General terms and conditions

1. The following General Terms and Conditions constitute a part of the contractual relationship between Magma Art, Calle el Rayo 4, Teguise, Lanzarote, Spain, and the customer (orderer). We do not accept deviant terms and conditions imposed by the customer except in exceptional cases and if we have accepted them explicitly in writing.

1. The customer has the right to return the goods within a two week period after delivery, without specifying any reasons. In order to adhere to the time limit, the goods must be returned in a timely fashion. The date of the postmark is thereby determinant. It is also sufficient to submit a written notice (by mail, fax or email), within the time limit, of the desire to return the goods. This notice must be acknowledged. Returns may only be sent to: Magma Art, Calle el Rayo 4, Teguise, Lanzarote, Spain. Notices should be sent via fax to +34 928 845 450 or via email to Info@magma-art.com.
2. The goods must be in an immaculate condition. In case of any deterioration of the condition of the goods, suitable compensation will be requested. The goods must be returned unopened in their original packaging. Once the goods have been returned, the purchase agreement is rescinded. Payments that have been made will be remitted to the customer. For this, the customer must specify his/her bank details.
3. Upon receipt of the goods, the customer should examine its condition. Any claims for damages must be asserted toward the delivery service (confirmation of the damage by the deliverer).
4. For goods of a value exceeding 200.- EUR, Magma Art will pay the costs for the return consignment. If the value of the goods is lower than 200.- EUR, the customer pays the costs for the return consignment. In principle, we refuse to accept goods that are sent as freight collect, and we retain the right to pick up the goods or to reimburse the customer for the return costs of a regular shipment.

1. Once the order has been received, it is processed immediately. Magma Art strives to achieve short delivery times. As a rule, ordered goods are delivered to the customer within seven days. In case of delays in delivery, for example because an article is temporarily not stocked or is out of stock, the customer is informed of this immediately. If the goods are needed by a certain time, we must be informed of this at the time when the order is placed.
2. Should the customer require a binding delivery time, this must be approved by us.
3. The delivery time deadline is deemed to have been met if the delivery service makes a delivery to the specified place of delivery on time. If the attempt to deliver was not successful, there is default of acceptance on the part of the customer. It is permitted to make a delivery in the neighborhood, the neighborhood must then be informed of this.
4. In case of acts of God and in situations for which Magma Art is not responsible, the delivery time may be extended.
5. In case of unreasonably long delivery delays, the customer may withdraw from the contract. Then, however, no claims for damages may be submitted due to non-fulfilment. This right only applies in case of premeditation or gross negligence.

1. Magma Art will deliver the goods against advance payment through bank transfer or against payment with a credit card via a credit card processing service (such as Paypal*). Cash payment or payment with checks must be agreed upon in advance. Should a delivery not be possible, the customer is charged for the extra costs that arise.
2. In the shop, the shipping costs are specified next to the price of the article. As a principle, the shipping costs for goods valued up to 100.-EUR constitute 8.50EUR; if the value is higher, shipping is free. For articles with explicitly specified shipping costs, the value of the goods is not used to calculate the shipping costs.
3. The shipping costs that are specified apply within the EU. Shipping costs for deliveries to non-EU countries will be provided upon request.
4. Cash discount deductions by the customer are categorically excluded.

1. The prices and offers that can be found in the Online Shop are subject to change and are non-binding. We reserve the right not to accept an order. Statements regarding delivery, goods and services should be seen as product descriptions.
2. Obvious defects in the goods must be reported immediately, at the latest 2 weeks after the receipt of the goods. If this time limit is exceeded, the warranty expires.
3. In case of defects that are not obvious and that constitute a substantial lowering of the value of the goods, or if the goods do not have the characteristics that were promised, the customer has a warranty period of 2 months after delivery. Defects that arise must be reported immediately in writing. In this case, Magma Art reserves the right to rectify the defect. If the rectification should fail repeatedly, the customer has the right to an annulment or a reduction.
4. Magma Art does not provide a warranty for normal signs of wear and tear in the goods, nor for defects that have arisen through improper use by the customer.

1. The legally mandated I.G.I.C. (value-added tax) is specified together with the prices. The prices apply that are specified at the time when an order is placed. Overlaps are at the expense of Magma Art.
2. When delivering to a third country, the I.G.I.C. is on principle not refunded.

1. The goods remain the property of Magma Art until it has been paid in full, no matter on what legal grounds.
2. In case of payment delays on the part of the customer, interest is charged in the amount of the bank rates for short-term credit at the time, but at least in the amount of 2.5% above the bank interest rate of the European Central Bank at the time.

1. In order to be able to process an order, the customer is specifically asked to provide data that identify him/her personally (personal data). To the extent that it is required for processing the order, Magma Art will make this personal data available to third party service providers (for example sub-contractors), in order to process shipping. Beyond this, data that is stored at Magma Art is not passed on to third parties and is not used for advertising or marketing purposes without the approval of the customer.
2. Through the conclusion of the agreement, Magma Art customers agree that newsletters and email advertising will be sent to them. If a customer does not wish to receive this advertisinig, he/she must immediately inform Magma Art of this in writing or via email. The customer is then removed from the distribution list.

1. If changes are undertaken in the Terms of Delivery, Magma Art will inform their customers in good time. Magma Art reserves the right to make technical and optical changes to the goods that are offered in the Online Shop as well as any typing errors. This also applies to the newsletter and other forms of advertising.

1. As a matter of principle, no influence is exerted on and no responsibility is taken for the content of links to other Internet sites that are placed on the website of Magma Art. Nor does Magma Art embrace the content of these other websites. This applies to all links that are published on this website and to all the websites that these links lead to.

1. The place of fulfilment and the place of jurisdiction for all disputes is principally Arrecife, Lanzarote, unless this is contradicted by other laws.
2. Exclusively Spanish jurisprudence applies.
3. If any one of these provisions should violate current legislation, then only this provision becomes invalid. It should be replaced by a provision that comes as close to these Terms and Conditions as possible. The validity of the other provisions thereby remains untouched. In this respect, the severability clause applies.

*) Paypal^® is a registered trademark.

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