PUBLIC OFFER AGREEMENT
1. General Provisions
1.1. The present purchase and sale terms (hereinafter referred to as the agreement) apply to orders made at the magiamarket.ru online store (hereinafter referred to as the online store) in Russian or English, between the person who placed the order (hereinafter referred to as the user or buyer) and Magia Luce Ltd. (hereinafter referred to as seller).
1.2. Relations in the field of consumer protection are regulated by the Civil Code of the Russian Federation, the Law of the Russian Federation on the Protection of the Consumers’ Rights and other federal laws and legal acts of the Russian Federation adopted in accordance with it.
1.4. The terms are based on fair trading principles, respect the rights and obligations of the buyer and are valid from January 1, 2020.
2. Subject of the agreement.
2.1. Public offer agreement is an agreement concluded between the buyer and the online store through an addressed or non-addressed offer by digital means of communication and information transmission (Internet, e-mail, telephone, etc.).
2.2. The agreement is valid from the moment when the buyer filled the cart in the online store, made an order by phone or e-mail, accomplished a partial or full payment for the selected product and received confirmation from the seller of the order placed.
2.3. The prices for the Goods are determined by the Seller in a unilateral indisputable manner and are indicated on the webpages of the online store.
2.4. Ownership of the ordered goods passes to the buyer from the moment the goods are actually transferred to the buyer and the latter pays the full price of the goods. The risk of the goods’ accidental loss or damage passes to the buyer from the moment of the actual transfer of the goods to the buyer.
2.5. The agreement must be executed by the parties within 45 days from the moment of its conclusion, unless another period has been agreed by the parties.
2.6. If the online store cannot fulfill the agreement within the prescribed period, the seller informs the buyer and can offer replacement goods at an equivalent price.
3. Rights and obligations of the buyer
3.1. The buyer is eligible to purchase any product or service in the online store in accordance with these agreement terms.
3.2. Only registered users can place an order in the online store, while the buyer has the right to register on the site only 1 (one) time, i.e. is eligible to have only one Personal Account.
3.3. All products in the online store hold manufacturer’s warranty of up to 5 years, depending on the goods.
3.4. The buyer can terminate the remote agreement and return the goods within 7 days.
3.5. The buyer can use the right to return the product if it has not been damaged, its appearance has not changed, it has not been used, and its original packaging has not been spoilt.
3.6. When returning the goods, it is obligatory to provide a document confirming the purchase, fill in an application and deliver the goods in full package and original packaging.
3.7. The buyer assumes an obligation to pay for the ordered goods and accept them in accordance with this agreement.
3.8. Photos of the viewed product in the online store may slightly differ from the proposed product. In order to specify the explicit characteristics of the product or eliminate inaccuracies associated with the order, please contact the seller.
3.9. The buyer assumes an obligation to ensure the security of log in and order data, and not to disclose them to third parties.
3.10. The buyer is responsible for the actions of third parties, if they were committed using the log in data of the buyer’s account.
3.11. If the data specified during registration change, the buyer must update their account independently.
3.12. When ordering goods, the buyer undertakes to indicate the place of goods delivery as well as other necessary data.
3.13. The buyer assumes an obligation to check the current publication and updates of this agreement.
4. Rights and obligations of the seller.
4.1. The seller is obliged to provide the buyer with the opportunity to use the services offered by the online store in accordance with these terms.
4.2. The seller assumes an obligation to deliver the ordered and paid by the buyer goods to the address specified by the buyer.
4.3. The seller, if being not sure of the information specified in the order, must contact the buyer at the specified phone number. In this case, the delivery time is calculated from the day when the seller contacted the buyer and confirmed the order.
4.4. The seller has the right to cancel the buyer's order without notice if the seller cannot reach the buyer within 2 (two) business days.
4.5. The seller has the right to extend the delivery of goods, if this occurs due to circumstances beyond seller’s control, for example, due to manufacturer’s lack of goods in stock, delays caused by a transport company, force majeure, etc.
4.6. In case of delays, the seller is obliged to immediately inform the buyer about that by phone or e-mail.
4.7. If the seller is unable to deliver the goods ordered by the buyer due to circumstances, an offer of an equivalent product must take place.
