Terms and conditions of sale
I. GENERAL INFORMATION
II. THE USER
III. PURCHASE OR ACQUISITION PROCESS
IV. AVAILABILITY
V. PRICES, COSTS AND TAXES
VI. PAYMENT METHODS
VII. DELIVERY
VIII. TECHNICAL MEANS TO CORRECT ERRORS
IX. REFUNDS
X. DISCLAIMER OF LIABILITY
XI. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
XII. RESIGNATION
XIII. NULLITY
XIV. ENTIRE AGREEMENT
XV. DATA PROTECTION
XVI. APPLICABLE LAW AND JURISDICTION
XVII. COMPLAINTS AND CLAIMS
I. GENERAL INFORMATION
The ownership of this website www.magimoshop.com, (hereinafter Website) is held by: Marta Girabal Montaner, with NIF: 46140830-R (Spain), and contact email: hello@magimoshop.com.
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.magimoshop.com) and the purchase or acquisition of products on it (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity that Magimó Shop develops through the Website includes the sale of printed products and limited editions with the original creations of Magimo Studio.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of Magimo Shop. By using this Website or by making and/or requesting the purchase of a product through this Website, the User agrees to be bound by these Conditions and by all of the above, and therefore, if he/she does not agree with all of the above, he/she should not use this Website.
We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products is requested will be applicable.
For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above.
II. THE USER
Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
- To make use of this Website only to make enquiries and legally valid purchases or acquisitions.
- Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
- To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.
The User may formalise, at his/her choice, with Magimo Shop the contract of sale of the desired products in any of the languages in which the present Conditions are available on this Website.
III. PURCHASE OR ACQUISITION PROCESS
Users may shop on the Website by the means and in the manner provided for. They should follow the online purchase and/or acquisition procedure of www.magimoshop.com, during which various products can be selected and added to the shopping cart and, finally, click on: ‘Checkout’.
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that Magimó Shop has received their order or purchase request, i.e. the order confirmation. And, if applicable, you will also be informed by e-mail when your purchase is being shipped (clause seven of these Conditions).
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail and, where appropriate, through his or her personal connection space on the Website.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and which are shown next to the presentation or, where appropriate, image of the product on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products or characteristics; and acknowledges that the placing of the purchase order or acquisition constitutes full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, Magimó Shop is not the manufacturer of the products sold or which may be marketed on the Website on which its designs are printed. Although Magimó Shop makes every effort to ensure that the information shown on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information to that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labelling, warnings and/or instructions accompanying the product.
IV. AVAILABILITY
All purchase orders received by Magimó Shop through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause ten of these Conditions) affects the supply of the products and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, Magimó Shop undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
V. PRICES, COSTS AND TAXES
The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
Prices exclude shipping costs. Shipping costs will be added to the total cost of the order, depending on the item and the place of delivery. They are calculated automatically in our e-shop.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
VI. PAYMENT METHODS
The accepted means of payment will be: PayPal.
During the payment process, the User will be temporarily transferred to the PayPal website to enter the information necessary to complete the transaction securely. Once the payment has been completed, you will return to the Website and you will be able to see the summary of the Order.
If you do not have a PayPal account, you can pay by credit or debit card without opening an account. You can also create a PayPal account, free of charge, at the time of payment.
When paying with PayPal, you do not disclose your financial information to merchants. All you need to pay is your email address and a password, so your confidential information is never shared with merchants.
Magimó Shop uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
In any case, by clicking on ‘Checkout’ the User confirms that the payment method used is his or her own.
VII. DELIVERY
Magimó Shop ships to all European Union (EU) countries and also to Norway, Switzerland and the United Kingdom, thanks to its network of printing laboratories.
The User will receive an email to confirm that the products have been shipped, with tracking information and delivery details.
If in the same order the user has purchased products from different printing laboratories, the user will receive the products separately.
Depending on the product, the location of the User and the size and weight of your package, different courier services are used.
If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.
In the event that 30 days have passed since the User's order has been available for delivery and has not been delivered for reasons not attributable to Magimó Shop, Magimó Shop will understand that the User wishes to withdraw from the contract and the contract will be considered to be terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered to be terminated. However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the user from the time of delivery. The User acquires ownership of the products at the time of delivery, if this takes place at a time subsequent to full receipt of the amount paid by Magimó Shop.
Estimated delivery times
Products purchased on our Website are shipped within 3-5 business days (Monday to Friday) after acceptance of the order, after the time required to print and process the order.
The average delivery time from the day of dispatch is 5-10 working days (Monday to Friday), unless there are extraordinary or unforeseen circumstances.
Orders may be delayed during seasonal peaks and promotional weekends (e.g. public holidays, Black Friday and Christmas).
With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, for which it is responsible, Magimó Shop is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.
In any case, home deliveries are made on working days.
Magimó Shop and suppliers cannot be held responsible for any delays resulting from misdirection, holidays or incidents beyond their control.
Customs charges
Products purchased on our Website with delivery to one of the countries outside the EU, such as Norway, Switzerland and the United Kingdom, may be subject to import duties and taxes that are applied when the delivery reaches that destination. These charges are calculated differently in each country, depending on the value and type of product.
It is the purchaser's responsibility to pay such import duties and taxes. The User should contact his local customs office for further information before placing his order.
The User shall comply with all applicable laws and regulations of the country to which the goods are destined. Magimó Shop shall not be liable if you violate any such laws.
Only if you purchase any of the art prints available in the shop with UK delivery, we guarantee that there are no extra costs for import duties and taxes, as they will be printed and shipped directly from our UK based print supplier.
Shipping costs
Shipping costs vary depending on the volume, weight and destination of the products purchased.
