Legal notice
GENERAL CONDITIONS OF SALE
1. General Terms and Conditions
1.1 The online Shop, shop.magil.info (hereinafter, the "Shop"), the Magil trademark is owned by Magil srl (hereinafter, "Magil") and is operated by Planet soluzioni srl with registered office in Turin (Italy) Piazza C.L.N. n. 243, VAT no. 01784520189 (hereinafter, "Planet"). Magil is the sole owner of the rights on domains, logos, trademarks, copyrights applied to the Shop and the Products.
1.2 These general terms and conditions of contract (hereinafter, "General Conditions") regulate the relationship between the customer (hereinafter, "Customer") and Planet (jointly, hereinafter, "Parties") for the purchase of the Magil products (hereinafter, "Products") made available in the Shop from time to time for this purpose. The language available to conclude the contract is Italian.
1.3 The Customer is required to carefully read the terms and conditions of the "General Conditions" made available to him/her on the Shop, in order to allow their storage and reproduction pursuant to Article 12 of Legislative Decree no. 70 of 9 April 2003. (Implementation of Directive 2000/31/EC).
1.4 Contracts entered into with Planet by accessing the Shop are governed by Italian law and, in particular, by Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree no. 70 of 9 April 2003 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to e-commerce).
4. Purchase procedure
4.1 The characteristics and prices of the Products are indicated in the offer relating to each single product available in the Shop.
4.2 To purchase the Products the Customer must fill in and send the purchase order form in electronic format to Planet, following the instructions contained in the Shop. The Customer, in order to place the order, shall register in the Shop by entering the mandatory data and selecting a password; all details concerning the methods of data processing are communicated to the Customer at the time of registration. After viewing and accepting the contribution for delivery costs, as well as the General Terms and Conditions, Privacy Policy and conditions on the right of withdrawal, he/she shall select the desired type of payment and send the order. By sending the order to Planet, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase process and fully accepts the General Conditions, also referred to via links.
5. Conclusion of the Contract
5.1 The Contract entered into between Planet and the Customer shall be deemed concluded when Planet sends you Order Acceptance Confirmation via e-mail.
5.2 Planet shall send the Customer, via e-mail, an Order Acceptance Confirmation sent by the Customer, containing a summary of the essential characteristics of the Products purchased, the date the order was placed, the delivery address chosen, a detailed indication of the price, the payment method chosen by the Customer, and the delivery costs. The Customer shall promptly check the content of the communication and immediately notify Planet of any errors or omissions. In the event that the Customer does not receive confirmation of order acceptance within 24 hours after placing the order, the Customer shall promptly contact Planet at: shopping@magil.info.
5.3 If the Customer so requests, at the same time as the order is sent, Planet shall issue an invoice for the goods shipped, sending it by e-mail or post to the holder of the order, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. The invoice shall be issued on the basis of the information provided by the Customer when placing the order. No changes in the invoice shall be possible after the invoice has been issued.
5.4 Orders shall be stored in the Shop's database, in compliance with the provisions of Legislative Decree No. 196 of 30.06.2003 and shall be accessible in the "MY ACCOUNT" section "ORDER HISTORY AND DETAILS".
6. Methods of Payment
6.1 The Customer may pay the price of the Products and the relevant delivery costs by Credit Card, Pay Pal.
6.2 In the event of payment by credit card, the Customer shall be redirected to the page of the website of the bank that owns or manages the "on-line" payment service, to which he/she shall be required to communicate his/her credit card data via a connection protected against unauthorised access, by means of 128-bit SSL (Secure Socket Layer) encrypted data transfer. This data is not accessible to third parties, not even Magil and Planet. For administrative accounting purposes, Planet reserves the right to verify the personal details provided by the Customer. The transaction will only be debited once the debit authorisation has been received from the company issuing the credit card used.
7. Transport and delivery
7.1 For security reasons, the signature of a person over the age of 18 will be required at the time of delivery. No deliveries will be made to PO boxes.
