TERMS & CONDITIONS
Read or download the document with all the details governing sales.
This Agreement governs the use of the site https://www.magiclog.it/ in relation to the purchase of the products displayed thereBefore completing a purchase transaction, users are encouraged to read this document carefully. The use of the site and in particular the purchase of the products are reserved for adults (or who have the age required in order to obtain the ability to act, depending on the country of purchase). The General Conditions have been drafted in Italian. In the case of other language versions, in case of inconsistencies or discrepancies between the Italian version and any other translated version of this Contract, the Italian version will prevail.
“Consideration": the amount that the Buyer recognizes to the Seller against the purchase
“Order": the purchase order sent by the Purchaser electronically to the Seller.
“Party” or “Parties": in the context of this Agreement, the Seller and the Purchaser, separately or jointly understood.
“Products” or “Goods": the customized Products and the Goods produced in series jointly understood.
"Personalized Products" or "Personalized Goods": beni mobili commissionati dal Cliente in base ad una scelta o decisione individuale.
"Serially produced goods": movable goods commissioned by the Customer based on an individual choice or decision.
“Website" is the website corresponding to the address https://magiclog.it/ through which it is possible to purchase the Products online.
“Seller” or “Owner”: Laura Colombo, domiciled in via Beolco 1, 23887 Olgiate Molgora Lecco
In the present Contract the terms indicated in the singular may include the plural and vice versa; terms that denote a genre may include the other gender.
SUBJECT OF THE CONTRACT
TERMS OF CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
3.1 Goods produced in series
To complete the online transaction with respect to the Goods produced in series, the Buyer must complete the Order form electronically by entering his personal data and payment data - for card transactions and Paypal - and then confirm the willingness to buy by pressing the "pay now" virtual button. The contract for the purchase of goods produced in series will be considered completed when the seller has accepted the purchase order sent electronically by the customer. The Customer will receive a special e-mail confirming the Order which will be delivered to the e-mail address communicated by the Buyer during the purchase phase. The order confirmation received by e-mail will constitute acceptance of the Order, proof of purchase and will result in the conclusion of the Contract with respect to the Goods produced in series.”. Il Contratto di acquisto di Beni prodotti in serie si intenderà perfezionato quando il Venditore avrà accettato l’Ordine di acquisto inoltrato in via telematica dal Cliente. Il Cliente riceverà un’apposita e-mail di conferma dell’Ordine che sarà recapitata all’indirizzo di posta elettronica comunicato dall’Acquirente in fase di acquisto. La conferma d’Ordine ricevuta via e-mail costituirà accettazione dell’Ordine, prova d’acquisto e comporterà la conclusione del Contratto rispetto ai Beni prodotti in serie.
3.2 Customized Goods
With respect to Customized Goods, the Customer can view the product sheet with the characteristics of the item he intends to purchase. Once the good of your interest is selected, the customer will have to contact the seller through the e-mail address indicated in the product sheet, expressing their interest in the purchase and indicating any customizations of the good to be made. Upon receipt of the communication, the Seller will forward to the Customer an estimate by e-mail with the data relating to the times of realization and delivery of the personalized Goods, payment methods and terms and any further information about the characteristics of the article requested, including the possibility or not of following up any customizations requested by the Customer. The Customer can thus decide whether or not to proceed with the Order, by sending a notice of acceptance to the Owner.
Therefore, the offer of personalized goods is subject to the subsequent proposal made by the Seller and its possible acceptance by the Customer
3.3 These General Terms of Sale must be reviewed "online" by the Buyer before completing the purchase process. The forwarding of the Order implies total knowledge of the content of the Agreement and its full acceptance. Before concluding the transaction, the Customer will have the opportunity to double-check the information entered and, if necessary, to modify it. The customer will receive at his e-mail address the confirmation of Order with the details of the purchase made.
3.4. The Agreement will not be finalised in the absence of clauses 3.1, 3.2 and 3.3
3.5 The Purchaser undertakes, on the sidelines of the purchase process, to print or save a copy of this Agreement. The General Terms will also be sent as an attachment to the Order Confirmation email or the automatic download process will be initiated when the purchase is completed, so that a copy of it is kept on durable media. d’Ordine oppure sarà avviata la procedura di download automatico in fase di conclusione dell’acquisto, in modo da conservarne copia su supporto durevole.