VIII. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he/she detects that an error has been made when entering the data necessary to process his/her purchase request on the Website, he/she may modify them by contacting Magimó Shop through the contact spaces provided on the Website and/or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.
In any case, the User, before clicking on ‘Finalise purchase’, has access to the shopping cart where their purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.
IX. REFUNDS
Magimó Shop products are produced on demand and we do not accept exchanges or returns of any product purchased on the Website.
Customised products
The usual consumer right of withdrawal and return does not apply in the case of personalised or custom-made products according to Law 3/2014 of 27 March (article 103) which amends the LOCM art. 45. Once the product is manufactured, even if it has not yet been delivered to the User, the User may no longer withdraw from the purchase contract.
In any case, if the User changes their mind about their purchase, Magimó Shop will consider returns on a case-by-case basis, as the products must be manufactured specifically for the order. This does not affect our legal rights under the Distance Selling Regulations.
Errors in the choice of product format or finish
Magimó Shop is not responsible for any errors that the User may make when selecting a size or format in the online purchase process. The characteristics and prices of the products are detailed on the product pages of the website.
The User declares that he/she is aware of the measurements, formats and materials that make up his/her order in accordance with the specifications expressed in the shop and in the purchase order.
Return of defective products or delivery error
These are all those cases in which the User considers that the product does not conform to the stipulations of the contract or purchase order, and therefore must contact Magimó Shop immediately, if possible within 7 days, by email at hello@magimoshop.com and provide the product details, as well as the existing disagreement, for example, with photographs of the defect or error.
The User will then be informed about how to return products and will receive a shipping label to enable them to be returned. Once returned, they will be carefully examined and the User will be informed, within a reasonable period of time, whether it is necessary to replace them or, where appropriate, reimburse them.
The replacement of the product or refund will be made as soon as possible and, in any case, within 14 days from the date on which Magimó Shop sends you an e-mail confirming that the replacement of the non-conforming item or the refund is appropriate.
The amount paid for those products that are returned because of a defect, when it really exists, will be refunded in full, including shipping costs. The refund does not include any additional shipping costs incurred by the User in choosing another shipping method instead of Magimó Shop's standard shipping. Nor will import duties and taxes, where applicable, which must be paid by the sender, be refunded. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, products that are not in the same condition in which they were delivered or that have suffered any damage after delivery, so you should be careful with the product/s while they are in your possession.
Likewise, the products must be returned using or including all their original packaging, instructions, certificates of authenticity and other documents that may accompany them, as well as a copy of the purchase invoice.
In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, will always apply.
Guarantees
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, and Magimó Shop will therefore be liable for any lack of conformity of the same that becomes apparent within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract, provided that: they conform to the description made by Magimó Shop and possess the qualities presented therein; they are suitable for the uses for which products of the same type are normally intended; and they present the usual quality and features of a product of the same type and that they are fundamentally to be expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics, provided that these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
X. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Magimó Shop accepts no liability for the following losses, irrespective of their origin:
- any losses which are not attributable to any breach by you;
- business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
- any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between the parties.
Magimó Shop also limits its liability in the following cases:
- Magimó Shop applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
- Magimó Shop will act with the maximum diligence in order to make available to the company in charge of the transport of the product that is the object of the purchase order. However, Magimó Shop is not responsible for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays, and in general, any others typical of the sector, which result in delays, loss or theft of the product.
- Technical failures which, due to fortuitous or other causes, prevent the normal operation of the service via the Internet. Lack of availability of the website due to maintenance or other reasons, which prevents the availability of the service. Magimó Shop puts all the means at its disposal to carry out the purchase process, payment and shipping/delivery of the products, however, it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.
- Magimó Shop shall not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, Magimó Shop will not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
- In general, Magimó Shop shall not be liable for any failure or delay in the fulfilment of any of the obligations assumed, when this is due to events beyond its reasonable control, i.e. due to force majeure, which may include, but is not limited to, the following Strikes, lockouts or other industrial action; Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster; Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private; Impossibility of the use of public or private telecommunications systems; Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended for the period during which the force majeure continues, and Magimó Shop will have an extension of time to fulfil them for a period of time equal to the duration of the force majeure. Magimó Shop shall use all reasonable means to find a solution to enable it to fulfil its obligations despite the force majeure.
XI. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with Magimó Shop will be electronic (e-mail or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Magimó Shop sends electronically comply with the legal requirements of being in writing. This condition shall not affect the User's statutory rights.
The User may send notifications and/or communicate with Magimó Shop through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Magimó Shop may contact and/or notify the User by e-mail or at the postal address provided.
XII. RESIGNATION
No waiver by Magimó Shop of any particular right or remedy or Magimó Shop's failure to require strict performance by the User of any of its obligations shall constitute or waive any other right or remedy arising out of any contract or the Conditions, or relieve the User from the performance of its obligations.
No waiver by Magimó Shop of any of these Conditions or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.
XIII. NULLITY
If any of these Conditions should be declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.
XIV. ENTIRE AGREEMENT
These Conditions and any document expressly referred to in these Conditions constitute the entire agreement between the User and Magimó Shop in relation to the subject matter of the sale and purchase and supersede any other prior agreement, understanding or promise made orally or in writing by the same parties.
The User and Magimó Shop acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
XV. DATA PROTECTION
The information or data of a personal nature that the User provides to Magimó Shop in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy or Data Protection Policy. By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is truthful.
XVI. APPLICABLE LAW AND JURISDICTION
Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.
Any controversy, problem or disagreement arising from or related to the access, browsing and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between Magimó Shop and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
XVII. COMPLAINTS AND CLAIMS
The User may send Magimó Shop their complaints, claims or any other comments they may wish to make through the contact details provided at the beginning of these Conditions (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between Magimó Shop and the User, the User as a consumer may request out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.
