. We are not responsible for delays caused by shipping couriers, customs procedures or events beyond our control. Once the products are transferred to the courier, the ownership and risk of loss pass to you

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, texts, display elements, images, graphics, product reviews, video and audio, as well as their design, selection and arrangement, are the property of Witchcraft & Wizardry, its affiliates or its licensors and are protected by US and foreign patent, copyright and other intellectual property rights laws.

These Terms allow the use of the Services exclusively for personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly exhibit, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing herein grants or is to be construed as granting a license or other rights in relation to patents, trademarks, copyrights or other intellectual property rights of Witchcraft & Wizardry, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Witchcraft & Wizardry.

The names, logos, product and service names, designs and slogans of Witchcraft & Wizardry are trademarks of Witchcraft & Wizardry or its affiliates or its licensors. You may not use such trademarks without the prior written consent of Witchcraft & Wizardry. Shopify's name, logo, product and service names, designs, and slogans are Shopify trademarks. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranty, representation or condition of any kind and without any endorsement. We will have no liability of any kind arising from or related to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you know and approve the terms and conditions under which such tools are provided by their respective third-party providers.

In the future we may also offer new features through the Services (including the release of new tools and resources). These new features will also be considered part of the Services and will be subject to these Terms and Conditions of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hypertext links to websites provided or operated by third parties (including any built-in third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.

We are not responsible for any damage or prejudice related to access to third-party websites or the purchase or use of products, services, resources or content on third-party websites. Carefully review third-party policies and practices and make sure you understand them before making any transaction. Complaints, requests, doubts or questions regarding third-party products and services should be addressed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]

Witchcraft & Wizardry is supported by Shopify and this allows us to provide you with the Services. However, all sales and purchases made in our store are made directly with Witchcraft & Wizardry. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Witchcraft & Wizardry, including any damage, injury or loss arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising out of or related to your purchases and transactions with Witchcraft & Wizardry.

SECTION 10 - PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and some personal data may be subject to the provisions of Shopify's Privacy Policy, available here. By using the Services, you declare that you have read this privacy policy.

Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access and use of the Services in order to provide and improve the Services. The information you submit to the Services will be transmitted and shared with Shopify as well as with third parties who may be in a country other than the one in which you reside, in order to provide you with the services. See our privacy policy [LINK] for more details on how we, Shopify and our partner use your personal data.

SECTION 11 - FEEDBACK

If you submit, upload, publish, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you give us a perpetual, universal, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. We may, for example, exercise the rights arising from such license to operate, provide, evaluate, improve, refine and promote the Services and to fulfill our obligations and exercise our rights under the Terms and Conditions of the Service.

You further represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have declared any compensation or incentive received in connection with sending the Feedback; and (iii) your Feedback will comply with these Terms. We are not and will not be obliged in any way to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, without any obligation to do so, monitor, modify or remove feedback that, in our sole discretion, we believe is illegal, offensive, threatening, defamatory, libellous, pornographic, obscene, or otherwise unacceptable, or that violates the intellectual property of any person or these Terms and Conditions of Service.

You are committed to ensuring that your Feedback does not violate any third party rights, including copyright, trademark, privacy, personality rights or other personal or proprietary rights. You also undertake that your Feedback does not include libellous, defamatory or otherwise illegal, unlawful or obscene content, nor contain computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a fake email address, pretend to be someone else or otherwise mislead us, or mislead third parties, about the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility and assume no liability for any Feedback posted by you or third parties.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Sometimes some information about or within the Services may contain typographical errors, inaccuracies or omissions regarding product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. If this information is not accurate, we reserve the right to correct errors, inaccuracies or omissions and to modify or update the information or cancel orders at any time and without notice (even after the order has been placed)

SECTION 13 - PROHIBITED USES

You can access the Services and use them exclusively for lawly purposes. You may access and use the Services solely for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) for violating international, federal, provincial or state regulations, laws, or local regulations, or ordinances; (c) to violate or infringe our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, cause harm, defame, slander, denigrate, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not Complies with these Terms; (g) to transmit, or arrange for the sending of, any advertising or promotional material, including junk mail, chain mail, spam or any other form of similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to carry out any other conduct that limits or inhibits the use or enjoyment of the Services by anyone or that, in our discretion, may harm Witchcraft & Wizardry, Shopify or the 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 that is or may be used in any way that compromises the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or monitor the Personal Data of others; (d) spam, phishing, pharming or pretexting on the Services; (e) use robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, artificial intelligence tools (such as agency AI) or automated or manual means to access the Services; or (f) interfere with, circumvent or circumvent security or authorization features, robot exclusion headers, or other measures we take 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 any part of these Terms has been violated.

