Last updated 09 April 2022
In the Agreement, the following terms, expressed in the singular or plural, take on the meaning indicated below:
a) Magic Account : the personal account of each Customer created following Registration on the Platform in order to be able to take advantage of Magic Checkout and consult their position by sending an email request to email@example.com with reference to the purchases made and / or further information on Magic Checkout initiatives;
b) Method of Payment : any payment method accepted by Magic, if available (for example credit card, debit card, prepaid card or bank account, Paypal), the details of which have been provided by the Customer at the time of Registration, by be used to debit the payments due by the Customer for the purchase of the Products, as well as for the crediting of any refunds or that different payment method used in place of the one initially indicated in the course of the relationship;
c) Customer : any natural person who intends to use Magic Checkout;
d) Contract : this contract through which Magic makes the Platform available to the Customer, allowing them to take advantage of Magic Checkout;
e) Magic : Magic Checkout Srl, a company incorporated under Italian law with registered office in Via Giuseppe Mazzini 9, 20123 Milan, CF / VAT 12138150961, REA n. MI - 2643640, PEC firstname.lastname@example.org;
f) Magic Checkout : the service that allows the Customer to purchase the Products of the Sellers through a fast checkout option, automatically using the information relating to the Customer's name and surname, the Payment Method and the delivery address indicated by the Customer at the time of Registration;
g) Platform : the IT and digital infrastructure set up by Magic in order to allow the Customer to purchase Products from the Seller's Website through Magic Checkout;
h) Prohibited Products : any good and / or service that cannot be purchased through Magic Checkout as it is subject to restrictions and, in particular:
i) products and / or services whose sale is prohibited in the European Union;
ii) products and / or services that infringe intellectual property, including - but not limited to - counterfeit goods and illegally copied software;
iii) dangerous products, potentially suitable for causing physical or mental harm, including weapons, ammunition, explosive materials, fireworks, instructions for the manufacture of explosives or other harmful products, narcotic and / or psychotropic substances, including any material o equipment for the production, marketing and / or consumption of narcotic substances (even if the sale is permitted by current legislation), tobacco products;
iv) pornographic material;
v) products and / or services relating to gambling;
vi) products and / or services functional to the commission of crimes or illegal conduct of any nature;
vii) products and / or services prohibited to minors;
viii) any other product or service that Magic considers, in its sole discretion, dangerous, inappropriate or high risk.
i) Product : any good and / or service that can be purchased by the Customer at the Seller's Website through Magic Checkout;
l) Registration : the registration of the Customer on the Platform, necessary to take advantage of Magic Checkout;
m) Withdrawal : the right of withdrawal or so-called "rethinking" in relation to the purchase of a Product that can be exercised by the Customer under the terms and in accordance with current legislation or on the basis of the sales contract stipulated with the Seller;
n) Return ; the return of the Product purchased through Magic Checkout made by the Customer to the Seller, in accordance with the law or on the basis of the sales contract stipulated with the Seller;
o) Refund : the total or partial refund in favor of the Customer;
p) Request: the request that the Customer sends to Magic in order to use the Magic Checkout service for the purchase of one or more Products on the Seller's Website;
q) Magic Website : the website owned by Magic https://www.magiccheckout.com/ and any other website, digital platform or app managed by Magic relating to Magic Checkout where available;
r) Seller's website: any website, web page or digital platform, where the Seller's Products can be purchased through Magic Checkout and the signing of the Contract;
s) Seller : any company or business that registers on the Platform and offers Customers the opportunity to purchase their Products using Magic Checkout.
2. Object of the Agreement
The Agreement governs: (1) the Customer Registration on the Platform in order to take advantage of Magic Checkout and (2) the possibility for the Customer, after registering and creating a Magic Account, to purchase one or more Seller's Products by paying through Magic Checkout by charging the indicated Payment Method, subject to specific approval by Magic.
3. Registration on the Platform
3.1. In order to take advantage of Magic Checkout, the Customer must register on the Platform accessible through the Seller's Website and create a Magic Account. Registration can be made at the same time as the first purchase of a Product or at any other time.