7.2 Delivery costs shall be borne by the Customer and are clearly marked on the order form. They may vary depending on the mode of shipment and the place of destination of the Products. Shipments outside the European Union may be subject to import taxes or customs duties. These amounts, determined at the time the Product enters the destination country, are the responsibility of the recipient and are not calculated in the order total. It is the responsibility of the Customer to pay Import Taxes or Customs Duties, and other appropriate charges in its country of residence.
7.3 Orders shall be processed and delivered from Monday to Friday, excluding public holidays and national holidays. Planet shall not be liable for any unforeseeable delays, it being understood that, except in cases of force majeure, the Products shall be delivered within a maximum period of 30 (thirty) days from the day after the day on which the Customer transmitted the order to Planet.
7.4 For the delivery of the goods, the presence of the Customer or his representative at the recipient's address indicated in the order shall be required. Upon delivery of the goods by the Courier, the Customer is required to check: (i) that the number of packages delivered corresponds to the number indicated in the transport document (Delivery Note); (ii) that the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials. Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately contested by placing a written control reservation on the Courier's proof of delivery. Once the Courier's document has been signed, the Customer may not raise any objection as to the external characteristics of what has been delivered. The Customer shall, without delay, communicate any problems by writing to: shopping@magil.info.
7.5 If Planet is unable to deliver the ordered goods due to the unavailability, even temporary, of the Products, it shall promptly notify the Customer, and in any case no later than 30 (thirty) days, via e-mail. The amount already paid by the Customer shall be refunded as soon as possible, and in any case no later than 30 (thirty) days from receipt of the purchase order.
7.6 Planet shall send the Customer a confirmation e-mail once the Products have been shipped.
8. Right of Withdrawal
8.1 Pursuant to Article 64 of Legislative Decree. no. 206/2005, the "Consumer" Customer (i.e. a natural person who purchases the goods for purposes unrelated to any entrepreneurial or professional activity carried out) has the right to withdraw from the contract without any penalty and without specifying the reason To exercise the right of withdrawal, the Customer shall send to the following e-mail address: shopping@magil.info, a written communication, containing: I) the manifestation of willingness to avail oneself of the right of withdrawal pursuant to Article 64 of Legislative Decree 206/2005; II) an indication of the Products for which the Customer wishes to avail oneself of the right of withdrawal; III) the progressive order number issued at the time of purchase; IV) the Customer's bank account details. The communication may be sent within the term of 14 (fourteen) working days from the date of receipt of the Products. The Customer undertakes to return the Products within 14 (fourteen) working days from the date of receipt of the Products to the following address: Magil srl Porto di Lavagna 160-161, 16033 Lavagna (GE), Italy
8.2 The costs for the return of the Product shall be borne entirely by the Customer. Planet shall not be liable for reimbursement or compensation for returned products that are lost, stolen or damaged.
8.3 Planet shall reimburse the full cost of Products returned by the Customer, unused, undamaged and in their original packaging. Delivery costs are not refundable. Planet shall undertake to promptly reimburse the Customer and in any case no later than 30 (thirty) days from the date of Return, provided that the conditions of the previous paragraph are met Refunds shall be made by bank transfer. Planet will send an e-mail notification once the refund has been made. Planet reserves the right to refuse the return of those Products that do not comply with the requirements set out in paragraph 8.1 above.
9. Cancellation of Change Orders
9.1 Should the Customer wish to change or cancel the order submitted, he/she must promptly send an e-mail to:¨ shopping@magil.info Planet will make every effort to comply with the Customer's request. However, once the Product has been shipped, the order cannot be cancelled or modified until the shipped goods have been returned to Planet. In this case, reference shall be made to the provisions contained in paragraph 8.1 above.
1.1 The online Shop, shop.magil.info (hereinafter, the "Shop"), the Magil trademark is owned by Magil srl (hereinafter, "Magil") and is operated by Planet soluzioni srl with registered office in Turin (Italy) Piazza C.L.N. n. 243, VAT no. 01784520189 (hereinafter, "Planet"). Magil is the sole owner of the rights on domains, logos, trademarks, copyrights applied to the Shop and the Products.
1.2 These general terms and conditions of contract (hereinafter, "General Conditions") regulate the relationship between the customer (hereinafter, "Customer") and Planet (jointly, hereinafter, "Parties") for the purchase of the Magil products (hereinafter, "Products") made available in the Shop from time to time for this purpose. The language available to conclude the contract is Italian.
