Terms of service
Welcome to Ethan the Magic Ball (“Ethan the Magic Ball”, “we”, “us”, “our”). We operate this website and store, including all related information, content, features, tools, products and services, to provide you with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced here (including our Privacy Policy), describe your rights and responsibilities when using the Services. By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Services.
1. Access and Account
By using the Services, you represent that you are at least the age of majority in your state or territory of residence, and you consent to allow any of your minor dependants to use the Services on devices you own or manage.
You may be asked to provide information (e.g. email address, billing, payment and shipping information). You warrant that all information you provide is accurate, current, and complete and that you have the right to provide it.
You are responsible for safeguarding your account credentials and for all activity under your account. You must not transfer or assign your account to another person.
2. Our Products
We aim to display our products accurately. However, colours and appearance may vary due to your device and settings.
We do not warrant that any product’s appearance, quality, or performance will meet your expectations or perfectly match on-screen depictions.
Product descriptions and availability may change without notice. We may discontinue products or limit quantities to any person, region, or jurisdiction at our discretion.
3. Orders
When you place an order, you offer to purchase the products in your cart. We may accept or decline your order at our discretion. Your order is accepted only when we confirm acceptance and process your payment. Please review your order carefully before submitting; cancellations may not be possible after acceptance. If we cannot accept or need to change or cancel an order, we will attempt to notify you using the contact details you provided.
Your purchases are subject to our Returns Policy.
You warrant that your purchases are for personal or household use and not for commercial resale or export.
4. Prices and Billing
Prices, discounts and promotions may change without notice. The price charged will be the price in effect at the time of order and shown in your confirmation email. Unless stated otherwise, prices exclude taxes, shipping, handling, customs and import charges.
Prices in our online store may differ from prices offered elsewhere. Promotions may be subject to separate terms; where there is a conflict, the promotion terms apply.
You agree to provide current, complete and accurate purchase and account information, and to promptly update details (including email address and card expiry dates). You represent that you are authorised to use any payment method provided and agree to pay all amounts due, including applicable taxes, shipping and handling.
5. Shipping and Delivery
Delivery times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control. Risk of loss passes to you upon delivery to your nominated address. Title passes upon our receipt of full payment.
6. Intellectual Property
All content and materials in the Services (including trademarks, logos, text, images, audio, video, design and arrangement) are owned by us or our licensors and are protected by applicable intellectual property laws.
You may use the Services for personal, non-commercial purposes only. You must not copy, distribute, modify, create derivative works, publicly display or perform, republish, download, store or transmit any material from the Services without our prior written consent.
“Ethan the Magic Ball” names and logos are our trademarks. Shopify’s names and logos are trademarks of Shopify. Other names and logos remain the property of their respective owners.
7. Optional Tools
We may provide access to tools or features offered by third parties. These are provided “as is” and “as available” without warranties of any kind, and we are not liable for your use of them. Use is at your own discretion and subject to the third party’s terms.
8. Third-Party Links
The Services may contain links to third-party websites or materials. We do not control or endorse third-party content and are not responsible for it. Accessing third-party sites is at your own risk. Please review their policies before transacting. Any complaints or queries about third-party products or services should be directed to the third party.
9. Relationship with Shopify
Our store is powered by Shopify. All sales are made directly between you and Ethan the Magic Ball. Shopify is not responsible for any aspect of your purchases or for any injury, damage or loss resulting from products or services you purchase from us. You expressly release Shopify and its affiliates from claims arising from your transactions with us.
10. Privacy
Personal information we collect is handled in accordance with our Privacy Policy. Because our store is hosted by Shopify, certain personal information is also processed by Shopify in accordance with its privacy policy. Information submitted via the Services may be transferred to and processed in countries outside your residence to provide the Services. See our Privacy Policy for details.
11. Feedback and Reviews
If you submit reviews, ideas, suggestions or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish and display that Feedback for any purpose. You warrant you own or have rights to the Feedback, have disclosed any incentives, and that your Feedback complies with these Terms. We may monitor, edit or remove Feedback that we consider unlawful, offensive, defamatory, infringing or otherwise inappropriate. You must not mislead others about the origin of Feedback or include malware or harmful code.
12. Errors and Omissions
From time to time, information in the Services may contain typographical errors or inaccuracies (e.g. descriptions, pricing, promotions, shipping charges, transit times or availability). We may correct errors, update information, or cancel orders where information is inaccurate, at any time and without prior notice (including after you submit an order).
13. Prohibited Uses
You must use the Services lawfully and must not: violate any laws; infringe intellectual property or privacy rights; harass, defame or abuse others; mislead or impersonate; upload malicious code; send spam; scrape or crawl; or interfere with security or operation of the Services. We may suspend or terminate access if you breach these Terms.
14. Termination
We may suspend or terminate the Services (in whole or part) at any time in our discretion. You remain liable for amounts due up to the date of termination. Sections intended to survive termination will continue to apply.
15. Australian Consumer Law (ACL)
Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be excluded, restricted or modified by agreement. Where we are permitted to limit a remedy for a breach of a consumer guarantee, we do so to the repair or replacement of the goods, or the supply of equivalent goods, or the payment of the cost of doing so.
16. Disclaimer of Warranties
Except as required by the ACL or otherwise by law, the Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied (including merchantability, fitness for a particular purpose, durability, title and non-infringement). We do not warrant that the Services will be uninterrupted, timely, secure or error-free.
17. Limitation of Liability
To the fullest extent permitted by law and subject to the ACL, we (and our officers, employees, agents, contractors, service providers and licensors) will not be liable for any indirect or consequential loss, loss of profits, revenue, savings, data, goodwill or opportunity arising from or in connection with the Services or products, even if advised of the possibility of such loss. Where liability cannot be excluded, it is limited to the extent permitted by law.
18. Indemnification
You agree to indemnify and hold harmless Ethan the Magic Ball and our related parties from claims, losses, liabilities, damages and expenses (including reasonable legal fees) arising out of your breach of these Terms, your violation of law or the rights of a third party, or your use of the Services.
19. Severability
If any provision of these Terms is held unlawful or unenforceable, that provision will be enforced to the maximum extent permitted and the remainder will continue in full force.
20. Waiver and Entire Agreement
Our failure to enforce any right or provision is not a waiver. These Terms, together with policies posted on the site, constitute the entire agreement between you and us regarding the Services and supersede prior agreements.
21. Assignment
You may not assign, transfer or delegate these Terms without our prior written consent. We may assign, transfer or delegate our rights and obligations without notice.
22. Governing Law
These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
23. Changes to Terms
You can review the most current version of these Terms on this page. We may update these Terms from time to time. Where required by law, we will notify you of material changes. Your continued use of the Services after changes take effect constitutes acceptance.
24. Contact
Questions about these Terms can be sent to ethanmagicball@gmail.com.
Returns should be sent to: PO Box 3359, Rhodes, NSW, Australia, 2138 (please contact us before sending any return).