3.2. In order to register on the Platform, the Customer must provide Magic: (1) their personal data (name and surname); (2) a valid and verifiable email address; (3) an Italian mobile phone number; (4) the details of the Payment Method.
3.3. Following the Registration, the Customer will also have the possibility, where made available by Magic, thanks to the loyalty program promoted and managed by Magic, to collect points on the basis of purchases made and obtain rewards, in the form of discounts and products / services. .
3.4. The Customer is responsible for any purchase made through their Magic Account, even if undue, illegal or not attributable to itself (for example, in case of theft of the password), until the request for blocking the account is sent to Magic .
3.5. Magic may at any time prevent or limit the Customer's access to the Magic Account in the event of the Customer's breach of the obligations established by the Agreement, by law or imposed by the authorities.
4. Purchase of the Product through Magic Checkout
4.1. Following Registration, the Customer will have the opportunity to purchase one or more Products of the Seller. To this end, when purchasing the Product, the Customer must select the appropriate Magic Checkout payment method. The Customer, therefore, will be directed to the Magic Website in order to be able to complete the Request after registering or logging into the Magic Account (in the case of an already registered user).
4.2. It is understood that the Customer may, in any case, purchase the Product directly from the Seller without using Magic Checkout if it is not available also for the reasons referred to in art. 5.2.
5. Magic's Obligations
5.1. Once Registration is complete, Magic will guarantee the Customer:
a) the full usability of Magic Checkout - compatibly with the system used by the Seller - on the Seller's Website;
b) the recognition of discounts and where applicable the awarding of prizes according to the terms and methods indicated in the specific regulation published from time to time on the Magic Website.
5.2. At any time and with immediate effect Magic may limit, suspend or revoke access to the Magic Account and the use of Magic Checkout if the Customer:
- violates the obligations established by the following art. 6;
- does not have sufficient funds available on the Payment Method to pay for a Product;
- you use the Magic Account in a way that is not in accordance with the law, the Agreement or in good faith.
5.3. Customer acknowledges that Magic is not responsible for:
a) in the event that it is not possible to use Magic Checkout due to the Seller;
b) if the use of Magic Checkout is not available or is subject to limitations due to the failure or malfunction of the Customer's or Seller's IT systems;
c) for any loss or damage arising from the Products purchased by the Sellers through Magic Checkout.
5.5. In the event of complaints, disputes or any type of dispute between the Customer and the Seller, Magic undertakes, at the express request of the Customer or the Seller, to take all reasonable efforts to facilitate an amicable settlement of the dispute, without however assuming any type of obligation or responsibility in this regard.
6. Customer Obligations
6.1. By registering on the Platform, the Customer confirms that he has reached the age of eighteen and undertakes to use Magic Checkout only for private and personal reasons.
6.2. The Customer undertakes not to use any information on third parties that he becomes aware of through the Platform for commercial or advertising purposes.
6.3. The Customer guarantees that the personal data and information relating to the Payment Method and the delivery address provided at the time of Registration and those provided subsequently, in the event of their change, are correct, precise and complete and undertakes to ensure that such information is always up-to-date.
6.4. The Customer undertakes to comply with current legislation, including, by way of example but not limited to, the laws on privacy and intellectual property, avoiding any violation of industrial and intellectual property rights and / or relating to trademarks, patents and copyrights. .
6.5. The Customer is solely responsible for the presence of sufficient funds on the indicated Payment Method. The Customer undertakes to promptly notify Magic through the Magic Account of any replacement or modification of the Payment Method or related data.
6.6. The Customer will not be able to use Magic Checkout for the purchase of Prohibited Products.
7. Free Registration and Magic Checkout
Registration on the Platform and the use of Magic Checkout are free of charge, without charge of commissions, interest, fees and / or other charges.
8. Intellectual Property
8.1. The Customer acknowledges that Magic is the exclusive owner of the intellectual property rights on all trademarks attributable to Magic Checkout, on the software used by Magic, including data for accessing the Platform and data processing processes, and on the Site. Web Magic.
8.2. The Customer undertakes not to modify, alter, copy, imitate or use without the prior written consent of Magic any access protocol to the Magic Website or any text, logo, graphics, image, icon or other content present on the Magic Website or on the Platform.
