Terms and conditions

Terms and conditions of service

This document sets out the general terms and conditions under which the use of the website www.magiktargofficial.com is offered to users.

1. Definitions

To allow for a complete understanding and acceptance of these terms and conditions, the following terms, in both the singular and plural, shall have the meaning indicated below.

• Application: the website www.magiktargofficial.com

• Products: the products provided to the user by the Owner

• User: any subject that accesses and uses the website

• Consumer User: the adult natural person who enters into a contract for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity they may carry out

• Conditions: this contract governing the relationships between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.

2. Scope of the Conditions

The use of the Application implies the User's acceptance of the Conditions. If the User does not intend to accept the Conditions and/or any other note, legal notice, or information published or referred to therein, they may not use the Application or its related services.

The Conditions may be modified at any time.

The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.

Before using the Application, the User is required to read the Conditions carefully and to save or print them for future reference.

The Owner reserves the right to vary at their own discretion, at any time, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating the relevant instructions to the User, if necessary.

3. Purchase or request for supply through the site

All Products offered through the site are described in detail in their respective product pages (quality, characteristics, availability, price, delivery times and costs, ancillary charges, etc.). Some errors, inaccuracies, or small differences between what is published on the site and the actual Product may occur. Furthermore, any images of the Products are representative only and do not constitute a contractual element.

Purchases and/or requests for supply of one or more Products through the Application are permitted to Consumer Users.

For natural persons, purchases and/or requests for supply are permitted only provided that they are of legal age. For minors, every purchase and/or request for supply of Products through the Application must be vetted and authorized by parents or those exercising parental responsibility.

The offer of Products through the Application constitutes an invitation to treat, and the order sent by the User will serve as a contractual proposal for purchase and/or request for supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have the right, at their own sole discretion, to accept or reject the User’s order without the latter being able to object or complain about anything for any reason and/or cause.

The contract of sale or supply of the Products is considered concluded with the Owner's acceptance of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the email address indicated by the User or by displaying an order confirmation web page, which will indicate the order date, User details, characteristics and availability of the Product, the price or method of calculating the price, any further ancillary charges and taxes, the delivery address, delivery times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion, and the warranty.

The contract of sale or supply of the Products is not considered effective between the parties in the absence of what is indicated in the previous point.

In the event that the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking whether they intend to confirm the order or not. It is understood that the contract will be considered finalized only for the Products accepted by the Owner.

The User agrees to verify the accuracy of the data reported in the order confirmation and to immediately communicate any errors to the Owner, and will save a copy of their order, the relative confirmation, and the Conditions.

4. Prices and payments

For each Product, the price is indicated inclusive of VAT, if due. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated.

Furthermore, all possible taxes, additional expenses, and delivery costs that may vary in relation to the destination, the chosen delivery method, and/or the payment method used will be indicated. If such cost items cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.

The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will not in any way prejudice contracts already concluded before the modification.

The User agrees to pay the price of the Product in the times and ways indicated in the Application and to communicate all necessary data that may be requested.

The Application uses third-party tools for payment processing and does not come into contact with the payment data provided in any way (credit card numbers, cardholder names, passwords, etc.).

If such third-party tools deny payment authorization, the Owner will not be able to provide the Products and cannot be held responsible in any way.

5. Invoicing

The User who wishes to receive an invoice will be asked for billing details. For the issuance of the invoice, the information provided by the User will be relied upon, which they declare and guarantee to be truthful, releasing the Owner from any liability in this regard.

6. Delivery methods for tangible Products

Tangible Products and/or digital goods provided on a physical medium will be delivered to the address indicated by the User, in the ways and within the timeframe chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment it is taken over by the courier.

In the event that it is not possible to provide the requested Products, prompt notice will be given to the User via email, with an indication of when they are expected to be delivered or the reasons that make the supply impossible.

If the User does not intend to accept the new term or if delivery has become impossible, they may request a refund of the amount paid, which will be credited promptly using the same payment methods used by the User for the purchase, at the latest within 14 days from the date on which the Owner became aware of the refund request.

Upon receipt of the Product, the User is required to verify its conformity with the order placed as well as the integrity of the packaging. In the event that there are obvious damages to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no cost to themselves. Once the delivery document has been signed, the User may not raise any objection regarding the external characteristics of the delivered Products.

The Owner shall not be liable to any party or third party for damages, losses, and costs incurred following the non-execution of the contract due to force majeure.