SECTION 14 - AGENTS

14.1 This section (Terms for Agents) applies if you use, consent, enable, or determine the implementation of 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 on the instruction of any person or entity and that can be performed on behalf of or through the person's device, without direct supervision.

14.2 No Agent may access, use, or interact with the Services other than, at all times, identify and operate in strict compliance with the requirements of 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 accessing, using or interacting with any service.

14.3 We may establish limits, including through technical measures, on the manner and conditions under which an Agent may access, use and interact with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request comes from an Agent and state the name of the Agent by including the following in the request's user-agent string: “Agent/[agent name]”; (ii) not hide or obscure the fact that any access, use, or interaction comes from an Agent, for example (a) imitating human behavior and interaction patterns, or (b) by completing or evading CAPTCHA or measures intended to distinguish the use by a computer from a human one; (iii) truthfully answer to any question or prompt to determine whether the interactions come from A human being or from a computer; (iv) not to 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 - RESOLUTION

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

Even in the event of any termination, the following sections will continue to apply: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Separability, Waiver; Entire Agreement, Assignment, Applicable Law, Privacy Policy and any other provision that by its nature should survive termination.

SECTION 16 - EXCLUSION OF GUARANTEES

The information submitted on or through the Services is made available for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance on such information is exclusively at your own risk. We disclaim all liability arising from any reliance on such materials by you or any other visitor to the Services or by anyone being informed of any of their content.

EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED IN WHICH THEY ARE AND AS AVAILABLE, FOR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A SPECIFIC PURPOSE, DURATION, OWNERSHIP AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR ASSURE THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE WARRANTY EXCLUSION MAY NOT APPLY

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST PERMITTED BY LAW, IN NO EVENT SHALL OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE HELD LIABLE FOR ANY DAMAGE, LOSS, CLAIM OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGE, WHETHER BASED ON CONTRACT, NON-CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), OBJECTIVE LIABILITY, OR OTHERWISE, ARISING FROM THE USE OF ANY SERVICE OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM OTHERWISE RELATED TO THE USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN REPORTED.

SECTION 18 - COMPENSATION

You agree to indemnify, defend and hold harmless Witchcraft & Wizardry, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorneys' fees, due to third parties or arising from (1) your breach of these Terms and Conditions of Service or the documents referred to herein by reference, (2) your violation of any law or rights of third parties, or (3) your access to and use of the Services.

We will inform you of any indemnifiable claim, it being understood that any lack of timely communication will not relieve you of your obligations, unless you suffer substantial damage. We may control the defense and resolution of such a claim at your expense, including the choice of attorney, but we will not resolve any complaint that imposes non-monetary obligations without your consent, which cannot be unreasonably denied. You will collaborate in the defense of indemnified claims, including by providing the relevant documentation.

SECTION 19 - SEPARABILITY

In the event that any provision of these Terms and Conditions of Service is held to be illegal, void or unenforceable, such provision will still be enforceable to the fullest extent permitted by applicable law and the unenforceable part will be deemed separate from these Terms and Conditions of Service; such provision will not affect the validity and enforceability of the other remaining provisions.

SECTION 20 - WAITER; ENTIRE AGREEMENT

Failure by us to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.

These Terms and Conditions of Service and any information or operating rules published by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, replacing any prior or simultaneous, oral or written agreement, communication and proposal between you and us (including, by way of example, any previous versions of the Terms and Conditions of Service).

Any ambiguities in the interpretation of these Terms and Conditions of Service will not be interpreted against the editor.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of the rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 22 - APPLICABLE LAW

These Terms and Conditions of Service and any separate agreements through which we provide the Services will be governed by and construed in accordance with the federal and state or territorial laws of the jurisdiction in which Witchcraft & Wizardry is based. You and Witchcraft & Wizardry consent to the territorial jurisdiction and personal jurisdiction of such courts.

SECTION 23 - HEADINGS

Titles used in this agreement are included solely for convenience and will not limit or otherwise affect these Terms and Conditions of Service.

SECTION 24 - CHANGES TO THE TERMS AND CONDITIONS OF THE SERVICE

You can consult the current version of the Terms and Conditions of Service at any time on this page.

We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms and Conditions of Service by posting updates and changes on our website. It is your responsibility to periodically consult our website to check for any 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 indicated in the notice. Your continued use of or access to the Services after posting any changes to these Terms and Conditions of Service constitutes acceptance of such changes.

SECTION 25 - CONTACT INFORMATION

Questions regarding the Terms and Conditions of Service should be sent to Info@witchcraftwizardry.com

Below is our contact information Info@witchcraftwizardry.com