1.3 The Customer is required to carefully read the terms and conditions of the "General Conditions" made available to him/her on the Shop, in order to allow their storage and reproduction pursuant to Article 12 of Legislative Decree no. 70 of 9 April 2003. (Implementation of Directive 2000/31/EC).
1.4 Contracts entered into with Planet by accessing the Shop are governed by Italian law and, in particular, by Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree no. 70 of 9 April 2003 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to e-commerce).
2. Product Availability
2.1 All Products offered for sale on-line are subject to availability at the time. Planet reserves the right to vary the quantity and/or type of goods available for purchase at any time. The Customer shall be promptly informed if his order is not available due to the unavailability of the ordered product.
3. Price
3.1 The prices of the Products are expressed in € (Euros).
For Products shipped within the European Union, prices include VAT. Delivery costs are excluded.
3.2 Planet constantly checks that all prices indicated in the Shop are correct, without however guaranteeing the absence of errors. Should an error be found in the price of a product, Planet shall give the Customer the option of reconfirming the purchase of the Products at the correct price or cancelling it.
2.1 All Products offered for sale on-line are subject to availability at the time. Planet reserves the right to vary the quantity and/or type of goods available for purchase at any time. The Customer shall be promptly informed if his order is not available due to the unavailability of the ordered product.
3. Price
3.1 The prices of the Products are expressed in € (Euros).
For Products shipped within the European Union, prices include VAT. Delivery costs are excluded.
3.2 Planet constantly checks that all prices indicated in the Shop are correct, without however guaranteeing the absence of errors. Should an error be found in the price of a product, Planet shall give the Customer the option of reconfirming the purchase of the Products at the correct price or cancelling it.
4. Purchase procedure
4.1 The characteristics and prices of the Products are indicated in the offer relating to each single product available in the Shop.
4.2 To purchase the Products the Customer must fill in and send the purchase order form in electronic format to Planet, following the instructions contained in the Shop. The Customer, in order to place the order, shall register in the Shop by entering the mandatory data and selecting a password; all details concerning the methods of data processing are communicated to the Customer at the time of registration. After viewing and accepting the contribution for delivery costs, as well as the General Terms and Conditions, Privacy Policy and conditions on the right of withdrawal, he/she shall select the desired type of payment and send the order. By sending the order to Planet, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase process and fully accepts the General Conditions, also referred to via links.
5. Conclusion of the Contract
5.1 The Contract entered into between Planet and the Customer shall be deemed concluded when Planet sends you Order Acceptance Confirmation via e-mail.
5.2 Planet shall send the Customer, via e-mail, an Order Acceptance Confirmation sent by the Customer, containing a summary of the essential characteristics of the Products purchased, the date the order was placed, the delivery address chosen, a detailed indication of the price, the payment method chosen by the Customer, and the delivery costs. The Customer shall promptly check the content of the communication and immediately notify Planet of any errors or omissions. In the event that the Customer does not receive confirmation of order acceptance within 24 hours after placing the order, the Customer shall promptly contact Planet at: shopping@magil.info.
5.3 If the Customer so requests, at the same time as the order is sent, Planet shall issue an invoice for the goods shipped, sending it by e-mail or post to the holder of the order, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. The invoice shall be issued on the basis of the information provided by the Customer when placing the order. No changes in the invoice shall be possible after the invoice has been issued.
5.4 Orders shall be stored in the Shop's database, in compliance with the provisions of Legislative Decree No. 196 of 30.06.2003 and shall be accessible in the "MY ACCOUNT" section "ORDER HISTORY AND DETAILS".
6. Methods of Payment
6.1 The Customer may pay the price of the Products and the relevant delivery costs by Credit Card, Pay Pal.
6.2 In the event of payment by credit card, the Customer shall be redirected to the page of the website of the bank that owns or manages the "on-line" payment service, to which he/she shall be required to communicate his/her credit card data via a connection protected against unauthorised access, by means of 128-bit SSL (Secure Socket Layer) encrypted data transfer. This data is not accessible to third parties, not even Magil and Planet. For administrative accounting purposes, Planet reserves the right to verify the personal details provided by the Customer. The transaction will only be debited once the debit authorisation has been received from the company issuing the credit card used.
