Welcome to the website www.magavica.com (hereinafter, "Website"). Access to the Website and its use, as well as the purchase of MAGAVICA.com services, implies the reading, knowledge and acceptance of these General Conditions of Use (hereinafter, Conditions of Use).
The services acquired on the Website are sold directly by MAGAVICA.
1. COMMERCIAL POLICY
1.1 MAGAVICA offers the services for sale on the Website, exclusively, to users over 18 years of age and empowered with sufficient legal capacity to link to these Conditions of Use. Likewise, the user expressly accepts without exception that access and the use of the Website, its services and contents is done under its sole and exclusive responsibility.
1.2 MAGAVICA reserves the right not to meet orders made by users that do not comply with the provisions of the previous point.
1.3 These Conditions of Use exclusively regulate the offer, the acceptance of purchase orders and the realization of the services for the users of the Website.
1.4 MAGAVICA reserves the right to modify, at any time, the configuration of this Website, as well as the conditions of the service and its content, and the right to remove it, limit it or suspend it temporarily or permanently, or prevent access to the same, trying to inform the user of these changes, whenever circumstances permit, by posting on the Website.
1.5 MAGAVICA does not guarantee, directly or indirectly, the content offered by third parties, nor the veracity, reliability, accuracy, timeliness or convenience of this information for the use made by users or any other person. The intellectual property rights on this Website are owned by MAGAVICA. The exclusive exercise of reproduction, distribution, public communication and transformation belong to this company.
2. TYPES OF USERS AND HOW TO PLACE AN ORDER.
2.2. As indicated, before proceeding to purchase the services by transmitting the order form, the user will be asked to read carefully and expressly accept these Conditions of Sale. We recommend that all users print a copy and file or reproduce another copy for personal use.
2.3. To place the order for one or more services on the Website, the user must follow the steps indicated in the purchase process, filling in the requested data, confirming the purchase of the services added to the cart and making the payment of the order. When confirming the purchase of the services, the user will have all the information related to the order being processed and all the corresponding contractual data.
2.4 The user who acquires services on the Website, undertakes to pay at the time he confirms the purchase. Thus, the order will not be processed until such time as MAGAVICA.com receives payment compliance. In the event that a monthly service is contracted, the user must pay the first month through the web. The MAGAVICA team will contact the client to direct the rest of the payments.
2.5 Once the order is formalized, the user will receive by email a confirmation that the order has been made, detailing the services purchased and their prices, the payment method, the shipping address and the other contractual data of the transaction.
2.6 Orders will be archived in the MAGAVICA database for a period of time that will not exceed the limits established by current legislation. The user can access their orders in the section, "My Orders".
2.7 MAGAVICA may refrain from processing orders sent by users who do not present sufficient solvency guarantees, which are found to be incomplete or incorrect, those whose payment confirmation is not received within 48 hours, and also in case the selected services are not available In such cases MAGAVICA will inform the user by email that the Order has not been processed correctly, specifying the reasons for it, and, where appropriate, will reimburse the amount that has been anticipated for the unavailable services.
3. SERVICES AND PRICES
3.1 Only MAGAVICA company services are for sale on the Website
3.2 MAGAVICA reserves the right to decide, at all times, the services offered through the Website. In particular, MAGAVICA may, at any time, add or remove services from the online store.
3.3 The essential characteristics of the services are presented on the Website within each service file.
3.4 The prices of the services for sale on the Website always appear in euros with the corresponding VAT (21%) not included.
3.5 The prices of the services may be subject to updates. The prices that MAGAVICA will apply to each order will be those in force at the moment in which the user confirms the purchase of the services regardless of the day on which the delivery is made. MAGAVICA recommends making sure what the final sale price is before confirming the order.
4. PAYMENT METHOD
4.1 The user who acquires services on the Website undertakes to pay at the time he confirms the purchase. In the event that a monthly service is contracted, the user must pay the first month through the web. The MAGAVICA team will contact the client to direct the rest of the payments.
4.2 Payment of the price of services may be made by PAYPAL, by credit card (VISA, VISA ELECTRON, MASTERCARD). MAGAVICA is committed to using the most effective and safe methods of current technology to transmit the data and payments of each transaction. These shipments will always be encrypted through a secure server (SSL).
4.3 In the event that the user makes the payment by credit card, the bank details will be transmitted through a secure protocol to PAYPAL or others responsible for providing the respective remote electronic payment services, without any third party being able to access they. Such data will never be used by MAGAVICA other than to complete the procedures related to the purchase, to issue the corresponding refunds in case of possible returns and to prevent and inform the police forces in case any fraud was committed in the Website by the buyer.
4.4 The purchase price of the services will be due in the user's current account at the time of order confirmation.
4.5 Within a maximum period of 48 hours from the receipt of the payment confirmation, COMPANY will send to the user, by email, a confirmation of the purchase, including the order number. This confirmation is not valid as an invoice, only as proof of purchase.
4.6 The invoice corresponding to the purchase made will be sent by e-mail if the client requests it. Credit card fraud is a crime, and MAGAVICA will bring legal action against anyone who makes a fraudulent transaction in our store.
5.1 Users benefit from the guarantee offered by the MAGAVICA firm, in accordance with Law 7/1996, of January 15, on Retail Trade Management.
6. RETURNS AND PRODUCT CHANGES
6.1 The User may change one service for another, regardless of whether the price thereof is higher or lower. Exercised by the User the right of return, COMPANY, will return the amounts received by payment, without any retention and within a period not exceeding thirty days.