FEES, PAYMENT AND SHIPPING METHODS
4.1 The payment tools listed on the website include Paypal and bank transfer. In the case of payment by transfer, the goods will only be shipped when the amount has been credited. If the amount fails, the Buyer will have an additional 7 days to complete the payment. It is understood that in the event of non-credit of the amount within 14 days of the completion of the Agreement, the latter will be resolved and the Buyer will have to make a new Order. The timing and payment methods may vary in the case of the purchase of Custom Goods, according to the quote formulated by the Seller.
4.2 The Seller uses the payment system provided by PayPal Holdings, Inc and its subsidiary PayPal (Europe) S.à r.l., a third-party provider that offers digital payment and money transfer services.
4.3 Before concluding the Order, the Buyer will have the opportunity to view the total price of the Products added to the virtual cart, including vat and any other tax, including shipping costs. Indicative delivery times, shipping and shipping methods will be indicated before purchase and may vary depending on the destination location, the type of delivery selected, the characteristics of the Products (e.g. weight, size). In any case, the goods produced in series will be delivered at the latest within thirty days of the conclusion of the Agreement, if a shorter delivery time is not indicated.The timing of the realization and delivery of the custom goods will be indicated by the Seller
4.4 Without prejudice to the obligation to deliver pursuant to art. 61 of the Consumer Code, in the event that the Buyer does not qualify as a consumer, the Seller will be released from its delivery obligation by returning the Product to the carrier, in accordance with Article 1510, paragraph 2, of the Civil Code. The Seller therefore excludes any liability for damage to the Product or loss of it during transport and attributable to the carrier or third parties.
4.5 The Buyer will have to check at the same time as he receives the package and in any case without undue delay that the Product matches what is ordered. Any damage to the packaging or anomalies should be reported at the same time as the delivery by placing on the transport document the word "accepted with reservation" and providing a brief description of the reason for that reserve.
4.6 In the event of non-delivery due to the Customer's absence, it will be the latter's responsibility to contact the courier in order to arrange a new delivery. Any storage costs will be fully charged to the Customer
It is understood that, in the event of non-delivery due to the absence of the Buyer, it will be the latter's responsibility to contact the courier to arrange the new delivery date or collection at the warehouse where the Product will be placed in storage. Failure to request a new delivery by the Buyer within and no later than  days from the first failed attempt will result in the termination of this Contract due to the Customer's breach, with the Seller's right to receive reimbursement of the costs of storage, return and any other possible costs and charges incurred by the Seller due to non-delivery due to the absence or refusal to receive the Product by the Buyer.
LIMITATIONS OF RESPONSIBILITY
5.1 The Owner takes no responsibility for the possible failure of the WebSite due to causes not attributable to him, including due to sudden lack of electricity, loss of internet connection or problems related to the operation of the servers and other similar events that prevented, in whole or in part, from enforcing the Order. In particular, the Customer is aware and accepts that access to the Site may be temporarily interrupted for routine or extraordinary maintenance.
5.2 The Seller cannot guarantee the availability of the Goods produced in series and published in the online catalog. If there is no actual availability of the ordered product, the Seller will make the Buyer aware by e-mail and within a reasonable time the waiting time to obtain the selected Product, asking the Buyer if he intends to confirm Order or not.
5.3 The Seller will not be liable in the event of delayed delivery for causes not attributable to him, such as force majeure, fortuitous case or responsibility of the carrier in the case of delivery to non-consumer professional.
WARRANTY AND SERVICE MODE
6.1 If the Buyer is qualified as a consumer under the Consumer Code, he or she will be able to take advantage of the 2-year legal guarantee on products purchased from the date of delivery. In the event of a compliance defect, the rules referred to in D. Lgs. 6 September 2005, 206 and s.m.i. will apply. The Buyer must report the possible vice within 2 months of the discovery, otherwise it will fall from the right of guarantee. The complaint is not necessary if the Seller has acknowledged the existence of the defect or concealed it. The Buyer may ask, of his choice, the Seller to repair the Product or replace it, without charge in either case, unless the requested remedy is objectively impossible or excessively burdensome with respect to the other. You may request a fair reduction in the purchase price or the termination of this Agreement, if one of the following situations occurs:
- a) repair and replacement are impossible or excessively burdensome;
- b) the Seller has not repaired or replaced the Product within a reasonable period;
- c) the previous replacement or repair has caused considerable inconvenience to the Buyer.
