Definitions and Premises
These general Terms and Conditions are available to the Customer to be reproduced and stored pursuant to article 12, Legislative Decree 70/2003. They apply to the online purchase of products bearing the “MAGIHOUSE”, “VALLE DELL’INFERNO” trademarks, via a telecommunications network, through the www.magihouse.eu e-commerce platform, property of Pasquale Marino & by Gabriella Giambrone – MAGIHOUSE – tax code 02259660849 – registered office in Via Bonfiglio n. 10 – 92022 – Cammarata – Italy.
Distance selling, as regulated herein, comply with the current national laws and the European Directive on consumer rights (No. 2011/83 EU).
By online sales contract we mean the distance contract, that is the legal transaction concerning movable goods and / or services, stipulated between a supplier, in this case “MAGIHOUSE,” and the Customer. This transaction takes place within “MAGIHOUSE”’s distance selling context which, according to this contract, uses only the distance communication technology known as the Internet.
By consumer we mean the natural person who purchases goods and services for purposes not directly or indirectly related to the person’s professional activity.
By professional user we mean the natural or legal person who purchases goods and services for purposes directly or indirectly related to his or her professional activity.
By product (s) we mean the products displayed within www.magihouse.eu
By www.magihouse.eu we mean the e-commerce platform used by “”Magihouse” to carry out the distance selling of its products.
Scope of application
These general conditions of sale apply to users who fall within the definition of “consumers,” pursuant to Legislative Decree no. 206/2005, who purchase products on the www.magihouse.eu Website for private use only.
These general conditions of sale also apply to users who make purchases through the www.magihouse.eu website as part of their professional activity (i.e: professional users) (for example restaurateurs, chefs, etc.). The resale of products purchased by professional users is absolutely prohibited.
Changes to these terms and conditions of sale
These general terms and conditions of sale become effective on the day they are published on the www.www.magihouse.eu website. They can be updated, supplemented or amended at any time and shall be effective thereafter.
Any changes made to these general conditions of sale will be appropriately indicated on www.magihouse.eu.
Acceptance of these conditions of sale
These general conditions of sale must be carefully examined by the Customer before completing the purchase transaction.
By placing an order on www.www.magihouse.eu, the Customer acknowledges and accepts, without reserve, these general conditions of sale.
“Magihouse” shall not be bound to any general conditions of sale other than the ones included herein, unless previously agreed in writing.
Subject matter of the contract
The subject matter of the contract is the distance selling of “Magihouse” products.
Each online order placed by the Customer must include a minimum of 1 (one) bottle or jar of products.
The Customer’s shopping cart and the order summary sent to the Customer at the end of the purchase transaction include a description of the product ordered and a digital photograph properly displaying the products available on the Website.
“Magihouse” does not guarantee that the products will be or look exactly as displayed on the Website (“Magihouse” takes all appropriate measures to ensure that the photographs on the site faithfully represent the original products, including the use of technological tools to reduce inaccuracies as much as possible. However, some differences are possible due to the technical specifications of the Customer’s device and the color resolution. Consequently, the possible inaccurate display of the product depends on the limitations of the Customer’s device).
To place an order, the Customer must click on the shopping cart icon to view the selected items and the total price.
Customers are asked to check the contents of the cart before completing the purchase order, following the instructions provided on the www.www.magihouse.eu Website and to confirm that they have read and accepted these general conditions of sale.
To modify the order or correct any errors, the Customer must follow the instructions provided on the screen.
Purchase Prices and shipping costs
After selecting the geographical shipping area and before completing the order, the Customer can view the price of the products, including shipping costs.
The purchase prices are displayed in euros and include VAT.
Before confirming the order, ”Magihouse” reserves the right to communicate any price errors or amendments on the product sheet.
In this case, “Magihouse” will promptly notify the Customer, guaranteeing his or her right to cancel the order. By proceeding with the order, the Customer accepts the new price, as amended.
In the event of non-payment or unconfirmed or unsuccessful payment, “Magihouse” will immediately declare all outstanding amounts due and take action to collect the payment equivalent to the product’s purchase price.
Completion of the order and conclusion of the contract
These terms and conditions of sale are an OFFER TO THE PUBLIC.
Therefore, in order to finalize the contract, the Customer must ACCEPT them and consequently receive an order confirmation email by “Magihouse”.
