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TERMS AND CONDITIONS OF SERVICE
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OVERVIEW
This website is operated by Magica Yachting. The terms “we” and “our” throughout the site refer to Magica Yachting. Magica Yachting offers you
this website with all the information, tools and services available therein provided that you, as a user, accept all the terms, conditions
conditions, information and warnings reported 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.
(“Terms and Conditions of Service”, “Terms”), which includes the additional terms, conditions and notices referenced herein and/or
available via hyperlink. These Terms and Conditions of Service apply to all users of the site, including but not limited to
including, but not limited to, visitors, vendors, customers, merchants, and/or authors of comments and other content.
Please read these Terms and Conditions 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 and Conditions of Service. If you do not agree to all of the terms and conditions of this agreement,
you may not access the website or use its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions of Service. You can consult the
most recent version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, change or
replace any part of the Terms and Conditions of Service by posting updates and/or changes to our website. It is your responsibility
Please check this page periodically for changes. Your continued use of or access to the website following the
Posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS AND CONDITIONS
By agreeing to these Terms and Conditions of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have the age of majority in your state or province of residence.
of legal age in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
(including but not limited to copyright laws).
You may not distribute worms, viruses or any other type of malicious code.
Violation of any provision of the Terms will result in immediate termination of your right to use the Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to deny service to anyone, for any reason, at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card data is always
encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or use of the Service, access to the Service, or any
contact on the website through which the service is provided without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We will not be liable if information made available on this site is not accurate, complete or current.
materials on this site are intended to be purely indicative and should not be relied upon or used as the sole basis for
make decisions without consulting more authoritative, accurate, complete or current sources of information. By relying on information from
make decisions without consulting more authoritative, accurate, complete or current sources of information. By relying on information from
you use this site at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for reference only. 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.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We will not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may be available in
limited quantities, and may be subject to return or exchange only according to our Returns and Refunds Policy.
We have made every effort to display accurate colors and images of the products in the store. However, we cannot guarantee that the colors
displayed on your computer screen are accurate.
We reserve the right (though not obligated to do so) to limit the sales of our products or Services to any person, region or country.
geographic or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any products or services that we offer. Product descriptions and pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right
the right to discontinue the sale of any product at any time. The sale of any product or service through this site is by
be considered void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any
errors in the Service are corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order received. We may, at our sole discretion, limit or cancel quantities purchased for
person, per household or per order. These restrictions may apply to orders placed by the same customer account, with the same credit card
credit and/or orders that use the same billing and/or shipping address. In the event of a change to or cancellation of an order, we may attempt to
to notify you via the email address, billing address, or phone number provided at the time of ordering. We reserve the right to limit or
prohibit orders that in our sole discretion appear to be placed by wholesalers, 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 details, such as your email address, credit card numbers and expiration dates, so that
we can complete transactions and contact you if necessary.
For more information, please see our Refunds and Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor, control or have any ownership or control.
You acknowledge and agree that we provide access to such tools ”as is” and ”as available” without any warranties, representations, conditions or
endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. It is up to you to ensure that
know and approve the terms and conditions to which third-party tools are subject.
In the future, we may also offer new services and/or features through the website (for example, by introducing new tools and resources). Such
new features and/or services shall be subject to these Terms and Conditions of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third party links on this site may direct you to external websites that are not affiliated with us. We are not responsible for examining or
evaluate the content or accuracy of such websites. And we make no warranties or have any liability for any third-party materials or websites.
nor for any other third-party materials, products, or services.
We will not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made.
We will not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made.
through third-party websites. Carefully review third-party policies and procedures and make sure you understand them before you do so.
any transaction. Complaints, claims, concerns, and questions regarding third-party products should be directed to the applicable third-party.
SECTION 9 - COMMENTS, FEEDBACK AND OTHER MATERIALS SUBMITTED
If you send us, online, by email, by post, or otherwise, certain materials (collectively, "comments") — for example, about
our request, contributions for participation in contests, or without our request, creative ideas, suggestions, proposals, plans or other
materials — you agree that we may at any time and without restriction modify, copy, publish, distribute, translate or otherwise use in any manner
otherwise and by any means the comments you transmit to us. We have and shall have no obligation to (1) maintain any comments in confidence; (2)
pay compensation for comments; or (3) respond to comments.