6.2 If the Buyer does not qualify as a consumer, the applicable guarantee will be the one referred to in Article 1490 of the Civil Code. He must report any defects of the Product purchased within 8 days of receipt. The action is prescribed, in any case, in one year from delivery. The Seller only guarantees that the Product purchased complies with its description and any specifications indicated in the Site.
6.3 The warranty request must be sent in written form in the manner indicated in Article 9 "Communications and Complaints" to the Seller, who will indicate his willingness to comply with the request, i.e. the reasons that prevent him from do it.
7.1 The Customer agrees to pay the Amount requested for the purchase of the Product within the times and methods indicated on the Site or communicated by the Seller through a specific quote.
7.2 The Buyer is responsible for the use of the purchased goods in a manner that does not comply with any instructions of use indicated on the Site or included.
7.3 Once the Agreement is concluded, the Buyer will have to print or preserve it on lasting support.
RIGHT OF WITHDRAWAL
8.1 The Buyer who is also a consumer under the Consumer Code will have the right to withdraw from the Agreement, without any penalty and without specifying the reason, within the period of 14 (fourteen) days from the day he will enter possession goods produced in series, or in the case of the purchase of multiple Products at the same time, from the day when it will take possession of the last asset purchased.
8.2 The notice of withdrawal must be submitted in the manner indicated in Article 9 of "Communications and Complaints".
8.3 Pursuant to Article 59, paragraph 1 letter (c) of the Consumer Code, the right of withdrawal with respect to Personalized Goods is excluded, since these are ad hoc and personalized mobile goods upon request of the Customer. The Seller will inform the Customer in advance if the right of withdrawal does not apply. escluso il diritto di recesso rispetto ai Beni Personalizzati, trattandosi di beni mobili realizzati ad hoc e personalizzati su richiesta del Cliente. Il Venditore informerà preventivamente il Cliente qualora il diritto di recesso non trovi applicazione.
8.4 With the exercise of the right of withdrawal, the Buyer will have to bear the direct cost of returning the Goods produced in series to the Seller, a return which must in any case take place no later than 14 (fourteen) days from the date of notification of the withdrawal. The Buyer will be entitled to a full refund of the price paid, provided that the Seller has already received the goods to be returned or that the Purchaser provides the Seller with adequate proof of dispatch of the Goods, including by scanning, of any receipt sent by parcel post or by courier.
8.5 It is understood that, if the Buyer does not qualify as a consumer under the Consumer Code, the possibility of withdrawing from the Agreement is expressly excluded.
COMMUNICATIONS AND COMPLAINTS
The written communications addressed to the Seller, any complaints or returned goods must be addressed to:
Mr. Marco Rigamonti, domiciled in via Beolco 1, 23887 Olgiate Molgora, Lecco. To exercise the right of withdrawal, the Buyer must send a specific communication by registered letter with return receipt. Alternatively, the Customer can send a simple e-mail to firstname.lastname@example.org communicating his intention to withdraw from the Contract: however in this case for the withdrawal to be effective a further e-mail reply from the Owner with whom the latter confirms having received the Customer's request.
In order to exercise its right of legal guarantee, the Buyer must send a registered letter with return receipt to: Mr. Marco Rigamonti, domiciled in Via Beolco 1, 23887 Olgiate Molgora, Lecco, specifying in detail the vices or defects found. Alternatively, you can send a simple e-mail to email@example.com detailing the vices or defects found: however, if you use a simple e-mail, you will need an additional e-mail response from the Owner with whom the owner confirms that he has received the Customer's request.
For assistance with the correct use of the Site or to request support during the purchase process, please use the e-mail address: firstname.lastname@example.org
APPLICABLE LAW AND JURISDICTION
10.1 This Agreement is governed by Italian law with the express exclusion of the Vienna Convention on the international sale of goods of 11 April 1980. The exclusive court of jurisdiction to decide on any disputes will be in Lecco
10.2 If the Purchaser qualifies as a consumer pursuant to the Consumer Code, the competent court to decide on any disputes will be the one in which the consumer has residence.
10.3 In accordance with the EU Regulation of the European Parliament and Council No. 524/2013 we report the link to the European platform for online dispute resolution: http://ec.europa.eu/consumers/odr/
Last updated: 04/07/2019