TERMS AND CONDITIONS

Thank you for visiting the MAGIC HAUS website (the “Site”) of TLC Limited (“MAGIC HAUS”). Access to and use of the Site and related services (collectively, the “Services”) are made available to you in accordance with and subject to the following Terms of Use & Service and any other rules posted on the Site (collectively, the “Terms of Service” or “TOS”). By using the Services, such as placing orders on the Site, you agree to be bound by and accept all of the Terms of Service.

 

TLC LIMITED is a company registered under the laws of the Hong Kong Special Administrative Region of The People’s Republic of China (“Hong Kong SAR”). MAGIC HAUS is managed and distributed by TLC LIMITED.

 

MAGIC HAUS reserves the right to make changes to the Site, related policies,  agreements and statements, the Privacy Policy Statement provided below (the “Privacy Policy”) and this TOS at any time. You are advised to check the Site from time to time to check the update or changes to the said policies, agreements and statements, the Privacy Policy and the TOS.

 

1. REGISTRATION

You will need to register an account to use some of the Services available to you on the Site. In registering an account you agree to provide information about yourself that is true, accurate, current, and complete in all respects. Please refer to our Privacy Policy for more information on how we use your personal data. If you are under the age of 18, you must obtain the written consent from your parents or guardian of your use of the Site or register with the Site and to let them know about MAGIC HAUS Privacy Policy before you use or register to use the Site and the Services and MAGIC HAUS would require you to provide the written consent of your parents or guardian for using and/or registering with the Site and confirming their consent to our collection of your personal data. MAGIC HAUS reserves the right to only accept orders from you if you are aged 18 or over. MAGIC HAUS strongly advises you to read the Privacy Policy in full.

 

In using the Site, you agree to accept responsibility for all activities conducted through your account. You are responsible for keeping your account and password secure. If you feel or suspect that the security of your account has been compromised or if there is unauthorized or unlawful use of your account, please contact us immediately.

 

2. PROHIBITIONS AND FAILURE TO COMPLY

We reserve the right (but without the obligation and any liability) to take actions against your account for activities including, but not limited to:

                         a) Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services or the Site in any way;

                         b) Initiating, sending, posting or transmitting communications or information that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material;

                         c) Advertising or sending unsolicited messages of any kind; or

                         d) Impersonating others or providing any kind of false information. MAGIC HAUS reserves the right to terminate any account at its sole discretion with or without notifying you. We may send you an e-mail to inform you of the termination of your account in such event.

 

3. INTELLECTUAL PROPERTY

All software and Content (which is defined as, or including but not limited to, any text, audio or music, video, graphics, photographs and/or image) contained in the Site are the intellectual property of MAGIC HAUS and are protected by intellectual property and copyright laws and international treaty provisions. The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorized by MAGIC HAUS and/or its third party licensors in writing. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior written consent or authorization of MAGIC HAUS. Any such unauthorized actions may result in civil consequences or criminal penalties.

 

MAGIC HAUS reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable or access is denied or suspended at any time and for any period.

 

4. THIRD PARTY LINKS

The Site may include links to other websites or resources that are not operated or prepared by MAGIC HAUS. We have no control over such websites and resources and we will not accept any responsibility for them or their contents in any ways whatsoever or be liable for any loss or damage caused or suffered or alleged to be caused or suffered by or in connection with your use of them.

 

MAGIC HAUS is not responsible for the content or accuracy of any off-Site pages, which include but is not limited to advertisers of the Site. Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of such websites.

 

5. ELIGIBILITY TO PURCHASE

In order to place orders with us, you must meet our conditions of eligibility:

                         a) Be aged 18 years of age or over;

                         b) Be in possession of a valid credit/debit card issued by a licensed bank acceptable to MAGIC HAUS for payment or be in possession of a valid PayPal account; and

                         c) Providing personal and payment details that are warranted by you to be both valid and accurate (e-mail address, real name as provided in your valid credit/debit card and/or valid passport and/or identity card, phone number, billing information and other requested information as indicated on the Site).

