Magic Checkout - General Terms and Conditions
In the Agreement, the following terms, expressed in the singular or plural form, have the meanings indicated below:
a) Magic Account: the personal account of each Customer, created after Registration on the Platform in order to use Magic Checkout and check their position with regard to purchases made and the situation regarding the points obtained;
b) Payment Method: any payment method accepted by Scalapay, if available (e.g. credit card, debit card, prepaid card or bank account, Paypal), the details of which are provided by the Customer at the time of Registration, to be used to charge the payments due from the Customer for the purchase of the Products, as well as for the crediting of any refunds, cashback where applicable, or any other payment method used during the course of the relationship in place of the one initially indicated;
c) Customer: any natural person who wishes to use Magic Checkout;
d) General Terms and conditions: these general terms and conditions;
e) Agreement: the agreement whereby Scalapay makes the Platform available to Customers, enabling them to use Magic Checkout and check their personal position by accessing their Magic Account;
f) Scalapay: Scalapay S.r.l., a company incorporated under the laws of Italy with registered office in Via Giuseppe Mazzini 9, 20123 Milan, Tax Code / VAT No. 06891080480, Economic and Administrative Index no. MI - 2606390, certified email email@example.com;
g) Magic Checkout: the service enabling Customers to purchase Vendors’ Products by means of a fast checkout option, by automatically using the Customer’s first and last name, Payment Method and delivery address indicated by Customers at the time of Registration;
h) Platform: the IT and digital infrastructure set up by Scalapay in order to enable Customers to purchase Products via Magic Checkout;
i) Prohibited Products: any good and/or service that cannot be purchased via Magic Checkout because they are subject to restrictions, and in particular:
a) products and/or services whose sale is prohibited in the European Union;
b) products and/or services that infringe intellectual property, including - but not limited to - counterfeit goods and illegally copied software;
c) dangerous products likely to cause 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 or equipment aimed at the production, marketing and/or consumption of narcotic substances (including where sale is permitted under applicable legislation), tobacco-related products;
d) pornographic material;
e) gambling-related products and/or services;
f) products and/or services conducive to the commission of offences or unlawful conduct of any kind;
g) products and/or services prohibited to minors;
h) any other product or service that Scalapay, at its sole discretion, deems dangerous, inappropriate or high risk.
j) Product: any good and/or service that can be purchased by Customers from a Vendor’s Website via Magic Checkout;
k) Registration: the Customer’s registration on the Platform, which is necessary in order to use Magic Checkout;
l) Withdrawal: the right of withdrawal or so-called “rethinking” in relation to the purchase of a Product, which may be exercised by the Customer under the terms of and pursuant to current legislation, or based on the sales contract entered into with the Vendor;
m) Return; the return of a Product purchased through Magic Checkout by the Customer to the Vendor, in accordance with the law or under the sales contract with the Vendor;
n) Refund: the total or partial refund in favour of the Customer;
o) Request: the request that a Customer sends to Scalapay in order to use the Magic Checkout service for the purchase of one or more Products on the Vendor’s Website;
p) Magic Website: the website owned by Scalapay https://www.magiccheckout.com/ and any other website, digital platform or app operated by Scalapay and relating to Magic Checkout;
q) Vendor Website: any website, webpage or digital platform where a Vendor’s Goods can be purchased via Magic Checkout and a Contract be entered into;
r) Vendor: any company or retailer that registers on the Platform and offers Customers the possibility to purchase its Products using Magic Checkout.
2. Scope of the Agreement
The Agreement governs: (1) Customers’ Registration on the Platform in order to use Magic Checkout and (2) the possibility for Customers, subject to Registration and creation of a Magic Account, to purchase one or more of the Vendor’s Products paying them via Magic Checkout by debiting the indicated Payment Method, subject to specific approval by Scalapay.
3. Platform Registration
3.1. In order to use Magic Checkout, the Customer must register on the Platform, which can be accessed through the Magic Website or through the Vendor’s Website, and create a Magic Account. Registration may be made at the time of the first purchase of a Product or at any other time.
3.2. In order to register on the Platform, the Customer must:
a) provide Scalapay with: (1) personal details (first and last name); (2) a valid and verifiable e-mail address; (3) an Italian mobile phone number; (4) the details of the Payment Method.