7. Transport and delivery
7.1 For security reasons, the signature of a person over the age of 18 will be required at the time of delivery. No deliveries will be made to PO boxes.
7.2 Delivery costs shall be borne by the Customer and are clearly marked on the order form. They may vary depending on the mode of shipment and the place of destination of the Products. Shipments outside the European Union may be subject to import taxes or customs duties. These amounts, determined at the time the Product enters the destination country, are the responsibility of the recipient and are not calculated in the order total. It is the responsibility of the Customer to pay Import Taxes or Customs Duties, and other appropriate charges in its country of residence.
7.3 Orders shall be processed and delivered from Monday to Friday, excluding public holidays and national holidays. Planet shall not be liable for any unforeseeable delays, it being understood that, except in cases of force majeure, the Products shall be delivered within a maximum period of 30 (thirty) days from the day after the day on which the Customer transmitted the order to Planet.
7.4 For the delivery of the goods, the presence of the Customer or his representative at the recipient's address indicated in the order shall be required. Upon delivery of the goods by the Courier, the Customer is required to check: (i) that the number of packages delivered corresponds to the number indicated in the transport document (Delivery Note); (ii) that the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials. Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately contested by placing a written control reservation on the Courier's proof of delivery. Once the Courier's document has been signed, the Customer may not raise any objection as to the external characteristics of what has been delivered. The Customer shall, without delay, communicate any problems by writing to: shopping@magil.info.
7.5 If Planet is unable to deliver the ordered goods due to the unavailability, even temporary, of the Products, it shall promptly notify the Customer, and in any case no later than 30 (thirty) days, via e-mail. The amount already paid by the Customer shall be refunded as soon as possible, and in any case no later than 30 (thirty) days from receipt of the purchase order.
7.6 Planet shall send the Customer a confirmation e-mail once the Products have been shipped.
7.7 The risk of transportation and certain costs, such as that of storage at the courier, remain the sole responsibility of the Customer in all of the following cases: refusal of the Customer to receive delivery, unavailability of the Customer during working days during office hours, refusal by the Customer to make the cash-on-delivery payment, presence of errors in the data indicated by the Customer.
8. Right of Withdrawal
8.1 Pursuant to Article 64 of Legislative Decree. no. 206/2005, the "Consumer" Customer (i.e. a natural person who purchases the goods for purposes unrelated to any entrepreneurial or professional activity carried out) has the right to withdraw from the contract without any penalty and without specifying the reason To exercise the right of withdrawal, the Customer shall send to the following e-mail address: shopping@magil.info, a written communication, containing: I) the manifestation of willingness to avail oneself of the right of withdrawal pursuant to Article 64 of Legislative Decree 206/2005; II) an indication of the Products for which the Customer wishes to avail oneself of the right of withdrawal; III) the progressive order number issued at the time of purchase; IV) the Customer's bank account details. The communication may be sent within the term of 14 (fourteen) working days from the date of receipt of the Products. The Customer undertakes to return the Products within 14 (fourteen) working days from the date of receipt of the Products to the following address: Magil srl Porto di Lavagna 160-161, 16033 Lavagna (GE), Italy
8.2 The costs for the return of the Product shall be borne entirely by the Customer. Planet shall not be liable for reimbursement or compensation for returned products that are lost, stolen or damaged.
8.3 Planet shall reimburse the full cost of Products returned by the Customer, unused, undamaged and in their original packaging. Delivery costs are not refundable. Planet shall undertake to promptly reimburse the Customer and in any case no later than 30 (thirty) days from the date of Return, provided that the conditions of the previous paragraph are met Refunds shall be made by bank transfer. Planet will send an e-mail notification once the refund has been made. Planet reserves the right to refuse the return of those Products that do not comply with the requirements set out in paragraph 8.1 above.
