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By using our website and placing an order, you agree to the terms and conditions below. These terms apply to all products and services offered via the website https://magicbly.com (hereinafter: "the Website"). We advise you to read these terms carefully before placing an order.
In these terms and conditions, the following terms are defined as follows:
The natural person who is not acting in the course of a profession or business and places an order on the Website and enters into an agreement with MagicBly LLC.
MagicBly LLC, 30 N Gould St Ste R, Sheridan, WY, 82801, United States is the operator of the Website and provider of the products and services.
The agreement concluded between the Buyer and the Seller after an order has been placed and this order has been accepted by the Seller.
All goods offered on the Website, including:
Both products are partly created using generative artificial intelligence (AI). The Buyer acknowledges that this may lead to variations and minor imperfections in illustrations and text, and that AI-generated illustrations are an artistic interpretation and may not be a photorealistic representation of uploaded photos.
These terms and conditions apply to every offer from the Seller and to every distance Agreement concluded between Buyer and Seller. Deviations from these terms are only valid if expressly agreed in writing.
All offers on the Website are non-binding, unless expressly stated otherwise. The Seller reserves the right to change prices and specifications. Obvious mistakes or errors in the offer do not bind the Seller.
The Agreement is concluded at the moment the Buyer accepts the offer and meets the conditions set thereby, including the successful completion of the ordering and payment process. The Buyer receives a confirmation of the order by email.
The Seller reserves the right to refuse an order without stating reasons, for example, in case of doubt about the accuracy of the data provided by the Buyer, if the provided photos or content conflict with our guidelines (see Article 10), or in case of technical problems.
All prices on the Website are final and inclusive of applicable U.S. taxes, if any. Shipping costs are stated separately during checkout..
The Seller reserves the right to change prices. Price changes do not affect orders already placed and confirmed.
Payment must be made via the payment methods offered on the Website. Payments are processed securely via our payment provider Stripe, which handles the secure processing of your payment details.
The order will only be processed after full payment has been received.
Delivery of Physical Books takes place at the address specified by the Buyer. The Seller is not responsible for incorrect address details provided by the Buyer. The production and delivery time is indicative (usually 3-10 working days after ordering the Physical Book) and may vary. Exceeding the delivery time does not entitle the Buyer to compensation.
Digital E-books are usually available for download via the Buyer's account page on the Website within a few hours after successful payment and completion of the creation process. The Buyer will be notified of this by email.
The risk of damage and/or loss of Physical Books rests with the Seller until the moment of delivery to the Buyer. The risk of loss of Digital E-books lies with the Buyer from the moment they are made available for download.
The Seller's Products (both Digital E-books and Physical Books) are manufactured according to the Buyer's specifications and are clearly personal in nature. For this reason, the statutory right of withdrawal is excluded (customers in the EU have a right of withdrawal for many products, but this is an exception for personalized goods).
An order for a Digital E-book cannot be canceled after the AI generation process has started, as costs have already been incurred and the product is created specifically for the Buyer.
An order for a Physical Book cannot be canceled after it has been taken into production by the printer.
Digital E-books cannot be returned and are not eligible for a refund. The low price of the Digital E-book allows the Buyer to assess the result before ordering a Physical Book.
Physical Books cannot be returned and are not eligible for a refund unless there is a clear production or delivery defect for which the Seller is responsible (e.g., damage during transport, serious printing errors not present in the approved digital proof).
The Buyer is solely responsible for carefully checking the Digital E-book (which serves as a proof) for any errors in text, names, personalization, and illustrations before ordering a Physical Book. Errors already present in the Digital E-book approved (implicitly or explicitly) by the Buyer do not constitute grounds for return or refund of the Physical Book.
In the event of a valid defect, the Buyer must notify the Seller within 14 days of receipt, providing a clear description and photographic evidence. After the Seller acknowledges the defect, they will, at their discretion, provide a replacement product at no cost. A refund will only be considered if a new delivery is not reasonably possible.
The Buyer acknowledges that the Products are created using generative AI. Although the Seller strives for the highest possible quality, AI can lead to unexpected or imperfect results in both text and illustrations. Minor deviations, stylistic choices of the AI, or illustrations not exactly matching uploaded photos are not considered defects.
The Buyer has the option to edit the generated Digital E-book within their account (adjust texts, have illustrations regenerated within the period the uploaded photos are available, see Privacy Policy). This editing option is the primary means of tailoring the content to the Buyer's wishes before ordering a Physical Book.
By uploading photos and providing personalization data, the Buyer guarantees that he/she has all necessary rights (including copyrights and portrait rights) to use these materials and have them processed in the Product. The Buyer indemnifies the Seller against all claims tredje parties concerning (alleged) infringement of their rights through the use of the materials provided by the Buyer.
The Buyer is responsible for the content he/she provides and guarantees that it is not unlawful, defamatory, obscene, hateful, or otherwise inappropriate, nor does it infringe on the rights of third parties or applicable law.
All intellectual property rights relating to the Website, the software thereon, texts, images (with the exception of materials uploaded by the Buyer), and the underlying AI models and algorithms, belong to the Seller or its licensors.
After full payment, the Buyer obtains a non-exclusive, non-transferable license to use the Product personalized for him/her (both Digital E-book and Physical Book) for personal, non-commercial purposes. The Buyer is not permitted to reproduce the Product (other than for their own backup of the Digital E-book), make it public, sell it, or otherwise commercially exploit it without the prior written consent of the Seller.
The Buyer may not upload photos or enter personalization data that: (a) is illegal, threatening, defamatory, obscene, pornographic, hateful, or incites violence; (b) infringes on intellectual property rights, privacy rights, or other rights of third parties; (c) contains viruses or other harmful software. The Seller reserves the right to cancel orders that do not comply with these guidelines and to remove the relevant content.
The Seller's liability is limited to direct damage and at most to the amount of the purchase price of the Product to which the liability relates. The Seller is never liable for indirect damage, including consequential damage, lost profit, or intangible damage.
The Seller is not liable for (minor) deviations in color, quality, or execution of the Products, nor for dissatisfaction with the artistic interpretation by the AI, provided the Product largely corresponds to the personalization input and choices provided by the Buyer.
These limitations of liability do not apply if the damage is due to intent or gross negligence on the part of the Seller.
The Seller processes the Buyer's personal data in accordance with applicable privacy legislation. Please consult our Privacy Policy for detailed information on how we process and protect your data.
The Seller is not obliged to fulfill any obligation towards the Buyer if prevented from doing so as a result of a circumstance that is not due to its fault, and which neither by law, a legal act, nor generally accepted views comes for its account (force majeure).
The Seller reserves the right to change these terms and conditions at any time. The most current version of the terms and conditions can be found on the Website. For ongoing Agreements, the terms that were in force at the time of the conclusion of the Agreement will continue to apply.
All Agreements and these terms and conditions are exclusively governed by the laws of the State of Wyoming, USA. Disputes shall be submitted to the competent courts in Wyoming, unless mandatory legal provisions prescribe otherwise.
For questions or comments about these terms and conditions, you can contact us by email: info@magicbly.com, or via our contact page.
These terms and conditions were last updated on Sept 15, 2025.