3.3. Following Registration, thanks to the loyalty programme promoted and managed discretely by Scalapay, the Customer will also have the opportunity to collect points on the basis of the purchases made and obtain rewards in the form of chargeback and products/services.
3.5. Customers are liable for any purchase made through their Magic Account, even if it is unlawful or not attributable to them (e.g. if the password is stolen) until a request to block the account is sent to Scalapay.
3.6. Scalapay may at any time prevent or limit the Customer’s access to the Magic Account in the event of a breach by the Customer of the obligations under this Agreement, under the law, or as imposed by the Authorities.
4. Product purchase via Magic Checkout
4.1. Following Registration, the Customer will have the opportunity to purchase one or more of the Vendor’s Products. To this end, when purchasing a Product, the Customer must select the appropriate Magic Checkout payment method. The Customer will then be redirected to the Magic Website to be able to complete the Request, following Registration or login (in the case of a user who has already registered).
4.2. It is understood that the Customer may, in any case, proceed with the purchase of the Product directly from the Vendor without using Magic Checkout if this is not available for the reasons set out in Article 5.2.
5. Obligations of Scalapay
5.1. Once Registration is complete, Scalapay will guarantee the Customer:
a) access to the Magic Account and full usability of Magic Checkout - compatibly with the system used by the Vendor - on any of the Vendor’s Websites;
b) discounts and awards in accordance with the terms and conditions indicated in the specific regulations published on the Magic Website.
5.2. At any time and with immediate effect, Scalapay may restrict, suspend, or revoke access to the Magic Account and the use of Magic Checkout if the Customer:
- violates the obligations set out in Article 6 below;
- does not have sufficient funds available on the Payment Method to pay for a purchased Product;
- uses the Magic Account in a way that does not comply with the law, the Agreement or good faith.
5.3. The Customer acknowledges that Scalapay is not liable:
a) if Magic Checkout cannot be used for causes attributable to the Vendor;
b) if access to the Magic Website or the Magic Account is not available or is restricted due to the failure or malfunction of the Customer’s or the Vendor’s IT systems;
c) for any loss or damage arising from the Products purchased from Vendors via Magic Checkout.
5.4. Scalapay undertakes to process Customers’ personal data in accordance with the relevant legislation in force and Scalapay’s internal regulations, as set out in the General Terms and Conditions.
5.5. In the event of complaints, claims or any type of dispute between the Customer and the Vendor, Scalapay agrees, at the express request of the Customer or Vendor, to make every reasonable effort to facilitate an amicable settlement of such dispute, without however accepting any type of obligation or liability in this regard.
6. Customer Obligations
6.1. By registering on the Platform, the Customer confirms that he/she is at least 18 years old and undertakes to use Magic Checkout only for private and personal use.
6.2. The Customer agrees not to use for commercial or advertising purposes any information on third parties of which he or she has become aware through the Platform.
6.3. The Customer represents and warrants that the personal data and information relating to the Payment Method and delivery address provided upon Registration and those provided subsequently, in the event of their change, are truthful, accurate and complete, and undertakes to ensure that such information is kept up to date at all times.
6.4. The Customer agrees to comply with current legislation, including, but not limited to laws on data protection and intellectual property, avoiding any violation of industrial and intellectual rights and/or rights relating to trademarks, patents and copyrights.
6.5. The Customer is exclusively responsible for ensuring that there are sufficient funds on the indicated Payment Method. The Customer undertakes to promptly notify Scalapay via the Magic Account of any replacement or change of the Payment Method or its related data.
6.6. The Customer may not use Magic Checkout to purchase Prohibited Products.
7. Free Registration and Use of Magic Checkout
Registration on the Platform and use of Magic Checkout are free of charge, without any fees, interests, and/or other charges.
8. Intellectual Property
8.1. The Customer acknowledges that Scalapay is the exclusive owner of the intellectual property rights over all trademarks related to Magic Checkout, the software used by Scalapay, including data for accessing the Platform and data processing procedures, and over the Magic Website.
8.2. The Customer agrees not to modify, alter, copy, reproduce or use, without the prior written consent of Scalapay, any Magic Website access protocol or any text, logo, graphics, image, icon or other content on the Magic Website or the Platform.
8.3. No provision of the Agreement may be interpreted as a total or partial assignment of Scalapay’s intellectual property rights.