Therefore, the contract between “Magihouse” and the Customer is considered final when the Customer receives confirmation that the order is complete at the email address provided in the order.
Before confirming the successful conclusion of the contract, “Magihouse” reserves the right to either accept or reject any orders that cannot be fully fulfilled, that are incomplete or incorrect or if the products are not available.
In this case, “Magihouse” will inform the Customer that the contract could not be finalized and that the order could not be completed and provide an explanation.
The Customer will be informed within 30 days of placing the order on www.magihouse.eu and will receive a full refund of any amounts already paid.
Following the conclusion of the contract, the Customer will receive written confirmation of the order, which will be sent to the email address provided on www.www.magihouse.eu when placing the order, indicating the number and date of purchase, the product ordered and the amount paid.
Customers can access the section “my orders” to view these general Terms and Conditions of sale and their order history.
The Customer can cancel the order before it is prepared for shipment by sending an email to firstname.lastname@example.org.
“Magihouse” will keep a copy of the orders received and the acceptances provided for a reasonable period of time, in compliance with the Applicable Law.
The aforementioned documentation will be stored in the “Magihouse” data server according to the Applicable Law, in compliance with the regulations for privacy protection.
Terms and conditions of payment
The Customer must choose one of the available payment options.
If paying by credit card, the amount will be charged at the time the order is prepared for shipment.
In order to prevent internet fraud, the payments are handled directly by the competent banking institution, using the tools provided by ApplePay or Pay Pal.
To make the payment, the Customer must confirm on the www.magihouse.eu website that he or she is the credit card holder and provide the number, expiration date and security code indicated on the card.
Upon completion of the order, the competent credit institution may request confirmation of the data entered and verify that the credit card has not been reported lost or stolen.
Payment for the products purchased on www.magihouse.eu can also be made via PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be sent to www.www.magihouse.eu or shared.
During the payment transaction, “Magihouse” will never have access to and will not be able to store in any way the details of the credit card associated with the Customer’s PayPal account or any other payment method associated with this account.
If using PayPal, the Customer will be charged directly by PayPal for the total amount due at the time of conclusion of the online contract.
Any refunds will be credited directly to the Customer’s PayPal account.
Once the credit has been issued to this account, “Magihouse” will not be responsible for any delays or omissions on the refund transaction.
In order to dispute these issues, the Customer shall contact PayPal directly.
The Customer expressly acknowledges and accepts that, upon entering their data on the PayPal platform to make the first purchase, a specific procedure called “Reference Transaction” will be automatically activated. Through an automatic recognition system, this will allow to complete any future orders with PayPal, without having to log in again with your credentials. The Customer can disable the “Reference Transaction” at any time on the specific section of the PayPal site.
Product delivery and receipt
Once the order is dispatched, the Customer can monitor the shipment by clicking on “Track my order”.
The Customer can request information by contacting the “Magihouse” Customer Service by e-mail at email@example.com.
The Customer may request delivery to a natural person other than the one who placed the order and / or made the payment.
Customers will receive their invoice to their email address.
“Magihouse” ships the orders on the first available date after the order is received.
The order will be delivered to the provided address within 30 days (Legislative Decree no. 206/2005). “Magihouse” will not be responsible for delayed or unsuccessful delivery that is attributable to causes of force majeure or unforeseeable circumstances or due to the carrier’s responsibility.
Upon receipt, the Customer must verify that the product received matches the product ordered.
Only after this verification and without prejudice to the right of withdrawal, the Customer must sign the delivery documents.
“Magihouse” recommends carrying out an accurate check of the conformity and integrity of the product, considering any type of flaw that may be present at the time of delivery.
Should the product be damaged, adulterated or modified in its organoleptic composition, “Magihouse” invites the customer not to take or ingest the product itself and to immediately report the issue by e-mail to firstname.lastname@example.org.
In the event of a defect, adulteration or other damage affecting the product, this shall be reported no later than two months from the date of discovery of the defect and “Magihouse” will refund the price paid for the product, after proper verification.
For this purpose, the Customer must return the product without tampering, adulterating, or replacing it and without losing its contents, in order to allow “Magihouse” to carry out all the necessary checks.
If, during the check a damage or defect is confirmed in the returned product, “Magihouse” will replace it or, alternatively, will refund the purchase price (including shipping costs).
