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Terms and Conditions
This website is operated by Magma Pack Ltd (“we” or “us” or Magma Pack).
Company Details:
Magma Pack Ltd.
Company No. 113032967
VAT Number BG113032967
2, Ml. Stoyanov str.
Industrial zone
Pernik 2303
Bulgaria
The following terms and conditions (the “Agreement”) govern all use of this website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained here and all other operating rules, policies and procedures that may be published from time to time on the Site by Magma Pack – including, without limitation, Shipping, Returns Policy, Privacy Policy and others. Do not use this Site if you do not agree with this Agreement. By registering with Magma Pack Ltd, you accept that you are entering into a contract with us under these Terms. Placement of an order in any approved means of ordering from the user and/or acceptance of delivery of goods shall be deemed evidence of the users acceptance of these terms and conditions. These terms or User Agreement govern the relationship between you and us. Only persons aged eightteen years or over may agree to these terms and use the website or the services offered through the website.
Definitions
Price – refers to the price of the goods/ products, valid at the date and time of the Order
Business days – weekdays from Monday to Friday (with the exclusion of public holidays in accordance with the laws of the Republic of Bulgaria).
Written form – also includes e-mail messages clearly specifying the name of the sender and recipient.
Account – a service provided electronically; a personalised User administration panel accessible after successful registration and logging on to the Website by the User – after providing a pre-set login and password through which the User can place an Order, and in which the User’s information and documentation related to his Orders are stored.
Privacy Policy – a document regulating the security of privacy protection and the processing of the User’s personal data; The Privacy Policy constitutes an integral part and an attachment to the Terms and conditions, available at this address https://magmapack.com/privacy-policy/
User – refers to an entity with full legal capacity using the Website, in particular whose name appears on the Order. People who register for Magma Pack Ltd establish an “Account” and become “Users”. Wholesale accounts are regarded as “business” not as a “consumer”. Visitors to Magma Pack Ltd who do not become Users, but who nevertheless use the Site, affirm that they are bound by these Terms each time they access Magma Pack Ltd.
Order – refers to a declaration of will of the User leading directly to the conclusion of the Contract of sale and containing its essential terms; Orders may be placed electronically via the Website sales system, by e-mail 24 hours a day, 7 days a week throughout the year, with the reservation that their processing takes place on Business Days from 9.00 to 18.00;
Services
The website provides access to a number of services that may be used in accordance with these terms. The Service includes, but is not limited to:
The ability to order production or print of paper bags, envelopes, boxes and various packaging related materials.
Modification
We may modify these terms at any time. Magma Pack Ltd reserves the right to modify this Agreement, fees, charges, terms or any site content at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User’s acceptance of the terms and conditions of changes as modified. The modified terms will come into effect as soon as they are posted on the website. The use of the website or any services provided through the website after that point will be subject to the modified terms. Your provision of any payment details deem that the terms are accepted by you, the buyer.
Conditions of Order
Magma Pack Ltd allows you to access your files through your Account. However, please note that:
You may submit, transfer or upload digital designs, images, pictures, data, text, photographs, graphics, messages, or other material (the “Content”) to the website yourself and store a copy with license to Magma Pack to work with it.
You confirm to Magma Pack you own or have permission to use the content. All copyright/licensing is the customers responsibility, anything we print, we assume you have permission beforehand.
You retain all intellectual property rights, including copyright, to the content that you have uploaded to the website or emailed to us. We may delete, remove or refuse to display any at our sole discretion.
Files uploaded by you or by us on your behalf which are then turned into a custom product may (subject to the restrictions in these terms) be made available for viewing to other users of this site for display in our gallery only with your expressed permission.
We may display, modify, print, transmit, distribute or delete any of the images that you upload or email to us, provided that this is necessary in order to provide any of the service offered by us via the website or is otherwise allowed by these terms.
You accept that a design (except vector) or photograph when enlarged may lose some definition and that colour variation may occur in finished item.