9. Term, withdrawal and termination of the Agreement
9.1. The Agreement is open-ended.
9.2. The Customer may withdraw from the Agreement at any time and request the closure of his/her Magic Account by sending notice in writing to Scalapay.
9.3. The Agreement shall be deemed terminated pursuant to and for the effects of Art. 1456 of the Italian Civil Code in the event of a breach by the Customer of one or more of the obligations under this Agreement. In such an event, Scalapay will close the Customer’s Magic Account after sending to the Customer a notification stating that it wishes to avail itself of the express termination clause.
10. Withdrawals, Returns and Refunds
If a Customer intends to make a Withdrawal, a Return and/or is entitled to a Refund by law or under the agreement with the Vendor in relation to a product purchased using the Magic Checkout service, he/she must inform the Vendor, as well as Scalapay for information.
11. Communications and Complaints
11.1. Scalapay may send all communications under this Agreement to the telephone number, to the address of residence, domicile or abode, or to the email address indicated by the Customer at the time of Registration, or to those subsequently amended.
11.2. The Customer shall send all communications under the Agreement to firstname.lastname@example.org.
11.3. In order to enable communications relating to the Agreement, and throughout its term, Customers undertake to maintain a valid e-mail address and an active telephone number, and to promptly notify any change. If the Customer does not promptly communicate to Scalapay any changes in his or her contact details, the communications sent by Scalapay shall be deemed for all intents and purposes to have been received by the Customer, even if returned to the sender or if the latter cannot be reached.
11.4. Any complaints that a Customer wishes to lodge with Scalapay must be sent to Scalapay through the e-mail address email@example.com within 15 (fifteen) days of becoming aware of the reason giving rise to the complaint.
11.5. Scalapay agrees to respond to the Customer within 30 (thirty) days of receipt of a complaint, by stating, alternatively:
(a) the acceptance of the complaint and the consequent actions that will be implemented by Scalapay;
(b) the rejection of the complaint with the indication of the reasons that did not allow its acceptance, it being understood that in this case the Customer may seek the remedies and legal actions it deems appropriate;
(c) the need to receive additional information and/or documents from the Customer to assess the merits of the complaint. In the latter case, the deadline of 30 (thirty) days for the final response of Scalapay will start from the date of receipt of all the documentation and/or information requested.
12. Processing of personal data
12.1. The Customer agrees to ensure that the personal data provided at the time of Registration, as well as the Payment Method data, are true, correct, up-to-date and as accurate as possible. In the event of a change in data, the Customer agrees to promptly update his/her Magic Account by amending and/or entering such new data. At the request of Scalapay or its delegates, the Customer agrees to immediately provide a copy of his or her identity document.
12.2. The processing of the Customer’s personal data is in compliance with GDPR (Reg. EU No. 2016/679) and current domestic legislation on the protection of personal data (Italian Legislative Decree 196/2003 and subsequent amendments and/or additions) and may be accessed by Customers through the following link: http://www.scalapay.com/it/privacy.
13. Amendments to the Agreement
13.1. Scalapay has the right to amend any provision of this Agreement at any time, including the right to annul or amend the General Terms and Conditions, by giving 30 (thirty) days’ notice to the Customer in writing.
13.2. In the event of changes that are unfavourable to the Customer, the Customer has the right to withdraw from the agreement without any penalty within 30 (thirty) days of becoming aware of the change.
14. Assignment of the Agreement
14.1. The Customer may not assign the Agreement and the rights arising therefrom to third parties without the prior written consent of Scalapay.
14.2. Scalapay may delegate the performance of the Agreement, in whole or in part, to any parent company or subsidiary of Scalapay and/or to any appointed third party, even without prior notice to the Vendor. Scalapay may also assign the Agreement to any parent company or subsidiary of Scalapay and/or to any third party, subject to giving written notice to the Customer.
15. Applicable Law and Jurisdiction
15.1. The Agreement, the General Terms and Conditions, the rights and obligations of the parties are governed by Italian law and shall be interpreted in accordance with it.
15.2. Any dispute arising between the Customer and Scalapay relating to the Agreement and the General Terms and Conditions is subject to the exclusive jurisdiction of the Court of the Customer’s place of residence and/or address for service.