8.3. Nothing in the Agreement shall be construed as a grant, in whole or in part, of Magic's intellectual property rights.
9. Duration, withdrawal and termination of the Agreement
9.1. The Contract is for an indefinite period.
9.2. The Customer may withdraw from the Agreement at any time and with immediate effect and request the closure of their Magic Account by sending a written communication to Magic at email@example.com.
9.3. The Contract will be considered terminated pursuant to art. 1456 of the Civil Code in case of violation by the Customer of the obligations under this Agreement. In this case, Magic will close the Customer's Magic Account following the communication to the Customer at firstname.lastname@example.org that he wishes to make use of the express termination clause.
10. Withdrawals, Returns and Refunds
If the Customer intends to make a Withdrawal, a Return and / or is possibly entitled to a Refund by law or on the basis of the contract stipulated with the Seller in relation to a Product purchased using the Magic Checkout service, he is required to notify the Seller. as well as for knowledge to Magic.
11. Communications and Complaints
11.1. Magic may send all the communications required by the Contract to the telephone number, the address of residence, domicile or residence, or the e-mail address indicated by the Customer at the time of Registration or to those subsequently modified.
11.2. The Customer must send all communications required by the Contract to the address email@example.com.
11.3. The Customer undertakes to maintain, for the entire duration of the Contract, a valid e-mail address and an active telephone number as well as to promptly communicate any changes to them to allow communications relating to the Contract. If the Customer does not promptly notify Magic of the changes in their contact details, the communications sent by Magic will be deemed to have been received by the Customer in all respects even if returned to the sender or in the event of unavailability.
11.4. Any complaints that the Customer wishes to propose against Magic for the Magic Checkout service must be sent to Magic at the e-mail address firstname.lastname@example.org within 15 (fifteen) days from the discovery of the reason that gave rise to the complaint.
11.5. Magic undertakes to respond to the Customer within 30 (thirty) days of receiving the complaint by specifying, alternatively:
(a) the acceptance of the complaint and the consequent actions that will be implemented by Magic;
(b) the rejection of the complaint with an indication of the reasons that did not allow it to be accepted, it being understood that in this case the Customer will be able to take the remedies and legal actions he deems appropriate;
(c) the need to receive further information and / or documents from the Customer to assess the validity of the complaint. In the latter case, the term of 30 (thirty) days for Magic's definitive response will run from the date of receipt of all the documentation and / or information requested.
12. Treatment of personal data
12.1. The Customer undertakes to ensure that the personal data provided at the time of Registration, as well as the data of the Payment Method, are true, correct, up-to-date and as accurate as possible. In case of data changes, the Customer undertakes to promptly update the Magic Account by modifying and / or inserting such new data. At the request of Magic or its delegates, the Customer undertakes to immediately provide a copy of their identity document.
12.2. The processing of the Customer's personal data takes place in compliance with the GDPR (EU Reg. 2016/679) and with the internal legislation in force on the protection of personal data (Legislative Decree 196/2003 and subsequent amendments and / or additions) and can be consulted by the Customer through the following link: https://www.magiccheckout.com/en/privacy .
13. Changes to the Agreement
13.1. Magic has the right to modify any provision of the Agreement at any time, by giving written notice to the Customer with 30 (thirty) days' notice.
13.2. In the event of changes unfavorable to the Customer, the Customer has the right to withdraw from the contract within 30 (thirty) days of becoming aware of the change, without any penalty.
14. Transfer of the Agreement
14.1. The Customer may not assign the Agreement and the rights deriving from the Agreement to third parties without the prior written consent of Magic.
14.2. Magic may delegate the execution of the Agreement, in whole or in part, to any parent company or controlled by Magic and / or to any third party appointed, even without prior notification to the Seller. Magic may also assign the Agreement to any parent company or controlled by Magic and / or to any third party, upon written notice to the Customer.
15. Applicable law and competent court
15.1. The Contract, the rights and obligations of the parties are governed by Italian law and must be interpreted in accordance with it.
15.2. Any dispute that may arise between the Customer and Magic relating to the Contract is subject to the exclusive jurisdiction of the Court of the Customer's place of residence and / or elected domicile.