9. Cancellation of Change Orders
9.1 Should the Customer wish to change or cancel the order submitted, he/she must promptly send an e-mail to:¨ shopping@magil.info Planet will make every effort to comply with the Customer's request. However, once the Product has been shipped, the order cannot be cancelled or modified until the shipped goods have been returned to Planet. In this case, reference shall be made to the provisions contained in paragraph 8.1 above.
10. Warranties, Conformity Defects, Complaints
10.1 Planet shall issue, pursuant to Legislative Decree. no. 206/2005, a legal warranty on the product for non-conformity of the same to the qualities envisaged in the sales contract in compliance with applicable legislation. Should a Product sold by Planet present a flaw or non-conformity, the Customer shall immediately contact, and never later than 60 days (sixty), the Customer service at the address: shopping@magil.info, mentioning the proof of purchase. Planet shall arrange, in agreement with the Customer, for its replacement or reimbursement, informing the Customer of the terms and conditions.
10.2 If the Customer is not fully satisfied or if there is a discrepancy with the order placed by the Customer, the Customer shall keep all the documentation and the Product in its packaging and immediately contact Magil by e-mail at the following address: shopping@magil.info Planet shall, in agreement with the Customer, either replace the Product or refund the Customer, informing the Customer of the terms and conditions.
10.3 "Consumer" customers, as defined in paragraph 8.1, are acknowledged the consumer rights pursuant to Article 130 of Legislative Decree 206/05 such rights must be exercised within the terms set forth in Article 132 of Legislative Decree 206/05
11. Product Liability
11.1 The provisions of Directive 1999/34/EC shall apply with respect to damage caused by the product. Planet as distributor releases itself from liability by indicating the name of the manufacturer.
12. Privacy
12.1 Planet and Magil declare and guarantee that the Customer's personal data will be processed in compliance with the provisions of Italian Legislative Decree no. 196 dated 30.06.2003 and subsequent amendments. Details on how the data will be processed are communicated to the Customer at the time of registration as per paragraph 4.2 above.
13. Errors and inaccuracies
13.1 Planet aims to provide constantly updated information on the Site. However, it is not possible to guarantee that the Shop is completely free from errors. The Shop may contain errors, inaccuracies or omissions, some of which may refer to the price and availability of the Product, and to the Product information sheet itself. Planet reserves the right to correct errors, inaccuracies or omissions even after an order has been placed and also reserves the right to change or update the information at any time without prior notice.
14. Guarantee of Authenticity
14.1 Original Magil brand products are sold on the Internet exclusively through the website shop.magil.info
15. Intellectual Property
15.1 All intellectual property rights such as trademarks, service marks, shape marks and copyrights are the exclusive property of Magil. No page or content of this Shop may be reproduced, transferred, modified, linked and used for public or commercial purposes without prior and express written authorisation.
16. Applicable law, settlement of disputes, competent court
16.1 The terms and conditions of access to the Shop are governed by the rules of Italian law and shall be interpreted in compliance with Italian laws.
16.2 In the event of any disservice or dispute between Planet and the Customer, we hereby guarantee our participation in an attempt at amicable settlement.
16.3 For any action arising from or related to the conditions, navigation or use of the Shop, the Court of Turin shall have jurisdiction.
17. Contacts
17.1 For further information and assistance on the Shop or on how to purchase online, please contact us at the following e-mail address: shopping@magil.info.
14.1 Original Magil brand products are sold on the Internet exclusively through the website shop.magil.info
15. Intellectual Property
15.1 All intellectual property rights such as trademarks, service marks, shape marks and copyrights are the exclusive property of Magil. No page or content of this Shop may be reproduced, transferred, modified, linked and used for public or commercial purposes without prior and express written authorisation.
16. Applicable law, settlement of disputes, competent court
16.1 The terms and conditions of access to the Shop are governed by the rules of Italian law and shall be interpreted in compliance with Italian laws.
16.2 In the event of any disservice or dispute between Planet and the Customer, we hereby guarantee our participation in an attempt at amicable settlement.
16.3 For any action arising from or related to the conditions, navigation or use of the Shop, the Court of Turin shall have jurisdiction.
17. Contacts
17.1 For further information and assistance on the Shop or on how to purchase online, please contact us at the following e-mail address: shopping@magil.info.