 

In placing an order with us, you authorize MAGIC HAUS to process a charge or charges on your credit/debit card or PayPal account in the amount of the total purchase price of your order, including any shipping or delivery costs. You also expressly authorize us to use personal information provided by you to perform appropriate anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.

 

All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.

 

The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.

 

6. PRODUCT DESCRIPTION

MAGIC HAUS will endeavor to ensure that the Content and the product descriptions on the Site to be accurate and complete. We, however, do not warrant that Content and product descriptions are accurate, complete, current or error-free. Please read all information, warranties, disclaimer or warnings provided on or in the product packaging and labels before using any product purchased on the Site.  Please refer to our returns policy if you feel a product offered by MAGIC HAUS is not as described.

 

7. PRICING

Prices are shown on the Site in Hong Kong Dollars (HKD). Prices displayed on the Site at the time your order is accepted will be honored except in the case of obvious error. Whilst we use our best endeavors to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you or you do not choose any of the above options within the prescribed time limit, we will treat the order as cancelled.

 

If your credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

 

8. PAYMENT

We accept payments made by Visa, MasterCard and PayPal.

 

By placing an order using one of the above credit/debit card(s) and online payment methods, you confirm that the credit/debit card(s) or PayPal account used is yours (i.e. you have duly registered with the credit/debit card(s) issuing bank or with PayPal) or that you have been authorized by the owner to use it. If your card issuer or PayPal refuses to authorize payment to MAGIC HAUS, we will not be liable for any delay or non-delivery.

 

Our payment processes meet the stringent international security standards set down by the payment card industry to make your shopping experience safe and secure. If you have registered an account on the Site and have decided to save your credit/debit card(s) or PayPal details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of gross negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorized or unlawful access to any data you provide when using our Services.

 

9. ACCEPTANCE OF YOUR ORDER

Once you have entered your personal and payment details and placed your order, we shall send you an e-mail acknowledging the receipt of your order. This e-mail is only a confirmation of receipt of your order and does not constitute an acceptance of your order. Your order will be accepted and the contract between you and MAGIC HAUS will be completed when we send you an e-mail to confirm the products have been dispatched to you and that your payment has been authorized or made. You should read all information, warranties, disclaimer or warnings provided on or in the products’ packaging and labels before using any products purchased on Site. If you are unsatisfied with the products, you may refer to paragraph 11 below for our Return policy.  MAGIC HAUS shall not be liable for the accuracy, fitness for a particular purpose or quality of such products or reliability of any information provided by any manufacturer, owner or wholesaler of such products and it is your responsibility to read and assess such information relating to your order.  Only the products listed in the confirmation e-mail sent at the time of dispatch are included in the contract formed. All sales contracts are therefore concluded in Hong Kong SAR and are written in English. If any Chinese version of the contract is provided, it is for reference only and in the case of any inconsistency between the English version and the Chinese version, the English version shall prevail.

 

MAGIC HAUS reserves its right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, one of the following:

                         a) The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items.

                         b) We identify a pricing or product description error.

                         c) We are unable to obtain authorization for payment.

                         d) You do not meet the eligibility criteria to purchase as set out in this TOS.

 

Our Customer Service team will contact you as soon as possible if there are any problems with your order.

 

10. SHIPPING AND COLLECTIONS

Usually you would receive within 3-5 days (for Hong Kong orders) and approximately 5-14 days (for overseas orders) (subject to custom’s clearance at the relevant jurisdictions)  when you place your order online. MAGIC HAUS’s teams will try their best to meet these estimates but cannot guarantee that such estimates must be met, particularly for overseas orders which will be subject to clearance process by customs of the relevant jurisdictions.

