Terms and conditions of sale

I. GENERAL INFORMATION

II. THE USER

III. PURCHASE OR ACQUISITION PROCESS

IV. AVAILABILITY

V. PRICES AND PAYMENT

VI. DELIVERY

VII. TECHNICAL MEANS TO CORRECT ERRORS

VIII. RETURNS

IX. DISCLAIMER OF LIABILITY

X. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

XI. WAIVER

XII. NULLITY

XIII. COMPLETE AGREEMENT

XIV. DATA PROTECTION

XV. APPLICABLE LAW AND JURISDICTION

XVI. COMPLAINTS AND CLAIMS

I. GENERAL INFORMATION

The ownership of this website, www.magimoshop.com, (hereinafter, Website) is held by: Marta Girabal Montaner, with NIF: 46140830R, and whose contact details are: Address: C/ Joana Raspall 15F, 2-3 Sant Feliu de Llobregat 08980, Barcelona, Spain (ES). 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 and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions it is understood that the activity that Magimo Shop develops through the Website includes the sale of art prints and limited editions, original creations of Magimó 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 Magimó Shop. By using this Website or by making and/or requesting the purchase of a product and/or service 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 and/or services 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 Magimó Shop the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.

III. PURCHASE OR ACQUISITION PROCESS

Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of www.magimoshop.com, during which various products and/or services can be selected and added to the shopping cart, basket or final purchase space and, finally, click on: "Finalise purchase".

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 e-mail confirming that Magimó Shop has received their order or request for purchase and/or provision of the service, i.e. confirmation of the order. And, if applicable, you will also be informed by e-mail when your purchase is being dispatched.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via e-mail and, where appropriate, via his or her personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from Magimó Shop using the contact spaces on the Website or via the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown next to the presentation or, where appropriate, image of the product and/or service 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, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the 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. Although Magimó Shop makes every effort to ensure that the information displayed on the Website is correct, the packaging and/or materials and/or components of the products may sometimes contain additional or different information to that which appears on the Website. Therefore, the User should consider not only 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 force majeure (clause nine 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 AND PAYMENT

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.

Shipping costs for printed artwork are free for UK, EU and EEA countries (Cyprus, Andorra, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Ireland, Iceland, Åland Islands, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, Vatican City, Andorra, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Åland Islands, Iceland, Ireland, Slovakia, Slovenia, Spain, Sweden and Switzerland), regardless of the size of the package or the number of prints ordered by the user in a single order. On the other hand, shipping costs for framed artworks will vary depending on the country of destination and the size of the artwork.

Thus, Magimó Shop provides delivery and/or shipping services via Royal Mail in the UK and Deutsche Post (DHL) for the rest of the world.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

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.

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 Pay Pal account, you can pay with your credit or debit card without opening an account. You can also create a Pay Pal account, free of charge, at the time of payment.

When paying with PayPal, the User does not disclose his or her financial information to the merchants. All you need to pay is your email address and 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 "Finalise purchase" the User confirms that the payment method used is his or her own.

VI. DELIVERY

In those cases in which physical delivery of the contracted goods is required, deliveries will be made worldwide.

With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived 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 according to the shipping method selected by the User 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.

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.

If 30 days have elapsed since your order has been available for delivery, and it 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 standard delivery method offered by the Website, without undue delay and, in any event, within a maximum period of 14 calendar days from the date on which the contract is deemed 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 charged 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 moment of delivery. The User acquires ownership of the products when Magimó Shop receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place after full receipt of the amount paid by Magimó Shop.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service shall be understood to be located in the Spanish VAT territory if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.

International delivery

With production in the UK and Germany, Magimó Shop delivers internationally, with the exception of Russia, Belarus, Eritrea, Syria, North Korea and Serbia.

There are restrictions on some products for certain international delivery destinations, therefore, the User should carefully review the information on the Website before ordering products.

If the User orders products from our Website for delivery to one of the international delivery destinations, the order may be subject to import duties and taxes that apply when the delivery reaches that destination. The User should note that we have no control over these charges and cannot predict their amount. The User will be responsible for payment of such import duties and taxes. You should contact your local customs office for more information before placing your 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.

Shipping times

Printed orders are shipped from our supplier's production facilities in the UK and Germany. To ensure orders are produced to the highest quality, production lead times for printed orders are 2-5 working days and standard delivery times worldwide are 2-10 working days.

VII. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has occurred 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, where appropriate, through those provided for contacting customer service, 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 space, trolley or basket where his or her 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 for more information on how to exercise their right of rectification in accordance with the provisions of 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 Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

VIII. RETURNS

We absolutely guarantee your satisfaction and that your order will arrive in perfect condition and will match the specifications on our Website. Defective and damaged prints will be replaced immediately. If you change your mind about your artwork, we will consider returns on a case-by-case basis, as artwork must be manufactured specifically for your order. This does not affect our statutory rights under the Distance Selling Regulations.

Where the User purchased products on or through the Owner's Website, the User has a number of rights, as listed and described below:

Right of Withdrawal

The right of withdrawal is the right of the consumer and user to cancel the contract concluded, notifying the other contracting party within the period established for the exercise of this right (14 calendar days), without having to justify their decision and without penalty of any kind.

Exceptions to the right of cancellation

However, the User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of:

Goods made to the consumer's specifications or clearly personalised.

The "goods manufactured according to the specifications of the consumer" are are all goods not prefabricated, for whose preparation an individual choice or decision on the part of the consumer is decisive. This would be the case for our printed works and limited editions, which are printed on demand only from the purchase request by the User.

In the same sense, the provision of a service that the User could contract on this Website is governed by the same Law establishes that the right of withdrawal to Users will not be granted when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and the user and with the acknowledgement on his part that he is aware that, once the contract has been fully executed by Magimó Shop, he will have lost his right of withdrawal.

Return of defective products or delivery error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and should therefore immediately contact Magimó Shop via 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 proceed with the return of the products, and the products, once returned, will be carefully examined and the User will be informed, within a reasonable period of time, whether a refund or, where appropriate, a replacement is required.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for products that are returned because of a defect, where such a defect actually exists, will be refunded in full, including delivery costs and any costs incurred by the User in returning the product. 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.

IX. 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.

X. 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.

XI. WAIVER

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.

XII. 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.

XIII. COMPLETE 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.

XIV. DATA PROTECTION

Personal information or data provided by the User to Magimó Shop in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection. 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.

XV. 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.

XVI. 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/.