TERMS OF SERVICE OF THE ONLINE STORE
These Regulations determine the general terms, rules and method of sales carried out by Aluna Mago, via the online store www.alunamago.com (hereinafter referred to as: "Online Store”).
§ 1 Definitions
1. Business days - mean days of the week from Monday to Friday, excluding public holidays.
2. Delivery - means a factual act consisting of delivering Goods specified in the order to the Customer by the Seller, through the Supplier.
3. Supplier - means a courier company with which the Seller cooperates in the scope of Delivery of the Goods.
4. Customer - means an entity for which services may be provided electronically, in accordance with the Regulations and provisions of the law, or with which the Sales Agreement may be concluded.
5. Consumer - means a natural person performing an act in law with the Online Store, which is not directly associated with business activity or professional activity of such natural person.
6. Regulations - mean these regulations.
7. Store’s Website - means websites, which are used by the Seller to operate its Online Store, operating in the following domain: www.alunamago.com.
8. Goods - means a product presented by the Seller via the Store’s Website, which can be the subject of the Sales Agreement.
9. Durable medium - means a material or tool that allows the Customer or the Seller to store information addressed personally to it, in a manner that allows access to information in the future for a time appropriate for the intended purposes of such information, and which allows the stored information to be reproduced in unchanged form.
10. Sales Agreement - means a sales agreement concluded remotely, on the terms and conditions determined in the Regulations, between the Customer and the Seller.
§ 2 General provisions and the use of Online Store
1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, Store’s Website, as well as to patterns, forms, logos posted on the Store’s Website (except logos and photos presented on the Store's Website for the purposes of presenting the goods, the copyrights of which belong to third parties) belong to the Seller, while their use can only take place in a manner determined in the Regulations and in accordance with the Regulations, as well as with the Seller's consent expressed in written form.
2. In order to place an order in the Online Store through the Store’s Website or via e-mail, and in order to use the services available on the Store’s Websites, it is necessary for the Customer to have an active e-mail account.
3. It is prohibited for the Customer to provide illegal contents and to use the Online Store, Store’s Website or free services provided by the Seller in an unlawful manner or in a manner contrary to accepted principles of morality or in a manner violating personal rights of third parties.
4. It is prohibited to use resources and functions of the Online Store for the purpose of conducting business activity by the Customer, which would violate the interests of the Seller
§ 3 Orders
1. The information contained on the Store’s Website does not constitute an offer of the Seller within the meaning of the Civil Code and it only constitutes an invitation for the Customers to submit offers of concluding the Sales Agreement.
2. The Customer may place orders in the Online Store 7 days a week, 24 hours a day, through the Store’s Website or through e-mail.
3. While placing an order via the Store’s Website, the Customer completes the order by selecting the Goods, in which the Customer is interested in. Adding the Product to the order is carried out by selecting the “ADD TO CART” button under the given Goods presented on the Store’s Website. After completion of the entire order and after selecting Delivery method and payment method in the “CART”, the Customer places an order by sending the order form to the Seller, by selecting the “SUBMIT PAYMENT" button on the Store’s Website. Each time before sending the order to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as all additional costs which the Customer is obliged to incur in relation to the Sales Agreement.
4. Placement of the order constitutes submitting an offer by the Customer to the Seller to conclude the Sales Agreement for the sale of Goods, which are the subject of the given order.
5. After placement of the order, the Seller sends a confirmation of its placement to the e-mail address provided by the Customer.
6. Subsequently, after confirming placement of the order, the Seller sends information about acceptance of the order for implementation to the address provided by the Customer. Information about acceptance of the order for implementation is the Seller’s statement on acceptance of the offer, which is referred to in §3, section 6 above, and the Sales Agreement is concluded upon its receipt by the Customer.
7. After conclusion of the Sales Agreement, the Seller confirms to the Customer its terms, by sending them on a Durable Medium to the email address of the Customer or in writing to the address indicated by the Customer during placement of the order.
§ 4 Payments
1. Prices provided on the Store’s Website, placed by the given Goods, constitute gross prices and they do not contain information on the costs of Delivery and any other costs, which the Customer will be obliged to pay in connection with the Sales Agreement and about which the Customer will be informed during selection of the Delivery method and placement of the order.
2. The Customer may select the following forms of payment for the ordered Goods:
a) Payment through Online Store via “Stripe.com" gateway (in this case, implementation of the order will be started after the Seller sends confirmation of the order acceptance to the Customer and after obtaining information from "Stripe.com" about receipt of the funds). Further terms of service of “Stripe.com” can be found at: https://stripe.com/en-es/checkout/legal .