4.8. If the buyer does not accept the proposed equivalent product, the seller is obliged to return the money to the buyer within 10 (five) business days.
4.9. The seller is not responsible for expenses incurred by the buyer due to the delayed delivery of goods.
4.10. The seller has the right to cancel the order without notifying the buyer, if the buyer has not paid the invoice within 3 (three) business days after receiving it.
4.11. If the buyer tries to harm the work or safety of the online store or violates his obligations, the seller is eligible to limit or completely stop the buyer’s access to the online store immediately and without notice.
4.12. The seller has the right to terminate the provision of services, change the online store interface or its parts, as well as the offer, partly or completely, without any notification to the buyer.
4.13. The seller has the right to change the provisions of this agreement, prices for goods and charges for related services, methods and terms of payment and delivery of goods unilaterally by publishing them on the webpages of the magiamarket.ru online store. All changes take effect immediately after publication, and are considered brought to the notice of the buyer from the moment of such publication.
4.14. The seller has the right to record telephone conversations with the buyer. In accordance with Clause 4, Article 16 of the Federal Law “On Information, Information Technologies and Information Protection”, the Seller undertakes to prevent attempts of unauthorized access to information and / or transfer it to persons who are not directly related to the execution of orders as well as timely detect and suppress such facts.
4.15. The seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
4.16. Orders placed on behalf of legal entities will be subject to the current rate of value added tax of the Russian Federation.
4.17. Without agreement with the Buyer, the transfer of the rights and obligations specified in the Agreement to third parties is restricted.
4.18. If a system error in the online store caused a false mailing, the seller is eligible to cancel the buyer’s order before notifying the buyer.
4.19. The Magia Market online store does not keep the copies of the purchase contracts.
4.20. All information as published on the online store is the intellectual property of the seller and is protected by copyright law.
4.21. Any copying of materials, photographs and texts from the online store without the permission of the seller is prohibited.
5. Right to refuse.
5.1. The buyer may terminate the remote agreement and is eligible to return the goods within 7 days from the date of purchase. The procedure for the return of goods is regulated by article 26.1 of the federal law “On the Protection of Consumer Rights”.
5.2. In case when the buyer wants to exercise the right to refuse, he/she must personally inform the company’s customer service and send a corresponding written request to the specified contacts with a copy of the passport attached.
5.3. If the buyer makes use of the right to refuse, the seller assumes an obligation to return all payments received, however, transportation costs other than a free or the cheapest delivery method are to be borne by the buyer.
5.4. When customer paying with cards, cash refunds are not allowed. The return procedure is governed by the rules of international payment systems.
5.5. To return money to a bank card, you need to fill out the "Money Refund Application", which is sent by the Company to the email address upon your request, and send it back with a copy of the passport to email@example.com.
5.6. The refund will be made to the bank card within 21 (twenty-one) business days from the date of receipt of the "Money Refund Application".
5.7. To return money for mistaken transactions, you need to send us a written statement and attach a copy of your passport and receipts that confirm erroneous transactions. Send this statement to firstname.lastname@example.org.
5.8. The refund amount will be equal to the amount of the purchase. The term for reviewing the "Money Refund Application" is calculated from the moment the Company receives the Application and is calculated in business days, excluding holidays/weekends.
5.9. If the buyer makes use of the right to refuse, the seller’s obligation is to return the full amount paid, if possible earlier, but not later than within 30 calendar days from the day when the completed refusal form was submitted.
5.10. The seller returns the money only to the bank account indicated in the refusal form.
5.11. If the buyer makes use of the right to refuse, additional costs associated with the return of the goods or their delivery are to be borne by the buyer.
5.12. The buyer must deliver the goods to the company’s client center in Moscow, at the address Hodynskiy boulevard, 4, room 8011-2010, lighting store «Magia Luce» no later than 7 days after the day when the buyer announced his decision to cancel he contract.
5.13. If the buyer makes use of the right to refuse, the product can be used as long as necessary to test the performance, but without any manipulations, installations, and any activities including removal of the protective film.
5.14. During the validity period of the right to refuse, the consumer takes responsibility for product utilization that exceeds the product’s performance check and is incompatible with the principle of good faith, while reducing the cost or quality of the product.
