TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS OF BUSINESS
missmagdula.com is an online shop (the “Website”) selling Vendors’ products, which is owned, operated and managed by SalesCom Corporation, 1680 Michigan Avenue Suite 700, 33139 Miami Beach, Florida, United States.
All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr , but by purchasing on our website you accept not to enter into dispute resolution proceedings before the consumer arbitration board and following article 14 will apply.
2.1 The presentation of products on our Website does not constitute any offer by missmagdula.com for a purchase contract.
2.2 By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button “PLACE ORDER”. Before you submit your offer, you will be able to view the details input by you and correct any mistakes in the information provided.
2.3 On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.
2.4 A purchase contract between you and missmagdula.com will become effective only after the Vendors have accepted the offer by dispatching the goods ordered. The goods will be dispatched only after the full amount has been credited to our account.
2.5 missmagdula.com has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.
3. Cancellation policy advisory
You may repeal your contract of purchase within 14 days without having to state reasons.
The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.
To administer your right to cancel your order, you have to inform us at: missmagdula.com at SalesCom Corporation, 1680 Michigan Avenue Suite 700, 33139 Miami Beach, Florida, United States, firstname.lastname@example.org, phone +1 786 5670878, by sending us an explicit declaration stating that you are repealing your contract of purchase (for example: by sending us a letter in the mail, fax, or an email).
It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.
If you repeal your contract of purchase, we have an obligation to refund all payments that we have received from you for purchasing the item you asked to be reimbursed excluding shipping costs, taxes and custom duties (if any) immediately and within 30 days at most, effective the day that we receive your repeal. The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.
We reserve the right to withhold the reimbursement until our Vendor has received the returned items in accordance with the Shipping & Returns policy available on our website.
The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of the Order. The extended deadline will be granted if the items are sent back within fourteen days. All return shipments to each Vendor are at your expenses including taxes and custom duties, if any.
You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.
REASONS TO TERMINATE THE CANCELLATION POLICY
The cancellation policy is only in place if the product bought hasn’t been customized or altered. Personalization of garments renders the cancellation policy inactive.
4. Voluntary returns right
Independently of your statutory right of revocation, missmagdula.com offers you the following voluntary right of return:
All missmagdula.com products can be returned to Vendor warehouse within 14 days of receipt of the products in accordance with the Shipping & Returns policy available on our website. However, the right of return only applies to unworn, unwashed and defect-free items from which the labels have not been removed. Any loss of value due to wearing, washing or causing other traces of use as well as removal of the safety label, removal/damage of the original packaging, accessories, etc. will result in the return being rejected, as we cannot offer these items for sale again. In this case, the goods will be returned to the customer without reimbursement of the purchase price.
6. Prices; product presentation; availability; promotion coupon
6.1 The prices stated on our Website missmagdula.com, at the time of your order, apply.
6.2 The goods offered at missmagdula.com are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
6.3 If you have ordered several items at the same time, the products may be delivered by different Vendors at different times. Shipping charges are always included in the Order as detailed.
6.4 Promotion Coupon:
6.4.1 Promotion Coupon codes have different time periods of validity and are applicable for purchase of any product available on the website. To determine the validity period, please refer to the document which contains the promotion coupon code.
6.4.2 Exchanges or reimbursements of promotion coupon codes, which were part of a marketing promotion or which you may have received on behalf of missmagdula.com, are non-permissible. The disbursement of promotional coupon codes is not permissible outside of the standard return timeframe stated in our terms and conditions.
6.4.3 missmagdula.com reserves the right to cancel or block the promotion coupon code, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the promotion coupon code. You will be informed immediately by missmagdula.com in the case of cancelling or blocking the promotion code.
6.4.4 Return policy for orders purchased using a promotion coupon code:
If you make use of legal right of return or our voluntary return policy, you will be reimbursed for the total amount of the returned items. If you are returning only one of the items from your order, the value of the promotion code will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. The promotion code loses its validity proportionate to the worth of the returned item. If you are returning your complete order, the amount paid will be refunded in full, but the promotion code can no longer be applied to future purchases. Please note that promotion codes from sales campaigns cannot be replaced or refunded.
7. Storage of contract data
We store your order data. If you wish to print your order, you may do so by printing out. It will appear on your screen once you have submitted your order to us by clicking the “PLACE ORDER” button and your credit card details have been verified.
In addition, you will receive an email order confirmation stating all details entered and your Orders will be stored inside the section “My Account” if you decide to open an account at time of purchase.
9. Payment; default in payment; setoff; right of retention
9.1 Accepted methods of payment are PayPal and the major credit cards, as shown in the online store at the time of purchase. All payments and credit notes will be handled in the same currency for the purchase.
9.2 Payment using a Gift Card:
When making a purchase using a Gift Card, simply enter the Gift Card code in the designated field at checkout. If the order amount exceeds the Gift Card balance, please select the payment method with which you wish to cover the remaining amount. If the Gift Card balance exceeds the order amount, you may use the same code for your next purchase. The amount remaining will be available until your credit balance has been used up completely. The disbursement of the remaining Gift Card balance is not possible.
9.3 Payment using a promotion code:
When making a purchase using a promotion code, simply enter the promotion code in the designated field at checkout. If the order amount exceeds the promotion code balance, please select the payment method with which you wish to cover the amount remaining.
The customer is barred from a set-off if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.
9.5 Right of retention for commercial transactions:
In mercantile trade, the right to the retention of goods and a service disclaimer by the customer cannot be enforced, with the exception of undisputed, legally determined counter claims or claims for damages covered in the same sales contract.
10. Retention of title
The goods delivered remain property of Miss Magdula and Miss Magdula Vendors’ until full payment has been made.
11. Inquiries, complaints
For any inquiries about your order or complaints, please send an email to email@example.com
Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to article 13 below.
13.1 Missmagdula.com Vendors’ accept limited liability for damage or negligence on “essential obligations” only, with a maximum liability equivalent to the order amount. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper performance of the contract and whose fulfilment customer could reasonably rely upon (“essential obligation”), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations.
13.2 Nothing in this shall prejudice missmagdula.com Vendors’ liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.
13.3 Any exclusion or limitation of the liability of missmagdula.com shall extend also to the personal liability of its owner/s, employees, members of staff, representatives, agents and Vendors.
14. Governing law, provisions and disputes
14.1 These Terms & Conditions are regulated and must be interpreted in accordance with the law of the State of Florida.
14.2 If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.
14.3 All disputes, even of a non-contractual nature, deriving from this Terms & Conditions and herein mentioned documents, related to or connected to it, shall be referred to the law of the State of Florida.
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