 

MAGIC HAUS insures each order through transit up until it is delivered to you or is collected. You need to sign a confirmation of receipt of the products when the products are collected and by doing so; you accept the full responsibility for the products ordered from that moment on. If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept the  signatory’s signature as an evidence of delivery and fulfillment of your order by MAGIC HAUS. You also accept the associated transfer of responsibility in the same way. MAGIC HAUS provides free shipping on all orders above HK$800 (after discounts and vouchers have been applied). Orders under HK$800 will be subjected to a shipping fee of HK$100 (for Hong Kong orders) (for overseas orders, please contact to our customer service for shipment charges, fees will be varied subject to the size and weight for the order(s) and its packaging).  For overseas orders, MAGIC HAUS will enter into agreement with carrier or courier companies for shipping and delivering your orders and you agree to be bound by the terms and conditions (to the extent applicable) of such shipping and delivery terms and conditions when you place your order (please refer to the order form for details).  You should be responsible for payment of all customs, tax and duties of your own jurisdictions for your order.   MAGIC HAUS reserves the right to update its shipping policy at its sole discretion without prior notice after all discounts and vouchers have been applied.

 

11. RETURNS

In order to provide you with the best possible online shopping experience, MAGIC HAUS maintains a 14-day no questions asked return policy. If for any reason you are not 100% satisfied with your purchase, you can return your order for a full refund or exchange.

                         (a) You can return your order for up to 14 days from the date of our delivery of your order.

                         (b) Products must be in original condition, with all tags attached, and must be returned in the original undamaged box and/or packaging

                         Please note that we will not be able to provide a refund on any shipping or delivering fees charged and any customs, tax and duties already paid by you for the original order and you should bear the costs of shipping or delivery and any customs, tax and duties required to be paid by us for all returned products.

                        

 

12. YOUR RIGHTS

Nothing in the TOS is intended to affect your rights under the Law in Hong Kong SAR.  It is advisable that you seek independent legal advice if you are in doubt of any TOS or any information contained on the Site.

 

13. LIABILITY

Views expressed in any media by the designers, companies or third parties, whose products are sold on the Site or with whom we are associated, are their own. MAGIC HAUStakes no responsibility for any such views as they do not necessarily reflect ours.

 

MAGIC HAUS does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure that they have up-to-date software, including anti-virus, installed.

 

Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, MAGIC HAUS will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this TOS.

 

14. INDEMNITIES AND WAIVER

By using the Site, you agree to indemnify us fully and hold us, MAGIC HAUS(including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, costs, expenses, damages and losses, including legal fees, arising from any breach of the TOS or any activity initiated or carried out by you in connection with your use of the Site. This includes the use of the Site by any other persons using your account caused by your action or inaction.

 

You further agree that MAGIC HAUS shall not be held liable whatsoever for your use of the Site and you agree to waive all claims that you may have against us for any loss or damages you may sustain or suffer in connection with your use of the Site.  If you breach the TOS or initiate or carry out any activity which may result or has resulted in any damage, losses, claims or liabilities on us and we take no action against you, it does not constitute a wavier on us to exercise our rights and remedies against you in such instance or in any other situation where you are in breach of the TOS or initiate or carry out any activity which may result or has resulted in any damage, losses, claims or liabilities on us.

 

In the event that paragraphs 13 and/or 14 of this TOS is/are unenforceable or in any other case, the total liability of MAGIC HAUS, if any, for losses or damages shall not exceed the price you paid for the particular order or product upon which liability is based. 

 

15. COMPLAINTS

We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise. Please contact our Customer Care team for any order related complaints or comments.

 

MAGIC HAUS respects the intellectual property of others. If you have reason to believe your work may have been used in the Site without your permission, please contact us following this complaints handling procedure.

 

16. GOVERNING LAW AND JURISDICTION

The TOS, together with all our policies and procedures, are governed by and construed in accordance with the laws of Hong Kong SAR. You hereby agree to submit to the exclusive jurisdiction of the courts of Hong Kong SAR in the event of any dispute or claim associated with or arising from these TOS and/or your order.

 

17. CONFLICT TO THE TERMS AND CONDITION CAUSED BY LANGUAGE

The TOS is provided in both English and Chinese versions. The Chinese version of TOS and any policy and procedures provided on the Site is for your easy reference only. In the case of any inconsistency between the English version and the Chinese version of the Site and any policy and procedures, the English version shall prevail.