Magma Pack will make every effort to depict and describe the colours printed on the bags presented on his website as accurately as possible, however, he cannot guarantee that the colours of the delivered bags will accurately reflect those displayed on the User’s monitor. Magma Pack is not responsible for the graphic made on the Product by the User in the creator (graphic design) available on the Website, in particular if it does not correspond to the virtual project made by the User in the creator.
Magma Pack is not responsible for color reprodction on brown and tinted papers. We do not recommend usage of pale and cold colors on brown natural paper. Paper brown tint may vary from factory batch to batch.
Due to ink oxydation and decolorisation and different papers used for paper bags and color swatches, we can not match 100% Pantone books colors or already printed samples.
Colors on coated, uncoated, glossy and matt laminated surfaces look different. Define color references using a latest edition of Pantone Solid coated or uncoated or Pantone process coated or uncoated CMYK books. Magma Pack will not accept any claims in case colors are printed correctly for the respective paper.
There might be 1-3 mm folding tolerances in automatic bags production and 7-8% paper weight variations.
You are advised to keep backups of all content provided to us. It is up to you to keep backup copies of content uploaded by you or emailed to us. We will not be responsible for keeping backups or for loss of, deletion or corruption of any content.
We may without notice and at our sole discretion delete or remove any content that has been uploaded, emailed or submitted for printing in breach of these terms.
You are not allowed to upload, email to us or order products of any content which contains pornographic, obscene, indecent or offensive material, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or that may incite hatred or violence against any person or group, blasphemous material, defamatory or otherwise actionable material, images of any criminal act, material the use or inclusion of which infringes any copyright, trademark or other intellectual property right of any third party, material that breaches any applicable laws or legislation. We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the website (including the uploading or emailing of any images in breach of the above restrictions). We may provide copies of any relevant content or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
You shall ensure your content does not infringe anyone’s privacy or data protection rights.
Confirmation of order
You are responsible for ensuring all details submitted at time of checkout is accurate and complete, in order for us to provide the Service you require. These details include, but are not limited to: name, address, contact telephone number, mobile number, email address, payment details, product size and specifications and any content uploaded.
Once you have placed an order for any goods or services via this website using the Service, the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be by email or post.
We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the products had been dispatched.
Pricing and discounts
We set prices and display these prices on the website. All Prices are subject to change at any time. Prices are always kept up to date on the Website. It is the Buyer’s responsibility to check the current price before placing an order, regardless of whether the order is being placed online or by other means. As prices are always up to date on the Magma Pack Website, written notice may not be provided for price changes.
All prices are in Euro, VAT excluded.
Shipping costs are shown separately.
Any changes to your order may incur additional fees and we will contact you either via email or phone to arrange payment.
Changes to your order/Cancellations and returns
We handmake every product and personalise it to order, so as soon as we start production of your bespoke items, we have already invested into the ink, transfer paper, materials and the workforce time specifically for your order. That means you ca not cancel the order.
You accept we exercise a degree of license to edit your files to fit and to achieve the very best results. Magma Pack is not obliged to make these adjustments and does so without liability in order to help to achieve the best results.
We may contact you via email or phone to query, make changes to or confirm your designs before we proceed with production of your order. If you do not respond to our queries, this may cause delay to your order. If we contact you with queries about your order it is because we deem it necessary in order to provide the Service. We are not obliged to contact you about your order during production.
You do not have the right to cancel products as the products have been made to your specific requirements.
The goods cannot be returned because they were made according to your specifications or were personalised by you.
We do not refund or exchange for incorrect bag size. We do not refund or exchange for change of mind.
All measurements are provided on our website, and it is your responsibility to order the correct size.
Refunds and exchanges will only be done if the products are faulty or incorrect product delivered.
In the unlikely event of a manufacturing fault, it will be repaired or replaced free of charge.
MagmaPack faults cover wrong size, completely different print, wrong paper type, more than 50% unglued or unusable bags. We, MagmaPack, will decide what falls under manufacturer (MagmaPack) faults.