7. CUSTOMER SERVICE
7.1 For any clarification, incident or claim, the user can contact MAGAVICA Customer Service, by accessing the “Contact” section, located at the bottom of the Website and selecting the corresponding option or directly sending an email email to the address info @ magavica.com.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
8.1 All the elements and contents of the Website and of each of the services, such as images, photographs, texts, music, sounds, videos, documents, logos and any other material, in any format , published on the Website (including menus, web pages, graphics, colors, schemes, tools, characters, website design, diagrams, structure, selection, sorting and presentation of contents, methods, processes, functions and computer programs that are part of the Website) are protected by copyright and other intellectual and industrial property rights of MAGAVICA. Similarly, the website is considered a computer program and, as such, is also protected by legislation on intellectual and industrial property rights. Access to the website or obtaining user status does not imply the granting of licenses or authorizations on the aforementioned industrial and intellectual property rights.
8.2 The user may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, allow access to the public through any form of public communication, or perform any other action prohibited by regulations in matters of intellectual and industrial property on any of the elements referred to in the previous paragraph, unless expressly authorized by MAGAVICA The user must use the materials, elements, contents and information that he accesses through the use of the Website only for his own needs, forcing himself not to directly or indirectly carry out a commercial exploitation of said elements.
9. NOTICE ABOUT THE CONTENTS
9.1 MAGAVICA has adopted all the measures at its disposal to prevent content on the Website from describing or representing scenes or situations of physical or psychological violence, or such that, according to the sensitivity of the users of the Website, may be considered harmful to civic convictions, human rights or the dignity of people in any of its forms and expressions.
9.2 MAGAVICA A has also taken all useful precautions to ensure its users that the contents of the Website are cared for and do not contain incorrect information or that is not updated with respect to the date of its publication on the website (and , as far as possible, later).
9.3 Although MAGAVICA tries to do its best to guarantee continuous access to the website itself, the dynamic nature of the Internet and its contents may not allow the Website to operate without interruptions or discontinuities due to the need to perform website updates. . MAGAVICA cannot guarantee its users that the website operates continuously and without interruptions, errors or malfunctions due to the Internet connection. If you have any problem during the use of the Website, please contact our Customer Service by sending an email to email@example.com and you will try to solve the problem.
9.4 Users are fully responsible for their conduct, when accessing the information on the web, while browsing it, as well as after accessing it. Therefore, users are solely responsible to MAGAVICA and third parties for:
The consequences that may be derived from the use, with illicit purposes or effects contrary to this document, of any content on the web, prepared or not by MAGAVICA, published or not under its official name.
As well as the consequences that may be derived from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or damage the website or its services or prevent normal enjoyment by Other users.
9.5 MAGAVICA reserves the right to update the contents when it deems appropriate, as well as to eliminate them, limit them or prevent access to them, temporarily or permanently, as well as deny access to the web to users who misuse the contents and / or breach any of the conditions that appear in this document
9.6 MAGAVICA informs that it does not guarantee:
That access to the web and / or the link websites is uninterrupted or error free.
Despite having taken all necessary measures, MAGAVICA cannot guarantee that the content or software that users access through the web or the link websites does not contain any error, computer virus or other elements in the contents that they may cause alterations in your system or in electronic documents and files stored in your computer system or cause other damage.
The use of the information or content of this website or link websites that users could make for their personal purposes.
10. LINKS TO OTHER WEB SITES
10.1 The online store may contain hyperlinks (known as "links" or "links") with other websites that may have no relationship with MAGAVICA.
10.2 The purpose of these links is to help the user during their searches and browsing, as well as to speed up the hypertextual connection to other websites. The activation of the links does not imply any recommendation or suggestion of MAGAVICA regarding access to these websites or browsing through its pages, nor any guarantee about their contents, their services or the goods they supply and sell to Internet Users.
10.3 MAGAVICA does not control said websites or their contents, nor carry out operations to monitor them. MAGAVICA cannot be held responsible for the contents of these websites or the rules they adopt regarding the user's privacy or the processing of their personal data while browsing through them.
12. MODIFICATION AND UPDATE OF THE CONDITIONS
12.1 MAGAVICA reserves the right to modify these Conditions of Use at any time, without prior notification to the user, who, in any case, is solely responsible for reviewing them as a prerequisite and essential to the purchase of any product available to through the Website. In any case, the Conditions of Use that were exposed on the web at the time the user acquires the corresponding services will be considered valid and applicable.
12.2 In the event that any clause of these Conditions of Use is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these Conditions. MAGAVICA may not exercise any of the rights and powers conferred in this document which will not imply in any case waiving them unless expressly recognized by MAGAVICA legal prescription of the action that in each case corresponds
13. APPLICABLE LEGISLATION AND CONFLICT RESOLUTION
13.1 These Conditions of Use are governed by Spanish legislation, as provided in Law 7/1998, of April 13, on General Contract Conditions, in Legislative Decree 1/2007, of November 16, which approves the General Law for the Defense of Consumers and Users and in other complementary laws, such as Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions, Organic Law 15/1999 , of December 13, on the Protection of Personal Data, Law 7/1996, of January 15, on Retail Trade Management and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce
13.2 To resolve any controversy or conflict arising from these Conditions of Use, E MAGAVICA is subject to the criteria of competence determination established in the applicable legislation on consumers and users.