3. Each time, the Customer is informed by the Seller on the Store’s Website about the time-limit, within which the Customer is obliged to make the payment for the order, in the amount resulting from the concluded Sales Agreement.
4. If the Customer fails to make the payment within the time-limit referred to in §4, section 3 of the Regulations, the Seller determines an additional time-limit for the Customer to make the payment and informs the Customer about it on a Durable Medium. Information about the additional time-limit for making the payment also includes information that after the ineffective expiration of this time-limit, the Seller will withdraw from the Sales Agreement.
§ 5 Delivery
1. The Seller implements Delivery worldwide.
2. The Seller is obliged to deliver the Goods, which are the subject of the Sales Agreement, without any defects.
3. The Seller posts information on the number of Business Days needed for the Delivery and implementation of the order on the Store’s Website.
4. Ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
5. On the day of sending the Goods to the Customer (if the option of personal collection of the Goods has not been selected), the information confirming sending of the parcel by the Seller is sent to the Customer’s email address.
6. The Customer is obliged to examine the delivered parcel within a time and in the manner accepted for parcels of the given type. In the case, when a loss or damage to the parcel is found, the Customer has the right to demand from the Supplier's employee the preparation of appropriate protocol.
7. In the case of Customer absence at the address indicated by the Customer, which was providing during placement of the order as the Delivery address, the Supplier's employee will leave a notice or will attempt to contact the Customer via telephone, in order to determine the date on which the Customer will be present. In the case, when the Supplier sends back the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer via e-mail or via telephone, in order to arrange another date and cost of the Delivery.
§ 6 Warranty
1. The Seller ensures Delivery of the Goods free from physical and legal defects. The Seller is responsible in regard to the Customer, if the Product has a physical or legal defect (warranty).
2. If the product has a defect, then the Customer may:
a) submit a statement of withdrawal from the Sales Agreement, unless the Seller, immediately and without excessive inconvenience for the Customer, replaces the defective Goods for Goods that are free from defects or removes the defect.
This limitation does not apply, if the Goods have already been replaced or repaired by the Seller or if the Seller has not satisfied the obligation to replace the Goods with Goods that are free from defects or to remove the defects. Instead of the proposed removal of defect by the Seller, the Customer may request replacement of the Goods with Goods that are free from defects, or instead of the replacement of the Goods, the Customer may request repair of the defect, unless it is impossible to make the defective Goods compliant with the agreement in a manner chosen by the Customer, or unless it would require excessive costs compared to the method proposed by the Seller. During assessment of the excess of costs, the value of the Goods free from defects, type and significance of the found defect is considered, as well as the inconvenience to which the Customer would be exposed in the case of other method.
b) demand replacement of defective Goods with Goods that are free from defects, or demand removal of the defect. The Seller is obliged to replace the defective Goods with Goods that are free from defects, or remove the defect within reasonable time and without excessive inconvenience to the Customer.
The Seller may refuse to satisfy the Customer's request, if it is impossible to make the defective Goods compliant with the agreement in a manner selected by the Customer, or if it would require excessive costs compared to the other method of making the defective Goods complaint with the Sales Agreement. Costs of repair or replacement shall be borne by the Seller.
3. The Customer, who exercises its rights under the warranty, is obliged to deliver the defective Goods to the Seller’s address. In the case, when the Customer is a Consumer, the delivery cost is covered by the Seller.
4. The Seller is responsible under the warranty, if the physical defect is found before the expiration of 1 year from the issue of the Goods to the Customer. A claim regarding the removal of a defect or replacement of the Goods with Goods that are free from defects expires after one year. If the Customer requested a replacement of the Goods with Goods that are free from defects, the time-limit for withdrawal from the Sales Agreement starts at the moment of ineffective expiration of time-limit for replacing or removing defect of the Goods.
5. Any complaints associated with the Goods or implementation of the Sales Agreement may be addressed by the Customer in written form to the Seller's address.
6. Within 14 days from the date of the request containing the complaint, the Seller must respond to the complaint regarding the Goods or complaint associated with implementation of the Sales Agreement, submitted by the Customer.
§ 8 Indemnification
1. The customer agrees to indemnify, defend and hold harmless Aluna Mago and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees), due to Customers operation of the Goods from and after delivery, or made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
§ 7 Protection of personal data
1. Principles of the protection of Personal Data are determined in our Privacy Policy.
These Regulations come into force on 01.09.2020.