The Customer cannot file any claims for defective products that have been modified by the Customer or by any third parties, unless the Customer can prove that the defect already existed at the time of delivery.
If the Customer refuses to receive or is not able to receive the product delivered, in accordance with the provisions of these general conditions of sale, all risks associated with the loss or damage of the products will in any case be the Customer’s responsibility.
In this case, “Magihouse” may:
request the immediate and full payment of the products and try to deliver them by any means deemed appropriate, or store the products at the customer’s own risk and expense;
in any case ask for the full payment of the storage costs for the products and any other additional expenses incurred due to the refusal or inability to receive the delivered package;
cancel the order and dispose of the products, and exercise the right to receive compensation for the damage caused by the Customer, in addition to the risks and expenses mentioned above.
“Magihouse” assumes no responsibility for inefficiencies attributable to force majeure such as accidents, strikes and/or lockouts, earthquakes, floods, pandemics and other similar events that could totally or partially prevent to execute the contract in the agreed timelines.
“Magihouse” shall not be liable to any party or third parties for damages, losses and costs incurred as a result of the inability to execute the contract for the reasons mentioned above. The Customer, as the final consumer, will only be entitled to a refund of the price paid.
“Magihouse” is not responsible for any fraudulent or illegal use by third parties of credit cards, checks and other payment methods used at the time of payment, as the credit card number used during the purchase transaction is directly sent to the banking service manager through a secure connection and cannot be viewed by “Magihouse”.
Warranties and assistance services
“Magihouse” sells high quality products. The minimum duration of the warranty offered on the products depends on the type of product purchased, according to the Applicable Law.
The Customer undertakes to print out these general terms and conditions, to fully comply with the conditions set out in Legislative Decree no. 206/2005 (Consumer Code) and to periodically check them by connecting to the www.magihouse.eu e-commerce.
In the event of any changes, the Customer undertakes to reprint and keep the amended version.
The Customer declares to be a legal adult and to possess the legal capacity required to sign a legal contract between the parties and that the information provided at the time of placing the order is up-to-date, accurate and sufficient for the fulfillment of the order.
It is strictly forbidden for the Customer to enter false and/or invented and/or fictitious data during the registration procedure, which is required for the activation of the process for the execution of this contract and related additional communications. The personal data and the e-mail address used must not be false and must exclusively belong to the Customer and not to third parties.
It is expressly forbidden to make double registrations for a single person or to enter data belonging to third parties.
“Magihouse” reserves the right to legally pursue any violation and abuse, in the interest and for the protection of the consumers.
The Customer indemnifies “Magihouse” against any liability in the event incorrect tax documents are issued due to errors in the data provided by the Customer, as Customers themselves are solely responsible for the correct entry of the data.
Right of withdrawal
If for any reason the Customer is not satisfied with their purchase, they have the right to withdraw from the stipulated contract, without any penalty and without specifying the reason within 14 days of receipt of the product by sending a certified email to the certified email address email@example.com or by sending a letter through registered mail with return receipt to Gabriella Giambrone – MAGIHOUSE – Via Bonfiglio n. 10 – 92022 – Cammarata – Italy.
In any case, the deadline for the return is 14 days from the date the customer exercises the right of withdrawal.
To exercise the right of withdrawal, the product must be returned intact (therefore not opened, tampered or adulterated).
Magihouse will accept the returned goods, but will reserve the right to object to the integrity of the product; “Magihouse” will refund the sums paid for the purchase of the product within 14 days from the date they receive notification that the customer is exercising the right of withdrawal.
The right of withdrawal is not applicable to the following cases:
for custom made products or products specifically requested by the customer, or that cannot be returned because of the nature of the product;
for fresh food or food products that would deteriorate in the short term;
for non-intact products, or products that have been opened, tampered and adulterated due to the Customer’s fault.
“Magihouse” reserves the right to request compensation for any damage caused by the negligent or willful conduct of the Customer when returning the products. Magihouse cannot be held responsible if products are lost or stolen for reasons beyond its control, or for returns to the wrong address, or for delays in the delivery of the returned products that are beyond its control. The Customer assumes all the risks of the return. The Customer is also required to provide proof of return.
