OVERVIEW

This website is operated by BE LLC, doing business as MAGICSTYLER ("we," "us," or "our"). By accessing or using our website at https://magicstyler.co (the "Site") or purchasing our products or services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"), including all policies referenced herein or available via hyperlink, such as our Privacy Policy and Refund Policy. These Terms apply to all users, including browsers, customers, vendors, and contributors of content.

If you do not agree to these Terms, you may not access the Site or use the Service. We reserve the right to update these Terms at our discretion by posting changes on this page. Your continued use of the Site or Service after such changes constitutes acceptance of the updated Terms. It is your responsibility to review this page periodically.

Our store is hosted on Shopify Inc., which provides the e-commerce platform for our products and services.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given us consent to allow your minor dependents to use the Site. You may not use our products for any illegal or unauthorized purpose or violate any laws in your jurisdiction, including copyright or trademark laws. You must not transmit viruses, worms, or any destructive code. Any breach of these Terms will result in immediate termination of your access to the Service.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. Your content (excluding payment information) may be transferred unencrypted over networks and adapted to technical requirements. Payment information is encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service without our express written permission. Headings in these Terms are for convenience and do not affect interpretation.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

Information on the Site is provided for general purposes and may not be accurate, complete, or current. You should not rely solely on this information without consulting primary sources. Any reliance is at your own risk. We may modify Site content at any time without notice, and you are responsible for monitoring changes. Historical information is provided for reference only and may not be current.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices and product descriptions are subject to change without notice. We may modify or discontinue the Service or any part thereof without notice. We are not liable for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Products are available exclusively online and subject to our Refund Policy. We strive to display product colors and images accurately but cannot guarantee your device’s display accuracy. We may limit sales to any person, region, or jurisdiction and restrict quantities at our discretion. All product descriptions and prices are subject to change without notice. Offers are void where prohibited. We do not warrant that products or services will meet your expectations or that errors will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may refuse, limit, or cancel orders at our discretion, including those from dealers or resellers. We may notify you of order changes via the provided contact information. You agree to provide accurate, current, and complete purchase and account information and to update it promptly as needed.

SECTION 7 - OPTIONAL TOOLS AND THIRD-PARTY LINKS

We may provide access to third-party tools or links "as is" without warranties or liability. Your use of such tools or third-party websites is at your own risk, and you should review their terms and policies. We are not responsible for third-party content, products, or services or any harm arising from their use.

SECTION 8 - USER COMMENTS, FEEDBACK, AND SUBMISSIONS

Submissions you send us (e.g., feedback, contest entries) may be used, edited, or published by us without restriction or compensation. We may monitor or remove content we deem unlawful or objectionable. Your submissions must not violate third-party rights (e.g., copyright, trademark, privacy) or contain unlawful or malicious material. You are responsible for the accuracy of your submissions, and we assume no liability for them.

SECTION 9 - PERSONAL INFORMATION

Your personal information is governed by our Privacy Policy. We use industry-standard encryption and security measures to protect your data but are not liable for breaches caused by third-party platforms unless due to our negligence.

SECTION 10 - ERRORS, INACCURACIES, AND OMISSIONS

The Site may contain errors or inaccuracies in product descriptions, pricing, or availability. We may correct such errors, update information, or cancel orders without prior notice, even after order submission, without liability, except as required by law.

SECTION 11 - PROHIBITED USES

You are prohibited from using the Site or Service for: (a) unlawful purposes; (b) soliciting unlawful acts; (c) violating laws or regulations; (d) infringing our or others’ intellectual property; (e) harassing or discriminating; (f) submitting false information; (g) transmitting malicious code; (h) collecting others’ personal information; (i) spamming or phishing; (j) obscene purposes; or (k) interfering with security features. Violation may result in termination of your access.

SECTION 12 - MARKETING AND INTELLECTUAL PROPERTY

Our marketing materials are for informational purposes and do not imply endorsement by or affiliation with third-party brands. Comparisons to other products are based on objective testing, and we do not infringe upon third-party intellectual property rights. You acknowledge that our products are independently designed and not copies of other brands. Any claims regarding product performance are subject to our testing data, available upon request.

SECTION 13 - CONSUMER PROTECTION COMPLIANCE

We comply with applicable federal and Texas consumer protection laws, including the Texas Deceptive Trade Practices Act and FTC regulations. Our Refund Policy and delivery timelines meet these standards. If delivery is delayed beyond 30 days, you may request a refund per FTC Mail Order Rule.

SECTION 14 - FORCE MAJEURE

We are not liable for delays or failure to perform due to causes beyond our reasonable control, including natural disasters, pandemics, supply chain disruptions, governmental actions, or third-party service failures.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Service and products are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted, secure, or error-free Service. To the maximum extent permitted by Texas law, our total liability for any claim arising from the Service or products shall not exceed the amount you paid for the product in question. We are not liable for any indirect, incidental, punitive, or consequential damages, including lost profits or data, even if advised of their possibility. Some jurisdictions may not allow certain limitations, so our liability is limited to the fullest extent permitted by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MAGICSTYLER, our affiliates, officers, directors, agents, and suppliers from any claim, including reasonable attorneys’ fees, arising from your breach of these Terms, violation of law, or infringement of third-party rights.

SECTION 17 - DISPUTE RESOLUTION AND ARBITRATION

All disputes arising from or related to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in Austin, Texas, under its Commercial Arbitration Rules. Arbitration shall be conducted by a single arbitrator, and the decision shall be final and binding. You waive the right to participate in any class action, consolidated action, or representative action against MAGICSTYLER. Each party shall bear its own costs, except as otherwise provided by AAA rules. Any claim must be filed within one year of the event giving rise to it, or it is barred. If arbitration is unenforceable, disputes shall be resolved in the state or federal courts of Travis County, Texas.

SECTION 18 - SEVERABILITY

If any provision of these Terms is unlawful or unenforceable, it shall be enforced to the fullest extent permitted by law, and the remaining provisions shall remain valid.

SECTION 19 - TERMINATION

These Terms are effective until terminated by you or us. You may terminate by ceasing use of the Service. We may terminate your access for any breach of these Terms without notice, and you remain liable for amounts due up to the termination date. Obligations incurred prior to termination survive.

SECTION 20 - ENTIRE AGREEMENT

These Terms, along with referenced policies, constitute the entire agreement between you and us, superseding all prior agreements. Our failure to enforce any provision does not waive it. Ambiguities shall not be construed against the drafting party.

SECTION 21 - GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Travis County, Texas.

SECTION 22 - CONTACT INFORMATION

BE LLC
9900 Spectrum Dr
Austin, Texas 78717
Email: contact@magicstyler.co