MagmaPack shall not be liable for:
- Any defects in the quality or state of the goods. (except for discrepancy in quantity) which would be apparent on a reasonable examination or for their being otherwise not in accordance with the contract unless the Buyers/Users shall have given to MagmaPack within 10 days after receipt of the goods or of the MagmaPack’s invoice whichever be the earlier a written notice specifying the matters complained of and shall thereafter afford MagmaPack a reasonable opportunity of inspecting the goods before they have been used or processed: or
- Any detects in the quality or state of the goods which would not have been apparent on a reasonable examination, unless such defects shall have been discovered within three months after receipt of the goods or of the MagmaPack invoice whichever be the earlier and the Buyer/ user shall have given MagmaPack forthwith upon such a discovery a written notice specifying the matters complained of and shall thereafter afford MagmaPack a reasonable opportunity of inspecting the goods in their alleged defective state; or
- Any discrepancies in quantity unless the Buyers shall have given to the Seller a written notice thereof within seven days after the receipt of the goods
Production times
Production times serve as an estimated timeline and do not warrant that the products will be produced and shipped by a specific date. We will do our best to meet this timeline.
Delivery
For full information and terms see our delivery information.
Delivery Times are stated in good faith. Wherever a delivery time is stated, it serves as a guide timeline and we do not warrant that the products will be with you on a specific date. We will do our best to meet these timelines. Over 96% of our products are delivered inside our quoted timelines.
Shipping to anywhere outside the EU may attract local customs and duty charges, which are beyond our control are based on the customs laws of the receiving territory. We are not obliged to indemnify such costs should they arise, and they will become a matter for the recipient.
Termination
We may terminate your order without notice at our sole discretion. We will refund any monies due in such a circumstance.
Use of Services
Access
You may access any part of the website that is not password protected. Access to some parts of the site is only available if you have a valid password.
You may not access these areas without a valid password.
You must keep your password secure at all times.
You will be responsible for any damage caused by unauthorised access resulting from your failure to keep your password secure.
We may revoke your access at any time, without warning, at our sole discretion.
Illegal use and harm to our system
You may not use the Service to break the law. You agree that that you will not use the Service to violate any laws set out under Bulgarian and European Law.
You agree not to interfere with or attempt to disrupt the Service by distributing a virus or harmful code into our platforms or other programs.
Reproduction of site content
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of MagmaPack or the copyrighted property of parties from whom MagmaPack has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. MagmaPack reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or MagmaPack remain the property of MagmaPack and its licensors.
Operation of website
We may change the format and content of the website (or any products or services offered by this website) at any time.
We may terminate or suspend the operation of this website (or terminate or suspend the provision of any products or services offered via this website) for support or maintenance work, in order to update the website content or for any other reason. We may do this at any time and without notice.
Data protection Personal data provided to us through this website will only be used in accordance with our privacy policy. Please read through this carefully before proceeding. By providing your personal data to us you are consenting to its use in accordance with our privacy policy.
We may publish without any notice to the User/ Buyer pictures of the manufactured paper bags, envelopes, boxes or packaging related materials in our portfolio on the web site and use them for advertising purposes.
Payment
We will not reserve items on your order until we have received payment in full for those items and have accepted your order.
Payment will be made by bank transfer or via Pay Pal.
Law and jurisdiction
We are reasonable and fair in our approach and should we find ourselves in dispute, we will try discussion and dialogue at first consideration for a speedy resolution. Beyond that, we will try arbitration and alternative dispute resolution procedures. If all reasonable resolution ideas are exhausted within a reasonable time frame, then these terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with Bulgarian law for which you and Magma Pack submit for jurisdiction. In the event of any dispute arising in relation to these terms or in relation to the provision of any goods and services by us, the Bulgarian courts will have exclusive jurisdiction over such dispute.
General
This agreement does not form an agency, joint venture, employer and employee status, franchiser and franchisee relationship or legal partnership. This agreement may be assigned or transferred at any time by Magma Pack.
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.