7. Right of withdrawal of Consumer Users from the purchase of tangible Products

A Consumer User who for any reason does not feel satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the email address info@magiktarg.com

In the case of separate delivery of several Products ordered by the Consumer User in a single order, the 14-day period for exercising the right of withdrawal starts from the day on which the last Product was received.

In the event of withdrawal, the Consumer User must return the Product to the Owner without undue delay and in any case no later than 7 days from the date on which they communicated their decision to withdraw from the contract. The Consumer User will bear only the direct cost of returning the Product, unless the Owner has declared that they will bear it.

In the event of a properly exercised withdrawal, the Owner will refund the payments received from the User using the same payment methods used by the User for the initial transaction, without undue delay and in any case within 7 days from the day the User communicated their intention to withdraw from the contract.

The Owner is not obliged to refund delivery costs if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.

The Owner, unless they have offered to collect the Product themselves, may withhold the refund until they have received the Product or until the Consumer User has demonstrated that they have sent it back.

The Owner will not accept the return if the Product has already been unpacked and therefore the packaging is no longer intact. In such cases, the Owner will return the purchased Product to the sender, charging them for the shipping costs.

8. Optional form to exercise the right of withdrawal

The User may withdraw using the following form which must be completed in all its parts and sent to the email address info@magiktarg.com before the expiry of the withdrawal period:

I hereby communicate the withdrawal from the contract of sale or supply relating to the following product __________

Order number:_______

Ordered on: _______

First and Last Name: _______

Address: ______

Email associated with the account from which the order was placed: ____________________

Date: __________

9. Conformity warranty of tangible Products for Consumer Users

The legal warranty of conformity, provided for by articles 128-135 of the Consumer Code, is recognized for all Products sold through the Application that fall into the category of "consumer goods," as regulated by art. 128, paragraph 2 of the Consumer Code: any movable good, even to be assembled, except I) goods subject to forced sale or otherwise sold by judicial authorities, including by delegation to notaries, II) water and gas, when not packaged for sale in a limited volume or specified quantity, III) electricity.

The legal conformity warranty is reserved solely for Consumer Users.

The Owner has the obligation to deliver to the Consumer User Products that comply with the contract of sale. Products are presumed to comply with the contract if, where relevant, the following circumstances coexist:

a. they are suitable for the use for which goods of the same type are habitually used

b. they comply with the description made by the Owner and possess the qualities of the good that the seller presented to the Consumer User as a sample or model

c. they present the habitual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, if applicable, public statements on the specific characteristics of the Products made in this regard by the Owner, the producer, or their agent or representative, in particular in advertising or on labeling

d. they are also suitable for the particular use desired by the Consumer User and which has been made known by them to the Owner at the time of the conclusion of the contract and which the Owner has accepted even by conclusive facts.

Any breakdowns or malfunctions determined by accidental events or by the responsibility of the Consumer User or by use of the Product not in compliance with its intended use and/or what is provided for in the attached technical documentation are therefore excluded from the scope of the conformity warranty.

The lack of conformity that manifests itself within 24 months from the date of delivery of the Product must be reported within 2 months of the date of discovery of the defect.

Unless proven otherwise, it is presumed that the lack of conformity that manifests itself within 6 months from the delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. After 6 months, it will be up to the Consumer User to provide proof that the damage was not caused by incorrect or improper use of the Product.

Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to the restoration of the conformity of the Product, without charge. To this end, the Consumer User may choose between the repair of the Product or its replacement.

This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively burdensome.

Furthermore, the Consumer User has the right to an adequate reduction of the price or to the termination of the contract, only if one of the following situations occurs: I) repair and replacement are impossible or excessively burdensome; II) the Owner has not provided for repair or replacement within a reasonable time; III) replacement or repair has caused significant inconvenience to the Consumer User.

If the Consumer User intends to take advantage of the remedies provided by the conformity warranty, they must send a written communication to the email address info@magiktarg.com. The Owner will respond promptly to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the defect reported.

10. Content uploaded by Users

The User may upload Content to the Application, provided it is not illicit (i.e., obscene, intimidating, defamatory, pornographic, abusive, or in any way illegal or infringing on privacy, intellectual and/or industrial property rights of the Owner and/or third parties), deceptive, or in any other way harmful to the Owner and/or third parties, or does not contain viruses, political propaganda, commercial solicitation, mass email, or any other form of spamming. In the event of a dispute by third parties, the User assumes full responsibility and agrees to indemnify and hold the Owner harmless from any damage, loss, or expense.

The User guarantees that the Content is sent to the site through their account by adults. For minors, the sending of Content must be vetted and authorized by parents or those exercising parental responsibility.

