Terms of Service

Last updated: July 7, 2026

These Terms of Service ("Terms") govern your access to and use of the website located at magnetka.com.au operated by Magnetka ("we", "us", or "our"), and the purchase of any custom or premade products sold through it (the "Site"). By accessing the Site or placing an order, you agree to be bound by these Terms.

Eligibility

You must be at least 18 years old, or the age of majority in your state or territory of residence, to place an order on our Site.

Custom & Personalized Products

Many items sold on the Site are custom-made to order using personal photos and personalization text supplied by you. Because each custom item is produced individually:

• Minor variations in print color, alignment, cropping, sheen, or finish are inherent to custom photo printing and handmade production, and do not by themselves indicate a defective product.
• Once production begins, an order cannot be modified or canceled.
• All sales of personalized items are final, subject to our guarantees under the Australian Consumer Law and the remake/damage-resolution terms set out in our Returns & Refunds Policy.

User-Submitted Content — Your Photos & Text

When you upload photos via our personalization tool (NINEMAGS) or submit text (collectively "User Content"), you represent and warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your User Content strictly for the purpose of producing and fulfilling your order.
• The User Content does not infringe any copyright, trademark, right of publicity, right of privacy, or any other proprietary right of any third party (including, without limitation, professional photography, logos, or images owned by entertainment, media, or sporting organizations).
• The User Content is not obscene, defamatory, hateful, harassing, or otherwise unlawful under Australian law.

We reserve the right, but have no obligation, to refuse to process or produce any order whose User Content we reasonably believe violates these Terms or applicable laws.

Indemnification

You agree to defend, indemnify, and hold harmless Magnetka and its owners, employees, contractors, and agents from and against any claim, demand, loss, damage, liability, cost, or expense (including reasonable legal costs and solicitor fees) arising out of or related to: (a) your User Content; (b) any claim of copyright, trademark, or privacy infringement based on the photos you submitted; (c) your breach of these Terms; or (d) your violation of any law or the rights of a third party.

Orders & Contract Formation

Your submitted order constitutes an offer to buy. We reserve the right to accept, decline, or limit any order at our sole discretion, including in cases of suspected fraud, pricing errors, or issues with uploaded image quality. A binding legal contract is formed only when we send you an official order confirmation email.

Pricing & Payment

All prices on the Site are listed in Australian Dollars (AUD) unless otherwise stated. Accepted payment methods are displayed at checkout. Because Magnetka is currently not registered for GST, no Goods and Services Tax is added to our prices.

Shipping & Delivery

Delivery is subject to our Shipping Policy. Estimated delivery times provided by carriers (such as Australia Post or courier services) are guidelines and are not guaranteed by us, particularly for made-to-order products that require an additional production window.

Intellectual Property — Site Content

All content on the Site (excluding your User Content) — including our logo, website design, copy, product imagery, and software graphics — is owned by or licensed to Magnetka and is protected by Australian and international copyright and trademark laws. You may not reproduce, modify, distribute, or publicly display any of our Site content without our prior written permission.

Relationship with Shopify

Our online store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you. Your interaction with the Site is also subject to Shopify's Terms of Service. Nothing in these Terms transfers responsibility for the platform infrastructure itself to Magnetka.

Disclaimer of Warranties & Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy implied or imposed by the Australian Consumer Law (ACL) which cannot lawfully be excluded. Subject to our obligations under the ACL, the Site and our products are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that your use of the Site will be uninterrupted, secure, or error-free.

Limitation of Liability

To the fullest extent permitted by law, and subject to your statutory rights under the ACL, Magnetka shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of your use of the Site or our products. Our total aggregate liability for any claim arising out of an order shall not exceed the total amount paid by you for that specific order.

Prohibited Uses

You agree not to use the Site to: (a) violate any local, state, federal, or international law; (b) infringe the intellectual property or privacy rights of others; (c) interfere with or disrupt the security or operation of the Site; (d) attempt to gain unauthorized access to our systems; or (e) submit fraudulent orders or false information.

Governing Law & Dispute Resolution

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the **State of Western Australia** and the federal laws of Australia. Any legal dispute or claim arising out of or relating to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts located in Western Australia.

Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. Material changes will be posted on this page with a revised "Last updated" date. Your continued use of the Site following any changes constitutes your acceptance of the new Terms.

Contact Information

If you have any questions or concerns regarding these Terms of Service, please contact us at:
Magnetka
Email: contact@magnetka.com.au
Address: PO Box 1192, Bibra Lake, WA 6965, Australia