5.15. The consumer cannot take advantage of the right to refuse if:
5.15.1. the price of the goods depends on fluctuations in the financial market beyond seller’s control and those that may arise during the exercised right to refuse;
5.15.3. the goods quickly deteriorated or expire soon;
5.15.4. the consumer has opened the packaging of the goods, which due to health and hygiene reasons cannot be returned if the packaging of these goods and/or the safety seal is damaged;
5.15.5. the goods characteristics make the product once delivered forever associated with other items;
5.15.6. the consumer requested the seller or supplier to come and fulfill urgent repairs or maintenance work.
5.15.7. the seller or service provider came to the consumer to provide additional services or deliver goods other than spare parts necessary for repair or maintenance, the right to refuse affects the specified additional services or goods;
5.15.8. the product features mechanical or external damage, which results in decreasing the cost of the goods.
6. Terms of warranty.
6.1.The warranty is valid for all products purchased by a private individual within 24 months from the date of purchase.
6.2. For clients who are not consumers, there is a warranty defined by the manufacturer.
6.3. The buyer who noticed the manufacturer’s failure must immediately transfer the goods back to the seller’s customer service along with the documents confirming the warranty and purchase.
6.4. If the manufacturer of the product you purchased has their own service center, we recommend contacting their specialists with the warranty issues.
6.5. The buyer may file a complaint about the availability or quality of goods in electronic form to the email address email@example.com or in writing to the address 125252, Moscow, Hodynskiy boulevard, 4, room 8011-2010, lighting store «Magia Luce».
6.6. The complaint will be reviewed within 15 business days from the day the complaint is received, and the response will be sent to the specified contact address.
7. Buyer data protection
7.1. We inform that the purpose of processing the submitted information (including individuals’ data) in the online store is to provide the services indicated on the website and assist in placing an order at www.magiamarket.ru.
7.2. Any information related to the user's personal data is collected for:
7.2.1. Identification of the owner of the ordered goods or services;
7.2.2. Delivery and installation of goods in the specified location;
7.2.3. Sending relevant information about the products and services offered;
7.2.4. Fulfillment of other contractual obligations.
7.3. By using the online store www.magiamarket.ru, the visitor agrees that Magia Luce Ltd., its trustees and partners, can collect and store data that will allow tracking and selecting:
7.3.1. the total number of the online store visitors;
7.3.2. the number of visitors in each section of the online store;
7.3.3. domain names of the Internet providers serving visitors;
7.3.4. IP addresses;
7.3.5. other data to improve and manage the online store.
7.4. The seller has the right to transfer to third parties the data collected and processed in the online store with the purpose of analyzing statistics and information; in this case, confidential data that could identify the buyer during the process are not revealed or transmitted, except the orders where the type of payment or form of the deal involves a tripartite relationship and the identity of the buyer must be verified.
7.5. The seller does not associate the user's IP address and e-mail with the identifying data.
7.6. All materials that are sent or entered into the online store forms become the property of the seller who in turn is eligible to use them for personal use, except for individuals’ data.
8. Force Majeure
8.1. Any of the Parties shall be exempted from liability for full or partial non-fulfillment of its obligations under this Agreement if this non-fulfillment was caused by force majeure circumstances arising after the signing of this Agreement. “Force Majeure Circumstances” imply extraordinary events or circumstances that such a Party could not have foreseen or prevented by available means. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, epidemics, wars, military operations, actions of Russian or foreign government bodies, as well as any other issues beyond the reasonable control of any Party.
9. Other circumstances
9.2. In case any item out of the above conditions expires, it will not affect the other conditions.
9.3. These Terms and Conditions comply with the laws of the Republic of Latvia.
9.4. Any discrepancies arising from the fulfillment of these conditions must be resolved by negotiation.
9.5. If there is an opportunity to reach an agreement, disputes should be resolved in accordance with the procedures specified in the acts of the Russian Federation.
10. Contact information and details
Magia Luce Ltd.
125252, Moscow, Hodynskiy boulevard, 4, room 8011-2010.
125252, Moscow, Hodynskiy boulevard, 4, room 8011-2010.
+7 (495) 21-03-777
4070 2810 5011 0000 7067
3010 1810 2000 0000 0593