TERMS & CONDITIONS

Overview

This website is operated by MAGONI. Throughout the site, the terms “we”, “us” and “our” refer to MAGONI. MAGONI offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

 

Site Imagery and Design

Each jewellery piece is handmade (except for small chains for small pendants) and slight variations in construction and decoration are normal. All gemstone materials are natural and each example is unique. No guarantees are made regarding consistency and you should expect a beautiful variety in every piece and order.

MAGONI provides images of each item on the Site and endeavours to show as much detail as possible. However, viewing images online has its disadvantages as the size and colour of the images may vary across digital screens and mobile devices.

 

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

Errors & Inaccuracies

We make every attempt to ensure that our online catalogue of products is as accurate and complete as possible. Unfortunately, it is not possible to ensure that it may not be completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing, availability, and product information.

MAGONI reserves the right to correct any errors, inaccuracies or omissions -including after an order has been submitted- and to change or update information at any time without prior notice. Prices and descriptive information or imagery are subject to change without notice. If a product’s listed price is lower than its actual price, we will contact you prior to processing the order to confirm the new price. Should you not want to continue with your order at this time, it will be cancelled. We will not honour inaccurate or incorrect pricing.

 

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

Your Obligations

You must ensure that the contact details that you provide in your Order and/or your account held at our Website are complete and accurate.

When creating your account through our Website, you shall be responsible for ensuring that your username and password are kept confidential and are not disclosed to a third party.

We shall have the right to suspend or disable your access to the account if we become aware or have reason to believe that a third party has gained access over your account, or we are of the opinion that you are in breach of these Conditions.

It is your responsibility to ensure that when you purchase Goods, you are not breaching any local laws or rules applicable to you and that may apply in the designated place of delivery. Should a legal restriction or embargo apply in relation to the Goods ordered by you (including where Goods are delayed by customs or import restrictions in the country where you have requested delivery), we may not be able to deliver the Goods to you and we will not be responsible for any loss, cost or damages as a result. In that case, you will still have to cover the Charges.    

You warrant that the Goods are for personal, and not commercial use.

 

Industrial and Artistic Property Rights

All industrial and artistic property rights related to the brands and product designs belong exclusively to MAGONI. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or the Site. You acknowledge that the Site and the Service contains copyrights, trademarks, service marks, or other intellectual property of MAGONI and may not be copied, imitated or used, in whole or in part, without the prior written permission of MAGONI or the applicable trademark holder.

Failure to respect these provisions and the legal provisions related to industrial and artistic property rights shall constitute an act of counterfeit and/or an act of unfair competition punishable under current laws and which may give rise, inter alia, to the payment of damages.

 

Prices & Orders

All prices displayed in the Company Services are quoted in EUROS. Company may, in its discretion, restrict delivery to certain countries. Company will add shipping and handling fees and applicable sales/use tax. Products and services offered on this site are available while supplies last.

The receipt by you of an order confirmation does not constitute MAGONI's acceptance of an order. Prior to MAGONI's acceptance of an order, verification of information and approval of the order may be required. MAGONI reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from MAGONI, for any reason. MAGONI reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

Payment in whole, by credit card or debit card, is required before dispatch of goods. Once we have received payment, we will confirm that your order has been accepted by sending a confirmation email to you at the email address you provide in your online order form. Goods supplied by Atelier Molinari to customers remain the property of the company, until paid for in full by the customer.

Company shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

 

Value-Added Taxes

The final Price or an order includes VAT and the cost of insurance and standard packaging other than where additional packaging is required by virtue of a request made.

Please note you will be liable for import duties in the usual way and your local customs office should be able to help you with this.

 

Delivery & Returns 

Please view our Delivery & Returns for full details

 

Submissions

Except as otherwise expressly provided herein or in Company's separately posted Privacy Statement, any communication or material you transmit to Company through the Company Services by electronic mail or otherwise, including without limitation any images, photographs, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Company, including without limitation reproduction, modification, disclosure, transmission, publication, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law.  Furthermore, Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Company through the Company Services for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such communication.

 

Third Party Sites

Your dealings with advertisers or any links or third-party sites found on or through the Service are solely between you and such third-party. Because MAGONI has no control over such sites and resources, you acknowledge and agree that MAGONI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, materials, advertising, products, promotions or any other activities or events. We suggest that you carefully read the applicable terms and privacy policies of any other site you may visit.

 

Disclaimer of Warranties 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. MAGONI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAGONI MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAGONI OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

Limitation of Liability

If you do not receive goods ordered by you within ten working days of the date on which you ordered them (or 12 working days if International order), we shall have no liability to you unless you notify us by e-mail of the problem within 14 days of the date on which you ordered the goods. If the goods we deliver are not what you ordered, or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email of the problem within 48h of the delivery of the goods in question.

Claims can only be made by email to concierge@magoni.co. Any claims made prior to any communication with the MAGONI´s Customer Service will not be considered.

All goods must be counted and checked at the time of delivery. Any damage or faults must be reported on receipt of the goods. This does not affect your statutory rights as a consumer.

Any claim in respect of the above should be made by emailing concierge@magoni.co within 48hrs of delivery.

No claims will be entertained unless the above conditions are strictly adhered to. No credit or refund will be given for any goods ordered in error by the customer.

No credit or refund will be given for any losses due to the incorrect storage or handling by the customer of any goods supplied by MAGONI.

These terms and conditions shall be governed by and construed in accordance with Spanish law and exclusive jurisdiction of the Spanish courts in the event of a dispute.

 

Indemnity

You agree to release, indemnify, defend, and to hold MAGONI and its subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs regarding your breach of the Terms and/or any claim or demand made by any third party due to or arising out of your use of the Site or Service or your violation or alleged violation of any rights of another.

 

Age Policy

By agreeing to these Terms and Conditions, you represent that you are at least 18 years of age and you have given us your consent to allow any of your minor dependents to use this site.

 

For questions regarding these Terms, please email concierge@magoni.co.