We may (but have no obligation to) monitor, edit and remove content that we deem in our sole discretion to be objectionable.
unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or content that infringes any intellectual property
any part or these Terms and Conditions of Service.
You agree to avoid comments that infringe the rights of third parties, including copyright, trademark, privacy, personality rights and other rights.
real or personal. You further agree not to post comments that contain defamatory or otherwise unlawful, abusive or obscene material, or viruses
computer viruses or other malware that may compromise the operation of the Service or any related website. You may not use a
false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for
comments you submit and their accuracy. We do not assume and will not have any liability for any comments posted by you or any third party.
parts.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Policy
on privacy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions regarding
product descriptions, prices, promotions, offers, shipping costs, delivery times or product availability. We reserve the right to
correct any errors, inaccuracies or omissions by changing and updating information or cancelling orders, if any information in the
Service or any related website is inaccurate at any time (including after you have submitted your order) without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation
limitations on pricing information, except as required by law. No update date specified in the Service or on any website
related shall be construed as a guarantee that all information in the Service or on any related website is correct and
updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to induce others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or local laws or regulations.
state, or local ordinances; (d) to infringe or violate our or any third party's intellectual property rights; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, age, country of origin, or
disabilities; (f) to provide false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service,
any related website, other websites or the Internet; (h) to collect or monitor personal information about other users; (i) to spam, phish,
pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the functionality of
security of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or
any related website if you violate any of the prohibited uses provisions.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You acknowledge that we may occasionally suspend the Service for indefinite periods of time, or cancel the Service at any time without notice.
send you any notice.
You expressly agree that your use of, and inability to use, the Service is at your sole risk. The Service and all products and services provided through
the Service is (except as expressly stated by us) provided "as is" and "as available" for your use, without
representations, warranties or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, ownership and non-infringement.
In no event shall Magica Yachting and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or
licensors shall be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages
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licensors shall be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages
consequential damages of any kind — including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or other
similar damages, whether in contract, tort (including negligence), strict liability or otherwise — arising from the use of any of the
services or products obtained by using the service, nor for any other claim relating in any way to the use of the service or product, including, without limitation,
including, but not limited to, any errors or omissions in any content, losses or damages of any kind related to the use of the service or any
content (or product) posted, transmitted or otherwise made available through the Service, even if informed of such possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions the exclusion or limitation of liability for consequential or incidental damages shall not apply to you.
jurisdictions our liability will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Magica Yachting and its parent, subsidiary and affiliated companies, as well as its partners, officers, directors,
directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or
claims, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
If any provision of these Terms and Conditions of Service is held to be unlawful, void or unenforceable, such provision shall be
still applicable to the fullest extent permitted by applicable law and the unenforceable portion will be deemed severed from these Terms and
terms of service, without prejudice to the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms and Conditions of Service will be effective until terminated by either you or us. You may terminate these Terms and Conditions of Service at any time.
service at any time by informing us that you no longer wish to use our Services, or by ceasing to use our site.
Additionally, if in our sole judgment you violate or we suspect that you have violated any provision of these Terms of Service,
We may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
including termination; accordingly we may deny you access to the Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.
right or provision.
These Terms and Conditions of Service and any policies or operating rules posted by us on this site or in respect to the Service
constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and
any prior or contemporaneous proposal, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and Conditions of Service and any separate agreements whereby we provide you Services shall be governed by and construed in
compliance with the laws in force in via francesco fracanzano 18 80127 Naples NA Italy.
SECTION 19 - CHANGES TO THE TERMS AND CONDITIONS OF SERVICE
You can review the most current version of the Terms and Conditions of Service at any time on this page.
We reserve the right at our sole discretion to update, change or replace any part of these Terms and Conditions of Service.
by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
web. Your continued use of or access to the website or the Service following the posting of any changes to these Terms and Conditions of
service constitutes acceptance of such changes.
SECTION 20 - CONTACTS