Terms of service
Terms of Service
Effective Date: October 5, 2026
Welcome to The Old Wand Magic Shop. These Terms of Service govern your use of www.TheOldWand.com and purchases made through our website.
By accessing our website, placing an order, or purchasing a product, you agree to these Terms of Service and the policies referenced within them.
1. About The Old Wand Magic Shop
The Old Wand Magic Shop is an online retailer specializing in magic tricks, mentalism effects, instructional materials, books, DVDs, playing cards, digital downloads, and related merchandise.
Our online store is hosted by Shopify, which provides the e-commerce platform that allows us to offer products and services to you.
2. Eligibility and Website Use
By using this website, you represent that you are legally capable of entering into a binding agreement or that you are using the website with the permission and supervision of a parent or legal guardian where required.
You may not use our website or products for any unlawful purpose or attempt to interfere with the security, operation, or functionality of the website.
3. Products and Product Information
We make reasonable efforts to accurately describe and display the products offered on our website.
Product photographs, videos, demonstrations, descriptions, packaging, and other materials are provided for informational and promotional purposes. Actual packaging or appearance may occasionally differ from the materials displayed online.
Magic products may require practice, preparation, performance skill, additional supplies, or specific performing conditions. A professional demonstration of a magic effect does not guarantee that every purchaser will immediately achieve identical results.
Please carefully review product descriptions and available demonstrations before purchasing.
4. The Secret Nature of Magic
Many products sold by The Old Wand Magic Shop contain secrets, methods, techniques, instructions, gimmicks, or specialized knowledge that constitute an important part of the value of the product.
By purchasing a magic product, you acknowledge that part of what you are purchasing may be access to this information.
Once a secret, method, or instructional material has been disclosed, viewed, accessed, or learned, that information cannot be returned.
For this reason, our products are generally sold on an all-sales-final basis, subject to our separate Return and Refund Policy and applicable law.
5. Orders and Acceptance
Submitting an order does not necessarily constitute our final acceptance of that order.
We reserve the right to decline or cancel an order when reasonably necessary, including in cases involving:
- Suspected fraud or unauthorized transactions
- Payment authorization problems
- Inventory errors
- Material pricing or product-description errors
- Products that have become unavailable
- Orders that violate these Terms of Service
If we cancel an order after payment has been collected and the product has not been provided, we will issue any refund required by applicable law.
6. Prices and Payment
All prices displayed on our website are in U.S. dollars unless otherwise stated.
Prices, products, promotions, and availability may change without notice before an order is accepted.
We make reasonable efforts to ensure that prices are accurate. However, typographical, technical, or pricing errors may occasionally occur.
If we discover a material pricing error before fulfilling an order, we may contact you to give you the opportunity to purchase the product at the correct price or cancel the affected item.
Applicable taxes, shipping charges, and other charges will be displayed during checkout when required.
Payment must be successfully authorized before an order can be processed.
7. Returns, Refunds and Exchanges
Because of the secret nature of magic products, all sales are final except as provided in our Return and Refund Policy or as otherwise required by law.
Defective merchandise may qualify for exchange for the identical product in accordance with our Return and Refund Policy.
We do not accept returns or issue refunds simply because a customer does not like a method, expected a different secret, finds an effect difficult to perform, changes their mind, or determines that a product does not suit their performing style.
Our Return and Refund Policy is incorporated into these Terms of Service by reference.
8. Digital Products and Downloads
Digital products may include instructional videos, downloadable documents, electronic books, performance materials, or other digitally delivered content.
Unless otherwise stated, purchasing digital content provides you with a limited, non-exclusive, non-transferable license for your personal use.
Purchasing digital content does not transfer ownership of the underlying intellectual property.
You may not, without authorization from the applicable rights holder:
- Reproduce or redistribute purchased digital content
- Upload instructional content to file-sharing services or public websites
- Resell or sublicense digital materials
- Share purchased downloads with others in a manner that substitutes for their own purchase
- Commercially distribute protected instructional materials
Digital purchases are subject to our Return and Refund Policy.
9. Intellectual Property
Content created and owned by The Old Wand Magic Shop—including our name, logos, original photographs, graphics, written content, and promotional materials—is protected by applicable intellectual property laws.
Products sold on our website may contain intellectual property belonging to their respective creators, manufacturers, publishers, performers, or other rights holders.
Purchasing a product does not grant permission to reproduce, publish, distribute, resell, or otherwise exploit protected instructional materials or intellectual property except as authorized by the applicable rights holder or permitted by law.