In the event of withdrawal, the customer will be reimbursed for all payments made to Magihouse, as established in these general Terms and Conditions of Sale. “Magihouse” will refund the amounts upon receipt of the returned product or when the Customer proves that the product was correctly sent to “Magihouse”. Refunds are credited to the customer’s credit card current account used by the customer for payment, or via PayPal. Refunds are free for the customer.
Any communication or notice in relation to these conditions must be made by registered mail with return receipt or certified email to the addresses indicated in the “contact us” section.
All communications required by the Applicable Law related to legal proceedings will be sent to the latest address or contact information provided by the Customer, until an attorney is appointed and the new address provided.
Each communication will be considered received:
once the registered letter with return receipt is received;
at the time and date the recipient successfully opens the certified email.
Authenticity of the products
“Magihouse” guarantees the authenticity and quality of the products sold on www.www.magihouse.eu.
The “Magihouse”, “Valle dell’Inferno” trademarks, all figurative and non-figurative trademarks and in general all other trademarks, illustrations, images and logos displayed on “Magihouse” products, accessories, packaging, whether registered or not, are and will remain the exclusive property of “Gabriella Giambrone – Magihouse based in Via Bonfiglio n. 10 – 92022 – Cammarata “.
Total or partial reproduction, modification or use of trademarks, illustrations, images, logos for any reason and on any medium is strictly prohibited without the prior and explicit approval of “Magihouse”.
Any combination of these trademarks with other trademarks, symbols, logos or any distinctive markings suitable for the creation of a composite logo is also prohibited. Furthermore, the total or partial reproduction, modification or use of signs, models or patents exclusively owned by “Magihouse” is strictly prohibited.
Contract termination and withdrawal
“Magihouse” has the right to terminate the contract stipulated with the Customer, in case of non-fulfilment by the Customer of its obligations, in accordance with these contractual conditions and in case of non-fulfilment within 15 days from the date of receipt of the relevant letter of formal notice specifying said non-fulfilment, sent via PEC or registered letter with return receipt.
“Magihouse” has also the right to withdraw from the contract with the Customer with 10 days notice to the Customer, at its own discretion, by written notice sent via PEC or registered letter with return receipt.
In this case, the Customer will only be entitled to a refund of any sum already paid.
It is essential that the Customer abides by these contractual conditions and guarantees that the payment transaction is successful. Therefore, as expressly agreed, the failure by the Customer to fulfill even one of the aforementioned obligations, will result in termination of the contract by law pursuant to article 1456 of the Italian Civil Code, without the need for a judicial decision, without any prejudice to “Magihouse”s’ legal right to take legal action for compensation for further damage.
Privacy, cookies, and conditions of use of www.www.magihouse.eu
The parties mutually agree that these general conditions of sale are governed by Legislative Decree no. 206/2005 (Consumer Code), by Legislative Decree no. 70/2003 – for the implementation of the European Directive 2000/31/EC – on the subject of Electronic Commerce, Regulation (EU) 2016/679 on the Protection of Personal Data, by Legislative decree no. 21/2014 – for the implementation of the European Directive 2011/83/EU on Consumer Rights – together with the rules of the Civil Code on contracts and any other regulation or applicable law.
By accepting these conditions of sale, the Customer also accepts the Applicable Law, within the limits of the legal validity in the country of destination of the product.
Jurisdiction and Competent Court
The parties mutually agree that any dispute relating to the application, execution, interpretation and violation of the purchase contracts concluded online through the www.magihouse.eu is subject to the Italian jurisdiction. For anything else, these general conditions refer to the provisions of Legislative Decree no. 206/2005.
For the resolution of disputes, the procedures provided for by Legislative Decree N. 28 of 4 March 2010 can be used. Out-of-court dispute resolution is also possible, including through the use of the conciliation service https://www.risolvionline.com/index.php. In addition, the European Commission provides a platform for out-of-court online dispute resolution at http://ec.europa.eu/consumers/ord.
For any dispute on this contract between the parties, the competent court will be the one in the district where the consumer’s domicile is, pursuant to Legislative Decree no. 206/2005.
For all others (foreigners and non-consumers), the exclusive jurisdiction lies with the Court of Rome – District of the Court of Appeal of Rome.
By agreeing to these Terms and Conditions of sale, the Customer also accepts the provisions included herein on the Competent Court.