TERMS OF SERVICE

OVERVIEW

Welcome to Magis Art! The terms “we”, “us” and “our” in all grammatical forms refer to Magis Art. Magis Art s.r.o. operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the “Services”). Magis Art uses Shopify, which enables us to provide these Services.

The following terms and conditions, together with all policies referred to herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers of warranties 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 our Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you have reached the age of majority in your state or province of residence and that you have given consent for any minors under your care to use the Services on devices that you own, purchase or manage.

To use the Services, including accessing or browsing our online store or making a purchase, you may be required to provide certain information, such as your email address, billing information, payment details and shipping information. You represent and warrant that all information you provide in our store is accurate, 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 login credentials and for all activities carried out through 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 ensure that our products and services are accurately represented in our online store. However, please note that the colours and appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the store and your device settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to those displayed or presented in our online store.

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

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Magis Art Shop reserves the right to accept or reject your order for any reason at our sole discretion. Your order will not be accepted until Magis Art Shop confirms its acceptance. We must receive and process your payment before accepting your order.

Please review your order carefully before submitting it, as Magis Art Shop may not be able to accommodate cancellation requests once an order has been accepted.

If we do not accept, modify or cancel your order, we will attempt to notify you by contacting you using the email address, billing address and/or telephone number provided when placing your order.

Your purchases may be returned or exchanged exclusively in accordance with our Return Policy.

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

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotional offers are subject to change without prior 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 your order confirmation email.

Unless expressly stated otherwise, displayed prices do not include taxes, shipping, packaging, customs duties or import charges.

Prices displayed in our online store may differ from prices offered in our physical stores or in online or other stores operated by third parties.

From time to time, we may offer promotional campaigns on the Services that may affect pricing and are governed by separate terms and conditions. In the event of any conflict between the promotional terms and these Terms, the promotional terms shall prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store. 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 when necessary.

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

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 processing or events beyond our control.

Once the products have been handed over to the carrier, ownership and the risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, video and audio, as well as their design, selection and arrangement, are the property of Magis Art Shop, its affiliates or licensors and are protected by United States and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

Without our prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services.

Except as expressly stated herein, nothing in these Terms grants or shall be interpreted as granting you any licence or other rights under any patent, trademark, copyright or other intellectual property rights of Magis Art Shop, Shopify or any third party.

Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Magis Art Shop.

The names, logos, product and service names, designs and slogans of Magis Art Shop are trademarks of Magis Art Shop or its affiliates or licensors. You may not use such trademarks without prior written permission.

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 appearing 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 over which we have no monitoring, control or influence.

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 accept no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you have read and agreed to the terms and conditions under which the relevant third parties provide such tools.

In the future, we may also 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 Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features.

We are not responsible for examining or evaluating the content or accuracy of materials or third-party websites that you choose to access.

If you decide to leave the Services and access such third-party materials or websites, you do so at your own risk.

We are not liable for any damages or losses related to your access to third-party websites or your purchase or use of any products, services, resources or content available on third-party websites.

Please carefully review the third party's policies and procedures before entering into any transaction and make sure you understand them.

Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Magis Art Shop uses the Shopify platform, which enables us to provide you with the Services.

However, any sales and purchases you make in our store are made directly with the Merchant.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transaction between you and the Merchant, including any personal injury, damage or loss arising from the products and services purchased.

You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with the Merchant.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can view via the relevant link. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here.

By using the Services, you acknowledge that you have read these Privacy Policies.

Since the Services are operated by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.

Information you submit through the Services will be transferred to and shared with Shopify, as well as with third parties who may be located in countries other than your country of residence, in order to provide the Services to you.

Please read our Privacy Policy for further details about how we, Shopify and our partners use your personal information.

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 purposes.

For example, we may use the rights granted under this licence to operate, provide, evaluate, improve, enhance and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service.

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 submitting the Feedback; and (iii) your Feedback complies with these Terms.

We are not and will not be obligated to (1) maintain the confidentiality of your Feedback; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or to violate any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, 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, nor any computer virus or other malicious software that could in any way affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for any Feedback you provide and its accuracy. We accept no responsibility or liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, shipping 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 and without prior notice, including after an order has been submitted.

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 or state regulations, rules, laws or local ordinances;

(c) to infringe our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person;

(e) to transmit false or misleading information;

(f) to submit, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms;

(g) to transmit or facilitate the sending of any advertising or promotional material, including any “junk mail”, “chain letters”, “spam” or any other similar solicitation;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in any other conduct that restricts or prevents any person from using or enjoying the Services, or that, in our opinion, may harm the Merchant, 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 that may be used in any way that affects the functionality or operation of the Services;

(b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services;

(c) collect or track the personal information of others;

(d) send spam, phishing messages, pharming attacks or otherwise engage in fraudulent activity;

(e) use any robots, spiders, scraping tools, data collection or extraction tools, automated devices or processes, artificial intelligence tools (such as agentic AI), or automated or manual means to access the Services; or

(f) interfere with, bypass or circumvent any security or verification features, robot exclusion headers or other measures that we use to restrict access to the Services.

We reserve the right to suspend, deactivate or terminate your account at any time without prior 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, authorise, enable or cause an Agent to be deployed to access, use or interact with any of the Services.

“Agent” means any software or service that performs autonomous or semi-autonomous activity on behalf of or at the direction of any person or entity and that can operate on behalf of or using that person's device without direct supervision.

14.2 No Agent may access, use or integrate with the Services unless it identifies itself on every occasion and acts in strict compliance with the requirements set out in Section 14.4 below.

Furthermore, no Agent may access, use or integrate with the Services if we have requested that it 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 or integrates with the Services.

14.4 Agents must:

(i) identify themselves in all HTTP/HTTPS requests as originating from an Agent and disclose the Agent's name by including the following text in the request's user-agent string: “Agent/[agent name]”;

(ii) not conceal or obscure that any access, use or interaction originates from an Agent, for example by (a) imitating human behaviour and interaction patterns or (b) completing or bypassing CAPTCHA or measures designed to distinguish computer use from human use;

(iii) truthfully answer any question or challenge intended to determine whether interactions originate from a human or a computer; and

(iv) not bypass or otherwise evade any measure designed to block, restrict, modify or control whether and how Agents access, use or integrate with the Services.

SECTION 15 – TERMINATION

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

The following sections shall remain in effect after 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 within or through the Services is made available solely for general informational purposes. We make no warranty as to the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may have been 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, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR 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 EXCLUSION MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST 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 ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, 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 ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, 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 Magis Art, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party arising out of or resulting from (1) your breach of these Terms of Service or the documents incorporated by reference into them, (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 indemnification claim, provided that any failure to notify you promptly shall not relieve you of your obligations unless you suffer material prejudice as a result. We may manage the defence and settlement of such a claim at your expense, including the selection of legal counsel, but we will not settle any claim that requires you to undertake non-monetary obligations without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defence of indemnification claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void 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 Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining 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 such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 21 – ASSIGNMENT

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

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with the Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Magis Art s.r.o. has its registered office. You and Magis Art agree to the venue and personal jurisdiction of such courts.

SECTION 23 – HEADINGS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 shall take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at magis.art.gallery@gmail.com.

Our contact information is set out below:

Magis Art s.r.o.
shop@magis.sk
Pribylinská 4, 831 04 Bratislava, Slovakia
+421 902 642 505
Company ID (IČO): 46226443
Tax ID (DIČ): SK2023292601

Magis Art s.r.o. is not a VAT payer.