Nothing in these Terms prohibits the lawful performance of a purchased magic effect.
10. Shipping and Delivery
Orders requiring shipment are subject to our separate Shipping Policy, which is incorporated into these Terms of Service by reference.
Shipping and delivery estimates are estimates unless expressly stated otherwise.
Customers are responsible for providing accurate and complete shipping information when placing an order.
Please review our Shipping Policy for information concerning processing, shipping, tracking, delivery problems, and related matters.
11. Promotions, Discounts and Giveaways
From time to time, The Old Wand Magic Shop may offer sales, promotional codes, discounts, giveaways, contests, or other special offers.
Unless otherwise stated:
- Discounts cannot be combined with other offers.
- Promotions apply only during the advertised promotional period.
- Discounts cannot be applied retroactively to previous purchases.
- Certain products may be excluded.
- Promotional offers may be subject to additional terms and conditions.
Giveaways and contests may be governed by separate official rules.
12. Product Safety and Responsible Use
Customers are responsible for reading and following all instructions, warnings, age recommendations, and safety information supplied with products.
Some products may contain small parts, magnets, sharp components, electronics, chemicals, or other materials requiring appropriate handling.
Certain products may not be suitable for children or may require adult supervision.
Products should be used only for their intended purposes and in a safe and lawful manner.
13. Third-Party Products and Services
Many products available through The Old Wand Magic Shop are created or manufactured by independent third parties.
Those products may be subject to additional instructions, warranties, license terms, or restrictions established by their creators or manufacturers.
Our website may also contain links to third-party websites or services. We do not control and are not responsible for the independent content, security, availability, or privacy practices of third-party websites.
Nothing in this section limits any responsibility we have under applicable law for products purchased directly from The Old Wand Magic Shop.
14. Privacy
Your use of our website and purchases from The Old Wand Magic Shop may involve the collection and processing of personal information.
Our collection, use, disclosure, and protection of personal information are described in our Privacy Policy.
Please review the Privacy Policy for information regarding your privacy rights and choices.
15. Disclaimer Regarding Performance Results
Magic is a performance art that frequently requires practice, preparation, timing, presentation, and individual skill.
Product demonstrations may feature experienced or professional performers.
We do not guarantee that purchasing a product will enable every customer to immediately reproduce the results shown in a demonstration.
Difficulty level, individual ability, practice, performing conditions, and other factors may affect results.
16. Disclaimer of Warranties
We strive to provide accurate product information and quality merchandise.
Except for warranties expressly provided by us or a product manufacturer, products and website services are provided subject to any disclaimers permitted by applicable law.
Nothing in these Terms is intended to exclude or limit warranties, protections, or remedies that cannot legally be waived.
17. Limitation of Liability
To the maximum extent permitted by applicable law, The Old Wand Magic Shop will not be responsible for indirect, incidental, special, or consequential damages arising from the use or misuse of our website or products where such liability may lawfully be excluded.
Customers are responsible for using products safely, responsibly, and in accordance with supplied instructions.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
18. Errors and Omissions
Occasionally, our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping, or other information.
We reserve the right to correct errors and update information as permitted by applicable law.
If an error materially affects an order you have already placed, we will address the matter in accordance with applicable law.
19. Prohibited Uses
You may not use our website:
- For unlawful or fraudulent purposes
- To violate the rights of others
- To transmit malicious software or harmful code
- To attempt unauthorized access to our systems
- To interfere with the operation or security of the website
- To scrape, copy, or commercially exploit our original website content in violation of applicable law
We may restrict access or cancel transactions involving misuse of our website, subject to applicable law.
20. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes to our business, website, products, or legal obligations.
Updated Terms will be posted on this website with a revised effective date.
Changes will apply prospectively unless otherwise permitted or required by law.
21. Governing Law
These Terms of Service are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.
Nothing in this provision deprives a consumer of any mandatory protections or rights provided under applicable law.
22. Severability
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in effect.
23. Entire Agreement
These Terms of Service, together with our Return and Refund Policy, Privacy Policy, Shipping Policy, and other policies expressly incorporated by reference, constitute the agreement governing purchases from and use of The Old Wand Magic Shop website.
24. Contact Us
Questions regarding these Terms of Service may be directed to:
The Old Wand Magic Shop
Website: www.TheOldWand.com
Email: dave@theoldwand.com
Text: 856-209-2314