The User is totally and exclusively responsible for the use of the Application with regard to the functions of publication, consultation, management of Content, and contact between Users, and is therefore the sole guarantor and person responsible for the accuracy, completeness, and legality of the Content and their own behavior.

It is forbidden to use an email address that does not belong to the User, to use the personal data and credentials of another User in order to appropriate their identity, or in any other way to misrepresent the origin of the Content.

The Owner is unable to ensure punctual monitoring of the Content received and reserves the right to delete, move, or modify at any time those which, at its sole discretion, appear to be illicit, abusive, defamatory, obscene, or infringing on copyright and trademark rights, or otherwise unacceptable.

Users grant the Owner a non-exclusive right to use the Content submitted, without geographical restrictions. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, broadcast, create derivative works, host, index, store, annotate, encode, edit, and adapt (including, without limitation, the right to adapt for transmission via any communication method) in any form, any Content (including images, messages, including audio and video) that may be submitted by the User, including through third parties.

Submitted Content will not be returned and the Owner will not be liable to Users for the loss, modification, or destruction of the transmitted Content.

It is expressly forbidden, unless explicitly authorized by the Owner: I) the use of automatic ad-posting systems, except for those expressly authorized, II) serial publication and/or management of ads on behalf of third parties by any means or method, III) reselling the Owner’s services to third parties.

11. Industrial and Intellectual Property Rights

The Owner declares that it is the owner and/or licensee of all intellectual property rights related to and/or pertaining to the Application and/or the Content available on the Application. Therefore, all trademarks, whether figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, and content related to the Application are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.

The Terms do not grant the User any license to use the Application and/or individual contents and/or materials available therein, unless otherwise provided.

Any unauthorized reproduction in any form of the explanatory texts and Content of the Application will be considered a violation of the Owner’s intellectual and industrial property rights.

12. Disclaimer of Warranty

The Application is provided "as is" and "as available," and the Owner provides no explicit or implicit warranty in relation to the Application, nor does it provide any guarantee that the Application will meet Users' requirements, that it will never be interrupted, that it will be error-free, or that it will be free of viruses or bugs.

The Owner will endeavor to ensure that the Application is available 24 hours a day without interruption, but it cannot in any way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, or for reasons entirely beyond the Owner's control or due to force majeure events.

13. Limitation of Liability

The Owner cannot be held liable to the User, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions related to the use of the internet that are beyond its or its suppliers' control.

Furthermore, the Owner will not be liable for damages, losses, and costs suffered by the User as a result of failure to execute the contract due to causes not attributable to it, with the User being entitled only to a potential full refund of the price paid and any related ancillary charges incurred.

The Owner assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other payment methods, as it does not come into contact with the payment data used (credit card number, cardholder name, password, etc.) in any way.

The Owner will not be liable for:

• any loss of business opportunity or any other loss, even indirect, potentially suffered by the User that is not a direct consequence of the Owner's breach of contract

• incorrect or unsuitable use of the Application by Users or third parties

• the issuance of incorrect tax documents or data due to errors regarding data provided by the User, with the latter being solely responsible for correct entry

In no case shall the Owner be held liable for a sum greater than double the cost paid by the User.

14. Force majeure

The Owner cannot be held liable for failure or delay in the performance of its obligations due to circumstances beyond the Owner's reasonable control resulting from force majeure events or, in any case, unforeseen and unpredictable events, and in any event, beyond its control.

The fulfillment of obligations by the Owner shall be considered suspended for the period during which force majeure events persist.

The Owner will take any action within its power to identify solutions that allow for the proper fulfillment of its obligations despite the persistence of force majeure events.

15. Links to third-party sites

The Application may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is not responsible in any way for the content of these sites/applications.

Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third parties will apply to the individual services, for which the Owner assumes no responsibility.

16. Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at the page privacy-policy

17. Applicable law and competent jurisdiction

The Terms are subject to Italian law.

For Consumer Users, any dispute relating to the application, execution, and interpretation of these Terms shall be referred to the court of the place where the Consumer User resides or has their domicile, if located within the Italian territory, without prejudice to the Consumer User's right to appeal to a court other than the "consumer court" pursuant to art. 66 bis of the Consumer Code, which has territorial jurisdiction according to one of the criteria set out in arts. 18, 19, and 20 of the Code of Civil Procedure.

The application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence is reserved, particularly in relation to the deadline for exercising the right of withdrawal, the deadline for returning Products, in case of exercising such right, the methods and formalities for the communication thereof, and the legal guarantee of conformity